Department of the Treasury Internal Revenue Service
Public Charity Status and Public Support
Complete if the organization is a section 501(c)(3) organization or a section
4947(a)(1) nonexempt charitable trust.
Attach to Form 990 or Form 990-EZ. See separate instructions. Information about Schedule A (Form 990 or 990-EZ) and its instructions is at www.irs.gov/form990.
OMB No. 1545-0047
2013
Open to Public Inspection
Name of the organization
BAY AREA STORMWATER MANAGEMENT AGENCIES ASSOCIATION
Employer identification number
26-4061031
Part I
Reason for Public Charity Status
(All organizations must complete this part.) See instructions.
The organization is not a private foundation because it is: (For lines 1 through 11, check only one box.)
1
2
3
4
5
section 170(b)(1)(A)(iv). (Complete Part II.)
6
7
8
9
receipts from activities related to its exempt functions—subject to certain exceptions, and (2) no more than 331/3% of
its support from gross investment income and unrelated business taxable income (less section 511 tax) from businesses
acquired by the organization after June 30, 1975. See section 509(a)(2). (Complete Part III.)
10
11
e
By checking this box, I certify that the organization is not controlled directly or indirectly by one or more disqualified persons other than foundation managers and other than one or more publicly supported organizations described in section 509(a)(1) or section 509(a)(2).
f
If the organization received a written determination from the IRS that it is a Type I, Type II, or Type III supporting organization, check this box
..................................................
g
Since August 17, 2006, has the organization accepted any gift or contribution from any of the following persons?
(i) A person who directly or indirectly controls, either alone or together with persons described in (ii)
Yes
No
and (iii) below, the governing body of the supported organization?
................
11g(i)
(ii)
A family member of a person described in (i) above?
......................
11g(ii)
(iii)
A 35% controlled entity of a person described in (i) or (ii) above?
................
11g(iii)
h
Provide the following information about the supported organization(s).
(i) Name of supported organization
(ii) EIN
(iii) Type of organization (described on lines 1- 9 above or IRC section (see instructions))
(iv) Is the organization in col. (i) listed in your governing document?
(v) Did you notify the organization in col. (i) of your support?
(vi) Is the organization in col. (i) organized in the U.S.?
(vii) Amount of monetary support
Yes
No
Yes
No
Yes
No
Total
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990EZ.
Cat. No. 11285F
Schedule A (Form 990 or 990-EZ) 2013
Schedule A (Form 990 or 990-EZ) 2013
Page 2
Part II
Support Schedule for Organizations Described in Sections 170(b)(1)(A)(iv) and 170(b)(1)(A)(vi) (Complete only if you checked the box on line 5, 7, or 8 of Part I or if the
organization failed to qualify under Part III. If the organization fails to
qualify under the tests listed below, please complete Part III.)
Section A. Public Support
Calendar year (or fiscal year beginning in)
(a) 2009
(b) 2010
(c) 2011
(d) 2012
(e) 2013
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") ....
732,978
774,038
440,936
670,009
1,102,887
3,720,848
2
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf.......
3
The value of services or facilities furnished by a governmental unit to the organization without charge..
4
Total. Add lines 1 through 3
732,978
774,038
440,936
670,009
1,102,887
3,720,848
5
The portion of total contributions by each person (other than a governmental unit or publicly supported organization) included
on line 1 that exceeds 2% of the amount shown on line 11, column (f)..
3,003,988
6
Public support. Subtract line 5 from line 4.
716,860
Section B. Total Support
Calendar year
(or fiscal year beginning in)
(a) 2009
(b) 2010
(c) 2011
(d) 2012
(e) 2013
(f) Total
7
Amounts from line 4..
732,978
774,038
440,936
670,009
1,102,887
3,720,848
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources...
5,954
5,478
3,337
1,837
424
17,030
9
Net income from unrelated business activities, whether or not the business is regularly carried on..
10
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)..
11
Total support (Add lines 7 through 10).
3,737,878
12
Gross receipts from related activities, etc. (see instructions)
..................
12
13
First five years.
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here.................................................
Section C. Computation of Public Support Percentage
14
Public support percentage for 2013 (line 6, column (f) divided by line 11, column (f))
.........
14
19.180 %
15
Public support percentage for 2012 Schedule A, Part II, line 14
...............
15
16a
33 1/3% support test—2013.
If the organization did not check the box on line 13, and line 14 is 33 1/3% or more, check this box
and stop here. The organization qualifies as a publicly supported organization
.......................
b
33 1/3% support test—2012.
