[Congressional Record Volume 149, Number 167 (Tuesday, November 18, 2003)]
[Senate]
[Pages S15065-S15066]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SARBANES (for himself, Ms. Mikulski, Mr. Warner, Mr. 
        Allen, and Mr. Santorum):
  S. 1880. A bill to establish the Special Blue Ribbon Commission on 
Chesapeake Bay Nutrient Pollution Control Financing; to the Committee 
on Environment and Public Works.
  Mr. SARBANES. Mr. President, today I am introducing legislation to 
establish a special Blue Ribbon Commission on Chesapeake Bay Nutrient 
Pollution Control Financing. Joining me in sponsoring this measure are 
my colleagues Senators Mikulski, Warner, Allen and Santorum.
  On Tuesday, November 11, 2003, the Chesapeake Bay Foundation released 
its sixth annual State of the Bay report. The report is headlined ``The 
Bay's Health Remains Dangerously Out of Balance and Is Getting Worse.'' 
Indeed, this summer the Chesapeake Bay's so-called ``dead zone''--the 
area of oxygen-and life-depleted waters--extended more than 100 miles 
down the Bay, the largest area ever recorded. Scientists observed 
extensive algal blooms and watermen reported pulling up nets of dead 
fish and crab ``jubilees''--a rare phenomenon of crabs fleeing the 
water for air. The cause of the pollution of the Chesapeake Bay is 
clear: high levels of nitrogen coming from sewage treatment plants, air 
deposition, runoff from farmlands, and stormwater runoff from urban and 
suburban areas. The water pollution caused by high levels of nutrients, 
particularly nitrogen, continues despite two decades of efforts from 
all the jurisdictions in the watershed, Maryland, Virginia, 
Pennsylvania and the District of Columbia, to address it.
  Scientists, State and Federal agencies and citizen advocates know 
what must be done to address the excessive nutrients which pollute the 
Bay's water. The 304 major sewage treatment plants in the watershed 
must be upgraded to reduce the nutrients coming into the Bay. Farmers 
must be given the best technology and resources to keep excess 
fertilizer and sediments out of the Bay. Air deposition must be 
reduced. And new financing mechanisms must be developed to help local 
governments control stormwater runoff.
  Earlier this year, a Chesapeake Bay Commission report entitled The 
Cost of a Clean Bay, found a $9.4 billion gap in the resources needed 
to reduce nutrients and sediments in the Bay to levels sufficient to 
remove the estuary from the Environmental Protection Agency's list of 
impaired waters. While $9.4 billion seems like an enormous sum, we 
should remember that the health of Chesapeake Bay is vital not only to 
the more than 15 million people who live in the watershed, but to the 
Nation. It is one of our Nation's and the world's greatest natural 
resources covering 64,000 square miles within six States. It is a 
world-class fishery that still produces a significant portion of the 
finfish and shellfish catch in the United States. It provides vital 
habitat for living resources, including more than 3600 species of 
plants, fish and animals. It is a major resting area for migratory 
waterfowls and birds along the Atlantic including many endangered and 
threatened species. It is also a one-of-a-kind recreational asset 
enjoyed by millions of people, a major commercial waterway and shipping 
center for much of the eastern United States, and provides jobs for 
thousands of people. In short, the Chesapeake Bay is a magnificent, 
