March 9, 2010
Even in the absence of bill hearings and more traditional venues for testimony and concern, MACo has advocated for flexibility in implementing new stormwater regulations regarding environmental site design and runoff reduction. Counties have nee raising concerns with interference with projects already receiving approval under “old rules” for stormwater management, and regarding the narrow interpretation of “redevelopment” used that may impede generally positive downtown projects. In recent days, MACo has been among several stakeholders working toward a compromise on the issue, the essence of which is detailed in today’s Baltimore Sun.
From the Sun article:
Builders, environmentalists and government officials have reached a compromise in a looming legislative fight that threatened to weaken Maryland’s new storm-water pollution rules, they said Monday.
The deal, hammered out over more than a week of negotiations, would head off a move by lawmakers in Annapolis to soften or delay by up to a decade the requirements for controlling runoff from development, which are supposed to take effect May 4.
Further in the Sun coverage, the range of views on the sensitive issue becomes evident:
Under the compromise, projects that already have preliminary approval from county or municipal government would be able to proceed in many cases under existing, less-stringent, storm-water rules. Developers would get up to three years to get final local approval of their plans, but they would have to start construction by 2017 or be forced to install more runoff controls.
Environmentalists have pressed to get new storm-water controls in place as soon as possible, saying that runoff from urban and suburban lands is the only source of bay pollution that is growing.
“It’s never a good thing where we’re going to postpone cleaning up the Chesapeake Bay a bit,” said Dru Schmidt-Perkins, executive director of 1000 Friends of Maryland, an anti-sprawl group. But she said the deal clarifies and limits the breaks given to projects.
Redevelopment projects in designated growth areas also would be eligible for waivers. Baltimore City and Baltimore County officials had complained, as had others, that the regulations would discourage “infill” development and urban and suburban revitalization efforts.
“We think we’ve got a solution here that’s a reasonable solution and that acknowledges the reality of projects we’re trying to get in the future,” said David A.C. Carroll, director of sustainability for Baltimore County.
Environmentalists said they were satisfied in preventing more serious changes in the law.
A bill hearing on HB 1125, legislation introduced to alter and defer many of the proposed regulations, has been canceled by the House Environmental Matters Committee, likely pending the continued work toward this compromise.
March 9 Center Maryland Article
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Uncategorized | Tagged: Delegate McIntosh, Environment, House Environmental Matters Committee, Maryland Department of the Environment, Stormwater Management | 
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Posted by Michael Sanderson
March 7, 2010
Katherine Antos from the United State’s Environmental Protection Agency’s (EPA’s) Chesapeake Bay Program Office addressed the MACo Legislative Committee on March 3. Ms. Antos discussed the forthcoming total maximum daily load (TMDL) requirements for the Bay.
TMDLs are limits on the amount of nitrogen, phosphorous, and sediment that can be discharged into the Bay or a tributary of the Bay. All of the Bay states and their local governments will have to abide by these limits, which will vary by watershed. Limits will be set for both point and nonpoint sources to meet Bay water quality standards. Ms. Antos noted that final TMDL numbers will be released in December. The states must have the first phase of their Watershed Implementation Plans complete by November. The Plans will describe how the State and local governments will meet the TMDLs, including 2-year milestones to assess progress. The Maryland Department of the Environment will be the primary implementing agency at the State level.
Ms. Antos also discussed the technical and potential monetary assistance that may be available from the federal government, and the potential consequences for failing to meet the milestones. She stated that the most likely consequences would be the denial of federally issued permits, revocation of a state’s permit issuance authority, and the withholding of federal funding for environmental programs.
EPA Chesapeake Bay TMDL Website
Maryland Department of the Environment TMDL Website
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Posted by Les Knapp
February 28, 2010
There are many State budget documents available to review, but county government related information is often buried in multi-page reports where it is difficult to locate.
