Governor's Report Card 2011

8/3/2019 Governor's Report Card 2011

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Martin OMalley, 20092011

Maryland League of Conservation Voters

Governors Report Card

OverallGradeB+

BudgetA

WaterQuality BClimateCha

nge AEnergyB+

SmartGrowth ATranportation AFisheries&Wildlife AAdministration

&Appointments B+

Keeping Score for the Environment Since 1979


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Dear Fellow Marylanders,

For over thirty years, the Maryland League of Conservation

Voters (LCV) has served as the independent political voice

for the environment in the state. As the electoral arm of theenvironmental community, we work to elect pro-environment

candidates, advocate for strong conservation policies, and

hold our elected ocials accountable through our General

AssemblyEnvironmental Scorecard and Governors Report Card.

After consultation with conservation leaders in the state,

the Maryland LCV Board of Directors and sta have pre-

pared this Governors Report Card on the administration of

Martin OMalley. Maryland LCV awarded the Governor an

overall grade for his performance on the environment based

on a number of separately graded categories, which containa number of detailed issues intended to be representative

of the OMalley Administrations commitment and actions

on environmental issues. The methodology used to prepare

this and prior report cards includes a thorough review of

Grading MarylandsGovernor

departmental and agency actions, policy positions, funding

priorities and budget submissions, public statements,

environmental advisors, and executive appointments.

Maryland LCV wishes to express our appreciation to all of

the organizations and individuals who provided input to t

report.

The Maryland LCV is pleased to assign the grade of B+

to Martin OMalley on this second Governors Report Ca

of his term.

Governor OMalley made the environment one of the h

marks of his administration. He not only kept the states

commitment to restore the Chesapeake Bay, but proposed

significant environmental initiatives in each legislative se

sion. Despite confronting a serious budget crisis due to t

national economic downturn, Governor OMalley recogniz

the economic importance of the environment by continuin

to fund environmental priorities such as the Chesapeake

Bay Trust Fund and Program Open Space. As the chair of

Governor Martin OMalley

Overall Grade B+

Budget AWater Quality B

Climate Change

Energy B+

Smart Growth A

Tranportation A

Fisheries & Wildlife A

Administration

& Appointments B+


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the Board of Public Works, Governor OMalley took advan-

tage of the economic climate and approved land acquisitions

to preserve open space in Maryland. Governor OMalley also

advocated initiatives to protect Marylands environment

from global climate change by encouraging renewable en-

ergy, energy eciency, and new transportation alternatives

such as plug-in and electrical vehicles. Finally, as Governor

OMalley undertook leadership roles in national organiza-tions, he used these forums to promote environmental pri-

orities to other policy makers both at the federal level and in

other states. He has consistently promoted the message of

good environmental policy as part of good economic policy.

In sum, the 20092011 Governors Report Card reveals

that Governor Martin OMalley fell just short of matching

one Governor Martin OMalley for the highest score in the

organizations history. While disappointed with process

and outcomes on three particular issuesincinerator tax

breaks, stormwater management, and agricultural runothe Maryland League of Conservation Voters applauds the

bulk of the accomplishments of Governor OMalley, partic-

ularly when viewed through the lens of the worst national

economic conditions this nation has seen in 60 years.

Board of Directors

Frederick Hoover, Chair

Kevin Rackstraw, Treasurer

Marcia Verploegen Lewis,

Secretary

Jennifer Bevan-Dangel

Anthony Caligiuri

George Chmael

Jay Falstad

Bob Gallagher

Dr. Beth Garraway

Peter Hamm

Chuck Porcari

Terri Shuck

Staff

Jen Brock-Cancellieri, Deputy

Director

Pete Johnson, Outreach Manager

Dannielle Lipinski, Senior

Organizer

Alicia Luckhardt,Administrative

Assistant

Eddie Chen, Organizer

Frederick Hoover,

Chair, Board of Directors

Jen Brock-Cancellieri,

Deputy Director

Further, when matched against the accomplishments

or lack thereofof some of his gubernatorial peers during

this dicult time in our history, the seemingly visceral en-

vironmental ethos this administration displayed to date is

noteworthy.

Finally, the Maryland LCV will be oering one final

grade to Governor OMalleys administration. We will be

watching closely to determine whether Governor OMalleycan keep pace with Governor OMalley, or falls back into

the pack with other Governors.


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Budget: AIn Maryland, the primary authority for the states budget resides with the

Governor. And on the budget, Governor OMalley consistently demonstrated

his environmental commitment. In a difficult fiscal situation, Governor

OMalley invested in the economy and created jobs by keeping environmental

priorities in his budgets. We look forward to the full funding of key

environmental programs and agency staffing levels.

Chesapeake and Atlantic Coastal Bays

Trust Fund: GOOD

Despite cuts across government, GovernorOMalley provided funds for the ChesapeakeBay Trust Fund. This fund, created in 2008,is dedicated to pay for the strategies that

will clean local waters and create green jobs.When others urged this environmentalpriority be reduced in funds, the Governorcontinued the needed investment for restora-tion of the Bay. Although never fully fundedat the designated $50 million level, we areencouraged by Governor OMalleys eortsto sustain the Fund at a significant leveldespite the states fiscal situation. We congrat-ulate Governor OMalleys vision in creatingthe Trust Fund and his continued support.However, we believe that to restore the Bayand meet the federal governments pollutiondiet, Maryland will need to invest an addi-tional $200 million a year in job creatingrestoration projects. We look forward to

working with Governor OMalley and thelegislature to set additional funding sources.