If the organization did not check a box on line 13 or 16a, and line 15 is 33 1/3% or more, check this
box and stop here. The organization qualifies as a publicly supported organization
.....................
17a
10%-facts-and-circumstances test—2013.
If the organization did not check a box on line 13, 16a, or 16b, and line 14
is 10% or more, and if the organization meets the "facts-and-circumstances" test, check this box and stop here. Explain
in Part IV how the organization meets the "facts-and-circumstances" test. The organization qualifies as a publicly supported
organization
.....................................................
b
10%-facts-and-circumstances test—2012.
If the organization did not check a box on line 13, 16a, 16b, or 17a, and line
15 is 10% or more, and if the organization meets the "facts-and-circumstances" test, check this box and stop here.
Explain in Part IV how the organization meets the "facts-and-circumstances" test. The organization qualifies as a publicly supported organization
................................................
18
Private foundation.
If the organization did not check a box on line 13, 16a, 16b, 17a, or 17b, check this box and see
instructions
.....................................................
Schedule A (Form 990 or 990-EZ) 2013
Schedule A (Form 990 or 990-EZ) 2013
Page 3
Part III
Support Schedule for Organizations Described in Section 509(a)(2) (Complete only if you checked the box on line 9 of Part I or if the organization
failed to qualify under Part II. If the organization fails to qualify under
the tests listed below, please complete Part II.)
Section A. Public Support
Calendar year (or fiscal year beginning in)
(a) 2009
(b) 2010
(c) 2011
(d) 2012
(e) 2013
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") .
2
Gross receipts from admissions, merchandise sold or services performed, or facilities furnished in any activity that is related to the organization's tax-exempt purpose......
3
Gross receipts from activities that are not an unrelated trade or business under section 513..
4
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf...
5
The value of services or facilities furnished by a governmental unit to the organization without charge..
6
Total. Add lines 1 through 5.
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
b
Amounts included on lines 2 and 3 received from other than disqualified persons that exceed the greater of $5,000 or 1% of the amount on line 13 for the year.
c
Add lines 7a and 7b..
8
Public support (Subtract line 7c from line 6.)
Section B. Total Support
Calendar year (or fiscal year beginning in)
(a) 2009
(b) 2010
(c) 2011
(d) 2012
(e) 2013
(f) Total
9
Amounts from line 6...
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
c
Add lines 10a and 10b.
11
Net income from unrelated business activities not included in line 10b, whether or not the business is regularly carried on.
12
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)
..
13
Total support. (Add lines 9, 10c, 11, and 12.)..
14
First five years.
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here.............................................
Section C. Computation of Public Support Percentage
15
Public support percentage for 2013 (line 8, column (f) divided by line 13, column (f))
.........
15
16
Public support percentage from 2012 Schedule A, Part III, line 15
...............
16
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2013 (line 10c, column (f) divided by line 13, column (f))
......
17
18
Investment income percentage from 2012 Schedule A, Part III, line 17
.............
18
19a
33 1/3% support tests—2013.
If the organization did not check the box on line 14, and line 15 is more than 33 1/3%, and line 17 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
........
b
33 1/3% support tests—2012.
If the organization did not check a box on line 14 or line 19a, and line 16 is more than 33 1/3% and line 18 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
.....
20
Private foundation.
If the organization did not check a box on line 14, 19a, or 19b, check this box and see instructions
.....
Schedule A (Form 990 or 990-EZ) 2013
Schedule A (Form 990 or 990-EZ) 2013
Page 4
Part IV
Supplemental Information.
Provide the explanations required by Part II, line 10; Part II, line 17a or 17b; and Part III, line 12. Also complete this part for any additional information. (See instructions).
