Strategies for Airports to Reduce Local Stormwater Utility Fees (2018)

Below is the uncorrected machine-read text of this chapter, intended to provide our own search engines and external engines with highly rich, chapter-representative searchable text of each book. Because it is UNCORRECTED material, please consider the following text as a useful but insufficient proxy for the authoritative book pages.

A I R P O R T C O O P E R A T I V E R E S E A R C H P R O G R A M ACRP RESEARCH REPORT 193 2018 Research sponsored by the Federal Aviation Administration Subscriber Categories Aviation • Environment • Finance Strategies for Airports to Reduce Local Stormwater Utility Fees The Cadmus Group Waltham, MA muniCipal & FinanCial serviCes Group (mFsG) Annapolis, MD WesTern KenTuCKy universiTy (WKu) Bowling Green, KY parameTrix Seattle, WA

AIRPORT COOPERATIVE RESEARCH PROGRAM Airports are vital national resources. They serve a key role in trans- portation of people and goods and in regional, national, and interna- tional commerce. They are where the nation’s aviation system connects with other modes of transportation and where federal responsibility for managing and regulating air traffic operations intersects with the role of state and local governments that own and operate most airports. Research is necessary to solve common operating problems, to adapt appropriate new technologies from other industries, and to introduce innovations into the airport industry. The Airport Cooperative Research Program (ACRP) serves as one of the principal means by which the airport industry can develop innovative near-term solutions to meet demands placed on it. The need for ACRP was identified in TRB Special Report 272: Airport Research Needs: Cooperative Solutions in 2003, based on a study spon- sored by the Federal Aviation Administration (FAA). ACRP carries out applied research on problems that are shared by airport operating agen- cies and not being adequately addressed by existing federal research programs. ACRP is modeled after the successful National Cooperative Highway Research Program (NCHRP) and Transit Cooperative Research Program (TCRP). ACRP undertakes research and other technical activi- ties in various airport subject areas, including design, construction, legal, maintenance, operations, safety, policy, planning, human resources, and administration. ACRP provides a forum where airport operators can cooperatively address common operational problems. ACRP was authorized in December 2003 as part of the Vision 100— Century of Aviation Reauthorization Act. The primary participants in the ACRP are (1) an independent governing board, the ACRP Oversight Committee (AOC), appointed by the Secretary of the U.S. Department of Transportation with representation from airport operating agencies, other stakeholders, and relevant industry organizations such as the Airports Council International-North America (ACI-NA), the American Associa- tion of Airport Executives (AAAE), the National Association of State Aviation Officials (NASAO), Airlines for America (A4A), and the Airport Consultants Council (ACC) as vital links to the airport community; (2) TRB as program manager and secretariat for the governing board; and (3) the FAA as program sponsor. In October 2005, the FAA executed a contract with the National Academy of Sciences formally initiating the program. ACRP benefits from the cooperation and participation of airport professionals, air carriers, shippers, state and local government officials, equipment and service suppliers, other airport users, and research organi- zations. Each of these participants has different interests and responsibili- ties, and each is an integral part of this cooperative research effort. Research problem statements for ACRP are solicited periodically but may be submitted to TRB by anyone at any time. It is the responsibility of the AOC to formulate the research program by identifying the highest priority projects and defining funding levels and expected products. Once selected, each ACRP project is assigned to an expert panel appointed by TRB. Panels include experienced practitioners and research specialists; heavy emphasis is placed on including airport professionals, the intended users of the research products. The panels prepare project statements (requests for proposals), select contractors, and provide technical guidance and counsel throughout the life of the project. The process for developing research problem statements and selecting research agencies has been used by TRB in managing coop- erative research programs since 1962. As in other TRB activities, ACRP project panels serve voluntarily without compensation. Primary emphasis is placed on disseminating ACRP results to the intended users of the research: airport operating agencies, service pro- viders, and academic institutions. ACRP produces a series of research reports for use by airport operators, local agencies, the FAA, and other interested parties; industry associations may arrange for workshops, training aids, field visits, webinars, and other activities to ensure that results are implemented by airport industry practitioners. ACRP RESEARCH REPORT 193 Project 02-68 ISSN 2572-3731 (Print) ISSN 2572-374X (Online) ISBN 978-0-309-48000-0 Library of Congress Control Number 2018962585 © 2018 National Academy of Sciences. All rights reserved. COPYRIGHT INFORMATION Authors herein are responsible for the authenticity of their materials and for obtaining written permissions from publishers or persons who own the copyright to any previously published or copyrighted material used herein. Cooperative Research Programs (CRP) grants permission to reproduce material in this publication for classroom and not-for-profit purposes. Permission is given with the understanding that none of the material will be used to imply TRB, AASHTO, FAA, FHWA, FMCSA, FRA, FTA, Office of the Assistant Secretary for Research and Technology, PHMSA, or TDC endorsement of a particular product, method, or practice. It is expected that those reproducing the material in this document for educational and not-for-profit uses will give appropriate acknowledgment of the source of any reprinted or reproduced material. For other uses of the material, request permission from CRP. NOTICE The research report was reviewed by the technical panel and accepted for publication according to procedures established and overseen by the Transportation Research Board and approved by the National Academies of Sciences, Engineering, and Medicine. The opinions and conclusions expressed or implied in this report are those of the researchers who performed the research and are not necessarily those of the Transportation Research Board; the National Academies of Sciences, Engineering, and Medicine; or the program sponsors. The Transportation Research Board; the National Academies of Sciences, Engineering, and Medicine; and the sponsors of the Airport Cooperative Research Program do not endorse products or manufacturers. Trade or manufacturers’ names appear herein solely because they are considered essential to the object of the report. Published research reports of the AIRPORT COOPERATIVE RESEARCH PROGRAM are available from Transportation Research Board Business Office 500 Fifth Street, NW Washington, DC 20001 and can be ordered through the Internet by going to http://www.national-academies.org and then searching for TRB Printed in the United States of America

