Previous Bill - Create the Storm Water Management Commission
Revised Bill - Create the Metropolitan Storm Water Management Commission
In doing so, the following proposed commission members were removed
*Representative appointed by Director of NDEQ
*Representative appointed by Director of NDNR
The following proposed commission members were added
*Representative of the Revenue Committee
*Representative of NRD Board Member in the Metropolian Class City
The final report date for the commission is now proposed as December 1, 2011
Senator Heath Mello described the situation causing the need for this bill as "an economic crisis" in Omaha and for Nebraska. The focus fo the revised bill has been squarely placed on the rate structure of the $1.7 Billion dollar, 15-year sewer separation Long Term Control Plan costs. As an Omaha World Herald article previously laid out, the current rate plan is going to put 5% of the total cost of the Plan on the backs of 29 "major industrial users" through flow charges and customer charges avereging $3 Million apiece over 15 years. They are asking for any solutions that shift the cost more equitably.
Senators continually asked the Proponents of the Bill (7) what they were asking of the Legislature, if this was a funding issue for the City of Omaha, and if they were asking for money from the State. Everyone knows, the State doesn't have open purse strings right now, so "what would be the outcome of such a study." Or as Senator Christensen put it, "what are you asking the Legislature to tell the City of Omaha to do? They have to have leadership in this matter. What are you asking us to provide?" Senator Langemeier (Chairman) made it abundantly clear that there better be a good reason to commit his time to this Commission and there better be some definate outcomes. Industries in attendance, including lobbiest Julia Plucker, agreed that approving the Commission would provide good assurance that everyone was working together to find the best solutions.
It took two-hours for the discussion to come around to the fact that this study might include considering the stormwater user fee, stormwater tax, stormwater utility (whatever you want to call it) which some Senators remembered from previous years. In case they didn't, the City of Omaha provided the last version that went to the Urban Affaris Committee in 2007. One outcome of the study, could be a revisitation of why the State Legislature may or may not be inclined to enable legislation for municipalities to charge stormwater user fees.
There were no Opponents to the Bill. Three individuals provided Neutral testimony. These included the Car Lot contingent who could smell "the tired stormwater bill" from a mile away and wanted to remind the Committee that "this is a sewer separation bill, not a stormwater bill." NeFSMA was represented to state simply that, "the implications of this study could have impacts beyond the City of Omaha." As Marty Grate and Steve Oltmans had alluded during thier response to testimony questions, Omaha would be open to looking at the stormwater utility enabling legislation once again that would allow billing property a fee based on impervious surface area contributing to the storm drain system. This would impact the many MS4s in Nebraska and I felt that point needed to be made known. Finally, the Nebraska Cattleman Lobby testified that the increased cost of meat packing in Omaha would put their "Beef Epicenter of the World" mantra in difficult straights. The Senators were ready for a break and asked no questions of the Neutral testifiers.
Just to make it clear, NeFSMA does not testify for or against legislation and we did not do so today. Today, we were in the room and our presence and interest in the purpose and outcome of the proposed study was made known. Legislative Aid - Trevor Fitzgerald - will be keeping NeFSMA aprised of new developments. The Committee is getting ready to debate priority bills, so the future of this one is unclear. As Senator Mello put it today, "there are many ways to get this Emergency Bill through the legislative process." So with that, we'll keep you updated on the latest news for LP 683 AM 738 as it unfolds.
The AM 738 Text
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