Written by Dori Paster with support from the MD Sierra Legislative Team. Updated April 15, 2016
The 2016 legislative session in Maryland was a whirlwind of activity that resulted in some very important environmental gains and also some missed opportunities. Check out this spreadsheet with links to our testimony on over 75 bills.
In the fall of 2015, we prioritized six bills to be the focus of our legislative work for this year. Hundreds of volunteers came to events such as opening day activities, lobby nights, and rallies. Our bill teams logged hundreds of hours in meeting with legislators, writing testimony, and more. Here’s what we achieved:
Greenhouse Gas Reduction Act - Signed into law!
The bipartisan Greenhouse Gas Reduction Act (GGRA) Reauthorization was signed by Governor Hogan even before Session ended. Maryland is now required to reduce our climate-disrupting pollution to 40% below 2006 levels by 2030. This goal will help guide all of our climate and energy programs like EmPOWER and the Regional Greenhouse Gas Initiative. Thanks to our sponsors Senator Paul Pinsky and House Environment and Transportation Committee Chair Kumar Barve.
Clean Energy Jobs Act - Passed & awaiting Governor signature!
Maryland's renewable energy requirements received a boost from this critical piece of legislation that was passed on the last day of Session. Our Renewable Portfolio Standard ("RPS") requirements have now increased and accelerated from 20% by 2022 to 25% by 2020. This legislation will incentivize 250 new MW of solar and over 1,000 MW of other renewable energy, while creating hundreds of clean energy jobs. The bill also calls for a study on how to improve participation of women- and minority-owned clean energy businesses in this new sector. Thanks to our sponsors Senator Catherine Pugh and Delegate Bill Frick.
Pollinator Protection Act (HB211/SB198) - Passed & awaiting Governor signature!
The Pollinator Protection Act (PPA) will make Maryland the first state in the country to restrict consumer use of bee-killing neonic pesticides. Last year, Maryland beekeepers lost 61 percent of their bees, about twice the national average and far more than is typical in a year. In addition to killing bees outright, even low levels of neonics impair bees' ability to learn, find their way back to their hive, and other basic functions. Thanks to our sponsors Senator Shirley Nathan-Pulliam and Delegate Anne Healey.
RPS Clean Up - Lost in committee
This year the Sierra Club pressed the General Assembly to clean up our state's renewable energy standard. In collaboration with several environmental advocacy partners, the Sierra Club pushed a bill to remove all combustion-based energy resources from our RPS. This would end the practice of giving renewable energy subsidies to trash incinerators, paper mill waste combustion, and several other sources. While the bill failed in Committee, we were successful in highlighting the issue and making sure it was acknowledged, and also in building new relationships in the legislature to move this issue forward next year. With the momentum from this year, it's critical that we stop Maryland law from continuing to squander renewable energy incentives on combustion technologies Thanks to sponsors Senator Shirley Nathan Pulliam and Delegate Jeff Waldstreicher.
Antibiotic Overuse (HB829/SB607) - No committee vote
The Sierra Club supported a bill that would have limited antibiotic use in farm animals, along with a strong and diverse group of supporters. This bill would have addressed antibiotic resistance by stopping the routine use of human antibiotics in feed for farm animals, which currently occurs even the absence of documented disease. Descriptions of how this fosters the growth of drug-resistant bacteria, which can then find their way to human populations, were highlighted during hearings, but unfortunately this bill did not progress. Thanks to sponsors Senator Paul Pinsky and Delegate Shane Robinson.
Bottle Bill - Lost in committee
The Sierra Club was a leading group in supporting a bottle recycling bill for Maryland this year. This bill would have had significant effects on litter, because over three billion beverage containers (around 75%) end up in the landfill, incinerated, or littering our waterways, roads, beaches, and parks. Despite strong support with bill co-sponsors, the bill faced a number of challenges and ultimately lost in committee. However, we were very successful in highlighting the extent of the container litter issue and its effects on both communities and waterways, and the very low current recycling rate and how it must be increased. Thanks to sponsors Senator Bill Ferguson and Delegate Barbara Frush.
Other Notable Bills
All in all, we provided testimony on 119 bills this year, including ones that addressed the Chesapeake Bay, Program Open Space, transportation planning, voter registration, and more. Here’s a summary of selected highlights, by issue area (for purposes of completeness, all of the priority bills listed above are also included in this more comprehensive list):
Food and Agriculture
Antibiotic Overuse (HB829/SB607) (supported priority – agriculture and public health) -
The Sierra Club supported a bill that would have limited antibiotic use in farm animals, along with a strong and diverse group of supporters. This bill would have addressed antibiotic resistance by stopping the routine use of human antibiotics in feed for farm animals, which currently occurs even the absence of documented disease. Descriptions of how this fosters the growth of drug-resistant bacteria, which can then find their way to human populations, were highlighted during hearings, but unfortunately this bill did not progress. Thanks to sponsors Senator Paul Pinsky and Delegate Shane Robinson.
