2010 End-of-Session Legislative Report

The Maryland General Assembly adjourned Monday April 12, 2010. This year’s General Assembly session was once again a whirlwind of activity, dominated even more than usual by discussions of the state budget. 

While several of our priority bills, such as the comprehensive energy planning for Maryland, energy use disclosure of buildings, or bag fee bill failed to make it out of committees, we were able to pass smaller victories which will guide Maryland to become more environmentally sustainable in the future.  For the most part, we made modest advances for our environment, with one major setback to protecting the Bay. When we tally up the results, the session wasn’t our worst, but wasn’t anything to brag about. 

From an organizational perspective, the Chapter Legislative Committee made a lot of progress in recruiting and involving new committee members in reviewing, writing, and presenting testimony.  We also worked closely with General Assembly members throughout the fall and during session to introduce and support bills based on chapter legislative priorities established in the summer of 2009.  Another important step forward was the creation of the Legislative Tracker web site.  For the second year, our legislative intern made a big contribution to the committee, and we expect to continue and possibly expand this program in 2010.  The committee has already held a debriefing call to discuss how we can improve our effectiveness for the 2011 session.

Here is a summary report of some of the key bills we worked on the most.  More information about these bills and others that we submitted testimony on are available on the Legislative Tracker web site:  http://maryland.sierraclub.org/action/p0140.asp
 

Protecting Natural Places

Stormwater Funding (HB 999/ SB 686) – would provide local jurisdictions with a dedicated funding via small fees on utility bills to clean up their rivers and the Bay. These bills died in the committees in both the House and Senate.

Stormwater Regulations (HB 1125) - a controversial bill, which would exempt certain development projects from stronger stormwater management standards that were passed in 2007.  HB1125 was ultimately defeated; however, unfortunately matching emergency regulations did pass. The Sierra Club fought hard to oppose both the bill and emergency regulations as we view this as a terrible precedent, rolling back existing state clean water laws.

Oyster Poaching (HB 1191) - this bill started out as a good bill which would crack down on illegal harvesting of oysters. Unfortunately, the Senate added bad amendments that would prevent the Department of Natural Resources from creating new oyster sanctuaries until 2011, at which point we successfully worked with other organizations to stop the bill when it was clear that the bad amendment would not be removed.

Reducing Toxics and Wastes

Plastic Bag Fee (HB351/SB 462) – would charge a 5 cent fee for plastic and paper bags at grocery stores.  Money collected would help fund the clean up of Maryland’s waterways. These bills died in the committee in both the House and Senate.

Coal Ash Disposal (SB 653/ HB 1467) – would require companies disposing of coal combustion by-products (coal ash, what is left over after burning coal for electricity) to do so in a safer manner for the environment and public health. The bill passed the House Environmental Matters Committee but was held up in the Senate Education, Health, and Environmental Affairs Committee.

Recycling in Apartments (SB 156) – would require recycling in apartment buildings and condominiums.  The bill was rejected by the Senate Health, Education and Environmental Affairs Committee.

Recycling in Bars (HB 944) – would require certain bars and restaurants to recycle aluminum, glass, and polyethylene terephthalate (PET) plastic bottles. The bill was not brought up for a vote in the committee.

Recycling and Source Reduction Study (HB 982) – This bill initially proposed to increase recycling targets across the state, including targets by category (plastic, paper, aluminum, etc.).  The bill was amended to require the Maryland Dept. of the Environment to conduct a study of recycling and waste reduction strategies.  The bill passed in both chambers.

Prohibiting Child Care articles containing Bisphenol-A (SB 213/ HB 33) - banned the chemical bisphenol–A from baby bottles and ‘sippy cups’ protecting our children’s health.
 

Smart Energy and Global Warming

Comprehensive Energy Plan (HB 522/ SB 910) - would create a comprehensive energy plan for the state and set up criteria to ensure that Maryland goes for the cleanest, most reliable, and most affordable energy available. The bills were not brought up for a vote; however, Governor O’Malley is now considering action based on this proposal after our discussions with several state agencies about the importance of this issue.

Energy Use Disclosure (SB 713/ HB 985) – would require all government and commercial buildings to use the free EPA Energy Star program to find and disclose publicly the energy efficiency rating of their building, thus encouraging energy efficiency improvements. The bill died in the Senate Finance Committee.

Clothesline Bill (SB 224/ HB 763) - would authorize homeowners and tenants of single family homes and townhouses to use a clothesline. These bills passed the Senate and the House.

Solar Energy (SB 277/ HB 471) – sponsored by Governor O’ Malley, this bill will ramp up the development of solar power in Maryland. SB 277 will make solar energy cheaper and easier to buy in Maryland. It passed the Senate and the House, however, the House significantly weakened the Governor’s original proposal.

Net Energy Metering (SB 355/ HB 801) – will require utility companies to pay customers who generate excess electricity from solar, wind or biomass systems. Both bills passed hence improving the cost effectiveness of renewable energy systems.
 

Transportation

Transportation Funding Criteria Bill (HB 1155/ SB 760) – ensures that state transportation funding is consistent with smart growth goals and greenhouse gas emissions limits. The legislation passed ensuring that the state will make effective decisions about transportation and help move Maryland towards a sustainable future.

Bike Bill (HB 282) – would require the Maryland transportation plan to be better balanced between bike and pedestrian projects and highways. The bill passed.

Budget

Bay Fund – The Chesapeake and Atlantic Coastal Bays Trust Fund was appropriated $22.5 million, more than twice the amount appropriated last year.

Program Open Space – The legislature fully funded Program Open Space (POS) to the level proposed by Governor O'Malley; however, $4 million was taken from the Maryland Agricultural Land Preservation Foundation (MALPF).

Clean Energy – The legislature extended the two-year diversion of energy efficiency funding from the Strategic Energy Invested Fund.

Law Clinic – Lawmakers threatened to cut funding for the University of Maryland Environmental Law Clinic but funding restrictions were ultimately rejected.
 

Good Government

Green Maryland Act – This new law requires development of new environmentally preferable purchasing in all state agencies, so the government will show leadership by example in recycled products, energy efficiency, etc.  The bill passed both chambers.

Transparency – other bills that would increase transparency did not pass committee votes or did not come up for a vote.  Incremental progress was made in that committee voting information is now published on-line.

2010 Legislative Tracker

Other bills we took a position on: