Mr. Speaker, the Chesapeake Bay is one of our region's greatest assets. Keeping the Bay clean is a major priority for the state and local governments. Our colleague Wayne Gilchrist recently held a hearing on the status of the Bay. One of…
Mr. Speaker, the Chesapeake Bay is one of our region's greatest assets. Keeping the Bay clean is a major priority for the state and local governments.
Our colleague Wayne Gilchrist recently held a hearing on the status of the Bay. One of the participants in that hearing was Supervisor Penelope Gross from Fairfax County, Virginia. I would like to enter into the Record her thoughtful comments presented at that hearing. Supervisor Gross has long been an advocate for Bay restoration and her testimony reflects how local governments can be critical partners in that effort.
Water Resources and Environment Subcommittee House Transportation and
Infrastructure Committee
May 4, 2006.--Good morning, Mr. Chairman, and thank you for
the opportunity to appear today to discuss Chesapeake Bay
restoration activities and the vitally important role of
local governments in those efforts. I am honored to be
invited to provide testimony. Chesapeake Bay issues are of
particular interest to me, which is why I serve on the
Chesapeake Bay Policy Committee of the Metropolitan
Washington Council of Governments, was a member of the
Chesapeake Bay Program's Blue Ribbon Financing Panel and
recently was elected Chair of the Bay Program's Local
Government Advisory Committee, also known as LGAC. I also
chair Virginia's Potomac Watershed Roundtable, and I
represent the Mason District on the Fairfax County Board of
Supervisors. As you may know, Fairfax County is one of the
largest jurisdictions, population-wise, in the Chesapeake Bay
watershed.
Each of these responsibilities has helped shape my
perspective on what is needed to keep our efforts to achieve
a clean Bay on track. I would like to share several themes
that are the basis of my remarks today:
Implementation and restoration happen primarily at the
local level and we need more state and federal funding to get
the job done; EPA and their state counterparts need to
provide stronger leadership on regulatory issues that will
drive much of the multi-billion dollar Bay cleanup effort; a
more focused approach to enforcement of existing federal
laws, regulations, and policies by EPA to the state would
alone make significant strides to clean up the Bay.
The Chesapeake Bay Program partners need to set clear
implementation priorities, emphasizing those measures that
offer the greatest pollution reduction return on investment;
The implementation and funding burden must be shared
equitably between and among sectors and levels of government.
Of the 98 commitments in the Chesapeake 2000 Agreement, 22 specifically involve local governments, and other commitments imply local government involvement. And I want to remind you that there are more than 1,650 local governments throughout the 64,000 square mile Chesapeake Bay Watershed. From a local government perspective, we know what to do to continue making progress, but we need more help from our state and federal partners. The Bay Program has successfully generated plans and documents that outline what actions local governments should take to help restore the Bay. However, I believe we're heavy on written plans, and we're struggling on the follow-through--i.e., technical and financial assistance to get more done. This was the most common and strongly voiced concern
among LGAC members from all jurisdictions at our most recent meeting, held right here in this building. And I want to take this opportunity to thank Congressman Gilchrest and his staff for engaging in substantive dialogue with LGAC members about this legislation.
Local governments throughout the watershed are currently
spending millions of local citizenry dollars to do our part
in cleaning up the Bay. However, there needs to be a greater
emphasis on developing mechanisms to capture those
substantial implementation efforts by local governments and
others which are not funded through state or federal
Chesapeake Bay funds. For instance, the Commonwealth of
Virginia still does not have an effective mechanism to track
urban nonpoint source Best Management stormwater facilities.
This could be accomplished through a direction to the
Chesapeake Bay Program Office and the states to develop an
enhanced tracking and reporting system. I understand that the
states may already be working on such a system, but to
facilitate reporting by implementing entities, I would
recommend that this system be web-based and simple to use.
I'm sure it is no surprise to you that the biggest help we
could use is additional federal and state funding. The ``Cost
of a Clean Bay'' report prepared by the Chesapeake Bay
Commission estimated that more than half of the cost for
meeting C2K nutrient and sediment reduction goals would be
borne by local governments. In some of the most expensive
programmatic areas, such as stormwater management and urban
nonpoint source pollution control, the local government share
is closer to 100% since there are virtually no federal or
state funds to help address the problem. While, sadly, the
thoughtful recommendations of the Chesapeake Bay Blue Ribbon
Finance Panel seem to have faded from memory, the needs that
were identified there have not. It is critical that the
federal and state governments in the watershed assume a major
role in providing financial assistance for implementation at
the local level.
On the issue of funding, I also need to mention my concern
with deep cuts being proposed to the Clean Water State
Revolving Fund (CWSRF). While local governments and our State
partners are working to increase funding for clean water
programs, the federal SRF is being targeted for cuts totaling
$199.2 million. Many local governments, especially in rural
areas, in the Bay watershed depend on this federal funding to
pay for high priority water pollution control projects, and
the proposed budget cuts are exactly the opposite of what's
needed to achieve our goal of a clean and healthy Bay.
But funding alone isn't enough. We also need our state and
federal partners to work cooperatively with local governments
on a watershed basis to:
1. Clearly articulate measurable goals for local
governments to achieve and couple these with appropriate
levels of funding support. I support the requirement for
measurable goals for local governments under the Local
Government Involvement section, with the provisions that this
be woven into a realistic implementation plan that includes
equitable levels of funding support. To guarantee success of
the Tributary Strategies, it is critical to have a detailed
plan for implementation that explains who, what, when, where,
why, and how.
2. Increase the level of support for the Small Watershed
Grants Program to the proposed authorized amount of $10
million. While far short of the estimated funding necessary
to achieve the C2K goals, the Small Watershed Grants
are perhaps the most effective mechanism for engaging
local governments in the common effort to achieve water
quality and habitat goals. The current funding level of $2
million translates into just $1,212 for each of the 1,650
local governments in the Chesapeake Bay Watershed. In
addition, I recommend increasing the cap on individual
small watershed grants to as much as one million dollars,
a substantial increase over the present $50,000 limit. Let
me give you an example: in Fairfax County, we often do not
apply for small watershed grants because the staff time
involved in preparing the grant application actually costs
more than the grant itself. The current $50,000 cap
effectively eliminates larger jurisdictions from
participating in the Small Watershed Grants Program. In
addition to the review and prioritization of grant
proposals by the Chesapeake Bay Local Government Advisory
Committee, there also should be a mechanism for
prioritizing grants within watersheds or metropolitan
areas to ensure that grants address priority local or
tributary-specific issues. A good example of a priority
might be the ongoing efforts to restore the Anacostia
River which flows into the Potomac River just a few blocks
from here.
3. Establish a ``Measurable Goals'' provision for Soil
Conservation Districts comparable to the provision for local
governments. As the level of accountability and
responsibility for local governments is increased, equity
suggests that there be a comparable provision for
``Measurable Goals'' for the agricultural sector. A logical
geographic unit would be the soil conservation district. As
above, implementation should be coupled with equitable levels
of funding support.
4. Enhance the Tributary Strategies and Implementation
Plans to explicitly address nutrient and sediment ``Cap
Management'' as growth continues. Cap management is clearly
required by the Chesapeake 2000 Agreement, and the population
of the watershed is projected to increase by upwards of 2
million between now and 2030. If not explicitly addressed at
the State level in Tributary Strategies and related
implementation plans, there is a very real risk of losing
ground, literally, as new development occurs.
5. A one-size-fits-all approach to local government
coordination and C2K Agreement implementation will not work.
Outreach and implementation must be tailored to the abilities
of large and small jurisdictions to undertake those efforts.
Differences in local government access to technology must be
considered during the development of communications
strategies. A strong, structured technical assistance program
to local governments is needed, especially in smaller, more
rural jurisdictions that lack staff expertise in stormwater
management and watershed protection. In many localities,
watershed management still is not reflected in land use
planning. As a result, development patterns and practices
ignore the many values that riparian buffers, protected
floodplains and protected natural resource lands offer for
water quality, water supply, and wildlife habitat. More
importantly, as a local elected official, I know that local
government officials need to understand the local benefits
that would result from changes in land use policies.
Otherwise, they won't be persuaded to defend these changes
before their constituencies.
6. We are concerned about the proposed language that
requires tributary strategy goals or BMPs to be included in
NPDES permits, both point and nonpoint source, or MS4
permits. In Virginia, nonpoint source pollution standards
should not be written into MS4 permits because, as mentioned
earlier in my testimony, the Commonwealth does not yet have
an effective mechanism to track urban nonpoint sources.
Each of these areas is of strong interest to LGAC. With
appropriate staff and requisite resources, I can envision an
activist role for LGAC, as the Tributary Strategies are
turned in to action plans, including:
Developing goals at the local level and helping to ensure
that localities live up to their responsibilities;
Partnering with state and local agencies to achieve an
equitable allocation of funding;
Reaching out to other sectors, especially agriculture and
private industry. We need to open or continue dialogue with
all our partners in the Chesapeake Bay Watershed. We are all
in this together: from those who labor under the Statue of
Freedom atop the Capitol dome to the Pennsylvania farmer, the
Maryland waterman, the Virginia technology worker, the long-
time resident, and the new Americans. Finger-pointing won't
clean up the Bay; working together just might.
Mr. Chairman, thank you again for the opportunity to appear
here today and for your leadership in helping to keep the Bay
restoration effort moving forward. We are looking forward to
working with you, other members of Congress, and our State
and federal partners to achieve our shared goals of a
restored Chesapeake Bay watershed.