Maryland Sierra Club 2018 Session of the Maryland General Assembly

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1 Maryland 2018 Session of the Maryland General Assembly The following is a report on the lobbying efforts of the Maryland in the 2018 session of the Maryland General Assembly. This report will be updated when the Governor completes his review of the bills listed below that were enacted by the General Assembly. The General Assembly s 2018 session included some significant victories for the environment, but also included several disappointments: A victory for public transportation! One of our priority bills to provide muchneeded, dedicated funding for the DC-area Metro public transit system, as well as additional investment in Baltimore transit was passed by the General Assembly and has been signed by the Governor. Transportation is the largest emitter of climate pollution in the U.S., and moving more people in fewer vehicles via public transit is a crucial part of the solution. Protection for offshore wind energy in Maryland! We decisively defeated efforts to undermine offshore wind projects approved last year by the state. Wind and solar energy are the clean energy sources Maryland must nurture and expand to effectively battle climate change and grow our economy. Unfortunately, the General Assembly did not enact several of our key bills: o o o o o The bill to strengthen the Forest Conservation Act was reported favorably by its to the Senate floor but then stalled; an effort to instead have the General Assembly require a comprehensive forest conservation study also did not pass. Despite a robust campaign and broad support, the bill to ban foam food containers was left in the drawer in its primary assigned House, and was defeated in the Senate when it received a positive vote in one of the two assigned s but a tie vote in the other. Also defeated were bills to reform state regulatory reviews of proposed power plants, by improving public notification and ensuring inclusion of community public health information in the review process. Our coalition effort to place Maryland on a specific, achievable, and affordable path to 100% clean energy by 2035 gained substantial momentum, however, the General Assembly ultimately was not prepared to enact this year a fundamental shift in our electricity sector and the bill was withdrawn. The General Assembly also did not enact bills we strongly supported to prohibit state funding of artificial surfaces for playing fields and playgrounds, and to ban the pesticide chlorpyrifos. Overall, the Maryland submitted testimony on 47 bills 15 passed of the 42 we supported; none passed of the five we opposed. This year was the final year of the current four-year term for all state elected officials, including all General Assembly members and the Governor. We achieved many great

2 environmental victories during this term, including banning fracking, increasing our renewable energy standard, protecting bees, securing additional incentives for electric vehicles, launching a community solar program for the state, and restricting the use of antibiotics in farm animals. Maryland Testimony 2018 Session The following tables list the bills on which the testified during the 2018 session, and the outcome for each of these bills. Priority Bills Metro dedicated funding Protect Maryland s forests (strengthen the Forest Conservation Act) SB 277 Feldman SB 610 Young House Bill & Lead HB 372 HB 766 Healey Maryland Metro Funding Act Forest Conservation Act Standards and Requirements Enacted & signed by the Governor Bill passed Senate, not House Final bill included amendments which increase the yearly dedicated Metro funding from the initial bill proposal, provide funds for the Baltimore MTA system, & require transit planning for the greater Baltimore area After forest protection bill did not move forward, Senate & House each amended the bill to require a forest conservation study, but the study provisions differed & no compromise was reached

3 Statewide ban on foam food containers PSC reviews of new electricity generating stations transparency & criteria PSC reviews of new electricity generating stations consideration of health impacts SB 651 Kagan (SB 1142 Nathan- Pulliam; withdrawn before hearing so no House Bill & Lead HB 538 Lierman HB 715 R. Lewis HB 1632 R. Lewis Expanded Polystyrene Food Service Products Prohibition Application for a CPCN Public Notice & Hearing Public Service Comm n Certificate of Public Convenience and Necessity Rapid Health Impact Assessment Requirement Senate Education, Health, and Environmental Affairs Committee reported bill favorably, however, the second assigned Senate (Finance) did not report it favorably Energy; Climate U.S. Climate Alliance - join SB Conway HB 3 - Stein U.S. Climate Alliance - Membership (coalition

