Presidential Executive Order 14428 is both a surprise and a disappointment. The Trump Administration revoked an Obama-era Executive Order that encouraged state and local governments to coordinate activities that help restore the health of the Bay and the many tributaries in its 64,000 square mile watershed. There are six states (Virginia, Maryland, West Virginia, Pennsylvania, Delaware, New York) and the District of Columbia and 1800 local governments in the watershed, so the demand for restoration affects such disparate locations as the Chemung River in New York and the Potomac and James Rivers in Virginia.  

The original 1983 Chesapeake Bay Agreement barely mentioned local government responsibilities, but the renewed 2000 Agreement included more than 120 references to local governments, due in part to active petitioning by the Metropolitan Washington Council of Governments (MWCOG) and other Mid-Atlantic regional councils. Local governments insisted that the Bay Agreement should be voluntary and based on good science, voice, equity, (the last three criteria have survived, but voluntary has become more regulatory). Goals included upgrades to drinking water and wastewater treatment plants for water quality, local stream restorations to reduce incised banks and improve tree cover, and improved stormwater structures such as storm sewers and ponds. Such actions reduce sediment, nitrogen, and phosphorus in Bay waterways, protect Bay fisheries, and increase submerged aquatic vegetation, the underwater grasses necessary for healthy crab production.

Addressing those goals takes resources – money, staff, planning, engineering and, ultimately, construction. Fairfax County maintains 1600 miles of stormwater pipes and conveyance channels and also has responsibility for wastewater (sewer) mains that serve nearly every residential, commercial, and industrial property.  Rates paid by water and sewer customers support the daily maintenance and delivery needs of the systems, but larger upgrades and new infrastructure need extra resources for projects. In 2010, Fairfax County instituted a new stormwater tax to address the backlog of stormwater projects demanded by customers and constituents. It took about ten years of discussion and debate before the Board of Supervisors finally agreed on a fee system that would get the job done without imposing more onerous requirements on the real estate tax. The current rate is $0.0325 per $100 of property valuation, or less than $250 annually for a $750,000 property. There was some consternation when the tax first was imposed, but constituent demand for remediation projects to alleviate flooding and improve local streams quickly overcame initial objections. Other local governments in the watershed adopted similar fees, and the State of Maryland adopted a statewide “flush tax” that sunsets in 2030.  

It is curious that Trump’s Executive Order impugns local and state governments about affordability while, at the same time, it is his war with Iran and imposition of tariffs on allies that has made affordability out of reach of many American families. The White House has no authority over local and state tax policy, and by resetting Fuel Economy standards (CAFE) for gasoline and diesel vehicles, Mr. Trump has increased air pollution particulate deposition on Bay waters. It is true, as the Executive Order restates, that federal, state, and local initiatives and programs have made significant improvements in Chesapeake Bay water quality. In fact, in my almost thirty years’ work on Bay issues as a local government official, I have seen improvements I did not think were possible in my lifetime. I also like on-the-ground projects that create the most “bang for the buck” for water quality, but ensuring clean water and a healthy Chesapeake Bay is not cost-free. In his zeal to overturn his predecessors’ actions in so many areas, Mr. Trump is ignoring his responsibility to support established federal partnerships that expand what states and local governments can accomplish together. Stormwater management fees, wastewater service rates, local expenditures, and federal and state grants are investments in the future, for the Bay, the watershed, and all its communities.