R2020-116 2020-06-22RESOLUTION NO. R2020-116
A Resolution of the City Council of the City of Pearland, Texas, approving
the submission and nomination of Robert Upton, Director of Engineering &
Capital Projects, as a Municipal representative to the Texas Water
Development Board ("TWDB")- Regional Flood Planning Group ("RFPG")
for Region 6.
Whereas, the TWDB's Executive Administrator is seeking nominations for individuals to
serve on the Region 6 RFPG to assist with developing regional flood plans that are required to
be submitted to the TWDB by January 10, 2023, and every five years thereafter; and
Whereas, The RFPG will be responsible represent and balancing the interests of a
diverse group of regional stakeholders; and
Whereas, Robert Upton, as the Director of Engineering & Capital Projects, through his
commitment to public service, is ideally qualified and experienced to work cooperatively with the
RFPG to evaluate public issues recommend solutions related to flood planning.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City Council of the City of Pearland hereby approves the
submission and nomination of Robert Upton, Director of Engineering & Capital Projects, as a
Municipal representative to the TWDB- Regional Flood Planning Group for Region 6.
PASSED, APPROVED, AND ADOPTED this 22nd day of June, A.D. 2020.
• �YI2
FJ?! -AN
Q TOM REID
MAYOR
ATTEST:
CRYSTAL N. ROAN�RCITY SECRETARY
YY, OMC
APPROVED AS TO FORM:
0 'C
DARRIN M. COKER
CITY ATTORNEY
Solicitation for nominations of individuals to serve as
initial Regional Flood Planning Group (RFPG) members
The TWDB's Executive Administrator is seeking nominations for individuals to serve as
regional flood planning group (RFPG) members within 1S designated flood planning
regions (see Attachment 1). The Executive Administrator will then recommend up to 180
individuals to the Board for consideration to be the initial planning group members. The
flood planning groups will be responsible for developing Texas' first regional flood plans by
January 2023.
Nominations for membership are due to the TWDB no later than July 2, 2020.
The ideal candidate will have experience in and a continued strong interest in
working cooperatively on public issues; be committed to and possess expertise in
flood risk -related issues; be strongly affiliated with and endorsed by the interest
category for which they are nominated, and be capable of playing a leadership role in
a regional flood planning group. Interest group representatives will be responsible
for representing a diverse group of regional stakeholders, and this representation
may involve considerations that extend far beyond their own personal or
professional interests or concerns.
The primary considerations for selecting nominees to the RFPG will be individuals who
• demonstrate a willingness to work toward the common goal of developing a flood
plan for their region and possess the ability to broadly represent the entire regional
flood planning area and fairly consider all interests in deliberations;
• demonstrate ability and willingness to attend meetings quarterly or more
frequently, participate and contribute proactively, and dedicate the significant time
and attention required throughout this new process, which requires adopting the
first regional flood plans by January 10, 2023;
• possess the ability and temperament to potentially serve in a leadership role within
the RFPG at some point;
• possess expertise/experience in and/or an understanding of flooding risks and
flood planning; and
• demonstrate a commitment to public service and to the state and regional flood
planning process, including the associated Guidance Principles (see Attachment 3)
and the overarching intent of Senate Bill 8 for the benefit of all Texans.
The Executive Administrator will strongly consider a nominee who is strongly affiliated
with and endorsed by the interest category for which they are nominated. In addition,
nominees with knowledge of flood risk -related issues and who reside and/or work within
the region for which they are being nominated will be given preference.
The Executive Administrator will recommend one individual for each of the 12 interest
category voting positions for each flood planning region for a total of up to 180 members
statewide. The RFPGs will include seven non-voting state agency members as well. After
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Statewide open solicitation package for nominating individuals to serve as initial Regional Flood
Planning Group (RFPG) members
the initial groups are approved by the TWDB's governing board, each RFPG will adopt
bylaws and may consider adding members in these or other categories, as either voting or
non-voting, to ensure adequate representation from interests in the flood planning region.
The interest categories are as follows:
1) Agricultural interests
2) Industries
3) River authorities
4) Counties
5) Municipalities
6) Water districts
7) Flood districts
8) Electric generating utilities
9) Public
10) Water utilities
11) Environmental interests
12) Small businesses
The map showing the boundaries for the 15 flood planning regions for which the Executive
Administrator is soliciting members is included as Attachment 1. For additional
information regarding background on the new regional and state flood planning process,
responsibilities of RFPG members, and guidance principles, see Attachments 2 and 3. For
more information regarding content requirements of regional flood plans, please see the
final administrative rules for state and regional flood planning.
