Contact: Valerie Connelly or Kurt Fuchs
(410) 269-0656        (410) 269-0081 – fax

No. 5  2/15/07

Hearings and briefings next week include:

Monday, February 19, 2007

H.B. 522 – Wineries – Special Event Permits – Farmers’ Markets – Delegate V. Claggett
ECONOMIC MATTERS, 230 Taylor House Office Building at 1:00pm
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 even permits for use at official MDA listed farmers’ markets, but the permittees may not offer wine by-the-glass.
MARYLAND FARM BUREAU SUPPORTS H.B. 522.

H.B. 614 –Montgomery County – Alcoholic Beverages – Direct Sales by Holders of Class 6 Limited Wine Wholesaler’s Licenses – Montgomery County Delegation
ECONOMIC MATTERS, 230 Taylor House Office Building at 1:00pm
This bill would allow holders of Class 6 Limited Wine Wholesaler’s licenses to sell or deliver wine directly to a county liquor store, restaurant, or shop in the Montgomery County. In Montgomery County, unless otherwise exempted by law, anyone selling an alcoholic beverage must first purchase it from the county’s Department of Liquor Control.
FOR INFORMATION ONLY

H.B. 320 – Frederick County – Alcoholic Beverages – Tables and Chairs at Wineries – Frederick County Delegation
ECONOMIC MATTERS, 230 Taylor House Office Building at 1:00pm
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.
FOR INFORMATION ONLY

Tuesday, February 20, 2007

S.B. 273/ H.B. 319 – Maryland Agricultural Land Preservation Foundation – Allegany County and Garrett County – Coal Rights – Senator Edward; Garrett and Allegany Co. Delegations
EDUCATION, HEALTH & ENVIRONMENTAL AFFAIRS, 2 West Miller SOB at 1:00pm
ENVIRONMENTAL MATTERS, 250 Taylor HOB, Wednesday 2/21 at 1:00pm
This bill prohibits the Maryland AgLand Preservation Foundation from requiring (as a condition of establishing an agricultural district) a coal rights owner in Garrett or Allegany County to subordinate its interest to the Foundation if the Foundation determines that exercise of the coal rights will not interfere with an agricultural operation conducted on land in the agricultural district. This is similar to the provisions in current law to protect natural gas rights owners.
FOR INFORMATION ONLY

S.B. 333 – Commission on Maryland’s Energy Future – Senator Frosh
EDUCATION, HEALTH AND ENVIRONMENTAL AFFAIRS, 2 West Miller SOB at 1:00pm
This bill would establish a commission to broadly study the state’s future energy needs and energy resources. The commission will address specific renewable energy production potential, viability, and opportunities including among others, energy produced from biomass. It will also make recommendations concerning the reduction of greenhouse gas emissions, increasing the state’s energy self-sufficiency, and the formulation of long-term energy efficiencies and alternative energy strategies for the state. The Commission is to report its findings to the General Assembly by September 2008. FOR INFORMATION ONLY

S.B. 409 – Global Warming Solutions – Reductions in Greenhouse Gas Emissions – Senator Pinsky
EDUCATION, HEALTH AND ENVIRONMENTAL AFFAIRS, 2 West Miller SOB at 1:00pm
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 disadvantage if emissions limits are required at the state level. We believe that this issue should be addressed at the national level.
MARYLAND FARM BUREAU OPPOSES S.B. 409.

S.B. 499 - Environment – Water Appropriation Permits – Groundwater Recharge Area - Senator Brinkley
EDUCATION, HEALTH AND ENVIRONMENTAL AFFAIRS; 2 West Miller SOB at 1:00pm
This bill requires the Dept. of Environment to automatically assign certain land sue/ 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 consider “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 applies statewide and may interfere with a landowner’s prerogative by automatically assigning a recharge area to a municipal corporation. MARYLAND FARM BUREAU OPPOSES S.B. 499 AS DRAFTED.

H.B. 420 – Vehicle Laws – Exceptional Milk Hauling Permit – Raw Liquid Milk – Delegate Stull
ENVIRONMENTAL MATTERS, 250 Taylor House Office Building at 1:00pm
This bill creates an exceptional hauling permit for vehicles carrying raw liquid milk that would allow a tractor-trailer to have an 87,000 lbs GVW if enough axels at the right distances exist. Current law limits the GVW to 80,000 lbs. The bill also permits a straight truck to get a permit for a weight of up to 70,000lbs. The cost of the permit would be $500 per year, per vehicle. The permit would require two inspections per year as well. This is similar to a permit that was created in 2006 for the forestry industry. MARYLAND FARM BUREAU SUPPORTS H.B. 420.

H.B. 558 – Department of Agriculture – Appointment or Employment – Exemption from Ethics Restrictions – Delegate Stull
ENVIRONMENTAL MATTERS, 250 Taylor House Office Building at 1:00pm
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 appointed Secretary, Deputy Secretary or employed by the Department. The bill requires that the person may not exercise regulatory responsibility over the activities of his or her own farm. MARYLAND FARM BUREAU SUPPORTS H.B. 558.

