Maryland’s 2015 Legislative Session just ended! It was a nail-biter to the end – one of our bills was finally voted on at 10:32 PM on the final day of session (Monday April 13). All in all, we had a number of significant victories, including several priority bills we identified last fall – thanks in part to the many people who responded to emails and calls by making their views known to their legislators! Read on to see where our lobbying made a difference.
VICTORIES
Fracking Moratorium (HB449/SB409) – Priority Bill!
Maryland now has a 2 ½ year moratorium on fracking! This is a very significant achievement, especially given that our new governor has stated that he is pro-fracking (so we need to be sure he signs this bill). The moratorium will last until October 2017. However, our work is far from done. In the next 2.5 years, the state plans to prepare fracking regulations to “ensure” the practice is “safe” (NOT!). Our work will start virtually right away. Over the summer, we’ll monitor a review of studies on fracking’s risks, and we’re also developing plans to ensure that our state remains safe from fracking. Be part of this effort – join the Gas Team today. Special thanks to bill sponsors Delegate David Fraser-Hildalgo and Senator Karen Montgomery, and to Chairman Kumar Barve for his leadership.
Community Solar Energy (HB1087/SB481, SB398) – Priority Bill!
After four years of trying, Maryland is now the 11th state with a community solar program! This program has the potential to greatly expand solar energy in Maryland, because it makes it accessible to virtually all Maryland residents – even those with shady rooftops, or who live in apartments, or who can’t afford an entire solar array. This will allow all Marylanders to invest in community solar installations – on a library, church, other community building, or even an open field – and get the benefits of solar energy, including credit on their electric bills. This is currently a pilot program but we are confident that it will withstand an evaluation in the future. Special thanks to bill sponsors Delegate Luke Clippinger and Senator Victor Ramirez, to Senator Catherine Pugh for highlighting economic equity issues in this area, and to our partner advocate Earthjustice. Interested in clean renewable energy? Join the Energy Team.
Agricultural Pollution (SB257/HB381) – Priority Bill!
One of Governor Hogan’s first actions as governor was to pull the “Phosphorus Management Tool” (or PMT) regulations prepared by Gov. O’Malley. These regulations would prevent farmers from dumping excess chicken poop on their fields, and prevent the subsequent run-off that pollutes Maryland waterways and causes dead zones in the Chesapeake Bay. And one of our first successes in the legislative session was to get them back! We leveraged a PMT bill before the Legislature to force Gov. Hogan to strengthen his draft regulation, close a significant loophole and get the regulation on the books. The new regulation was finalized in late March and is already on the books. Join the Food & Farming Team to get involved in this area. Special thanks to bill sponsors Senator Paul Pinsky and Delegate Stephen Lafferty.
Stormwater (SB863) – Priority Bill!
Governor Hogan campaigned on a pledge to repeal the “rain tax”. Of course the so-called “rain tax” was never a tax on rain; it was a fee on impermeable surfaces which cause polluted run-off and harm our rivers, streams, and ultimately the Chesapeake Bay. We successfully lobbied for a new stormwater bill that is even more effective than the one it replaces! The new bill maintains the mandate for a dedicated fund for reducing polluted runoff while providing increased flexibility to the jurisdictions for raising these funds. It raises penalties for violations, expands coverage to state and federal properties, and allows greater review and transparency of county spending and funding plans. While these are all constructive steps, we will monitor implementation to ensure that this approach is as effective as envisioned. Help us keep an eye on this – join the Water Team. In addition, several other bills to reduce or remove polluted run-off protections were defeated.
Wind Energy Restrictions (SB899, SB938) (Opposed)
We successfully fought and quashed two attempts to limit wind power in Maryland. One would have put extra roadblocks in the way of wind power in a broad area of the state – 42 miles in any direction from Pax River. This is despite an adequate review process already on the books, including input from the Navy base itself. The other would have put obstacles to wind power in Kent County – again, despite already having adequate siting requirements.
Commission on Climate Change (SB258/HB514)
The Legislature established a Commission on Climate Change in recognition that climate change is occurring and that Maryland has already experiences some of its effects. The Commission has broad membership and also a broad mandate, including strengthening climate action plans, maintaining an inventory of greenhouse gas emission sources, addressing disproportionate impacts to low-income and vulnerable communities, recommending adaptation strategies, and more. Thanks to bill sponsors Senator Paul Pinsky and Delegate Dana Stein.
Motor Fuel Tax Rate "Relief" (SB589/HB483) (Opposed)
We testified against a bill which would have repealed a requirement that motor fuel tax rates be adjusted for urban consumers based on growth of the Consumer Price Index. This bill would eventually had made it less expensive to drive gasoline-based cars. The bill did not make it out of committee in either chamber.
Invasive Species (HB860)
With our support, the Legislature passed the State Lakes Invasive Species Act of 2015 to address hydrilla and other invasive species in Deep Creek Lake and other waters. This bill requires people to clean their boats and remove all visible organic material, including plants, animals, and mud, before placing the boat in State lakes at public docks. It also requires the Department of Natural Resources (DNR) to convene a workgroup to evaluate further actions to reduce the spread of aquatic invasive species. Thanks to bill sponsor Delegate Dana Stein.