For questions regarding this solicitation, please email floodplanning0twdb.texas.gov or
call James Bronikowski at (512) 475-0145.
In order to expedite the TWDB's review process and ensure flood planning groups
can begin work as soon as possible, please use our online form and
SUBMIT NOMINATIONS HERE.
If you are unable to fill out the online form, you may email the pdf version of the
nomination form and optional attachments to floodplanning@twdb.texas.gov
or mail to 1700 North Congress Avenue, P.O. Box 13231, Austin, Texas 78711-3231.
The deadline for submitting nominees to the TWDB is July 2, 2 02 0.
Disclaimer. Any information submitted is subject to the Public Information Act.
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Attachment 1: Flood Planning Region Boundaries Map
Flood Planning Region Boundaries
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Statewide open solicitation package for nominating individuals to serve as initial Regional Flood
Planning Group (RFPG) members
Attachment 2
Background on the new regional and state flood planning process
Senate Bill 8 of the 86th Legislature, Regular Session, establishes the framework for the
Texas Water Development Board (TWDB) to institute regional flood planning across the
state. Texas Water Code §16.061 requires RFPGs to deliver regional flood plans to the
TWDB on January 10, 2023, and every five years thereafter. The state flood plan, to be
based on adopted regional plans, will be due September 1, 2024, and every five years
thereafter. Further, Texas Water Code §16.062 requires the TWDB to
1) designate flood planning regions (see Attachment 1),
2) designate representatives from each flood planning region to serve as the
initial regional flood planning group,
3) provide technical and financial support for the regional flood planning groups,
4) adopt guidance principles, and
5) adopt rules for regional and state flood planning.
In addition, Senate Bill 500 of the 86th Legislature, Regular Session, provides funding for
both regional flood planning activities and flood science initiatives, including base level
engineering, that will support development of the regional and state flood plans.
The final regional and state flood planning rules are available on the TWDB website and
provide a more detailed framework for what the regional flood planning groups must
consider, what each regional flood plan must address, and what the overall regional flood
planning process will look like.
What are the responsibilities of RFPG members?
Planning groups will meet with varying frequency to develop their plans. They will set
flood risk reduction goals, direct their technical consultant, consider public input and
technical information, and make many decisions required to develop their regional flood
plan. The regional flood planning process is anticipated to look and feel similar to the
existing regional water supply planning process.' All planning group work must be
performed, and all deadlines must be met in accordance with statute, agency rules, and the
grant contracts with the TWDB.
In general, voting RFPG members will need to accomplish the following:
• deliver the first regional flood plan no later than January 10, 2023
• represent their associated interest group as it exists throughout the entire region
• consider all the region -wide stakeholders when making decisions
• commit to traveling to and regularly attending their RFPG meetings
1 However, the technical approach, processes and need for flood planning is very different from the water
planning process. The most significant differences will be with regard to the region boundaries and the types
of considerations and technical approaches used, since flood planning is very different from planning to
provide water supplies during drought.
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Statewide open solicitation package for nominating individuals to serve as initial Regional Flood
Planning Group (RFPG) members
• understand and follow the flood planning framework and process, as well as review
the various materials that will be considered by the RWPG along the way
• solicit and consider stakeholder input in a transparent process
• participate in directing the work of technical consultants
• make difficult decisions and recommendations regarding flood management goals
and strategies and flood mitigation projects for their region
• ensure adoption of a regional flood plan that meets all requirements, including that
no neighboring area may be negatively affected by an element of the regional flood
plan
Similar to the regional water supply planning process, the RFPG members will not receive
compensation from legislative appropriations for their time or expenses but, in certain
cases, may be eligible to be reimbursed by the state for travel mileage at the state rate.
