AGRICULTURE ECONOMICS, MDA & AG PROMOTION BILLS

H.B. 420/ S.B. 733 – Vehicle Laws – Exceptional Milk Hauling Permit – Raw Liquid Milk – Delegate Stull; Senator Edwards - ENVIRONMENTAL MATTERS/ JUDICIAL PROCEEDINGS

As amended, this bill creates an exceptional hauling permit for use on state roads and highways for vehicles carrying raw liquid milk that would allow a tractor-trailer to have an 87,000 lbs GVW if it has at least 6 axles and a front-to-rear centerline axle spacing of not less than 50 feet. (Most milk trucks would have to add an axle to carry the new weight.)  Current law limits the GVW to 80,000 lbs.  The permit would not allow additional weight on interstate highways.  Amendments to the bill make this a pilot project that limits the availability of the new permit to vehicles operating in Allegany, Anne Arundel, Baltimore, Carroll, Frederick, Garrett, Howard, Montgomery, Prince George’s and Washington Counties.  The cost of the permit would be $500 per year, per vehicle.  The permit would require two North American Standard Drive/Vehicle Level 1 inspections per year as well.  The State Highway Administration would be allowed to inspect documents at the milk processing plant and the farm for vehicles operating under the permit. This is similar to a permit that was created for the forestry industry.

SUPPORT

RETURNED PASSED

H.B. 865/ S.B. 770  - Milk Products – Farmstead Cheese Production – Pilot Study – Delegate Haddaway; Senator Colburn - HEALTH AND GOVERNMENT OPERATIONS/ EHEA

This bill allows for a 5-year pilot project to produce cheese on a farm in Maryland.  The bill allows for one producer from Talbot County with 120 or fewer cows to participate in the project.  The Department of Health and Mental Hygiene would visit regularly and determine the correct interval for inspection during the pilot project so that other dairy farmers could potentially produce cheese on their farms in the future.  Under current law, Maryland farmers may not produce cheese for sale on their farms.  Many farmers take some of their milk to PA for the 60-day federally mandated aging period and then cut the cheese and bring it back to their farms for sale.

SUPPORT

RETURNED PASSED

H.B. 1010 – Milk Products – Direct Sale to Consumer – Exemption from Regulation – Delegate Love

HEALTH AND GOVERNMENTAL OPERATIONS

This bill would allow milk producers to sell unpastuerized milk and milk products directly to consumers without regard to health regulations in Maryland. Maryland Farm Bureau is concerned that this would put at risk the entire dairy industry. 

OPPOSE

WITHDRAWN

H.B. 1246/ S.B. 821 – Agriculture – Confinement of Pigs During Pregnancy – Delegate Ali; Sen. Britt

ENVIRONMENTAL MATTERS/ ED., HEALTH & ENVIRONMENTAL AFFAIRS

This bill prohibits the tethering or confining of a pig during pregnancy on a farm, for all or the majority of any day, in a manner that prevents the pig from lying down and fully extending its limbs or turning around freely.  The bill allows the tethering or confining of a pig during the 7-days before the pig’s expected date of giving birth, during an examination, operation, test or vet treatment, during transportation, during rodeo exhibitions, state or county fairs or similar exhibitions, during the killing of the pig and while involved in lawful, scientific, or agricultural research.  The bill establishes misdemeanor penalties of up to 90 days in prison or a fine not to exceed $1000 per violation.  Each confined pig is a separate violation.  The effective date is October 1, 2007.

OPPOSE

DIED IN COMMITTEE

H.B. 558 – Department of Agriculture – Appointment or Employment – Exemption from Ethics Restrictions – Delegate Stull - ENVIRONMENTAL MATTERS

This bill allows a person who owns or operates a farm that is subject to the regulatory authority of the Maryland Department of Agriculture to be employed by the Department.  The bill requires that the person may not exercise regulatory responsibility over the activities of his or her own farm.  The bill was amended to clarify that the Secretary and Deputy Secretary would not be subject to the blanket ethics exemption and would have to seek a specific exemption from the State Ethics Commission if ownership of a farm was involved.  The bill was also amended to require a joint report from MDA and the Ethics Commission by December 2010 on how many employees were hired and what steps were taken to eliminate the conflict of interest.

SUPPORT

PASSED ENROLLED

H.B. 416 – Maryland Agricultural Commission – Biofuel Industry Member – Delegate Stein

ENVIRONMENTAL MATTERS

This bill increases the membership of the Maryland Agricultural Commission, an advisory board to the Secretary of Agriculture, from 29 to 30 members representing various sectors of the industry.  The additional seat is to be representative of the biofuels industry.

SUPPORT

RETURNED PASSED

H.B. 471  - State Government – State Soil – Sassafras Soil – Delegate Healey
HEALTH AND GOVERNMENT OPERATIONS

This bill declares “Sassafras sandy loam” as the state soil.  The bill is supported by the Maryland Association of Soil Conservation Districts.  The purpose of the bill is to demonstrate the state’s significant concern for its soil resources.  Almost 50% of the states in the country have a designated state soil.  Sassafras sandy loam (fine-loamy, siliceous, semiactive, mesic Typic Hapludults) covers more land area than any other soil in Maryland and is used for a wide variety of purposes. 

