2022 Legislative Recap: Victories Achieved, Challenges Faced, and Looking Ahead

2022 was quite a year for clean water legislative victories at both the federal and state levels! We are proud to have worked alongside our members and partners for the following wins for clean water and a healthy watershed. While there were many great victories in 2022, our work is never done, and we look forward to our continued united advocacy for clean water, healthy habitat, and equitable access in the Delaware River Watershed. 

Federal Wins for Clean Water

$10.5 million for the Delaware River Basin Restoration Program

Congress approved $10.5 million for the Delaware River Basin Restoration Program, a $500,000 increase from 2021.  

In 2021, we celebrated the passage of the Bipartisan Infrastructure Investment and Jobs Act, which included $26 million in supplemental funding for the Delaware River Basin Restoration Program over the next five years. In 2022, the first $5.2 million of that funding was added to the Delaware Watershed Conservation Fund, which funded 36 projects throughout the four-state region. 

The Coalition submitted a letter with 102 signatories to appropriation and Congressional offices in support of $13.5 million for the Delaware River Basin Restoration Program in the final FY23 spending bill.  

$3.097 million for National Wild and Scenic Rivers

White Clay Creek, DE. (Credit: National Wild and Scenic Rivers System)

The National Wild and Scenic Rivers System was created by Congress in 1968 (Public Law 90-542; 16 U.S.C. 1271 et seq.) to preserve certain rivers with outstanding natural, cultural, and recreational values in a free-flowing condition for the enjoyment of present and future generations. The Act is notable for safeguarding the special character of these rivers, while also recognizing the potential for their appropriate use and development. It encourages river management that crosses political boundaries and promotes public participation in developing goals for river protection. 

$900 million for the Land and Water Conservation Fund

Cherry Valley National Wild Refuge, PA (Photo Credit: Jared Green/USFWS)

The Land and Water Conservation Fund (LWCF) was established by Congress in 1964 to fulfill a bipartisan commitment to safeguard natural areas, water resources and cultural heritage, and to provide recreation opportunities to all Americans. 

CDRW Hill Week 2022

During Hill Week, the Coalition engaged 28 basin offices in advocating for six appropriations and three legislative requests. Overall, over 70 individuals participated, representing 41 member organizations, in lawmaker meetings. As part of Hill Week, the Coalition convened the first ever meeting of the Delaware River Watershed in Washington DC alongside its steering committee. 

The Coalition led a House Dear Colleague letter with Congressman Boyle’s office that had eighteen basin Representatives support for $15 million in FY23 for DRBRP. The Senate letter, led by Senator Coons had 8 signers in the watershed. 

Reauthorization of the Delaware River Basin Conservation Act (DRBCA) passed in the House

Kelly Knutson (CDRW), Emily Knearl (Delaware Nature Society), Wendy Webber (USFWS), Senator Carper (DE), Collin O’Mara (NWF). (Photo credit: Meagan Schaefer/CDRW)

S. 3767/ H.6949, the reauthorization of the Delaware River Basin Conservation Act to 2030, was introduced by Senator Carper (DE) in the Senate and Congressman Evans (PA) in the House. Since introduction in March, the Coalition has continued to advocate for reauthorization of the Delaware River Basin Conservation Act (DRBCA). An amendment offered by Rep Evans, Rep Fitzpatrick and Rep Blunt Rochester on DRBCA reauthorization to the National Defense Authorization Act for Fiscal Year 2023 was included and passed the House in a 220-206 vote. Kelly Knutson, Director of the Coalition for the Delaware River Watershed, submitted testimony in support of S. 3767 / H.R. 6949 for both hearing records in the Senate Environment and Public Works committee along with the House Natural Resource subcommittee on Water, Oceans, and Wildlife. Read the Coalitions full press statement

Recovering America’s Wildlife Act 

The Coalition advocated for House passage of the Recovering America’s Wildlife Act, which will provide states, territories, and tribes with $1.39 billion annually to catalyze proactive, on-the-ground, collaborative efforts to restore essential habitat and implement key conservation strategies, as described in each state's Wildlife Action Plan.

State Wins for Clean Water

New York

  • Through continued advocacy with Coalition partners, CDRW was able to secure line-item funding of $300,000 in the Environmental Protection Fund within the state budget. This crucial funding is dedicated for use in the Upper Delaware and has supported projects and programs that improve water quality, recreation access, and ecological value for the watershed’s headwaters.

  • On election day in November, New York voters approved a $4.2 billion environmental bond act entitled the Clean Air, Clean Water, and Green Jobs Environmental Bond Act. The Coalition, along with partners across New York, launched an education campaign to ensure that, once passed, this bond act funding could be leveraged in the Upper Delaware region. This bond act represents historic investment in environmental protection and support for recreation activities across the state.

New Jersey

  • For the second year in a row, New Jersey passed a budget which honors the state’s full, “fair-share” commitment for the Delaware River Basin Commission (DRBC) in the amount of $893,000. This funding demonstrates a commitment to clean, well-managed waters throughout the basin. Since its inception, the Commission has provided much needed research to protect clean water for recreation, farming, and drinking throughout the basin.

  • 2022 marked a noteworthy year for single use plastic reduction as the Plastic Pollution Reduction Act went into effect which prohibited the use of a number of single use plastic products, including plastic bags and styrofoam food storage products. Along with Coalition partners, CDRW advocated for the implementation of this policy and engaged in significant follow-up, learning about the success of these plastic reduction measures and identifying opportunities for greater education and improvement.