Poultry Litter Management Act (HB599/SB496) (supported)
This bill would have required large poultry companies (“integrators”) to be responsible for the waste from chickens they own – which causes runoff and other problems for the Chesapeake Bay. The bill did not get a vote this year. Jump back to top
Energy:
Greenhouse Gas Reduction Act (HB610/SB323) (supported priority) -
The bipartisan Greenhouse Gas Reduction Act (GGRA) Reauthorization was signed by Governor Hogan even before Session ended. Maryland is now required to reduce our climate-disrupting pollution to 40% below 2006 levels by 2030. This goal will help guide all of our climate and energy programs like EmPOWER and the Regional Greenhouse Gas Initiative. Thanks to our sponsors Senator Paul Pinsky and House Environment and Transportation Committee Chair Kumar Barve. Jump back to top
Clean Energy Jobs Act (HB1106/SB921) (supported priority)
Maryland's renewable energy requirements received a boost from this critical piece of legislation that was passed on the last day of Session. Our Renewable Portfolio Standard ("RPS") requirements have now increased and accelerated from 20% by 2022 to 25% by 2020. This legislation will incentivize 250 new MW of solar and over 1,000 MW of other renewable energy, while creating hundreds of clean energy jobs. The bill also calls for a study on how to improve participation of women- and minority-owned clean energy businesses in this new sector. The bill passed and is awaiting Governor signature. Thanks to our sponsors Senator Catherine Pugh and Delegate Bill Frick. Jump back to top
RPS Clean Up (HB1287/SB867) (supported priority)
This year the Sierra Club pressed the General Assembly to clean up our state's renewable energy standard. In collaboration with several environmental advocacy partners, the Sierra Club pushed a bill to remove all combustion-based energy resources from our RPS. This would end the practice of giving renewable energy subsidies to trash incinerators, paper mill waste combustion, and several other sources. While the bill failed in Committee, we were successful in highlighting the issue and making sure it was acknowledged, and also in building new relationships in the legislature to move this issue forward next year. With the momentum from this year, it's critical that we stop Maryland law from continuing to squander renewable energy incentives on combustion technologies. Thanks to sponsors Senator Shirley Nathan Pulliam and Delegate Jeff Waldstreicher. Jump back to top
Local Government Clean Energy Loan Programs - Commercial Property Owners - Renewable Energy Projects (HB105/SB1723) (supported)
This bill would amends the state’s existing authorization of commercial PACE programs in counties to remove a size limit. The bill passed and is awaiting signature.
Public Service Commission Reform Act (HB327) (supported)
The bill, which failed, would have made certain procedural reforms to the manner in which the Public Service Commission is governed and administered. The bill failed.
Study of Solar Photovoltaic System - Charlotte Hall Veterans Home (HB362) (supported)
This bill, which failed, would have initiated a study of whether a solar photovoltaic system should be installed on a particular state building.
Income Tax Credit - Energy Storage Systems (HB386/SB834) (supported with amendment)
This bill, which failed, would have established a 30% tax credit for electric customers who install an electrical energy storage system.
Clean Energy Loan Program - Residential Property – Study (HB312/SB912) (supported)
This bills, which originally authorized Maryland counties to establish residential PACE programs, were amended to instead require a study of residential PACE. The bills passed and are awaiting signature.
Electric Companies - Installation of Solar Electric Generating Facility - Completion of Interconnection (HB440/SB811) (supported)
This bill establishes a general time limit for electric companies to complete interconnection of an individual customer’s solar electric generating facility. They passed and are awaiting signature.
Maryland Clean Energy Center Task Force (HB705/SB726)
This bill, as amended, requires a study of the operations of the Maryland Clean Energy Center. It passed as amended and is awaiting signature.
Electricity - Energy Storage Systems (Storage Technology and Electric Power (STEP) Act) (HB787) (supported)
This bill would have required the Public Service Commission to open a proceeding regarding requiring electric companies to procure viable and cost-effective energy storage systems. The bill failed in committee.
Energy Storage Portfolio Standard (Storage Technology and Electric Power (STEP) Act) (HB821) (supported)
This bill would have required each electric company that sells electricity to retail customers to also have available energy storage devices. The bill failed in committee.