Considerations for TWDB's selection of members to serve as the initial RFPGs
The number of initial Regional Flood Planning Group (RFPG) representatives named by the
TWDB to each of the initial RFPGs will be limited to 12; each voting member representing
one of the 12 interest groups identified in Texas Water Code §16.062(c) and in 31 TAC
361.11(e) as follows:
(1) Public, defined as those persons or entities having no economic or other direct
interest in the interests represented by the remaining membership categories;
(2) Counties, defined as the county governments for the 254 counties in Texas;
(3) Municipalities, defined as governments of cities created or organized under the
general, home -rule, or special laws of the state;
(4) Industries, such as corporations, partnerships, sole proprietorships, or other
legal entities that are formed for the purpose of making a profit and that are not
small businesses;
(5) Agricultural interests, defined as those persons or entities associated with the
production or processing of plant or animal products;
(6) Environmental interests, defined as those persons or groups advocating for
the protection or conservation of the state's natural resources, including but not
limited to soil, water, air, and living resources;
(7) Small businesses, defined as corporations, partnerships, sole proprietorships,
or other legal entities that are formed for the purpose of making a profit, are
independently owned and operated, and have either fewer than 500 employees and
or less than $10 million in gross annual receipts;
(8) Electric generating utilities, defined as any persons, corporations, cooperative
corporations, or any combination thereof, meeting each of the following three
criteria: own or operate for compensation equipment or facilities which produce or
generate electricity; produce or generate electricity for either wholesale or retail
sale to others; and are neither a municipal corporation nor a river authority; this
category may include a transmission and distribution utility;
(9) River authorities, defined as any districts or authorities created by the
legislature that contain areas within their boundaries of one or more counties and
that are governed by boards of directors appointed or designated in whole or part
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Statewide open solicitation package for nominating individuals to serve as initial Regional Flood
Planning Group (RFPG) members
by the governor, including without limitation the San Antonio River Authority and
the Palo Duro River Authority;
(10) Flood Districts, defined as any districts or authorities, created under authority
of either Texas Constitution, Article III, §52(b)(1) and (2), or Article XVI, §59
including all Chapter 49 districts, particularly districts with flood management
responsibilities, including drainage districts, levee improvement districts, but does
not include river authorities;
(11) Water districts, defined as any districts or authorities, created under authority
of either Texas Constitution, Article III, §52(b)(1) and (2), or Article XVI, §59
including all Chapter 49 districts, particularly districts with flood management
responsibilities, including municipal utility districts, freshwater supply districts, and
regional water authorities, but does not include drainage districts, levee
improvement districts, river authorities; and
(12) Water Utilities, defined as any persons, corporations, cooperative
corporations, or any combination thereof that provide water supplies for
compensation except for municipalities, river authorities, or water districts.
What will be the first activities for selected members?
Once the TWDB designates the initial membership of the 12 interest groups per region,
each member will be notified of their selection to serve in a RFPG. The initial members of
each group will be convened by TWDB as the initial regional flood planning group at a
public meeting at which the initial RFPG will, for example
• nominate and select a chair and vice -chair;
• consider adoption of group bylaws;
• determine what additional representative categories, as either voting or non-voting
members, are needed to ensure adequate representation from interests in the flood
planning region;
• identify a political subdivision sponsor that is willing to act on behalf of the group
including to solicit grant funds from the TWDB and to procure a technical consultant
to support the group;
• initiate a request by the political subdivision sponsor to apply for grant funds from
the TWDB;
• initiate a procurement process for a technical consultant; and
• set its next meeting date.
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Statewide open solicitation package for nominating individuals to serve as initial Regional Flood
Planning Group (RFPG) members
Attachment 3
Regional and State Guidance Principles
The regional and state flood plans:
(1) shall be a guide to state, regional, and local flood risk management policy.
(2) shall be based on the best available science, data, models, and flood risk mapping.
(3) shall focus on: identifying both current and future flood risks, including hazard., exposure,
vulnerability and residual risks; selecting achievable flood mitigation goals, as determined by
each RFPG for their region; and incorporating strategies and projects to reduce the identified
risks accordingly.
(4) shall, at a minimum, evaluate flood hazard exposure to life and property associated with a 0.2
percent annual chance flood event (the 500 -year flood) and, in these efforts, shall not be limited
to considering historic flood events.
(5) shall, when possible and at a minimum, evaluate flood risk to life and property associated
with a 1.0 percent annual chance flood event (the 100 -year flood) and address, through
recommended strategies and projects, the flood mitigation goals of the RFPG (per item 2 above)
to address flood events associated with a 1.0 percent annual chance flood event (the 100 -year
flood); and, in these efforts, shall not be limited to consideration of historic flood events.
(6) shall consider the extent to which current floodplain management, land use regulations, and
economic development practices increase future flood risks to life and property and consider
recommending adoption of floodplain management, land use regulations, and economic
development practices to reduce future flood risk
(7) shall consider future development within the planning region and its potential to impact the
benefits of flood management strategies (and associated projects) recommended in the plan.
(8) shall consider various types of flooding risks that pose a threat to life and property, including,
but not limited to, riverine flooding, urban flooding, engineered structure failures, slow rise
flooding, ponding, flash flooding, and coastal flooding, including relative sea level change and
storm surge.
(9) shall focus primarily on flood management strategies and projects with a contributing
drainage area greater than or equal to 1.0 square mile except in instances of flooding of critical
facilities or transportation routes or for other reasons, including levels of risk or project size,
determined by the RFPG.
