MACo Addresses SWAM on Accounting For Growth Policy

May 16, 2013

MACo Legal and Policy Counsel Les Knapp addressed the Stormwater Association of Maryland (SWAM) on June 15 on Maryland’s proposed Accounting for Growth (AFG) Policy.  As previously reported on Conduit Street, the Maryland Department of the Environment (MDE) is overseeing a stakeholders workgroup to draft an offset policy for water pollution generated by new development and growth in the state.  The offset requirements would be in addition to the nitrogen, phosphorous, and sediment reduction goals of the Chesapeake Bay Total Maximum Daily Load, which largely targets currently existing development and pollution sources.

As part of his presentation, Mr. Knapp discussed the goal of the AFG Policy, the projected timeline for the AFG Workgroup (draft regulations by December), the key stakeholders on the workgroup, and the primary components of the draft AFG policy.  Mr. Knapp also offered the following observations:

  • The AFG Policy has the potential to have a greater impact on practitioners and stakeholders than previous land use and environmental initiatives, such as the 2012 septic system legislation or PlanMaryland.
  • The AFG Workgroup has identified the overall components for an AFG Policy but much more work and consensus is needed on the details of the Policy.
  • The draft Policy not only includes water pollution reduction goals but also land use goals, which can sometimes complicate or even run counter to the water pollution reduction goals.
  • Having proposed regulations for an AFG Policy by December is ambitious but possible.
  •  MACo has been engaged throughout the process and will remain an active participant until the AFG Policy is finalized.

For further information, please contact Les Knapp at lknapp@mdcounties.org or 410.269.0043

 

 

 


Stakeholders Continue Work on “Accounting for Growth”

May 15, 2013

A wide group of stakeholders, organized by the Maryland Department of the Environment and including counties, continues to meet to work out mechanics of a forthcoming policy to create offsets for nutrient loads arising from continued development in the state.  The overall effort, labeled “Accounting for Growth,” (or AFG) is likely to yield regulations by the end of the year.

MDE’s webpage on “Accounting for Growth” includes this summary:

Maryland’s plan for addressing pollution load from new development centers on: 1) the strategic allotment of nutrient loads to large wastewater treatment plants to accommodate growth; and 2) the requirement that all other new loads must be offset by securing pollution credits. To ensure that there are sufficient credits available, the State is designing its AFG policy to induce a robust nutrient trading market in Maryland, which would, in turn, lower pollution reduction costs, especially for local government, developers, tax and rate payers, and accelerate the Bay’s restoration.

The workgroup met on Friday, May 10, to review progress made by several sub-groups in recent weeks, and to further refine its attentions across a wide range of outstanding issues. The workgroup has stated a goal to complete its own work by the end of June, and expects to hold three further meetings in the coming weeks to do so.

Among the major issues remaining are:

-how to calculate the amount of nutrients required to be offset under the AFG policy — which involves defining both the “before development” and “after development” nutrient loads, and the special cases raised by agricultural land being converted to other more intensive uses that may not generate as much nutrient runoff

-the creation and fostering of a robust trading program, where an actor proposing a new development may seek credits to offset its added nutrient load, by purchasing them from other sources — this debate involves both the calculation and geography of such a trading program, and a a desire to “retire” credits as part of these exchanges

-the responsibility for verifying and observing load-reducing efforts — including a debate over the timing of such offsets (permanent of fixed in time) and the oversight duty (state, county, or third party)

MACo and county governments have been formally represented on the workgroup by Harford County Council Member Mary Ann Lisanti, Talbot County Planner Sandy Coyman, and Shannon Moore from Frederick County’s Office of Sustainability and Environmental Resources.  Steve Stewart from the Baltimore County Department of Environmental Protection and Resource Management has also been an active participant and Les Knapp from the MACo staff has been closely involved in both a policy and technical capacity.

For more information about the AfG workgroup and MACo’s involvement, contact MACo Legal and Policy Counsel Les Knapp.


Webinar Asks: Should Maryland Adopt A California-Style Air Emissions System?

May 14, 2013

The University of Maryland School of Architecture, Planning and Preservation and the National Center for Smart Growth has launched a series of “Brown Bag Webinars” that examine various growth and land use issues.  The next webinar is entitled “Should Maryland Adopt a California-Style SB 375 System?”  The webinar will take place on Thursday, May 16 from 3:30 - 4:30 PM at the Preinkert Field House – Conference Room 1112V, at the University of Maryland, College Park.  You can attend the event in person or access a webcast during or after the event here.

The webinar will be presented by William Fulton from Smart Growth America (SGA).  From the National Center’s webinar page:

Since 2008, California has been engaged in a major experiment in regional planning — implementing SB 375, a law that requires each metropolitan region in the state to alter transportation investments and land use decisions so that greenhouse gas emissions are reduced. Each region’s “Sustainable Communities Strategy” is now in place and local governments throughout the state are grappling with how to implement these strategies. What has California’s experience been so far? Is the SB 375 approach a good model for other states, including Maryland? Longtime Californian Bill Fulton, now with Smart Growth America, will provide an update of the California situation and observations about what Maryland can learn.

William Fulton, AICP is Smart Growth America’s Vice President & Director of Policy Development & Implementation. A former Mayor of Ventura, CA, Bill joined SGA after a long career as an urban planner, author, professor, and politician in California. He is the author of several important books on urban planning, including The Reluctant Metropolis: The Politics of Urban Growth in Los Angeles; The Regional City: Planning of the End of Sprawl (co-authored with Peter Calthorpe); and the textbook Guide to California Planning. Bill is also a Principal in the California-based planning firm, The Planning Center | DC&E and a Senior Scholar at the Price School of Public Policy at the University of Southern California. As a practicing urban planner and economic development consultant, Bill has worked on a wide variety of projects, including local transit-oriented development plans, a GIS tool to identify and quantify infill development potential; transferable development rights programs; and California’s recent transition away from redevelopment. As a city councilmember and mayor in Ventura, he championed the passage of an all-infill general plan, a revised growth management system; and an innovative effort to incubate high-tech businesses. A native of the Finger Lakes region of Upstate New York, Bill graduated from St. Bonaventure University and holds graduate degrees in journalism/public affairs from The American University in Washington D.C., and in urban planning from UCLA in Los Angeles. In 2009, he was selected by Planetizen as one of the Top 100 Urban Thinkers.

As previously reported on Conduit Street, the State is considering adopting the SB 375 model, which would assign vehicle miles traveled (VMT) targets to local governments.  Local governments would have to adhere to the VMT targets when making transportation and land use decisions.  The SB 375 model may be combined with another California requirement, San Joaquin Air Pollution Control District Rule 9510, which requires a development or transportation project to offset the air pollution generated by the project, including from indirect sources such as automobile travel.


Harford Adopts Stormwater Legislation

May 10, 2013

As reported in the Baltimore Sun, Harford County Executive David Craig issued a lengthy statement critiquing the fee which has been dubbed a “rain tax” in national news.

County Executive Craig recently signed the county’s new stormwater implementation fee into law, though the bill he signed reduced the stormwater fees to 10% of what he originally proposed for residences and businesses, at least for the first year of the fees.  The amended bill also provides for 100% exemption for properties with certain stormwater reduction systems already in place, and for a task force to study the issue and make recommendations to the County Council and Executive. As reported in the Sun.

Craig signed off on legislation passed last month that is significantly different than what he himself had proposed two months earlier. The net effect is Harford went from potentially having one of the highest residential stormwater remediation fees in the state to one of the lowest, or at least for the next year.

In a statement released today, the County Executive, who spoke out against the stormwater fee in Annapolis last year, said he concurs with the county council’s reduction of the proposed fee and creation of the task force, according to the Sun.

“I commend and thank the County Council for working with my administration on this difficult issue, and I fully support their task force to further study this heavy-handed state mandate,” the county executive’s statement Friday said.

