Gov. Corbett Wednesday signed into law House Bill 1565 (Hahn-R-Northampton) that environmental groups say weakens DEP requirements for stream buffers in Special Protection Watersheds.  It is now Act 162.

In a letter to the Chesapeake Bay Foundation-PA Wednesday, Gov. Corbett said this about signing the bill into law--

“Under Pennsylvania’s implementation of the National Pollutant Discharge Elimination System stormwater permitting requirements, it is our chief responsibility and obligation to maintain and protect the water quality of the Commonwealth’s waterways.

“We must also be practical in our implementation, mindful that there are benefits to our communities when we provide flexibility in how this obligation is fulfilled, as long as water quality is not compromised.  I believe House Bill 1565 achieves this balance.

“Under this legislation, a riparian buffer or riparian forested buffer may be  utilized as one avenue of protecting water quality.  Additionally, a permit applicant may seek to demonstrate to the Department of Environmental Protection that other alternative measures, drawn from recognized best management practices, are equally effective in minimizing the potential for impacting water quality and in meeting the Commonwealth’s obligation to maintain and protect both existing and designated uses.

“The DEP retains the ability, on a case by cases basis, to require a riparian buffer or riparian forested buffer if doing so is the only effective manner in which to safeguard water quality.  Moreover, House Bill 1565 goes further by requiring additional installation of replacement buffers for any project proposed within 100 feet of a special protection waterway.

“I am confident that this legislation strikes the appropriate balance sought by our communities, while providing the tools necessary for our environmental regulators to ensure our waterways continue to be protected.”

Acting DEP Secretary Dana Aunkst told DEP’s Citizens Advisory Council Tuesday DEP intends to be ready to implement House Bill 1565 (Hahn-R-Northampton) 60 days after the bill is signed as required in the legislation.  He said at this point he does not know whether DEP’s regulations will have to be changed or if additional technical guidance is needed.

Reaction

Harry Campbell, Chesapeake Bay Foundation Pennsylvania Executive Director, issued this statement Wednesday following Gov. Corbett’s signing of House Bill 1565 (Hahn-R-Northampton).

“We believe this legislation weakens Pennsylvania’s ability to protect its most important, sensitive, and high quality waterways. It also will make implementing the Commonwealth’s commitments to the restoring local rivers and streams much more difficult.

“This legislation will put a greater burden on Pennsylvania’s taxpayers, businesses, farmers, and local governments to further reduce pollution. Having removed this important requirement to protect and restore local water quality, the Administration must now address how it intends to make up the difference.”

The Chesapeake Bay Foundation-PA wrote to Gov. Corbett last week urging him to veto the bill for several reasons--

— We believe this legislation reduces the ability of Pennsylvania to meet its commitments under the Chesapeake Bay Agreement, which you signed in August. The Bay Agreement and Pennsylvania’s obligations under the Clean Water Blueprint rely heavily on protecting and restoring forested stream buffers. We should be taking steps to encourage more stream buffers in more areas, not significantly weakening the requirement we have which covers just 4 percent of our watersheds as this bill does.

— Pennsylvania is obligated by the federal Clean Water Act to maintain and not degrade the water quality in designated Special Protection Watersheds.  We believe this legislation reduces the ability of the Commonwealth to meet this anti-degradation requirement and leaves us vulnerable to action by the U.S. Environmental Protection Agency and federal courts determining that our water quality protection program does not meet minimum federal requirements.  We have made this point very clear in letters to both the Senate and House and in more detail.

— The options for meeting any buffer requirements listed in the bill are either not real options, extremely ambiguous, or effectively remove the buffer requirement and its benefits.  A large and growing body of scientific research concludes there are no practices or combination of practices—scientifically speaking—which are “substantially equivalent” to a forested riparian stream buffer.  The other option of allowing buffers to be placed, not at the point of the earth disturbance, but at some other location not only defeats the purpose of the forested buffer, but potentially puts its benefits nowhere near the impact. 

John Walliser, PA Environmental Council Vice President For Legal & Governmental Affairs, issued this statement Thursday in response to Gov. Corbett signing House Bill 1565--

“Yesterday Gov. Corbett signed House Bill 1565 into law as Act 162 of 2014. Act 162 amends Pennsylvania’s Clean Streams Law to weaken forested riparian buffer requirements in Pennsylvania’s most pristine watersheds.

“House Bill 1565 weakens our state’s ability to protect its most important waterways, and now calls into question Pennsylvania’s ability to comply with national anti-degradation and Chesapeake Bay restoration standards,” said John Walliser, Vice President of Legal & Government Affairs for the Pennsylvania Environmental Council (PEC).

“The prior riparian buffer requirements only applied to new development requiring a National Pollution Discharge Elimination System permit in an already-designated High Quality or Exceptional Value watershed. Riparian buffers protect downstream landowners and communities from increased flooding and water treatment costs.

“Despite the tremendous work and investment made to date in restoring our waterways, this legislation pushes Pennsylvania a step back, and may result in unintended costs and consequences for landowners throughout these watersheds.”

The Senate did not refer the bill to the Senate Appropriations Committee and never looked at how much this change in law would cost taxpayers.

House Bill 1565 was opposed by the Chesapeake Bay Foundation-PA, PA Environmental Council, Western Pennsylvania Conservancy, the PA Chapter of The Nature Conservancy, the Fish and Boat Commission, PA Chapter National Association of Water Companies, Clean Water Action, PA Council of Trout Unlimited, PA Federation of Sportsmen’s Clubs,  PA League of Women Voters, PA Land Trust Association, PA Landscape and Nursery Association and former DEP Secretary David E. Hess.

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