Program Open Space: GOOD

Governor OMalley has shown foresight andleadership through continued investmentsto protect our rural heritage, such as landacquisition through Program Open Space.Program Open Space is a nationallyrecognized program that protects land fromdevelopment eciently and eectively.This program uses dedicated funds tied tothe real estate market so that preservationcan keep pace with development. GovernorOMalley recognizes that land conservationis an opportunityat tremendous costsavings to the statedespite pressure toend land acquisition. Purchasing land nowmakes the most of scarce preservationdollars and creates jobs, from appraisersto park development. The Department ofNatural Resources (DNR) also developedcriteria to help ensure that land purchasedis the most appropriate for preservation.With this program, Maryland establishedstate and local parks, preserved agriculturallands, and created playgrounds and other

recreational venues. While the Governorbonded this funding, he resisted eorts toabolish this program or divert the dedicatedfunds. Continued investment by the stateis critical to ensure our land is not just alink to our past, but also a path to a vibrantfuture.

Strategic Energy Investment Fund:

SHOWS PROMISE

The General Assembly created the StrategicEnergy Investment Fund to enable theproceeds of the Regional Greenhouse

Gas Initiative (RGGI) carbon allowanceauctions to be invested in pollution reduc-tions from various energy programs.The Fund directed the Maryland Energy

Administration (MEA) to develop aninvestment plan. Unfortunately, theGovernors budget in FY 2012 diverted $70million in funds for to provide short termrelief for residential rate payersespeciallylow-income energy consumers. The diver-sion of funds delayed investments in longterm relief to low-income households

through energy eciency programs suchhome weatherization.

We were pleased to see that theGovernors most recent budget did endthe diversion, and allocated RGGI auctioproceeds in accordance with the creationof the Strategic Energy Investment FundWe urge the Governor to maintain thelevel of funding needed to make energyeciency investments in homes andbuildings.

Retention of Environmental

Staff: GOOD

Despite budget constraints, GovernorOMalley sought to maintain stang levat departments and agencies aecting thenvironment. Through his personnel

policies, he tried to balance reducedrevenues with the need for governmentservices. He attempted to reduce employlevels through attrition as opposed to layos. Furloughs, rather than elimination positions, kept many valuable membersof the environmental agencies on the jobWe urge the Governor to use targetedrevenues that come to the state fromincreased fines for polluters to increasestang levels dedicated to environmentenforcement.


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Water Quality: BAs the premier estuary in the nation, the Chesapeake Bay received signature

support from President Obama in 2009 when the U.S. Environmental Pro-

tection Agency increased funding for protection and restoration of the Bay.

In response, the leaders of the affected states, led by Governor OMalley,

reviewed the Chesapeake Bay Agreement to set tighter deadlines for the

state to comply with the agreement. Additionally, the federal government

now requires each Bay state to craft and implement a Bay pollution diet.

Governor OMalley maintained critical investments in water quality and

implemented new regulations on pollution from both farmland and

development, all essential to meeting the new restoration deadlines. Sadly,

the Bay is still on life support at this time. We believe we are not requiring

enough pollution reductions, meeting required reductions, or requiring the

right kinds of reductions.

Implementing the Bay Diet: SHOWS

PROMISE

While some progress has been made in Bayrestoration, pollution in other areas hasincreased, leaving the Bay stifled by too muchnitrogen, phosphorous, and sediment. Fromthe federal government down, our electedocials are finally requiring plans thatrequire real resultsresults they will beheld accountable for every two years.Governor OMalley led this process andpushed Maryland to meet its deadlines onan accelerated schedule, making Marylandsplan the strongest in the watershed. Butmany questions remain unanswered. Now,

counties are drafting plans for cleaning localwaters. The administration must review thoseplans carefully and hold counties accountablefor implementing their proposals. Theadministration must also finalize nutrienttrading plans and account for future growth.

Wastewater Treatment Plant Upgrades:

SHOWS PROMISE

Maryland cannot hope to clean its watersunless we tackle a major source of pollution:wastewater treatment plants. The flush taxprovides a source of funding to reduce the

pollution loads from our largest plants.During its tenure, the OMalley administra-tion has proven its dedication to wastewatertreatment plant upgrades. The administra-tion kept the state on track, allocating all thefunds to their appropriate use and upgradingplants across the state on schedule. Marylandalso used Federal stimulus program funds tomake significant upgrades to improve waterquality. However, due to rising labor costsover the last several years, the fund will gobankrupt by next year (2012), leaving three

of the states largest plants without fundingfor upgrades. The Administration recog-nized that the fund is not large enough, buthas thus far failed to seek the fee increase.The environmental community urges theGovernor to raise this much needed funding.

Septic Tank Restrictions: GOOD

We see only two types of septic tank systems:

failed and failing. This outdated technologyis not regulated for its impacts on waterquality, and yet development in rural areascontinues to rely on them. While the State isseeking to reduce pollution from all sources,nitrogen from septic systems is projected toincrease by more than a third. As an attemptto discourage sprawl development on septicsystems, the Governor in his 2011 State ofthe State address proposed a ban on septicsystems for large subdivisions and a require-ment of advanced technology for new systems

to reduce their pollution. While the GeneralAssembly failed to enact this legislation, weapplaud the Governor for creating a taskforce to address the problem of septic systems

Agricultural and Environmental Policies:

SHOWS PROMISE

Farming is part of Marylands history and adriving economic contribution in parts of thestate. Buying produce locally not only sup-ports the local economy, but reduces pollu-tion from transported food from other statesand countries. Yet farming also relies heavilyon nitrogen, phosphorous, and sediment,the three main polluters in the ChesapeakeBay and our waters. While farmers reducedpollution loads over the last decade, more

work needs to be done.The economics of farming have led to

larger and more concentrated farming oper-

ations, particularly poultry farmers locatedon the Eastern Shore, which pollute our

waters with their sizable amounts of wasteand by-products. In order to balance aprofitable farming and cleanup of theChesapeake Bay watershed, the MarylandDepartment of the Environment (MDE)implemented new guidelines regardingConcentrated Animal Feeding Operations

(CAFOs). The rules and guidelines promul-gated by MDE with significant input fromthe environmental community are clearerand more understandable, for the farmer. Itis hoped they will lead to cleaner water andfewer dead zones in the Bay.