For more information, see the full story from the Sun, Harford County’s Stormwater Fee Bill 4.25.13, and our previous posts on Conduit Street.


Counties Striving to Meet, Exceed Recycling Goals

May 10, 2013

In the Maryland Recycling Act, the General Assembly set recycling goals for Maryland’s counties based on their population size. For counties with populations greater than 150,000, the goal is reduction through recycling of at least 35% of the county’s solid waste stream by weight. For counties with a population less than 150,000, the goal is reduction through recycling of at least 20% of the county’s solid waste stream. The Maryland Department of Environment collects data to determine whether counties are meeting those goals.

chart

Anticipating a focus on “zero waste” as a major issue in the coming legislative session, Conduit Street is sharing this detail snapshot of counties current waste management practices, based on data collected by the Maryland Department of the Environment.

The Department’s most recent data, displayed in the chart below, shows that almost all of Maryland’s jurisdictions far surpass the Maryland Recycling Act goals.  The average recycling rate of counties with populations over 150,000 is 47%, 12% above the required rate.  The average recycling rate for counties with populations less than 150,000 is 37%, 17% above the goal. Note that in the chart the “Mid-Shore” category includes data Caroline, Kent, Queen Anne’s and Talbot Counties, which are managed by the Mid-Shore Regional Recycling Program. MD Recycling Act Rates

The Department of Environment further notes that many counties go beyond “core” recyclables such as mixed paper (i.e., all paper types, envelopes,books, cardboard, magazines, newspaper, and telephone books), containers (i.e., glass, metal, and plastic), white goods (i.e., appliances), and organics (i.e., yard trimmings and Christmas tree recycling).
Counties that go beyond collecting “core” recyclables are engaged in source reduction programs – such as encouraging composting, and specialized recycling programs to pick-up products that are especially hazardous for the environment.  Fluorescent lights, expired medication, paint, mercury and other hazardous household waste are collected.
The number of counties offering these programs are detailed in the chart below:
core&beyond

For more information, see the most recent Maryland Solid Waste Management and Diversion Report from the Maryland Department of the Environment, the County Recycling Fact Sheets, and our previous posts in this Conduit Street series:

Zero Waste in Maryland – Signals from 2013

Zero Waste: Recent Related Legislative Initiatives


Frederick County’s Top-Recycling Schools Awarded

May 10, 2013

Eight Frederick County Elementary Schools will be honored next week for their recycling efforts from September 2012 through March 2013.  The recycling rates were tallied by assessing the weight of the recyclable materials collected from each site, divided by the number of recyclers (staff and students) present in each school.  Announced by the Department of Solid Waste Management (DSWM), the top eight of the 37 schools that participated are:

  1. Emmitsburg Elementary, 38.36 pounds recycled per person this school year
  2. Woodsboro Elementary, 36.06 pounds
  3. Ballenger Creek Elementary, 25.53 pounds
  4. Thurmont Primary, 23.57 pounds
  5. Orchard Grove Elementary, 22.99 pounds
  6. Wolfsville Elementary, 22.58 pounds
  7. Liberty Elementary, 20.90 pounds
  8. Waverley Elementary, 20.82 pounds

From Frederick County’s press release:

To recognize the efforts of these schools, each facility will be awarded a school-wide assembly for all staff and students. The program is an interactive performance by a professional magician whose act incorporates a theme of “The Magic of Recycling!” This prize, made possible by an educational grant from Waste Management Recycle America, supports the county’s goal of encouraging students and school staff to examine waste issues and continue their efforts to recycle more and waste less.

All public schools in Frederick County may participate in the single-stream recycling program.  For more information about local waste reduction and recycling programs for youth, please visit Frederick County’s DSWM website.

 


MDP Offering E-Newsletter “Maryland Planning Today”

May 8, 2013

MPT logo

The Maryland Department of Planning publishes an electronic digest, titled “Maryland Planning Today” that covers both planning-related and general news from around the state. The e-newsletter is released three times a week, and is distributed free via email.

