2012 End of Session Legislative Report

Environmental issues were prominent during the General Assembly this year, including key decisions about the state's energy future and our efforts to clean up the Chesapeake Bay. Other big issues received significant attention, including marriage equality and of course, the state budget. In a time limited ninety day session, many decisions came down to the last week or two (and frequently the last day or the last hour!).

Thanks to the Sierra Club staff and volunteers who worked on many important bills – lobbying and rallying in Annapolis, attending Town Hall meetings, and calling and sending email messages to legislators.

For more than two years we have advocated in favor of bills to facilitate the construction of an offshore wind farm. A large coalition including Sierra Club and other environmental, labor, faith, and community groups worked closely with Governor O'Malley's staff and key legislators to pass the bill this year, but we were unsuccessful. The bill did pass the House, but we were unable to get enough votes in the Senate committee. Given the effort involved so far, this was quite a disappointment. We are working with our coalition partners to determine next steps for this effort.

Three major bills were introduced to reduce pollution in the Chesapeake Bay, and we achieved much greater success with these bills, although the outcomes were uncertain until the final days of the session. A bill to double the fee collected for the Bay Restoration Fund (“flush tax”) from $30 per year to $60 per year passed. This fund is used to fund wastewater treatment plant upgrades, agricultural programs, and other important Bay cleanup efforts. A bill to require the higher population counties across the state to collect a “stormwater utility fee” also passed. The funds must be used for local programs to reduce polluted run-off during rain storms and repair damage from storm run-off. Although this bill was weakened to not include all counties, it is still a major step forward. In addition, a bill passed which requires counties to designate various tiers of land use areas with varying limits on the size and location of subdivisions constructed using only septic systems. Although this bill was also weakened with amendments on the Senate floor, we hope that it provides an important step forward in recognition of this significant source of water pollution and the issue of externalized costs of pollution.

Numerous bills were introduced addressing regulation and fees associated with fracked gas drilling. Only one bill passed (also on the last day of session), which defines a “presumptive impact area” in which the burden of proof is placed on the gas drilling company to demonstrate that their actions are not responsible for water contamination. A bill to establish a fee on mineral rights leases for funding the state's Marcellus Shale Advisory Commission did not pass, and the implications for the commission are still being determined.

Other bills relating to renewable energy met with mixed success. A bill that increases the utility requirement for use of solar energy passed, moving the requirement for 2% of electricity from solar up from 2022 to 2020. A “Community Renewables”, which would make it easier for groups to collectively invest in and benefit from renewable energy projects like the University Park Solar Co-op did not pass. Chris Stoughton from the Montgomery Group travelled to Annapolis to lobby and testify in support of this bill.

Some recycling bills passed, including bills that require higher goals for county recycling plans and inclusion of plans for recycling in apartment buildings and condominium complexes. Unfortunately, the bill to place a fee on disposable bags once again did not pass this year. Despite local support, a bill that would enable Prince George's County to establish a local bag fee also did not pass. 

A bill that passed after multiple attempts in recent years places a ban on the use of arsenic-based products in chicken feed. 

Two bills passed which increase election transparency by requiring additional disclosure, but more meaningful campaign finance bills did not receive committee votes. Cliff Terry once again tracked and testified in support of key proposals in this area.

As noted above, and as you have probably read elsewhere, reaching agreement in the General Assembly on the state budget was more of a problem than usual this year. As of the time of this writing, it is still unclear as to how this situation will be resolved. A budget including significant funding for important environmental programs was passed before the end of session deadline, but many feel that the many cuts to state programs in this budget are not acceptable. A special session of the General Assembly might be called to renegotiate the budget, but even this is uncertain.

Governor O'Malley proposed a strong package of environmental bills, including the offshore wind bill and two of the key Chesapeake Bay restoration bills. There were many legislators who led the way this year. Delegate Tom Hucker sponsored the stormwater utility fee bill, the ban on arsenic in chicken feed, and was a leader on offshore wind. Delegate Heather Mizeur was a leader on the bills dealing with fracked gas drilling. Delegate Dana Stein sponsored the bill to increase recycling rates in the county plans and the community renewables bill. Delegate Dereck Davis, as Chairman of the House Economic Matters Committee, provided key support for the offshore wind bill. Senator Paul Pinsky led the effort on stormwater, community renewables, recycling in apartments and condos, and the Prince George's County bag fee. Senator Brian Frosh sponsored bills to regulate fracked gas drilling, the state bag fee, and energy efficiency.

Even with a relatively successful session, we still have a lot of work to do. Work will begin this summer to prepare for the 2013 General Assembly session, setting priorities and working with legislators on bills dealing with renewable energy and efficiency, fracking, and other topics. If you would like to get involved with the chapter's legislative work and our efforts in Annapolis, please contact Chapter Director Josh Tulkin at the chapter office – 301-277-7111 ormd-josh@mdsierra.org.

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2012 Legislative Tracker

(May 2012 Chesapeake – David O'Leary and Sarah Peters)