Bill to exempt school systems from stormwater runoff fees washes out in Tennessee Senate

NASHVILLE - Sen. Todd Gardenhire's effort to exempt Tennessee school systems from paying local government stormwater runoff fees washed out Monday in the Senate Energy, Agriculture and Natural Resources Committee.

The bill failed on a 3-3 vote with several members not voting.

Gardenhire, R-Chattanooga and a member of the Education Committee, said "it just doesn't make sense" for Chattanooga city government to charge the fees to the Hamilton County Schools system.

State and local money for education should be used for that, Gardenhire said, noting Hamilton County Schools pays between $350,000 and $375,000 annually to the city. Bradley County's schools pay $19,000 annually to Bradley County government, while Cleveland city schools pay $13,000 to Cleveland city government.

Chattanooga, like any number of cities across the state and U.S., charges property owners the fees for water runoff as it seeks to comply with state and federal water pollution laws.

Steve Mason, an engineer and member of the Tennessee Stormwater Association, told committee members that, if enacted, the measure would boost stormwater fees on other property owners to make up the difference as local governments seek to pay for state and federal clean water mandates.

In 2012, Chattanooga officials entered into a consent decree with the federal Environmental Protection Agency under which the city paid a $476,400 civil fine and agreed to spend an estimated $250 million to eliminate unauthorized overflows of untreated raw sewage flowing into the Tennessee River, which serves as the city's primary water source.

While Gardenhire's bill didn't pass the committee, it isn't completely underwater. If the senator can convince a majority of the nine-member committee to say yes, the measure could resurface.

In other legislative action on Monday:

* Senate Energy Committee members approved a bill prohibiting the Tennessee Department of Conservation and Environment from outsourcing the management, operation and preservation of Tennessee state parks - including buildings, facilities, structures or improvements - to private contractors and companies.

The vote comes as Gov. Bill Haslam's administration renews plans to outsource operation of Fall Creek Falls State Park in rural Van Buren and Bledsoe counties. The proposed request for proposals combines the demolition of the park's existing inn and construction of a new one with $22 million in state funds.

The contract also includes the outsourcing of hospitality services.

A number of lawmakers and state employees have objected and predict Haslam will seek to outsource similar parks with inns, restaurants, golf courses, cabins and other amenities.

"I just don't believe we need to outsource it to a private company. I think studies show that we do not save money outsourcing to private companies," said Sen. Sara Kyle, D-Memphis, who cosponsored the bill with Senate Minority Leader Lee Harris, D-Memphis.

The bill comes up later this week in a House panel.

* The House voted 95-0 Monday night to send to the governor a bill restricting state politicians from putting campaign funds into anything but banks and credit unions.

Rep. Gerald McCormick, R-Chattanooga, sponsored the bill, which came about as the result of former Rep. Jeremy Durham, R-Franklin, who was ousted by the House last year on allegations he sexually harassed female workers at the state Capitol.

Questions were also raised about Durham's investment of campaign funds during Tennessee Attorney General Herbert Slatery's investigation into the harassment allegations against Durham.

Durham invested money from his campaign and political action committee in a company tied to controversial GOP donor and anti-Islamist activist Andrew Miller.

Contact Andy Sher at asher@timesfreepress.com or 615-255-0550. Follow him on Twitter @AndySher1.

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