Wednesday, February 21, 2007

S.B. 230/H.B. 621 – Admissions and Amusement Tax – Exemption for Activities Related to Agritourism – Senator Brinkley; Delegate Stull
BUDGET AND TAXATION, 3 West Miller SOB at 1:00pm
WAYS AND MEANS, 130 Taylor House Office Building, Thursday 2/22 at 1:00pm
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. Baltimore and Harford counties have similar exemptions already in state code and several counties have made exemptions through local legislation. The 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. MARYLAND FARM BUREAU SUPPORTS S.B. 230 & H.B. 621.

S.B. 682 - Cecil County – Purchase of Development Rights Program – General Obligation Installment Purchase Agreements - Cecil County Senators
BUDGET AND TAXATION, 3 West Miller Senate Office Building at 1:00pm
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. MARYLAND FARM BUREAU SUPPORTS S.B. 682.

H.B. 319 – Maryland Agricultural Land Preservation Foundation – Allegany County and Garrett County – Coal Rights – Garrett & Allegany County Delegations
ENVIRONMENTAL MATTERS, 250 Taylor House Office Building at 1:00pm
(See S.B. 273 on Tuesday 2/20 for explanation.)
FOR INFORMATION ONLY

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.
FOR INFORMATION ONLY

H.B. 416 – Maryland Agricultural Commission – Biofuel Industry Member – Delegate Stein
ENVIRONMENTAL MATTERS, 250 Taylor House Office Building at 1:00pm
This bill increases the membership of the Maryland Agricultural Commission, an advisory board to the Secretary of Agriculture, from 28 to 29 members representing various sectors of the industry. The additional seat is to be representative of the biofuels industry.
MARYLAND FARM BUREAU SUPPORTS H.B. 416.

H.B. 476 – Environment – Stormwater, Flood Control, Watershed, and Sediment Management – Delegate Costa
ENVIRONMENTAL MATTERS, 250 Taylor House Office Building at 1:00pm
This bill would allow funds generated from violations of sediment and erosion control regulations to be used for grants to upgrade existing sediment and erosion control projects in local jurisdictions. In general it also increases the criminal and civil penalties for violating stormwater management regulations and approved stormwater management plans from a fine of up to $10,000 to a minimum fine of $1,000, not to exceed $25,000 for each violation. It also establishes the Stormwater Restoration Fund to be administered by MDE and funded through fines and penalties collected as a result of stormwater regulation violations and any funds appropriated in the State budget. The fund will award grants to local jurisdictions for upgrading existing stormwater control projects.  Provisions under the sediment control subtitle in MD Code do not apply to agricultural land management practices or construction of agricultural buildings. FOR INFORMATION ONLY

Thursday, February 22, 2007

H.B. 9 – State Property Tax – Homeowner’s Property Tax Assessment Cap Reduction - Delegate Krebs
WAYS AND MEANS, 130 Taylor House Office Building at 1:00pm
This bill lowers the annual cap on increases in the state’s portion of property tax assessment from 110% to 105%. Property taxes are collected by both the state and local government, but are billed as one tax. Property is assessed every three years in the state. Increases in assessment are mandated by law to be phased in over a number of years. If passed, this bill will limit the increase to 5 percent for the assessment applied to the state property tax rate of 11.2 cents per $100 of assessment. MARYLAND FARM BUREAU SUPPORTS H.B. 9.

H.B. 621 – Admission and Amusement Tax – Exemption for Activities Related to Agricultural Tourism – Delegate Stull
WAYS AND MEANS, 130 Taylor House Office Building at 1:00pm
(See explanation of S.B. 230 under 2/21/07 above.)
MARYLAND FARM BUREAU SUPPORTS H.B. 621.

Friday, February 23, 2007

S.B. 271 – Hunting – Exemptions from License and Stamp Requirements – Senator Edwards
EDUCATION, HEALTH & ENVIRONMENTAL AFFAIRS; 2 West Miller SOB at 1:00pm
This bill would allow the children of a farm’s owner, the children of a farmer who leases land and lives on the farmland, and the children of a nonresident owner of farmland to legally hunt on that farmland without a license, bow and arrow stamp, black powder stamp, or bonus antlered deer stamp even if they are 16 years or older if they live on, work on, or manage the farmland.
MARYLAND FARM BUREAU SUPPORTS S.B. 271.

S.B. 443 – Natural Resources – Hunting Licenses and Stamps – Exemptions – Senator Colburn
EDUCATION, HEALTH AND ENVIRONMENTAL AFFAIRS, 2 West Miller SOB at 1:00pm
This bill would remove the under 16 age requirement for children of farmers enabling them to be exempt from hunting license and stamp requirements while hunting on their farmland. Children must still successfully pass the hunter’s safety course required to obtain a hunting license. The bill would also re-establish a child’s spouse as qualifying for the exemption which was removed last year through legislation which expanded the definition of “child.”
MARYLAND FARN BUREAU SUPPORTS S.B. 443.

