RIALS: Governor Approves Stormwater Utility District

“The essence of lying is in deception, not in words.” ~ John Ruskin

You well remember the October 2022 Debacle That Was the East Baton Rouge Stormwater Fee.

Mayor Broome’s false narratives of an imminent threat of federal action for stormwater non-compliance to EPA standards combined with a false federal non-disclosure agreement were exposed as lies by Representative Garrett Graves. The public was outraged at the fraudulent attempt to create new stormwater utility fees on property owners without voter approval.

On October 26, 2022 the Metro-Council voted unanimously (12-0) to reject Mayor Broome’s proposed stormwater utility district fees of more than $46 million annually to be paid by property owners based upon impermeable areas. All property owners would pay stormwater fees: local governmental entities, state governmental entities, churches, schools, businesses, and residents.

Mayor Broome misused the intent of Act No. 228 signed into law by Governor Edwards on May 31, 2022 that enabled the creation of stormwater utility districts. Representatives Edmonds and Zeringue and Senator Foil confirmed this legislative framework was never intended to serve as a major revenue generator, but rather to mirror the laws and practices of 41 other states to collect small parcel fees to fund the removal of litter and flood causing sediments as a result of heavy storms. Act No. 228 did NOT require voter approval of stormwater utility district fees.

In the 2023 Legislative Session, Representative Rick Edmonds sponsored HB-409 to require voter approval of fees associated with new stormwater utility districts.

“The fees authorized in this Section shall be imposed by resolution of the board. However, any resolution imposing fees shall be adopted only after a proposition authorizing the levy of such fees has been approved by a majority of the electors of the district voting at an election held for that purpose in accordance with the Louisiana Election Code.”

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HB-409 was unanimously approved by the House (103 yeas, 0 nays) and the Senate (37 yeas, 0 nays). Without fanfare or acknowledgment by the local media, Governor Edwards signed HB-409 into law with Act No. 319. Mayor Broome’s political wings have been clipped, and she cannot again attempt to force a stormwater fee on the public without voter approval.

Mayor Broome and City-Parish Attorney Dodson never took personal responsibility for bamboozling the public with false stormwater utility narratives. However, several underling administration staff members fell on their employment swords for Mayor Broome and City-Parish Attorney Dodson:

Separately, a Metro-Council member confirmed the following:

  • Mayor Broome and City-Parish Attorney Dodson permitted Metro-Council members to review unreacted documentation on a computer of emails, phone logs, and text messages associated with their formal October 20th records request. The computer screen reviews included communications between the City-Parish Attorney, the mayor, high ranking members of her staff, and two companies related to the Stormwater Master Plan. Metro-Council members were not permitted to possess hard copies of any documents.
  • No investigation will be conducted to determine the root cause(s) of the false stormwater claims by Mayor Broome and City-Parish Attorney Dodson.
  • The Metro-Council did not vote on Cleve Dunn’s emergency meeting proposal to fire Andy Dodson as City-Parish Attorney. Nor did any Metro-Council member include an agenda item on its regularly scheduled meetings to fire Mr. Dodson as City-Parish Attorney.

Mayor Broome’s upcoming 2024 re-election campaign will answer J. R. Ball’s Business Report article query: “What influential business or community leader wants to stand behind the mayor and back anything she proposes?”

Chris Rials is a Baton Rouge resident and conservative activist.

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