Public Service Commission - Electric Affordability Program Study (HB927/SB1075) (supported)
These bills, which failed, would have initiated a study of whether the state should establish an opt-in electric affordability program for residential and small business customers.
Maryland Clean Energy Incentive Act of 2016 (HB1145/SB936) (supported with amendment)
This bill extends for three years a pre-existing tax credit, which had expired on December 31, 2015, available to energy facilities powered by a wide array of energy sources, including but not limited to clean sources such as wind and solar. The Sierra Club supported the bill but requested amendments to remove coal co-firing and other combustion sources; coal-co-firing was amended out. The Senate version of the bill passed and is awaiting signature.
Electric Universal Service Program - Solar Procurement Study (HB1276) (supported)
This bill, which failed, would have initiated a study of whether the state should establish an Electric Universal Service Program to help low-income residents pay their electric bills.
Real Property - New Residential Property- Information on Renewable Energy Alternatives (HB1412) (supported)
This bill would have required home builders to provide written information about energy-saving alternatives in a contract for the initial sale of a new home. It was referred for an interim study.
Public Utilities - Application for a Certificate of Public Convenience and Necessity - Public Notice (SB1069) (supported)
This bill requires the Public Service Commission to provide additional public notice regarding an application for a Certification of Public Convenience and Necessity. It passed and is awaiting signature.
Public Health & Environmental Justice:
Reducing Environmental Degradation for the Underserved Through Community Engagement (REDUCE Act) ( HB820/SB398) (supported)
This bill would have provided a forum for public input for citizens in overburdened communities affected by the additional diesel truck traffic induced by yet more major development projects. The bill died in House committee.
Maryland Commission on Health in All Policies (HB423/SB304) (supported)
This bill would have established the Maryland Commission on Health in All Policies, which would have made recommendations as to how health considerations can be incorporated into decision-making, foster collaboration to reduce health inequities, and perform health impact assessments. It did not receive a vote in committee.
Prohibition of Lead and Mercury Wheel Weights (HB1328) (supported)
This bill would have prohibited the use and sale of lead and mercury wheel weights, which can fall off cars and land on neighborhood streets, where they children can become exposed. The bill passed in the House but did not receive a Senate vote.
Synthetic Turf Fields Informational Signs (HB 883) (supported)
This bill would have required precautionary signs next to artificial turf playing fields on school property. The bill did not get a vote.
Gas:
Fracking Liability Act (SB361) (supported with amendments)
This bill would have held gas companies responsible for any adverse health or environmental impacts resulting from the fracking process, and as amended, would have required some disclosure of chemicals. We recommended strengthening both parts. The bill passed in the Senate, but died in House committee.
Fracking Chemical Disclosure (HB394) (supported)
This bill was intended to require fracking companies to disclose the makeup of the chemical cocktail that is injected into the ground. There is major concern around the health impacts these chemicals pose. The bill died in committee.
Gas Storage Well Safety (HB1112) (supported)
This bill would have required that regulations be written to promote the safety of gas storage wells in Maryland. It died in committee.
Good Government:
Freedom to Vote Act (HB1007) (supported)
This bill will expand voter registration opportunities to nearly every state agency, and move towards electronic voter registration. We are supported the original, stronger version of this bill, but still support the initial steps this bill takes. It passed and is awaiting Governor signature.
Task Force to Study Increased Voter Participation (HB1009) (supported)
This bill would have established a task force to explore how to increase the number of registered voters, as well as how best to increase the percentage of registered voters who actually vote. The bill passed in the House but failed in the Senate.
Limitation on Introduction of Bills (HB1370)
Obviously this bill did not succeed.
Public Funding for General Assembly Elections (SB428) (supported)
This bill would have established the option of public funding for general election campaigns. It did not receive a committee vote.
Shareholders United Act (SB501) (supported)
This bill would have increased transparency and accountability by requiring that corporations consult and inform stockholders about corporate political expenditures. It did not receive a committee vote.
Land and Natural Places:
Program Open Space Funding (HB462) (supported)
This bill will provide full annual funding for Program Open Space by 2019, and will also provide that any repayments will be paid back by 2029. This will result in Program Open Space having actual funding of $270 million more than it would have otherwise. This bill passed and has already been signed by the Governor.
Income Tax Credit - Preservation and Conservation Easements (HB276/SB137) (supported)
This bill would allow entities such as S corporations and limited liability partnerships to get tax credits for placing property under a permanent conservation easement, and can increase permanently protected natural areas. The bill passed and is awaiting Governor signature.
Subtraction Modification on Income Taxes for Perpetual Conservation Easements (SB 371/HB1643) (supported)
This bill would allow persons to deduct the first $500,000 of compensation for the sale of a perpetual conservation easement, which could have increased the amount of permanently protected natural areas in Maryland. The bill did not succeed.
Wildlife Trafficking Prevention (HB542) (supported)
This bill would have discouraged wildlife trafficking and poaching by limiting the sale of parts or products of specified animal species such as chimpanzee, elephant, gorilla, rhinoceros, and more. The bill died in committee.
Forest Conservation Act: Net Tract Area (HB1197/PGMC 114-16) (opposed)
This bill would have exempted two properties in District 23B from having to reforest (either by exempting them from the Forest Conservation Act or allowing credit for woodlands in the MNCPPC flood plain), setting a bad precedent as well as allowing about 150 acres to not be reforested, afforested, and/or preserved at those two properties. The bill passed out of the Prince George’s County delegation but failed in committee.
Pollinators:
Pollinator Protection Act (HB211/SB198) (supported priority)
The Pollinator Protection Act (PPA) will make Maryland the first state in the country to restrict consumer use of bee-killing neonic pesticides. Last year, Maryland beekeepers lost 61 percent of their bees, about twice the national average and far more than is typical in a year. In addition to killing bees outright, even low levels of neonics impair bees' ability to learn, find their way back to their hive, and other basic functions. The bill passed and is awaiting Governor signature. Thanks to our sponsors Senator Shirley Nathan-Pulliam and Delegate Anne Healey.
Pollinator Habitat Plans (HB132) (supported)
In addition to our Pollinator Protection Act, we supported this bill which requires that several state agencies develop and implement a pollinator habitat plan including best management practices. This bill passed and is awaiting Governor signature.
Transportation:
Motor Fuel Tax Rates – Repeal of Consumer Price Index Adjustment (HB116) (opposed)
This bill would have repealed the consumer price index adjustment to the motor fuel tax. As in previous years, it died without a committee vote.
Passing Bicycles, Personal Mobility Devices, or Motor Scooters (HB214/SB1123) (supported)
This bill would have specified minimum safe passing distances when a car passes a bicycle, personal mobility device, or electric scooter. Both bills died in the Senate.
Bicycles and Motor Scooters - Use of Bike Lanes (HB426) (supported)
This bill would have authorized a person to operate a bicycle or motor scooter on a roadway, shoulder or bike lane regardless of whether there is a bike lane available. The bill was voted down in committee.
Commuter Income Tax Credit Benefits - Eligibility and Credit Amount (HB1012) (supported)
This bill would increase the maximum amount of commuter benefit tax credits that a business may claim from $50 to $100 per employee per month, and also decrease the minimum seating capacity of elegible vehicles from eight to six. The bill was passed and is awaiting signature.
Maryland Open Transportation Investment Decision Act (HB1013/SB908) (supported)
This bill establishes a set of clear transportation goals for the state and provides the Department of Transportation with specific criteria to evaluate and score how well proposed major transportation projects achieve each of those goals to determine which projects should proceed. The bill passed, was vetoed by Governor Hogan, and the General Assembly overrode the veto.
EIS for Chesapeake Bay Third Span (SB56) (opposed)
The bill would have required an Environmental Impact Statement process for a third span across the Chesapeake Bay. We opposed it because a third span would facilitate sprawl. The bill died in committee.
Land Use - Proposed Development Project - Transit and Traffic Adequacy Studies (SB 779) (supported with amendment)
This bill would have required a local jurisdiction to have a transit adequacy study completed if a traffic impact study was required for a proposed development project. The bill did not progress past committee.
Prohibition on Causing Diesel Emissions to Discharge Onto Another (HB848) (supported)
This bill would have prohibited a person from causing a diesel-powered vehicle to intentionally emit excess smoke, soot or other exhaust emissions onto another person or motor vehicle. It passed in the House but did not pass in the Senate.
Waste:
Maryland Redeemable Beverage Container Recycling Refund and Litter Reduction Act (Bottle Bill) (HB862/SB367) (supported priority)
The Sierra Club was a leading group in supporting a bottle recycling bill for Maryland this year. This bill would have had significant effects on litter, because over three billion beverage containers (around 75%) end up in the landfill, incinerated, or littering our waterways, roads, beaches, and parks. Despite strong support with bill co-sponsors, the bill faced a number of challenges and ultimately lost in committee. However, we were very successful in highlighting the extent of the container litter issue and its effects on both communities and waterways, and the very low current recycling rate and how it must be increased. Thanks to sponsors Senator Bill Ferguson and Delegate Barbara Frush.
Community Clean-up and Greening Act (Bag Bill) (HB31/SB58) (supported)
This bill would have banned the free distribution of plastic disposable bags and required retailers to charge a fee for each paper disposable carryout bag. It died in committee.
Solid Waste, Recycling, and Anaerobic Digestion (HB61) (supported only with amendments)
This bill would have required the development of regulations for recycling an anaerobic digestion outside of the solid waste regulatory scheme. Excessive exemptions and insufficient attention to environmental issue were problematic. The bill passed in the House but was recommitted in the Senate.
Worcester and Dorchester Counties – Exemptions from Recycling at Special Events (HB126/SB131 and HB1222/SB392) (opposed)
These bills would have exempted Worchester and Dorchester Counties from having to comply with Maryland law, passed last year, requiring counties address recycling at special events in their recycling plan. Both bills died in committee.
Yard Waste and Food Residuals Diversion and Infrastructure Task Force (HB743) (supported with amendments)
This bill would have established a task force charged with recommending best practices and policies yard waste and food residual diversion. We supported the bill but requested that it be amended to increase emphasis on environmental considerations. The bill passed in the House but did not succeed in the Senate.
Northeast Maryland Waste Disposal Authority - Name and Authority (SB105) (supported only with amendments)
This bill would have expanded the reach of the Northeast Maryland Waste Disposal Authority to allow them to work in additional areas, some of which are environmentally-sound and some of which are not. The bill passed in the Senate but died in the House committee.
Water:
Bay Restoration Fund - Use of Funds - Nutrient Credit Purchases (HB325) (opposed)
This bill would have authorized use of the Bay Restoration Fund to purchase nutrient credits. We opposed because this use would need to be evaluated in the context of other funding priorities and emerging challenges. This use of funds also cannot be evaluated at this time because no trading program is yet in place for the Chesapeake Bay. The bill failed in committee.
Nontidal Wetland Mitigation Banking (HB797, opposed)
We were concerned about proposed changes to the wetland mitigation banking requirements intended to stimulate the development of mitigation banks, which can be more effective than on-site mitigation when they meet certain criteria. However, the bill was amended and significantly improved. The bill passed and is awaiting signature.
Hard-Shell Clams - Use of Hydraulic Clam Dredge (HB916) (opposed)
This bill would have opened the Atlantic Coastal Bays in Maryland to commercial clamming using hydraulic clam dredges, which have been banned since 2008. The bill passed in the House but was voted down in the Senate.
Sediment control - violations – enforcement (HB1240/SB0812) (opposed)
This bill would have weakened enforcement of sediment control rules. The bill was voted down in House committee.
Chesapeake and Atlantic Coastal Bays 2010 Trust Fund - Use of Funds (HB1346/SB0045) (supported)
This bill proposed an amendment to the Maryland constitution, to be ultimately decided upon by voters in a ballot measure, which would prevent the transfer of funds from this dedicated Trust Fund to the General fund or other special state funds. The bill was voted down in the House.
Sustainable Oyster Harvest Act of 2016 (HB1603/SB0937) (supported)
This bill that provides for a scientific study by the Department of Natural Resources, in consultation with the University of Maryland Center for Environmental Science, to be used to inform the development of a sustainable management plan for the Chesapeake Bay public oyster fishery. The bill passed and is awaiting signature.
Correction to Atlantic and Coastal Bays 2010 Trust Fund (SB61) (supported)
This bill simply updated the Trust Fund bill to reference the 2014 Chesapeake Bay Agreement and Watershed Implementation Plans. The bill passed and has been signed by the Governor.
Wetlands and Waterways Program - Fee Reduction (SB1091) (opposed)
This bill would have reduced application fees for wetland and waterways authorizations, which fund management of wetlands and serve as a deterrent to projects that lead to loss or degradation of wetlands. The bill was voted down in committee.
Closing
We responded to a number of other bills not included here; for more information, please contact legislation@mdsierra.org.
I want to thank the extremely smart, engaged, and hardworking 2016 Legislative Team – volunteers Martha Ainsworth, Earl Bradley, Joel Cohen, Maggie Davenport, Lynn Davidson, Brian Ditzler, Marion Edey, Sydney Jacobs, Ronnie Poklemba, Mark Posner, Rich Reis, Ling Tan, Cliff Terry, Sylvia Tognetti, Ruth Alice White, and Chris Yoder; and staff members David Smedick and Zack Gerdes. And special thanks to Conservation Chair Dave O’Leary and Chapter Director Josh Tulkin for three sessions of advice and guidance!
All in all, it’s been a year with several very significant steps forward, no significant steps back, and yet so much that we tried to reach but which remained just beyond our grasp. (Thanks, Robert Browning.) The table’s already being set for next year.