Pennsylvania Lake Erie Environmental Forum Meeting September 19, 2016 presented by Timothy S. Wachter, Esq. Knox McLaughlin Gornall & Sennett, P.C.

Act 68 of 2013

Act 68 of 2013 53 Pa.C.S. §5607(a)(18)

Act 123 of 2014 53 Pa.C.S. §5607(d)(34)

Stormwater Authorities Stormwater projects previously managed through Municipal departments (funded through General Fund) Flood control projects 53 Pa.C.S. §5607(a)(3) Sanitary Sewers (CSO’s) 53 Pa.C.S. §5607(a)(4), (5) Amendments provide specific power for Authorities to Plan, Manage and Implement Stormwater plans and projects Concern is that while municipal codes permit the management of stormwater by municipalities, no fee authorizations exist. Exception is Home Rule and Optional Plan Communities Amendments – for the first time – provide for a rate methodology

Rates Reasonable and Uniform Based in whole or in part on property characteristics May include installation and maintenance of best management practices approved and inspected by the authority

Rates Stormwater Fees Reasonable and Uniform Equivalent Residential Unit (ERU) Average about $8/month Commercial Unit Fees Based in Whole or in Part on Property Characteristics Percentage of total impervious surface Flyover data Best Management Practices Credits

Stormwater Authorities Operating Finance/Operate/Maintain Financing/Leaseback Finance construction of projects and lease back to municipality to meet debt service Debt Service availability

Decision Steps Determine Goals of Municipality (storm water management; flood control; MS4 compliance; CSO remediation; retention/detention ponds maintenance; etc.) Inventory Stormwater facilities Identify Stormwater needs Price it out; Appropriate funds Sell it to the Community

Sell it to the Community Identify and involve Community Stakeholders Study methods to meet Stormwater needs and identify costs and payment options; i.e. raise millage vs. Stormwater fees Stormwater fees are often seen as being most fair, directly proportional to a landowners property Determine whether to offer “credits” as part of Best Management Practices

Sell it to the Community Water Words that Work, LLC Engaged by the Foundation for Pennsylvania Watersheds to identify best practices to “sell” a stormwater authority to your municipality http://stormwater.pennsylvaniawatersheds.org

http://stormwater.pennsylvaniawatersheds.org

Sell it to the Community Maryland Case Study Poor Sales Job Bad Political Timing

http://houserepublicancaucus.com/2015/03/06/house-minority-leadership-issues-statement-on-rain-tax-vote/

Sell it to the Community Hire professionals to help analyze the issue and build the case. Involve stake holders in the identification of the problem, the creation of the solution and the sales job to the public. Transparent and open public conversation about the financial and environmental impacts of stormwater and the benefits of the adopted approach.

Decision Steps, continued 6. Hold public hearings and meetings 7. Adopt Ordinance to form appropriate Authority and authorize fee methodology

Thank You! Timothy S. Wachter, Esq. Knox McLaughlin Gornall & Sennett, P.C. 120 West 10th Street Erie, PA 16505 814-459-2800 twachter@kmgslaw.com

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