Facts And Circumstances Test
THE ASSOCIATION IS A CONSORTIUM OF THE SAN FRANCISCO BAY AREA MUNICIPAL STORMWATER PROGRAMS AND REPRESENTS 96 AGENCIES, INCLUDING 84 CITIES AND SEVEN COUNTIES. THE ASSOCIATION IS FOCUSED ON REGIONAL CHALLENGES AND OPPORTUNITIES TO IMPROVING THE QUALITY OF STORMWATER THAT FLOWS TO OUR LOCAL CREEKS, SAN FRANCISCO BAY AND DELTA, AND THE OCEAN WHICH BENEFIT THE OVERALL GENERAL PUBLIC.THE ASSOCIATION WAS AWARDED A $5,000,000 GRANT FROM THE ENVIRONMENTAL PROTECTION AGENCY FOR FOUR YEARS COMMENCING ON JULY 1, 2010 TO PROTECT AND RESTORE THE WATER QUALITY OF THE SAN FRANCISCO BAY AND ITS WATERSHEDS THROUGH COMPREHENSIVE WATERSHED MANAGEMENT. THE PROJECT FOCUSES ITS ACTIVITIES IN WATERSHEDS THAT ARE CONTRIBUTING PCBS AND OTHER POLLUTANTS TO THE BAY. THE ASSOCIATION HAS VARIOUS OTHER PROGRAM WHICH ARE SUPPORTED THROUGH OTHER GOVERNMENT SUPPORTED GRANTS.EACH YEAR BASMAA COLLECTS DUES FROM ITS MEMBERS FOR A "BASELINE" PROGRAM. THE BASELINE PROGRAM PROVIDES FOR STAFF (EXECUTIVE DIRECTOR) AND FINANCES BASELINE PROJECTS (I.E., PROJECTS ENDORSED BY ALL MEMBER STORM WATER PROGRAMS). IN ADDITION, TWO OR MORE OF THE MEMBER PROGRAMS, OR OTHER ORGANIZATIONS, AGREE TO CONTRIBUTE ADDITIONAL FUNDS TO DO "TASKS OF REGIONAL BENEFIT." THIS OPTION ALLOWS REGIONAL OR SUBREGIONAL PROJECTS TO GO FORWARD ABSENT A UNANIMOUS ENDORMENET BY THE SEVEN MEMBER PROGRAMS.TYPICALLY, THE BASMAA BOARD AND FOUR COMMITTEES MEET MONTHLY ON A REGULAR SCHEDULE TO SHARE INFORMATION, DISCUSS ISSUES, AND MANAGE PROJECTS AND PROGRAMS. BASMAA DOES SOME PROJECTS AND PROGRAMS IN-HOUSE USING BASMAA STAFF AND VOLUNTEER TIME FROM STAFF OF THE MEMBER STORM WATER PROGRAMS. IN OTHER CASES, BASMAA HIRES CONSULTANTS TO CARRY OUT NEW PROJECTS AND PROGRAMS.ALONG WITH ITS MEMBER PROGRAMS, BASMAA HAS BEEN GRAPPLING WITH HOW TO IMPLEMENT THE STORM WATER REGULATIONS, WHICH CUT ACROSS TYPICAL DEPARTMENTAL BOUNDARIES, PROGRAMS, AND LINES OF COMMUNICATION. TO DO SO, THESE PROGRAMS HAVE USED ESSENTIALLY A WATERSHED APPROACH INVOLVING AS MANY STAKEHOLDERS AS POSSIBLE AND BUILDING CONSENSUS. NOW BASMAA AND SOME OF ITS MORE MATURE NPDES PERMITTED PROGRAMS ARE EXPANDING THE ENVELOPE TO DEAL WITH AGENCIES, ISSUES, AND PROGRAMS THAT ARE ONE STEP REMOVED FROM THOSE THAT THEY INITIALLY FOCUSED ON. THIS MODEL ALLIANCE THAT INITIALLY FOCUSED ON URBAN STORM WATER IS NOW: -WORKING WITH THE REGIONAL AIR QUALITY DISTRICT IN LINKING AIR QUALITY TO WATER QUALITY. -WORKING TO STRENGTHEN THE INTEGRATION OF STORM WATER AND WASTEWATER. -WORKING WITH TRADE ASSOCIATIONS TO DEVELOP PRACTICAL INDUSTRIAL/COMMERCIAL WATER QUALITY PROGRAMS. -WORKING WITH RURAL-FOCUSED AGENCIES AND PROGRAMS IN THE UPPER WATERSHEDS.
Explanation
Schedule A (Form 990 or 990-EZ) 2013
Additional Data
Software ID:
Software Version:
-
TIN:
SCHEDULE O (Form 990 or 990-EZ)
Department of the Treasury Internal Revenue Service
Supplemental Information to Form 990 or 990-EZ
Complete to provide information for responses to specific questions on
Form 990 or to provide any additional information.
Attach to Form 990 or 990-EZ.
Information about Schedule O (Form 990 or 990-EZ) and its instructions is at
www.irs.gov/form990.
OMB No. 1545-0047
2013
Open to Public Inspection
Name of the organization
BAY AREA STORMWATER MANAGEMENT AGENCIES ASSOCIATION
Employer identification number
26-4061031
Return Reference
Explanation
FORM 990, PART VI, SECTION A, LINE 6
MEMBERS MAY ELECT ONE OR MORE MEMBERS OF THE GOVERNING BODY, BUT BASMAA IS NOT CONSIDERED A MEMBERSHIP ORGANIZATION.
