No. 8 3/08/07
Hearings and briefings next week include:
S.B. 454 / H.B. 308– Creation of
State Debt – Talbot County – Talbot Agricultural Service Center –Senator
Colburn; Delegate Haddaway
SENATE BUDGET AND TAXATION, 3 West Miller Senate Office Building at 9:00am
HOUSE APPROPRIATIONS; 120 Taylor House Office Building at 10:00am
This bill authorizes the creation of a State Debt not to exceed $1 million for
the construction of the Talbot Agricultural Service Center. MARYLAND FARM BUREAU
SUPPORTS S.B. 454 & H.B. 308.
H.B. 660 - Biodiesel Renewable
Fuel Act - Delegate Cardin
ECONOMIC MATTERS; 230 Taylor House Office Building at 1:00pm
This bill would establish a statewide mandate on the amount of B2 (98% diesel
and 2% biodiesel) blend biodiesel sold by retail service stations. Contingent
upon verification by the Maryland Secretary of Agriculture that production of
biodiesel in the state is sufficient: by Jan. 1, 2009 at least 2% of the diesel
sold in the state each year must be biodiesel; by Jan. 1, 2012 at least 5% must
be biodiesel. The bill would also require MDA and the Comptroller to create an
Advisory Committee by Jan. 1, 2008 to implement the bill and make yearly reports
regarding implementation issues, compliance, and any advances in renewable
fuels. MARYLAND FARM BUREAU SUPPORTS H.B. 261
H.B. 1262 – Renewable Fuels – Production Credits – British Thermal Units –
Delegate Haddaway
ECONOMIC MATTERS; 230 Taylor House Office Building at 1:00pm
This bill would expand the production tax credit available for renewable energy
production to include additional renewable feedstock. The additional “qualifying
biomass” would include forest-related resources (except old-growth timber
by-products, and sawdust and shavings) such as mill residue, forest-improvement
thinning, slash, brush, and yard waste; a pallet, crate, or dunnage;
agricultural and silvicultural sources; gas produced from the anaerobic
decomposition of animal waste; poultry litter; and a plant that is cultivated
exclusively for the purposes of energy production. It also would allow
individuals that operate “renewable on-site generators” of energy to qualify for
the production credit as long as it is produced for personal use. The bill sets
reporting requirements to be eleigible for the credits and prohibits the
Renewable Fuels Incentive Board from certifying BTU credits of more than
6,249,750 therms per producer per year, or a total of 37,498,500 therms per
year. The Board is prohibited from paying a credit for renewable BTUs produced
after December 31, 2019.
MARYLAND FARM BUREAU SUPPORTS H.B. 1262
S.B. 507 - Baltimore County – Alcoholic Beverages – Wine Tasting - Senator
Zirkin
EDUCATION, HEALTH AND ENVIRONMENTAL AFFAIRS; 2 West Miller SOB at 1:00pm
This bill would repeal the maximum number of Class BWT beer and wine tasting (on
premises) licenses that are available each year in Baltimore County. Under
current law, The Baltimore County Board of License Commissioners may only issue
12 1-day Class BWT licenses each year.
FOR INFORMATION ONLY
S.B. 425 – Wineries – Special Event Permits – Farmers’ Markets- Senator
Middleton
EDUCATION, HEALTH AND ENVIRONMENTAL AFFAIRS
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.
MARYLAND FARM BUREAU SUPPORTS S.B. 425
S.B. 473 – Alcoholic Beverages – Class A Light Wine Licenses – Residency
Requirement – Senator Munson
EDUCATION, HEALTH AND ENVIRONMENTAL AFFAIRS; 2 West Miller SOB at 1:00pm
This bill would require an applicant for a Class A Light Wine license to have
resided in the state for at least 2 years immediately preceding the filing of
the application. MFB SUPPORTS S.B. 473
S.B. 958 – Frederick County – Alcoholic Beverages – Tables and Chairs at
Wineries – Sen. Brinkley
EDUCATION, HEALTH AND ENVIRONMENTAL AFFAIRS, 2 West Miller SOB 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
H.B. 963 – Vehicle Laws – Off-Highway Vehicles – Titling and Registration –
Delegate Weir
ENVIRONMENTAL MATTERS, 250 Taylor House Office Building at 1:00pm
This bill establishes the Off-Highway Vehicle Fund within the Department of
Natural Resources, an Off-Highway Vehicle Trails Advisory Committee, and
registration requirements for Class O (off-highway) vehicles. The money for the
Fund will be generated from fees paid for the registration, minus the
administrative costs incurred by the Motor Vehicle Administration and will be
used to build and maintain trails for the use of off-highway vehicles. The
Advisory Committee is to act in an advisory capacity to the DNR and will consist
of representatives from various off-road vehicle interest groups, as well as MFB.
