Critics Say California City Instituted 'Illegal' Stormwater Fee
By Sara Jerome,
@sarmje
Critics are alleging that Modesto, CA, violated state law by "hiding a secret storm water fee" in a water rate increase, according to The Modesto Bee.
Timothy Bittle, director of legal affairs at Howard Jarvis Taxpayers Association, an anti-tax group, said the city’s action appears to have been “illegal.”
“There should have been a (separate) vote on the storm drain fee,” agreed Redding attorney Walter McNeill, per the Bee.
City Attorney Adam Lindgren defended Modesto’s actions. “We believe there was adequate disclosure,” he said, per the report.
California's proposition 218, a constitutional amendment, mandates that residents be given a chance to weigh in on taxes, fees, and charges waged by local government. It also mandates that authorities disclose what the fees are for.
“Modesto did that for the water component of its 2016 increase. But no mention of the stormwater component appeared in information sent to property owners. Neither did it surface when the Modesto City Council reviewed and approved the price hike last summer,” The Modesto Bee reported.
“A stormwater cost showed up in a consultant’s study justifying the water rate increase, but said nothing about a then-private plan to charge water customers for storm drainage, and to pass that money to the Modesto Irrigation District,” the report said.
The city says its actions are in bounds. State law allows cities to avoid additional voter approval for stormwater fees if reclaimed water is put to beneficial use.
“The city claims that the beneficial-use loophole should apply. In addition to canals carrying away rainwater, Modesto relies on numerous rock wells, or deep wells filled with rocks, to capture water after storms, allowing it to seep into the ground. City crews maintaining rock wells prevent dirty storm water from contaminating the aquifer, the theory goes. The city’s attorneys approved the nexus,” the Bee reported, citing utilities director Will Wong.
The rate hike approved last year ushered in a steep bill increase for Modesto residents.
“Monthly water bills for the typical Modesto single-family home will rise from $41.77 to as much as $73.81 in the next five years,” The Modesto Bee reported at the time.
To read more about how utilities communicate with ratepayers visit Water Online’s Consumer Outreach Solutions Center.