|
A legislative session widely described as one of the best in recent years for the environment produced new laws to encourage smart growth, promote clean water and fight childhood lead poisoning.
MDE Secretary Robert M. Summers was among those who applauded lawmakers for their work, calling the 2012 General Assembly session “a great one for water quality and children’s health.”
“Thanks to the leadership of Governor O’Malley and the Maryland General Assembly, these bills help us to protect, restore and support healthy waterways and drinking water while preserving farm and forest land, creating jobs that cannot be outsourced and benefitting Maryland families with clean water for years to come,” Summers said. “Clean water and a healthy economy go hand in hand. With this environmentally successful session, we are continuing our record of progress toward reaching our goal of protecting and restoring the quality of Maryland's air, water and land resources, while fostering smart growth, a thriving and sustainable economy and healthy communities.”
MDE tracked more than 550 bills and took an active role working toward the passage of two initiatives introduced by Governor O’Malley related to water quality.
Bills passed during the session included:
Bay Restoration Fund (SB 240/HB446) – Governor O’Malley proposed the bill to double the Bay Restoration Fund fee, making it possible to dramatically reduce levels of nitrogen and phosphorus entering Maryland waterways by funding upgrades to the 67 major wastewater treatment plants, upgrades to septic systems with best available technology for nitrogen removal and the planting of cover crops. The legislation also allows for grants to local jurisdictions for cost-efficient stormwater management projects such as tree planting and stream buffers if the jurisdiction has implemented a stormwater utility fee. This bill, along with other environmental measures, was signed into law May 2 by Governor O’Malley, Senate President Miller and Speaker of the House Busch.
The Sustainable Growth and Agricultural Preservation Act of 2012 (SB 236/HB 445) – Also proposed by Governor O’Malley, the legislation encourages jurisdictions to set up four growth tiers based on a state framework to encourage growth in existing communities and preserve large tracts of agricultural and forest land in Maryland. The legislation allows for major subdivisions on septic systems in some circumstances if the local jurisdiction plans for that growth. Local jurisdictions will be required to hold public hearings on their growth plans when their plans differ from the state framework.
Watershed Protection & Restoration Program (HB 987/SB 614) – This legislation requires the largest jurisdictions to implement a fee to fund efforts to reduce polluted stormwater runoff. Stormwater pollution from urban and suburban communities is the source of about one-fifth of the nitrogen and phosphorus polluting the Chesapeake Bay.
Reducing the Incidence of Lead Poisoning (HB 644) – Maryland’s laws to protect children’s health by advancing the mission of eliminating childhood lead poisoning were significantly strengthened during the 2012 session. This bill allows MDE to seek delegation to administer a federal rule that regulates renovations, repairs and painting in homes that were built before 1978, whether they are rental units or owner-occupied, and in pre-1978 facilities with young children. The rule requires contractors who do work on these properties to receive training and use safe work practices. The legislation also requires owners of rental properties built before 1978, when the use of lead paint was prohibited, to register these properties and take steps toward reducing the risk of lead poisoning beginning in January 2015. In addition, it raises the annual registration fee. Maryland’s lead law currently covers rental properties built before 1950, when lead paint was prohibited in Baltimore City.
Presumptive Impact Areas – Contamination Caused by Gas Wells in Deep Shale Deposits (HB 1123/SB 636) – Several bills were considered to address issues surrounding drilling for natural gas in the Marcellus Shale. This bill establishes an assumption that contamination of a drinking-water well within a half mile of a gas well within one year of the drilling or hydraulic fracturing for that gas well was caused by the gas well activity. This shifts the burden from the landowner to the company that drilled the well to prove that contamination was not caused by hydraulic fracturing.
MDE offered several bills to streamline current practices and improve regulatory programs, all of which passed.
Controlled Hazardous Substance Driver Certification – Elimination (SB 114) eliminates the statutory requirement to certify Maryland-domiciled drivers of vehicles transporting controlled hazardous substances. The development of new federal laws provides protection for the public safety. This change relieves these Maryland drivers of an unnecessary burden.
Waterworks and Wastewater Works Certified Operators (SB 115)eliminates a State requirement that a small water and wastewater facility be under the supervision of a superintendent if the facility serves less than 500 people, has minimal treatment requirements as set by the Department and employs two or fewer operators. This change is in line with the federal Safe Drinking Water Act, provides relief to very small water treatment systems that may already be struggling to find qualified personnel and is in line with the “Maryland Made Easy” initiative
Water Appropriation Permits - Construction Dewatering Projects (SB 117) – Work at active construction sites is often stalled for 30 days when the need for dewatering is discovered. This bill waives the public notice requirements and the holding of a hearing when an application is filed for a water appropriation permit for dewatering at these sites. Applicants would notify adjacent land owners who could then comment and request a hearing. This change is also in accordance with “Maryland Made Easy.”
Department of the Environment - Permit Proceedings - Judicial Review (HB 186) addressed a technical error to judicial review of permit determinations under State law. The bill clarifies that a party has the right to appeal to the Court of Special Appeals from an adverse ruling of a circuit court in a case under this law.
Noise Control (HB 190) – In 2004 the legislature cut funding for MDE’s Noise Control Program, leaving enforcement requirements for the Department but no staff for that purpose. This bill repeals the requirement for MDE to enforce noise control standards while keeping statewide requirements for maximum noise levels. Local governments, who can more efficiently enforce these standards, can enforce the state statute.
Several bills were passed regarding recycling, including a requirement for recycling at apartment buildings and condominiums (HB 1/SB 208), an effort to strengthen the state’s e-cycling program (HB 879) and a bill to increase the statewide recycling rate (HB 929).
Wetlands & Waterways Program Fees (HB 1411) streamlines the fee schedule to reduce the financial burden on residential property owners and eliminate the additional charge for major projects impacting rare, threatened or endangered species, historical and archeological resources, and natural and recreational trout waters.
|
