Another Tuesday Beryl roundup

Hurricane Beryl killed at least 22 people in the Houston area. More than half were heat-related deaths.

Hurricane Beryl claimed at least 22 lives in the Houston area. Recent additions to the list include 11 people who died from hyperthermia, or overheating, after sitting without power for days in homes pummeled by a feverish Texas summer. At the height of the outages, CenterPoint, Houston’s main power distributor, had over 2.26 million customers with no electricity. When Cox died three days after the storm hit, over a million were still waiting on a fix.

Beryl’s official death toll will likely continue to climb, but experts said the final number is expected to have major gaps, especially among those found dead in powerless buildings with triple-digit temperatures.

“The count of people dying from heat-related illness is underestimated,” said Dr. Sadeer Al-Kindi, a cardiologist at Houston Methodist who has researched environmental health.

“Especially when people pass away at home. Even if you do an autopsy, there are no specific characteristics that you would find on an autopsy that would link to heat,” he said.

Instead, high temperatures cause victims’ organs to fail faster, and medical examiners often list a person’s cause of death as the liver failure, kidney failure or heart attack they can see, rather than the hyperthermia they cannot. Though Houston officials have kept tabs on Beryl losses, any “natural deaths” not filed as heat-triggered remain uncounted.

[…]

Data from heatstroke patients who have been treated since Hurricane Beryl offer a sense of proportion that death counts could be missing. In the days after the storm, the Houston Health Department tracked heat-related visits to area medical providers and saw that they ballooned to almost 3½ times the previous week’s tally.

Even before Beryl marked Houston’s second days-long power outage this year — a straight-line storm, or derecho, was the first culprit, in May — Texas’ heat death counts were on the rise. Data from the Department of State Health Services shows that at least 362 Texans died from the heat in 2023, the third record-breaking tally in as many years.

“We’re in this new climate right now. And all we know is it’s getting more unpredictable, more chaotic and hotter,” said Jeff Goodell, Austin-based author of “The Heat Will Kill You First.” Goodell said he thinks we’ll never know the full number of lives Beryl took because the heat death tallies we have now in the state are “the vaguest kind of guesses.”

I feel like we encountered a similar issue following the 2021 winter freeze, but that comparison wasn’t explored in this story. For obvious reasons, this is going to be a bigger problem going forward. Both the city and the county, as well as numerous private organizations, had cooling centers for people who needed them, but those people needed to know about them and be able to get to them. I don’t know what a good solution for this is, but surely making this part of the grid more resilient is on the menu, to reduce the number of people affected and the length of time power is out.

‘We were better prepared than ever’: John Whitmire defends Houston preparations for Hurricane Beryl.

Mayor John Whitmire and leaders of various first responder departments pushed back against claims the City of Houston was unprepared for Hurricane Beryl, which hit the city nearly two weeks ago as a Category 1 storm and left millions without power.

Whitmire said he called Sunday’s news conference at the Office of Emergency Management building to address what he said were comments by Council Member Edward Pollard that lives could’ve been saved if the city had been better prepared. Whitmire said the comments were made in news stories honoring Russell Richardson, a civilian employee of the Houston Police Department who was found dead in a car submerged in floodwaters near City Hall.

“I don’t know if Councilman Pollard got us confused with CenterPoint and their preparation,” Whitmire said, referencing CenterPoint Energy, the Houston-area electric utility under fire for the widespread power outages. “We were better prepared than ever, and to claim otherwise, it’s either dishonest or misinformed or both.”

Mary Benton, chief of communications for the mayor’s office, said after the news conference that Whitmire was referencing an ABC13 news story remembering Richardson. It included a clip of Pollard saying: “We were not fully mobilized. We were having our officers come in on the day of the storm, on the morning of the storm, putting those lives at risk.”

Pollard said his comments in the ABC13 story weren’t in response to questions about Richardson’s death but rather about city preparations. In an email statement, Pollard said his heartfelt condolences go out to Richardson’s family. Pollard said he hasn’t cast blame on any individual and has the “utmost respect” for first responders.

“It is deeply disheartening to see our city resort to a press conference aimed at smearing me politically. My comments were solely focused on the logistics of mobilizing our officers a day earlier to ensure their safety and readiness before Hurricane Beryl hit,” Pollard said.

Honestly, I have no particular complaint with the city’s response to Beryl. I agree that CenterPoint was the big problem. The Mayor has said he plans to hold them accountable. It’s not clear to me what he has the power to do, but I look forward to seeing what he has in mind.

Not directly related to Beryl, but on the subject of excessive heat and the danger it represents, there’s this: A federal utility assistance program favors cold-weather states, giving less money to hot places like Texas.

Air conditioning is increasingly necessary to keep homes at safe temperatures during the summer — especially in states like Texas, where temperatures can exceed 100 degrees for weeks on end. That creates dangerous situations as electric bills overwhelm low-income households’ budgets.

The Low Income Home Energy Assistance Program (LIHEAP) is the federal government’s answer to that, helping people keep the heat on in winter and the AC running in the summer.

But the program’s funding formula favors cold-weather climates. Advocates and researchers say that funding for LIHEAP, administered by the U.S. Department of Health and Human Services, should be increased to address the impacts of climate change and better reflect the need in hot states like Texas, Florida and Arizona.

LIHEAP, which also provides funding for weatherization to make homes more energy efficient and crisis assistance for households at imminent risk of being disconnected, was first conceived to address the rising cost of fuel oil for heating coming out of the energy crisis in the 1970s and early 1980s. Today, the program covers only 7.6% of low-income residents’ total heating and cooling costs in Texas, compared to nearly 23% of total costs in a northern state like Minnesota, according to an analysis by Grace Jensen at Georgetown University.

A Duke University study found that only 5% of program funds were used for cooling assistance nationwide between 2001 and 2019. Half went to heating.

“You have a program that was stamped in time during a crisis 40 years ago that hasn’t been revisited in this current moment of climate change and extreme heat,” said Diana Hernandez, a sociologist at Columbia University who studies energy insecurity in low-income communities. “It’s really to the detriment of people that endure extreme temperatures but don’t have the safety net to support them through those hard times.”

LIHEAP, launched in 1981, at first distributed money in part based on how often a state experienced cold weather. That changed several years later after senators urged Congress to rethink the calculation.

Even so, distribution of funds still disadvantages hot states because it averages cold and hot days over a 30-year period, which doesn’t reflect how quickly the planet is warming now.

“The rules haven’t caught up with the change in temperature,” said Mark Wolfe, executive director of the National Energy Assistance Directors Association.

Many states provide supplemental funding to help close the gaps. Others, like Texas, do not. “The lack of federal funding is amplified,” Wolfe said.

Of course we don’t. I don’t know how much of this could help in power outage situations, but plenty of folks need assistance in normal times too, even more so with temperatures rising. Congress and the Legislature need to get on this.

After Beryl, Houstonians rush to rescue injured and abandoned wildlife left by the storm.

Almost immediately after Beryl tore through Houston, leaving a path of torn-up trees and battered homes and more than 2 million homes and businesses without power, the Houston Society for the Prevention of Cruelty to Animals faced a day-long line of Houstonians with injured wildlife at its center just north of Memorial Park. The storm had knocked hundreds of baby birds from their nests, separated week-old opossums from their mothers and destroyed the habitat of many others.

Normally, the intake at the SPCA is about 40 to 50 animals a day. A day after the day after the storm, that figure surpassed 700. By week’s end, some 1,800 animals had come through the doors.

More than a week later, [Brooke Yahney, director of wildlife at the Houston SPCA] and others still are caring for hundreds of animals.

“We were moving so fast,” Yahney said. “It was hard to really think about it, but we’d take an animal in, triage to see what it needed, settle it down and then repeat.”

Extreme weather, such Hurricane Beryl, can have an immense impact on wildlife in the Houston area, according to the National Wildlife Federation. Hurricanes destroy coastal and green habitats, displace wildlife and increase human and animal conflict.

Usually, wildlife is able to bounce back from drought, flooding or storms. However, as hurricanes and other extreme weather events become more intense or frequent due to climate change, increased habitat destruction and displacement could leave wildlife struggling to rebound.

The intake level is back to normal now, thankfully. There are some nice animal pictures in the story if you want to see them.

Finally, do you wonder if your neighborhood is unlucky with power outages? Well, this story with maps about the problem areas that CenterPoint has will either ease your worries or send you into a state of rage. Click carefully. My neighborhood is fine, but there’s a significant swath of the Heights that isn’t. See for yourself.

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Brace yourselves for the 2028 RNC in Houston

Just a reminder, this is looming in our future.

Houston isn’t taking any chances.

As host of the next Republican National Convention in 2028, the city has dispatched teams to Milwaukee this week to get a handle on how to prepare for the crush of visitors, intense security and traffic that comes with hosting what is the biggest political gathering for the GOP in the nation.

Since Friday, officials from the city have been taking note of the security logistics and overall operations to try and see what is working and what they might have to do differently when the convention comes to Texas, bringing with it 50,000 visitors and an estimated $200 million economic impact.

“It’s an invaluable amount of time we are able to spend so we can assure 2028 the best convention that the Republicans have ever hosted,” said Michael Heckman of Houston First Corporation, city’s destination marketing organization.

While Houston has plenty of experience hosting big conventions and sporting events, the intense security measures over a week make hosting a national convention a different challenge.

Wisconsin County Executive David Crowley said about 4 square miles of downtown Milwaukee has been completely blocked off to residents. Military grade barriers and law enforcement-manned checkpoints strictly control all access in and out of the downtown.

“Making sure that this is secure is probably the biggest logistical thing you have to deal with,” Crowley said.

See here for the previous entry. My advice remains the same, avoid at all costs. I feel bad for the shops and restaurants that will be inside the security perimeter, as they will get hosed by that restriction, but I feel worse for the rest of us.

Posted in Elsewhere in Houston, The making of the President | Tagged , , , , , , , | 2 Comments

President Biden drops out of 2024 race

I think we all were expecting this to happen at some point. It was still quite the jolt to see the first breaking news alert on a Sunday afternoon. Lots of people had their weekends cut short. One of my first reactions was a generalized plea to the universe to live in a slightly less consequential time. I don’t think I’m going to get that wish.

Anyway. You can read all you want about this elsewhere. I join President Biden in endorsing Vice President Kamala Harris as his successor on the ballot, and hopefully for the next four years. If we’re going to do this, let’s get it done.

And because I’m sure you’re wondering about this:

The Texas election code states that the Texas Secretary of State can certify a political party’s replacement nominee for president or vice president if the original nominee withdraws, dies or is declared ineligible by the 74th day before the presidential election day, which is Aug. 23 this year, if the party’s state chair submits the replacement nominee no later than 5 p.m. of the 71st day before the election day, which is Aug. 26.

This means if Biden drops out of the presidential race against Donald Trump, the Democratic Party could select a new nominee during its national convention Aug. 19-22 just in time for the nominee to appear on the Texas ballot.

A timely article, that one. I’m happy to be part of the process to pick a nominee in CD18, but that’s way above my pay grade. Let’s get this done and get back to focusing on the main issue, which is beating that other guy. We all have our work to do to make that happen.

Posted in Election 2024, The making of the President | Tagged , , , , | 11 Comments

What happens now in CD18

The Chron is already raising the question.

Rep. Sheila Jackson Lee

Under state law, the Harris County Democratic Party’s executive committee will have until Aug. 26 to nominate a candidate to run in the Nov. 5 general election.

If the committee does not choose a candidate in time, then the Texas Democratic Party would have two days, or until Aug. 28, to make the choice.

Chad Dunn, a lawyer for the Texas Democratic Party, said state party rules advise that, if possible, there should be at least 10 days from the creation of the vacancy before a meeting is called.

County executive committees will sometimes create an informal filing period, or they may create a survey for candidates to fill out, or they may notice the meeting and ask the candidates to show up in person and make their pitch in front of the committee, Dunn said.

The relevant law is here. It’s the same as it was when then-Commissioner El Franco Lee died in 2016, with the Democratic precinct chairs in Precinct 1 – a group that includes me – picking a new nominee for the office, as he had been up for election that year. Given that, I expect it will be more or less the same this time around, with the precinct chairs of CD18 – again, a group that includes me – convening sometime between now and August 26 to name a nominee for November.

I don’t care to speculate beyond that at this time. I’m sure there are plenty of people who will be interested in being that nominee, and I’m equally sure it won’t be long before the first announcement of such interest appears in my mailbox. I’ll let you know when that happens and as we proceed.

As the story notes, there should also be a special election to fill out the remainder of Rep. Jackson Lee’s term. Greg Abbott has the discretion to call that election and set the date for it. I don’t know when that might be – it could be in September, it could be on Election Day. Assuming we have a nominee for November, that person ought to be the clear frontrunner, but strange things can happen. The Trib has more.

Posted in Election 2024 | Tagged , , , , , , , , | 3 Comments

Behold the US High Speed Rail map

May I live long enough to see this happen.

The U.S. High Speed Rail Association (USHSR) published a map outlining its proposal for a new 17,000-mile national high-speed rail network across the United States, which it claims will “cut our carbon footprint by epic proportions.”

Under the plan, which the USHSR proposes to build in four stages, it would be possible to travel between Seattle, Washington; San Diego, California; Miami, Florida; and Boston, Massachusetts, entirely on 220-mile-per-hour high-speed rail lines.

The past few years have seen a renaissance in high-speed rail interest across the United States, following decades of little activity. A number of lines are either proposed or under construction. Integrated high-speed rail networks already exist across much of Western Europe, Japan, and China, which, according to Statista, had a 25,000-mile-long network in 2021.

The first stage of the new network proposed by the USHSR would see construction focused around seven regions, including lines connecting Dallas to San Antonio and Houston, Chicago to Minneapolis and Detroit, and New York City to Washington, D.C.

This stage includes the completion of the California High-Speed Rail, a line already under construction that is intended to run between San Francisco and Los Angeles. It also proposes a line linking Las Vegas, Nevada, to Los Angeles, similar to a line currently being built that will connect Las Vegas to southern California.

Also incorporated into this stage are plans to build a new high-speed rail line connecting Houston and Dallas in Texas, which President Biden endorsed in principle in April but has yet to receive full approval. Planning is also underway on a high-speed rail line linking Dallas to Fort Worth, though details remain vague at this stage.