MACo has identified several sections of the budget that affect county government and posted them on a table on the Budget and Tax page of the Research section. Based on issues already raised, the following areas are highlighted: Overview of State Aid to Local Governments, Highway User Revenues, Procurement of Voting Systems, Disparity Grant, Local Health Departments and the Environment.
The MACo staff will continue to add relevant issues from the budget as they arise.
Leave a Comment » | Uncategorized | Tagged: Budget Cuts, Disparity Grant, Environment, Highway User Revenues, Local Health Departments, State Budget, Voting Systems | Permalink
Posted by Ellen Clarke
February 27, 2010
At the request of House Environmental Matters Committee Chair Maggie McIntosh, a group of interested stakeholders has been meeting since February 25 to reach a compromise on concerns raised by new State stormwater management regulations that will go into effect on May 4. Stakeholders include several Committee members and representatives from MACo, the Maryland Municipal League, the building community, the environmental community, and the Maryland Department of the Environment (MDE)
The group hopes to modify guidance language proposed by MDE that would address concerns of some stakeholders, including MACo, about the impact the regulations would have on: (1) projects already “in the pipeline,” including long-term staged development projects; and (2) redevelopment and revitalization projects, which are necessary for Smart Growth. MACo also strongly believes it will be necessary to either codify the guidance language in statute or regulation in order to protect counties from potential litigation when interpreting the regulations. The group has a deadline of Tuesday, March 2, to produce results.
A prior Conduit Street blog article provides additional background information.
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Posted by Les Knapp
February 27, 2010
MACo Associate Director Les Knapp testified in support of HB 685 with amendments before the House Environmental Matters Committee on February 24. The bill, introduced by Delegate Dana Stein, requires each county to have a recycling plan for the collection and recycling of fluorescent and compact fluorescent lights that contain mercury by October 1, 2011.
Mr. Knapp testified that because fluorescent lights contain mercury, a hazardous substance, recycling and disposal are more complicated. He stated that while MACo did not have an issue with a county having a recycling plan for fluorescent lights, MACo could not support any measure that imposed an additional unfunded mandate on the counties, especially during the current fiscal crisis. He suggested amendments making the bill analogous to electronics recycling legislation passed by the Committee in 2005 and 2007 that did not impose an unfunded mandate on county governments.
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Posted by Les Knapp
February 20, 2010
As recently reported by Conduit Street, legislation has been introduced to alter the grandfathering and redevelopment provisions of the Maryland Department of the Environment’s (MDE) new stormwater management regulations, which are set to take effect May 4, 2010. HB 1125, sponsored by Delegate Marvin Holmes, is set to be heard by the House Environmental Matters Committee on March 3 at 1:00 PM. A Senate bill, sponsored by Senator Ed DeGrange and other members of the Senate leadership is expected to be introduced soon.
The regulations will require developers to use environmental site design (ESD) techniques, such as vegetated swales, rain gardens, green roofs, and pervious surfaces to treat stormwater runoff. MACo supports the use of ESD techniques where feasible and does not have an issue with most of the regulations. However, MACo, along with the Maryland Municipal League and the development community, has serious concerns about the impact the regulations would have on: (1) projects already “in the pipeline,” including long-term staged development projects; and (2) redevelopment and revitalization projects, which are necessary for Smart Growth. A panel of MACo and county representatives raised their concerns at a January 15 forum hosted by the Task Force on the Future of Growth and Development in Maryland. See prior Conduit Street posting.
MDE claims that guidance documents it is preparing will give local governments and the development community the flexibility needed to ensure that grandfathering and redevelopment concerns can be addressed. MACo remains concerned that the guidance documents, which do not have the force of law and cannot override the provisions of the regulations, may not fully address these valid county concerns.
Recently Center Maryland has published a series of op-ed responses from the environmental and development community:
Viewpoint of South River Federation (February 11)
Viewpoint of Chesapeake Bay Foundation (February 12)
Viewpoint of Maryland State Builders Association (February 17)
And the opinion section of the Baltimore Sun has also included views on the matter, including one from Baltimore County Executive Jim Smith.
