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HomeMy WebLinkAboutCouncil Reading File - SB 231 CASQA Fact Sheet CASQA Supports Senate Bill 231 – Local government: fees and charges (2017) Author: Senator Robert M. Hertzberg (D), 18th Senate District Summary Senate Bill 231 would effectively add stormwater fees to the list of property-related fees that are not subject to the voter approval requirements of Proposition 218 by explicitly including stormwater in the definition of “sewer” in the Proposition 218 Omnibus Implementation Act. Exemptions from voter approval requirements for fees and charges for sewer, “water”, and “refuse collection” are already included in Proposition 218. SB 231 contains legislative findings and declarations explaining that the definition of “sewer” should include stormwater based on statutes that existed before passage of Proposition 218 and based on a California Supreme Court decision. This bill would make it easier for local governments to fund and address the effects of climate change and California’s continuing cycles of drought as well as comply with new and increasingly stringent federal Clean Water Act, National Pollutant Discharge Elimination System (NPDES) municipal separate storm sewer system (MS4) permit requirements adopted by the California State and Regional Water Boards. Additional Information Existing Law – Established by Proposition 218 in 1996, existing law requires local voter approval of certain property-related fees. The imposition or increase of a property related fee or charge must be approved by a majority vote of the property owners subject to the fee or charge or, at the option of the agency imposing the fee or charge, by a 2/3 vote of the electorate residing in the area affected by the fee or charge. Proposition 218 exempts certain types of fees, such as those for water, sewer, and refuse collection, from the voter approval requirements of Proposition 218. Funding Unsure – Funding for stormwater comes primarily from general funds, and to a lesser degree from fees and assessments and/or grants and loans. Each of these sources has significant deficiencies that affect their reliability. Stormwater must compete every year with an agency’s many other priorities for general funds, including fire, police, and social (e.g., libraries) services. Fees and assessments are subject to Proposition 218 approval requirements. Grants are only a short-term, partial solution and to secure a loan requires a dedicated funding source to pay off the loan, which few agencies have for stormwater. Costs Increasing – Increasing enforcement of the federal Clean Water Act’s NPDES program by the State and Regional Water Boards and advocacy by environmental groups has significantly increased the cost of NPDES permit compliance for California cities and counties. The impacts of climate change on the severity, patterns, and form of precipitation (i.e., rain instead of snow) are increasing the need for new flood management systems to reduce the impacts of more severe storms. These changes are also creating the need and the opportunity for ”green infrastructure” and integrated water systems to capture stormwater as a ‘new’ source of water rather than discharging it as a waste and alleviating the impacts of climate change as well as California’s regular droughts on the State’s water supplies. Benefits Significant – Municipal separate storm sewer systems provide essential public health and safety services, including safe management of runoff and flood waters and protection of lives and property, that are no less important than those provided by sanitary sewers, water supply, and refuse collection. New green infrastructure elements of MS4s also provide improvement to water quality in waterways and increases in groundwater supply in some areas. At the same time, MS4s must meet increasingly strict CASQA Fact Sheet SB 231 May 2017 2 NPDES permit and Total Maximum Daily Load (TMDL) requirements to significantly reduce the discharge of pollutants such as mercury and polychlorinated biphenyls (PCBs) that are contaminating fish and causing fish consumption advisories, and bacteria that threaten to sicken swimmers, waders, surfers, and others recreating in California’s waters. Besides these functional benefits, passage of SB 231 would create another benefit – increased transparency and accountability. By providing agencies the option of a dedicated funding source, the nexus between benefits and costs will be clearer than under the current patchwork of funding sources. Given the multiple factors that are driving up costs and the opportunity for huge benefits, California needs reliable funding for stormwater. The time for change is now. SB 231 would maintain the strict transparency and accountability requirements in Proposition 218, while affording local governments the ability to address both the challenge of improving stormwater quality and the opportunity of mitigating the effects of climate change and California’s continuing cycles of drought. Accordingly, CASQA supports SB 231 and encourages others to support this vital legislation. ***** The California Stormwater Quality Association is a non-profit, professional member association dedicated to the advancement of stormwater quality management through collaboration, education, implementation guidance, regulatory review, and scientific assessment. CASQA is comprised of stormwater quality management organizations and individuals, including cities, counties, special districts, industries, consulting firms, and equipment manufacturers throughout California. Our members provide stormwater quality management services to more than 23 million people in California through the planning, design, construction, operation, maintenance, research, and management of municipal separate storm sewer systems.