The second stage of the USHSR’s plan would extend the lines built in the first stage, with the northeast corridor line going all the way up to Boston and Charlotte, North Carolina. The Texas line would be extended to the east and north via New Orleans and Nashville, linking up with the network built in the first stage around Chicago.

[…]

Speaking to Newsweek about the plan, Andy Kunz, CEO of the USHSR, said: “The Obama-Biden Administration set a goal of giving 80 percent of Americans access to high-speed rail within 25 years. Such nationwide access remains our goal.”

The last mention I have of the U.S. High Speed Rail Association is back in 2015. There was a lot of train-based optimism in the early days of the Obama presidency, then there was the 2010 election and pretty much everything came to a screeching halt. I can only imagine where things might be if we had started building some of this stuff 15 years ago, but if I go too far down that rabbit hole I will also start thinking about the Universities line and what could have been here, and I don’t need that kind of black cloud today. Suffice it to say that if the USHSR comes anywhere close to that 25-year goal, it will be a miracle and a wonderful accomplishment.

Two additional notes: One, while there’s a Dallas-San Antonio line proposed for Phase 1 of this project, I’m not aware of any serious effort to make it happen as yet. The idea gets noted in the occasional story, but if there’s an actual entity working on it, it has escaped my notice. And two, building a line from Houston to New Orleans makes at least as much sense as Houston to Dallas. Too far to drive comfortably, yet a hassle to fly, whereas a train ride at that speed would make a day trip very doable. If I’m gonna dream about this stuff, I’ll put that on the list.

On a related note, if we are going to try to build some high speed rail, let’s do it right.

In that context, the NYU researchers argue, now is the time to adopt some best practices. For example: Washington should make sure that all American high-speed rail projects are designed with the same standards and equipment, rather than letting each state or company reinvent the rolling stock. With compatible trains, tracks, and wiring, these nascent projects may one day connect to form a national network. States may be laboratories of democracy, but they do not need to be laboratories of high-speed rail technology.

Otherwise we’ll end up repeating the mistake of railroads in the American South, which in 1886 had to move all their tracks three inches closer together to be linked with the more developed northern network. A more modern-day debacle along those lines is CalTrain, which pursued a signaling system at great expense that was incompatible with the future California High-Speed Rail project, which may one day connect San Francisco to Los Angeles.

Standardization has another benefit. Currently, it’s hard for railroads to buy things like trains in the U.S., since the market is too small to support domestic suppliers. The nation’s various high-speed projects could catalyze a domestic industry by all buying the same stuff.

For that to happen, explains Eric Goldwyn, one of the report’s authors, Washington must take the lead on planning American high-speed rail. No other country has built this infrastructure without a coordinated, national approach that can impose standards, supply funding, and concentrate expertise. “We don’t need more maps. That is not our problem,” Goldwyn says. “What we need is someone who has the power to translate map into steel and concrete—a five- and 10-year plan with funding and someone saying what’s happening.”

National leadership could do other things, too, like spearhead workforce development and university programs to deepen the talent pool for HSR development and operations, and forge connections with companies. Who among us had the chance to take High-Speed Rail Engineering in college?

With a bank of rail experts in Washington and universities churning out grads with relevant skills, individual projects could reduce their reliance on consultants and do more work in-house. (This was also a recommendation of a previous Transit Costs Project study about local mass transit.) To take a related example, for the price of one consultant contract to study whether to put trash in garbage bins or not, you could hire 10 in-house experts for four years to create a culture of trash expertise at the heart of local government.

Finally, the report suggests, the U.S. should reform the way big infrastructure projects get planned and permitted—also a hot topic at the moment for transmission lines, solar farms, and wind farms. Most rail projects in the U.S., for example, spend most of their planning phase trying to overcome federal environmental review, rather than paying attention to non-environmental planning basics like relocating underground utilities and buying land. This winds up costing them later, when they need to study everything all over again, and in some cases change plans entirely.

Similarly, fear of litigation can force infrastructure planners to submit more than a dozen detailed routes for some sections in order to show that they have studied all possible alternatives. Imagine the time and expense of doing that for a home improvement project. Now imagine doing it for 300 miles of trains running at 220 miles per hour.

This is the cited report. There’s only one way to get this stuff, and that’s an all-Democratic federal government. (Well, that and federal court reform too, which again as long as I’m dreaming I may as well include.) The 2024 election is about a lot of important things. This is not high on the list of them. But it’s there, and this is how we get it. Take it from there.

Posted in Planes, Trains, and Automobiles | Tagged , , , , , , , , , , , , , , , | 1 Comment

Weekend link dump for July 21

“Utah’s Republican Governor Spencer Cox has said he won’t vote for Donald Trump in November”.

“Why Abortion Bans Keep Getting Passed, Even Though They’re Unpopular”.

Softball will once again be an Olympic sport in 2028, when the Games are in Los Angeles. The softball games, however, will be in Oklahoma City.

Here’s another story about the abandoned hippos of former Colombian drug lord Pablo Escobar, the havoc they have been wreaking, and the increasingly desperate attempts to control their population.

RIP, Jacoby Jones, former wide receiver for three NFL teams including the Houston Texans and Baltimore Ravens, with whom he won a Super Bowl.

RIP, Ken Hoffman, longtime Houston culture and food writer and radio personality. His “Drive-Thru Gourmet” reviews of fast food offerings were always fun to read. There’s no one in the local media landscape like him. He will be missed.

RIP, James B. Sikking, actor best known for Hill Street Blues and Doogie Howser, MD.

“But Murray lived in an era of Jim Crow and legalized ethnic terror, and “Mother Maria” lived in Nazi-occupied France. If they could find the courage to live and act in hope, rejecting violence and despair, then perhaps so can we.”

“Alec Baldwin Trial Ends On ‘Technicality’ Also Known As ‘Basic Constitutional Rights‘”.

“The Teamsters are sending a shot across the bow, warning that they remain “far apart” in talks with the studios with less than three weeks to go before their contract expires.”

On the plus side, IATSE has ratified a new three-year deal.

“If you can’t take in this nonsense and say, nope, I’m going to head straight to Milwaukee and make the case against this dangerous degenerate, then you just need to resign or get out of the way and make room for someone who can. No complaining, no whining. Act.”

RIP, Joe “Jellybean” Bryant, former NBA player and WNBA coach, father of Kobe Bryant.

That Ingrid Andress National Anthem was pretty wretched, wasn’t it? Didn’t start out all that bad, but I couldn’t listen to it all the way through. Too much secondary embarrassment on her behalf. Anyway, that led me to this list of great National Anthem performances. The 1943 Duke Ellington one was a treat – I loved the snappy tempo (it came in at under a minute!) and the arrangement. I just can’t believe there’s no recordings of Grover Washington doing one of his legendary renditions.

RIP, Bob Newhart, legendary comedian and actor whose classic The Button Down Mind of Bob Newhart album was recorded right here in Houston, at the now-defunct Tidelands club.

Also, Lou Dobbs has died.

“A new proposal to start the women’s [college] basketball season days earlier than the men’s season could amplify the growing spotlight on the women’s game.”

“Vance was one of only eight Republican senators willing to go this hard for menstrual surveillance by state law enforcement agencies. The other 20 signatories are members of the House and a quick review of the names shows they are mostly hardcore Freedom Caucus types. But think about it: even in the House GOP caucus, they could only get 20 people to sign this thing. That’s how extreme it is. But JD Vance signed.”

RIP, Abner Haynes, AFL MVP running back for the Dallas Texans, Kansas City Chiefs, and others. He also overcame an infamous coin toss error in the 1962 AFL Championship Game.

Happy third anniversary to Nowhere Bookshop.

“One emerging theory by investigators, based in part on the timing and subjects of his online searches, is that the shooter was looking to carry out a mass shooting and that the Trump event’s proximity and timing offered the most ready opportunity.”

Congratulations to Brittney and Cherelle Griner on the birth of their son.

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RIP, Rep. Sheila Jackson Lee

Very sad news.

Rep. Sheila Jackson Lee

U.S. Rep. Sheila Jackson Lee, a towering political figure in Houston for decades and one of the longest-serving members in Congress, died Friday. She was 74.

Earlier this year, Jackson Lee had announced that she’d been diagnosed with pancreatic cancer. She had been in remission for over a decade from breast cancer.

Often a gusty public speaker with a driving work ethic, Jackson Lee appeared at countless community meetings, funerals and official and unofficial events in her district each week. But she had curtailed public appearances in recent weeks and looked frail at the few recent events she attended.

“Today, with incredible grief for our loss yet deep gratitude for the life she shared with us, we announce the passing of United States Representative Sheila Jackson Lee of the 18th Congressional District of Texas,” her family wrote in a statement. “A fierce champion of the people, she was affectionately and simply known as ‘Congresswoman’ by her constituents in recognition of her near-ubiquitous presence and service to their daily lives for more than 30 years.”

Jackson Lee was waging a reelection battle in the Democratic stronghold where she was first elected in 1994, cementing her status as a relentless campaigner who logged commanding back-to-back wins.

She became known as a fierce advocate for women and people of color, her House floor speeches and her zeal to use the media to get her message out. Hardly a week went by in which she wasn’t on a local TV station or stepping to the microphone at any number of events or news conferences.

Most recently, she’d lent her support to a federal version of the CROWN Act, aimed at ending discrimination based on hairstyles favored by people of color.

Jackson Lee gained a reputation as a demanding boss who sometimes could be tough on staff, brought to light most recently after a recording of a politically damaging exchange with a low-level staffer surfaced during her unsuccessful mayoral campaign last year.

After her mayoral loss to state Sen. John Whitmire, Jackson Lee changed course and announced she’d run for her congressional seat again. She was poised to secure a 15th term in office this fall after achieving a decisive victory in the March primary against upstart challenger Amanda Edwards.

Former Mayor Sylvester Turner said Friday night that what made Jackson Lee “truly exceptional” was “her uncanny ability to be everywhere, working every day for those who needed a champion.”

“Even if you disagreed with her politics, you had to respect her work ethic,” Turner said. “We can honestly say Sheila Jackson Lee left it all on the field.”

There’s a ton of coverage on this, and I’ll link to some at the end of this post. There are many tributes to Rep. Jackson Lee on social media as well, and most of the ones I’ve seen on Facebook include a photo of her with the person posting about her. That’s who Rep. Jackson Lee was, she was of the district, and she was there for the people she represented. I was running errands yesterday with Audrey, who brought up Rep. Jackson Lee’s death. I told her that she had been my Representative in Congress for almost 30 years, that she worked tirelessly for the district and her constituents, and that it was a little disconcerting for me to think about not having her as my Representative any more.

One of the criticisms you hear sometimes about long-term elected officials – “career politicians”, said with a snarl of contempt – is that they lost touch with the people that elected them. That was the exact opposite of the case with Sheila Jackson Lee. I’ve talked to a lot of people about her and what might happen after we got the news of her cancer diagnosis, and the thing everyone said in our conversations was that she was always there. Community meetings, school events, political rallies and parades and protests and celebrations, funerals and disaster recovery efforts, she was there. Here’s a couple of Twitter posts to illustrate:

Those are all reporters, not political allies. There’s so much more that could be said, and I hope we get a good and proper biography of her in the near future. Speaking as a longtime constituent, she was one of a kind and will truly be missed. Rest in peace, Rep. Sheila Jackson Lee. Here’s additional coverage from the Chron, and the Associated Press, the Trib, Houston Landing, Reform Austin, and the Press have more.

Posted in Election 2024 | Tagged , , , , , | 1 Comment

No more “CenterPointLe$$”

We’ll always have the memes.

No longer seen at I-10 and Sawyer

Drivers passing by the I-10 West freeway will no longer see the “CenterPointLe$$” graffiti tag.

Friday morning, city workers removed the words aimed at the utility company’s response to Beryl — a hurricane that left more than 2 million customers without power last Monday. Mayor John Whitmire’s office did not immediate respond to request for comment.

By midday Friday, CenterPoint Energy’s outage map showed less than 4,000 customers without power, restoring about 99% of its consumers’ power.

Not a word about why it was removed? I mean sure, it was graffiti, in particular graffiti in a dangerous-to-reach place, and the city is correct to want to discourage people from mimicking that (though that didn’t seem to stop the “Be Someone” tag). But did they have to rush? I guess the point was made, and now we move on. Whoever did the original artwork, I salute you.

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Maybe the Texas Lottery Commission shouldn’t be helping to pick winners

Great followup to an earlier bonkers story about guaranteeing a Lottery win.

Last spring, a small group of Texas lottery retailers received word that a single customer wanted to arrange a guaranteed lottery win. No player had matched all six numbers for months, so by mid-April the Lotto Texas jackpot had soared to $95 million. To acquire it, the customer was prepared to spend millions of dollars to buy up every, or nearly every, possible numeric combination in the draw — about 26 million tickets.

The operation should have been apparent to the Texas Lottery Commission, which closely monitors sales. Then-Executive Director Gary Grief later described buying in the days leading up to the April 22, 2023, draw as “through the roof.” Instead of the typical 1-2 million tickets Lotto Texas games sell, it sold more than 28 million.

[…]

Records show the agency first helped the big buyer by jumping to fill several unusual last-minute requests for large orders of extra equipment.

To process millions of tickets in the 72 hours between Lotto draws, the retail outlets behind the operation needed to quickly and dramatically ramp up their operations. Lottery tickets must be purchased and printed on state-issued lottery terminals; most retailers have one or two of the machines.

The outlet owned by an Austin-based company, Lottery.com, hadn’t sold any tickets for months, records show. But on April 19, the day buying for the April 22 Lotto draw began, the company submitted an urgent order to the lottery commission.

“Retailer has requested 10 additional terminals,” the request read, adding: “Will need lots of terminal paper. Install ASAP per CK” — referring to a lottery commission employee. The request was filled, records show.

The same day, a Waco retailer affiliated with Lottery.com, ALTx, filed another rush order. It, too, had sold virtually no tickets in recent months, according to state lottery sales data. Now, correspondence with the lottery commission stated, “Retailer has requested 5 additional terminals ASAP.” Records show the terminals were delivered.

In North Texas, meanwhile, a third retailer owned by a company called Lottery Now also sprang to life. At the beginning of the year, its store outside of Fort Worth had a single lottery terminal. As the big-jackpot game approached, however, it asked the Texas Lottery Commission to help it acquire another dozen ticket terminals, which records show was done.

A Texas Lottery Commission spokesman characterized the last-minute orders and the agency’s response as business as usual: “Retailer requests for additional lottery terminals for the specified period followed the agency’s standard process.”

In its eagerness to help the retailers with their last-minute equipment requests to handle the big operation, the lottery commission also appears to have ignored its own rules.

Because the Austin-area outlet owned by Lottery.com had been idle for so long, it required the lottery commission to reactivate its state-issued retailer license before it could start processing tickets for the April 22 draw.

“We are ready to resume operations,” a Lottery.com representative wrote on April 19 at 9:42 a.m. An agency contact replied seven minutes later: “Your status is now active.”

Yet state regulators appear not to have conducted due diligence. Texas law requires lottery retailers to conduct business other than ticket sales. They also must be open and accessible to the public when processing tickets.

Lottery.com’s Austin operations appear not to have met those requirements during the frantic April 22 operation.

Yet the agency did more than merely observe as one buyer effectively stacked the odds of securing the jackpot, records show. Behind the scenes, the lottery commission actively helped orchestrate a sure-thing win in a state-sponsored game of chance, seemingly ignoring its own rules in the process.

See here for the background, and be sure to read the rest. As the story notes, nothing illegal happened here, but the Lottery Commission (allegedly, they dispute at least some of the allegations in the story) violated their own rules. While it’s possible that they took this course of action because why not, they didn’t think there was any reason not to, it’s not at all hard to imagine some kind of shady, possibly illegal, arrangement at the bottom of it all. I’m sure there’s more investigation going on, perhaps we’ll see something.

In any event, the company at the forefront of this was at best in poor operating condition and a financial risk, with their ability to pay for the tickets in question, which the Lottery Commission seems to have overlooked. It’s honestly a little confusing why the Lottery Commission helped these guys out; I hope that question continues to be pursued. Again, nothing illegal happened here, but other states have seen things like this happen before, and some of them have changed their rules to prevent repeats. Perhaps the Lege should look at that.

I’m also still kind of hung up on the logistics of this all. I mean, 26 million tickets were sold, and if they all had to be printed on those terminals, there had to be a hell of a lot of them working on that to accomplish the task in the short amount of time available. That presumably means a lot of coordination, and likely a small army of people to handle and index the physical output. How exactly did they pull this off? And how hilarious would it have been if they had had to split the jackpot with one or more other winners? I hope we get some more answers in the future.

Posted in Jackpot! | Tagged , , , , , , , | Comments Off on Maybe the Texas Lottery Commission shouldn’t be helping to pick winners

Another class action lawsuit filed against CenterPoint

You’re involved in this one.

Seen at I-10 and Sawyer

Michael Fertitta, son of Rockets owner and Landry’s Inc. CEO Tilman Fertitta, is one of three lawyers representing plaintiffs in a lawsuit against CenterPoint Energy in the wake of Hurricane Beryl.

The lawsuit, which was filed on behalf of all Houston residents who lost power, claimed CenterPoint’s response in the aftermath of Beryl constituted fraud, gross negligence and created a public nuisance. The firm is hoping to get it certified as a class-action lawsuit.

“Despite the frequency of storms, CenterPoint failed to prepare the grid against a predictable weather event and has refused to take accountability for their incompetencies and system’s failure.” the plaintiffs’ original petition stated. “CenterPoint’s grid is one of the most unstable despite being in a hurricane-prone location.”

[…]

The plaintiffs accused CenterPoint of failing to devote adequate resources — both in terms of tree maintenance and available linemen — in preparation for Beryl, which made landfall ten days ago. In some cases, the plaintiff’s claimed the company failed to trim trees overhanging power lines for years.

“Customers have reported that trees on their property have not been trimmed in over five years, despite the fact the trees were touching the wires on their property,” the suit alleged. “Those trees were in prime position to take out power lines, and on July 8, they did so.”

A representative for CenterPoint told the Chronicle that the company does not comment on ongoing litigation.

The company’s communication with customers also plays a central role in the plaintiffs’ allegations. The suit claimed CenterPoint committed fraud by allegedly lying about the number of lineman on standby.

The company’s outage map, which was released shortly after the storm, also misled customers into believing they had power when they did not, the lawsuit alleged.

“Many of its customers received inaccurate, false statements regarding the restoration of power,” the suit stated. “CenterPoint either knew that these representations were false when it made them or it made these representations recklessly.”

Add this to the Buzbee/restaurants lawsuit. I’m sure there will be others.

Here are some questions I would like to see addressed the next time there is a story about one of these lawsuits:

1. What has to happen for this to be certified as a class action lawsuit? What happens if that certification is denied?

2. If the Feritta lawsuit is certified as a class action, what if anything do we the plaintiffs have to do to collect on whatever damages there may be?

3. How likely are any of these lawsuits to succeed? If they win at the district court level, how likely are they to survive the appeals process?

4. How long is it likely to take to get to a resolution?

Not all of these questions have straightforward answers, of course, but some informed speculation based on similar lawsuits from the past would be fine. Right now, I have no idea what to expect. Are all the usual lawyer and law professor media contacts on vacation right now or something? Please send help.

Posted in Hurricane Katrina, Legal matters | Tagged , , , , , , | 7 Comments

In case you’d been nostalgic for Y2K…

Here’s CrowdStrike to remind you what could have been.

A massive IT outage that disturbed Microsoft customers and businesses across the world on Friday caused flight delays and cancellations at Houston airports, led to the temporary closure of Port Houston and forced Texas A&M University to cancel classes.

The far-reaching outages stemmed from a faulty software update for the Texas-based cybersecurity firm, CrowdStrike. It affected users of Microsoft Windows from Sugar Land to Germany to India.

The company said the problem did not stem from a security incident or a cyberattack, though it later warned hackers may try to take advantage of the technical issues.

“The system was sent an update, and that update had a software bug in it, and caused an issue with the Microsoft operating system,” CrowdStrike CEO and President George Kurtz said on the TODAY Show. “And we identified this very quickly, and remediated the issue, and as systems come back online as they’re rebooted, they’re coming up and they’re working.”

Affected users opened their computers to find what’s known as the “blue screen of death,” with a message that read: “It looks like Windows didn’t load correctly.” CrowdStrike boasts nearly 300 of the Fortune 500 companies as customers, and the outage led five airlines to ground all flights for a time.

In Houston, the outages briefly shut down the city’s ports, among the largest in the world, on Friday morning. It affected computers at Houston’s airports, along with operating systems for United and American airlines, leading to flight delays and cancellations.

Harris Health System, the region’s safety net system for poor and uninsured residents, canceled most elective procedures and shuttered outpatient clinics Friday morning. And Texas A&M nixed classes as it dealt with its own effects.

The outage did not affect local 911 operations or Houston police, nor did it hinder CenterPoint Energy, Houston’s electricity provider, as the company continued its effort to restore customers who lost power during Hurricane Beryl 11 days earlier. As of Friday afternoon, the company had reduced the number of customers without power to less than 4,000.

By the afternoon, many systems returned to normal and airlines resumed operations, trying to catch up on schedule interruptions. In the afternoon, Kurtz said the company had mobilized all of its resources to help customers restore service.

For the record, my team uses CrowdStrike quite a bit. It’s a great tool for cyber security. We’re not the ones responsible for fixing it at our workplace, but I spent a bunch of time on conference calls with those who are. Mostly I’m glad it didn’t make any lingering effects from Beryl worse. Hope your Friday wasn’t too badly affected by this.

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Yeah, COVID is still out there

Not the threat it once was, thankfully, but still a threat.

The arrival of summer is once again coinciding with an uptick in COVID-19 infections in Houston.

Infections are on the rise for the fifth summer in a row in the Bayou City, with hospitals reporting an increase in patients with COVID-19 and the viral load in Houston’s wastewater at its highest level in more than five months. Texas is also among seven states where the virus is circulating at “very high” levels, according to the U.S. Centers for Disease Control and Prevention.

The increase is driven by the prevalence of what experts have dubbed the “FLiRT variants,” named for the technical names of their mutations. All of them, including the KP.3 variant that now accounts for 36.9% of infections nationwide, are descendants of the JN.1 variant that was widespread earlier this year.

Experts told the Chronicle that the FLiRT variants appear to be more adept at evading the immunity that someone might have from a COVID-19 vaccine or a prior infection. But the vaccine or an infection should still offer at least some protection, and medications like Paxlovid are still effective at treating an infection caused by the latest variants, experts said.

“People who are vaccinated or (previously) infected still have some degree of immunity,” said Dr. Cesar Arias, the co-director for the Center for Infectious Diseases Research at Houston Methodist. “That’s probably why we see a respiratory illness that tends to be mild in most cases.”

[…]

“We’re not seeing the huge numbers (of hospitalizations) we saw before,” said Catherine Troisi, an epidemiologist at the UTHealth Houston School of Public Health “It’s really a personal assessment of your risk.”

I’ve seen a few people in my circle post about getting COVID in recent weeks, so there’s your anecdotal data. Hadn’t heard many complaints about getting COVID in awhile. I’m up to date on my shots and am ready for the next booster when it comes down. Be careful and do be sure to stay at home till you feel better if you do get sick. Your Local Epidemiologist has more.

Posted in Elsewhere in Houston | Tagged , , , , , | 1 Comment

Another Friday Beryl roundup

Still lots to keep up on, so let’s get to it.

CenterPoint spent $800M on mobile generators. Where are they post-Hurricane Beryl?

Seen at I-10 and Sawyer

Over the last three years, CenterPoint Energy – the company in charge of delivering power to millions of customers in the Houston region – has spent $800 million on 20 massive generators. The hefty price tag was controversial at the time, but state regulators approved it because CenterPoint claimed the generators would keep the lights on during an extended power outage.

Last week, Hurricane Beryl led to massive outages in and around the nation’s fourth-largest city, leaving more than a million people in the dark for days. So, where were those generators?

It turns out that almost none of them were deployed in the wake of Hurricane Beryl, the Chronicle has found – even as some 90,000 people remained in the dark as of Tuesday afternoon.

That’s partly because even though CenterPoint has referred to the equipment as “mobile generation,” the vast majority of it is not actually that mobile. Fifteen of the generators – each with a capacity of 32 megawatts, big enough to power entire neighborhoods – take several days to assemble and cannot be moved without a special permit, which itself can take days to secure.

None of those generators have been put in service since CenterPoint first began renting them in 2021. Indeed, the company told the Chronicle this week that they are “not for rapid response use” and “are not designed to be ‘mobile’,” even though it has repeatedly described them as “mobile” in news releases, regulatory filings and memos to investors.

In Beryl’s wake, CenterPoint has deployed three of its remaining five large generators at a water processing plant and two senior living centers. Each of those is the size of a tractor-trailer and has a capacity of about five megawatts.

“It’s something that we have seen tremendous value from,” said CenterPoint executive Eric Easton in an interview with the Chronicle on Tuesday. He acknowledged that the larger 32-megawatt generators have never been used, but said they serve as a crucial “insurance policy” for even bigger power outages.

Houston-area leaders, consumer advocates and many trade groups disagree. They launched a fierce protest when CenterPoint first asked in 2022 to hike rates to cover the cost of leasing the generators.

But state regulators overruled them, ultimately allowing CenterPoint to recoup the cost of the generators – plus a 6.5% profit. They’ve already added about $1 per month to the average residential customer’s bill, and are expected to hike rates by at least another $3 a month in the coming years, records show.

“The math of these things just doesn’t work,” said Doug Lewin, a Texas energy analyst and publisher of the Texas Energy and Power Newsletter. “There are far better ways to spend money to get resiliency and reliability.”

It’s a long story that I knew little about, so read the rest. One of the more interesting pieces of this was the news that Oncor, a much bigger utility, went a lot smaller in its initial generator investment. This is the sort of thing that the Public Utility Commission and the Lege could reasonably and productively investigate, if they’re actually interested in making things better. Maybe this was a defensible idea that didn’t work out, and maybe it was a total boondoggle that should have been avoided. Either way, there ought to be lessons to learn from it, if we pursue them.

CenterPoint’s $2.3B plan is supposed to protect against extreme weather. Houston is skeptical.

Opposition to CenterPoint Energy’s nearly $2.3 billion “resiliency plan” to shore up its electric transmission and distribution infrastructure against extreme weather and other risks was already brewing among some Houston-area cities and consumer groups before Hurricane Beryl left a record number of the utility’s customers in the dark.

CenterPoint is now facing the ire of politicians and regulators who will investigate if it was underprepared for the Category 1 storm that crippled the company’s power lines and poles in the Houston region. Under pressure to do more to prepare for future storms, questions about whether CenterPoint’s desired investments are prudent have become even more relevant.

The plan, filed with the Public Utility Commission of Texas in April, includes such measures as replacing and upgrading equipment most susceptible to severe weather, elevating substations to avoid flooding damage, wildfire mitigation, moving of certain power lines underground, vegetation management and funding a city of Houston employee who would oversee implementation of power resiliency projects for city facilities.

Katie Coleman, managing partner at the Austin office of O’Melveny, the law firm representing the Texas Industrial Energy Consumers trade group, said her clients are concerned that CenterPoint includes existing projects in the resiliency plan. The trade association filed comments with the PUCT protesting the plan in June.

“It’s stuff that they were going to do anyway and that they should do anyway,” Coleman said.

Under House Bill 2555 passed last year, CenterPoint and other utilities can get approval from the PUCT for a rate increase to recover the costs of resiliency plans before those investments are made and the improvements are in service. In typical rate cases, they can only recover costs already incurred. That structure incentivizes utilities to recategorize existing programs as resiliency measures, Coleman said.

In Beryl’s aftermath, Coleman said she was worried CenterPoint and the PUCT will feel compelled to green-light proposals that could improve storm preparedness and response even a little bit, regardless of cost to consumers.

“What I’m worried is going to happen is, utilities are going to feel pressure to propose all these crazy undergrounding schemes and ridiculous resiliency plans, and then the commission is going to be under pressure to approve it,” Coleman said. “Because if they don’t, next time there’s an event, is it going to be their heads that roll? My concern is that people are going to lose sight of what’s actually effective, not to mention cost-effective.”

