PRINTER'S NO. 1446
No. 207 Session of 2006
INTRODUCED BY VANCE, JUBELIRER, BRIGHTBILL, M. WHITE, MUSTO, WAUGH, WENGER, PICCOLA, GORDNER, ARMSTRONG, MADIGAN, RHOADES, EARLL, THOMPSON AND LEMMOND, JANUARY 3, 2006
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, JANUARY 3, 2006
A RESOLUTION 1 Directing the Department of Environmental Protection to place a 2 moratorium on all actions required of affected entities 3 relating to implementation of the Pennsylvania Chesapeake Bay 4 Tributary Strategy for a period of nine months from the date 5 the adoption of this resolution. 6 WHEREAS, The Chesapeake Bay is the nation's largest estuary, 7 with its watershed spanning 64,000 square miles, including parts 8 of six states and the District of Columbia; and 9 WHEREAS, The Chesapeake Bay is a biologically diverse area 10 that provides habitat for more than 3,600 species of plants, 11 fish and shellfish; and 12 WHEREAS, The Chesapeake Bay has the highest land-to-water 13 ratio of any estuary in the world, allowing the bay to be 14 susceptible to activities that take place on surrounding lands; 15 and 16 WHEREAS, These activities have led to a decline in the 17 overall environmental quality of the Chesapeake Bay including a 18 decline in water clarity, oyster and fish populations and 19 underwater grasses that provide habitat for various species of
1 shellfish; and 2 WHEREAS, The Environmental Protection Agency (EPA) has found 3 through numerous studies of the Chesapeake Bay that excess 4 nutrients from agricultural development, population growth and 5 discharges from wastewater treatment plants along with 6 overharvesting, habitat loss and disease have contributed to an 7 overall decline in the aquatic health and environmental quality 8 of the bay; and 9 WHEREAS, The environmental status of the bay has led the 10 Chesapeake Bay Commission, a tristate legislative assembly 11 comprising Maryland, Pennsylvania, Virginia, the District of 12 Columbia and the EPA, to adopt voluntary agreements to restore 13 the environmental integrity of the bay; and 14 WHEREAS, The Commonwealth has recognized the role it must 15 play in being a contributing partner with the other Chesapeake 16 Bay Commission states in helping to improve the environmental 17 well-being of the bay and has worked diligently over the last 18 two decades to implement programs that will improve the waters 19 of the bay; and 20 WHEREAS, In the most recent voluntary agreement, the 21 participating Chesapeake Bay Commission states established an 22 agenda for environmental improvements to the bay calling for 23 initiatives that will further address restoring vital habitats, 24 water quality and developing sound land use practices that will 25 maintain reduced pollutant loadings for the bay; and 26 WHEREAS, The Department of Environmental Protection has 27 released "Pennsylvania's Chesapeake Bay Tributary Strategy" in 28 response to these initiatives that calls for the reductions of 29 nitrogen, phosphorus and sediment entering the Susquehanna and 30 Potomac River basins and eventually, the Chesapeake Bay; and 20060S0207R1446 - 2 -
1 WHEREAS, These pollutants come from agricultural sources, 2 storm water runoff, wastewater treatment plants, septic systems, 3 forested lands and atmospheric deposition; and 4 WHEREAS, The strategy envisions that major stakeholders, 5 including the agricultural community, local government, 6 individual homeowners, businesses and land developers, will need 7 to contribute more than $8 billion to achieve this pollutant 8 reduction effort by the year 2010; and 9 WHEREAS, The costs associated with corrective actions are not 10 commensurate with available financial resources from the 11 Federal, State or local governments and may require a 12 disproportionate financial burden being placed upon individual 13 citizens, businesses and farmers through increased rates, taxes, 14 fees or new practices; and 15 WHEREAS, Through the course of testimony during public 16 meetings on the strategy in both the Senate and the House of 17 Representatives, a number of issues were raised regarding: 18 (1) the participation of major stakeholders in 19 developing the strategy; 20 (2) whether the chosen activities and expenditures 21 outlined in the strategy represent the best investment of 22 public and private moneys to accomplish overall nutrient 23 reduction goals; 24 (3) the lack of any legislative or regulatory initiative 25 to provide a review and oversight process that ensures 26 adequate public review and comment; and 27 (4) consideration of alternative approaches; 28 and 29 WHEREAS, These public meetings further highlighted the fact 30 that the key elements necessary to facilitate implementation of 20060S0207R1446 - 3 -
1 the strategy in the form of a workable nutrient trading program 2 and a watershed permitting process are not yet fully developed 3 and deployed; and 4 WHEREAS, The Senate support efforts directed to the 5 environmental improvement of the Chesapeake Bay and its 6 surrounding watershed provided those efforts can be clearly 7 demonstrated to yield the environmental benefits sought for the 8 financial resources expended without creating a disproportionate 9 financial burden on the taxpayers of this Commonwealth or 10 sacrificing important and needed economic development projects 11 to move forward; therefore be it 12 RESOLVED, That the Senate direct the Department of 13 Environmental Protection to place a moratorium on all actions 14 required of affected entities relating to implementation of the 15 Pennsylvania Chesapeake Bay tributary strategy for a period of 16 nine months from the date of the adoption of this Resolution; 17 and be it further 18 RESOLVED, That during this period the Department of 19 Environmental Protection be directed to: 20 (1) implement a formal strategy stakeholder process to 21 obtain further input from major stakeholders, the general 22 public and the General Assembly; 23 (2) determine the specific costs associated with 24 implementing various nutrient reduction strategies and their 25 effects upon the various sectors responsible for implementing 26 these strategies; 27 (3) determine the specific environmental benefits 28 associated with each nutrient reduction strategy and the 29 overall effect that these programs will have on improving the 30 water quality of the bay, its tributaries and downstream 20060S0207R1446 - 4 -
1 waters; 2 (4) explore alternatives to the strategy as initially 3 proposed in December 2004; and 4 (5) fully identify whether there are sufficient 5 financial resources to adequately and uniformly implement the 6 possible nutrient reduction strategies that may be needed; 7 and be it further 8 RESOLVED, That the Department of Environmental Protection be 9 directed to report to the Senate the results of the actions 10 taken by the department as directed by this Resolution through a 11 comprehensive revision of the strategy dated December 2004 that 12 shall include a public participation process that ensures full 13 engagement of all impacted stakeholders and the General 14 Assembly. L12L82DMS/20060S0207R1446 - 5 -