To meet our pollution diet, the Depart-ment of Agriculture recently drafted chang-es to the nutrient application guidelines,such as buers, stream fencing, and thetiming of fertilizer application, all of whichthe environmental community sees as strong


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Climate Change: AClimate change remains the most serious concern facing Marylands future.

The inevitable sea level rise caused by global warming is a primary concern to

Maryland with over 3,100 miles of shoreline. The state will suffer serious

environmental, economic, and agricultural damage unless action is taken to

address the climate change. With the lack of action by the Federal Govern-

ment and the retrenchment by some of our neighboring states, Governor

OMalley has shown tremendous leadership in continuing Marylands efforts

to recognize and respond to climate change.

Greenhouse Gas Emissions Reduction

Act: GOOD

The 2009 passage of the Greenhouse GasEmissions Reduction Act, a priority for

the environmental community, madeMaryland a national leader in addressingclimate change. The Act requires the stateto reduce global warming pollution by 25

steps toward pollution reductions. While weare encouraged by these draft regulations,

we are concerned about the uncertaintyof their strength, due to the delay in theirintroduction at the time of this printing,the likelihood of their adoption, and theinability of the public to verify pollutionreductions from agricultural sources. Weunderstand the need to protect proprietaryinformation in the Nutrient ManagementPlans, but it is critical that all sectors beheld accountable. Additionally, to meet ourpollution diet the state must set new stan-dards for when fertilizers that contain phos-phorous can be applied to already saturatedsoils.

Stormwater Runoff: SHOWS PROMISE

Runo from urban areasparking lots, roof-tops, and roadsis a significant source ofpollution in our waters. It is the only sourceof pollution that has continued to rise overthe last decade. In 2007, Governor OMalleysigned the Stormwater Management Act,

which was a systematic attempt to controlruno from new development. Environ-mental advocates met with ocials at theDepartment of the Environment (MDE) toensure the regulations fully enforced thenew law. The final regulations did not meetevery need, but they were a significant stepforward and Maryland LCV accepted them.

However, some developers sought toweaken and delay the regulations duringthe 2010 General Assembly session. Whilethe regulations put forward by MDE were a

compromise, the environmental communityworked with the Administration to resistlegislation which would revise or delaythe regulations. The proposed legislation

would have undercut the first real eortby the State to address stormwater pollu-tion. A legislative committee amendedMDEs proposed regulations to allow thegrandfathering of certain projects alreadyin development only if they met a construc-tion deadline to qualify. More importantly,the requirements of developers to remedystormwater runo were not changed from

those proposed by MDE.While that battle is behind us, MDE is

already working on the next round. Largeurban areas are required to hold pollutionpermits under the Federal Clean Water Act.MDE is drafting a template permit thatcould be applied to most of the urban areasin the state. The environmental communityis eager to see a more progressive regulatoryeort than we saw in 2010, as well as adedicated source of revenue to reducestormwater pollution.


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Energy: B+Throughout Governor OMalleys tenure, energy has been one of the most

important issues faced by state government, as well as an area where

Maryland showed national leadership. Governor OMalley pursued a far-

sighted agenda on energy that balanced the needs of keeping the lights on

and making energy affordable. He also created incentives for future energy

innovations such as plug-in hybrid vehicles and diversified the energy

supply, both of which will protect our air and water. Governor OMalley

also responded to the challenge of the natural gas extraction process

known as hydro-fracturing or fracking by issuing an executive order

to establish a task force. In the 2011 General Assembly session, Governor

OMalley proposed a bill to provide financing to develop offshore wind

projects to provide the most significantly sized renewable energy project

in Maryland history.

below 2006 levels by year 2020. Since theU.S. Congress has failed to pass similarlegislation, it has been left to the states totake a leadership role in addressing climatechange.

Meeting the mandated reductions willrequire significant investments in cleanenergy, energy eciency upgrades, andpollution reduction. The act will spureconomic investment in renewable energyand energy ecient technologies, which willcreate good local jobs. This law representsMarylands attempt to address the rootcause of climate change, and will help tostem coastal sea level rise, as well to ensurehealthier air.

Climate Action Plan: GOOD

Under an executive order, GovernorOMalley created the Maryland Commissionon Climate Change consisting of repre-sentatives of the various stakeholdersaected by climate change to develop aclimate action plan. The composition of theworking groups, which drafted and releasedthe first phase of the plan in 2008 andthe most recent phase in January of 2011,ensured a voice from every aected party.The groundwork, ideas developed, andaggressive goals set in this comprehensiveplan were crucial for eventual passage ofthe Greenhouse Gas Emissions ReductionAct and will be critical for the passage ofadditional policies listed in the plan toaddress and adapt to climate change.

Regional Greenhouse Gas Initiative:GOOD

Governor OMalley continued Marylandsparticipation in the coalition of Northeaststates known as the Regional GreenhouseGas Initiative (RGGI) formed to reducegreenhouse gas emissions and establish acap and trade system for carbon pollutionallowances from large power plants. Theproceeds from the auction of carbonallowances are placed in the StrategicEnergy Investment Fund. We applaudGovernor OMalleys commitment to

RGGI, despite the withdrawal of two statesfrom the coalition (New Jersey and RhodeIsland). RGGI continues to be a model fora potential national cap and trade system,one way to raise capital for investmentsin clean energy.