Today’s May 8 edition includes links to 17 “General News” stories, and an additional 35 articles from regional newspapers and websites around Maryland, many detailing issues before or around county government.

To view the archives of recent editions, visit these MDP websites:

Recent Digests Online
Sign Up To Receive MDP Mailings


Salisbury City Council Considers Stormwater Fee

May 8, 2013

A May 5 Delmarvanow.com article discusses the City of Salisbury’s consideration of a stormwater fee.  The City Council was scheduled to hear a presentation by University of Maryland researchers at their May 5 meeting on the need for such a dedicated fee.

A new study calls for creating a utility to raise more than $25 million throughout 10 years to pay for maintaining and upgrading the system. The City Council is scheduled to hear a presentation today about the “Stormwater Financing Feasibility Study,” which was compiled during the course of a year by University of Maryland researchers.  …

The report suggests charging a flat fee of $40 for each residential property for the first four years. From years five through seven, it jumps to $45. By year eight, it hits $50.

Owners of other types of properties would pay a fee linked to their size and based on the flat residential fee.

Mayor Jim Ireton, though, is recommending that the council adopt a $20 annual fee for homes. If approved, the fees would begin Jan. 1, 2015, and generate about $500,000 for the remaining six months of that fiscal year, officials say.  …

Salisbury is far from alone in contemplating or approving a stormwater utility on the Lower Shore. Berlin created a utility earlier this year, charging a flat rate of $50 a home. Ocean City officials are discussing a $35-a-year fee.

 


Governor O’Malley Signed Landmark Forest Legislation

May 6, 2013

On May 2, Governor O’Malley signed a piece of forest legislation into law.  The

first-of-its-kind legislation amends Maryland’s forest conservation policy to maintain the State’s current 40 percent tree canopy ─ a no-net-loss. The bill establishes new and expanded reforestation incentives and tools to help landowners and local governments meet and surpass the statewide goal.

In addition to the no-net-loss requirements, Maryland’s Forest Preservation Act of 2013 (House Bill 706) adds a dual sustainability certification of State Forests requirement, and extends tax benefits to more Marylanders who work to increase tree cover on their property.

From O’Malley’s press release:

Until now, landowners could deduct between 10 and 500 acres worth of forestry expenses from their income tax liability. This legislation expands that amount to 3 to 1,000 acres, making more private property owners eligible for tax credits. By including smaller land areas, more Marylanders will have incentive to convert residential turf to trees, and increase, retain and manage forest cover on these properties. Forest stewardship activities include tree plantings, creating and maintaining forested stream buffers, controlling invasive species, and other best management practices that improve forest health.

For more information on the forest legislation, click here.


MDA Seeks Members for Agricultural Certainty Oversight Committee – Resumes Due by June 1

May 6, 2013

The Maryland Department of Agriculture (MDA) is looking for people interested in serving on the Oversight Committee which will develop the regulations necessary to implement the Agricultural Certainty Program.

The program,

which MDA will develop in cooperation with the Maryland Department of the Environment, will allow farmers who voluntarily implement advanced best management practices (BMPs) to conduct their business without additional regulations for ten years. After ten years, however, farmers will have to be in full compliance with all regulations in effect at that time. The intention of the program is to help speed up Bay Restoration efforts by encouraging farmers to more quickly implement BMPs while providing them with a predictable regulatory environment.

Governor O’Malley signed the Maryland Agricultural Certainty Bill (SB 1029) on Thursday, May 2.

Members of the Oversight Committee will be selected by Agriculture Secretary Buddy Hance. In addition to the eight members who will be selected to represent agriculture and environmental interests, the committee will include representatives of state and federal regulatory and technical agencies, along with perspectives from soil conservation districts, academia, and the Maryland General Assembly.

Those interested in being on the committee should have a strong background in agricultural and/or environmental issues. Resumes must be received by June 1. Committee members will not be compensated.

Visit MDA’s website for more information on the Agricultural Certainty Program.


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