Environment Committee
JOINT FAVORABLE REPORT
Bill No.: HB-6497
Title: AN ACT CONCERNING STORMWATER AUTHORITIES.
Vote Date: 3/12/2021
Vote Action: Joint Favorable
PH Date: 3/3/2021
File No.:
Disclaimer: The following JOINT FAVORABLE Report is prepared for the benefit of the
members of the General Assembly, solely for purposes of information, summarization and
explanation and does not represent the intent of the General Assembly or either chamber
thereof for any purpose.
SPONSORS OF BILL:
Rep. David Michel, 146th Dist.
Rep. Dorinda Borer, 115th Dist.
REASONS FOR BILL:
Municipalities can not afford the cost to comply with the General Permit for the discharge of
Stormwater from Small Municipal Separate Storm Sewer Systems (MS4 General Permit).
Proposed legislation allows municipalities to create stormwater authorities to generate
revenue to address the associated costs of MS4 General Permit Costs.
RESPONSE FROM ADMINISTRATION/AGENCY:
Kevin Dillon, Executive Director, Connecticut Airport Authority
The Connecticut Airport Authority (CAA) opposes HB6497. CAA runs six airports across the
state and complies with Department of Energy and Environmental Protection requirements
for stormwater runoff from impermeable surfaces. CAA revenues are down 80% over the last
six months reported and no exemptions for state or quasi-public agencies, CAA cannot afford
the cost under HB6497.
The CAA feels that paying for a fee to maintain an unutilized municipal stormwater system
constitutes unlawful revenue diversion.
NATURE AND SOURCES OF SUPPORT:
Michael Hayden, First Selectman, Town of Granby
Towns face fiscal challenges; the state must provide municipalities with reliable streams of
revenue to fund the delivery of services to follow federal and state mandates.
M. Randall Collins Jr., Advocacy Manager, Connecticut Council of Municipalities
Regressive property tax accounts for 40% of all taxes collected in the state but is undermined
by mandated property tax exemptions. The need for local revenue diversification is
continuously debated. HB9497 provides a fair measure to enable municipalities to raise
funds target at stormwater runoff and meeting cost and requirements of MS4.
Fees established by a Stormwater authority is subject to the local municipality and
establishes a process by the owner may appeal the fee for which they are charged. The
process equivalent to how an assessor and zoning board of appeals works.
Nathan Frohling, Director or External Affairs, The Nature Conservancy
Stormwater Authorities are an effective and local tool to address stormwater problems.
Protection and mitigation from stormwater runoff protect our local waterways and Long Island
Sound, as is done in New London.
A municipality can assess stormwater needs, study and plan, then implement the required
project. Fees collected by the Stormwater authority are small in comparison to the problem.
Those with large impervious surfaces would pay the most, and there is an incentive to reduce
their runoff by capturing and filtering the runoff.
Bill Lucey, Soundkeeper, Save the Sound
Stormwater runoff pollutes Connecticut's lakes, streams and estuaries from oil, fertilizer and
chemicals. The only way to address the issue is to redirect stormwater flow where it will
leach back into the ground trapping the pollutants. Good stormwater practices on a large
scale can reduce local flooding and tidal backwatering.
Creation of a municipal stormwater authority is a transparent process with an entire
community decision to clean Connecticut's waters. HB6497 continues to exclude portions
considered farmland or open space and defines enabling legislation considers a municipality.
Betsy Gara, Executive Director, Connecticut Council of Small Towns
Compliance with MS4 General Permit, reissued in 20107, is complex. MS4 Permit requires
extensive financial outlay for capital equipment, staff, contractors and legal support. Several
states have allowed municipalities to establish stormwater authorities.
Covid-19 has created even more uncertain economic challenges for municipalities.
Authorization of municipalities to create a stormwater authority would create a dedicated
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funding source to address permit compliance and address stormwater issues that threaten
Connecticut's waterways.
The Environment Committee received in excess of seven more testimonials in support of HB
6497.
NATURE AND SOURCES OF OPPOSITION:
Connecticut Hospital Association
HB6497 authorizes a municipal stormwater authority to levy a property fee on property
owners approved by the municipal legislative body. HB6497 removes taxable property
limitation and applies to all interests in real property.
Under an agreement between hospitals and the Connecticut (signed December 19, 2019),
the state agreed not to impose any new tax or modify any tax exemptions effective the date
of the agreement. To avoid any conflict with the agreement, it is suggested the limitation of
taxable real property be re-instated or exclude hospital owned property.
Home Builders & Remodelers Association of Connecticut
The Home Builders & Remodelers Association of Connecticut (HBRA-CT) provides too much
power to municipalities. Some "unscrupulous actors" have shirked their responsibilities for
fair housing obligations and may use their additional powers to prevent the development of
dense multi-family housing.
The additional bureaucracy creates new fees, time length, and increased costs,
"exacerbating Connecticut's affordability housing crisis".
Sara LeMaster, Manager of Government Relations and Public Policy, Community
Health Center Association of Connecticut
HB6497 requires health centers that are currently exempt from taxation to pay a municipal
service fee. The services reduce funds away from the services that health centers offer to
Connecticuts communities. Community health centers address many issues within the
community, reduction of resources reduces access to care.
Jeff Shaw, Senior Director of Public Policy & Advocacy, The Alliance
HB6497 makes current tax-exempt property owned by nonprofits subject to the stormwater
authority fee. Increased demand for services on nonprofits, though nonprofits have been
underfunded for decades, the stormwater authority fee diverts funding for critical needs and
services.
Many nonprofits contract with the state to provide services, the stormwater fee paid to the
municipality is reallocation of money paid by the state to the municipality. Additional concern
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is that donor want money to go to people for services, not fees. Finding and retaining donors
new donors is a current challenge and will increase that challenge in the future.
Reported by: Steve Smith Date: 3/23/2021
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Statutes affected:
Raised Bill:
ENV Joint Favorable:
File No. 205: