Bill Text: PA SR215 | 2009-2010 | Regular Session | Amended

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Bill Title: Directing the Legislative Budget and Finance Committee to study the costs to achieve the Chesapeake Bay Program nutrient load reductions required from this Commonwealth's agricultural sources and to evaluate programs and funding strategies that enhance cost-effective nutrient reductions while protecting the economic viability of this Commonwealth's agricultural sector.

Spectrum: Bipartisan Bill

Status: (Passed) 2010-03-11 - Transmitted as directed [SR215 Detail]

Download: Pennsylvania-2009-SR215-Amended.html

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PRIOR PRINTER'S NO. 1542 PRINTER'S NO. 1725
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE RESOLUTION
No. 215 Session of2009
INTRODUCED BY BRUBAKER, BOSCOLA, ARGALL, RAFFERTY, O'PAKE, WASHINGTON, MUSTO, COSTA, M. WHITE, TARTAGLIONE, YAW, LEACH, FERLO, ALLOWAY, D. WHITE, EARLL, WAUGH, VANCE AND PICCOLA, DECEMBER 14, 2009
AS AMENDED, MARCH 8, 2010
A RESOLUTION
Directing the Legislative Budget and Finance Committee to study
the costs to achieve the Chesapeake Bay Program nutrient load
reductions required from this Commonwealth's agricultural
sources and to evaluate programs and funding strategies that
enhance cost-effective nutrient reductions while protecting
the economic viability of this Commonwealth's agricultural
sector.
WHEREAS, The Chesapeake Bay is the nation's largest estuary,
with its watershed spanning 64,000 square miles, including parts
of six states and the District of Columbia; and
WHEREAS, The Environmental Protection Agency (EPA) has found,
through numerous studies of the Chesapeake Bay, that excess
nutrients from agricultural development, population growth and
discharges from wastewater treatment plants, along with
overharvesting, habitat loss and disease, have contributed to an
overall decline in the aquatic health and environmental quality
of the bay; and
WHEREAS, Portions of the Chesapeake Bay and its tidal rivers
are listed as impaired waters under the Federal Water Pollution
Control Act (62 Stat. 1155, 33 U.S.C. § 1251 et seq.), and the
EPA is developing a basin-wide total maximum daily load which
will take effect December 2010 and which will mandate that the
Commonwealth develop a State Implementation Plan to achieve its
allocation; and
WHEREAS, The Commonwealth's Chesapeake Bay Tributary Strategy
developed by the Department of Environmental Protection
describes current nutrient reduction goals, including 25,000,000
pounds per year of nutrient reductions from agricultural lands,
nearly five times the reductions required of sewage treatment
plants; and
WHEREAS, Last year, Senate Resolution No. 224, Printer's No.
1703 (2008), directed the Legislative Budget and Finance
Committee to conduct a Phase One study to estimate the cost of
compliance for wastewater treatment plants and assess the
methods by which wastewater treatment plants may achieve
compliance, including nutrient trading; and
WHEREAS, The study revealed that the capital cost of
compliance for wastewater treatment plants was $1,400,000,000,
well in excess of available funding; and
WHEREAS, The study revealed that the nutrient trading program
as currently constituted has had, and is likely to have, little
impact for a number of regulatory, structural and market
reasons; and
WHEREAS, The study found that the cost to the agricultural
community for meeting "baseline requirements," as variously
defined by erosion and sedimentation regulations, nutrient
management regulations and concentrated animal feeding operation
regulations, is largely unknown; and
WHEREAS, The relative cost effectiveness of nutrient
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reductions from agricultural lands and other nonpoint sources is
not well quantified, and the Commonwealth would benefit from a
determination of these relative costs to guide the wise
allocation of limited funding; and
WHEREAS, The Pennsylvania Infrastructure Investment Authority
is currently studying the merits and forms that a Nutrient
Credit Exchange may take to encourage participation in nutrient
trading by wastewater treatment plants; therefore be it
RESOLVED, That the Senate direct the Legislative Budget and
Finance Committee to conduct a Phase Two continuation of its
study under Senate Resolution No. 224, Printer's No. 1703
(2008), to estimate the cost to meet the agricultural source
nutrient reduction goals of the Chesapeake Bay Tributary
Strategy and agricultural allocations to be defined in the State
Implementation Plan; and be it further
RESOLVED, That the committee identify methods employed in
other states to reduce loads from agricultural sources and make
findings as to their applicability and impact to the
agricultural community of this Commonwealth; and be it further
RESOLVED, That the committee evaluate the potential of new
technology and innovative best management practices generally to <--
address nutrient loads from agricultural sources at a reduced
cost; and be it further
RESOLVED, That the committee make recommendations for
preferred programs for the agricultural community that overcome
structural obstacles, encourage participation, accelerate
bringing agricultural lands to baseline, facilitate the
application of cost-effective technology and innovative best <--
management practices and stimulate the generation of nutrient
credits that are valued by point sources; and be it further
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RESOLVED, That the committee recommend a schedule for
implementation of the preferred programs to be included in a
series of two-year milestones for action under the State
Implementation Plan as agreed to by the Chesapeake Executive
Council and required under EPA administration of the basin-wide
total maximum daily load; and be it further
RESOLVED, That the committee-preferred programs be shaped to
the extent practicable to integrate with a Nutrient Credit
Exchange or other selected water quality trading program
structure, create income incentives for the agricultural
community to generate credits, utilize those credits to reduce
the high capital cost of compliance for wastewater treatment
plants and make more effective use of public funds; and be it
further
RESOLVED, That the committee survey the findings and programs
of academic institutions and other states with respect to the
cost of nutrient reductions from nonagricultural, urban, <--
suburban and other runoff, legacy sediments and air deposition;
and be it further
RESOLVED, That the committee compare these programs and costs
to point source and agricultural source reduction cost estimates
developed in Phases One and Two and to the State Implementation <--
Plan; and be it further
RESOLVED, That the committee determine whether additional
evaluation is appropriate to enhance the Commonwealth's programs
in these areas in order to promote overall nutrient-reduction
effectiveness and more efficient allocation of public funds; and
be it further
RESOLVED, That the committee report its findings, conclusions
and recommendations to the Senate by November June 30, 2010. <--
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