Legislative Overview: What's In It for Our Watershed?

There’s a whole host of Bay-related action floating around out there this legislative season. Here’s a quick run down and some links for more info:

On the Federal level, Senator Ben Cardin (D-MD) and Representative Elijah Cummings (D-MD) have introduced the Chesapeake Clean Water and Ecosystem Restoration Act of 2009 (S. 1816, H.R. 3852 respectively). This proposed legislation been called “game-changing” many, many times. If passed, it would help strengthen the enforcement of pollution laws which already exist in the Bay region and make finalize what is loosely called the Bay’s pollution budget, which is also known as the Total Maximum Daily Load (TMDL). States would have to create “Watershed Implementation Plans” to meet their TMDLs.

It is hoped that the Act would help to increase the regional approach to Bay pollution problems by increasing uniform enforcement measures. At one public meeting about the Bay in Annapolis this summer, for example, a citizen pointed out that if Maryland were to “stick its neck out and enforce the regulations already on the books,” they’d simply chase all the poultry producers next door to Delaware or Virginia. It is hoped that a regionally consistent approach would eliminate some of these problems. This law would likely also cause a shift from voluntary pollution reduction measures to mandatory ones, a shift that many say is desperately needed on all levels.

In a press release about the new bill last fall, Environment Maryland’s Tommy Landers explained it this way: “First, states would have to enforce limits on all polluters, including the developers and agribusinesses that account for the majority of the bay's pollution. Second, the EPA would have to withhold federal funding and finish the job themselves whenever polluters miss their marks.”


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On the state level, Bay advocates are gearing up for a fight with developers which would also target pollution, but in a whole different way -- by reducing stormwater run-off and strengthening efforts to better contain it.

First, there are rumors afloat that the Stormwater Management Act of 2007 may face sudden challenges from developers. Although it went into effect in three years ago,
most of the real impact of its policy changes won’t take effect until about the middle of 2010.

The Act requires developers to use a Environmental Site Design (ESD) to the greatest extent possible in construction of both new and redevelopment projects. ESD includes:

- Optimizing conservation of natural features, such as drainage patterns, soils, and vegetation;
- Minimizing use of impervious surfaces, such as pavement, concrete channels, roofs, and pipes;
- Slowing down and holding runoff to maintain discharge timing, increase infiltration, and allow evapotranspiration; and
- Other nonstructural practices and innovative technologies (e.g., impervious surface disconnections, rain barrels, green roofs, rain gardens)

In a mean game of “spin” some in the pro-development camp are saying that the Act could cause more suburban sprawl because, they contend publicly, the cost of making stormwater improvements in existing communities would be too large. (As an example, you can check out this article the Wash Post ran earlier this month.)


Anything that looks like it would encourage sprawl has become unpopular with voters in many parts of Maryland, and that kind of negative press work might just take a foothold with those who are unfamiliar with what the actual Act says and does. But this kind of argument also begins to sound pretty suspicious when you realize that these same development groups fought Smart Growth proposals so strongly and deliberately only a few short years ago. It is odd to hear many of these same groups “lament” anything that might add to sprawl.

(To read about a bill that has been introduced which would directly hit at the Stormwater Act, you can check out this update from the Associated Press, as printed in the Washington Times.)

To counter this negative attack, environmental groups in the lower, more urban watersheds of Montgomery and Prince George’s County have gone on the counter offensive, pointing out that ignoring updates in the older neighborhoods could become an issue of environmental justice. Many of the more urbanized watershed areas are already the hardest hit by stormwater flooding and pollution which occurs when new developments are made upstream. Poorly designed redevelopment on their own streets will only add to such problems.

In response to the negative media and some anticipated attacks on the already established watershed Act, more than a dozen environmental organizations have also asked their members to contact their state legislators to say they support tough stormwater regulations. Such support, it is hoped, would cover any attempts to knock at the Stormwater Act of 2007 while also showing support for what has loosely labeled the “Good Stormwater Bill.”

This so-called “Good Stormwater Bill” is being championed by Senator Jamie Raskin (D- Montgomery County) and Delegates Tom Hucker (D- Montgomery County) and Jon Cardin (D-Baltimore County). Using a system similar to what is already in effect in Montgomery County and many smaller municipalities in the state, the new law would mandate that all counties in Maryland adopt an impervious surface fee. The money collected would then be used to address an estimated $20 billion dollar backlog of water-related infrastructure needs. It might also encourage a reduction in impervious surface, which has grown exponentially throughout the Chesapeake Bay watershed in the last few decades.

I’ve already blogged in the past about the Bag Bill, which was introduced by Al Carr. There’s a similar bill now being worked through the Virginia legislature. Public support seems to be growing for particular idea of charging a fee for disposable shopping bags in my part of Montgomery County, although it is unclear to me how it will fare with leaders from other parts of the state and over in the Old Dominion.

A new litter bill has also been introduced this week by Al Carr, which would essentially make reporting litter violations easier. Several small watershed groups which have worked tirelessly on reducing trash in the Potomac and Anacostia watersheds immediately voiced support.