New Energy Law Includes Stormwater Standard for Federal Development Projects
The Energy Independence and Security Act of 2007 (P.L. 110-140) enacted in December contains a stormwater standard for certain federal projects.
Section 438 of that law, “Storm Water Runoff Requirements for Federal Development Projects,” provides that:
The sponsor of any development or redevelopment project involving a Federal facility with a footprint that exceeds 5,000 square feet shall use site planning, design, construction, and maintenance strategies for the property to maintain or restore, to the maximum extent technically feasible, the predevelopment hydrology of the property with regard to the temperature, rate, volume, and duration of flow.
AGC contacted the U.S. House Transportation and Infrastructure Committee, which has jurisdiction over the stormwater program, as well as the Speaker of the House, Nancy Pelosi (D-Calif.) to voice the Association’s concerns about setting a very troubling precedent that stormwater discharges (not just for the construction of a federal facility) would have to meet predevelopment hydrologic features including temperature, rate, volume, and duration of flow.
AGC will be on the lookout for any federal projects that are designed to meet this new standard and report on any potential for expanding such a provision to other construction work.
For additional information, contact AGC’s Karen Bachman at email@example.com.
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