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Fort Bend Flood Management Association

Fort Bend Flood Management Association. Annual Symposium Oct. 3, 2014. Three 10’s to Think About. Karin Jacoby. Presentation Outline. Ten Things to Watch Federal Rules, Regulation and Legislation Ten Year Turn From Safe Levees to Levee Safety Ten Ways to Make a Difference

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Fort Bend Flood Management Association

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  1. Fort Bend Flood Management Association Annual Symposium Oct. 3, 2014

  2. Three 10’s to Think About Karin Jacoby

  3. Presentation Outline • Ten Things to Watch • Federal Rules, Regulation and Legislation • Ten Year Turn • From Safe Levees to Levee Safety • Ten Ways to Make a Difference • Things you can do

  4. Fighting the Flood of FederalRules, Regulation, and Legislation • What is it ? • Who’s doing it ? • Why care ?

  5. 1. ESA Rulemaking • Stated intent is to provide clarity for listing of species and also for designation of critical habitat, much of which is found to occur at or near rivers and streams, so also near levees Fish & Wildlife / NMFS

  6. 2. Waters of the U.S. Rulemaking • Expands CWA coverage 404 - dredge & fill 402 - stormwater NPDES 303 - quality stds & TMDLs EPA USACE

  7. 3. National Flood InsuranceProgram • BW12 called for changes to NFIPto increase rates to reflect true flood risk • Homeowner Flood Insurance Affordability Act of 2014 delays Congress / FEMA

  8. 4. Principles & Requirements • Rules for Fed agencies to assess WRD investment and activities • WRDA ’07 says shall reflect ntl priorities • Avoid unwise use of floodplains and flood-prone areas, and minimize adverse impacts & vulnerabilities if must be used • Protect and restore natural functions • USACE starts - CEQ takes, applies to more agencies USACE, CEQ, other Agencies

  9. 5. Interagency Guidelines • Provides direction to agencies for applicability and implementation of P&R • Elevate ecosystem and social concerns over net NED benefits • Broad discretion to Fed decision-makers • Framework to stall / stop WRM infrastructure CEQ, other Agencies

  10. 6. Sec. 408 Permitting • Corps released new Engineering Circular (EC) • 2 years to become an EngnrgRegulation (ER) USACE

  11. 7. President’s Climate Action Plan • Cut U.S. carbon pollution • Prepare U.S. for climate change impacts • Lead efforts to Combat Global Climate Change and Prepare for its Impacts White House & CEQ

  12. 8. Federal Flood Risk Management Standard • Review EO 11988 • Incorporate FFRMS Determine Application • Fed inv / action (permits) • HorizFP - coast / rivers • VertStds– best / current science CEQ

  13. 9. WRRDA / ImplementationGuidance • USACE Listening sessions • LEVEE SAFETY • VegetationMgt Policy • Levee Safety Initiative • NtlComm on Levee Safety • Levee Safety Guidelines • Hazard Potential Classification USACE

  14. 10. Levee Rehabilitation and Inspection Program (RIP)PL 84-99 Rulemaking • March 2014 Interim policy for levees issued • Fall 2014 expect NOI for rulemaking • Spring 2015 new proposed rule for levees and channels anticipated • Move away from inspection checklists for eligibility • Toward risk-informed efforts • Emergency Preparedness • Risk Communication USACE

  15. Presentation Outline • Ten Things to Watch • Federal Rules, Regulation and Legislation • Ten Year Turn • From Safe Levees to Levee Safety • Ten Ways to Make a Difference • Things you can do

  16. “Levee Safety” Evolution 2005 – Levee performance concerns post Katrina 2006 – Corps levee safety approach emerges 2007 – WRDA ‘07 Title IX - national levee safety pgm 2008 – Periodic inspection procedures 2009 – NCLS report to Congress 2010 – LSAC ratings initiated 2011 – SWIF policy updated for use w/ PL 84-99 2012 – Levee vegetation draft policy 2013 – PL 84-99 eligibility determinations suspended 2014 – WRRDA ‘14 Title III w/ a levee safety initiative