multifaceted resource worthy of the highest levels of protection and 
restoration.
  On November 3, 2003, I was joined by the six Senators and 16 Members 
of the House of Representatives from the Chesapeake Bay watershed 
States, in a bipartisan letter to President Bush urging him to commit 
$1 billion to restoring the Bay's water quality. We pointed out to the 
President that, with a matching State funding requirement and proper 
targeting, these funds would provide a tremendous boost to the efforts 
to reduce nutrient pollution in the Bay and that this investment would 
pay big dividends in restoring the ecological and economic health or 
our nation's greatest estuary. We realize that this request is but a 
first step to bring to bear the necessary resources to accomplish the 
nutrient reduction.
  The legislation which we are offering today represents the next step 
in the effort to close the $9.4 billion gap and help assure that the 
effort to reduce nutrient pollution in Chesapeake Bay will be focused 
properly and funded adequately for the long term. It directs the 
Administrator of EPA to establish a special Blue Ribbon Commission on 
Chesapeake Bay Nutrient Pollution Control Financing to oversee 
development of a comprehensive implementation plan to address the 
funding needs and/or regulatory requirements for reducing nutrient 
pollution loads in Chesapeake Bay sufficient to comply with Clean Water 
Act standards by the year 2010. The Commission is charged to address 
the appropriate responsibilities of the Federal, State and local 
governments in financing sewage treatment plant upgrades, agricultural 
and other nonpoint source runoff controls, and urban stormwater 
management. It is also directed to address the opportunities for 
enhancing the role of the private sector in financial support for 
nutrient reduction either directly or through public/private 
partnerships.
  The Commission will have a vital role to play in Chesapeake Bay 
restoration. Through the work of the Chesapeake Bay Program and its 
partners, our scientific and technical understanding of what needs to 
be done to reduce excess nutrients going into the Bay serves as a model 
for the Nation. Yet these practices cannot be implemented without 
sufficient funding, and current estimates suggest that a doubling of 
nutrient reduction efforts to date will be required. The Commission is 
critically needed to explore responsibilities, opportunities and 
mechanisms for generating the financial backing needed to restore the 
Chesapeake Bay. Let me add that the economics of nutrient reduction is 
an issue faced by many regions of the country. Many of the 
recommendations of this Commission regarding the financing of sewage 
treatment plant upgrades, agricultural nutrient reduction practices, 
and stormwater and air pollution control could be transferred to for 
use elsewhere around the Nation.
  It is our expectation that, in carrying out its functions, the 
Commission will draw upon the expertise of other Federal agencies, 
including the U.S. Department of Agriculture, the Army Corps of 
Engineers, and NOAA as well as State and local governments, academia 
and the private and non-profit sector and establish a multidisciplinary 
advisory panel to assist the Commission in preparing its report and 
recommendations. Valuable work is now being carried out by the 
Chesapeake Bay Program in a great number of areas including nutrient 
reduction,