See above in re: things the PUC and the Lege could be doing to make things better. Really, the PUC should be feeling some heat here as well, since they approved CenterPoint’s plans. This is what “oversight” is about, y’all. See the Houston Landing story on the same topic for more.

There’s also this: What can state officials do to punish CenterPoint for Beryl failures? Here’s what history tells us.

Hurricane Beryl was not the first storm to test the performance of a Texas utility company after paralyzing much of East Texas’ power grid.

Entergy, the utility company that serves areas north and east of Houston, became so overwhelmed during its response to a rare ice storm in 1997 that municipal employees handled live wires on their own in the company’s absence. It took the company seven days to restore power to 120,000 customers during a week of freezing temperatures.

Not only was Entergy’s emergency response found lacking — much like critics have found CenterPoint’s hurricane response problematic — state regulators discovered that the company had slashed its maintenance spending, enhancing the storm’s natural ability to take down power lines.

“The January 1997 ice storm was certainly a severe storm that would have adversely affected even the best-maintained distribution system,” the state’s Public Utility Commission said in a 1998 order denying Entergy millions in profits it requested. “(Entergy’s) distribution system, however, is not the best-maintained.”

The 26-year-old case shows the rare but not unprecedented mechanism that the state’s regulators can use to hold utility companies accountable for failures when they find them. In the wake of Beryl, it could serve as a model for how the PUC might penalize CenterPoint if it is found to have acted negligently.

CenterPoint’s profits are guaranteed as part of the regulated monopoly it maintains in Houston, where the utility owns the network of electrical poles and wires carrying power into homes and businesses. Yet regulators have demonstrated they have discretion to reduce those profits when a utility fails to provide adequate maintenance and service to its customers.

I agree that could happen. Certainly enough people are mad enough to demand that it happens. Whether it will happen, well, let’s just say I’ll believe it when I see it.

And from the national perspective: Houstonians Are Using EVs to Power Their Houses After Beryl.

After Hurricane Beryl left more than 2 million people without power in Houston last week, Ford CEO Jim Farley noticed something interesting: Hundreds of F-150 owners in the Houston area were suddenly using their trucks to generate electricity.

Ford calls this system Pro Power Onboard, and it’s been marketed mostly as a way to run power tools in the field, in true car-commercial fashion. Let’s say you’re out on some rugged outcropping and you need to jump on your jackhammer for a few minutes. No problem.

But last week, it seemed, Houston-area drivers were suddenly using their cars to pinch-hit for their hapless local electricity provider. It’s a phenomenon that the company first noticed during the 2021 Texas ice storms and saw again last summer, when tornadoes hit Michigan, according to Mike Levine, Ford’s comms director. But the scale of the Houston blackout has coincided with the rise of Ford’s F-150 Lightning. Not only can the company’s massive electric truck put out four times as much power as the older gas-fueled models, but it can do so without noise or pollution for days at a time.

At present, most Houstonians who generate their own current after disasters (the city has seen more than its fair share) do so with diesel generators. But those are loud, dirty, dangerous, and expensive—creating a post-disaster “generator divide” between rich and poor neighborhoods. What if those generators one day yield to a world of electric vehicles, instant power sources at practically every suburban home?

“The use of an EV for disaster response, especially for residences, has been theorized for a long time,” observes Scott Shepard, director of EV research at the Center for Sustainable Energy, a nonprofit research group. After Japan’s earthquake-tsunami disaster in 2011, early electric vehicles played a key role in the recovery. But it has taken a while for EV manufacturers to adopt “bidirectionality,” making it easy to feed car power back to a fridge, a home, or the grid.

At the vanguard here, surprisingly enough, is the familiar yellow school bus. Vermont has purchased a fleet of electric school buses to serve as mobile power sources in the event of a blackout. What’s more, the vehicles can help deliver a little extra juice to the grid in the summer, taking the weight off dirty “peaker plants” called into service on hot days.

“Many people who work in the space have been captivated by that big vision, that electric vehicles will be part of the power grid in the U.S.,” says Jeff Allen, the head of Forth, a Portland-based electric-mobility think tank. Wind and solar power tend to deliver lots of energy on windy and sunny days, but little on still or cloudy days, presenting a challenge for power companies that need to send out essentially the same amount of energy regardless of the weather. “We have a lot of renewables. We need a lot of storage. We’re already paying for it—it’s just they’re on wheels.” Conveniently, these wheeled bundles of energy spend 95 percent of their time parked.

Fascinating, and not something I observed directly; we have a lot of old school generators in my neighborhood. I will just note that both Metro and HISD have both purchased or received funds to purchase electric buses. If any of them were mobilized for the immediate recovery efforts, I’m not aware of it. Maybe this should be a bigger part of our preparation and response for the next time we have a big power outage.

Posted in Hurricane Katrina | Tagged , , , , , , , , , , , , , , , | 4 Comments

Still discussing the HISD bond proposal

There could still be changes, if the Board of Managers decides to do something other than be the usual rubber stamp.

About three weeks before its potential vote, Houston ISD’s Board of Managers held a special meeting Tuesday to question parts of the district’s plans for a $4.4 billion school bond package.

In response to dozens of questions from board members before the meeting, HISD leaders provided further details on the bond development process, the district’s planned career-and-technology education investments, and plans for oversight and community engagement if the bond passes. The board, which was not initially scheduled to meet in July, is expected to vote Aug.8 on whether the bond will appear on the Nov. 5 ballot.

[…]

At the board’s previous meeting in June, members heard from leaders of the school bond Community Advisory Committee, who shared a report outlining more than 20 recommendations that address “challenges, opportunities and questions” with the largest proposed bond in Texas history.

The committee said that the district also should reconsider spending $425 million on new CTE centers and instead plan to invest its resources on renovating or rebuilding existing campuses. During Tuesday’s meeting, multiple board members, including Janette Garza Linder and Cassandra Auzenne Bandy, questioned whether having a center in all four divisions was necessary.

“I’m still trying to wrap my head around the need for four (CTE) facilities,” Auzenne Bandy said. “We have talked a lot about ensuring that our students have access to state-of-the-art equipment, facilities to make sure they’re upskilled for the future. … It seems like we are bearing the burden of maintaining a state-of-the-art CTE facility times four.”

Miles said the new centers, if built, would help increase the number of students in HISD who have easy access to CTE programs that lead to high-wage careers and are prepared for college or career success after graduation.

He said HISD is building three new CTE centers because it’s not financially feasible to develop equitable, quality career programs at all the district’s high schools. The district currently has one career center — the Barbara Jordan Career Center — in the North Division, which would see renovations if the bond is approved.

“We have an obligation to help our students to be in the best position possible once they graduate, whether it’s going to college… (or) whether they pursue the marketplace with the high-skill, high-demand, high-wage jobs,” Miles said. “That is the challenge that we have.”

See here and here for some background. There’s more in this story about “no trust, no bond” and concerns about “co-locating” certain schools, which some people fear is a prelude to closing them. I don’t want to get into all that, I just want to say that I’m increasingly convinced that the CTE proposal is gilding the lily and it should be removed. Part of that is the feeling that the proposal is a back door way of expanding vocational education without having a proper policy discussion, and part of it is the belief that Mike Miles’ spending priorities remain out of whack, at least to me. Whether that will be reflected in the Board’s actions is not clear. They had some “concerns” about the budget as well, but didn’t do anything about it. I’ll keep my expectations low, thanks.

Posted in Election 2024, School days | Tagged , , , , , , , , , | Comments Off on Still discussing the HISD bond proposal

Dispatches from Dallas, July 19 edition

This is a weekly feature produced by my friend Ginger. Let us know what you think.

This week, in news from Dallas-Fort Worth, it’s a grab bag of national, state, and local news. From important matters like reactions to last weekend’s shooting and Texas and the Metroplex showing up at the RNC to the trivial like the arrival of the Michelin Guide, we have something for everybody.

This week’s post was brought to you by the 40 best songs of 2024, according to the New York Times. Their music playlists are better than their opinion writing and their presidential news coverage.

Let’s dive right into things:

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Buzbee draws a crowd of plaintiffs

Apparently, lots of people would like to sue CenterPoint. Can’t really say I’m surprised.

Seen at I-10 and Sawyer

It took a week after Hurricane Beryl swept through Houston for CenterPoint to fully restore the power at Mechelle Tran’s Gulf Coast-inspired resaurant Riel.

She and Ryan Lachaine, the chef-partner of the well-liked neighborhood joint in Montrose, said there was a brief sense of relief Monday when the A/C and kitchen hood clicked on.

“It was like being on pins and needles the entire time,” Tran said. “Then there was also a sense of, ‘Am I going to survive this?’”

When the May derecho shut down Riel for three days, Tran said the restaurant simply “sucked it up” and reopened as soon as they could.

This time around, the financial loss is more significant: a majority of the inventory was thrown out, workers were still being paid even though the restaurant remained dark. On the first day back, they could only serve a limited takeout-only menu.

Houston restaurant operators expect to face severe weather events like Beryl; but keeping a restaurant closed for an extended period of time due to power outages could shut down business for good — especially during the already slow summer months.

Riel joined more than 100 restaurants that are now part of Tony Buzbee’s class-action lawsuit against CenterPoint. They claim CenterPoint’s negligence led to restaurants losing thousands of dollars and could contribute to businesses’ demise. The lawsuit mentions plaintiffs including restaurateurs such as Ben Berg and Hugo Ortega, along with restaurants such as Killen’s and Fung’s Kitchen.

“Nobody is in this to just get money from CenterPoint,” Tran said. “We’re so much at a loss for the dollar that the end goal is to fix a system that’s broken.”

[…]

Buzbee said class-action lawsuits require countless hours of documentation but that restaurants may have a stronger case because successful restaurateurs often “keep track of every penny they’ve lost.”

Houston restaurants of all sizes have signed onto the lawsuit, but it also includes a handful of plaintiffs in Galveston, including Mario’s and Saltwater Grill. Restaurants also tend to be in the spotlight more when it comes to media coverage and social media, he added.

“There has to be some sort of accountability on behalf of CenterPoint or they’re never going to change,” Buzbee said.

The Chronicle reached out to CenterPoint for comment but did not receive a response before publishing this story.

See here for the background. I have nothing but love and respect for the restaurants and their owners, who were absolutely put in a terrible position by the storm and CenterPoint’s response to it. They deserve to be made whole for their losses. Insurance will cover some of that, perhaps quite a bit of it, but I agree that providing some incentive for CenterPoint to do better next time is a good goal. The mechanism by which courts do that is monetary damages, so as far as that goes it is about getting money from CenterPoint. And I wish them well in that regard.

Beyond that, I’m mostly curious about the mechanics and likelihood of success of this lawsuit. I found this overview of class action lawsuits in Texas, which I googled around for because we usually don’t get those, just regular ol’ torts. I’d love to know what some actual lawyers think about this. How good a case does Buzbee have? Please let us know.

Posted in Hurricane Katrina | Tagged , , , , , , , | 8 Comments

Five Texas cities to get into the 2024 Michelin Guide

All of the state’s food media goes crazy.

Buckle up, Texas, we are (finally!) getting a Michelin Guide. The French tire company and prestigious food authority confirmed via press release on Tuesday that Texas will be the newest location featured in its longtime travel guides.

According to the officials, Texas is the newest recipient of the dining honor. Pointing to Tex-Mex, barbecue, seafood and steaks, Michelin reps called Texas an easy choice. In the release, Michelin’s international director Gwendal Poullennec said, “Texas is a perfect fit for the MICHELIN Guide, based on the experiences of our anonymous Inspectors.”

The newest guide is set to be released later this year, with restaurants in Austin, Dallas, Fort Worth, San Antonio and Houston featured.

Michelin is secretive about its process, so it’s not clear if reviewers have already been to Texas, are being sent to Texas, or something in between. When the guide is officially released, expect (even) more tourists and longer reservation times at popular restaurants.

[…]

Though originating in France, Michelin Guides were first adopted by the U.S. in 2005, with New York City the first to be honored with a guide. In time, major cities across the country have been granted their own guides, with Chicago and Washington D.C. joining the ranks. More recent recipients have included Atlanta, Georgia and the entirety of Florida. Houston, and Texas as a whole, had been left out, despite our varied and award-winning restaurants.

Texas has long heard whispers of Michelin reps coming to town, with rumors circulating for years. It’s not like the state is lacking in culinary prowess. In the past few years, Houston has been home to dozens of James Beard Award winners and nominees, and even some of the best chefs in the country. The state has even been praised by social media stars like Keith Lee and Mr. Chime Time.

In a 2022 story for Chron.com, a Michelin representative noted that guides are awarded due to several factors, including “consumer demand, marketing strategy and sales potential.” However, the prestigious awards have largely followed the almighty dollar in its reach across America. The Miami Herald previously reported that local tourism boards in Florida pledged to pay Michelin up to $1.5 million over three years to entice reviewers to the state.

There was a recent CityCast Houston episode about why the Michelin Guide had not come to Houston yet, if you want to dig into the background a little. The DMN adds on.

The French company announced July 16, 2024 that it inked a deal to release a Michelin Guide for Dallas, Fort Worth, Houston, Austin and San Antonio. The news comes after years of speculation that Michelin was considering a move into Texas.

This partnership with Michelin — one of the biggest in the United States — was made with six groups: the visitors’ bureaus in Texas’ five biggest cities, plus Travel Texas, a state-funded entity located within the office of the governor’s economic development and tourism office. Terms of the deal were not disclosed.

[…]

It was Texas’ time, said Dean Fearing. He is commonly referred to as one of the godfathers of Southwestern cuisine. He owns Fearing’s in the Ritz-Carlton in Uptown Dallas, and he’s been a chef in Texas since 1979.

“It is very important for Dallas,” he said. “Finally: We’re going to be able to compete with New York, San Francisco, Chicago and all the other cities that have Michelin.”

He called the news “huge.”

Visit Dallas, one of the entities that partnered with Michelin in North Texas, names “culinary influence” as one of the “five core pillars” of the city. In short, dining is one of Dallasites’ favorite pastimes.

“Culinary tourism and food have always been an important part of who we are as a destination,” said Craig Davis, president and CEO of Visit Dallas, via email.

He’s proud of the partnership between Michelin, Travel Texas and the four other Texas CVBs. The seven entities have been in talks for years.

“This guide provides Dallas visibility on a truly global stage,” Davis said.