FYI

DIED IN COMMITTEE

H.B. 1389 – Agriculture – Crop Insurance Premium Program – Cost Share – Delegate Conway

ENVIRONMENTAL MATTERS - This bill alters the Maryland Crop Insurance Premium Program to authorize the Secretary of MDA to pay a cost-share to farmers for the purchase of federal crop insurance. The bill sets the cost-share at 8% of the net book premium.  Under current law, the Crop Insurance Premium Program is authorized to pay $2 per acre towards the cost of federal crop insurance.  Funding has not been appropriate for the program in the last 5 years.

SUPPORT

PASSED ENROLLED

S.B. 64 - Young Farmers Advisory Board - Termination Date – Repeal – Senator Middleton

EDUCATION HEALTH AND ENVIRONMENTAL AFFAIRS    

This bill makes the Young Farmers Advisory Board (at MDA) permanent by repealing the termination date in current law.  Under current law, the Board would expire on September 30, 2007.

SUPPORT

RETURNED PASSED

H.B. 1354 – Certification of County Priority Preservation Areas – by request of MDA

ENVIRONMENTAL MATTERS - This bill changes the criteria for approval of a Priority Preservation Area by MALPF to make sure that all normal agricultural and forestry activities are included.  Under current law, a county can identify the “kind of agricultural operations it seeks to preserve.” 

SUPPORT

RETURNED PASSED

S.B. 230/ H.B. 621 – Admissions and Amusement Tax – Exemption for Activities Related to Agritourism – Senator Brinkley; Delegate Stull - BUDGET AND TAXATION/ WAYS AND MEANS

This bill provides that a county may not impose an admissions and amusement tax on gross receipts on any admissions and amusement charge for any activities related to agricultural tourism. The bill was amended to define agritourism as “any agricultural or horticultural activity conducted on a farm, vineyard, winery or orchard for the purpose of entertainment or education.”  Baltimore and Harford counties have similar exemptions already in state code and Howard county has adopted the exemption through local legislation. This tax may be assessed at as high as 10% of gross receipts.  As more and more farms diversify their operations, many have found that activities such as corn mazes, pumpkin patch tours, and small petting zoos can be the key to profitability. 

SUPPORT

Passed Senate - DIED IN HOUSE COMMITTEE

H.B. 1292 – Department of Agriculture – Honey Bees – by request MDA

ENVIRONMENTAL MATTERS - This bill allows the Maryland Department of Agriculture to establish the inspection interval for bee hives or equipment that are transported into the state. Under current law, the hive and the equipment must be inspected within the preceding 2 months of entry.  This bill gives the inspector at MDA the flexibility to require more or less frequent inspections based on travel locations and the risk of disease from those locations.

SUPPORT

SIGNED INTO LAW 4/10/07

H.B. 1352 – Maryland Horse Industry Board – Rescue Stables- by request of MDA

ENVIRONMENTAL MATTERS

This bill adds “Rescue Stables” to the list of stables regulated and inspected by the Maryland Horse Industry Board.  Under current law, equine dealers, breeding stables, horse riding and rental stables are subject to Board licensing and certification.  Regulated stables must pay an annual inspection fee of $25 and an annual renewal fee of $50 to the Board.  The Board may suspend or revoke the license of a stable if the licensee fails to provide suitable food, water and shelter for horses, maintains unsanitary conditions, fails to provide suitable saddles, bridles, harnesses and other tack or equipment, allows unfit horses to be used for riding, refuses to allow a member of the Board to enter and inspect, commits an act of cruelty as defined in the law or fails to comply with any rules or regulations of the Board. 

SUPPORT

SIGNED INTO LAW 4/10/07

H.B. 1433 – Department of Agriculture – Animal Health Enforcement – by request of MDA

ENVIRONMENTAL MATTERS - This bill prohibits a person from willfully making a false statement to the MDA regarding the identity, location, place of origin or destination, or health status of an animal.  The bill also generally prohibits a person from providing false information for animal health-related documentation or altering or damaging documentation or identifying devices.  The bill allows MDA to seek injunctive relief against any person violating the prohibitions or any valid order or quarantine issued by the department.  An injunction must be granted upon a showing by MDA that a violation is occurring or about to occur.

FYI

RETURNED PASSED

S.B. 275/ H.B. 1035 – Maryland Tort Claims Act – Employee or Official of the Maryland Agricultural Resource-Based Industry Development Corporation- Senator Middleton; Delegate Rudolph - JUDICIAL PROCEEDINGS

This bill would protect an employee of the MARBIDCO from being sued for actions taken as a state employee.  To do this the bill adds MARBIDCO to the list of state entities that are considered to have “State personnel” for the purposes of protection under the Maryland Tort Claims Act.