The Committee will make recommendations on trail sites, site acquisition,
construction, development, and maintenance, as well as other issues related to
off-highway vehicles. The bill defines an off-road vehicle as including ATVs,
dirt-bikes, and snowmobiles. ATVs owned by a farmer and used in the daily
business of farming are exempt from registration requirements. Off-highway
vehicles purchased before October 1, 2007 must be registered by 2012 or the date
on which the vehicle is transferred to a new owner. Registration will be
administered electronically and be effective for a period of two years. There is
a provision in the bill requiring riders of off-highway vehicles to obtain
written permission from private property owners and to carry it with them while
on such property.
MARYLAND FARM BUREAU SUPPORTS H.B. 963.
S.B. 3 – Property Protection Act of 2007 – Senator DeGrange
JUDICIAL PROCEEDINGS, 2 East Miller Senate Office Building at 1:00pm
This bill requires the government to make certain findings about a project
before it can condemn private property for economic development or urban renewal
purposes. Some of these findings include that it is part of a comprehensive
plan, that it is necessary to carry out the plan, that it is not condemned
solely to benefit a private party and that the plan could not be accomplished by
private developers. The bill establishes that it is the intent of the General
Assembly that a viable business should be preserved whenever reasonable
practicable and should not be acquired by condemnation for urban renewal or
economic development purposes unless other alternatives are shown not to be
reasonably practicable. When it is necessary to take a private property, the
bill sets up a rigid set of disclosures, analysis and compensation that must be
followed. The bill requires that every effort be made to include the business in
the development plan. If relocation is necessary funding for actual value,
relocation costs and loss of “goodwill” relationships is mandated. The bill
includes specific protection for farms by requiring that a government unit may
not condemn private property used for a farm operation if the property will be
sold, leased, transferred, or otherwise conveyed to or for the benefit of a
private party for the purposes of urban renewal or economic development.
MARYLAND FARM BUREAU SUPPORTS S.B. 3
S.B. 294 – Property Protection Act of 2007 – Senator Kittleman
JUDICIAL PROCEEDINGS; 2 East Miller Senate Office Building at 1:00pm
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.
MARYLAND FARM BUREAU SUPPORTS S.B. 294.
H.B. 761 – Vehicle Excise Tax – Rate – Delegate Hixson
WAYS AND MEANS, 130 Taylor House Office Building
This bill increases the vehicle excise tax for motor vehicles, trailers and
semitrailers from 5% to 6% of the fair market value of the vehicle. MARYLAND
FARM BUREAU OPPOSES H.B. 761.
H.B. 821 – Transportation – Tax Revenues – Delegate Hixson
WAYS AND MEANS, 130 Taylor House Office Building
This bill increases the motor fuel tax rate for gasoline, special fuel and
clean-burning fuel by 10 cents per gallon and for aviation gasoline and turbine
fuel by 3 cents per gallon.
MARYLAND FARM BUREAU OPPOSES H.B. 821.
S.B. 512 – Maryland Estate Tax – Exclusion for
Qualified Conservation Easement – Senator Dyson
BUDGET AND TAXATION, 3 West Miller Senate Office Building at 1:00pm
This bill would significantly reduce the estate tax on land under a qualified
conservation easement (as defined in the IRS Code at 2031c) by increasing the
“applicable percentage” from 40 percent to 100 percent in the formula used to
establish the exclusion amount. The bill raises the exclusion limit to
$1,000,000 for such property in Maryland. The current exclusion limit under
federal law is $500,000.
MARYLAND FARM BUREAU SUPPORTS S.B. 512.