Bicycle and Pedestrian Priority Areas (SB371/HB450)
We testified in favor of a bill to require the State Highway Administration to determine whether it should designate local bicycle and pedestrian priority area (BPPA) as State BPPAs under certain circumstances, and also clarifies how plans to increase safety for bicycle and pedestrian traffic should be implemented. This bill passed the Legislature and has already been signed into law by Governor Hogan. Thanks to bill sponsors Senator Jim Rosapepe and Delegate Al Carr.
Artificial Turf (SB867/HB597) (Opposed)
We opposed a bill which required that playing fields at all high schools in Prince George’s County be replaced with artificial turf. The bill passed out of the Senate but did not make it out of the House Appropriations Committee chaired by Delegate Maggie McIntosh. This bill had multiple issues, but we were most concerned with the potential public health impacts from the artificial turf and “crumb”.
Microbeads (SB200/HB216)
We testified in support of a bill to prohibit the manufacture or sale of personal care products (face wash, toothpaste, etc.) containing synthetic plastic microbeads. The ban applies to all microbeads made of traditional plastic or biodegradable plastic that cannot biodegrade in wastewater treatment and marine environments. Thanks to bill sponsors Senator Joan Carter-Conway and Delegate Dan Morhaim, and lead advocate group Trash Free Maryland.
Good Government
We testified and lobbied in favor of several bills to improve overall government operations, which is important to being able to achieve our overall goals. One (HB485/SB593) established the Fair Campaign Financing Fund, authorizes a check-off box for the fund on income tax returns, and allows for other voluntary contributions. The second (SB695/HB755) establishes the State Public Information Act Compliance Board and Office of the Public Access Ombudsman, and makes many improvements in overall transparency and public accessibility of records. Thanks to Senator Jamie Raskin and Delegate Bonnie Cullison for sponsoring these bills.
LOSSES
Not all of our bills met with success, and we remain concerned about bills which did not pass. In the coming months, we’ll make plans to be even more effective in the future. For the following bills, our strong volunteer and staff efforts resulted in significant steps forward even though passage didn’t happen this year:
Our bills to strengthen the Renewable Portfolio Standard (RPS) (SB373/HB377, and later SB760), which would have increased the percentage of the state’s energy to come from renewable sources and ensure that the renewables are actually clean energy, were not passed this year. We plan to redouble efforts next year with a strong plan for more clean renewable energy, as we also focus on the renewal of Maryland’s Greenhouse Gas Emissions Reduction Act. We will need all hands on deck for this next year – if this issue is important to you, now is the time to join our Energy Team. Thanks to Senator Brian Feldman, Delegate Bill Frick, and Senator Karen Montgomery for sponsoring these bills.
Healthy Air for All Act (HB1042) - Another of Governor Hogan’s first acts in office was to pull the NOx regs which would have set strong air pollution emission limits on coal plants. Our strategy was to use the legislative process to either require controls via legislation, or to force the governor to release the regulations. Despite strong efforts by staff and volunteers, we did not succeed in pulling this off. But stay tuned to hear about other actions to address this – and join the Energy Team to help. Thanks to Delegate Dana Stein for sponsoring this bill.
The Pollinator Protection Act (SB163/HB605) would have banned the use of neonicotinoid (“neonic”) pesticides except by certified applicators, and required that plants exposed to neonicotinoids be labeled. While we are disappointed that the legislation did not pass this session, we built momentum to restrict neonics next year. The Legislature intends to study how neonic pesticides affect bees, wildlife, aquatic life and human health over the summer. Join our Pesticide Team to find out how you can help the honeybees, butterflies, and beneficial insects! Thanks to Senator Shirley Nathan-Pulliam and Delegate Anne Healey for sponsoring this bill.
A bill highlighting environmental justice issues – specifically, requiring a cumulative air impact analysis (SB693/HB987) before issuing new permits, thus protecting our most vulnerable and overburdened citizens – was not successful. This was a new approach and will likely be tightened up in the “off-season” to be reintroduced next year. Thanks to Senator Joanne Benson and Delegate Clarence Lam for sponsoring this bill.
We testified in favor of a bill to change the mission of the Northeast Maryland Waste Disposal Authority (SB509) from waste disposal facilities to resource recovery parks that promote and implement a zero waste hierarchy, but the bill was narrowly defeated in Senate committee. Join our Zero Waste Team if you are interested in making zero waste more of a reality next year. Thanks to Senator Michael Hough who sponsored this bill as well as the bipartisan co-sponsors.
We testified in support of the Maryland Redeemable Beverage Container and Litter Reduction Program, or “Bottle Bill” (SB684/HB982) to encourage expanded recycling. This bill was referred for a “summer study” by the Legislature and we expect to see it again next year – join our Zero Waste Team to find out more. Thanks to Senator Bill Ferguson and Delegate Barbara Frush for sponsoring this bill.
We supported a bill to reduce the use of antibiotics in farm animals (SB463/HB701). This important measure did not succeed in its initial year but our Food and Farming Team is continuing to analyze how this bill can succeed in the future. Thanks to Senator Paul Pinsky and Delegate Shane Robinson for sponsoring this bill.
All in all, a decent year! But we clearly have our work cut out for us next year. Join us – we grow stronger with each volunteer.
Doreen Cantor Paster
Legislative Chair, Maryland Sierra Club
P.S. – This year, many bills won or lost in a matter of hours, so we’re setting up a new alert system to get you the information you need to be more effective, and to have more of an impact when it counts the most! Allow us to add you to our new Legislative Rapid Response list, so that we can alert you when your legislator is about to take action or important legislation is coming up for a vote. Sign up here!