Houston Chronicle Sunday

Boil-notice confusion is the rule, not the exception

- By Kristen Schlemmer Kristen Schlemmer is the legal director and waterkeepe­r of Bayou City Waterkeepe­r.

I didn’t expect to be at our neighborho­od park on Monday, in a sea of other parent-kid pairs. We were all there for the same reason: The boil-water notice had caused schools to close.

On Sunday, a power outage left our main water purificati­on plant without sufficient pressure for a matter of minutes. A map issued by the city seemed to show that all of Houston was affected. It is right to question how a region that lives with increasing­ly stronger storms could let a power outage cut off our access to clean water for any amount of time. The power outage happened on a sunny day because a transforme­r failed, as did its backup, but what if it had happened in the middle of a hurricane? Or winter storm? Or the next COVID surge? This underlines, again, the need for serious investment in our water infrastruc­ture.

But this time, dwelling too long on the power outage might lead us to miss the point. As Mayor Sylvester Turner pointed out at City Council, our water was never unsafe. So why were our kids home, and why were we having to needlessly boil water?

For the answer to these and other questions, we can look to the state. The Texas Commission on Environmen­tal Quality, the state’s environmen­tal regulatory body, has set rules on how the city must respond to water disruption­s. Confronted with uncertaint­y over how these rules applied, the city moved forward as if they did, and those triggered likely needless boil-water notices and a long delay while we all waited for TCEQ to give us the signal to turn our taps back on.

In the wake of the boil-water notice, some have rightfully pointed out these rules are “useless” when it comes to protecting human health. The notice came hours after

(though well before the stateissue­d 24-hour requiremen­t) the water may have been affected. Many people didn’t receive the notice at all and Spanishdom­inant residents in my circles expressed concerns that they had not seen notices in anything but English. Had there been an issue with contaminat­ed water, it would have been too late for many of the

2.2 million people within the affected service area. (And beyond the issue of the water itself, there’s the question of how many people living in Houston lost wages because schools were closed and had to stay home from work.)

Environmen­tal rules exist for a reason. When they are working, they protect our drinking water; they keep sewage out of our homes, parks and bayous; they ensure our air is clean enough to breathe. But the TCEQ’s management of these regulation­s often falls short and they don’t do enough to clearly inform people of potential risks. As the Texas Sunset Commission concluded this year in a report to the Legislatur­e, these failures have generated confusion and distrust.

It took a federal civil rights complaint for the TCEQ, late last year, to guarantee access to Spanish-language dominant communitie­s to participat­e in

decisions that affect their environmen­t and health. This should be galling if you live in Houston, where a little more than a third of residents speak Spanish at home, many living in neighborho­ods enduring greater burdens of pollution. Even for English-language residents, important notices are difficult to find on the TCEQ website, and documents needed to make sense of the notices are not online but in binders scattered at random libraries across the state or stored only in the record rooms of industrial facilities. And in these poorly managed processes, our ability to make decisions affecting our families’ health is getting buried.

For many of us, this disruption

may feel fleeting by the end of the week. But for many others, uncertaint­y about water and health is an enduring problem. To understand why, we must once again look to the state. More than five years after Harvey, many people in Houston remain vulnerable to floods because of how the Texas General Land Office excluded the city of Houston from a major source of recovery funds for flood mitigation. In considerin­g the impact of this exclusion, it is important to understand that when a home floods, the people who live there do not just lose the safety of four walls and a foundation. Because floodwater­s affect undergroun­d pipes, homes often also lose access to reliable water and sewage services. Residents left behind after a disaster aren’t only replacing drywall and fixing their roofs. They also begin to rely on bottled water and deal with the consequenc­es of sewage backing up into their bathtubs on rainy days.

This takes a toll on residents’ mental and physical health. Black and brown Houstonian­s have borne the biggest burden of the GLO’s choice. By holding back funds from Houston, the state has denied people the relative peace that comes with a house, including the promise of clean, reliable water.

Each time the state continues to leave people behind, it erodes our trust in the rules that are supposed to protect our health and water. When the Legislatur­e meets at the start of next year, they’ll have the chance to start to make this right. They can adopt the Sunset Commission’s recommenda­tions for the TCEQ to be focused on transparen­cy and better communicat­ion with the public. They also should consider how $2.9 billion in federal Infrastruc­ture Investment and Jobs Act funds managed by the Texas Water Developmen­t Board for water infrastruc­ture improvemen­ts can more rapidly reach communitie­s in Houston who need help now. This is just the minimum our legislator­s can do.

This can be the start, not the end, of improving how our state meets the needs of its most vulnerable residents and centers equity in its processes, too. Our lives and our health depend on it.

 ?? Mark Mulligan/Staff photograph­er ?? Visitor John Beezley of Bonham buys cases of water after a boil-water notice was issued in Houston on Nov. 27.
Mark Mulligan/Staff photograph­er Visitor John Beezley of Bonham buys cases of water after a boil-water notice was issued in Houston on Nov. 27.

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