The federal government mandates that local governments manage stormwater runoff and preserve surface water quality through the Clean Water Act. In order to secure adequate funding to address these mandates, more than 40 Georgia counties and cities have created stormwater utilities. These utilities are funded by user fees, so that all property owners (even those who are tax exempt) pay a fee to fund the required stormwater management practices.
In recent years, several federal agencies have taken the position that since property owned by the federal government is exempt from state and local taxation, these properties were also exempt from local stormwater utility fees. ACCG respectfully disagreed, but took action to eliminate any uncertainty as to this fee’s aplicability.
In the closing days of its 2010 session the U.S. Congress passed S. 3481 which makes clear that the federal government and its agencies must pay local stormwater utility fees. This is great news for Georgia as several metro Atlanta counties have been refused stormwater payments by the U.S. Postal Service, Centers for Disease Control and the U.S. Army Corps of Engineers, among others.
ACCG policy staff wrote and sponsored the NACo resolution in 2010 to support the passage of S. 3481 and successfully worked the resolution through NACo’s committee process at its July 2010 Annual Conference and Exposition. As well, ACCG contacted all Georgia U.S. Represenatives and Senators by letter, urging their support. They followed up with Senator Johnny Isakson on this issue during an October 2010 Candidates Forum ACCG co-sponsored with the Georgia Municipal Association. Approximately two weeks later the Senator contacted ACCG to confirm his support for S. 3481.
Gwinnett County and DeKalb County have indicated that as a result of the passage of this legislation, they expect to be able to collect approximately $300,000 annually in stormwater utility fees from federal agencies that had refused to pay. Furthermore, this new legislation sets a positive precedent in ACCG’s efforts to ensure that the State of Georgia continues to pay its own stormwater fees as well.