The National Academy of Sciences was established in 1863 by an Act of Congress, signed by President Lincoln, as a private, non- governmental institution to advise the nation on issues related to science and technology. Members are elected by their peers for outstanding contributions to research. Dr. Marcia McNutt is president. The National Academy of Engineering was established in 1964 under the charter of the National Academy of Sciences to bring the practices of engineering to advising the nation. Members are elected by their peers for extraordinary contributions to engineering. Dr. C. D. Mote, Jr., is president. The National Academy of Medicine (formerly the Institute of Medicine) was established in 1970 under the charter of the National Academy of Sciences to advise the nation on medical and health issues. Members are elected by their peers for distinguished contributions to medicine and health. Dr. Victor J. Dzau is president. The three Academies work together as the National Academies of Sciences, Engineering, and Medicine to provide independent, objective analysis and advice to the nation and conduct other activities to solve complex problems and inform public policy decisions. The National Academies also encourage education and research, recognize outstanding contributions to knowledge, and increase public understanding in matters of science, engineering, and medicine. Learn more about the National Academies of Sciences, Engineering, and Medicine at www.national-academies.org. The Transportation Research Board is one of seven major programs of the National Academies of Sciences, Engineering, and Medicine. The mission of the Transportation Research Board is to increase the benefits that transportation contributes to society by providing leadership in transportation innovation and progress through research and information exchange, conducted within a setting that is objective, interdisciplinary, and multimodal. The Board’s varied committees, task forces, and panels annually engage about 7,000 engineers, scientists, and other transportation researchers and practitioners from the public and private sectors and academia, all of whom contribute their expertise in the public interest. The program is supported by state transportation departments, federal agencies including the component administrations of the U.S. Department of Transportation, and other organizations and individuals interested in the development of transportation. Learn more about the Transportation Research Board at www.TRB.org.

C O O P E R A T I V E R E S E A R C H P R O G R A M S CRP STAFF FOR ACRP RESEARCH REPORT 193 Christopher J. Hedges, Director, Cooperative Research Programs Lori L. Sundstrom, Deputy Director, Cooperative Research Programs Michael R. Salamone, Manager, Airport Cooperative Research Program Joseph D. Navarrete, Senior Program Officer Hana Vagnerova, Senior Program Assistant Eileen P. Delaney, Director of Publications Natalie Barnes, Associate Director of Publications Heidi Willis, Editor ACRP PROJECT 02-68 PANEL Field of Environment Susan Aha, Port of Portland, Portland, OR (Chair) Jaime Bauer, Virginia Department of Environmental Quality, Richmond, VA Bess Foret, Lafayette Consolidated Government, Lafayette, LA Rohini Kumarage, City of Austin (TX) Department of Aviation, Austin, TX Chris R. Read, City of Scottsdale—Scottsdale Airport, Scottsdale, AZ Satyamangalam D. Satyamurti, Arlington, TX Eva D. Vargas, City of Cleveland, Mayor’s Office of Capital Projects, Division of Engineering & Construction, Cleveland, OH Tim A. Pohle, Airlines for America Liaison Christine Gerencher, TRB Liaison

