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2010 Maryland Legislative Session Review

Clean Water Action fought hard in Annapolis along with members and environmental allies to continue to improve Maryland's water and air quality as well as programs for land preservation. Leading up to and during the 90 day session, our members sent hundreds of letters and emails to elected officials supporting our agenda.

Clean Water Action had two major legislative priorities this year: stormwater and incinerators. We also worked to make sure the budget included adequate funding for state programs.

Stormwater

Clean Water Action and the South River Federation took the lead in promoting the Watershed Protection and Restoration Act (SB 686/HB 999). These bills would require that counties and municipalities create a stormwater fund supported by fees on residential and non-residential properties based on impervious surface coverage. The fund would support for stormwater capital projects, operation and management of stormwater facilities and grants for stormwater education and restoration work.

Clean Water Action and our allies brought together a diverse group of stakeholders to support the bills at committee hearings, including stormwater experts, government officials, businesses and sports and recreational groups.

We submitted testimony endorsed by 45 groups. Unfortunately, in an election year, the bill was overshadowed by a battle to preserve the Stormwater Management Act of 2007 regulations. While the bill ultimately died in committee, we are optimistic about its prospects in 2011.

Incinerators

Clean Water Action worked with legislators to draft SB 514/HB 1427 which would have prohibited the Department of the Environment from issuing a permit for an incinerator within 3 miles of an elementary school, hospital, nursing home, place of worship, an area zoned for residential use, park or recreation area, or a tributary of the Chesapeake Bay.

In supporting the bills Clean Water Action built a strong coalition of concerned citizens and local, state and national groups. Our testimony had almost 100 co-signatories. Although Clean Water Action opposes the use of incinerators as a means of dealing with solid waste, the bills were a good step for protecting communities from the harmful health and environmental impacts of incinerators. Unfortunately the bills were killed in Senate committee.

Funding

Clean Water Action and our allies successfully worked to preserve the operating budgets of state departments and agencies that protect the environment.

A big battle developed over the dedicated funding of programs to preserve open space and restore the Chesapeake Bay.

After a close call in the Senate, the General Assembly supported a budget that included $22.5 million for the Chesapeake Bay and Atlantic Costal Bays Trust Fund and preserved most of the funding for Program Open Space.

One new issue arose when the General Assembly initially moved to strip the Environmental Law Clinic at the University of Maryland of its funding because of action it took against a powerful polluter. In the end, they decided not to go this route.

Other Issues

Transportation legislation SB 760/HB 1155, which passed on the session's final day will make sure transportation projects are done in a way that combine the economic benefits and environmental sustainability of smart growth.

Clean Water Action worked with others to pass SB 359/HB 930 which would have required the Department of Agriculture to adopt regulations for reporting the usage and release of fertilizers and pesticides in Maryland. Unfortunately, the bill died in a Senate committee.

PBDEs are flame retardants that accumulate in the environment, fish and meat, breast milk and humans. Clean Water Action supported SB 556 which will require that deca-BDE be phased out and banned in consumer products.

In 2008 the US Centers for Disease Control and Prevention found detectable levels of bisphenol A (BPA) in people of all ages with the highest levels in children. We supported passage of SB 213/HB 33, which will prohibit the manufacture, sale, and distribution of child care articles containing BPA.

2-2.5 million tons of coal combustion by-products are generated each year from 9 power plants in Maryland. This coal or fly ash can cause respiratory problems and contaminate wells and groundwater. Clean Water Action supported a number of bills to better prevent this toxic ash from poisoning our waters. Several bills did not pass; HB 1508, which did pass, will prohibit MDE from issuing a permit for any coal combustion by-product landfills which would be located in a critical area. The will ensure that our water resources, wetlands and surrounding communities in critical areas will be protected.

Nitrogen pollution from boat sewage can help trigger algae blooms and depress oxygen levels which may stress aquatic life. SB 513/HB 1257 would require Maryland to apply to the EPA to establish all Maryland waters as a No Discharge Zone and would tighten up enforcement against illegal discharge of untreated sewage. The bill was passed by the Senate, but died in the House.

Thanks again to all our members for your letters, calls and e-mails to members of the General Assembly. Your pressure helped us move good bills forward and stop some bad ones.

Overall, given the constraints of this session, we made good progress...and we look forward to even greater success in 2011.

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