UPDATE 2010-02-22: A February 18 Baltimore Sun article on HB 1125.
1 Comment | Uncategorized | Tagged: Bill Hearing, Chesapeake Bay Foundation, Delegate Holmes, Environment, Maryland Department of the Environment, Senator DeGrange, Stormwater Management | Permalink
Posted by Les Knapp
February 14, 2010
Maryland Association of Counties (MACo) Associate Director Les Knapp testified in opposition to Senate Bill 156 before the Senate Education, Health, and Environmental Affairs Committee on February 9. The bill would require apartment buildings or condominiums with 10 or more units to provide recycling to its residents by 2014. County governments must incorporate the collection and recycling of the materials into their recycling plans. County governments would also likely be the primary party responsible for enforcing the bill’s provisions.
Mr. Knapp stated that counties support recycling and have supported prior legislation that addressed recycling challenges in a collaborative fashion, such as the electronics recycling legislation of 2007 (House Bill 488). He also noted that Maryland’s recycling rate of 43.9% is far about the national average of 24.3%. However, Mr. Knapp explained that MACo has consistently opposed bills that would impose an unfunded mandate on counties, especially in the current economic climate, where State aid to county and municipal governments has been reduced by 63% since FY 2007, putting counties back to approximately 1984 funding levels.
He argued the enforcement mandate would cause some counties to hire additional personnel for inspection and enforcement activities and the bill’s $50 per day fine would cover the additional costs.
The League of Women Voters testified in support of the bill and the Maryland Department of the Environment supported the bill with amendments.
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Posted by Les Knapp
February 14, 2010
Maryland Association of Counties Associate Director Les Knapp testified in opposition to Senate Bill 228 before the Senate Education, Health, and Environmental Affairs Committee on February 9. The bill would prohibit the construction of an incinerator unless the incinerator: (1) would be located in an area zoned for heavy industrial activity; (2) would be located at least 3 miles from the property boundary of any residential dwelling, school, park, or hospital; and (3) meets the zoning requirements of the local jurisdiction in which the incinerator would be located.
The bill’s sponsor, Senator Alex Mooney, testified that he introduced the bill after the Maryland Department of the Environment approved a permit for the construction of an incinerator in Frederick County near the Monocacy Civil War Battlefield. Mr. Knapp argued that the bill imposed unreasonable restrictions on where incinerators may be located and increase local expenditures for solid waste expenditures. He also noted that the decision on where to site an incinerator is an open public process at both the State and county level.
Carroll County Commissioner Michael Zimmer also testified against the bill, noting the benefits of waste-to-energy incinerators. “Waste energy makes sense from an environmental standpoint, a scientific standpoint, and an economic standpoint,” he concluded.
UPDATE 2010-02-19: Grammatical error corrected.
1 Comment | Uncategorized | Tagged: Bill Hearing, Environment, Incinerators, Senator Mooney | Permalink
Posted by Les Knapp
February 4, 2010
Maryland Association of Counties (MACo) Associate Director Les Knapp proposed amendments to HB 68 at the bill’s February 3 hearing before the House Environmental Matters Committee. HB 68 is sponsored by the Maryland Department of the Environment (MDE) and would require all grant recipients who receive $500,000 or more from the Chesapeake and Atlantic Coastal Bays Nonpoint Source Fund for stormwater management or stream and wetland restoration projects demonstrate to MDE that they have taken certain steps to include small businesses, minority business enterprises (MBEs), and women-owned business enterprises (WBEs).
MDE testified that the bill codified existing practice and was necessary to access federal funds. Mr. Knapp responded that MACo had no issue with the proposed steps, but that MDE should have to consider the availability and geographic proximity to the grantee of small businesses, MBEs, and WBEs capable of completing all or part of the project.
Committee Chair Maggie McIntosh agreed to the amendment and asked MDE and MACo to work out exact language.
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Posted by Les Knapp