The Michelin Guide Texas is expected to be released later in 2024.

Given the vast geography between the five Texas cities, Michelin inspectors have been eating in our restaurants for months, if not longer.

That’s exciting news by most accounts. It’s also worrisome.

“We’re all scared to death,” Fearing said.

Michelin is secretive about its review processes, and it isn’t clear how much of the Michelin Guide Texas is already written. Chefs at some of Dallas-Fort Worth’s best restaurants are already fearing the worst: What if they’ve already been reviewed? Is it too late?

“We’ve gotta be on, because who knows when they will come in?” Fearing said.

That story also notes the amount of money that Florida and other places have paid to get a Guide to their locations. So does this CultureMap story, which considers whether or not this is all worth the fuss.

Bringing the guide to Texas comes at a cost, but we don’t know what it is. For example, Florida paid $150,000 to launch its guide, while California paid $600,000 and Colorado paid $135,000. Michelin declined to comment on what fee, if any, statewide tourism board Travel Texas and local tourism boards in the five cities paid to bring the guide here.

“Contract terms are confidential. Travel Texas is working with Michelin on marketing and promotional efforts only. The agreement enables collaborative work to promote the area’s culinary offerings,” Michelin’s Carly Grieff writes in an email. “The Michelin Guide Texas project came to life thanks to the quality of the state’s culinary scene. The whole credit of this exciting project is the talent of Texas’ restaurant teams who embody culinary innovation. Without them and their exceptional work, it would have been impossible for the Michelin Guide to have the ambition of proposing a first selection of Texas restaurants in 2024.”

As rumors of Michelin’s arrival swirled, a debate has been taking place about whether it will be welcomed. Robb Report explored the topic in a 2023 article.

Aaron Bludorn, the chef-owner of three Houston-area restaurants who held one star as the executive of New York’s Cafe Boulud, told the magazine he wasn’t excited about it. “I grew tired of Michelin,” Bludorn told the magazine. “[There’s] freedom given without Michelin being here.”

“I don’t really see an argument as to why they shouldn’t come,” Dallas chef Casey La Rue said in the article. “Currently, the only reason to travel to Texas, from an outsider’s perspective, would be for barbecue. No one looks at the state or any of the major cities for anything other than that … If we had Michelin stars, then we would be able to get more recognition and [be] more legitimized.”

Others may wonder whether Michelin is relevant for a city with a diverse dining scene that caters to a wide range of price points. Will Michelin get Houston?

Typically, the guide’s highest two and three-star ratings tend to go to very expensive tasting menu establishments. In Houston, that would only include Mediterranean-inspired restaurant March and omakase counters like Neo and Hidden Omakase.

For example, will Tatemó, which has already received national recognition from Food & Wine and the James Beard Awards, earn at least one star for chef Emmanuel Chavez’s innovate, masa-based menu of Mexican cuisine? Or will its humble setting in a Spring Branch strip center and lack of an alcoholic beverage program relegate it to Bib Gourmand or Recommended status?

Will the inspectors make their way along Hillcroft and Long Point and Bellaire to search out Bib-worthy eats at places like Himalaya, Aga’s, Tacos Doña Lena, and Crawfish and Noodles? Or will educated diners citywide be scratching their heads and complaining about all of the places the guide “snubbed?”

I’m a devout casual-dining kind of guy, so this will likely be little more than a curiosity to me. That said, we certainly have a worthy food scene here, and Lord knows after Beryl it could use a jolt of good energy. Here’s hoping this gives the entire industry here a nice boost. Eater Austin, the San Antonio Report, the Dallas Observer, the Austin Chronicle, and the Houston Press all have more.

Posted in Food, glorious food, The great state of Texas | Tagged , , , , , , , , | 2 Comments

Judge orders some Uvalde records to be released

Really hard to believe that this is still a contested issue, but here we are.

The school district and sheriff’s office in Uvalde must release their records and documents related to the Robb Elementary School shooting — including police body camera footage, 911 calls and communications, a Texas district court judge ruled last week.

A group of news organizations including The Texas Tribune sued the city of Uvalde, the Uvalde County Sheriff’s Office and the Uvalde Consolidated Independent School District over access to the records after their open-records requests were repeatedly denied following the May 24, 2022 shooting. Lawyers representing the outlets on Monday announced the ruling from the 38th Judicial District Court of Uvalde County, touting it as a “victory for government transparency.”

[…]

“This ruling is a pivotal step towards ensuring transparency and accountability,” said Laura Prather, a media law attorney with Haynes Boone who represents the news organizations. “The public deserves to know the full details of the response to this tragic event, and the information could be critical in preventing future tragedies.”

The ruling by Judge Sid Harle was dated July 8 and it gives the sheriff’s office and the school district 20 days, or until July 28, to release “all responsive documents.”

A similar ruling from a Travis County state district judge last year ordered the Department of Public Safety to release law enforcement records, however DPS has appealed that order and has not yet released the data related to its investigation. Ninety-one of the agency’s troopers responded to the shooting, which drew a response from nearly 400 law enforcement officials.

See here, here, and here for some background. I assume this will be appealed, as the DPS decision was, which means we won’t actually see any of those records anytime soon. What’s wild to me is that for the most part, we already know a lot about what happened thanks to that Justice Department report earlier this year. What secrets do these organizations still have that they think are worth fighting to keep? I very much hope that someday soon we get to find out.

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Texas blog roundup for the week of July 15

The Texas Progressive Alliance hopes everyone has recovered from Hurricane Beryl and gotten power back as it brings you this week’s roundup.

Continue reading

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Buzbee to file class action lawsuit against CenterPoint

Give the man credit, he knows how to take initiative.

Seen at I-10 and Sawyer

The Buzbee Law Firm, representing a cohort of Houston restaurants, is filing a class action lawsuit against CenterPoint Energy.

Attorney Tony Buzzbee released a statement on social media, stating the case makes claims of CenterPoint’s negligence and violations of the law. All of the restaurants suing lost power during Hurricane Beryl, and they are “fed up,” the statement reads.

The lawsuit will make a case that CenterPoint failed to invest in its infrastructure for years, maintain and upgrade equipment, and adequately train personnel, among other issues. Further, Buzbee asserts, CenterPoint has a monopoly by not giving residents a choice in their energy provider.

“As such, CenterPoint has a duty to act in a reasonable manner, not the grossly negligent and incompetent way it has conducted itself for years. Imagine, if the restaurants filing this case were to conduct their businesses in the way that CenterPoint has done, these restaurants would be out of business,” Buzbee said in his statement.

He states that the case is not about money, but about “forcing CenterPoint in court to do what the administrative, legislative and executive system has failed to require.”

Here’s an earlier version of the story, which includes an embed of the Instagram post. It’s not clear at this time who the plaintiffs are – neither story mentions any – or what laws Buzbee is claiming CenterPoint may have violated. My understanding is that as a utility CenterPoint is a legal monopoly, so forgive me if I’m a little skeptical of this. I can believe there’s a potential winning lawsuit against CenterPoint. I’m not sure this is it, but I Am Not A Lawyer, so take that for what it’s worth. Click2Houston has more.

Posted in Hurricane Katrina, Legal matters | Tagged , , , , , , , | 4 Comments

Paxton appeals Annunciation House ruling

Totally expected, which doesn’t make it any less despicable.

Texas Attorney General Ken Paxton will appeal an El Paso district judge’s ruling that blocked his efforts to close the Annunciation House networks of shelters for migrants crossing the border.

“For too long, Annunciation House has flouted the law and contributed to the worsening illegal immigration crisis at Texas’s border with Mexico,” Paxton said in a news release Monday. “I am appealing this case and will continue to vigorously enforce the law against any NGO engaging in criminal conduct.”

The appeal comes as Paxton has ramped up his efforts to stop Catholic organizations from providing services to migrants.

Ruben Garcia, the founder and executive director of Annunciation House, said the appeal was expected but still disappointing.

“It’s very, very difficult to believe that at the end of the day, this is not all the result of a political perspective,” Garcia told El Paso Matters.

El Paso Bishop Mark Seitz said the U.S. Catholic Church has expressed increasing concerns about efforts in Texas to use the immigration issue to restrict people from exercising their faith.

[…]

In the notice to [District Court Judge Francisco] Dominguez’s court Tuesday, the Attorney General’s Office said it is seeking a direct appeal to the Texas Supreme Court. Ordinarily, a district court ruling in El Paso would first be appealed to the El Paso-based 8th Court of Appeals.

All nine justices on the Texas Supreme Court are Republicans, like Paxton. Dominguez is a Democrat, as are two of the three members of the 8th Court of Appeals.

Earlier this year, three Republican justices on the Texas Court of Criminal Appeals were ousted in the GOP primary after Paxton targeted them for ruling against his office in a 2021 case, where he asserted the power to unilaterally prosecute voter fraud cases.

The Court of Criminal Appeals is Texas’ highest court for criminal cases, while the Supreme Court oversees civil cases.

Garcia said he worries that Paxton’s actions against the Court of Criminal Appeals justices will be on the minds of the Supreme Court when they hear the Annunciation House case.

He said he has “just a lot of concerns to how, little by little, the structures themselves are being aligned to reflect a particular viewpoint.”

The Attorney General’s Office in June sued Catholic Charities of the Rio Grande Valley, the largest providers of migrant services on that part of the border. The suit seeks to depose leaders of Catholic Charities about its services to migrants.

In his El Paso ruling, Dominguez said such efforts are an end-run around constitutional protections requiring that law enforcement prove probable cause that a crime has occurred before attempting to compel evidence in a criminal investigation.

In a response to the lawsuit in the Rio Grande Valley, Catholic Charities’ lawyers made similar arguments.

“This petition represents a fishing expedition into a pond where no one has ever seen fish,” the response to the lawsuit stated.

See here for the previous update. I don’t know what the rules are for bypassing an appellate court, but I do know that Ken Paxton will always seek a friendly audience for his crusades. The Supreme Court of Texas is nowhere as corrupted as SCOTUS or some of the federal district courts that Paxton likes to do business with (a high bar to clear, to be sure), but it has not distinguished itself of late. I have some hope that SCOTx will reject Paxton’s overtures, either directly or after being briefed, but I had hopes for some of the cases that SCOTUS had before them this term too, so keep your expectations in check.

One minor wrinkle of note is that if SCOTx sends this back to an appellate court, that court will be the new 15th Court of Appeals with its Abbott-appointed judges. Which means that whatever happens from here, Paxton won’t have to deal with any Democratic judges again. We should all live as custom-made a life as Ken Paxton does. Texas Public Radio has more.

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PUC launches its CenterPoint investigation

Whatever.

The Public Utility Commission on Monday launched an investigation into CenterPoint’s response to widespread power outages that continue one week after Hurricane Beryl swept through the region, Chairman Thomas Gleeson said.

The commission’s staff will recommend changes CenterPoint can make before the current hurricane season is over, Gleeson said, and it also will report back to Gov. Greg Abbott and legislative leaders in December on potential changes to state law that could help avoid lengthy outages after future storms.

“Part of our mission is to ensure that CenterPoint provides high-quality infrastructure, and I think it’s clear from the events of the past week that the quality of their infrastructure, their ability to maintain that infrastructure, and their communication with their customers has been called into question,” Gleeson said at a news conference with state and local leaders at NRG Arena in Houston.

[…]

Gleeson said he has requested CenterPoint leadership appear again at the commission’s next public meeting, July 25. There are certain areas, such as the company’s communication with its customers, that warrant quicker action, he said.

Others will require legislative fixes. As one example, Gleeson said that other states have allowed utility companies more latitude in trimming and removing trees and other vegetation that could threaten power lines. In Texas, those companies only are allowed to perform such maintenance in the public right-of-way.

See here for some background. It’s not that I think the PUC is off base in what Chair Gleeson has identified. It’s that their track record doesn’t give me any reason to trust them. Plus, this stuff is mostly small ball. I’m sure we could do a better job with tree maintenance, but a lot of the problem, both with Beryl and the derecho, wasn’t about branches that should have been trimmed. It was about entire trees being uprooted and falling onto poles and wires, and utility poles and transmission towers themselves being knocked over. That’s going to require some amount of burying lines, in strategic locations, some amount of replacing existing poles and towers with stronger and more resilient ones, and some amount of better planning and preparedness. All of that will require a big investment, which shouldn’t come out of the hides of CenterPoint customers, and a lot better oversight. Get back to me when the PUC has fixed the grid, and then we can talk about these things.

Posted in Hurricane Katrina | Tagged , , , , , , , , , , | 2 Comments

The last 250K

One full week after Beryl, a lot of people still don’t have power.

Seen at I-10 and Sawyer

CenterPoint Energy has restored power to over 2 million customers as of Monday morning, leaving about 250,000 residents without electricity a week after Hurricane Beryl swept through the Houston area.

The much-maligned utility company released a statement Monday that repairs were ahead of its previously announced schedule, with power on track to return to 98 percent of the 2.2 million affected customers by the end of Wednesday.

CenterPoint officials also have started providing customer outage totals for 12 “service areas.” As of 8 a.m. Monday, the Humble and Bellaire areas have the most households without power, totaling over 60,000 in each area. Other areas dealing with the most outages include Greenspoint, southeastern Houston, and Baytown.

“Our restoration crews are now converging on remaining areas with significant structural damage as well as localized outages to get the lights back on for those customers who are without power,” CenterPoint said in their Sunday night statement.

[…]

CenterPoint responded on Sunday night, saying that the Houston area had not been hit by the “dirty side” of a hurricane since 1983. Company officials also said workers have been restoring power at a faster rate than during Hurricane Ike in 2008.

I mean, I know people who were without power for more than two weeks following Ike. One of them stayed with us until she finally got her power restored. I know people who were still without power as of yesterday. I feel terrible for them, and a little guilty that we were only without power for three days. We’ve all had plenty to say about what could have been done and what should now be done. I just want to say how sorry I am to everyone who’s still suffering in the heat. Every one of you deserved so much better. The Chron and the Atlantic have more.

UPDATE: By Monday evening that unlucky number was down to 142K. Still way too many.

Posted in Hurricane Katrina | Tagged , , , , , | 4 Comments

Now we’re concerned about crypto mining?

So, are we like gonna roll up the red carpet we laid out for these guys a couple of years ago?

Texas is now home to 10 of 34 large Bitcoin mines.

