Water Main Break Renews Unease Over WSSC Leadership

Water Main Break Renews Unease Over WSSC Leadership

The water main break that flooded River Road in Bethesda, stranded commuters and caused widespread service disruptions last month has renewed calls from state legislators to improve oversight of the utility that serves 1.8 million customers in Montgomery and Prince George's counties.

As the leaders of Montgomery's legislative delegation prepare for the General Assembly session that begins next week in Annapolis, they are exploring ways to overhaul governance of the Washington Suburban Sanitary Commission, which has a long history of political infighting and struggles to fix an aging infrastructure.

"We need a functional, efficiently operating WSSC that does not get bogged down in parochial political squabbles," said Del. Brian J. Feldman (D-Montgomery), who leads the county's House delegation. "We won't be able to make prudent investments because every attempt to do so is going to be met with some type of resistance."

The utility is overseen by six commissioners, three each appointed by Prince George's County Executive Jack B. Johnson (D) and Montgomery County Executive Isiah Leggett (D). Commissioners often divide along county lines, with four votes needed to make any decision.

For more than six months, for instance, commissioners have been unable to reach consensus in the search for a general manager.

In past years, legislators have tried to intervene and restructure the bicounty utility, but their efforts failed in part because of disagreements between lawmakers from the two jurisdictions. Feldman said he and Senate delegation Chairman Richard S. Madaleno Jr. (D-Montgomery) have discussed creating a mechanism for breaking a tie among commissioners that would not require passage of legislation.

Under one scenario, Feldman suggested that the governor appoint someone, such as a Cabinet secretary, to vote to break a tie. The attorney general's office, Feldman said, is reviewing whether such a fix could be accomplished without legislation.

"The pipe break shows there is a tremendous need to have a WSSC that has the wherewithal to take the steps necessary to get the revenue we need, so we don't have repeats of this on a monthly basis," Feldman said.

Commissioners balked in February at charging customers a $20-a-month fee to fund widespread pipe replacement. They had approved the plan preliminarily, but after resistance from the public, the Prince George's representatives withdrew support, saying a flat fee was unfair to low-income customers.

Last month's water main break, which was shown extensively on national television, was the third major disruption to a WSSC pipeline in the past six months. In the days after the River Road flood, Leggett and Johnson pledged to work together.

Leggett cautioned against a legislative effort, saying this week that any changes would require a partnership with Prince George's leaders. "You're not going to change the governance unless you have a collaborative approach," he said.

Even as Leggett urged cooperation on the region's water woes, he has pressed the county's legislative delegation to "draw a line in the sand" when it comes to protecting the state's teacher pension system. Leggett said lawmakers should not accept changes to the formula for funding local teacher pensions to help close the state budget shortfall. In fiscal 2008, the state paid $125 million for Montgomery teacher retirement.

"I'm saying no to all of it," Leggett said. "You don't go in assuming you have to play defense. We're going to play offense."

That message, however, was at odds with statements from Senate President Thomas V. Mike Miller Jr. (D-Calvert), who warned a recent gathering of Montgomery leaders that there "would have to be some adjustments." The state is facing a projected budget gap of nearly $2 billion for fiscal 2010, and legislators have no appetite for raising taxes.

On the legislative front, Montgomery's lawmakers have drafted a wide range of local bills that touch on subjects such as property taxes, speed cameras and campaign finance laws. A bill sponsored by Del. Alfred C. Carr Jr. (D) would allow the County Council to set different tax rates on commercial and residential property.

Carr, who has the support of labor unions and civic leaders, said the measure would give the council more flexibility to balance the budget. He cited state tax data that show the share of the county property tax base paid by homeowners has increased over the past six years to 79 percent.

Opponents, including the Montgomery County Chamber of Commerce, contend that the bill would put the county's businesses at a competitive disadvantage with neighboring jurisdictions in Maryland and in other states and that the legislation sends a "negative message" to business during a fiscal crisis.