S.B. 188 – Harford County – Deer Hunting on Private Lands – Sundays – Senator Jacobs
EDUCATION, HEALTH AND ENVIRONMENTAL AFFAIRS; 2 West Miller SOB at 1:00pm
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.
HARFORD COUNTY FARM BUREAU SUPPORTS S.B. 188
.

Additional Annapolis News

BUDDY HANCE NAMED DEPUTY SECRETARY OF AGRICULTURE

ANNAPOLIS, MD - Feb. 14, 2007 - Fourth generation Southern Maryland farmer, Earl F. "Buddy" Hance has been named deputy secretary of the Maryland Department of Agriculture.  Mr. Hance has most recently served as president of the Maryland Farm Bureau, chairman of the Maryland State Tobacco Authority, and as chairman of the Southern Maryland Agricultural Commission among other farm and community activities.

"Few people have the combined knowledge of agricultural and environmental policy, rural development, and running a successful farm business in today's economy than Buddy Hance," said Governor Martin O'Malley.  "We are delighted that he has agreed to serve in the O'Malley-Brown Administration, and look forward to working with him and Secretary Richardson to strengthen family farm businesses, expand opportunities for all Marylanders, and protect the health of our environment and our residents."

A former tobacco farmer, Deputy Secretary Hance and his family farm 400 acres of corn and soybeans and operate several commercial greenhouses. 

"In addition to Buddy's business and non-profit association accomplishments, he has been very instrumental in bringing together the agricultural and environmental communities," said Agriculture Secretary-nominee Roger Richardson.  "His leadership skills and common sense will benefit our farm businesses and the environment."

"It is an honor for me to represent Maryland farmers in a new capacity," said Deputy Secretary Hance. "I look forward to raising awareness about the importance of agriculture to all Marylanders and to collaborate on ways to strengthen it."

Maryland Farm Bureau’s First Vice President, Mike Phipps of Calvert County, will become President effective Tuesday, February 20th.

National Update

HOUSE AG REVIEWS ADMINISTRATION FARM BILL
On Wednesday, during the House Agriculture Committee’s first hearing of the 110th Congress, the committee reviewed the Agriculture Department’s farm bill recommendations with Agriculture Secretary Mike Johanns. Agriculture Committee Chairman Collin C. Peterson (D-Minn.) convened the meeting and thanked the secretary for the time and consideration that went into his farm bill proposal. 
 
“The committee is receiving farm bill input from many sources, including USDA, and I was pleased to see that Secretary Johanns included some good ideas in his proposals, even though there are some areas where we disagree,” Peterson said.  “I intend to make sure that we protect the safety net, while adding new initiatives that will revitalize rural America and help our country achieve energy independence. It is an ambitious agenda, but I am confident that we can do it.”

Ranking member Bob Goodlatte (R-Va.) also welcomed the secretary’s testimony.  “Today, we had the opportunity to engage in a good dialogue with Secretary Johanns and delve into the details of the USDA’s farm bill proposal.  One of the ideas warranting further investigation is the proposal to convert the current price-based countercyclical program to a revenue-based countercyclical program.  We need to understand exactly how that might work and the implications for farmers and ranchers.”

JOHANNS: CORN ACRES TO INCREASE
During comments to the House Agriculture Committee on Wednesday, Agriculture Secretary Mike Johanns told members it is highly likely there will be a big scramble in ag land use over the next several years. He predicted that corn production could increase by millions of acres, shifting from other crops and conservation acreage.

Johanns said he expects 3 million acres that are presently enrolled in the Conservation Reserve Program to opt into corn production by as early as next year. This is due largely to higher corn prices resulting from ethanol production. The best clue that indicates this shift is that farmers have not filed the preliminary paperwork to re-enroll those CRP acres.

That CRP acreage allotment, Johanns said, would be made available to other farmers during future sign-ups for the popular conservation program. CRP allows farmers to enroll their land in 10-year contracts for the purposes of wildlife habitat or other environmental benefits. The Agriculture Department has already said it will not enroll any new CRP contracts next year, and they may allow some contracts an early out, due to the increased demand for corn. An economic report from USDA yesterday predicted that farmers will take land out of  CRP over the next three years and put it back into production, but CRP would return to its maximum 39.2 million acres by 2017.

The Hotline will be posted on the MFB website at the end of each week. Our website address is www.mdfarmbureau.com. The Maryland General Assembly’s website can also serve as a valuable tool for legislative information. The Home Page offers the proceedings and agendas of the House and Senate, hearing schedules, bill information and status, and other data about the Maryland General Assembly. Plus, there are links available to other related websites. The website is updated nightly, and may be accessed at www.mlis.state.md.us .