With support from hundreds of people like you, Waterkeepers Chesapeake and our member Waterkeepers work on priority legislation every year to protect clean water and our communities, stop toxic contamination, ensure accountability and public rights, and advance environmental justice. In the Maryland and Virginia legislative sessions, we saw some success and challenges for our priority bills.
MARYLAND
Clean Water Justice Act (SB653 / HB1101) PASSED! The Clean Water Justice Act, the top priority for the Maryland Waterkeepers and conservation community, was a huge win for access to justice. Sponsored by Sen. Malcolm Augustine and Del. Sara Love, the Act restores justice after the U.S. Supreme Court’s Sackett v EPA decision last year removed Clean Water Act protection for intermittent and ephemeral streams and most wetlands. That decision essentially eliminated the public’s right under the Clean Water Act to bring a lawsuit against polluters of those types of waterways. While Maryland has strong laws protecting wetlands and waterways, the public does not have a right under state law to enforce clean water protections. This bill sets a national precedent by restoring that right under state law, allowing communities to file lawsuits for illegal pollution discharges in these waterways. Learn more.
Protecting State Waters From PFAS Pollution (SB956 / HB1153) PASSED! Sponsored by Sen. Katie Fry Hester and Del. Sara Love, the bill requires the Department of the Environment (MDE) to identify significant industrial users that use PFAS chemicals by October 1, 2024, develop PFAS monitoring and testing criteria by January 1, 2025, and develop PFAS action levels and mitigation plans by June 1, 2025. Other bills targeting PFAS contamination that passed include HB1147, sponsored by Del. Michele Guyton, prohibiting PFAS in playground surface materials, and HB457, sponsored by Del. Mary Lehman, requiring a producer or seller of synthetic turf, a source of PFAS and other contaminants, to disclose maintenance practices and costs for removing, replacing, and disposing of synthetic turf, and requiring MDE to conduct a study on the synthetic turf industry and report findings by July 1, 2026.
Industrial Sludge Utilization Permit (SB1074 / HB991 ) PASSED! Sponsored by Sen. Justin Ready and Del. Sara Love, this bipartisan bill establishes a permit program for the application of industrial sludge to be administered by the Department of Agriculture. This material that’s left over from industrial protein (chicken, fish, etc.) rendering has been over applied on Eastern Shore fields, causing water pollution and a public health threat.
Other bills that passed included mapping submerged aquatic vegetation zones, protecting Critical Areas, and improving access to the pay-for-performance funding program. Issues to continue in the 2025 include reducing plastic pollution (Bottle Bill), addressing disposal of toxic coal ash, and regulating data centers.
VIRGINIA
Governor Youngkin has made a historic and unprecedented amount of amendments and vetoes on General Assembly legislation. Of the 65 priority conservation bills that passed the legislature, the Governor vetoed 15 bills, amended 16 bills, and signed 34 bills into law. Some bills that passed but were vetoed include tree canopy programs and regulation of above ground storage tanks. In addition, the Governor and the General Assembly could not agree on the budget which means a special session will convene in mid-May to create a new budget. This left many important budget items in question, such as funding for the Agriculture Cost Share program, wastewater treatment plant and CSO upgrades, a pay-for-performance pilot program, and establishment of an Office of Resilience.
Monitoring PFAS and Establishing Advisory Council (SB243 / HB1085) SIGNED! Sponsored by Senators McPike and Marsden and Delegates Bulova and Rasoul, this bill will require a PFAS assessment where monitoring for PFAS at Virginia’s public drinking water systems demonstrates an exceedance of EPA’s draft maximum contaminant level of 4 micrograms per trillion. As part of the PFAS assessment, the Department of Environmental Quality (DEQ) will require testing, using EPA-approved methods for upstream discharges such as industrial facilities and water treatment plants. DEQ will establish a PFAS Advisory Committee to review data and make recommendations on PFAS.
Groundwater and Surface Water Withdrawal Permits (SB581) SIGNED! Sponsored by Sen. Richard Stuart, this bill authorizes DEQ to use comprehensive groundwater, surface water, and aquifer data in its decision-making processes when issuing and renewing groundwater withdrawal permits and surface water withdrawal permits.
Other bills signed include establishing a work group to study the establishment of a local market for invasive blue catfish, prohibiting cyanide in mining operations, and banning toxic coal tar pavement sealant.
We made some good progress – even passing precedent-setting legislation – and, with your help and support, we’ll continue crafting and passing critical legislation that makes real differences in people’s lives and safeguard our precious water resources.
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