H.B. 1075 – Study to Evaluate Strategies to Reduce Deer-Vehicle Collisions –
Delegate Bartlett
ENVIRONMENTAL MATTERS; 250 Taylor House Office Building at 1:00pm
This bill would require a joint study on strategies to reduce the number and
frequency of deer-vehicle collisions to be conducted by the Departments of
Natural Resources, Transportation, and State Police. The 3 departments must
report their findings by October 1, 2008. FOR INFORMATION ONLY
H.B. 773 – Task Force on the Future for Growth and Development – Membership and
Charge – Delegate Lafferty
ENVIRONMENTAL MATTERS, 250 Taylor House Office Building at 1:00pm
This bill would increase the membership of the Task Force on the Future for
Growth and Development that was created by H.B. 1141 Land Use - Local Government
Planning, which passed last year as a result of the municipal annexation debate.
It would add representatives of the Departments of Transportation and Housing
and Community Development, the Base Realignment and Closure Subcabinet, and 3
reps from citizen organizations that deal with affordable housing,
transportation, and smart growth issues. 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. A final
report on their findings is due the Governor and the General Assembly by
December 1, 2008.
FOR INFORMATION ONLY
H.B. 1028 – Task Force on Improving Local Stormwater Management Practices –
Delegate Rudolph
ENVIRONMENTAL MATTERS; 250 Taylor House Office Building at 1:00pm
This bill would create the Task Force on Improving Local Stormwater Management
practices to make recommendations for improving such practices. With
representation from the legislature, DNR, MDE, the Maryland Environmental
Service, and various stakeholders, the task force will evaluate current
standards and practices, investigate innovative solutions, and assist local
governments in their respective efforts. The bill does not call for statewide
oversight of local regulations and practices. Their report is due by June 1,
2008. FOR INFORMATION ONLY
H.B. 812 – State Property Tax – Homestead Property Tax Assessment Cap
Increase – Del. Hixson
WAYS AND MEANS, 130 Taylor House Office Building at 1:00pm
This bill increases from 110% to 115% the homestead property tax credit
percentage for State property tax. The bill applies to tax years beginning after
June 30, 2008. The Homestead Property Tax Credit caps the annual increase in
taxable assessed value for homes and the 1 acre of property immediately
surrounding the home if the owner resides there. So, under current law, even if
the assessed value of the house doubles in the three year cycle of reassessment,
the state and county can only raise the taxable value by about 10% per year.
This bill would allow increases of 15% per year for the state portion of the
tax. MARYLAND FARM BUREAU OPPOSES H.B. 812.
H.B. 834 – Task Force to Review the Property Tax Assessment Appeal Process –
Delegate Sossi
WAYS AND MEANS, 130 Taylor House Office Building at 1:00pm
This bill establishes a 13 member Task Force to study the current three-step
process by which a property owner may appeal a property assessment or
reassessment for property taxation purposes. The Task Force will evaluate the
effectiveness of the current process, taking into account the ease of access,
degree of transparency and difficulty navigating the process and recommend
changes by December 1, 2007.
MARYLAND FARM BUREAU SUPPORTS H.B. 834.
S.B. 91- Clean Indoor Air Act of 2007 – Senator
Garagiola
FINANCE, 3 East Miller Senate Office Building at 1:00pm
This bill bans smoking in most indoor areas in Maryland. 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
derives at least 75% of its revenues from the sale of noncigarette tobacco
products and has an appropriate ventilation system. Unlike the House version,
this bill does not include an exemption or waiver system for bars and
restaurants – so smoking would be completely banned. Penalties for violation
include $100 - $250 for an individual and $2,000 to $10,000 for an employer who
discharges or discriminates against an employee who makes a complaint or informs
the government about smoking in the workplace. FOR INFORMATION ONLY
S.B. 770/ H.B. 865 – Milk Products – Farmstead Cheese Production – Pilot
Study
– Senator Colburn; Delegate Haddaway
FINANCE, 3 East Miller Senate Office Building at 1:00pm
HEALTH AND GOVERNMENT OPERATIONS; 240 Taylor House Office Building at 1:00pm
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 50 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. MARYLAND FARM BUREAU SUPPORTS S.B. 770 &
H.B. 865
H.B. 1010 – Milk Products – Direct Sale to Consumer – Exemption from
Regulation – Del. Love
HEALTH AND GOVERNMENTAL OPERATIONS, 240 Taylor House Office Building at 1:00pm
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. MARYLAND FARM BUREAU OPPOSES H.B. 1010.