SUPPORT

RECOMMIT TO JUDICIARY

S.B. 962/ H.B. 1386 – Agricultural Ownership Entities – Homestead Tax Credit – Senator Brinkley; Delegate Bartlett - BUDGET AND TAXATION/ WAYS AND MEANS

This bill extends the protection of the Homestead Tax Credit to “Agricultural Ownership entities” that include family corporations, general partnerships and limited liability partnerships and companies.  Under current law Agricultural LLCs and LLPs have the protection.  The bill defines a family corporation as a corporation that does not have stockholders other than the homeowner and the following members of the homeowner’s family:  a spouse or former spouse, a child or stepchild, a parent or stepparent, a brother or sister, sons and daughters-in-law (and steps), and grandparents and stepgrandparents.  The Homestead Tax Credit limits the amount of increase in value a home and the 1 acre parcel surrounding the home can increase in assessment value each year for tax purposes.  Generally the limit is 10% per year. 

SUPPORT

RETURNED PASSED

S.B. 711- Education – “Share the State Fair” Program – Senator Gladden
EDUCATION HEALTH AND ENVIRONMENTAL AFFAIRS

This bill is intended to help finance the cost of bringing students in each county in pre-kindergarten through Grade 8 to the State Fair.  The bill creates a Fund at the Department of Education to providing matching grants to county Board’s of Education.  The bill mandates that the Governor provide funding of $25,000 per year to the Fund in the budget.  Each county is limited to $1000 in matching funds per year.  The funding may be used only to pay the costs for transportation and refreshments for students participating in the “Share the State Fair!” program.

SUPPORT

SIGNED INTO LAW 4/10/07

S.B. 425/ H.B. 522 – Wineries – Special Event Permits – Farmers’ Markets- Senator Middleton; Delegate V. Claggett - ED., HEALTH AND ENVIRO. AFFAIRS/ ECONOMIC MATTERS

This bill will raise the number of winery special event permits issued to a Class 4 Limited winery from 12 to 18 per calendar year.  Also increased is the number of permits issued to a winery for use within the same political jurisdiction from 3 to 5 per year.  The special event permits allow for samples, wine by-the-glass, and the bill would increase from 4 to 12, the allowable number of 750 ml bottles of wine sold to an individual.  Another provision in the bill will allow an unlimited number of special event permits for use at official MDA listed farmers’ markets, but the permittees may not offer wine by-the-glass. 

SUPPORT

DIED IN COMMITTEE

AG LAND PRESERVATION BILLS

H.B. 1041 – Maryland Agricultural Land Preservation Fund – Foundation Grants – Delegate Rudolph - ENVIRONMENTAL MATTERS

This bill would allow the Maryland Agland Preservation Foundation to provide grants to counties to facilitate (1) the Critical Farms Program, subject to conditions jointly agreed upon by MALPF and the county; (2) the purchase of easements under a county installment purchase agreement (IPA) program approved by MALPF; and (3) the payment of the debt service on county-issued bonds for the purpose of purchasing MALPF easements, subject to conditions jointly agreed upon by MALPF and the county.  The bill also repeals the authority to provide grants to MARBIDCO for facilitating the purchase of easements under the Critical Farms Program, but clarifies that MALPF may make grants to MARBIDCO for the implementation of a state IPA or the Next Generation Farmland Acquisition Program. 

FYI

PASSED ENROLLED

H.B. 1331 – MALPF – Removal of Districts – Delegate Cane - ENVIRONMENTAL MATTERS

This bill allows MALPF to purchase easements on land that has not been entered into an Agricultural District beginning July 1, 2007. Under current law, MALPF may only consider the purchase of easements on land where the owner has applied and been accepted into an agricultural district by the county government.  Ag Districts typically last for 5 years.  Amendments prohibit MALPF from accepting a district petition after June 30, 2008 and calls for the termination of all districts on June 30, 2012.

FYI

PASSED ENROLLED

S.B. 511 / H.B. 465- Real Property – Sale of Property Encumbered by a Conservation Easements - Senator Dyson; Delegate James - JUDICIAL PROCEEDINGS / ENVIRONMENTAL MATTERS

The bill requires the seller of property to notify a potential buyer of the existence of all conservation easements encumbering the property. The seller must provide the potential buyer with copies of the easement prior to entering into a contract or within 20 days after signing a contract.  If the information is not provided, the potential buyer may cancel the contract of sale.  If the sale proceeds, the buyer must notify the easement holder of the change in ownership within 30 days of closing.

SUPPORT

RETURNED PASSED

BUDGET BILLS

HB 50/ S.B. 55 - Budget Bill – Governor O’Malley

APPROPRIATIONS / BUDGET AND TAXATION    

This bill provides for an overall budget of just over $30 billion for Fiscal Year 2008.  This is a 2.5% increase over FY07 funding.  The funding increases are in school construction, higher education, public safety, environment & agriculture, health, jobs & growth.  There is a 2% pay increase for state employees.  In agricultural funding, the bill provides for $8.5 million for cover crops (the same as FY07); $1 million in new funding for the Soil Conservation Districts (includes 12 new field positions); $3 million for MARBIDCO; $70 million for MALPF (which includes state, local and federal funding and is down from $89 million in FY07); no funding for Gypsy Moth Suppression; a reduction in the Nutrient Management Cost Share Program of $140,000 ($300,000 in FY07); and an increase in funding for U of MD nutrient management consultant of $220,000 (to maintain current staffing).

SUPPORT CURRENT MDA FUNDING LEVELS

PASSED ENROLLED

HB 51/ S.B. 56  - Creation of a State Debt - Maryland Consolidated Capital Bond Loan of 2007, and the Maryland Consolidated Capital Bond Loans of 2000, 2001, 2003, 2004, 2005, and 2006 –   Governor O’Malley - APPROPRIATIONS/ BUDGET AND TAXATION     

The Capital Budget for FY2008 authorizes over $800 million in general obligation bonds.  The bonds are used to provide grants to various recipients for the acquisition, planning, design, construction, expansion, repair, restoration, renovation, reconstruction or capital equipping of various facilities.  Bonds are issued in three categories – MD Hospital Assoc. projects, statewide bond bills and local bond bills. A total of $112 million was requested through the introduction of various local bond bills this year.  The following are agricultural projects that are included in the final bill:

H.B. 419 / S.B. 737 – 4-H Animal Display Barn (Cecil) - $100,000

H.B. 1152/ S.B. 843 – Danielle Shipley Memorial Arena (Carroll) $100,000

H.B. 1315 / S.B. 941 – Harford County 4-H Club Camp (Harford) - $100,000

H.B. 1064 / S.B. 228 – Ag Activity Center Expansion (Montgomery) - $200,000

H.B. 431 / S.B. 341 – Woodstock Equestrian Park (Montgomery) - $500,000

S.B. 850 – St. Mary’s Agriculture Service Center (St. Mary’s) - $100,000

H.B. 308 / S.B. 454 – Talbot Ag Service Center (Talbot) - $100,000

PASSED ENROLLED

ENERGY BILLS

H.B. 74 – Solar Energy Grant Program – Grant Awards – Delegate Krebs

ECONOMIC MATTERS - This bill would alter the Solar Energy Grant Program to include grants to geothermal energy projects that utilize ground loop technology.  Awards for geothermal projects may not exceed $1,000 and no more than 10% of the funds in the program may be used for such projects. It would also increase the amount of possible grant awards for the installment of solar energy production equipment.  For residential property the award is raised from the lesser of $3,000 or 20% of the total cost, to the lesser of $20,000 or 50% of the total cost of the project.  On nonresidential property the award is raised from the lesser of $6,000 or 20% of the cost of the project, to $60,000 or 50% of the total cost of the project.  The award for solar water heating projects is increased from $2,000 or 20% of the total cost, to $3,500 or 50% of the total cost of the project.  There are several projects underway in the poultry industry to utilize solar energy production to offset energy costs.

SUPPORT

Passed House – DIED IN SENATE COMMITTEE

H.B. 745 – State-Owned Heavy Equipment and Heating Equipment – Biodiesel Fuel Requirement – Delegate Stein - HEALTH AND GOVERNMENT OPERATIONS

This bill mandates that in fiscal year 2009 and thereafter, (subject to availability) at least 50% of the state-owned diesel-powered heavy equipment and heating equipment in state buildings that use normal or #2 heating oil, use at least a 5% blend of biodiesel fuel.

FYI

PASSED ENROLLED

S.B. 140 – Queen Anne’s County – Motor Fuel Tax – Exemption for Biodiesel Fuel – Senator Pipkin

BUDGET AND TAXATION  - The bill adds an additional exemption to the motor fuels tax for biodiesel fuel that is bought for use in Queen Anne’s County government vehicles and school buses.  The current exemptions are for: motor fuel that is exported from MD, special fuel (such as dyed fuel not for use in licensed motor vehicles or used for heating), fuel used for aviation, and fuel that is bought by the Dept. of General Services for use by State agencies.

FYI

UNFAVORABLE REPORT

S.B. 261/ H.B. 660 –  Task Force on Renewable Alternative Fuels – Senator Garagiola; Del. Cardin

FINANCE / ECONOMIC  MATTERS - This bill originally required a statewide mandate on the sale of biodiesel in MD, but has since been amended to create the Task Force on Renewable Alternative Fuels to be chaired and staffed by the Department of Agriculture.  It is tasked with investigating a wide variety of issues related to the feasibility of increased statewide use of renewable alternative fuels and is to report its findings to the Governor and General Assembly by December 31, 2007.

SUPPORT

RETURNED PASSED

ENVIRONMENTAL & HEALTH  BILLS

H.B. 1220/ S.B. 901 – Chesapeake Bay Green Fund – Delegate McIntosh; Senator Conway

ENVIRONMENTAL MATTERS/ ED., HEALTH & ENVIRO. AFFAIRS

This bill would raise up to $45 million per year for agricultural conservation programs.  The bill assesses a fee on new impervious surfaces in the state at the time a grading or building permit is requested. The funds (up to $130 million per year) would be used for programs to protect the Chesapeake Bay from stormwater runoff, to help local governments address tributary strategy goals, to conduct agricultural research, to capitalize the MARBIDCO program, to incentivize workforce housing, and to implement agricultural best management practices. The fee is $1.00 per square foot for new impervious surfaces in commercial development and 50 cents per square foot for residential development.  The bill establishes a flat fee for new homes.  If the footprint is 1000 square feet or less, the fee is $100.  If it is up to 2500 square feed, the fee is $250; up to 5000 square feet, $500; up to 10,000 square feet, $1000; more is a flat fee of $1500. The bill was amended to take out the differential fees in and out of Priority Funding Areas (designated growth areas). The fee can be reduced by up to 75% by the builder through mitigation techniques.  One of the goals of the bill is to encourage development designs that are friendly to the Bay.  The bill exempts all buildings, structures, towers, value-added improvements and lanes for an agricultural business.  The bill also exempts a farmer’s home, children’s home (up to 3 children’s lots per farm) and tenant home and related driveways from the fee.  

SUPPORT CONCEPT

Passed House DIED IN SENATE COMMITTEE

S.B. 91- Clean Indoor Air Act of 2007 – Senator Garagiola - FINANCE

This bill bans smoking in most indoor areas in Maryland beginning on February 1, 2008.  Exceptions include private homes, residences and automobiles, unless they are being used for child care or day care.  The bill limits the number of “smoking” rooms in a hotel to 25% of the rooms.  The bill allows smoking in retail tobacco shops if the shop is a sole proprietorship, limited liability company, corporation, partnership or other enterprise in which the primary activity is the retail sale of tobacco products and the sale of other products is incidental. The bill allows the Health Officer of a County to grant a waiver from the No Smoking law if the applicant has met all conditions in regulations that will be established by the Secretary of Health & Mental Hygiene.  A waiver granted under this bill terminates on January 31, 2011, after which there will be no new waivers granted.  Penalties for violation may be a written reprimand for a 1^st offense, a civil penalty of $100 for a 2^nd offense, and $250 for all subsequent offenses.

FYI

PASSED ENROLLED

H.B. 376 – Environment – Bay Restoration Fund – Users – Delegate Beitzel

ENVIRONMENTAL MATTERS - This bill alters the definition of “user” when applying the Bay Restoration fee to exclude those septic systems and sewage holding tanks that lie outside a drainage basin or watershed that flows into the Chesapeake Bay. Currently, all applicable systems in Maryland, regardless of watershed or drainage basin, pay a yearly fee of $30 that goes into the Bay Restoration Fund for upgrades to wastewater treatment facilities and failing septic systems.

FYI

UNFAVORABLE REPORT

H.B. 288 – Healthy Maryland Initiative – Delegate Hixson

HEALTH AND GOVERNMENT OPERATIONS - This bill doubles the state tobacco tax to pay for expanded health insurance coverage for Marylanders.  The bill raises the tobacco tax from $1 to $2 per pack of cigarettes and from 15% to 25% for all other tobacco products.  The revenue would be used to supplement the state General Fund and to provide additional health care services for low-income parents under the Maryland Medical Assistance Program.  The bill also creates a Small Business Health Care Incentive Program to provide grants of up to $2500 per worker for small business (at least 2 but less than 50 employees) that have not offered health insurance benefits to workers in the last 12 months.  The grant is intended to cover 50% of the employer cost of providing a standard benefit health insurance plan.

OPPOSE

DIED IN COMMITTEE

H.B. 133/ S.B. 148 – Natural Resources – Chesapeake Bay – Oyster Restoration-

The Administration - ENVIRONMENTAL MATTERS/ ED., HEALTH & ENVIRO. AFFAIRS

As amended, the bill creates an Oyster Advisory Commission at DNR to advise the Secretary.  The Commission is charged with reviewing the best possible science and recommending changes to the framework and strategies for rebuilding and managing the oyster population in the Chesapeake Bay.  The Department of Natural Resources is required to publish maps and coordinates of oyster sanctuaries, closed oyster harvest reserve areas, and areas closed to shellfish harvest by MDE.  The publications must be provided to anyone who applies for a tidal fishing license who pays the oyster surcharges.  In order to harvest oysters for sale a person must possess a valid license, pay a surcharge of $300 to be used for oyster replenishment, and certify that he or she has received the publications called for under these provisions. The bill also allows non-profit organizations to renew leases on submerged land for oyster restoration projects and establishes that at least 1/10 of the spat produced at the University of Maryland Horn Point labs be available for purchase by leaseholders.

