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An executive order by President Trump discouraging Chesapeake Bay stormwater control projects is getting pushback from Gov. Josh Shapiro.
Trump issued the order last week directing that federal agencies give priority to water quality projects in the Bay watershed rather than ones that increase costs to individuals with local stormwater management fees. Critics call them rain taxes.
"The Trump Administration is committed to supporting a healthy Chesapeake Bay without burdensome and costly 'rain taxes,'" the order said.
Gov. Josh Shapiro said local officials retain their authority to decide what steps to take regarding the Chesapeake Bay cleanup despite Trump's order.
"I would just say, as chairman of the Chesapeake Bay Commission, we've worked closely with local communities, and as a result of their important work, we've been able to clean up the bay and at a better rate than Pennsylvania has ever done," said Shapiro at an event in Northeast Pennsylvania last week.
The Susquehanna River, which winds through Pennsylvania, is the main water source for the Chesapeake Bay.
Local officials have launched projects to control stormwater runoff and help ease nutrient pollution of the Bay during the past two decades.
Local and county officials levy stormwater fees on property owners to help pay for the work. The fees are often calculated by the amount of paved surface on a property.
Luzerne County connection
Trump's order fits with what Republican lawmakers in Luzerne County call for.
"I want to thank President Trump for listening to the people of Northeastern Pennsylvania and asking for real action to end this unfunded mandate," said U.S. Rep. Rob Bresnahan, R-Luzerne.
Bresnahan attended Trump's signing of the order. Bresnahan faces a challenge from Democrat Paige Cognetti, the Scranton mayor, as he seeks a second term this fall.
He held a district roundtable to push for eliminating the rain tax shortly after taking office in 2025.
Rep. Barbara Pugh, R-Luzerne, called on Shapiro to halt and review Chesapeake-related stormwater mandates due to the order.
"Pennsylvania must now identify what the law requires, what was added to satisfy Chesapeake Bay policy and pollution-reduction goals and what Pennsylvania has the authority to change or eliminate," she said.
She urged new projects along the lines of stream monitoring for nutrient pollution in York County.
Trump's action rescinded an order by President Obama directing use of the federal Clean Water Act to restore the Bay.
"The Order rescinds the outdated and misguided Obama Administration 2009 Executive Order 13508, withdrawing its vague and confusing federal requirements that have been leveraged in support of stormwater management fees, or 'rain taxes,' imposed by States or localities that unnecessarily raise costs for American households," said the White House Press Office.
Township supervisor response
The Pennsylvania State Association of Township Supervisors said Obama's order didn't require stormwater fees and Trump's new order doesn't require their repeal.
"The executive order does not change municipal permit obligations under the Clean Water Act and our state-issued MS4 permit, both of which predate the now-repealed directive and both of which remain in effect," PSTATs said.
"The executive order also does not require municipalities to repeal stormwater fees levied under the Second Class Township Code or the Municipal Authorities Act. An executive order cannot override state law or repeal a local ordinance, and this one does not try to," added PSTATS.
"What the order does do is direct EPA to work with the states in the Chesapeake Bay jurisdictions to assess what stormwater fees cost residents, look at alternatives, and encourage repeal," PSTATS said.