1. 1 Bay Restoration: Developing Policy Options to Support Local Actions Jack E. Frye, Virginia Director Chesapeake Bay Commission 201 N. 9 th Street, Room 270 Richmond, Virginia 23219 jfrye@chesbay.us(804) 370-5888

2. Who is the CHESAPEAKE BAY COMMISSION ? Tri-State Legislative Commission  Maryland  Pennsylvania  Virginia Congressional Liaison 21 Members  15 General Assembly Members  3 Governors  3 Citizens A Bay Policy Leader for 32 years

3. YOUR VIRGINIA COMMISSION MEMBERS  Senator Emmett Hanger – Chair  Senator Frank Wagner  Delegate John Cosgrove  Delegate Lynwood Lewis  Delegate Scott Lingamfelter –V. Chair  Governor McDonnell/designee Anthony Moore, Depty Sec. Ches. Bay  John Reynolds

4. 4 Future for Virginia (circa 2000) Increasing reliance on citizen advocacy, local governments & watershed-based approaches Nutrient mgmt; P-based for all organic fertilizers; urban turf practices/education Improved E&S Control; Require SWM; holistic watershed water quality & quantity plans “Green Card” farming - farm conservation plans Bay TMDL- a “driver” for change 2010

5. Information to Policy December 2004: Chesapeake Bay Commission Report, “Cost-Effective Strategies For the Bay” 1.Wastewater treatment plant upgrades 2.Diet & feed adjustments 3.Nutrient management 4.Conservation tillage 5.Cover crops 2005- Chesapeake Bay Watershed Nutrient Credit Exchange Program 2006- Regulations to offset new of expanded facilities; controls on existing and Nutrient Credit Exchange to help cost-effective upgrading 2007- DCR sets 5 priority practices NM,CT,CC + riparian buffer and exclusion; Diet & Feed management for dairy/ Poultry Phytase MOUs 5

6. 6 Recent Examples of Chesapeake Bay Commission Actions Reducing urban source nutrients; N & P controls Nutrient trading economics & policy issues Land conservation & water quality goals/access Manure-to-Energy o Value added waste stream/distributed energy o Sustainable agriculture Improved practice progress reporting Connecting local land use to local fisheries

7. 7 Pollution Control Policy Agriculture Forestry Urban built environment Urban new development QUESTION: For each source above, what is your perception about the current level of regulation or voluntary cooperation that drives actions to protect local water quality? Mostly regulatory Mostly voluntary

8. 8 For any program that engages governments, businesses and individuals, what is necessary to provide Reasonable Assurance that actions are taken, schedules are met and goals are accomplished? “Trust, but verify”

9. 9 Reasonable Assurance Challenges (Targets, Required Actions & Schedules) Adequate practices & adequate funds Voluntary (lots of individuals) Cost-share & tax credit incentives; signed contracts and audits Self certification? Compliance spot checks? Recognition programs “Green ticket” concepts Regulation as threat/motivator

10. Chesapeake Club: Bringing New Audiences to Bay Restoration 10

11. Looming Policy Issues Role of Land Conservation in the Bay TMDL Verification of progress reporting data Trading Program Expansion in Virginia/Bay-wide o Credit determination/Accounting/Transparency o Verification o Protecting local water quality Local landuse, water quality & fisheries Aquaculture or wild harvest

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13. 13 VA WIP: Urban/Suburban Stormwater Consider requiring all municipal / county owned lands implement NMPs if nutrients are applied (State lands already required) Voluntary reporting of acreage and rates by lawn service companies Consider requiring NMPs on all public and private golf courses Sales restrictions or controls on do-it-yourself fertilizers –Phosphorus ban, time of year restrictions, slow release nitrogen, labeling Consider prohibiting use of nitrogen based de-icers Consider requiring proper storage and disposal of non-ag fertilizers by retailers

14. 14 Urban Nutrient Management: Lawn Maintenance Fertilizer Increased Public Education Voluntary Water Quality Program- lawn service companies Phosphorus ban (clothes & dishes 1987, lawn fertilizer 2013) Golf Courses under NMP by 2017 Deicers with Urea/nitrogen Sales Restrictions: Slowly Available Nitrogen Study & 10% N reduction in registered lawn maintenance fertilizer products; (Del. Scott Lingamfelter HB-1210)

15. 15 5 Priority Ag BMPs 1.Winter Cover Crops 2.Conservation Tillage (no-till) 3.Nutrient Management Plans 4.Riparian (streamside) Buffers 5.Livestock Exclusion (watering systems/streamside buffer & fencing) QUESTION: Why choose these five?

16. 16 VA WIP Challenge: Agriculture 50% of reductions are from AG, least regulated Need 95% coverage of the priority practices by 2025: Nutrient management plans livestock exclusion from streams 35’ riparian buffers soil conservation; such as no-till and cover crops Accounting of voluntary practices (SB346 Hanger - 2010) Resource management plans

17. 17 Resource Management Plan ( GREEN TICKET or Ag Certainty) shall be deemed to be in full compliance with (i) any load allocation contained in a total maximum daily load (TMDL) established under § 303(d) of the federal Clean Water Act addressing benthic, bacteria, nutrient or sediment impairments, (ii) any requirements of the Virginia Chesapeake Bay TMDL Watershed Implementation Plan, and (iii) applicable state water quality requirements for nutrients and sediment. HB-1830 (2011 GA)

18. 18 Turf: Largest Acreage Crop 1,000,000 acres in VA’s Bay watershed 130,000 to 240,000 acres by lawn care co. 250,000 acres by do-it-yourself “Phosphorus” not needed on established lawns Easier to reduce input than treat afterward 7 “Zero P” fertilizer bills HB-1831 (2011).