Waterkeepers Chesapeake’s policy priorities for the 2022 Maryland, Virginia and Pennsylvania legislative sessions will focus on enforcement, climate, equity and justice, public access, participation and notification, and sustainable local agriculture. Our overarching priority is strengthening states’ implementation of the federal Clean Water Act, which celebrates its 50th anniversary this year (read more about our CWA50 Campaign). As these bills move through the general assemblies, we will share opportunities for you to take action. Follow our social media and sign up for our newsletter to keep up to date.
MARYLAND
Environmental Justice Public Notice: (SB818/HB1200) Sponsors: Sen. Arthur Ellis (District 28), Del. Melissa Wells (District 40) This bill requires an identification and disclosure of existing local pollution sources when a discharge permit is being requested for a new polluting facility, and that this identification be included in the materials provided for public notice and comment. These requirements will provide community members an opportunity to recognize cumulative impacts and inequalities with proposed permits much earlier in the permitting process.
Environmental Enforcement: (SB492/HB649) Sponsors: Sen. Paul Pinsky (District 22), Del. Sara Love (District 16) This bill addresses two significant problems we are facing in Maryland right now: many facilities with significant noncompliance can go on for months and in some instances years, without an enforcement action, and facilities have continued to operate under expired permits for decades. There are 198 of these expired or ”zombie permits” in the state and both environmental and public health suffer due to the failure to modernize pollution controls that are supposed to take place when a permit is renewed. The bill requires additional inspections for facilities in significant non-compliance and administratively-extended (zombie) permits, mandatory penalties, and staffing up of MDE so that they can adequately inspect and enforce as well as clear the permit backlog.
Hydropower (Conowingo) Dam Rent Bill: (Bill pulled by sponsor.) Sponsor: Del. Dana Jones (District 30A), Sen. Stephen Hershey (District 36) This bill requires charging an annual fee to hydroelectric dams for their use of state property, specifically for the storage of sediment. This annual fee will be determined based on the area of use, i.e., the square feet of state property in use by the facility, times a percentage of the property value as determined by the property taxes being paid to Maryland for property in that area. Revenue raised by the annual fee will be provided in grants for aquatic species restoration in the affected area. Additionally, energy companies would be prevented from petitioning PSC to raise rates based on the additional costs of this annual fee.
Bernie Fowler Water Protection Act: (SB367/HB716) Sponsors: Sen. Paul Pinsky (District 22), Del. Mary Lehman (District 21) This bill requires a permanent position on the Patuxent River Commission for the Patuxent Riverkeeper; and set criteria for serving on the commission to ensure appropriate skills and prevent conflicts of interest.
Maryland Environmental Human Rights Amendment: (SB783/HB596) Sponsors: Sen. Will Smith (District 20), Del. Wanika Fisher (District 47B) This proposed constitutional amendment to the Declaration of Rights section of the Maryland Constitution would guarantee that every person, as a matter of basic human dignity, has a fundamental and inalienable right to a healthful, stable environment. It would codify that the State is trustee of Maryland’s natural resources, including its air, lands, waters, wildlife, and ecosystems, for the benefit and enjoyment of both present and future generations. (Learn more) (Factsheets – English & en Espanol)
The George “Walter” Taylor Act: (HB0275/SB273) Sponsors: Sen. Sarah Elfreth (District 30), Del. Sara Love (District 16) This bill restricts the use and disposal of toxic PFAS chemicals. It stops the use of PFAS in firefighting foam, food packaging, and in rugs and carpets. Protects our air and water by banning the mass disposal of these chemicals by incineration and landfilling. (Factsheet) (Take Action)
Other bills we are supporting include climate, equitable access to open space, private drinking water well safety (HB250), plus our Fair Farm Campaign priorities supporting urban agriculture, on-farm composting, and agrivoltaics (read more here).
VIRGINIA
With the shift in political parties in the Virginia Governorship and the House, a main priority will be in preventing rollbacks in environmental, climate resiliency, equity and justice, and public participation policy, including opposing the nomination of Andrew Wheeler as Secretary of Natural Resources and defending citizen boards’ authority.