H.B. 517 – Income Tax Credit – Oyster Restoration Activity – Delegate
Haddaway
WAYS AND MEANS, 130 Taylor House Office Building at 1:00pm
This bill allows an individual with a commercial oyster license to take a $750
tax credit for participating in an oyster restoration activity approved by DNR,
the Oyster Recovery Partnership or the University of MD Center for Environmental
Studies. The credit would be applicable to all taxable years after December 1,
2006. MARYLAND FARM BUREAU SUPPORTS H.B. 517.
H.B. 981 – Northern Bay Crossing – Delegate Walkup
ENVIRONMENTAL MATTERS, 250 Taylor House Office Building
This bill prohibits any new Chesapeake Bay crossing that terminates in Kent
County. This bill was introduced last year and died in committee. FOR
INFORMATION ONLY
H.B. 1131 – Environment – Phosphorus – Dishwashing Detergent – Delegate
Hubbard
This bill bans dishwashing detergent that contains more than 0.5 percent
phosphorus by weight beginning December 1, 2008. FOR INFORMATION ONLY
H.B. 1224 – Program Open Space – Use of Acquisition Funds – by request DNR
ENVIRONMENTAL MATTERS COMMITTEE
This bill would allow counties and local jurisdictions to use some of their
Program Open Space acquisition funds to eliminate hazards to health and safety,
including treatment and removal of hazardous materials and to protect water
quality by implementing environmental improvements, including shore erosion
control measures and vegetated buffers. The performance of these and other
stabilization activities may not exceed 10 percent of the purchase price of the
land.
FOR INFORMATION ONLY
The House Environmental Matters Committee held its
hearing on H.B. 1220, the Chesapeake Bay Green Fund on Wednesday, March 7th. MFB
President Mike Phipps presented testimony on behalf of Farm Bureau. He supported
the concept of a dedicated revenue source for farm conservation programs but
expressed the concern of many in the farm community about the source of the
revenue – the impervious surface fee. Maryland Farm Bureau submitted amendments
to clarify the farm exemptions from the fee. Our amendment reads:
“NEW IMPERVIOUS SURFACE” DOES NOT INCLUDE:
(III) A BUILDING, STRUCTURE, LANE, TOWER OR A VALUE-ADDED IMPROVEMENT THAT IS
INSTALLED AS PART OF A FARM BUSINESS,
(IV) A DRIVEWAY OR LANE AND DWELLING UNIT INSTALLED ON A FARM FOR A FARMER,
FARMER’S CHILD OR TENANT WHO ACTIVELY PARTICIPATES IN THE FARM BUSINESS, IF THE
DWELLING UNIT IS SITED AS TO PRESERVE AS MUCH QUALITY FARMLAND AS POSSIBLE.
At the beginning of the hearing the sponsor, Chairwoman Maggie McIntosh outlined
a series of amendments she wanted to make to the bill. They include:
(1) Reducing the fee substantially – the new amount to be announced next week;
(2) Specifically identifying in the bill the types of mitigation projects and
offsets that are acceptable;
(3) Allowing for the fee to be offset by 100% for mitigation projects rather
than the original 25%;
(4) Exempting local governments from mitigation requirements if the projects are
smart growth related or include schools or sewer infrastructure;
(5) Allowing local governments to identify specific mitigation/offset projects
that are important in their area;
(6) Completely exempting the fees in the bill for affordable or workforce
housing; economic development projects in One-Maryland counties; construction
related to smart growth infrastructure; and the primary home and driveway on a
farm. (Delegate Paul Stull specifically asked the Chairwoman if she had reviewed
the Farm Bureau amendment and if she would include it in her redrafted bill. She
indicated that she thought the Farm Bureau language would be included.)
(7) Altering the distribution of funds to allow 1/3 for MDA for farm
conservation programs, 1/3 for county and municipal governments, and 1/3 to
other state agencies to implement tributary strategy goals;
(8) Funding for the Rural Maryland Prosperity Fund.
The Chairwoman indicated that the bill would continue to be updated and she
wanted to address as many of the concerns expressed as possible. Maryland Farm
Bureau will continue to participate in discussions on this bill to make sure it
is consistent with Farm Bureau policy.
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 .