During cold spells or heat waves, Texans are commonly called on to conserve power. For example, in August 2023, the state’s grid operator issued eight conservation requests, asking the public to reduce electricity use to help prevent an emergency in which rolling blackouts could be required. Increasingly, Texas lawmakers are worried that energy-hungry mines will make it harder to keep the lights on across the state.

“They’re going to put our grid at risk because of the power they’re drawing,” said state Sen. José Menéndez, D-San Antonio, at a public hearing on June 12.

For more than six hours, senators on the Business and Commerce Committee pressed grid operators, public utility commissioners and representatives from industries, including manufacturing, oil and gas and cryptocurrency. Chief among legislators’ concerns was the massive growth in energy demand on the state’s main electrical grid, which is estimated to go from a peak demand of about 85,000 megawatts last year to 150,000 megawatts in 2030, according to estimates from the Electric Reliability Council of Texas.

Following the hearing, in a post on social media, Lt. Gov. Dan Patrick declared, “it can’t be the Wild Wild West of data centers and crypto miners crashing our grid and turning the lights off.”

Currently, cryptocurrency mining — mostly for Bitcoin — can draw up to 2,600 megawatts of power from the grid operated by the Electric Reliability Council of Texas, ERCOT’s senior vice president, Woody Rickerson, told senators. That’s about the same amount of power used by the city of Austin, and another 2,600 megawatts of mining is already approved to connect to the grid. Even more Bitcoin mines are expected to come to Texas in the near future.

ERCOT estimates that as much as 43,600 megawatts of additional electricity demand will be added to the grid by 2027 from facilities classified as “Large Flexible Loads” requiring more than 75 megawatts. In a statement to Inside Climate News, ERCOT said, “currently, the crypto mining industry represents the largest share of large flexible loads seeking to interconnect to the ERCOT System.” Data centers for artificial intelligence and facilities for producing hydrogen from water through electrolysis also make up part of the large flexible loads.

To meet the major growth in demand, driven in large part by Bitcoin mining, Texas is turning to natural gas power plants, with taxpayers providing the down payment. In 2023, the Texas Legislature passed a loan program, later approved by voters as ballot Proposition 7, to give low-interest loans to companies to build or expand power plants. At first, the Texas Energy Fund will have $10 billion to award, after receiving more than $39 billion in requests.

One of the companies applying for a loan is Constellation Energy, which owns the Wolf Hollow II power plant in Granbury. Constellation has an agreement with Marathon Digital, allowing Marathon to rent space next to the power plant for Bitcoin mining and purchase power directly from Wolf Hollow II.

Marathon has a capacity to use up to 300 megawatts of power, and Constellation wants to add additional turbines onto Wolf Hollow II capable of generating that much power.

In an application to the Texas Commission on Environmental Quality, Constellation said the power plant expansion would include eight turbines, and it applied for air permits to release more than 796,000 additional tons of carbon dioxide per year. Such massive greenhouse gas emissions have made cryptocurrency mining the focus of intense opposition by climate activists.

The deal between Marathon and Constellation, known as a power purchase agreement, is part of what makes Bitcoin mines major players in the Texas energy market — not simply consumers of power. In most agreements, crypto facilities lock in a relatively low rate to purchase electricity “behind the meter,” so the supply does not enter the ERCOT market. But Bitcoin mining companies can later decide to sell that power to the rest of the grid through the ERCOT market, rather than powering their computers.

For example, Riot Platforms operates two of the largest existing Bitcoin facilities in the world, both located in Texas. The New York Times reported last year that Riot Platforms’ operation in Rockdale was the most power-intensive Bitcoin mining operation in the country, using “about the same amount of electricity as the nearest 300,000 homes.”

One of the facilities has been able to pay as low as 2.5 cents per kilowatt-hour of electricity, while the average price across Texas in 2022 was more than 10 cents.

In August 2023, when energy prices were high amid scorching summer days, Riot Platforms made $24.2 million from reselling power purchased through their private agreements onto the wholesale energy market, almost tripling the $8.6 million the company made that month mining and selling Bitcoin.

“They can game the system in a few different ways for their profit,” said Mandy DeRoche, an attorney at the nonprofit Earthjustice, who has worked on cases involving crypto mines across the country.

Separately, Bitcoin companies can participate in demand response programs, in which the companies allow ERCOT operators to control the energy load of the facility and lower their usage to compensate for sudden outages or periods of high demand elsewhere on the grid. These situations arise most often during extreme weather. Companies get paid a premium by ERCOT for participating in demand response, and they get paid an additional fee each time their energy load is controlled through the program. Riot Platforms made $7.2 million from these programs in August 2023, according to a monthly earnings report.

“Texas has set up a system which allows crypto mining to be significantly advantaged,” said state Sen. Charles Schwertner (R-Georgetown), the chairman of the Business and Commerce Committee.

See here, here, here, and here for some background; that third link covers the energy market arbitrage issue. This Nick Anderson cartoon is a good refresher on the situation. It’s not an accident that we’re surrounded by Bitcoin miners in Texas. We have taken significant steps to lure them here, and they have established a foothold. The Republican solution to ensuring that the grid didn’t collapse into a pile of dust as a result of this was to put up public money for building more natural gas power plants. Are we really changing course here? It’s been the Republicans who were the biggest cheerleaders of this. Forgive my cynicism, but that’s not how this normally works.

On a side note, the story leads off with a report about all the noise that the mines generate and how annoyed people in places like Hunt County are by this. That’s a local and state issue, and people should be yelling at their County Commissioners and State Reps about it, but those lines aren’t always clear, which leads me to note that one Ted Cruz is a big Bitcoin fan. Maybe this is something Colin Allred can bash him over? You never know what might move some votes. Just a thought.

Posted in The great state of Texas | Tagged , , , , , , , , , , , , , , , , , , , | Comments Off on Now we’re concerned about crypto mining?

Federal ban on home distilling ruled unconstitutional

I have somewhat mixed feelings about this.

A federal judge in Texas has ruled that a 156-year-old ban on at-home distilling is unconstitutional, siding with a group that advocates for legalizing the ability of people to produce spirits like whiskey and bourbon for their personal consumption.

U.S. District Judge Mark Pittman, an appointee of Republican former President Donald Trump in Fort Worth, on Wednesday agreed with the Hobby Distillers Association’s lawyers that the longstanding ban exceeded Congress’s taxing power and ran afoul of the U.S. Constitution’s Commerce Clause.

He issued a permanent injunction barring the ban from being enforced against the Hobby Distillers Association’s members but stayed his decision for 14 days so the government could seek a stay at the appellate court level.

Devin Watkins, a lawyer for the Texas-based hobby group at the libertarian think tank Competitive Enterprise Institute, said in an email the ruling “respects the rights of our clients to live under a government of limited powers.”

The U.S. Department of Justice, which defended the law, did not respond to a request for comment.

The hobby group, along with four of its 1,300 members, sued agencies tasked with enforcing the ban in December, arguing the government’s regulatory reach could not extend to activities conducted within their homes.

They filed their lawsuit against agencies including the Alcohol and Tobacco Tax and Trade Bureau (TTB), a division of the U.S. Department of the Treasury that regulates and collects taxes on alcohol, and the Justice Department, which can prosecute felony violations.

[…]

The Justice Department argued the ban was a valid measure designed by Congress to protect the substantial revenue the government raises from taxing distilled spirits by limiting where plants could be located.

But Pittman said the ban, which is incorporated into two separate statutes, was not a valid exercise of Congress’s taxing power as it did not raise revenue and “did nothing more than statutorily ferment a crime.”

“While prohibiting the possession of an at-home still meant to distill beverage alcohol might be convenient to protect tax revenue on spirits, it is not a sufficiently clear corollary to the positive power of laying and collecting taxes,” he wrote.

He said the ban on producing spirits at home likewise could not be sustained under Congress’ power to regulate interstate commerce, saying it did not further a comprehensive interstate market regulation given that there were “many aspects of the alcohol industry that Congress has left untouched.”

This is the first I had heard of this, though I did mention the Hobby Distillers Association and their then-nascent efforts towards legalizing their activities way back in 2014. That Reuters story, which I just stumbled across, is the only mainstream account I’ve seen as of the weekend; all the Google news searches have led to stories on rightwing and obscure-to-me sites. Boing Boing has a decent summary, which notes that this is still a pretty limited ruling, as “federal authorities have the power to seize and forfeit equipment, property, and even land used in illegal distilling operations” even after the ruling, so don’t go crazy just yet.

I favor the principle that people should be able to engage in home distilling. We have legalized home brewing and home winemaking, I don’t see a sufficient distinction between them and home distilling to warrant banning the latter. State laws would need to be updated as well to really allow this activity, and I’d be in favor of that. Let people make their booze at home if they want.

The flip side to this is who was working with the Hobby Distillers Association and what their larger goals are. This Observer story from May gets into that, noting that groups like the Competitive Enterprise Institute and the super-evil Federalist Society had their hands in this case (though not with the Hobby Distillers’ blessing). This bit at the end sums up my ambivalence:

Eric Segall, constitutional law professor at the Georgia State University College of Law, told the Observer he disagrees with the larger goals of the Competitive Enterprise Institute. But Segall said he believes hobby distillers have a strong argument: Home distillation does not appear to be an “economic activity” the government can regulate under the Commerce Clause. “If it goes to the Supreme Court, it’s highly likely that the law will be struck down. … As currently constituted, the Supreme Court will not be sympathetic to this law.”

Since 1937, the Supreme Court has ruled against the federal government’s power to regulate commerce only three times, Segall said. While he doesn’t believe a win for the plaintiffs would damage the Commerce Clause doctrine, Segall says it would be a symbolic political victory for right-wing libertarians.

“The stakes aren’t that high. But it’s always a sunny day for the Federalist Society, if the Court strikes down a law under the Commerce Clause,” Segall said.

Yeah. I’d much rather that Congress pass a law, or amend the existing law, to carve out this exception. Leave the Commerce Clause out of it. It might be a wise move for the Justice Department to let this slide and not appeal it, so as to contain the damage. We’ll see what happens.

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Oh, look, Greg Abbott’s back

Whatever.

Gov. Greg Abbott on Sunday slammed utility CenterPoint Energy, which has yet to restore power for hundreds of thousands of customers in the Houston area, and ordered the company to take steps to improve power reliability.

In his first public appearance since returning from a pre-planned economic development trip to Asia, the governor asked CenterPoint to send his office a detailed plan by the end of the month outlining how it will prepare differently for future hurricanes this season. Abbott said the plan must include better preparation for linemen, increasing the number of workers to restore power and trimming trees that could fall on power lines.

If CenterPoint fails to comply with his request, the governor said he will issue an executive order imposing his own requirements on the company. And he said that if the utility is unable to “fix its ongoing problems,” the state would have to reconsider the breadth of the territory it serves. CenterPoint maintains the wires, poles and electric infrastructure serving more than 2.6 million customers in Texas across the greater Houston area and some coastal communities like Galveston.

“Maybe they have too large of an area for them to be able to manage adequately,” Abbott said. “It’s time to reevaluate whether or not CenterPoint should have such a large territory.”

The governor on Sunday also sent a letter to Thomas Gleeson, chair of the Public Utility Commission of Texas, ordering him to launch an investigation into CenterPoint and deliver a report on its findings by Dec. 1. He said allegations that CenterPoint was “penny-pinching and cutting corners” must be investigated. “Was CenterPoint protecting Texans, or was it protecting its own pocketbook?” Abbott said at the press conference.

[…]

The press conference marked Abbott’s first public briefing since the storm made landfall in Matagorda County on Monday. The governor spent the past week visiting politicians and business leaders in South Korea, Taiwan and Japan. Patrick acted as governor while Abbott was abroad, requesting a disaster declaration from President Joe Biden and holding briefings throughout southeast Texas in the aftermath of the storm.

Abbott emphasized that lawmakers will work together to craft laws during the next legislative session to improve power reliability but that action must be taken now since more hurricanes could be looming. Hurricane season runs from June 1 to Nov. 30 and federal forecasters predict the highest number of storms ever for the 2024 season.

Abbott asked that CenterPoint remove vegetation around power lines no later than Aug. 31. CenterPoint officials said during a meeting before the PUC this week that damaged trees were a leading cause of infrastructure damage and outages after Beryl.

Abbott also cited reports that CenterPoint may have been “caught off guard” by Beryl’s magnitude and the level of devastation it caused in Houston. The storm was originally forecast to have the greatest impact in South Texas but it turned northeastward and ended up hitting areas further north.

By the end of the month, the company must specify how they will pre-stage sufficient workers to immediately respond to future power outages, Abbott said.

I’m not going to pretend to have anything resembling respect for Greg Abbott, so feel free to discount what I’m about to say by whatever amount you want. My first reaction is just to wonder what exactly happens if Abbott scales back CenterPoint’s territory. What does that even mean? What provider would take over? Would they inherit the same equipment that CenterPoint now uses or would they have to install their own? How would customers’ billing get switched over? I’m sure CenterPoint will take this threat seriously, but I’m at a loss to understand how it could be carried out.

As far as the specific actions Abbott mentioned, I don’t have any quarrel with them, but is CenterPoint expected to pay for them all out of their own cash flow, or can they pass those costs along to us? How will we even know if they do that? And again, what exactly are the consequences for not meeting the deadlines? That goes back to my first set of questions, because I have no idea who the understudy is for CenterPoint. Are we even sure they’d be better than what we have now?

Finally, as far as the future legislative agenda is concerned, that too is what I would want to see happen, I just don’t have any trust that our Legislature is up to the task. We were promised a lot of things after the freeze of 2021, and I don’t think anyone can say with a straight face that the grid is better positioned now than it was three years ago.

Chron business columnist Chris Tomlinson puts it this way.

CenterPoint is a $19 billion, for-profit corporation granted a monopoly over a hundred years ago to manage and maintain the transmission and distribution of electricity across the Houston region. This regulated utility failed to deliver power to 85% of its customers during the height of a mild hurricane.

In a perfect world, the Public Utility Commission would have ensured CenterPoint maintained a grid resilient enough to withstand a stronger storm. Instead, elected officials are asking the wrong questions about the emergency response.

“I’ll tell you whether I’m satisfied or not when I have a full report of where their crews were, when they were asked to come in and how quickly they get power back. That will be the tale of the tape.” Patrick said earlier this week.

