PRINTER'S NO. 3309
No. 539 Session of 2005
INTRODUCED BY NAILOR, ADOLPH, FEESE, ARGALL, GABIG, GRELL,
MARSICO, BAKER, BALDWIN, BUNT, CAUSER, CIVERA, CLYMER,
CORNELL, CREIGHTON, DENLINGER, DiGIROLAMO, ELLIS, FAIRCHILD,
FORCIER, GEIST, GILLESPIE, GINGRICH, GODSHALL, HERMAN,
HERSHEY, HESS, HUTCHINSON, M. KELLER, KILLION, LEH,
MACKERETH, MAITLAND, MAJOR, McILHINNEY, McNAUGHTON, MICOZZIE,
MILLARD, R. MILLER, NICKOL, PERZEL, PETRI, PHILLIPS, PICKETT,
QUIGLEY, RAPP, ROSS, RUBLEY, SATHER, SAYLOR, SEMMEL,
S. H. SMITH, SONNEY, R. STEVENSON, T. STEVENSON, WATSON, WILT
AND ZUG, DECEMBER 13, 2005
INTRODUCED AS NONCONTROVERSIAL RESOLUTION UNDER RULE 35,
DECEMBER 13, 2005
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
1 WHEREAS, These activities have led to a decline in the
2 overall environmental quality of the Chesapeake Bay including a
3 decline in water clarity, oyster and fish populations and
4 underwater grasses that provide habitat for various species of
5 shellfish; and
6 WHEREAS, The Environmental Protection Agency (EPA) has found
7 through numerous studies of the Chesapeake Bay that excess
8 nutrients from agricultural development, population growth and
9 discharges from wastewater treatment plants along with
10 overharvesting, habitat loss and disease have contributed to an
11 overall decline in the aquatic health and environmental quality
12 of the bay; and
13 WHEREAS, The environmental status of the bay has led the
14 Chesapeake Bay Commission, a tristate legislative assembly
15 comprising Maryland, Pennsylvania, Virginia, the District of
16 Columbia and the EPA, to adopt voluntary agreements to restore
17 the environmental integrity of the bay; and
18 WHEREAS, The Commonwealth has recognized the role it must
19 play in being a contributing partner with the other Chesapeake
20 Bay Commission states in helping to improve the environmental
21 well-being of the bay and has worked diligently over the last
22 two decades to implement programs that will improve the waters
23 of the bay; and
24 WHEREAS, In the most recent voluntary agreement, the
25 participating Chesapeake Bay Commission states established an
26 agenda for environmental improvements to the bay calling for
27 initiatives that will further address restoring vital habitats,
28 water quality and developing sound land use practices that will
29 maintain reduced pollutant loadings for the bay; and
30 WHEREAS, The Department of Environmental Protection has
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1 released "Pennsylvania's Chesapeake Bay Tributary Strategy" in
2 response to these initiatives that calls for the reductions of
3 nitrogen, phosphorus and sediment entering the Susquehanna and
4 Potomac River basins and eventually, the Chesapeake Bay; and
5 WHEREAS, These pollutants come from agricultural sources,
6 storm water runoff, wastewater treatment plants, septic systems,
7 forested lands and atmospheric deposition; and
8 WHEREAS, The strategy envisions that major stakeholders,
9 including the agricultural community, local government,
10 individual homeowners, businesses and land developers, will need
11 to contribute more than $8 billion to achieve this pollutant
12 reduction effort by the year 2010; and
13 WHEREAS, The costs associated with corrective actions are not
14 commensurate with available financial resources from the
15 Federal, State or local governments and may require a
16 disproportionate financial burden being placed upon individual
17 citizens, businesses and farmers through increased rates, taxes,
18 fees or new practices; and
19 WHEREAS, Through the course of testimony during public
20 meetings on the strategy in both the Senate and the House of
21 Representatives, a number of issues were raised regarding:
22 (1) the participation of major stakeholders in
23 developing the strategy;
24 (2) whether the chosen activities and expenditures
25 outlined in the strategy represent the best investment of
26 public and private moneys to accomplish overall nutrient
27 reduction goals;
28 (3) the lack of any legislative or regulatory initiative
29 to provide a review and oversight process that ensures
30 adequate public review and comment; and
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1 (4) consideration of alternative approaches;
2 and
3 WHEREAS, These public meetings further highlighted the fact
4 that the key elements necessary to facilitate implementation of
5 the strategy in the form of a workable nutrient trading program
6 and a watershed permitting process are not yet fully developed
7 and deployed; and
8 WHEREAS, The House of Representatives fully support efforts
9 directed to the environmental improvement of the Chesapeake Bay
10 and its surrounding watershed provided those efforts can be
11 clearly demonstrated to yield the environmental benefits sought
12 for the financial resources expended without creating a
13 disproportionate financial burden on the taxpayers of this
14 Commonwealth or sacrificing important and needed economic
15 development projects to move forward; therefore be it
16 RESOLVED, That the House of Representatives direct the
17 Department of Environmental Protection to place a moratorium on
18 all actions required of affected entities relating to
19 implementation of the Pennsylvania Chesapeake Bay tributary
20 strategy for a period of nine months from the date of the
21 adoption of this Resolution; and be it further
22 RESOLVED, That during this period the Department of
23 Environmental Protection be directed to:
24 (1) implement a formal strategy stakeholder process to
25 obtain further input from major stakeholders, the general
26 public and the General Assembly;
27 (2) determine the specific costs associated with
28 implementing various nutrient reduction strategies and their
29 effects upon the various sectors responsible for implementing
30 these strategies;
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1 (3) determine the specific environmental benefits
2 associated with each nutrient reduction strategy and the
3 overall effect that these programs will have on improving the
4 water quality of the bay, its tributaries and downstream
5 waters;
6 (4) explore alternatives to the strategy as initially
7 proposed in December 2004; and
8 (5) fully identify whether there are sufficient
9 financial resources to adequately and uniformly implement the
10 possible nutrient reduction strategies that may be needed;
11 and be it further
12 RESOLVED, That the Department of Environmental Protection be
13 directed to report to the House of Representatives the results
14 of the actions taken by the department as directed by this
15 Resolution through a comprehensive revision of the strategy
16 dated December 2004 that shall include a public participation
17 process that ensures full engagement of all impacted
18 stakeholders and the General Assembly.
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