With the 2025 Legislative Session rapidly approaching, MACo is profiling some major issues that stand to gather attention in the General Assembly.
The single most defining feature of Maryland is the Chesapeake Bay. Its waters shape our geography, flow into our culture, and provide a source of sustenance and cuisine. Unfortunately, Maryland cannot act alone in cleaning and preserving the bay – Delaware, New York, Pennsylvania, Virginia, & West Virginia all lay within the greater watershed and also contribute to its pollution. With the Chesapeake Bay Agreement set to be reaffirmed and renegotiated in 2025, Bay concerns will be at top of mind for many legislators.
According to the 2025 Issue Papers:
Several of the outcomes of the 2014 Chesapeake Bay Watershed Agreement, including nutrient pollution reduction goals, are unlikely to be achieved by 2025. The Chesapeake Bay Program has initiated steps to establish a path forward to achieve bay-related goals beyond 2025, emphasizing science, restoration and conservation, and partnership. Still, the bay faces numerous ongoing and emerging challenges impacting progress, including climate change, changes to land use, and population growth, as well as uncertainty surrounding conservation funding provided under the federal farm bill.
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Reaching the Goal: Progress and What Lies Ahead
Maryland’s Phase III WIP originally projected that the State would achieve (and possibly exceed) statewide nutrient and sediment pollution reduction goals by calendar 2025. However, more recent modeling suggests these goals may be more difficult to meet than anticipated. EPA has also raised concerns regarding whether the Phase III WIP includes sufficient detail regarding the actions that must be taken to achieve pollution reduction goals, the feasibility of the State’s continued reliance on the wastewater sector to meet pollution reduction goals when other sectors fall short, and whether adequate resources to implement necessary agricultural practices are available. In addition, Maryland’s Phase III WIP acknowledges that pollution loading resulting from climate change, population growth, and the Conowingo Dam may impact the achievement and sustainability of restoration beyond calendar 2025.
In its August 2024 evaluation of Maryland’s 2022-2023 completed and 2024-2025 projected milestones, EPA noted that Maryland did not achieve its 2023 target for nitrogen but did achieve its target for phosphorus and sediment. The evaluation specifically notes, as areas for improvement, (1) the State’s implementation of best management practices for agriculture and urban and suburban stormwater management and (2) the State’s reporting of milestone progress that has resulted from activities relating to investments under the federal Infrastructure Investment and Jobs Act and the federal Bipartisan Infrastructure Law. Delaware, New York, Pennsylvania, and Virginia also fell short on their projected milestones, prompting EPA to note that it remains prepared to assist each of the watershed jurisdictions in implementing the 2024-2025 milestones. EPA oversight and assistance activities to support the implementation efforts of bay jurisdictions could include funding, technical assistance and analysis, training, and regulatory reviews.
Looking forward, state and federal leaders have already begun the process of determing the future beyond 2025. While some infrastructure is already in place, continued negogiations between states and federal officials will continue well into the year.
At its 2022 meeting, the Chesapeake Executive Council (CEC) directed the Principals’ Staff Committee – the policy advisors to CEC – to recommend a critical path forward that prioritizes and outlines the next steps for meeting the goals and outcomes of the Watershed Agreement leading up to and beyond 2025, with specific consideration for science, restoration, and partnership.
To advise in the development of recommendations, the CBP formed the Beyond 2025 Steering Committee (Steering Committee), and on July 1, 2024, the Steering Committee issued a draft report regarding a path forward for the CBP beyond 2025. In October 2024, the Steering Committee issued its final report, which incorporates public feedback and clarifying changes but leaves the substance of the report largely unchanged from the draft version. The report includes recommendations for affirming a continued commitment to meeting the goals of the Watershed Agreement and strengthening the CBP by simplifying and streamlining CBP’s structure and processes. The report further recommends that, by the end of 2025, the Principals’ Staff Committee propose amendments to the Watershed Agreement, which should reflect recent scientific reports and highlight continued emphasis on achieving water quality goals, the importance of conservation in addition to restoration, shallow water habitats, the impacts of climate change, changes to land use, and population growth, and benefits to the people who live, work, and recreate in the watershed. Finally, the report includes additional recommendations for CBP consideration across the areas of science, restoration and conservation, and partnership. These recommendations include the following points.
- Science: (1) Optimize monitoring, modeling, and analysis; (2) integrate scientific findings in decision-making, resource allocation, and communication; and (3) address knowledge gaps across areas relating to climate change, land use, and social science.
- Restoration and Conservation: (1) Elevate the importance of conservation and stewardship of natural and cultural resources and restore and conserve nearshore habitats; (2) review existing goals, outcomes, and management strategies; and (3) improve CBP’s comprehensive approach to planning, prioritizing, progress-tracking, and accountability.
- Partnership: (1) Streamline CBP’s approach to governance and structure; (2) build capacity through local networks; (3) ensure watershed restoration is relevant to all communities, including those that have been historically underrepresented, under resourced, and underserved; and (4) enhance communication and transparency to foster long-term success.
It is anticipated that the Principals’ Staff Committee will present recommendations for actions beyond 2025 at the December 2024 CEC meeting.