Testing for Toxic PFAS Chemicals in Drinking Water: (HB1011) Sponsor: Del. Elizabeth Guzman (District 31) This bill will continue the testing of Virginia’s public drinking water for PFAS contamination.
Regulating Aboveground Storage Tanks of Hazardous Substances: (HB899) Sponsor: Del. Alfonso Lopez (District 49) This bill directs the State Water Control Board to regulate aboveground storage tanks that measure more than 250 gallons in capacity and are used to contain hazardous substances other than oil. The bill directs the Board to adopt regulations that establish requirements for registration of tanks. The bill requires corrective action in the event of a discharge of a hazardous substance and notification of certain parties in the event of a release of a regulated substance. The bill creates the Hazardous Substance Aboveground Storage Tank Fund to be used solely for the administration of the bill, and provides for civil penalties.
Harmful Algal Bloom Mitigation: (SB171) Sponsor: Sen. Mark Peake (District 22) This bill directs the Department of Health to develop and implement a harmful algal bloom mitigation plan.
Extended Producer Responsibility for Plastics: (HB647) Sponsor: Del. Betsy Carr (District 69) This bill establishes the Packaging Stewardship Program that requires a producer that sells products with packaging materials to pay a fee based upon the amount of packaging used and whether or not it is easily recyclable. The fees are paid into the Packaging Stewardship Fund and are used to reimburse participating localities for expenses related to recycling, invest in recycling infrastructure and education, and pay program administrative costs. This bill also establishes an advisory council.
Improving Anti-Degradation Policy: (HB393 & HB1228) Sponsor: Del. Rodney Willett (District 73) These bills improve the tools available to the Virginia Department of Environmental Quality (DEQ) and State Water Control Board to analyze impacts to communities from new or increased discharges of effluent into high quality water, and require a baseline analysis of water quality conditions.
Notification of Discharge Violations: (HB959) Sponsor: Del. Kathy Tran (District 42) This bill requires DEQ to disseminate information on all unpermitted discharges unless the discharge is determined to have a de minimis impact on the beneficial uses of state waters.
Consultation with Federally Recognized Tribal Nations: (SB482) Sponsor: Sen. Jennifer McClellan (District 9) This bill requires establishment of policies and procedures for consulting with federally recognized Tribal Nations in the Commonwealth when evaluating certain permits and reviews with potential impacts on environmental, cultural, or historic resources or that would have tribal implications.
We are also supporting budget items that fund an American shad recovery plan, the Virginia Agricultural Cost-Share Program, the Stormwater Local Assistance Fund, combined sewer overflow mitigation, a harmful algae bloom study for the Shenandoah River, and ambient water surveillance near potential PFAS “hotspots” across the Commonwealth.
PENNSYLVANIA
Pennsylvania’s legislative session runs on a different schedule than Maryland and Virginia with sessions throughout the year. Like Virginia, we are tracking and opposing attempts at rollbacks in environmental protections and public participation. One such effort we are opposing is a bill (HB1842/SB545) that would rollback spill reporting requirements and give full authority to the polluting facility to decide if they report a spill to DEP. Legislation that we are supporting that would help fund and meet the goals in Pennsylvania’s amended Phase III Watershed Implementation Plan include:
The Clean Streams Fund (SB 832/HB1901) Sponsors: Sen. Gene Yaw (District 23), Rep. Jonathan Hershey (District 82) This bill proposes $250 million in dedicated funding from the American Rescue Plan (ARP) to create new clean water programs, including the Agricultural Conservation Assistance Program (ACAP), which would provide farmers funding to implement conservation practices on their land.
Growing Greener: (SB525) Sponsor: Sen. John Gordner (District 27) This bill provides more funding for Growing Greener, a successful conservation program tasked with watershed protection and restoration. After years of reduced funding, the bill would infuse $500 million of ARP funds into a third iteration of the Growing Greener program.
Lawn Fertilizer: (SB251) Sponsor: Sen. Gene Yaw (District 23) This bill seeks to implement new standards and regulations on lawn fertilizer application to reduce the overapplication of fertilizers.
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