  • Coalition and our partners worked to advocate for flood disclosure requirements for home buyers and renters across the state. This proposed legislation would require crucial consumer protection measures be put into place to ensure that all new home buyers and renters are aware of the risks associated with living in a flood plain and the potential cost of flood insurance within that area. Through written and verbal testimony, collective advocacy during State House Education Week, and collaboration with CDRW partners across the state, the New Jersey flood disclosure bill has advanced through the Senate and now awaits approval in the state assembly. 

Pennsylvania

High Garst, State Policy Advocate, CDRW

  • In Pennsylvania, 2022 marked a significant year for clean water funding. The state budget allocated a historic $696 million dollars to clean water programs. The Coalition was proud to advocate for two programs which address water pollution and fund best management practices around streams and rivers throughout the Commonwealth. The State Parks and Outdoor Recreation program was funded to reinvigorate a program which  benefits Pennsylvanians through flood protections and stream improvements, abandoned mine cleanups, farmland preservation, and park and recreation opportunities. Additionally, the inclusion of the Clean Streams Fund in the budget constituted Pennsylvania’s first program solely dedicated to water protection and improvements. 

  • In 2022, Pennsylvania joined the Regional Greenhouse Gas Initiative (RGGI) through executive action. The initiative creates a market-based program to reduce overall greenhouse gas emissions from participating states. The Coalition, and partners across Pennsylvania, have long advocated for Pennsylvania’s participation in RGGI as it would begin to address climate change at the source. While the Commonwealth’s involvement in the initiative is currently held up in legal battles, Pennsylvania is one step closer to being a RGGI state thanks to the hard work and leadership of CDRW members.

Delaware

  • The Delaware River Basin Commission (DRBC) received full share funding of $447,000 from the state of Delaware in its annual budget. This marked the eleventh consecutive year of full-share funding from Delaware, which benefits greatly from the DRBC’s water quality and flow management work. The DRBC’s role throughout the basin is crucial to monitoring and improving water quality, effectively protecting the watershed’s important drinking water resources, recreation venues, and wildlife habitat.

  • One of the Coalition's greatest successes in Delaware was the introduction of a cumulative impacts bill. This bill is the product of substantial work from CDRW partners and Delaware community members, and would ensure that new industrial development across the state would not be permitted without first taking into account the impacts of other industrial activity in the area. This proven policy would ensure that underrepresented communities did not bear a disproportionate burden from development, pollution, and environmental degradation. Following its introduction in the spring, CDRW collaborated with advocates and communities across Delaware to garner support for the bill, incorporate feedback from underrepresented communities, and coordinate with the Delaware Department of Natural Resources and Environmental Control.

Missed opportunities 

PA Full Fair-Share Funding for Delaware River Basin Commission

While this year was marked with significant success in state-level funding for the Delaware River watershed, a notable shortcoming came from Pennsylvania, which failed to fully fund the Delaware River Basin Commission at its agreed upon amount. Each year, CDRW engages in substantial outreach and advocacy for each state in the basin to fund the Commission at its full share. Coalition partners in Pennsylvania united to encourage elected officials in the Commonwealth to ensure the DRBC received the support they needed and were entitled to for their crucial work in Pennsylvania and watershed wide. While this was a missed opportunity in Pennsylvania, CDRW members plan to re-engage with this ask as a new legislative session begins in Pennsylvania in 2023.

On to 2023

Our work is never done! We are now looking ahead to 2023. 

The FY23 final spending bill included the following Coalition watershed-wide priorities:

  • $11.5 million in funding for 2023 for the Delaware River Basin Restoration Program.

  • Funding for the State Revolving Funds, including $1.126 billion for Drinking Water and $1.638 billion for Clean Water.  

  • Partnership Wild and Scenic Rivers program at $5.3 million for fiscal year 2023, an increase of $900,000.

  • $900 million for land acquisition and support for state recreation programs through the Land Water Conservation Fund.

Although there are many big environmental successes to celebrate, most notably those listed above included in the Omnibus signed by President Biden on December 29, 2022, a few key pieces of legislation were left out. 

Throughout 2022, the Coalition advocated for a change to the local match requirements of the Delaware River Basin Conservation Act’s Delaware Watershed Conservation Fund - 90% federal investment and only a 10% local match for small, rural or disadvantaged communities - an improvement over the 50% split that is currently in place. This would allow projects to move forward with funding that was previously out of reach for local communities that did not have the financial resources to provide matching dollars. We are disappointed that Reauthorization of the Delaware River Basin Conservation Act was not included in the Omnibus for FY23, but we are already working with sponsors and partners to advocate for reauthorization of this critical program. 

In addition to Reauthorization of DRBCA, Recovering America’s Wildlife Act was not included in the FY23 omnibus spending package. This bipartisan legislation would have dedicated $1.3 billion annually to state fish and wildlife agencies to implement their science-based Wildlife Action Plans and an additional $97.5 million for tribal fish and wildlife managers to conserve fish and wildlife on tribal lands and waters. This funding would have allowed state fish and wildlife agencies to implement proactive solutions to conserve over 12,000 species in greatest conservation need and prevent wildlife from becoming threatened or endangered without increasing taxes.

Join the Coalition and Support our Work

PA member meetup. (Photo credit: Meagan Schaefer/CDRW)

The Coalition is made up of 180+ member organizations, united in advocacy for a healthy Delaware River Watershed. By joining the Coalition, your organization will work alongside our members to protect and restore the land and waters in the Delaware River Basin. Your advocacy efforts will ensure the Basin is nationally recognized, robustly funded, and sustainably managed to support people and wildlife. Dedicated staff are here to help member organizations build capacity, create resources, develop advocacy strategy, provide technical assistance and more.