  17. 2005 Devastation Levee failure in New Orleans IPET post Katrina Storm Protection system Performance Consequences Risks

  18. 2006 Model - NtlDam Safety Program Inspections Hazard potential classification Fed. dam safety guidelines DSAC ratings State dam safety programs

  19. 2007 Congress acts WRDA 2007 Authorize levee projects Title IX – Levee Safety Levee Defined Committee on Levee Safety Database of inventory and inspection

  20. 2008 Inspection Procedures for Corps Levee Safety Program “more rigorous inspection program for levee systems” O&M Structural stability Levee features Communication

  21. 2009 Report from NCLS Create state levee safety programs Align federal programs/processes Provide for non-federal leadership

  22. 2010 LSACratings initiated Risk Communication Terminology confusing Local sponsors Developers Insurers

  23. 2011 Rigorous Inspections Unacceptable Ratings No Fed help w/ levee rehab Enhance Safety and Reduce Risk System-wide Improvement Framework Policy Update Allows continued PL 84-99 eligibility, if working to cure X

  24. 2012 Levee vegetation draft policy Controversial Conflicts w/ ESA critical habitat Stymied O&M efforts

  25. 2013 PL 84-99 eligibility determinations suspended Interim policy developed, issued 3-21-14

  26. 2014 Congress acts WRRDA 2014 Authorize levee projects Levee SafetySubtitle 3 years to report on recommendations for a National Dam & Levee Safety Program

  27. WRRDA 2014 Subtitle B-Levee Safety • 3011. SWIF • 3013. Vegetation Mgt • 3016. Levee Safety (amends WRDA ‘07) • Levee / Levee System defined • NCLS • Inventory (LSAC) • Levee Safety Initiative

  28. Evolution goes on, and on, and… “It is not the strongest or the most intelligent who will survive but those who can best manage change.” ― Charles Darwin

  29. Presentation Outline • Ten Things to Watch • Federal Rules, Regulation and Legislation • Ten Year Turn • From Safe Levees to Levee Safety • Ten Ways to Make a Difference • Things you can do

  30. 1. Learn the issues • Levees • Rehab & Inspection • Leveed areas • Hazard Potential Classification • Flood Insurance • Other

  31. 2. Share your stories • Successes • NFIP Reform • Local investment • Built, O & M • Challenges • Permitting • Maintenance activities

  32. 3. Get the word out • Broaden perspectives

  33. 4. Coordinate w/ NCLS • Ntl Committee on Levee Safety (NCLS) new role in WRRDA • Still 16 members • Staggered terms • 2 Fed. (FEMA / Corps) • Non-fed chair • Non-fed committees • Annual report on levee safety initiative • Coordinate w/ FIFMTF

  34. 5. Provide Administration, CEQ and USACE input / feedback • WRRDAImplemenation Guidance • Engineering Circulars • Climate Action Plan • Fed. Flood Risk MgtStd • Principles & Requirements • Interagency Guidelines

  35. 6. Pay Attention • Look for rules and regulations that could impact you • Determine process being used to develop • Demand your say • APA Rulemaking

  36. 7. Comment on proposed rules • ESA – Oct. 9, 2014 • WOTUS – Oct. 20, 2014

  37. 8. Provide input on rules being developed • PL 84-99: Levee RIP – Fall 2014 • Eligibility criteria to support FRM • EP planning • Risk communication • Prioritize maintenance activities based on risk • Align FR terminology and activities

  38. 9. Prepare for battle • NFIP Reform • Outreach • Educate • Get it on the radar of those who will stand behind you (before they stand w/ someone else)

  39. 10. Engage • Be informed • Be involved • Make things happen • “You have more power than you realize.” John Anderson

  40. That’s All

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