July 1997
 Stormwater Fund Work Continues

Speakers at the Annual Conference stressed the need for FASU and its members to remain involved in the revision of the wastewater revolving loan fund so as to include stormwater management facilities. While stormwater facilities were added as permitted uses of the fund last Session, two hurdles remain until the fund is completely opened for stormwater purposes.

First, DEP will soon begin rule-making to implement the provisions of the legislation that passed. Don Berryhill, Chief of the Bureau of Water Facilities Funding at DEP, said that the department will probably establish an advisory committee to assist in the development of implementing rules. He assured the membership that FASU will be well-represented on such a committee.

Rules clarify legislative intent and may set policy. At a minimum, the DEP rule will likely contain a definition of stormwater management facilities and a provision on whether a local government must have an established stormwater utility in order to be eligible to apply for such loans.

The legislation that passed also established a wastewater grant program for small cities. However, it is unclear as to whether stormwater grants are now possible and whether the interest paid on stormwater loans will be deposited into the wastewater grant program.

About $10 million in low-interest loans will be available during the first year of the program's operation.

The second hurdle concerns the next Legislative Session. Henry Dean, Executive Director of the St. Johns River Water Management District, urged the membership to push during 1998 to remove the 10% cap on loans from the fund for stormwater facilities.

He noted that HB 1323 would not have passed without FASU in 1997 and stressed the importance of the association continuing its efforts in 1998.

Stormwater runoff currently accounts for about 85% of surface water pollution in Florida. Federal law allows the fund to be used for a variety of surface water pollution problems but state law has limited its use. Removing the 10% "cap" would allow loans from the program to be allocated to those projects that address the more significant sources of water pollution.