This bill would allow the governing bodies of all counties and municipalities in the state which are now or may hereafter be specifically designated in 40 C.F.R. Part 122, including but not limited to, any revisions promulgated by the Environmental Protection Agency (EPA) in conjunction with any expansion of the agency's municipal separate storm sewer system program or by the Alabama Department of Environmental Management (ADEM) pursuant to the authority delegated to it under the Clean Water Act, 33 U.S.C. Section 1251 et seq., the authority to carry out the requirements of the municipal separate storm sewer system program.
This bill would provide the governing bodies with the option to establish intercooperative public corporations for efficient compliance with applicable federal and state laws, rules, and regulations relating to storm water discharges into municipal separate storm sewers.
This bill would:
1 expressly limit the jurisdictional scope of certain local storm water management programs.
2 permit regulation of only those sites discharging storm water into a program's municipal separate storm sewer system.
3 acknowledge EPA's "maximum extent practicable" standard applicable to its municipal separate storm sewer system program.
4 require adherence by each county of the tenets of Section 111.05 of Article IV of the Constitution of Alabama of 1901, and the limited authorities of self-governance conferred upon counties pursuant to Chapters 3 and 3A of Title 11 of the Code of Alabama 1975.
5 expressly limit the substantive scope of certain local storm water management programs.
6 clearly delineate the type of fees, charges, or assessments a governing body and/or certain public corporations levy and from whom such fees, charges, or assessments shall be levied.
7 exempt discharges originating from any lands and/or facilities owned and/or operated by one or more entities under the jurisdiction and supervision of the Alabama Public Service Commission from regulation under any local storm water management program and declare that such discharges shall be regulated exclusively by ADEM.League Action and Justification: Oppose.
Among other concerns all local oversight is removed by this bill and there is no post construction review.
The bill weakens the ability of localities to manage storm water pollution by requiring them to rely on ADEM as much as possible and expressly limits them to only what is absolutely required to satisfy the Clean Water Act and not any interpretations provided by EPA. Also, entities regulated by the PSC are only to be regulated by ADEM. (There has been a request to EPA for over a year to remove ADEM from authority over permitting because of their inability to perform.)
None of the changes improve the bill from the localities' point of view. Ward's amendment makes it clear that Alabama Power construction is to be regulated by ADEM. .
Further, any commission non-jurisdictional electric supplier, as defined by Section 37-4-140, whose service area extends beyond the boundaries of a single municipal or county jurisdiction shall be exempted from the regulation of electrical transmission-related construction activities under any local storm water management program and shall be regulated exclusively by ADEM.”Bill Progress in Legislature: 02/13/2014:
First Reading and referred to the
03/05/2014: 2nd Read and placed on the calendar with 1 Substitute (158969-2); pending 3rd Read and Favorable from E&NR with 1 Substitute.03/19/2014:
3rd Reading Passed; E&NR 1st Substitute (158969-2) Offered; Ward motion to Adopt adopted by Roll Call (26-0-0); Ward Amendment (160309-1) Offered; Ward motion to Adopt adopted by Roll Call (26-0-0); Motion to Read a 3rd Time and Pass adopted by Roll Call (26-0-0); EngrossedHouse:03/19/2014:
Read for the first time and referred to the
3/20/2014: 2nd Read and placed on the calendar; pending 3rd Read and Favorable rom C&SB04/03/2014: 3RD Reading Passed; Motion to Read a 3rd Time and Pass Adopted by Roll Call (74-23-0)
04/03/2014: Passed 2nd House; Enrolled
04/03/2014: Signature Requested; Delivered to Governor at 7:15 p.m. on April 3, 2014