[[Page S15066]]

oyster restoration, submerged aquatic vegetation, and environmental 
education to mention a few and it is not intended that the Commission 
be in any way a substitute for the Bay Program. Rather it is to support 
the work of the Bay Program by dissecting financial responsibilities 
into component parts--Federal, State, local and private and by 
addressing the funding and/or regulatory requirements of the work to be 
done to end the Bay's water pollution from too much nutrient loading.
  Establishment of the special Blue Ribbon Commission on Chesapeake Bay 
Nutrient Pollution Control Financing will serve to kick start the 
critical work which must now be done to restore the Chesapeake Bay. It 
is supported by the Chesapeake Bay Foundation and the Chesapeake Bay 
Commission as evidenced by their letters. I ask unanimous consent that 
the two letters be printed in the Record. I urge my colleagues to 
support this measure.
  There being no objection, the additional material was ordered to be 
printed in the Record, as follows:

                                    Chesapeake Bay Commission,

                                 Annapolis, MD, November 17, 2003.
     Hon. Paul S. Sarbanes,
     SH-309 Hart Senate Office Building,
     Washington, DC.
       Dear Senator Sarbanes: I am writing on behalf of the 
     Chesapeake Bay Commission to commend you on your efforts to 
     direct the Environmental Protection Agency (EPA) to establish 
     a special blue ribbon Chesapeake Bay Nutrient Pollution 
     Control Commission. The Commission would examine how best to 
     finance reductions in nutrient pollution sufficient to comply 
     with Clean Water Act standards by the year 2010. It is the 
     logical next step in our efforts to restore the nation's 
     crown jewel estuary, the Chesapeake Bay.
       Earlier this year, our members issued a report entitled The 
     Cost of a Clean Bay. The report found a $9.4 billion gap in 
     the resources needed to reduce nutrients and sediments 
     sufficient to remove the Bay from the EPA list of impaired 
     waters. While $9.4 billion seems like an enormous sum, we 
     should remember that the health of Chesapeake Bay is vital 
     not only to the more than 15 million people who live in the 
     watershed, but to the nation. It is the world's largest, most 
     productive estuary, with a worth estimated at nearly $1.2 
     trillion. The Bay restoration leads the world in devising new 
     and innovative solutions to reduce nutrient and sediment 
     pollution. If the Bay restoration fails, it speaks volumes 
     for the fate of most water quality restoration projects, 
     world-wide.
       At this point, the partners in the Chesapeake Bay 
     Restoration Program have a well fleshed-out game plan. The 
     leaders know what needs to be done and have, for the most 
     part, implemented policies that will support these efforts. 
     The stumbling block is the lack of available funding or, in 
     the absence of money, the identification of viable regulatory 
     alternatives that can provide equitable solutions.
       On November 3, 2003, you joined your colleagues in the Bay 
     watershed in a bipartisan letter to President Bush urging him 
     to commit $1 billion to restoring the Bay's water quality. 
     You pointed out that, with a matching State funding 
     requirement and proper targeting, these funds would provide a 
     tremendous boost to the efforts to reduce nutrient pollution 
     in the Bay and that this investment would pay big dividends 
     in restoring the ecological and economic health of our 
     nation's greatest estuary. We offer our strong support on 
     this request. Furthermore, we believe that the blue ribbon 
     panel is its perfect complement.
       Your effort represents the next--and critical--step in the 
     effort to close the $9.4 billion gap, ensuring that the 
     nutrient reduction goals will be reached. We applaud you in 
     your efforts and offer our assistance to you as you pursue 
     the best next step for the Bay restoration effort.
           Sincerely,
                                               Ann Pesiri Swanson,
     Executive Director.
                                  ____



                                     Chesapeake Bay Foundation

                                 Annapolis, MD, November 18, 2003.
     Hon. Paul Sarbanes,
     United States Senate,
     Washington, DC,
       Dear Senator Sarbanes: We wish to express our support and 
     enthusiasm for your effort to establish a special Blue Ribbon 
     Commission on financing the control of nutrient pollution in 
     Chesapeake Bay. Your continued leadership on behalf of the 
     Chesapeake is most appreciated.
       As you know, this summer the Chesapeake Bay experienced one 
     of the worst ``dead zones'' in history. Fish kills, beach 
     closings, and algae blooms were commonplace. Over the past 
     twenty years, the monitoring stations of the Chesapeake Bay 
     Program have revealed little to no change in key water 
     quality parameters such as dissolved oxygen, clarity, and 
     algae concentration. The fundamental challenge remains 
     controlling nitrogen and phosphorus pollution to the 
     Chesapeake and its tributaries.
       Over the past several years, a number of different reports 
     have documented the financial needs of meeting the goals of 
     the Chesapeake 2000 Agreement. These reports conclude that 
     water pollution control, in particular, will require the most 
     significant financial investments. Key water pollution 
     control needs include sewage treatment, municipal storm 
     water, and agricultural runoff.
       Your effort to establish a Blue Ribbon Commission 
     appropriately focuses on the biggest financial challenges 
     confronting the Chesapeake Bay. It includes a diverse 
     membership, and it engages the signatories to the Chesapeake 
     Bay Agreement in developing specific recommendations to meet 
     the needs of the Bay. Importantly, your effort acknowledges 
     that regulatory mechanisms can be used to internalize 
     pollution control costs to minimize burdens on the region's 
     taxpayers.
       The Chesapeake Bay Foundation believes that a financial 
     commission is a timely and appropriate response to a number 
     of the difficult challenges confronting the region's policy 
     makers. We are very supportive of your effort, and we welcome 
     the opportunity to work with you to implement your ideas.
       Thank you again for your leadership on behalf of the 
     Chesapeake Bay.
           Sincerely,
                                                 William C. Baker,
                                                        President.

                                 ______