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Maryland lawmakers have taken steps to further protect Maryland children from lead paint poisoning, and they will continue to explore other issues affecting the environment and public health for possible future action.
The cautious approach to initiatives involving the use of septic systems in new subdivisions and development of wind power came in a General Assembly session marked by ongoing attention to economic conditions and the state government budget. Despite those concerns, the Maryland Department of the Environment saw only small legislative reductions to its budget.
One bill that gained approval modifies the requirements of Maryland’s successful lead paint program. House Bill 1033 requires owners of pre-1950 rental properties to obtain a passing “dust test” for each rental unit and ensure that any chipping, peeling, or flaking paint is removed or repainted at the time of turn over. Currently, affected property owners are given the choice of obtaining a dust test or showing that they undertook remediation, but improperly done remediation can either fail to remove hazards or, in some cases, worsen them.
The bill also calls for the establishment of a study group to evaluate such issues as the fee structure for rental property registration under the Maryland lead law and ways to fight lead poisoning in owner-occupied properties or rental properties not covered by the state’s 1994 law. Since 1993, Maryland has reduced childhood lead poisoning by nearly 98 percent, and in 2009 more Maryland children were tested for lead poisoning and fewer were poisoned by lead than in any year since figures have been collected. But today more Maryland children with elevated blood lead levels live in housing not covered by Maryland’s lead law than in regulated rental housing.
HB 852/SB 634, the Marcellus Shale Safe Drilling Act of 2011, was not approved by the full General Assembly. The bills would have required MDE to study certain issues related to safety and water quality before issuing any drilling permits, and would have imposed a fee on applicants to fund the study. On June 6, Governor Martin O’Malley issued an Executive Order establishing the Marcellus Shale Safe Drilling Initiative. The Order requires MDE and the Department of Natural Resources, in consultation with an advisory commission made up of a broad array of stakeholders, to undertake a study of drilling for natural gas from the Marcellus Shale in Western Maryland.
HB 1107/SB 846, the Sustainable Growth and Agricultural Preservation Act of 2011, would have banned the use of individual septic systems for new homes constructed in large subdivisions, instead requiring the use of community systems that minimize nitrogen discharges to protect groundwater, surface water, and Chesapeake Bay water quality. Governor O’Malley and MDE strongly supported the legislation, and although it did not pass the Governor signed an Executive Order to establish a Task Force to look at this issue and make recommendations to prevent continued water quality deterioration by construction of new large housing developments served by septic systems.
Similarly, a proposal for the use of wind power was referred to summer study. The legislature will explore this and other issues over the legislative interim and will likely consider them again during the 2012 legislative session.
Rather than acting on several bills related to recycling, the legislature chose to ask MDE to further consider several issues, including bar and restaurant recycling, bottle deposits, and electronic recycling, in the waste management and recycling workgroup being led by MDE. This workgroup will develop a report with recommendations before the 2012 legislative session.
In all, MDE tracked nearly 500 pieces of legislation. Legislation of significance to MDE that was approved included:
Lead reduction and hazardous substances
HB 4, which extends the prohibition on bisphenol-A in children's products, prohibiting the chemical from containers for food and beverage products intended to be primarily consumed by children under the age of three.
HB 145, which prohibits the manufacture, sale, and distribution of any children’s jewelry that contains cadmium after July 1, 2012.
HB 1254, which was introduced at the request of MDE to stagger pre-1950 rental property registration and fee due dates, rather than require all registrations to be due on or before December 31, 2010 as is the current practice. This will better distribute the Department’s work associated with managing rental property registrations. Regulations will need to be adopted to implement this change.
HB 817, which requires the Department to post information regarding composting on MDE's website and develop a report to the legislature on the laws related to composting.
Water quality
HB 53/SB 320, which extends the prohibition on phosphorus in dishwashing detergent to commercial detergents beginning July 1, 2013.
HB 57/SB 539, which allows Bay Restoration Funds to be used to connect properties using individual septic systems to an existing municipal wastewater facility that is also achieving enhanced nutrient removal level treatment in certain instances.
HB 1053/SB 847, which builds on the aquaculture advancements made to Maryland’s shellfish aquaculture program under a 2009 initiative by further streamlining coordination and regulatory functions within State government.
Fiscal Issues
HB 210, which was introduced at the request of the Department, makes state law consistent with federal law, allowing a higher percentage of Federal Abandoned Mine Reclamation Funds to be utilized for Acid Mine Drainage activities.
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