Solar Energy Incentives and Net

Metering: GOOD

Maryland has been a leader in solar energydevelopment, and Governor OMalleycreated a specific dedicated allocationfor solar energy in the state RenewablePortfolio Standard (RPS), which requiresthat a percentage of the states energysupply come from renewable energy. Thiscarve-out in the RPS will increase solarenergy deployment both for commercialand residential applications. In the 2010General Assembly session, GovernorOMalley sponsored legislation to increase

the compliance penalty: this providesincentives for utilities to invest in solar

projects rather than pay fees. The MEA wasdiligent in its fight to pass this legislationdespite attempts to weaken it.

One of the ways to encourage job-creating small scale residential solar energyis through what is known as net metering.Under net metering, utilities pay customersfor any surplus energy generated by thecustomers renewable energy system. Thisincentive helps to pay for the installationof the renewable system. When the billmandating the net metering payments


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passed in the 2010 session it did not createthe proper incentive when implementedby the Public Service Commission. TheOMalley Administration sponsoredlegislation that passed in the 2011 sessionto correct the flaws of the earlier bill and

create a more robust market for renewables.An eective way to reduce overall

electricity demand is through solar waterheaters, a particular aspect of a householdsoverall electricity demand that can be metthrough solar energy. As an incentive toencourage homeowners to invest in solar

water heaters, the OMalley Administrationsponsored a bill in the 2011 Session toinclude these systems in the states Renew-able Portfolio Standard, making purchaserseligible for renewable energy tax credits.

Off-shore Wind: GOOD

Maryland will not meet its legally mandatedRPS goal in 2020, without large scale renew-able projects. Due to Marylands locationon the Atlantic coast, the most significantlysized renewable energy resource available is

oshore wind. Marylands geography limitsthe available sites for onshore wind andfor large solar energy generating facilities.Because oshore wind facilities are large,the capital costs for construction are high.The economic downturn caused banks andfinancial institutions to stop funding energygenerating facilities without a guaranteedrevenue stream. Therefore, GovernorOMalley in the 2011 session proposed a billto authorize the Public Service Commissionto require utilities to buy the electricity

provided by an oshore wind facilitythrough a purchase-power agreement. Tharrangement would provide the financialcertainty that the leading institutionsrequire to finance such a project.

The Administration is also workingto create an oshore wind industry inMaryland including not only constructionjobs, but a potential component manufacturer to supply oshore wind facilitiesexpected to be built along the Atlanticcoastline. Marylanders know that its worthe price of one cup of coee a month ($2to have cleaner air, less climate pollutionhealthier citizens, thousands of new jobs,and clean, domestic energy for Marylandfamilies. Oshore wind is the best deal foMarylands families over the long-term,oering stable prices and relief from everrising fossil fuel costs.

The bill was not enacted by the GeneraAssembly due to concerns regarding thecosts of the project and misconceptionsabout the purchase power agreementmechanism and the impact on consumerbills. The General Assembly scheduled asummer study to seek further informatioon these concerns. We applaud theGovernors leadership in proposing the biand the dedication of his administration itheir eorts to pass it.

Hydraulic Fracturing: GOOD

The multi-state natural gas reservoir knowas the Marcellus Shale area extends intoGarrett County, Maryland. This large

domestically available source of natural gaa very attractive energy supply since natugas has fewer emissions than other fossifuels. Out of state energy producers sougleases and drilling permits to access thissource, as happened in other states suchas Pennsylvania. However, the geologicproperties of this gas require an extractioprocess known as hydraulic fracking

whereby a combination of chemicals andwater are injected into the rock formationin order to release the natural gas. The reis that the mixture, along with the natur

gas, comes to the surface. Local residentand environmentalists raised serious quetions and concerns about the potentialdangers of the process and its impact onthe groundwater supplies. In other statethe extraction spoils of chemicals and contaminated water spilled, aecting streamrivers, and land.

Marylands current regulations for drilldo not adequately protect the environmefrom this drilling process. Given theproblems fracking appears to have caused


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in other states, during the 2011 legislativesession the environmental communitysupported a ban on drilling for two yearsto permit a full investigation of the methodand its eects. When the General Assemblydid not pass the bill for the ban, GovernorOMalley by executive order created a taskforce to examine all aspects of this processand its consequences on Marylands environ-ment. Until the task force finishes its work,MDE will not issue any drilling permitsfor this method of natural gas extraction.We will continue to insist that all concernsabout fracking be addressed before drillingpermits are issued by MDE. Additionally, weurge that permitting revenues be reservedfor water quality restoration.

Incentives for Waste to Energy

Facilities: FAILING

When Maryland adopted a RPS, legislatorscreated two tiers of requirements forvarious sources of renewable energy. Theydesignated wind (on and oshore), solar,geothermal, and some forms of bio-energy,as Tier 1 for new, clean, renewable sourcesthat qualify for the highest incentive forcommercialization. Tier 2 containedrenewable sources such as hydro and wasteto energy facilities (generally incinerators)which were renewable but were notnew sources nor as clean as Tier 1. Thissystem provided incentives for all sourcesof renewable energy but, gave a largerincentive to wind and solar. In the 2011General Assembly session, a bill proposed

to move waste to energy facilities from Tier2 to Tier 1, arguably to support a purposednew facility; however, the bill aectedall waste-to energy facilities. We opposedthe bill because it would undermine theoriginal intent and goals of the RPS lawto encourage clean energy generation andreduce incentives in the RPS for new, clean,renewable sources. Further, it was excessiveto extend the Tier 1 incentive to existingfacilities with contracts for their energyoutput. We asked Governor OMalley toveto the bill; unfortunately he decided to

sign it. This action is counter to Marylandsgoal of providing incentives for clean andrenewable sources of energy and will resultin a misrepresentation of achievement ofRPS goals.