FORM 990, PART VI, SECTION A, LINE 7A
THE ORGANIZATION HAS MEMBERS, STOCKHOLDERS, OR OTHER PERSONS WHO MAY ELECT ONE OR MORE MEMBERS OF THE GOVERNING BODY. ALL REGULAR MEMBERS SHALL HAVE THE RIGHT TO VOTE, AS SET FORTH IN BASMAA'S BYLAWS, ON THE ELECTION OF DIRECTORS DURING THE ANNUAL MEETING, DIRECTORS SHALL BE ELECTED OR THE RESULT OF THE ELECTION PRESENTED IF WRITTEN BALLOT ELECTIONS ARE HELD BY MAIL OR EMAIL IN ADVANCE OF THIS MEETING AND OTHER PROPER BUSINESS MAY BE TRANSACTED.
FORM 990, PART VI, SECTION B, LINE 11
THE FORM 990 IS REVIEWED BY BASMAA'S GOVERNING BODY DURING THE BOARD OF DIRECTORS MEETINGS.
FORM 990, PART VI, SECTION B, LINE 12
THE ORGANIZATION HAS NOT FOLLOWED ITS POLICY FOR FISCAL YEAR 2014 THAT ALL MEMBERS OF THE BOARD MUST ANNUALLY PROVIDE A DISCLOSURE REGARDING ANY CONFLICT OF INTEREST, ADDITIONALLY, ANY MEMBER OF THE BOARD MUST OBTAIN THE FULL BOARD'S APPROVAL BEFORE ENTERING INTO A NEW MATERIAL FINANCIAL TRANSACTION THAT IS REASONABLY FORSEEABLE AS POSING A CONFLICT TO BASMAA. BOARD APPROVAL MAY BE GRANTED IF A MAJORITY OF THE MEMBERS CONCLUDE: 1. THE PROPOSED TRANSACTION IS FOR THE CORPORATION'S OWN BENEFIT, 2. THE PROPOSED TRANSACTION IS FAIR AND REASONABLE TO BASMAA, AND 3. BASMAA CANNOT OBTAIN IN A MORE ADVANTAGEOUS ARRANGEMENT WITH REASONABLE EFFORTS UNDER THE CIRCUMSTANCES. ANY BOARD MEMBER IS DISQUALIFIED IF A TRANSACTION OR RELATIONSHIP PREVENTS THE MEMBER FROM APPLYING DISINTERESTED SKILL AND UNDIVIDED LOYALTY TO BASMAA. THE ORGANIZATION HAS FOLLOWED ITS POLICY FOR FISCAL YEAR 2015 THAT ALL MEMBERS OF THE BOARD MUST ANNUALLY PROVIDE A DISCLOSURE REGARDING ANY CONFLICT OF INTEREST --- SECURING SUCH DISCLOSURES FROM ALL MEMBERS OF THE BOARD AND ALL COMMITTEE CHAIRS IN JULY 2014.
FORM 990, PART VI, SECTION B, LINE 15A
INDEPENDENT BOARD MEMBERS DETERMINE THE COMPENSATION FOR THE EXECUTIVE DIRECTOR, BASED ON COMPARABLE COMMUNITY POSITIONS.
FORM 990, PART VI, SECTION C, LINE 19
GOVERNING DOCUMENTS, CONFLICT OF INTEREST POLICY, AND FINANCIAL STATEMENTS ARE MADE AVAILABLE FOR PUBLIC INSPECTION UPON WRITTEN REQUEST. PRIOR YEAR INFORMATION RETURNS (FORM 990) ARE AVAILABLE FOR PUBLIC INSPECTION ON THE GUIDESTAR WEBSITE LOCATED AT WWW.GUIDESTAR.ORG
FORM 990, PART IX, LINE 11G
CONTRACTOR AND PROFESSIONAL FEES: PROGRAM SERVICE EXPENSES 2,285,524. MANAGEMENT AND GENERAL EXPENSES 0. FUNDRAISING EXPENSES 0. TOTAL EXPENSES 2,285,524.
FORM 990, PART XII, LINE 2C:
THE ORGANIZATION HAS FORMED AN AUDIT COMMITTEE IN JULY 2014 THAT HAS ASSUMED RESPONSIBILITY FOR OVERSIGHT OF THE AUDIT OF FISCAL YEAR 2014. THE BOARD SELECTED THE INDEPENDENT AUDITORS AS THERE WAS NO AUDIT COMMITTEE AT THE TIME OF SELECTION.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.