(10) shall consider the potential upstream and downstream effects, including environmental, of
potential flood management strategies (and associated projects) on neighboring areas. In
recommending strategies, RFPGs shall ensure that no neighboring area is negatively affected by
the regional flood plan.
(11) shall include an assessment of existing, major flood mitigation infrastructure and will
recommend both new strategies and projects that will further reduce risk, beyond what existing
flood strategies and projects were designed to provide, and make recommendations regarding
required expenditures to address deferred maintenance on or repairs to existing flood
infrastructure.
(12) shall include the estimate of costs and benefits at a level of detail sufficient for RFPGs and
sponsors of flood mitigation projects to understand project benefits and, when applicable,
compare the relative benefits and costs, including environmental and social benefits and costs,
between feasible options.
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Statewide open solicitation package for nominating individuals to serve as initial Regional Flood
Planning Group (RFPG) members
(13) shall provide for the orderly preparation for and response to flood conditions to protect
against the loss of life and property and reduce injuries and other flood -related human suffering.
(14) shall provide for an achievable reduction in flood risk at a reasonable cost to protect against
the loss of life and property from flooding.
(15) shall be supported by state agencies, including the TWDB, General Land Office, Texas
Commission on Environmental Quality, Texas State Soil and Water Conservation Board, Texas
Parks and Wildlife Department, and the Texas Department of Agriculture, working cooperatively
to avoid duplication of effort and to make the best and most efficient use of state and federal
resources.
(16) shall include recommended strategies and projects that minimize residual flood risk and
provide effective and economical management of flood risk to people, properties, and
communities, and associated environmental benefits.
(17) shall include strategies and projects that provide for a balance of structural and nonstructural
flood mitigation measures, including projects that use nature -based features, that lead to long-
term mitigation of flood risk.
(18) shall contribute to water supply development where possible.
(19) shall also follow all regional and state water planning guidance principles (31 TAC 358.3)
in instances where recommended flood projects also include a water supply component.
(20) shall be based on decision-making that is open to, understandable for, and accountable to
the public with full dissemination of planning results except for those matters made confidential
by law.
(21) shall be based on established terms of participation that shall be equitable and shall not
unduly hinder participation.
(22) shall include flood management strategies and projects recommended by the RFPGs that are
based upon identification, analysis, and comparison of all flood management strategies the
RFPGs determine to be potentially feasible to meet flood mitigation and floodplain management
goals.
(23) shall consider land use and floodplain management policies and approaches that support
short- and long-term flood mitigation and floodplain management goals.
(24) shall consider natural systems and beneficial functions of floodplains, including flood peak
attenuation and ecosystem services.
(25) shall work to be consistent with the National Flood Insurance Program (NFIP) and shall not
undermine participation in nor the incentives or benefits associated with the NFIP.
(26) shall emphasize the fundamental importance of floodplain management policies that reduce
flood risk.
(27) shall encourage flood mitigation design approaches that work with, rather than against,
natural patterns and conditions of floodplains.
(28) shall not cause long-term impairment to the designated water quality as shown in the state
water quality management plan as a result of a recommended flood management strategy or
project.
(29) shall be based on identifying common needs, issues, and challenges; achieving efficiencies;
fostering cooperative planning with local, state, and federal partners; and resolving conflicts in a
fair, equitable, and efficient manner.
(30) shall include recommended strategies and projects that are described in sufficient detail to
allow a state agency making a financial or regulatory decision to determine if a proposed action
before the state agency is consistent with an approved regional flood plan.
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Statewide open solicitation package for nominating individuals to serve as initial Regional Flood
Planning Group (RFPG) members
(3 1) shall include ongoing flood projects that are in the planning stage, have been permitted, or
are under construction.
(32) shall include legislative recommendations that are considered necessary and desirable to
facilitate flood management planning and implementation to protect life and property.
(33) shall be based on coordination of flood management planning, strategies, and mitigation
projects with local, regional, state, and federal agencies projects and goals.
(34) shall be in accordance with all existing water rights laws, including but not limited to, Texas
statutes and rules, federal statutes and rules, interstate compacts, and international treaties.
(35) shall consider protection of vulnerable populations.
(36) shall consider benefits of flood management strategies to water quality, fish and wildlife,
ecosystem function, and recreation, as appropriate.
(37) Shall minimize adverse environmental impacts and be in accordance with adopted
environmental flow standards.
(38) Shall consider how long-term maintenance and operation of flood strategies will be
conducted and funded.
(39) Shall consider multi -use opportunities such as green space, parks, water quality, or
recreation, portions of which could be funded, constructed, and or maintained by additional,
third -party project participants.
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