EmPower Maryland: NEEDS

IMPROVEMENT

One of Governor OMalleys signatureachievements of his first term wasenactment of EmPower Maryland whichcommitted the state to reduce overall energy

usage and peak demand. Marylands EnergyAdministration (MEA) directs the stateseort to reduce energy usage working withgovernment, utilities, and business onenergy ecient programs and policies. Thestate succeeded in reducing peak demand,the most expensive electricity, and MEAutilized federal stimulus funds to completeenergy eciency projects.

A recent Maryland PIRG report discussedthe potential problem of the state fallingshort of the overall usage reduction goal inEmPower Maryland. This usage reduction isa more dicult achievement than the peakdemand reduction. The report pointed tothe Public Service Commission as a possibleimpediment to achieving the goal. TheCommission, as regulator of utilities, mustapprove all of utilities expenditures forenergy ecient activities. The PIRG reportsuggested the Commissions over-regulatoryapproach stifles incentives for utilities totry bold programs. While the Commissionis an independent entity, the Governor andhis sta should work with the Commissionalong with MEA to make appropriate adjust-ments to the regulatory process to helpMaryland meet the usage reduction goal.

Long Term Electricity Planning Report:

GOOD

Maryland does not have a long-termplan. During the 2010 General Assemblysession, the environmental communitysupported a bill to require the Public ServiceCommission to oversee the creation of astate energy plan that is consistent withall state environmental laws and to reviewproposals from energy companies withrespect to the state plan and environmentallaws. Such a plan would put Marylandon the path towards a clean, reliable andaordable energy future by endeavoring toensure that energy eciency and renewableenergy are on a level playing field withdirty energy such as fossil fuel power plantsand new transmission lines. This processenvisioned outreach and consultation withall stakeholders. When the bill did not passthe General Assembly, Governor OMalleyissued an executive order requesting theDepartment of Natural Resources, inconjunction with state agencies, utilityindustry, public interest, business andenvironmental groups, prepare a report onthe long term electricity needs of Marylandby December of 2011.


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Smart Growth: ASprawling development harms not only the environment, but economic

stability and quality of life as well. Despite over ten years of concerted efforts

under Marylands Smart Growth Program, development continues to consume

forest and farmland at a staggering rate. Maryland is on track to lose a third

of our remaining open spaceroughly 560,000 acresover the next thirty

years. Despite the budget crises, Governor OMalley has wisely continued to

invest in the acquisition of land by the Board of Public Works under Program

Open Space, and directed growth back to our communities and towns.

We urge reforms in how we grow in our rural lands to ensure a sustainable

future for Maryland.

Curbing Rural Sprawl: SHOWS PROMISE

Smart growth is no easy task, and theGovernors legislative eorts over the lastfew years demonstrated the complexity ofthe issues involved. The Governor success-fully established a state growth commission,to expand and update the states visionsfor growth, require zoning exceptions tofollow the local comprehensive plan, andcreate a set of indicators for how we aregrowing. However, the Governor blockedenvironmentalists eorts to require clear,measurable criteria for local planning tohold local governments accountable fortheir decisions. This past legislative session,as mentioned in the water section of thisreport, the Governor took up the issueof smart growth once more. Since septictanks are a significant catalyst to sprawl, hisleadership on this bill was a critical step topreserving rural lands.

Revitalization Funding:GOOD

Despite the pressure of the fiscalcrisis on state revenues, the OMalley

Administration wisely retained a numberof tax credits and funding programsdirected at revitalization eorts. Theserevitalization tools are a critical part ofSmart Growths strategy of making alreadydeveloped cities and towns attractive fordevelopment. The revitalization tools alsopermit the rehabilitation of buildings,rather than the tearing down of existingstructures to construct new facilities.The OMalley Administration also soughtlegislation in 2010 to better integrateand manage Marylands revitalizationfunding programs, including theHistoric Tax Credit, the Maryland MainStreet program, and the CommunityLegacy Program, to better supportredevelopment.

Base Realignment and Closure

(BRAC) Zones and Transit Oriented

Development: GOOD

The OMalley Administration targeted twkey growth areas, neighborhoods servedby transit and communities that will seepopulation growth from the Base Realignment and Closure Act (BRAC). The admiistration passed two important bills tosupport transit oriented development, onthat allows the Department of Transpor-tation to invest in neighborhoods aroundtransit stops, and one that allows specialtaxing authority for local governments toencourage that growth. Under the leadership of Lieutenant Governor AnthonyBrown, the administration is also workinghard to steer new residents moving here

with BRAC into Smart Growth areasreferred to as BRAC Zones. The OMalley

Administration should keep pressure on tfederal government to provide funds tosupport the infrastructure needs as a resuof BRAC growth and to drive this growthinto areas best suited to accommodate it.

PlanMaryland: SHOWS PROMISE

Governor OMalley and the MarylandDepartment of Planning recently put fortthe state development plan, referred to asPlanMaryland. The plan aims to provideMaryland with a comprehensive policydocument to guide both State and localdecisions. The environmental communitystrongly supports this eort to align stateagency goals with each other and to focuson a common future. It is hoped that thisdocument will give more clarity to localgovernments about which actions will

be supported by the State and which willnot. PlanMaryland, hopefully, will be aninvaluable resource for local jurisdictionsto avoid conflicts with state goals and thoof neighboring jurisdictions. However,some critical changes must be made to thplan to ensure it will make a dierencefor Marylands future. We hope to be ableto work with the Governor and PlanningSecretary Richard Hall to develop thespecifics of PlanMaryland including goalsand ways to measure progress.


