2013 ENVIRONMENTAL LEGISLATIVE WRAP-UP

Board of Directors
Anthony Caligiuri, Chair Chuck Porcari, Marcia Verploegen Lewis Jennifer Bevan-Dangel Anthony Caligiuri George Chmael Jay Falstad Bob Gallagher Peter Hamm Denise Ryan

April 8, 2013 Dear Conservation Voter, As the confetti fell at midnight last night to close the 2013 General Assembly session, Maryland LCV celebrated the landmark legislative victory marked by passage of the Maryland Offshore Wind Energy Act of 2013 (HB 226) after four years of a tremendous grassroots campaign and partnership with the Legislative Black Caucus, NAACP, and over 500 other businesses and groups. We commend Governor OMalley, President Miller, Speaker Busch, and Chairs Middleton and Davis for their leadership and thank all of the legislators who voted for the bill. We are also pleased other bills such as transportation funding passed. But that is not where the story of the 2013 session ends. The rest of the environmental communitys priorities were weakened or killed and a bill exempting agribusiness from future clean water laws passed. While we are disappointed, Maryland LCV is not knocked out by these fights but is instead gearing up to bring more environmental champions to the legislature in the 2014 elections. As you will read inside, priority environmental bills aside from the Offshore Wind Bill did not fare well. The Pesticide Reporting Act (SB 675/HB 775) passed but was amended to create a work group, which while not as strong as it was when it was introduced, is still a significant step forward. And in the final days of session, a priority bill to fix state property exemptions in the 2012 Stormwater bill was hijacked and almost became a two year delay of the strong stormwater program enacted last year. Unfortunately, the rest of our agenda including the Bag Fee Bill (HB1247/ SB511) and the Fracking Moratorium (SB 601/HB 1274) died in committee weeks before the end of the legislative session. Throughout these battles, we called on you to make your voice heard in Annapolis and you answered the call. Your visits, calls, and emails combined with our on-theground advocacy not only garnered deciding votes, but encouraged our freshman pro-conservation Senatorselected by youto lead the fight for critical bills and strengthening amendments. You stepped up to the plate and with your support Maryland is at the forefront of the clean energy economy. You let your legislators know that their votes will have consequences. We look forward to working with you next session as well as in the 2014 legislative elections, when citizens can ensure that legislators are rewarded or held accountable. Karla Raettig Executive Director

Staff Karla Raettig Executive Director Jen Brock-Cancellieri Karen Polet Doory Dannielle Lipinski Alicia Luckhardt Meredith Moise

86 Maryland Avenue Annapolis, MD 21401 410-280-9855 410-280-9857 (fax) info@mdlcv.org www.mdlcv.org

2013 GENERAL ASSEMBLY WINNERS & LOSERS

Agricultural Certainty Bag Bill Fracking Moratorium Green Infrastructure Budget Offshore Wind Energy Pesticide Information Act Recycle for Real Stormwater

At midnight on April 8, the 2013 session of the Maryland General Assembly adjourned. With your help, the Maryland League of Conservation Voters worked to keep the environment front and center for lawmakers. Here are some highlights and lowlights of the 2013 legislative session:

Bag Bill
Sponsor: Delegate Carr

SB 576 Sen. Bag Frosh, BillRaskin/HB 1086 Del. Summers, HB 1247, Washington Del. Washington

The Community Clean Up and Greening Act of 2013 would have established a five-cent fee for plastic and paper carryout bags with the proceeds split among the retailers, the Chesapeake Bay Trust, and the counties. Most proceeds would go to the counties for environmental cleanup, restoration of impaired waterways, and public education. The House Environmental Matters Committee amended it to enable counties to establish a fee and passed it (17-4). It then died in the House Economic Matters Committee (14-9).

Fracking Moratorium

SB 601 Sen. Zirkin/HB 1274 Del. Mizeur

This legislative moratorium on hydraulic fracking would have provided an 18 month period to conduct and review studies of the process, and would have required the adoption of regulations based on the recommendations from the studies. This bill died by one vote in the Senate Education, Health, and Environmental Affairs Committee (6-5).

