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DEL.ICIO.USWhen a lobbyist just won’t do: Atlanta’s fight to keep its water system intact
The Atlanta Journal-Constitution
Ordinarily, a politically astute and well-connected person, when she sees legislation at the state Capitol mushrooming against her interests, will go out and hire yet another lobbyist.
Lobbyists are like shoes to women or power tools to men. You can’t have too many, and if the spare you pick out doesn’t fit one occasion, it might do for another.
But Mayor Shirley Franklin of Atlanta is not ordinary. Instead of a lobbyist, she has enlisted a federal judge in her fight — a decisive, perhaps even preemptive tactic.
Much like bringing a Glock to a knife fight.
Eight months ago, along partisan lines, the Republican-controlled state Senate passed S.B. 306. The Greater Fulton Water Authority Act now lies with a House committee, theoretically available for debate when the Legislature reconvenes in January.
The measure is sponsored by David Shafer of Duluth, who has been part of the effort to free Republicans north of Atlanta from the domination of a Democratically controlled Fulton County.
Right now, the city of Atlanta currently supplies water to most of unincorporated and newly incorporated Fulton County, often at slightly higher rates than city residents pay.
S.B. 306 would allow the establishment of a rival water and sewer authority to become “the primary supplier of water and sewer utilities” outside Atlanta. Even if that means appropriating Atlanta-owned water and sewer lines — at a fair price, of course.
The object, argues Shafer, is to give local consumers more control over what they pay for water.
But as this drought has revealed, water systems throughout Georgia— not just in Atlanta — provide essential streams of cash to local governments. (Pun very much intended.)
On Nov. 2, attorneys for the city of Atlanta appeared before U.S. District Court Judge Thomas Thrash, who for the last 10 years has overseen the lawsuit that has forced Atlanta to spend billions of dollars to clean up the water that it puts back into the Chattahoochee River.
The city attorneys made two points. First, if S.B. 306 passes, it could undercut the city of Atlanta’s customer base, and thus jeopardize Atlanta’s ability to pay for the repairs required by the lawsuit’s consent decree.
Secondly, the lawyers pointed out the humor that can be found in Section 309E of the federal Clean Water Act. If a state action — a piece of legislation, say — undermines a city’s financial ability to comply with a judgment, then that state is required to pick up the tab.
The state of Georgia would have to pay for the reconstruction of Atlanta’s water and sewer system.
You can read the transcript of the hearing by clicking here.
But let us point out some strong thoughts expressed by Judge Thrasher. It’s clear that he’s become a major fan of Mayor Franklin.
“Frankly, I expected excuses, delays, obstruction, incompetence. And under Mayor Franklin’s administration, non of that’s happened. The works been done. It’s been done on time, I think pretty much done within budget. And it really is a remarkable accomplishment,” Thrash said.
“So the final thing I will say is that I will exercise every power I have to provide the city with whatever it takes to finish the job,” the judge said. “If it means enjoining legislation, I will do it. If it means imposing financial liability on the state of Georgia, I will do it….
“I don’t want to get into any conflict with the state of Georgia or the Georgia General Assembly, but I have just got to have everybody understand that I am going to do what I have to do to see that the city finishes this job,” Thrasher said.
We talked to Shafer, the sponsor of the bill. He disputes the financial impact that S.B. 306 would have on the city of Atlanta and its sewer repairs.
But Shafer also concedes the bill is not likely to move forward. House Speaker Glenn Richardson has classified S.B. 306 as local legislation, which would require approval by two-thirds of the Fulton County delegation for passage.
But if the Speaker changes his mind, and S.B. 306 does proceed, there’s a judge who could be waiting at the other end. With more to say about the legislation than any lobbyist ever could.
Comments
By ATL
November 29, 2007 4:04 PM | Link to this
Don’t tread on me!