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The 2007 Legislative Session of the Maryland General Assembly opened with a palpable air of energy and excitement as Governor Martin O’Malley’s Administration came into office. This energy carried throughout the session, as many pieces of environmentally beneficial legislation rode this wave to passage. Efforts toward clean air, protecting the Chesapeake Bay and doing our part to mitigate global warming rang victorious.
Green Fund Grows in Seedling Stages
In a year where so much was accomplished, there was at least one noteworthy loss. Many environmental initiatives are still without an adequate funding source, particularly in accomplishing the goal of cleaning up the Chesapeake Bay. HB 1220 and SB 901, termed “The Green Fund,” would have imposed a fee on new impervious surfaces in the State. The money generated by this fee would have been dedicated to stormwater pollution prevention and Smart Growth initiatives, bridging the existing funding gap.
Although it is disappointing that Maryland will go yet another year without adequate funding to clean up the Bay, it is not completely unexpected that the bill did not pass. Legislation of this magnitude often takes more than one session to move through the legislature. Significant work was accomplished and the bill will be revisited in the coming year.
Laying the Groundwork
While there is still much to accomplish in coming sessions, such as reducing greenhouse gasses and increasing our dependence on cleaner, renewable fuels, the General Assembly and Governor took momentous steps during the 2007 session with the passage of significant legislation.
HB 131/SB 130 - The Clean Cars Act – Requires Maryland to adopt California’s car emissions standards that are more stringent than current federal standards. The bill will reduce greenhouse gas emissions that are a major cause of global warming. The greenhouse gas standards will be phased-in between 2009 and 2016 to achieve 30 percent less carbon dioxide emitted from new vehicles.
HB 488 - Electronics recycling – Makes this pilot program permanent law and allow MDE to regulate who is allowed to sell electronics in Maryland by requiring a fee. The bill also clarifies “covered electronic device” to include monitors and television screens and gives the Comptroller the enforcement power to fine retailers who sell unregistered items.
HB 1131/SB 766 - Phosphorus – As of January 1, 2010, only a minimal amount of phosphorous, a nutrient pollutant, will be allowed in dishwashing detergent sold in Maryland. Reducing phosphorus loadings is a goal of the Chesapeake 2000 Agreement.
HB 1215 - Community Right-to-Know – Federal statute requires companies to report to MDE chemicals and the quantities housed on their property, so that fire departments and emergency management can respond to emergencies. A simple change in the bill allows an extended fee paying period.
HB 1291 - Solid Waste Criminal Penalty – Provides MDE with the enforcement authority to impose criminal penalty for violations of the solid waste law. This will assist the department with addressing illegal dumpers and users of waste transport who allow waste to be dumped on their property in clear violation of law.
SB 784/HB 786 - Stormwater Management Act of 2007 - Stormwater runoff is a major cause of disrupted shoreline and Bay overnutrification. This bill requires stormwater management practices to mimic natural water runoff and minimize land development impact on water resources. The stricter standard reduces pollution runoff to the Bay from impervious surfaces such pavement, roofs, and structures.
SB 970 - Water Appropriation – Exempts users of less than 5,000 gallons per day (comprising two-thirds of MDE permits issued) from having to obtain a water appropriation permit. This will free up two full-time MDE employees to focus on larger, more complex permittees. The bill also provides civil penalty authority and updates the criminal penalty.
SB 973 - Permissible Methods of Service – To protect our children from lead poisoning, MDE moved forward to eliminate specific language and outdated methods of service that had inhibited the department from moving forward with cases against individuals not in compliance with the lead laws. For instance, instead of serving the individual directly, MDE can now leave the summons at his or her known residence as long as it is with someone at least 18 years of age. This will significantly reduce the time and resources that MDE spends hunting down landlords who violate the lead laws.
SB 975 - Oil Pollution & Tank Management – Recognizes ethanol and biodiesel as a fuel, regulated in storage tanks just like other fuel sources. It also provides MDE with clear authority to stop fuel from being shipped to out of compliance underground storage tanks.
While this year’s session proved productive, there is still much work to be accomplished. The department has already begun work for the 2008 Legislative Session by engaging a work group to scrutinize our internal functions and funding sources. MDE will also continue to work with stakeholders on identifying appropriate mechanisms for bridging the funding gap in cleaning up the Chesapeake Bay. The 2007 Session laid the groundwork for equally successful sessions in the years to come.
Editor's Note: This story has been edited from its original content.
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