SUPPORT

PASSED ENROLLED

S.B. 766/ H.B. 1131 – Environment – Phosphorus – Dishwashing Detergent – Senator Frosh; Delegate Hubbard - ED., HEALTH & ENVIRO. AFFAIRS/ ENVIRONMENTAL MATTERS

This bill bans dishwashing detergent that contains more than 0.5 percent phosphorus by weight beginning December 1, 2008 for commercial use and December 1, 2010 for household use.

FYI

PASSED  ENROLLED

H.B. 1268 – Bay Restoration Fund – Disbursement of Funds – Delegate Elliott

ENVIRONMENTAL MATTERS - This bill provides more funding for the state cover crop program from the Bay Restoration Fund. The Fund was created in 2005, to receive the $30 per year septic fee charged to homeowners not on public sewer and water.  Under current law, 40% of the monies in the Fund are distributed to the MDA for use in the state cover crop program.  The remaining 60% is distributed to the MDE for use in upgrading failing septic systems.  This bill reverses the distribution percentage so that cover crops will get 60% and failing septics will get 40%.

SUPPORT

DIED IN COMMITTEE

H.B. 1350 – Environment – Water Pollution Control – Funding – Delegate Kullen - RULES

This bill levies a new 10% Environmental Impact Fee on a customer’s bill for fertilizer application and a $1000 per square foot Wetlands Impact Fee for permits for activities in nontidal wetlands.  Both would be paid into the Water Pollution Control Fund at the MDE.  Revenue in the Fund would be used for financial assistance to implement stormwater management practices in counties, municipalities, and incorporated communities and to create and restore wetlands.  For the purposes of the Environmental Impact Fee on fertilizer application a “customer” is defined as a person who “owns or rents residential property and has entered into a contract with a person engaged in the business of fertilizer application.” 

OPPOSE

DIED IN RULES COMMITTEE

S.B. 103/ H.B. 131 – Maryland Clean Cars Act of 2007 – The Administration

JUDICIAL PROCEEDINGS

This bill requires car manufacturers to cut fleetwide emissions of carbon dioxide by 30 percent by 2016.  This is the average emissions of all cars they sell in Maryland.  By passing this bill, Maryland is adopting the law and all of the rules and regulations passed by the State of California concerning automobile emissions.  Under current federal law, a state may follow the Federal Tier 2 program or the California program.  States are not permitted to adopt their own standards.  States that choose to follow the California standard must adopt all of its rules as currently written and adopted in the future.  To date, 10 states (Connecticut, Maine, Massachusetts, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, Vermont, and Washington) have adopted CALEV II standards.

FYI

PASSED ENROLLED

S.B. 215 – Chesapeake and Atlantic Coastal Bays Critical Area Protection Program – Advisory Committee – Senator Colburn - EDUCATION, HEALTH & ENVIRONMENTAL AFFAIRS

This bill creates the Chesapeake and Atlantic Coastal Bays Critical Area Protection Program Advisory Committee.  The Committee will study and recommend potential legislative reforms of the growth allocation process in the state’s Critical Area.  Specifically, the Committee will develop criteria and identify Resource Conservation Area lands in the State that should not be subject to growth allocation because of their environmental sensitivity and value.  The Committee will consist of 10 members.  One each from the House and Senate Environment Committees.  One each from the following organizations:  Critical Areas Commission, DNR, CBF, U.S. Fish and Wildlife Services, The Nature Conservancy, University Systems of Maryland, Dept. of Planning and the Maryland State Builders Association.

FYI

REFERRED TO INTERIM STUDY

S.B. 409 – Global Warming Solutions – Reductions in Greenhouse Gas Emissions – Senator Pinsky

EDUCATION, HEALTH AND ENVIRONMENTAL AFFAIRS

This bill establishes an entirely new program within the Department of the Environment for greenhouse gas emission limits and enforcement.  The bill requires that a statewide greenhouse gas emission limit (equivalent to 1990 levels) be established by the Department and that the limit be reached by 2020.  A new Office of Climate Change is created within MDE.  Market-based compliance mechanisms are encouraged, including emissions trading, carbon sequestration and more.  All greenhouse gas emitters would pay annual fees and would be required keep and file records on the emissions.  Maryland Farm Bureau is concerned that farmers in Maryland could be competitively disadvantaged if emissions limits are required at the state level.  We believe that this issue should be addressed at the national level. 

OPPOSE

DIED IN COMMITTEE

S.B. 499 - Environment – Water Appropriation Permits – Groundwater Recharge Area - Senator Brinkley - EDUCATION, HEALTH AND ENVIRONMENTAL AFFAIRS

This bill requires the Dept. of Environment to automatically assign certain land use/ water recharge areas to municipal corporations when a water appropriation permit is requested.  The new land uses that would be figured into the calculation of a municipality’s groundwater recharge area include land under permanent easement restrictions, floodplains, forests, steep slopes and wetlands.  Under the bill, the land would not have to be inside the municipal boundary to be considered “under the control” of the municipality for water recharge purposes.  Maryland Farm Bureau policy calls on the Maryland Agland Preservation Foundation to allow the voluntary sale of water recharge rights by landowners with easements in the Piedmont region only.  This bill may interfere with a landowner’s prerogative by automatically assigning a recharge area to a municipal corporation.

