August 2022

Great Lakes-St. Lawrence News for Legislators
GLLC Member News

Please note: Some of you may have received an incomplete draft of this newsletter earlier today. We apologize for the error. This version of the Great Lakes-St. Lawrence Legislative Caucus newsletter is complete.

Register now for the Great Lakes-St. Lawrence Legislative Caucus meeting and secure a travel scholarship; the meeting will be held Sept. 23-24 in downtown Chicago

Travel scholarships remain available for legislators to attend the two-day annual meeting of the Great Lakes-St. Lawrence Legislative Caucus.


The unique event brings together state and provincial legislators from the basin, and allows them to explore issues related to Great Lakes protection and restoration with leading policy experts and scientists.


This year's event is being held Sept. 23-24 at the InterContinental Chicago Magnificent Mile.



Please note that travel scholarships are for members of the GLLC. Membership is free and open all legislators from the eight U.S states and two Canadian provinces in the Great Lakes basin. 



This year's meeting includes an architectural cruise and opening reception on Friday, Sept. 23, followed by a full day of programming on Saturday, Sept. 24, covering a wide range of issues; for example:


  • climate resiliency for the Great Lakes' coastal communities,
  • the policy response to the problem of PFAS in drinking water, and
  • an update on efforts to control the introduction and spread of invasive species, 


Other meeting highlights will include a special luncheon presentation by Western Michigan University professor Lynne Heasley, author of “The Accidental Reef and other Ecological Odysseys in the Great Lakes"; a legislative roundtable discussion on recent developments in the states and provinces; and an update on federal activity.


Developments Related to GLLC Policy Agenda

Water Consumption: Goal of recently signed laws in Illinois, Michigan is to help under-resourced communities upgrade water infrastructure

New laws in Illinois and Michigan aim to help local low- and under-resourced communities keep clean water accessible and affordable.


Illinois SB 3905 establishes the Municipal Water and Wastewater Funding Study Committee to study and make recommendations regarding any necessary changes to Illinois Environmental Protection Agency or Illinois Pollution Control Board policies relating to municipal water and wastewater funding, including the state’s revolving loan fund programs. The law, which took immediate effect when it was signed in May, requires the committee to submit its recommendations to the General Assembly and Gov. J.B. Pritzker by early next year.


The committee's recommendations must take into account a community’s size and economic status and consider elements of environmental justice. It also calls for regional water partnerships and for providing “targeted funding" to address emerging contaminants such as PFAS chemicals. 


Michigan’s HB 5890-HB 5892, signed into law in June, simplifies and streamlines the process for communities as they seek to access low-interest state loans to safeguard drinking water, upgrade wastewater facilities and make other improvements to their water infrastructure. It also allows communities to use more types of documentation in the application process, avoiding the need for costly engineering studies, and requires the state’s Department of Environment, Great Lakes and Energy to update its eligibility and project scoring processes to add impacts on “overburdened” and “significantly overburdened” communities.


The Great Lakes-St. Lawrence Legislative Caucus tracks state and provincial legislation related to the GLLC's five priority areas, including the health and safety of drinking water.


View the GLLC tracker here »

Toxic Substances: Binational study says progress has been made in reducing levels of toxins in Great Lakes and need for fish consumption advisories, but PFAS looms as a growing problem for region

Can the fish of the Great Lakes be eaten safely? Are levels of toxic chemicals in the Great Lakes and its tributaries on the decline?


These are among the questions that the U.S. and Canadian governments regularly explore as part of their joint "State of the Great Lakes" study, the latest version of which was released this summer. 


On the issues of toxic chemicals and fish consumption, the study concluded, some progress has been made.


"Many chemicals, including mercury and PCBs, have decreased significantly since the 1970s," the report notes. As a result, commonly consumed fish such as lake trout are safer to eat. For instance, fish consumption advisories for Lake Ontario have become less restrictive due to "decades of clean-up efforts."


The condition of the Great Lakes on these two indicators — fish consumption and toxic chemicals — is rated as "fair" in the study, but as "improving" (fish consumption) or as "unchanging to improving" over the past 10 years (see attached bar graph and table from the report).


Recently, though, concerns about the health effects of per- and polyfluoroalkyl substances (PFAS) has led to more monitoring of the Great Lakes for these chemicals. In turn, Great Lakes jurisdictions such as Indiana, Michigan and Minnesota have issued PFAS-related fish consumption advisories.


Actions in this region on PFAS have included:


Nutrient Pollution: In a recent article for CSG's Stateline Midwest, Wisconsin Sen. Robert Cowles explains how his state is looking beyond just regulation to protect water quality

Despite decades of regulation and mitigation efforts, harmful pollutants still make their way into water systems, damaging ecosystems, harming drinking water supplies and limiting recreational opportunities. 


In a recent FirstPerson article published for The Council of State Governments’ Stateline Midwest, Wisconsin Sen. Robert Cowles outlined some new efforts in his state to combat phosphorus and nitrate runoff into waterways from nonpoint sources such as farms fields, roadways and golf courses. 


