In
February 2009, I posted a blog, “Stormwater Utilities:
The Key Word is ‘Utilities.’”
I really must have bored most professionals on that one! It attracted only two
comments. I’m willing to bet this blog will raise a few more
eyebrows.
(Read Stormwater Utilities:
The Key Word is ‘Utilities’)
House
Bill 316 before the Georgia state legislature wanted to exempt state agencies
from paying their stormwater utility fees. The bill’s supporters stated again
that the fee was a “tax.” How many times and in how many differently
jurisdictions have we heard this? I can promise you that HB 316 will come to the
forefront again this year. This is not just a Georgia issue. If some form of
this bill were to pass, it would be the yoke around many a professional’s neck.
This is not to say many of us have not already fought this
battle.
Again
in April 2009, in the city of Decatur, Georgia, an attorney opined for the
United States Postal Service, “The supremacy clause prohibits state and local
government from assessing taxes on agencies of the United States; see McCullough
v. Maryland, 17 U.S. 316 (1819)., stating that the City’s Stormwater fee was
‘thinly disguised tax.’”
Just
this past week at the city of Macon, Georgia, council meeting, it was said, “It
is a tax—it’s a rain tax. Your going to be charged whether it rains or not to
upkeep government property if you own the property. I mean, this is disingenuous
government bureaucrats, to say it’s a user fee when you can’t get out of paying
it to the government and the government will punish you if you don’t
pay.”
Now
I will say what we professionals already know; let me borrow the line, “There is
no legal or logical basis for it and its respective agencies to refuse to pay
valid fees for actual services rendered. If they do so, then could they not also
refuse to local water, sewer, electricity, gas, or other utility
fees?”
When
reviewing the above arguments, the only answer I can give is that “we” and “I”
as professionals have not done our job in educating the public and its elected
bodies on our professional stormwater management programs. It is a no-brainer
that citizens pay for water and sewer. Go figure—I think we can only look to
ourselves on this important issue.
Well,
I guess we could blame those nasty feds for imposing all those nasty mandates
and costly stormwater management practices. Or maybe we could blame the state
regulators for creating rules and regulations. Sounds good to me, but I have
always been told to look to yourself for solutions and the
consequences.
We
can not blame those who have made such arguments against a stormwater user
fee—or, as they would call it, a “rain tax.” It appears “we” and “I” spend a lot
more effort studying and writing about the pros and cons of BMPs, when maybe we
should be ensuring the foundation for user fees. We probably should look at our
profession’s short history, step back, and formulate the position on user fees
and educate the public on their merits.
I
find it hard to focus on the issues of water quality and quantity when we are
constantly on the forefront defending our user fees. Maybe “we” and “I” should
look respectfully at ourselves to resolve this ongoing
issue.
What
do you think?