Budget

SB 125 Pres. Miller/HB 100 Spkr Busch

The Federal budget sequestration challenged legislators work to pass a balanced budget. We urged legislators to ensure dedicated environmental funds were protected. While we appreciate that most environmental funds, agency enforcement, and fracking study funds were protected, we are disappointed with cuts to Open Space Funding: Chesapeake Bay Trust Fund - $68 million Hydraulic Fracturing Study - $1.5 million Energy Efficiency full funding Agency Enforcement - protected

Program Open Space: more than 70% Funded ($8 million cut)

Offshore Wind Energy

SB 275 Pres. Miller/HB 266 Spkr Busch (Request of Gov. OMalley)

The Maryland Offshore Wind Energy Act of 2013 will set up a market-driven process to incentivize the construction of approximately 40 ocean-based wind turbines capable of producing enough electricity to power a third of the homes on the Eastern Shore. This bill passed with overwhelming support in both chambers.

Pesticide Information Act

SB 675 Sen. Manno/HB 775 Del. Lafferty

Advocates obviously would have preferred to see the bill passed as it was crafted. However, we support the bill as amended and passed with bi-partisan support that creates a workgroup to evaluate the latest scientific research and learn more about the data gaps, to address stakeholders concerns and questions, and to make legislative recommendations on how we can get more information about pesticide use in Maryland. We will shape part of our 2014 legislative agenda around the workgroups preliminary recommendations, due by the end of December.

Stormwater

HB 508 Del. Carr

In the final days of session, a priority bill to strengthen watershed protection and restoration programs by requiring State properties to pay stormwater utility fees if the propertys stormwater issues are not already addressed through a NPDES permit was hijacked and almost turned into a two year delay of the strong stormwater program enacted last year. While the Senate passed the amended bill, the House did not vote on the bill.

Other Environmentally Important Bills

Transportation Infrastructure Investment Act of 2013 (SB 1054/HB 1515): This legislation will raise transportation funds. Of particular interest are funds that will support increased transit in every part of the state and the funds for the Watershed Implementation Plan for transportation projects. RPSQualifying Biomass (SB 684/HB 1102): This legislation would have phased out old facilities from the states Renewable Portfolio Standard that burn biomass, such as black liquor (paper mill waste byproduct) and wood waste, and qualify new efficient biomass. The bill was amended to protect Maryland's only paper mill (Luke Mill) from economic impacts. The Senate passed the bill (33-13) and it died in the House Economic Matters Committee. Ban Toxic Tris (HB 99): TCEP and TDCPP (chlorinated Tris) are two commonly used flame retardants added to foam in furniture and baby products. This legislation bans the manufacture, sale, and distribution of consumer products containing TCEP and TDCPP. Zero Energy Home Construction (SB 935/HB1489): This bill would have established a fund to incentivize the construction of energy-efficient homes. Agricultural Certainty (SB1029): This bill, which was rushed through both chambers, grants participating agricultural operations a 10-year exemption from new state and local rules to protect water quality. A unified group of 23 organizations urged legislators to amend or reject this bill. We commend several legislative champs for raising the bar of the discussion and addressing agricultural pollution and shining a spotlight on the lack of transparency in the implementation of current agricultural practices that directly affect the quality of our shared waters. Sustainable Growth and Agriculture Act Repeal (SB391/HB106): This bill would have repealed a 2012 bill that limits the proliferation of major developments served by on-site sewage disposal (or septic) systems. It died in committee. Recycle For Real (SB 641/HB 1085): This bill would have provided an incentive for consumers to increase the number of containers returned and recycled by establishing a self-funded returnable 100% deposit program for beverage containers. This bill was withdrawn by the House Sponsor and will be explored further over the summer. Nutrient Management PlansSoil Testing (SB 739) This legislation requires the Maryland Department of Agriculture to maintain a public database of soil test results for certain farmers.

What can you do to help? Visit our website at www.mdlcv.org to:

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86 Maryland Avenue Annapolis, MD 21401 410-80-9855 www.mdlcv.org info@mdlcv.org For more than 30 years, the Maryland League of Conservation Voters has been the independent political voice for the environment in our state. Maryland LCV is dedicated to making environmental protection and restoration a top priority for Marylands elected officials, appointed leaders, candidates, and voters. The Maryland League of Conservation Voters advocates for sound conservation policies, works to get proenvironment candidates elected, and holds elected officials accountable for their votes and actions.

Watch for the release of the Maryland LCV Environmental Scorecard this Summer !
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Maryland League of Conservation Voters 86 Maryland Avenue * Annapolis, MD 21401 * Phone:410-280-9855 * Fax: 410-280-9857 info@mdlcv.org * www.mdlcv.org