OPPOSE

UNFAVORABLE REPORT

S.B, 975 – Oil Pollution and Tank Management – by request MDE

EDUCATION, HEALTH AND ENVIRONMENTAL AFFAIRS

This bill would require registration of an underground oil storage facility with the Department of Environment if it is being used to store ethanol or edible oils, including biodiesel, if intended for use as a fuel source.  If the tank is unregistered and/or not in compliance with state law and regulation, oil may not be sold to or received by the underground storage facility operator.  Under this bill, the loading and unloading of biofuels would be subject to licensure and payment of fees into oil spill cleanup funds at a rate of 5.75 cents per barrel.  Single family residence and farm tanks of 1,100 gallons or less used for storing regulated substances for noncommercial or personal use are excluded from registering.  However, failing to register or submitting false information can result in a civil fine of up to $10,000.   

FYI

RETURNED PASSED

GOVERNMENT OPERATIONS (state & local),

GROWTH MANAGEMENT AND EMINENT DOMAIN BILLS

H.B. 773 – Task Force on the Future for Growth and Development – Membership and Charge – Delegate Lafferty - ENVIRONMENTAL MATTERS

This bill would increase the membership of the Task Force on the Future for Growth and Development that was created by H.B. 1141, which passed last year as a result of the municipal annexation debate.  It would add two administrators of local government, one each from MACo and MML, a representative from the Rural Maryland Council, and would require that at least two of the original local government representatives be from rural counties.  Most importantly, the charges of the task force would be expanded to include the examination of statewide and regional planning cooperation regulations, parameters, and initiatives, identify the infrastructure needed for smart growth development consistent with population growth, and assess mechanisms to fund the construction and maintenance of smart growth infrastructure.  They also add the development of the parameters for state development, transportation, and housing plans and how they might work in conjunction with local plans.   Senate amendments make the task force an advisory body to the Governor’s Smart Growth Sub-cabinet.

FYI

PASSED ENROLLED

H.B. 1175 – Charter Counties – Express Powers – Agreements to Purchase Easements to Restrict Development – Delegate Davis - ENVIRONMENTAL MATTERS

This bill would add to the list of express powers of specific counties with a charter form of government the power to purchase development rights on land in order to restrict the amount of development on it.  As amended, the provisions under this bill apply only to Anne Arundel, Baltimore, Howard, and Prince George’s counties.

SUPPORT

RETURNED PASSED

S.B. 3 – Property Protection Act of 2007 – Senator DeGrange - JUDICIAL PROCEEDINGS

The bill increases the cap on the amount the displacing agency in a condemnation action must pay:  a displaced homeowner from $22,500 to $45,000; a displaced tenant to enable the person to rent a comparable replacement dwelling from $5,250 to $10,500; a displaced farm, nonprofit, or small business for actual reasonable reestablishment expenses from $10,000 to $60,000; and as an alternative payment from $20,000 to $60,000.  When any part of the private property to be acquired in a condemnation action is used for a business or farm operation, a representative of the displacing agency must contact the owner of the business or farm at least 30 days before filing the action and negotiate in good faith regarding a plan under which the business or farm may be relocated.  The State, its instrumentalities, or its political subdivisions must file a condemnation action within three years after the date of the specific administrative or legislative determination to acquire the property. If an action is not filed within that three-year period, the governmental unit may not proceed until it first obtains a new authorization to condemn the property.

FYI

PASSED ENROLLED

S.B. 807 – Property Protection Act of 2007 – Senator Dyson - JUDICIAL PROCEEDINGS

This bill provides that “public use” in the state condemnation law does not include use for economic development purposes, including urban renewal, community revitalization or redevelopment, attracting new business or encouraging the expansion or retention of existing businesses, job creation or generating tax revenue.

SUPPORT

DIED IN COMMITTEE

S.B. 294 – Property Protection Act of 2007 – Senator Kittleman - JUDICIAL PROCEEDINGS

This is a constitutional amendment to prohibit the condemnation of private property for economic development purposes that include urban renewal, community revitalization or redevelopment, attracting new or expanded businesses, job creation or generating tax revenue.  If passed, it will be presented to voters for approval in November 2008.  It applies statewide.

SUPPORT

DIED IN COMMITTEE

HORSE INDUSTRY BILLS

H.B. 17 – Public School Construction – Funding – Video Lottery Terminals – Delegate Galen Clagett
WAYS AND MEANS

The bill authorizes a total of 12,500 VLTs in the State – 3,500 VLTs each at Pimlico Race Course, Laurel Park, and Rosecroft Raceway; and 1,000 each at a race track built in Allegany County and Ocean Downs Raceway.  The bill reiterates the current prohibition on additional forms of gambling, other than those currently authorized under State law (lottery, horse racing, and charitable gambling). The State Lottery Commission will provide regulation and oversight of the VLT program.  Proceeds will be distributed as follows: 5% to the State Lottery Agency for administrative costs;  3% to counties in which VLT facilities are operating; 2% to municipalities in which VLT facilities are operating; 10% to the Purse Dedication Account (PDA) to enhance horse racing purses andto provide funds for the horse breeding industry; 5% to the Senator William H. Amoss Fire, Rescue, and Ambulance Fund;  35% to VLT operation licensees; and  40% to the Public School Construction Fund established under the bill.

