Agenda 11-02-23; 4-a - Resolution Endorsing Consensus Principles II for Revised Falls Lake Rules

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Af� 59 • Fee increases to provide resources for this action would be large in most jurisdictions and very large in some. Increasing taxes and fees is already challenging, and approved rates are often less than originally proposed. Increased funding through additional taxes and fees could not be expected to provide the staffing levels needed. This approach also transfers the cost of maintenance to all rate payers, including low-income households. The jurisdictions operating the local government stormwater programs (inspections, education, maintenance, and enforcement), indicate the current approach is the most efficient way to handle SCMs operation and maintenance. For these reasons,the UNRBA does not recommend transferring stormwater systems into utilities operated by the local governments. Program Administration Preliminary discussions by the UNRBA members and its advisors are leaning toward establishment of a watershed organization (to be named later). This "Watershed Organization" would include the local governments and utilities that currently comprise the UNRBA as well as other potential partners as described above. Formation of a Watershed Organization would occur as outlined in State law (NCGS 143-214.14). To allow for administration of the Program(s) managed by this organization, it would likely need to register with the State of NC and adopt Bylaws to establish the governance of the Watershed Organization and administer the revised nutrient management strategy. The State of NC would need to delegate authority to the Watershed Organization to implement the revised strategy. Establishing a Watershed Organization to coordinate compliance provides a clear line of communication with the membership and the regulatory agency. The Collaboratory is funding a study to examine the legislative requirements and operational constraints that may apply to the Watershed Organization. As the rules revision process proceeds, the UNRBA will be working with the Collaboratory, Mr. McLawhorn,the UNRBA legal group, and UNRBA's legal advisor to ensure that State and Federal statutory and regulatory requirements are met. The Bylaws of the Watershed Organization will need to address the following elements: • Organizational structure including committees • Voting and decision making • Annual administrative dues • Adding members to the program Member resignation and termination - members that resign or are terminated will need to make arrangements with DWR to demonstrate compliance under an alternate framework; it will be the responsibility of the member leaving the program to contact DWR and to determine the actions they need to take to meet these requirements Revisions to minimum annual investment amounts • Joint-funding of special projects) • Definition of Tier 1 and Tier 2 members; flexibility to add additional member tiers as the program evolves Participation in the Program will need to be confirmed by the Bylaws of the Watershed Organization, adoption of the program document for the revised strategy, and submission of a resolution of commitment by the members of the Watershed Organization. 40