CBF and the 2009 Session

Bay Agenda in Legislature Fared Well

CBF thanked Governor Martin O'Malley and the legislature for their efforts to curb septic pollution, increase the public's right to challenge state environmental decisions, and curtail global warming, among other efforts. But the Foundation also expressed its disappointment with the general assembly for failing to deal with runaway development across the state.

"Governor O'Malley and the Maryland General Assembly clearly consider the Bay a priority, and they have demonstrated that again this legislative session," said Kim Coble, Maryland Executive Director of CBF. "While we would have liked to have seen the growth bill pass this year, it remains a priority for Maryland and we look forward to working with the Governor and members of the General Assembly to ensure Maryland's trend changes towards smart growth."

SUMMARY

Major Issues—Positive Steps

Standing: Maryland had virtually barred the court doors to the public for decades when it came to challenging state environmental decisions, but new legislation gives Marylanders increased access to state courts. Before passage of this legislation, individuals and associations in Maryland had fewer rights to challenge in state courts than citizens in 44 states.

Septic System Upgrades: Legislators further strengthened environmental protection of the Critical Area—the all-important buffer area within 1,000 feet of a tidal waterway—by mandating that new and replacement failing septic systems installed in the area use nitrogen-removing septic technology. On average, 240 septic systems fail each year in the Critical Area, with most of the resulting nitrogen discharge flowing straight into surface waters. About 200 homes are built in the fragile environmental area each year.

Aquaculture: Legislators passed a bill to promote growing and harvesting native oysters for commercial purposes through aquaculture.

Global Warming: Legislators adopted a bill backed by O'Malley that is one of the strongest state bills on global warming in the U.S.

Funding for the Bay: Overall the state budget approved by the legislature was very good for the environment. Legislators had to make tough decisions, and at the end of the day the cuts were less severe than they could have been and through a variety of mechanisms, funding is available for open space, bay restoration, cover crops, sewage treatment plant upgrades, septic system upgrades, and energy efficiency programs.

Secondary Issues—Positive Steps

Phosphorous Reduction: Legislation will reduce the amount of phosphorous in lawn fertilizers and ultimately prohibits the sale of fertilizer with more than five percent phosphorous in it.

Private Wastewater Treatment: Legislation will prohibit someone from installing a private wastewater treatment system on site, in response to a CBF court fight of such a facility in Kent County.

Growth—Mostly Status Quo

The governor and the legislature failed to make significant movement on this issue at a time when it is sorely needed. For decades, local governments have agreed on paper that development must be concentrated in areas that can efficiently accommodate it. But those same governments make little real progress toward that goal. In fact, 75 percent of acres developed over 10 years were in rural farmland and forest areas versus areas set aside for growth. CBF worked hard for a bill that would hold localities to incremental progress, but the legislation died in the Senate.

One of the governor's Smart Growth bills was significant—requiring local governments to follow their comprehensive plans more closely.

For more information on these issues or how you can help, contact Terry Cummings at tcummings@cbf.org.