This ACRP Research Report offers airports guidance in managing the stormwater-related utility fees that many local governments charge to help finance their capital and operating expenses. The report will equip airport decision makers and practitioners with the infor- mation they need to effectively engage with local utilities and to identify, evaluate, and implement strategies for managing stormwater fees based on their unique situation. U.S. airports are experiencing a trend of local governments charging and increasing fees to operate and maintain stormwater infrastructure. These trends are having a growing impact on airport budgets. Airports face unique challenges (e.g., FAA sponsor assurances, extensive impervious areas, inability to receive credits due to safety concerns) that limit the implementation of common fee reduction practices. Research was needed, therefore, to help airport sponsors develop strategies to manage these stormwater utility fees and to recover costs. The research, led by the Cadmus Group, began with a literature review and identification of knowledge gaps. The research team then facilitated focus groups and interviews with air- ports and utilities to collect information on current practice and lessons learned within the industry. In-depth interviews were conducted, and case studies were developed. Each case study focused on an airport with experience managing these fees. Throughout the study, the research team was careful to include the perspectives of airports, stormwater utilities, and local government to ensure a balanced approach. The findings were used to develop a preliminary draft guidebook that was then reviewed by participating airports. The feedback from industry was then incorporated into the final version. The guidebook helps airport industry practitioners identify potential stormwater utility fee management options based on the size and type of airport, its governance structure, amount of impervious area, land use, stormwater management techniques, and local stormwater management policies. Example strategies include credit programs, parcel consolidation, recovering fees via tenant lease agreements, negotiating with stormwater utilities, advocating for exemptions, and establishing an independent stormwater utility. The guide is designed to help airports communicate and collaborate with local stormwater utilities. A set of appendices supplement the guide by providing regulatory context, example stormwater fee and credit calculations, tools to prepare for a stormwater fee, and methods to track fees and credits. F O R E W O R D By Joseph D. Navarrete Staff Officer Transportation Research Board

ix Acronyms 1 Introduction How to Use This Guidebook 3 Chapter 1 Understanding Stormwater Fees at Airports 3 1.1. What Are Stormwater Utilities? 3 1.2. Why Do Local Governments Establish Stormwater Utilities? 4 1.3. How Many Stormwater Utilities Are in the United States? 4 1.4. Where Are Stormwater Utilities Located and Where Are Airports Affected? 5 1.5. What Are Stormwater Fees? 5 1.6. How Are Stormwater Fees Determined? 5 1.7. How Is a Stormwater Utility Established? 7 1.8. How Is a Stormwater Utility Operated and Managed? 7 1.9. What Are Common Stormwater Fee Structures? 12 1.10. What Are Stormwater Fee Credits? 12 1.11. How Do Stormwater Regulations Apply to Airports? 12 1.12. How Can Airports Mitigate Stormwater Fees? 14 1.13. What Are the Challenges for Airports? 18 Chapter 2 Strategies for Fee Mitigation for Airports Anticipating Stormwater Fees 18 2.1. Staying Informed about Stormwater Utility Developments 20 2.2. Communicating about Stormwater Utilities 23 2.3. Advocating for Your Organization—Local Agency Positioning 29 2.4. Incorporating Increased Stormwater Management into Future Airport Planning 30 2.5. Advocating for Governing and Enabling Law—State Level 31 2.6. Tools for Airports Anticipating Stormwater Fees 33 Chapter 3 Strategies for Fee Mitigation for Airports Paying Stormwater Fees 33 3.1. Understanding the Local Utilities and the Fees Assessed 34 3.2. Facility/Infrastructure Related Strategies 40 3.3. Fee Recovery 41 3.4. Awareness, Outreach, and Communication Strategies at the Local Level 43 3.5. Governing and Enabling Law—State Level 47 3.6. Tools for Airports Paying Stormwater Fees 49 References and Further Reading 51 Case Studies: Strategies for Reducing Local Stormwater Fees for Airports 51 Case Study of Airport A 54 Case Study of Airport B 57 Case Study of Airport C 59 Case Study of Airport D C O N T E N T S

63 Appendix A Understanding the Regulatory Context 68 Appendix B Example Calculations of Stormwater Fees and Credits 72 Appendix C Tools to Prepare for a Stormwater Fee 75 Appendix D Tracking Stormwater Fees 77 Appendix E Tracking Credits Note: Photographs, figures, and tables in this report may have been converted from color to grayscale for printing. The electronic version of the report (posted on the web at www.trb.org) retains the color versions.

A C R O N Y M S ALP Airport Layout Plan ASCE American Society of Civil Engineers BMP Best management practice CGP Construction general permit CIP Capital improvement program CSO Combined sewer overflow CSS Combined sewer system EPA United States Environmental Protection Agency ERU Equivalent residential unit FAA Federal Aviation Administration GIS Geographic information systems GSI Green stormwater infrastructure MOU Memorandum of Understanding MS4 Municipal Separate Storm Sewer System NEORSD Northeast Ohio Regional Sewer District NPDES National Pollutant Discharge Elimination System O&M Operation and Maintenance REF Residential equivalent factor ROS Record of survey SASO Specialized aviation service operator SFR Single-family residence SMP Sustainability Master Plan SPCC Spill Prevention, Control, and Countermeasure SWPPP Stormwater pollution prevention plan WKU Western Kentucky University