Sen. Cowles explains in the article that the original Clean Water Act passed by Congress in 1972 mostly ignored referencing nonpoint source dischargers because of the difficulty in determining their environmental impact. Today, the U.S. Environmental Protection Agency notes that while “the effects of nonpoint source pollutants on specific waters vary and may not always be fully assessed ... we know that these pollutants have harmful effects."


Point source dischargers are heavily regulated by the Clean Water Act and, in Wisconsin, are required to meet state standards necessary to receive a Wisconsin Pollutant Discharge Elimination System permit. One hurdle for these dischargers: the expensive cost of plant upgrades, which often yield minimal improvements to the health of the state's waterways, Cowles says.


Wisconsin has moved ahead with plans to facilitate "water quality trading," in which a farmer or other nonpoint source polluter voluntary agrees to implement land and water management improvements in exchange for payments from a point source polluter. In turn, the point source polluter is rewarded with credits that can go toward meeting WPDES standards.


Wisconsin Act 151 of 2019 created a third-party clearinghouse to facilitate this kind of water quality trading. 


"Our hope is that the clearinghouse will be operating by the start of the 2023 growing season," Cowles writes.


“A point source avoids costly facility upgrades to prevent utility ratepayer bills and consumer product prices from skyrocketing; a nonpoint source has the financial incentive to reduce runoff and reap benefits such as increased yields and decreased fertilization costs; the rest of us enjoy the net improvement to water quality,” Cowles writes. 


A study released earlier this year by the Environmental Integrity Project found that many rivers, streams, lakes and other waterbodies are impaired due to too much pollution (see table below).


Invasive Species: Both houses of U.S. Congress have passed legislation that would increase federal cost-share for Brandon Road project, which aims to keep invasive carp from reaching Great Lakes

A boost in the federal cost-share for the Brandon Road project in Illinois has been approved by the U.S. House and Senate as part of the Water Resources Development Act of 2022. H.R. 7776 was passed 384-37 by the House on June 8; an amended version was passed 93-1 by the Senate on July 28. 


Differences in the WRDA must still be worked out in conference committee. But one similarity in the two versions of H.R. 7776 is the inclusion of language to have the federal government foot 90 percent of the costs for the construction phase of the Brandon Road project.


Under the Water Resources Development Act of 2020, the federal share of construction was set at 80 percent. That already is an amount higher than most U.S. Army Corps of Engineers projects, which require a local partner and sponsor.


The Brandon Road project involves installing a layered system of structural and non-structural control measures at the Brandon Road Lock and Dam near Joliet, Ill.; the site has been deemed by the Army Corps of Engineers as the best chokepoint to keep invasive carp out of the lakes. Structural measures include technologies such as a flushing lock and an engineered channel with an electric barrier, an underwater acoustic deterrent, an air bubble curtain and an automated barge clearing deterrent.


Illinois signed a design agreement in December 2020 with the U.S. Army Corps of Engineers to complete pre-construction engineering and design — the tab for which was estimated at $29 million. Illinois and Michigan agreed to provide the 35 percent non-federal match required for this phase of the project, which is expected to last three years.


Great Lakes governors in December 2021 requested that the federal government fully fund the remainder of the project. “The balance of project cost for design, construction, operation and maintenance is beyond the capacity of the Great Lakes States to match," the governors wrote in their letter to key congressional leaders, adding that such a move "would be consistent with how other large-scale projects have been funded that similarly have a strong bearing on the regional and national economy."


The U.S. House earlier this year approved $47.8 million in first-year funding for the project’s construction phase; additionally, the Army Corps of Engineers in January earmarked $226 million in funding it received from the Infrastructure Investment and Jobs Act for the Brandon Road project.


The estimated cost for the entire Brandon Road project is $858 million. 

Coastal Communities: New federal investments in climate change include help for Great Lakes region

The recently signed Inflation Reduction Act designates billions of dollars to mitigate the effects of climate change. Among those dollars are specific earmarks that will seek to address issues facing the Great Lakes system and neighboring coastal communities.


As outlined in a press release by NOAA, of the $3.3 billion allotted to the agency, $2.6 billion will be reserved for grants, cooperative agreements and other assistance for coastal states (including communities bordering the Great Lakes) through September 2026. The goal of funding these conservation projects, as outlined in the act, will be to “enable coastal communities to prepare for extreme storms and other changing climate conditions, and for projects that support natural resources that sustain coastal and marine resource dependent communities.”

About the GLLC
The Great Lakes-St. Lawrence Legislative Caucus (GLLC) is a binational, nonpartisan organization that exists solely for the purpose of engaging state and provincial legislators in the policymaking process related to the Great Lakes and St. Lawrence River. Secretariat services are provided by The Council of State Governments Midwestern Office. Financial support is provided in part by The Joyce Foundation and the Charles Stewart Mott Foundation. The Fred A. and Barbara M. Erb Family Foundation provides support for the GLLC's work on nutrient pollution.

For more information about the caucus, visit the GLLC website. CSG Midwest's Tim Anderson, Derek Cantù and Jon Davis contributed to this newsletter.
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