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Transportation: ATransportation decisions impact our economy, environment, and the ability

of Marylanders to get to work. Marylands gridlock and lack of transportation

alternatives hurts everyone and hurts the environment, whether by sediment

runoff from road construction or exhaust emissions from tailpipes. We must

spend our transportation dollars more wisely to repair current infrastructure

and then invest the balance strategically on projects with high return, both for

residents and for the environment. Governor OMalley took meaningful steps

towards a twenty-first century transportation system, equalizing investments

in transit and highways, promoting greener transportation infrastructure, and

supporting better analysis of how transportation dollars are spent. But more

must be done to make new transit projects a reality.

Transportation Investments: SHOWS

PROMISE

Governor OMalley invested in existing infra-structure and transit systems, and earnednational praise for spending stimulus funds tomake much-needed repairs and improvementsat transit stops. The administration also sup-ported a law enacted during the 2010 GeneralAssembly session that sets criteria to ensurethat transportation funds are spent in a waythat is best for the environment and localcommunities. But the Department of Trans-portation did not fully implement the new law,and much work needs to be done to ensurethe state is investing wisely and not continuing

the same funding strategies that created thecongested, high cost transportation system wehave today. Also, impact on existing naturalresources must be an integral part of thedecision making process for any proposedtransportation project in Maryland. Two suchproposals, the Cross County Connector inCharles County and the Westphalia TownCenter in Prince Georges County are primeexamples. As planned, the Cross CountyConnector would adversely impact key partsof the Mattawoman watershed, and the West-

phalia Project would demand multiple newinterchanges be built on existing open space

along Route 4. Neither project should beallowed to proceed as planned.

Plug-In and Electric Vehicles:GOOD

The next generation of automobiles will

use a propulsions system that will notrely on gasoline. Electric vehicles, suchas Plug-In hybrid vehicles that run on adedicated electric charge before resorting toa gasoline engine, are entering the Marylandmarket. Governor OMalley supported thenational eort to encourage commercialdevelopment of these vehicles and proposeda number of incentives such as a state taxcredit for purchase that enhances the federatax credit. He proposed tax credits and othersupport for the infrastructure improvementof electronic charging stations around thestate and requested the General Assemblyto create a council made up of government,businesses and public sector groups todevelop a plan to support development ofthese vehicles in Maryland. These vehiclesnot only reduce the need for imported oilbut the emission reductions from vehicles

will make the air healthier in the Baltimore-Washington metropolitan area.

Red Line and Purple Line: GOOD

Despite the challenge of constructing signi-ficant mass transit projects, the Governorcontinued to push for the Red Line inBaltimore and the Purple Line extension ofthe Washington Metro system. Both of theseprojects will make existing transit systems,the Baltimore Metro and the Washington,D.C. Metro system, more eective andavailable to a greater number of riders, thuseliminating cars from the roads. The Depart-ment of Transportation worked with localgovernments and stakeholders aected along

the routes of these projects to ensure the bestpossible outcome for residents, commuters,and the environment. We support theGovernors eort to seek federal funding forcompletion of these two projects.


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Fisheries and Wildlife: AThe Governor took aggressive action since taking office to preserve and

restore native Maryland fish and wildlife. He avoids short cut proposals

likely to do harm such as introducing foreign species, but instead sought

cooperation from our Chesapeake Bay neighbors in Virginia. Joint actions

by the two states addressed both oyster and blue crab restorations. While

taking action to restrict harvesting an endangered bay species, he also

provided assistance to people who work on the water. His efforts sought

to balance the need to take action to protect the long term survival of the

species and local jobs.

Oyster Restoration:GOOD

Governor OMalley wisely avoided theperceived quick fix for oysters, which wouldhave caused more harm, when he prohibitedthe introduction of Asian oysters in theBay. He did seek to reach agreements withthen Virginia Governor Tim Kaine on jointstrategies between the states most recently

aected by the Bay on eorts to restoreoyster populations. The Governor convincedthe General Assembly to enact law torestrict oyster harvest to allow the speciesto replenish itself. In order to take pressureo of natural oyster systems, he helped todevelop an oyster aquaculture inventory inMaryland.

Blue Crab Restoration:GOOD

Governor OMalley reached an agreementwith Virginia ocials to impose restrictionson harvesting female crabs. In order to

maintain the livelihoods of watermen,Maryland paid them to remove abandonedcrab pots from the Bay. This action providedboth needed revenue to watermen and theirfamilies and provided an important serviceto the crab population. The concerted eortsby state government and participating water-men have shown results: a recent study ofthe crab population shows that crabs haveincreased in numbers by 60% from last year.The crab population is at its highest level inthirteen years.

Rockfish Poaching Enforcement:GOOD

The Department of Natural Resources(DNR) under the leadership of SecretaryGrin and DNR Natural Resources PoliceChief George Johnson conducted recentenforcement actions against rockfishpoachers. Fishermen illegally caughtmassive numbers of rockfish in nets left indisguised locations in violation of the catch

limits, season restrictions, and harvestingmethods. The intent of these poachers isto sell the rockfish to commercial establiments. These actions caused harm to thespecies, and stopping these illegal actionone of the success stories of Marylands firestoration eorts. The Governor signedlegislation to significantly increase thepenalties for these illegal activities.