Wrong. The important question is, why did so many CenterPoint powerlines and poles snap so easily? Why wasn’t the grid built stronger, and why wasn’t vegetation cut away? These are CenterPoint’s primary responsibilities for which they receive a guaranteed profit from customer bills, and they didn’t fulfill them.

CenterPoint officials have stammered their responses.

“What we’ve seen now is more impact than what we originally thought that we were going to see,” Alyssia Oshodi, CenterPoint director of communications, told KHOU television.

CenterPoint had plenty of warnings. So is the problem shoddy maintenance work by CenterPoint subcontractors after the company trimmed 700 employees since 2020 to boost profits? Did the company cheap out on materials and engineering standards? Does the company believe blacking out 85% of its customers in a Category 1 hurricane is acceptable?

Is the PUC allowing CenterPoint and other corporations to put profits ahead of people?

I suspect the answer is yes to all of these questions because that’s what happens when one political party runs the show for 26 years. Politicians get lazy when they think voters won’t hold them accountable. Incumbents prioritize making powerful corporations happy, a problem true of all political parties.

Investigative journalists are digging, but only someone with subpoena power can get to the emails, memos and data inside CenterPoint headquarters in Houston.

An attentive attorney general would have already sent a letter demanding the company preserve records. But Texas’ top law enforcement officer, Ken Paxton, is too busy sending fundraising emails promising vengeance on his enemies.

Following the 2021 blackouts, Abbott promised an investigation and corrective action to fix the state’s primary electric grid. He proclaimed the problem solved that summer. Yet, within weeks, the Electric Reliability Council of Texas began declaring a series of emergencies, warning of possible blackouts. The grid is still broken.

Patrick and Paxton promised to investigate why the energy system failed during Winter Storm Uri. Those inquiries have yet to yield results, with lawmakers too busy defending oil and gas campaign donors who pocketed tens of billions of dollars in profit from Texans’ suffering.

The point is that Abbott, and the Public Utility Commission that he appoints that oversees CenterPoint, could have been asking these questions and taking these actions and demanding these results before Beryl blew through. But they didn’t, so now he’s out there throwing his weight around. The operational failures are CenterPoint’s, but the oversight failures are theirs. So color me skeptical that Abbott et al are going to do a better job of it now. Houston Landing has more.

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Galveston’s recovery

I wish them well.

Gaido’s, like most businesses in Galveston, is hoping for a swift return to normalcy after Hurricane Beryl knocked out power across much of the island during the region’s peak economic season. Five days after landfall, many stores, bars and restaurants had begun to open their doors again, waiting for customers who have been slow to trickle in in the aftermath of the Category 1 storm.

While other restaurants are eagerly open for business, Gaido’s has not yet been so lucky. The Galveston mainstay, as with about 28,000 other homes and businesses in the county, still did not have power as of Friday afternoon, according to the City of Galveston.

“All we can do is try to find the silver lining each day, work on some extra details and cleaning we don’t get to do on a daily basis and try to get hours to our team that need to put food on the table,” Gaido said. “But yeah, we’re eager, we’re ready to be open and as soon as we get power, we’re going to be rocking and rolling.”

The recovery has proceeded at different paces for various residents and business owners, even within the same neighborhood. In downtown Galveston, Conex Coffee Company served a steady stream of customers all week while employees at Yaga’s Cafe hustled to open the restaurant for dinner on Friday evening, after getting power back the night before.

[…]

Like most Galveston residents, business owners agree that the occasional hurricane is the cost of living and doing business on the island. Losing a week’s worth of business in the middle of beach season, when tourist activity is the highest, however, still stings.

Mike Dean, the owner of Yaga’s Cafe on the Strand, estimates that he lost out on about $100,000 in business being closed since Monday. After nearly four decades in Galveston, though, he’s optimistic that Yaga’s and other businesses will come out the other side. The restaurant survived an 18-month closure in 2005 after Hurricane Rita knocked down an entire wall of the building.

“I believe in the people that are around me and the people that work for me. We’re going to figure it out,” Dean said. “If the tourists don’t come, we’ll just have to tighten our budgets and change our expectations, because storm season’s not over. We’ll be cautious, be careful, promote our events and knuckle our way through.”

Gina Spagnola, the CEO of the Galveston Regional Chamber of Commerce, admits that the prospect of another hurricane — after Beryl arrived so early in the season — “keeps (her) up at night.” She said, however, that it’s crucial for people to understand that Galveston is open for business. The Port of Galveston opened to cruise and cargo ships on Tuesday, and city services are back up and running.

Spagnola encouraged Houston-area residents to make use of Galveston’s public beaches as a way to escape the heat.

“Our businesses can’t continue another week or two (without customers),” Spagnola said. “We want those visitors to come down here and to shop here and eat here because that will be the biggest boost back in our ability to recover.”

It’s always hard on small businesses after an event like Beryl, but at least in Houston those businesses mostly depend on a local customer base. Galveston is much more dependent on visitors, and most people aren’t thinking about weekend getaways right now. If that’s in the realm of possibility for you, I’m sure they’d love to have you come down.

UPDATE: The Houston Landing has a story on the same topic this morning.

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Please chainsaw responsibly

From the “Things That Shouldn’t Need To Be Said But Really Really Are” department:

Maybe leave it to an expert

People in the Houston area eager to dig out of the damage wrought by Hurricane Beryl already have a list of challenges facing them: near-record heat, humidity, lack of power or internet and obstacles on or near roadways that were in the storm’s path.

Safety experts are asking people with uprooted or damaged trees to avoid adding to that list by knowing the ins and outs of a subject especially important in the aftermath of a storm: chainsaw safety.

“We know how dangerous they can be. And it is something that should be not taken lightly: using a chainsaw,” Jordan Herrin, the regional forester for Texas A&M Forest Service, told the Texas Newsroom. “Know your limits, know your skill level, and do what’s safe. There’s so much that can be unsafe after a major disaster like a hurricane.”

As crews of professionals are working steadily to clear roadways and repair power lines, some do-it-yourself Texans are taking to their own yards to clean up whatever debris they can. Herrin said sometimes there can be more than meets the eye when taking on that task.

“Trees, vegetation [and] you mix in power lines – they all get put into really, weird binds,” he said. “And so, it doesn’t normally act like just cutting down a tree or maybe cutting up some branches. There are new forces at play.”

Tens of thousands of people are injured using chainsaws every year, and the risk tends to increase after natural disasters, according to the Centers for Disease Control and Prevention. The total includes 36,000 people per year who require a chainsaw-related visit to the emergency room.

Herrin urges Texans intent on cleaning up what they can to heed advice from the forest service, whose websites includes a rundown of safety tips for new and experienced users. Tips include everything from wearing protective gear to having a pre-planned escape route clear in case of an emergency. People should also keep in mind that not all yards and trees are the same.

“Just because your neighbors were able to easily remove a tree doesn’t mean you are,” he said. “Just thinking before you act is probably the single best step that you can take right now.”

Back in college I remember hearing a fellow student, a jock type from a small rural town, tell of a little chainsaw incident he was involved in that resulted in an injury to his arm. His response was to hop in his pickup truck and drive to the hair salon his mom owned to ask her for assistance. My naive New York-raised brain doesn’t remember how it all ended, but he obviously lived to tell the tale and still had both his arms attached, albeit with a visible scar on one of them, so it all worked out in the end. Maybe try to avoid putting yourself in a similar situation, that’s the lesson I’m taking from this.

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Weekend link dump for July 14

There’s a bunch of active MLB players who have or are making a case for the Hall of Fame.

“But AI is creeping into television more and more – and it could come at a major cost to the industry. Though the WGA and Sag-Aftra made a lot of noise about AI’s job-stealing potential in last year’s Hollywood strikes, a recent report by CVL Economics says it’s still likely that 203,800 American entertainment jobs will be “disrupted” by AI by 2026. This makes the technology a frightening agent of change for television, and the entertainment industry at large.”

“The highest camp on the world’s tallest mountain is littered with garbage that is going to take years to clean up, according to a Sherpa who led a team that worked to clear trash and dig up dead bodies frozen for years near Mount Everest’s peak.”

RIP, Jon Landau, Oscar-winning movie producer of Titanic and both Avatar films, among others.

RIP, Joe Egan, co-founder of Stealer’s Wheel who co-wrote and sang lead on “Stuck In the Middle With You”.

“Hurley Was Meant to Be an Entirely Different Character on ‘Lost'”.

“I’m talking about the Summer of the Shark.”

“Baseball trading cards worth $2 million allegedly stolen from Dallas card show”.

RIP, Shelley Duvall, iconic actor best known for The Shining and multiple Robert Altman movies, also an Emmy-nominated producer and owner of a production company.

RIP, Benji Gregory, former child actor best known for ALF.

RIP, Carol Bongiovi, mother of Jon Bon Jovi and founder of his fan club.

“Just a reminder: we are talking about Bridgerton fans. People watching a show full of sparkly dresses, dance cards and Coldplay on violin. What on earth is it about the show that evokes so much rage, particularly towards the actors of colour?”

Except you, Harrison Butker. We don’t need you.”

“Rudy Giuliani is no longer entitled to bankruptcy protection, a judge decided Friday, making it possible for creditors to immediately pursue his assets within days.”

RIP, Dr. Ruth Westheimer, sex expert, radio and TV host, author, cultural icon, all around mensch. I learned yesterday that she was in attendance at my high school graduation, as she was friends with the family of one of my classmates. I got that via the feed of another classmate who interned on her WYNY radio show in the 80s.

RIP, Richard Simmons, fitness guru, television personality, also a cultural icon.

RIP, Shannen Doherty, actor best known for Beverly Hills 90210 and Charmed.

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New accusations of sexual harassment in the Texas Senate

A followup to a story from seven years ago. Sadly but not surprisingly, very little has changed since then.

Texas senators were silent on Friday in the face of fresh allegations of sexual harassment revealed in in a Texas Monthly investigation.

The reporting focuses on the culture in the upper chamber in the post #MeToo era, examining how rules meant to protect people from sexual harassment go unenforced.

Notably, the story cited an interview from an unnamed University of Texas at Austin student, who in 2018 complained that state Rep. Charles Schwertner, R-Georgetown, sent her inappropriate texts through an encrypted messenger app, including a photo of his penis he called “proof of life.”

Schwertner told investigators at the time that someone had used his phone and he did not send the photos. A University of Texas investigation did not clear him of wrongdoing but could not definitively prove that he sent the message from his own phone.

Schwertner, who was arrested on suspicion of driving drunk last year, has been restored to good standing in the Senate where he chairs a committee and is a close ally of Lt. Gov. Dan Patrick.

“It was just frustrating because all these people are saying he’s such a good guy, he’s a family man,” the woman told Texas Monthly. “There’s data evidence and there’s time stamps and there’s IP addresses” on the messages. “How is this still happening?”

The story also reports a new allegation from an unnamed Senate staffer who said Schwertner followed her to a break room, hugged her and grabbed her butt. The staffer said he also asked her to connect with him on an encrypted messenger app.

Schwertner and his office did not respond to requests for comment.

The article surfaces a new allegation against Sen. Borris Miles, D-Houston, who was previously charged in an incident where he pulled a gun at a party where he allegedly kissed a woman against her will. He was acquitted, but sued by the woman, resulting in a settlement.

Tayhlor Coleman, a Houston-based political consultant, said Miles touched her inappropriately when they greeted each other at a party in 2016.

“He specifically grabbed me in for a hug, slid his hand down, and palmed my butt,” she told the magazine.

Miles and his office did not respond to a request for comment.

In a statement to the Tribune, Patrick, who serves as the president of the Senate, pushed back against characterizations within the Texas Monthly story that the Senate workplace culture and policies allow sexual harassment to continue with little protections for victims.

“Texas Monthly has falsely maligned me and the nearly 75 different senators I have proudly served with as a Senator and as lieutenant governor. The members and I take this issue very seriously,” Patrick said. “Harassment of any type is not tolerated on my own staff. Each of my staff, including myself, has taken sexual harassment prevention training, as have Senators and their staffs.”

The office of Sen. Lois Kolkhorst, R-Brenham, did not respond to requests for comment. Kolkhorst oversaw changes to the Senate’s sexual harassment policy following a round of accusations about Texas lawmakers in 2017.

“The Senate’s policy is robust and offers multiple avenues for victims to report sexual harassment without fear of retaliation while providing a fair and just process for those accused,” Patrick said.

I write about the Schwertner story multiple times in 2018; see here, here, and here for a sample. Before that was the first story about sexual harassment at the Legislature, which generated a lot of talk and eventually some updated policies, with the House taking the lead and the Senate grudgingly following along. And then, after the Schwertner story, we mostly forgot about it all, though as this story notes the 2023 expulsion of super creep Bryan Slaton by the House was in part a result of those updated policies.

You need to read the Texas Monthly story, either via subscription or it being your first click on one of their stories in whatever time period you have to wait since the last time you clicked and got a freebie, to get the full details. The Trib story at least gives you the gist of it. I hope this article will generate more reporting. In the meantime, let me leave you with a couple of tweets from author Olivia Messer.

As I said, I hope there’s more reporting. Because Lord knows, there’s plenty more to the story.

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At least the bayous did well

This is a good news/bad news situation.

Houston’s bayous performed well during Hurricane Beryl on Monday, but the storm tested the limits on how much water the system can handle, Harris County meteorologist Jeff Lindner said.

The area was aided by a hot and dry spell prior to Monday, which made the ground dry enough to help absorb some water, Lindner said Tuesday. The speed at which Hurricane Beryl moved also helped limit the damage, he added.

“A slower moving storm would’ve produced more rainfall, and a greater amount of rainfall, we would have likely had additional amounts of flooding,” Lindner said. “We were kind of right at that eight to 10 inches, which is reaching the capacity of a lot of what we can handle.”

Areas that did experience some flooding were those where it was expected, such as along Clear Creek and Brays Bayou, and high water at White Oak and Buffalo Bayous. Still, he said, that was considered minor flooding with limited damage to homes.

“When I started this 20 years ago, a foot of rain or eight inches of rain would have caused hundreds of homes to flood,” Lindner said. “Our bayous and creeks did really well.”