SUPPORT

DIED IN COMMITTEE

H.B. 348 – Horse Racing – Purse and Bred Fund Supplements – Delegate N. King
WAYS AND MEANS

This bill authorizes the use of $15 million of state lottery revenue that would have gone into the General Fund for support of race tracks and bred funds in Maryland.  The revenues would be divided so that 11% would go to the bred funds and 89% would go to increase purses at harness race tracks and thoroughbred race tracks.  Of the portion going to the bred funds, 80% would go to the Maryland-Bred Race Fund and 20% would go to the Standard Bred Race Fund.  Of the portion going to increase purses at tracks, 80% would go to the purses at the mile thoroughbred  racing tracks and Timonium, 20% would go to Rosecroft Raceway and Ocean Downs.  This bill is for one year only and expires on June 30, 2008.

SUPPORT

Passed House – DIED IN SENATE COMMITTEES

S.B. 817 – Thoroughbred Racing – Restrictions on Night and Sunday Racing – Repeal – Senator Della - FINANCE

This bill removes the night time and Sunday racing restriction on most live thoroughbred racing facilities in Maryland, including the Maryland State Fairgrounds.  As amended, the bill prohibits racing after 10:00pm at Pimlico and requires the MD Jockey Club to work with city officials and neighbors about lighting and security concerns for any race scheduled after 6:15pm, except for Preakness Day. 

FYI

PASSED ENROLLED

H.B. 110 / S.B. 267 – Maryland Comparative Negligence Act – Delegate Simmons; Senator Lenett

JUDICIARY; JUDICIAL PROCEEDINGS

This bill provides that in an action brought to recover damages for negligence that resulted in the death of an individual, injury to a person, or damages to property, the fact that the plaintiff may have been contributorily negligent may not bar recovery by the plaintiff.

OPPOSE

WITHDRAWN

LOCAL BILLS (Impacting a single county)

S.B. 507 Baltimore County – Alcoholic Beverages – Wine Tasting - Senator Zirkin

EDUCATION, HEALTH AND ENVIRONMENTAL AFFAIRS

The Baltimore County Board of License Commissioners may issue a Class BWT beer and wine tasting (on premises) and Class BWLT beer, wine, and liquor tasting (on premises) licenses for the following fees:  $20 for daily tasting license to be issued no more than 12 times annually; $200 annually for a 26-day tasting license; and $300 annually for a 52-day tasting license.  The bill also establishes provisions for applying for such licenses and the parameters under which the tastings may be conducted. 

FYI

RETURNED PASSED

S.B. 682/ H.B. 657  - Cecil County – Purchase of Development Rights Program – General Obligation Installment Purchase Agreements -  Cecil County Senators; Delegate Rudolph

BUDGET AND TAXATION / ENVIRONMENTAL MATTERS - This bill would authorize the Cecil County Commissioners to enter into installment purchase agreements of development rights for a total of $4 million plus interest in order to purchase the development rights of agricultural land for the County’s Purchase of Development Rights Program.  It would also make any funds and interest derived from the installment purchase agreement free from any taxation in the state of Maryland. 

SUPPORT

RETURNED PASSED

H.B. 320/ S.B. 958 – Frederick County – Alcoholic Beverages – Tables and Chairs at Wineries – Frederick County Delegation; Senator Brinkley

ECONOMIC MATTERS/ ED., HEALTH & ENVIRO. AFFAIRS

This bill allows the holder of a Limited Winery License in Frederick County only to provide tables and chairs on the premises of the licensed facility for the sale, by the glass, of wine and pomace brandy made at the facility to a person who participates in a guided tour of the facility, or attends a scheduled promotional event or an organized activity on the premises.

FYI

RETURNED PASSED

HL 5

H.B. 632/ S.B. 188  – Harford County – Deer Hunting on Private Lands – Sundays – Harford County Delegation; Senator Jacobs - ENVIRONMENTAL MATTERS / ED., HEALTH & ENVIRO. AFFAIRS

This bill would allow deer hunting on private lands in Harford County by removing it from the list of counties where it is expressly prohibited.  All counties but Baltimore, Carroll, Frederick, Harford, Howard, Prince George’s, Somerset Wicomico, and Worcester allow Sunday deer hunting.

HC FB

SUPPORTS

DIED IN COMMITTEE

S.B. 717 – Somerset Co., Wicomico Co., and Worcester Co. – Deer Hunting on Private Lands – Sundays – Senator Colburn - EDUCATION, HEALTH & ENVIRONMENTAL AFFAIRS

This bill woul