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Administration andAppointments: B+In our 20072008 report card, we noted the Governor OMalley brought an

environmental ethic to his administration of state government. We are

pleased that he and his staff maintained their environmental ethic despite

the pressures of governing in difficult financial times. In the face of environ-

mental rollbacks from economic distress, Governor OMalley forcefully

argued that environmental quality and economic prosperity can exist

together. The environmental community found members of Governor

OMalleys staff and cabinet readily accessible and sought input on policy

and programs.

Cabinet Appointments:GOOD

As of the date of this report card, some ofthe ocials remain: John Grin, Secretaryof Natural Resources; Richard Hall, Secre-tary of Planning; Malcolm Woolf, Directorof the Maryland Energy Administration; andMargaret McHale, Chair of the CriticalAreas Commission. We continue to regardthese individuals as high-minded, dedicatedpublic ocials who demonstrate the Gover-nors environmental ethic. Secretary Grinoversaw progress on restoration of a numberof species in the Chesapeake Bay, particu-larly the blue crab. Secretary Hall worked tobring Smart Growth back as an eective toolof state government. Director Woolf imple-mented the states plan to increase energyeciency activities under EmPower

Maryland with RGGI and federal stimulusfunds. He also led Governor OMalleys pushfor renewable energy including oshore wind.Chair McHale worked to see that countiesabide by the provision of the Critical AreasAct and used the Act to enforce complianceby developers who in the past ignored itsprovisions.

Some members of the Governors cabinethave left, but we are pleased that the ocialsappointed to replace them have been of highquality. The Department of TransportationSecretary, John Porcari, joined President

Obamas Administration. His replacement,Beverly Swain-Staley, continued the Depart-ments transformation from a highwayagency to one that embraces all modes oftransportation including mass transit. Sheworked to apply the principles of SmartGrowth and environmental sustainability totransportation policy. Maryland Secretary ofthe Environment Shari Wilson departed atthe end of the Governors first term, andGovernor OMalley appointed long-timeMDE ocial and Deputy Secretary Robert

Summers. The environmental communitypublicly urged Mr. Summers appointmentto one of the most critical positions for theenvironment in state government.

Public Service CommissionAppointments: GOOD

In Maryland, the Public Service Commissionserves as an independent agency withsignificant authority over our energy future.In August of 2011, Governor OMalleyappointed Kevin Hughes and Kelly Speakes-Backman to replace two outgoing membersof the commission, significantly addingclean energy policy expertise to this criticalpanel of decision makers. In various publicpolicy roles, Kevin Hughes served underthe Glendening, Schaefer, and the OMalley

Administration. As the Governors DeputyLegislative Ocer since 2007, he focusedon several issues including energy policy.Kelly Speakes-Backman spent 20 yearsin the private sector, working in energy,sustainability, renewable energy, andenvironmental business strategies across thenation. Most recently, Speakes-Backmanserved as the Clean Energy Director at theMaryland Energy Administration.

Enforcement: SHOWS PROMISE

Despite the chronic problem of under-

stang at the states environmental agencies,Governor OMalley made enforcement atop priority. The environmental communitylong supported eorts by the state toenforce existing state pollution laws underthe policy that polluters should pay for thedamage inflicted on the environment and asa strong deterrent to future violations. It isnot fair to businesses that abide by our stateenvironmental laws to allow competitors togain advantage by violating laws because theyperceive lax enforcement.

On a frequent basis, the MarylandDepartment of the Environment releasesinformation about companies and indivi-duals who are being pursued for non-compliance with the states environmentallaws. These violations range from negligentlandlords who are putting children at risk

with lead paint to companies that are chargedwith illegally transporting hazardous waste,and finally power companies who violate airquality requirements. We note that MDEpursued firms violating wetland regulationsas well as individuals and contractors notadhering to their water and sediment permitguidelines. Despite some opposition, MDEhas not shied away from taking on pollutersfor violating state environmental laws.While current enforcement is stronger thanprevious administrations, improvementsneed to be made. The Maryland Departmentof the Environment continues to grantpermits too easily, issue waivers and vari-ances without thorough review, and fails toupdate past permits as required by law. Theenvironmental community is frustrated bythe slow implementation of these changes.

Environmental Education: GOOD

Governor OMalley is a leader inenvironmental education opportunities.He continues to support RepresentativeSarbanes federal legislation, the No ChildLeft Inside Act, to provide grants to statesthat establish environmental literacy plans.Maryland enacted legislation that requiresthe state Department of Education to

establish an environmental curriculum inschools. With input from the environmentalcommunity, the Governor and State Boardof Education adopted a comprehensiveenvironmental curriculum for schools. Thiseducation eort will enlighten Marylandsstudents of their unique environment butalso the challenges of protecting it.


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Budget

The Washington Post, January 19, 2010: OMalley

Plans Cuts to Almost Everything But Schools

WAMU, March 18, 2011: Maryland News Round Up

The Gazette, April 2, 2010: Little About to Crow

for Dems

The Baltimore Sun, April 12, 2010: Mixed Greensas Legislative Session Draws to a Close

The Washington Post, April 15, 2011: Climate Bill to

Cost Average Consumer $175 a Year: CBO

The Gazette, April 29, 2011: Report: Bay Plan

Would Cost $10B

Maryland General Assembly:

http://mlis.state.md.us/2011rs/billfile/HB0070.htm

http://mlis.state.md.us/2011rs/billfile/SB0087.htm

The Oce of Martin OMalley:

http://www.gov.state.md.us/pressreleases/110121b.

