CHESAPEAKE BAY PROGRAM EXECUTIVE COUNCIL GUNSTON HALL ▪ LORTON, VA ▪ JULY 9, 2012 Strategies To Meet Infrastructure Finance Goals Christopher D.
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CHESAPEAKE BAY PROGRAM EXECUTIVE COUNCIL GUNSTON HALL ▪ LORTON, VA ▪ JULY 9, 2012 Strategies To Meet Infrastructure Finance Goals Christopher D. Pomeroy 1 3-Part Point Source Strategy in Virginia • Shared Financial Commitment – Partial grant funding for Wastewater Plant upgrades • Innovative Regulation – One Watershed General Permit for all dischargers • Market-Based Flexibility – Flexible permittee-led trading with accountability 2 1. Shared Financial Commitment: Water Quality Improvement Grants • Role of the Commonwealth of Virginia – Fund Grants Program through State Budget – Use cash (% of budget surplus, if any) or debt as needed – Reimburse Localities for set % of construction costs • Role of Locality (WWTP Owner) – Plan, design and construct facility upgrade – Operate facility to meet nutrient performance standards – Finance local share (~ 50% to 75% of total project) usually with 20 to 30-year debt 3 Shared Financial Commitment: Investment History • A Reliable State-Local Partnership – 16-year track record (1998-2013) • State Contribution of $744 Million through FY13 – Average of $47 million per year – FY13 Budget adds an above-average $88 million • Locality Contributions (est.) – State grants leveraged ~ $1.5 billion in local funds – Over $2 billion (total) invested 4 2. Innovative Regulation • Watershed General Permit (WGP) – A single permit covers all wastewater treatment plants – Focuses on “significant” facilities first • WGP Set a Common Schedule for All Facilities – Set effective date of Jan. 1, 2007 – Set compliance deadline of Jan. 1, 2011 – Supports stable, predictable regulatory climate • WGP Authorized Use of Trading for Compliance 5 3. Market-Based Flexibility: Point Source Nutrient Trading • Participant-Run Trading Program – Exchange Assn & Members create 5-year trading plan – Member-operated Exchange facilitates most trades – DEQ has oversight authority, but no direct role in trades • Outstanding Results – 75 Owners, 110 Facilities, and 100% compliance – 246,000 N and 77,000 P credits traded and used in 2011 – Total credit value of $1.9 million for 2011 6 Stakeholder Perspective on Keys to This Success • Reliable financial partnerships • Willingness to change old regulatory models • Predictable rules that focus on the big picture • Appropriate flexibility for implementation details • Long-term stable regulatory climate 7 THANK YOU FOR MORE INFORMATION Christopher D. Pomeroy [email protected] www.AquaLaw.com (804) 716-9021 8