Clean Water Legislative Priorities for 2023

Every year, Waterkeepers Chesapeake works with our Waterkeepers across the region on critical clean water legislative priorities. This year, Maryland and Virginia’s general assemblies are off to a dynamic start. In Maryland, there is a new feeling of optimism with Governor Wes Moore’s administration. For several issues, we now expect to work with the Maryland Department of the Environment and other agencies on improving enforcement, enacting regulatory reforms, and advocating for increased budgets for adequate agency staffing. Some of our remaining legislative priorities include issues such as strengthening regulation of polluted stormwater from construction sites, eliminating sources of PFAS (the “forever chemical”), putting the responsibility of plastic pollution on the producers, and reducing dirty sources of energy in the Renewable Portfolio Standard. In Virginia, the legislative climate is different with a divided government. Much of our work is in defending the progress made, and opposing rollbacks in pollution protections and weakened public participation or open government processes.

MARYLAND

Construction Stormwater Permits: SB471 / HB607 This bill will exclude  large sites that are located in sensitive areas like a floodplain or wetland from the general permit, and will require an individual discharge permit instead. The general permit does not typically provide much protection on its own. In addition, the bill will establish a new mandatory penalty for construction without a permit and make it a violation to have construction pollution runoff from the site, holding developers liable for the damage caused.

Producer Responsibility to Reduce Packaging: HB284 / SB222 The bill establishes a framework in which producers set up incentive systems to reward the packaging lowest in volume and highest in recyclability, and sets a 25% reduction target for covered packaging materials within 5 years of a needs assessment. Importantly, the bill includes public oversight and transparency for that process. In addition, the Post Consumer Recycled Content Program bill (HB342) will require producers of certain plastic containers that are sold, offered for sale, or distributed in Maryland to meet minimum post consumer recycled content requirements.

PFAS in Pesticides:  SB158 / HB319 This bill will phase out the use of pesticides in Maryland that contain PFAS, per- or polyfluoroalkyl substances, and require manufacturers of mosquito control products to be PFAS-free, beginning January 1, 2024. As of January 1, 2026, manufacturers of all pesticides must provide testing to prove the pesticide is PFAS-free.

Reclaim Renewable Energy Act: SB590 / HB718 The bill will eliminate polluters like trash incineration and utility-scale biogas from the Renewable Portfolio Standard, so those subsidies can support real renewable energy like wind and solar instead.

VIRGINIA

It’s already “halftime” at Virginia’s General Assembly, with crossover day having passed in early February. Several bills that would have protected waterways and communities from PFAS, plastic, and pavement sealants containing a high polycyclic aromatic hydrocarbon have been defeated or weakened. Bills that we are tracking and opposing include attempts to extend the deadline for Watershed Implementation Plans from 2025 to 2028 or 2030 (SB1129 / HB 1485) and a bill that would eliminate erosion and sediment controls for clearcutting forests (HB2282). In addition, we are tracking bills that involve the construction of massive data centers which we believe are poorly sited and regulated (SJR240).

The current biennial budget includes over a billion dollars for clean water. We want to keep that funding in place. In addition, we’re supporting budget amendments that further fund successful nutrient pollution reduction programs. Our priority clean water funding programs include:

  • Virginia’s Agricultural Cost-Share Program, which gives farmers the funds they need to implement best practices on their farms to reduce pollution.
  • The Wastewater Nutrient Removal Program to upgrade wastewater treatment facilities and remaining Combined Sewer Overflow (CSO) systems.
  • The Stormwater Local Assistance Fund, a local matching grant program to assist localities with stormwater infrastructure projects.
  • The Regional Greenhouse Gas Initiative, which limits carbon dioxide from the power sector; we oppose any attempts to redirect RGGI funds away from the designated Community Flood Preparedness Fund or Low Income Energy Efficiency Program.

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