asp

Water Quality

The Baltimore Sun, January 26, 2010: Storm Over

Storm Water

The Capital, March 25, 2010: Pollution Battle

Reaches a Boil

The Gazette, December 17, 2010: In a Recession,

Its Not Easy Being GreenThe Bay Journal, January/February 2011: EPA, in

Announcing New TMDL, says It Will Finally

Clean up the Chesapeake Bay

Chesapeake Bay Foundation:

http://www.cbf.org/Page.aspx?pid=1547

Bay Net http://www.thebaynet.com/news/util_files/

util_printstory.cfm/story_ID/15266/storytype/

textarticle

Maryland Board of Works:

http://www.bpw.state.md.us/static_files/

meetings/3-24-2010.pdf

Maryland Department of Natural Resources:

http://www.dnr.state.md.us/criticalarea/

National Academy of Sciences:

http://www8.nationalacademies.org/onpinews/

newsitem.aspx?RecordID=13131

Climate ChangeThe Baltimore Sun, October 12, 2010: OMalley

Meets With EDF Ocials to Keep Calvert Cli

Projects Alive

Commission on Climate Change:

http://www.mdclimatechange.us/

Environment America:

http://www.environmentamerica.org/uploads/c6

cc/c6cc71242c25b051b30bc68f0d1038ee/Too

Much-Pollution-AME.pdf

Environment Maryland:

http://www.environmentmaryland.org/newsroom

global-warming/global-warming-campaign-

news/northeast-emissions-plan-helps-maryla

shift-to-clean-energy-and-avoid-fossil-fuel-

pollution#id-5pVVNrjhZMTSdAkGzjdS

Get Solar:

http://www.getsolar.com/blog/marylands-new-

energy-bills-boost-solar/6817/


http://mlis.state.md.us/2009rs/billfile/hb0315.h

http://mlis.state.md.us/2009rs/billfile/sb0278.h

Oce of Governor OMalley:

http://www.governor.maryland.gov/pressreleases

100608.asp

http://www.gov.state.md.us/pressreleases/090123

U.S. Metro Economies:

http://www.usmayors.org/pressreleases/uploads/

GreenJobsReport.pdf

Energy

The Gazette, December 17, 2010: In a Recession

Its Not Easy Being Green

The Capital, January 15, 2011: Lawmakers to De

With Bay, Budget, Bags in 2011 Session

The Gazette, March 18, 2011: Shifting Winds

Despite Lowered Cost Estimates, Price Tag

Could Sink OMalley Energy Plan

The Washington Post, March 3, 2011: Big Push f

Wind Power

The Washington Post, April 17, 2011: Even Liber

Maryland Comes up Short on Wind Power an

Clean Energy

City Paper, June 1, 2011: The Eternal Flame Wa

Incinerators Win the Political Debate Again

The Washington Post, May 17, 2011: OMalley Pl

to Elevate Status of Trash-Burning as Source

Energy

Catching the Wind: Harnessing the Potential of

Oshore Wind Power to Clean Our Air and Crea

Jobs in Maryland, a publication of Environmen

Maryland

References


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http://mlis.state.md.us/2010rs/billfile/sb0277.htm

http://mlis.state.md.us/2010rs/billfile/hb0471.htm















Smart Growth

The Baltimore Sun, July 28, 2010: Ehrlich Trumpets

Chesapeake Bay Restoration Act

The Gazette, December 17, 2010: In a Recession,

Its Not Easy Being Green

Maryland Reporter, April 4, 2009: State Falling

Behind Land Perseveration Goals as Funding

Falls

The Baltimore Sun, August 8, 2011: OMalleys

Septic Plan is Crucial for the Chesapeake Bay

The Baltimore Sun, January 6, 2011: Why Smart

Growth Falls Short

The Washington Post,April 8, 2011: Forum ExploresOutlook for Smart Growth in Prince Georges




Maryland Department of Planning:

http://planning.maryland.gov/OurWork/landuse.

shtml

Transportation

The Baltimore Sun, September 28, 2010: Neither

OMalley nor Ehrlich Cares about MARC

The Gazette, February 25, 2010: Enviros Push

Transportation Bill

The Washington Post, April 29, 2011: Governor

Martin OMalley Pushes for More Transportation

Funds in Maryland

Friends of Maryland:

http://friendsofmd.org/take-action/growth-and-

transportation/session-updates-and-action




The Oce of Martin OMalley:

http://www.gov.state.md.us/pressreleases/090506.

asp

Smart Green & Growing:http://www.green.maryland.gov/transit.html

Fisheries and Wildlife

The Calvert Recorder, January 29, 2010: Oystermen

Decay Plan

The Baltimore Sun, November 15, 2010:

Eliminating the Foul in Fowl

The Washington Post, April 29, 2011: Unlike Blue

Crabs, Chesapeake Oysters Fail to Rebound

The Baltimore Sun, December 4, 2009: OMalley

Plans to Limit Oyster Harvest

WBAL TV, April 14, 2010: Blue Crab Population

Up 60 PercentThe Washington Post, December 4, 2009: Md. Plans

Expanded Oyster Population

The Washington Post, April 29, 2011: OMalley

touts Blue Crab Estimate




Administration and Appointments

The Baltimore Sun, July 29, 2010: Ehrlich, OMalley

Spar over State Environmental Issues

The Gazette, November 25, 2010: Three Cabinet

Members Leave OMalley Camp

The Capital, January 8, 2011: OMalley May Merge

Environmental Agencies

The Gazette, April 1, 2011: OMalley

Administration Steps Up Eorts to Pass Agenda

The Gazette, April 15, 2011: Stalled OMalley

Agenda Items Dont Signal Failure, Some

Political Observers Say

Bay Stat:

http://www.baystat.maryland.gov/




Maryland Smart Green and Growing:http://www.green.maryland.gov/


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Documents

Governor's Report Card 2011