4 Regional Greenhouse Gas Initiative membership (withdrawal requires General Assembly approval) SB Pinsky HB 230 RGGI Withdrawal Legislative Approval Required (coalition Enacted; Governor allowed into law without his signature MD is a member of the Regional Greenhouse Gas Initiative Require longterm contracts for clean energy elements of Regional Portfolio Standard (RPS) Revise capacity caps for net metering & community solar, & require compliance with zoning law Notice of energy efficiency options with certain new homes sales RPS Tier 2 elimination of 2018 sunset provision Solar on farm land property tax assessments Residential solar energy financial support SB 391 Feldman (SB Feldman - no SB Kelley SB Hershey SB Jennings SB Feldman HB Clippinger HB Barkley HB 1481 Fraser- Hidalgo No House HB West HB Clippinger Renewable Energy Portfolio Standard Requirements Standard Offer Service (Senate); Ratepayer Reduction for Renewable Energy Act (House) Electric Generating Systems - Net Metering and Community Solar Energy New Home Sales Information on Energy Efficient Options Renewable Energy Portfolio Standard - Revisions Property Tax Benefits for Agricultural Land Exclusion of Solar Farms Solar Energy Grant Program - Revisions with amendments House & Senate passed, but not finally enacted Clean energy sources covered by the bill were solar, wind, geothermal, small hydroelectric, & ocean RPS Tier 2 includes large hydroelectric facilities Bill not enacted because the required enactment procedure was not completed after both houses passed the bill

5 Climate change risk assessment for Maryland pension fund Climate change adaptation coastal areas Offshore wind requiring projects be sited at least 26 miles from the Maryland coast Offshore oil & gas drilling liability for spills Establishes program for Maryland to purchase 100% clean energy by 2035 Provides for the ability to form a regional carbon fee system Additional PSC criteria for reviewing proposed electricity infrastructure, including greenhouse gas emissions Solar siting standards SB 898 Guzzone SB Pinsky SB Hershey SB Mathias HB HB Stein HB Adams HB Barve HB Robinson HB Kramer HB Lisanti HB Impallaria Maryland Pension Climate Change Risk Act Sea Level Rise Inundation and Coastal Flooding - Construction, Adaptation, Mitigation, and Disclosure Offshore Wind Projects Distance Requirements Offshore Drilling Liability Act Renewable Energy - Electric and Gas Bills (100% Clean Renewable Energy Equity Act of 2018) Regional Carbon Cost Collection Initiative Public Service Commission Application for Certificate of Public Convenience and Necessity Criteria to Consider Solar Facilities Siting Standards with amendments with amendments Withdrawn in Enacted & signed by the Governor Bill was amended to apply only to construction of overhead electricity transmission lines; provision regarding greenhouse gas emissions was deleted

6 There were two other energy bills we strongly supported where we did not submit testimony because, for procedural reasons, there was not an opportunity to do that. Remove waste incineration from the Renewable Portfolio Standard Require state independent reviews for water quality applications re: drilling for gas pipelines in karst terrain SB Middleton HB Jameson HB Robinson Renewable Energy Tiers 1 and 2 Sources Modifications and Compliance Fee (title of amended Senate bill) Water Pollution Control - Water Quality Certification (amended bill) Amended Senate bill passed the Senate, then did not pass House Bill did not pass House Rules Committee; no hearing was held on the bill Original bill did not address incineration; bill was amended on the Senate floor to remove waste incineration from the RPS; no House hearing was held on the amended bill Bill introduced late in session after state failed to conduct an independent review of water quality application for the Potomac gas pipeline Health CAFOs analysis of air quality compliance Ban pesticide chlorpyrifos SB Madaleno SB 500 Nathan- Pulliam HB 26 - R. Lewis HB Stein Community Healthy Air Act Use of Chlorpyrifos Prohibition (coalition (coalition Senate bill recommitted from Senate floor to ; House bill withdrawn CAFOs are concentrated animal- feeding operations (typically, chicken operations)