Plenty of work has gone into widening some of the bayous and building out further flood control infrastructure. Lindner said infrastructure improvements approved by voters after Hurricane Harvey are having a positive effect in the face of these storms, and maintenance efforts to clean up after May’s derecho storm were vital to having the area’s flood mitigation infrastructure ready for Beryl.

The next storm may not be as kind, he cautioned.

“Everything has a limit. This time, our limit did pretty well,” Lindner said. “A lot of things helped us yesterday.”

Despite more rain and thunderstorms on the horizon, officials said there was “no concern” of additional flooding this week. Those storms would be typical afternoon rain showers and thunderstorms with no expectation of widespread heavy rainfall.

Jim Blackburn, co-director of the Severe Storm Prediction, Education and Evacuation from Disaster Center at Rice University, cautioned the good tidings may not last long.

“The real issue is (the bayous) performed well, but the rainfall amounts were nowhere near what we anticipate with storms that are yet to come,” Blackburn said. “If we’d had another three or four inches, we would have had extremely widespread flooding.

Good news: We didn’t flood! The work we’ve done since Hurricane Harvey helped! The cleanup we did after the derecho also helped!

Bad news: It would not have taken much to have added widespread flooding to the misery we’re now experiencing. Climate change increases the risk that the next time will be worse. We can’t depend on what has happened in the past as a guide for the future.

So yeah. Take the win where you can. But don’t rest on your laurels. We have work to do to help minimize the risk of that next storm, which we all know is coming.

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San Antonio gets BRT (*) funds

At least someone is moving forward with a big transit project.

U.S. Rep. Henry Cuellar, whose 28th district stretches from Laredo to South and East San Antonio, has secured $110 million in federal funding for VIA’s first rapid transit route.

The money comes from the House Committee on Transportation and Infrastructure’s fiscal 2025 appropriations bill, according to details released by Cuellar, a Democrat indicted in May on federal corruption charges.

“Quality transportation infrastructure is key to growth and a high quality of life in our community,” Cuellar said in a statement. “I secured these federal dollars to ensure my constituents in the Southside have reliable transportation to and from San Antonio’s key destinations, including San Antonio International Airport and VIA Metro Center. Ultimately, VIA’s North/South Corridor Project will help keep San Antonio connected.”

VIA’s proposed Green Line will be the transit authority’s first Advanced Rapid Transit system. The 12-mile route will begin at San Antonio International Airport and ferry passengers down San Pedro Avenue, through the heart of downtown, along Southtown’s St Mary’s Street and into the South Side.

The line will feature 26 new stations along with specially designed buses that travel down a dedicated center lane. Planners hope adding the special lane will alleviate traffic congestion while improving travel time and efficiency.

Construction on the $446.3 million project is expected to begin early next year, with the route expected to be up and running sometime in 2027, VIA Senior Vice President of Engagement Jon Gary Herrera previously told the Current.

San Pedro is a main north-south route, and this route will run from the airport through some commercial and residential areas and into downtown. It’ll be walking distance from the Trinity campus, which is especially cool as far as I’m concerned. It’s the first line of its kind so it won’t be connecting to anything but regular bus service – the way San Antonio is, I’m not sure what a good connecting line would look like, but who knows – but you have to start somewhere. Well, so I’ve heard, anyway. We would hardly know here in Houston. Not that I’m jealous or anything.

(*) The story calls this “Advanced Rapid Transit”, or “ART”, which from the description sounds similar to BRT but is probably just regular buses in dedicated lanes. Not clear, it doesn’t get into the details. Point is, it’s s step up from regular bus service, it’s getting federal funds, and it’s not being built here. Close enough.

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Saturday Beryl roundup

We need better outage data.

Courtesy of Whisker Labs

Meanwhile, the system that once fed CenterPoint’s map – which has quietly continued to report data under the hood of the utility’s website – became overwhelmed almost immediately after Beryl reached the greater Houston area.

It glitched for hours through Monday afternoon. The utility waited an additional 24 hours before posting a new outage-tracking map online. And that map came with a disclaimer warning about potential inaccuracies and lags.

“With the tool not functioning as it should, we worked to provide a short-term solution during the multi-day event,” said Logan Anderson, a CenterPoint spokesperson, in an email. “We recognize the inconvenience to our customers.”

New data made available by a Maryland-based technology company shows what the CenterPoint system should have been reporting all along. A wave of blackouts kept more than 60% of Harris County’s CenterPoint customers in the dark for over 24 hours. Restoration efforts progressed slowly, leaving over 865,000 customers still without power at 5 p.m. Thursday.

The company, Whisker Labs, is not a utility. It develops fire-prevention sensors. Yet, Whisker Labs’ technology proved more reliable in measuring power loss than CenterPoint’s specialized outage tracking systems.

“It’s shockingly bad how much the utilities actually know about their grid,” said Bob Marshall, the CEO and a co-founder of Whisker Labs. “They don’t have the technology, the sensors and the capability to understand what’s going on in real time, and to do it in a reliable way.”

[…]

CenterPoint’s internal system recorded a surge of outages in Harris County early Monday morning, as the deadly storm barreled from the coastal town of Matagorda north toward Sugar Land.

But when Beryl reached Interstate 10, the system suddenly malfunctioned, recording a dramatic – and erroneous – drop in Harris County’s outages.

The drop was compensated by an equally abrupt spike in outage reports with no location data.

“At the peak of the outages, somewhere around 2.2 to 2.3 million (CenterPoint) meters were out,” said Matt Hope, the co-founder of FindEnergy, a website that aggregates energy and solar data nationwide. “Over a million of those were falling into this unknown category.”

FindEnergy collected data from CenterPoint’s internal system in real time during the storm and shared it with the Chronicle.

The system’s technical glitches persisted throughout the day Monday. Nearly 600,000 reported outages were still missing location information at 9 p.m. that day.

As customers grew frustrated with CenterPoint’s communication lags and slow restoration times, Whisker Labs sensors funneled millions of data points into the company’s servers.

The sensors are everywhere in Harris County, said co-founder Marshall. That’s partly because the company partners with insurance companies to offer the small plug-in devices free of charge to homeowners.

In Harris County, Marshall estimated there are about 7,200 devices. Each device collects about 30 million electric signals every second, immediately alerting homeowners of impending electrical hazards and – most notably, this week – power outages.

The company’s sensor data was strikingly consistent with CenterPoint’s outage reports Monday morning. And, as the utility’s system malfunctioned, Whisker Labs sensors continued to record outages uninterrupted. The sensors also picked up on outages up to an hour faster than CenterPoint at the peak of the power loss.

There’s more, so read the rest. If we want CenterPoint to do a better job, this is a clear opportunity for improvement. It’s also exactly the sort of thing that could be mandated and assisted legislatively, at either the state or federal level.

Meanwhile, in other things that need to be fixed.

CenterPoint was still fixing damage caused by the May wind storm known as a “derecho” and by another damaging storm on May 28 when Beryl hit, Jason Ryan, CenterPoint’s executive vice president of regulatory services and government affairs, said in a July 1 interview. He estimated that CenterPoint would pay between $425 million and $475 million to repair poles, wires and transmission lines damaged during the two May storms.

Insurance does not cover damage to electrical poles, wires and transmission lines, and the cost for repairing damage from extraordinary events such as derechos and hurricanes is funded by bond offerings that are approved by the PUC and repaid through added charges on consumer bills.

“You’re looking at significantly less than $1 a month impact on customer bills, even though the number sounds very large,” Ryan said of the estimate. “Obviously, we won’t know until we get the final number, go through the process at the (Public Utility Commission) for them to review those costs and then approve or not the securitization.”

CenterPoint’s costs associated with the recovery from Hurricane Ike was $663 million, which added a $1.83 charge to customers’ bills between 2009 and 2022.

And this is an opportunity to talk about what sort of thing we should be doing to ensure that the new equipment is more resilient than the broken equipment. We already learned some things after Hurricane Ike, and the state of Florida has figured a lot of this out, too. How are we doing on that score? What could we be doing more of? What should we stop doing? If we’re not acting on this now, we’ll be facing the same questions when the next big storm comes through.

“Just bury the power lines!” I hear you cry. Sure, we can do that. There’s an obvious downside to that, which is that it’s way more expensive.

Burying distribution power lines en masse would cost three to five times more than putting lines overhead, Race said. That cost, he added, ultimately would fall to electricity customers.

Of the eight proposed grid-strengthening measures CenterPoint presents in its resiliency plan, undergrounding was considered as an alternative for three of them. Each of those three times, however, it was dismissed as cost prohibitive.

Additionally, Cohan said, underground line repairs often are more expensive and time consuming than overhead line fixes.

He also cautioned that the large-scale burial of power lines is unlikely to prevent widespread outages.

Burying power lines in every Houston neighborhood, Hundley’s email said, may not be possible.

“Because many neighborhoods in Houston are over 100 years old, the streets and yards are not designed to support underground distribution lines,” she wrote.

While burying power lines across the board may not be feasible, experts say it could be part of a larger grid-strengthening solution.

Grid resilience, Race said, must be discussed in a holistic way.

He suggested that burying lines in strategically identified areas could work in tandem with other steps toward increasing resiliency.

Cohan agreed.

“There may be specific instances where it makes sense to bury a power line,” Cohan said. “But with tens of thousands of miles of distribution lines criss-crossing our region, it’s not likely that we’re going to have a full-scale burying of power lines that’s going to be anywhere near as cost effective as other steps that might be taken.”

Other steps toward increasing grid resiliency, Race said, could include incorporating more backup power sources and better communication systems when preparing for major weather events. Trimming and better maintaining trees and greenery near power lines also could help.

Have I mentioned that this is the sort of thing that can be legislatively mandated, and also funded? We’re spending billions of taxpayer dollars to fund the construction of more natural gas power plants. We could spend a few bucks helping strengthen the distribution part of the grid as well.

You may be thinking “screw this, I’m just gonna get an generator for the next time”. Well, just use it carefully if you do.

An abnormally high number of patients have sought care for carbon monoxide poisoning this week in the Houston area, health officials and doctors said Thursday, as Hurricane Beryl knocked out power for millions and left many relying on portable generators.

“I think we’re on record pace here unfortunately,” said Dr. Joseph Nevarez, a UTHealth Houston professor and director of hyperbaric medicine and wound care at Memorial Hermann — Texas Medical Center.

Hurricane Beryl on Monday knocked out power for more than 2 million households, 1 million of whom still do not have power as of Thursday. Since the storm swept through Houston, four to eight patients per day have needed to use Memorial Hermann’s hyperbaric chamber, which delivers pure, pressurized oxygen and is usually reserved for the most severe cases of carbon monoxide poisoning, Nevarez said. Other patients have needed lower levels of care in the hospital’s emergency room.

The problem has further strained busy Houston emergency rooms and illustrated what health professionals say is a lack of education about an increasingly popular piece of machinery in the storm-stricken region.

While the number of carbon monoxide poisoning complaints usually increase with power outages, the Houston Health Department said the current volume stands out. Surveillance from medical facilities in Harris, Montgomery and Fort Bend counties found 116 carbon monoxide-related visits from midnight Monday to 10:45 a.m. Thursday, according to data provided by the health department.

“The Houston Health Department has not seen it spike so high as it did the past couple of days,” including the during the May derecho and Winter Storm Uri in 2021, said health department spokesman Porfirio Villarreal.

[…]

A common mistake, [Dr. David Persse, Houston’s chief medical officer] said, is placing the generator in the garage and cracking the garage door. That doesn’t provide enough ventilation, he said. People may also place the generator near an air vent, providing another way for the gas to make its way inside the home.

Nevarez noted that carbon monoxide sensors are relatively inexpensive and could help save lives.

“For many of our patients, it’s only by luck that they feel ill in the middle of the night and stagger or fall down and call for help, or it’s the baby crying that wakes them,” he said.

Read the manual and follow all the safety recommendations. Carbon monoxide is no joke.

Finally, HISD sustained a lot of damage on its campuses, though other area school districts and universities were a lot luckier. Meanwhile, many restaurants are hurting, from spoiled inventories to missing customers. Now is a great time to eat at your favorite places, they could use the help.

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Alternate route for the DFW high speed rail line

Compromise!

High-speed rail could zip past downtown Dallas under a revised route that regional elected leaders will consider this week.

The proposal, developed after the Dallas City Council approved a June 12 resolution opposing an elevated line through downtown and adjacent neighborhoods, will be shared at a Regional Transportation Council meeting scheduled July 11 in Arlington.

Fort Worth-area leaders have pledged to support a rail plan that will benefit North Texas, where the population is expected to double from 8 million to more than 15 million by 2050, according to growth estimates presented by the North Central Texas Council of Governments. The transportation council is an independent policy group of the council of governments.

The revised route to connect Dallas, Arlington and Fort Worth with high-speed rail to Houston incorporates about 97% of the initial proposal, said Michael Morris, director of transportation for the council of governments.

The new route “will salvage our commitment” to high-speed rail, Morris said. The plan was still being worked out days before the July 11 meeting.

Morris said it was ironic that Dallas City Council members opposed an elevated high-speed rail line through the city’s downtown, as they gave initial approval to the plan.

Under the new plan, a high-speed rail station would be located south of downtown and avoid connections to the Union Station rail complex and the Kay Bailey Hutchison Convention Center Dallas, which will undergo a $3.7 billion expansion intended to boost tourism, create jobs and connect downtown with South Dallas.

[…]

Dallas City Council member Chad West, who serves on the Regional Transportation Council, said the Dallas council has been on recess in July, so he hadn’t heard about the proposed route to bypass downtown Dallas.

He described that proposal as “interesting.”

The initial plan, he said, included a stop in The Cedars neighborhood south of downtown, which would address the Dallas council’s concerns about the rail project’s impact on the Central Business District.

“There are pros and cons to that,” West said, adding that he supports an underground stop in downtown Dallas.

West said he supports the rail project to Arlington and Fort Worth but wants to ensure that downtown Dallas is protected. Making downtown Dallas more walkable is important, West said, especially as the 2026 FIFA World Cup will bring hundreds of thousands of visitors to the city.

See here for the background. Nothing is ever certain until it happens, but it sounds like this could work. If this goes forward, and if it connects to the Texas Central high speed rail line to Houston, someone starting out in Fort Worth could end up at the terminal at Northwest Mall, where they won’t be easily able to connect to the rest of Houston, thanks to our Metro and its inaction. Not the happy ending we deserve, is it?

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