7 Prohibit state funds for synthetic playgrounds & athletic fields Lead poisoning blood action level Prohibit use of certain flame retardant chemicals in children s clothes Notice of mosquito spraying Recovery of property damages in suits against lead paint manufacturers SB Manno SB 801 Oaks HB 505 A. Miller HB 304 R. Lewis HB 84 - Angel HB Tarlau HB Mosby Playground and Athletic Field Surfaces - Preferences and Prohibitions Reduction of Lead Risk in Housing - Elevated Blood Lead Levels Child Care Products Containing Flame Retardant Chemicals Prohibition Mosquito Control Notice to Municipalities Baltimore City Lead Remediation and Recovery Act (sign-on with amendments (coalition Land, Water, and Natural Resources Bay Restoration Fund Wildlife trafficking prohibition SB 314 President (for the Administration) HB 361 Speaker (for the Administration) HB Luedtke Bay Restoration Fund Fee Exemption, Disbursements, and Financial Assistance (Septic Stewardship Act of 2018) Wildlife Trafficking Prevention

8 Transportation Metro Board MD members Prohibition on transportation regulation based on a vehicle miles traveled formula Complete streets program (support for multiple transportation modes) SB279 - Feldman SB Ready SB Guzzone Smart growth SB Rosapepe Complete streets program (support for multiple transportation modes) Study re: walking/ biking and schools SB Mathias HB No House HB Lierman HB Laffety HB Lafferty HB Luedtke Metro Board Member Act Vehicle-Miles- Traveled Tax and Associated Mandated Devices - Prohibition Complete Streets Program Establishment Maryland Smart Growth Investment Fund Complete Streets Policy Adoption Pedestrian and Bicycle Access to Public Schools Study Enacted & signed by Governor Senate/House conference Enables state to provide matching funds to localities that establish a complete streets program (original bill included funding, which was amended out) Enacted Complete streets design features must be considered in state transportation projects (original bill required these design features) Amended bill requires data collection re: pedestrian & bicycle access to schools, no study

9 Employee pretax transportation benefit EV parking spaces for charging EV recharging equipment (condos & homeowners associations) Transit investments & public-private partnership projects Financial support for work commuting by vanpool or mass transit HB HB 598 Lam HB 602 Lam HB Lierman HB Beidle Pre-Tax Transportation Fringe Benefit Requirement (Maryland Pre-Tax Commuter Benefit Act) Plug-In Electric Drive Vehicles Reserved Parking Spaces Installation and Use of Electric Vehicle Recharging Equipment Public-Private Partnership Agreements - Compensation Provisions and Noncompete Clauses - Alterations Tax Credit - Commuter Benefits - Alterations Protects transit investments that may be combined with a publicprivate roads project Transparency in state highway planning State highways & walking, bicycling, & public transit HB HB Lafferty State Highway Administration - Project Planning Documents - Public Access Access to State Highways - Consideration of Pedestrian, Bicycle, and Public Transportation Activity

10 Zero Waste Mattress recycling HB 850 Hill Solid Waste Management and Recycling Mattresses and Box Springs Other Policy s Same-day voter registration at the polls on election day (constitutional amendment) for employeeowned businesses Environmental enforcement by local jurisdictions (sediment & erosion control) Environmental enforcement: MDE budget SB 594 Pinsky SB 498 Feldman No cross file HB Reznick HB Luedtke HB Lafferty Appropriations sub Registration and Voting at Precinct Polling Place Income Tax Subtraction Modification Employee-Owned Businesses Environmental Violations Reporting Requirements (sign-on insufficient funding for enforcement staff Enacted; approval by Governor not required House passed; did not pass Senate Proposed state constitutional amendment will be voted on at Nov election; if approved, General Assembly then may enact legislation to specify registration procedures