5^th Annual Summit for Climate and Environment – �Day 2

Sponsored by:

Sierra Club, Lower Eastern Shore Group

Maryland Legislative Coalition

ShoreRivers

Agenda

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Opening Remarks – Susan Olsen, Sierra Club, Maryland Chapter

Moderator Welcome – Matt Pluta, Shore Rivers

Equity Discussion - Shruti Bhatnagar

Legislator Overview of 2024 Environmental Legislation –

Delegate Sara Love

Delegate Lorig Charkoudian

Delegate Sheila Ruth

Senator Sarah Elfreth

Delegate Mary Lehman

Delegate Jen Terrasa

Delegate Terri Hill

Delegate Lily Qi

Senator Johnny Mautz

Question and Answer

Wrap Up and Closing Remarks – Susan Olsen

Agenda

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Opening Remarks – Susan Olsen, Sierra Club, Maryland Chapter

Moderator Welcome – Matt Pluta, Shore Rivers

Equity Discussion - Shruti Bhatnagar

Legislator Overview of 2024 Environmental Legislation –

Delegate Sara Love

Delegate Lorig Charkoudian

Delegate Sheila Ruth

Senator Sarah Elfreth

Delegate Mary Lehman

Delegate Jen Terrasa

Delegate Terri Hill

Delegate Lily Qi

Senator Johnny Mautz

Question and Answer

Wrap Up and Closing Remarks – Susan Olsen

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CLEAN WATER JUSTICE ACT

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Delegate Sara Love - District 16

Environment and Transportation Committee

sara.love@house.state.md.us

Robin Broder

Waterkeepers Chesapeake

robin@waterkeeperschesapeake.org

CLEAN WATER JUSTICE ACT

• The Clean Water Justice Act restores rights lost under the U.S. Supreme Court’s decision in Sackett v EPA by bringing the federal Clean Water Act's public enforcement capabilities to the state.
• The Sackett decision dramatically reduced the scope of federal Clean Water Act (CWA) jurisdiction.
• Countless wetlands and streams that used to be subject to federal protections are now left to the states to protect - or not.
• The public lost a critical environmental right to bring suit in federal court to enforce the Clean Water Act for harm to the wetlands and streams that lost CWA protection. These wetlands and streams still have protections under Maryland law.

• The primary function of the bill is the creation of a cause of action allowing the public to sue in Maryland Court to stop illegal pollution or compel an agency to act on a nondiscretionary duty (the “citizen suit” provision under federal law).
• The bill pairs the new cause of action with expanded standing to be consistent with federal constitutional standing.
• The bill includes the Natural Resources Article (Critical Areas and Forest Conservation Act), and 3 Titles of the Environment Article that pertain to water quality.
• The bill does not create a right of judicial review of final agency actions.

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UTILITY TRANSPARENCY AND ACCOUNTABILITY ACT OF 2024

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Delegate Lorig Charkoudian

Economic Matters Committee

lorig.charkoudian@house.state.md.us

UTILITY TRANSPARENCY AND ACCOUNTABILITY ACT OF 2024

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Public Record of PJM Votes

Requires that any electric utility that is a member of a Regional Transmission Organization (RTO) disclose to the Maryland Public Service Commission any recorded vote they make within that organization, regardless if such disclosure is required by the RTO itself.

Prohibition of Ratepayer Funds for Utility Lobbying

Institutes stronger policies to prevent utilities from recovering costs for trade association dues, travel, gifts, etc. from ratepayers and increases reporting of when these policies are breached.

Maryland Utilities Part of an RTO

Requires each Maryland electric company to be part of a Regional Transmission Organization. Having Maryland utilities as part of an independent regional entity overseeing the grid provides efficiencies that benefit Maryland consumers.

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FOOD WASTE AND SOLID WASTE REDUCTION

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Delegate Lorig Charkoudian

Economic Matters Committee

lorig.charkoudian@house.state.md.us

FOOD WASTE AND SOLID WASTE REDUCTION

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Creating grant programs supporting food waste reduction

• On–Farm Organic Diversion and Composting Grant Program: farm composting, food waste prevention, and food rescue projects.
• Food Waste Reduction and Diversion Grants Program: infrastructure, programming, and education focused on reducing, rescuing, and diverting food waste in the state.
• Circular Economy Incentive Program: develop methods for upcycling and remanufacturing materials in the state that would otherwise be disposed of

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Authorize MDE to fund them using

• Reduce, Recycle, Remanufacture Fund
• Tipping Fee: allows MDE to establish a statewide solid waste disposal surcharge on the final disposal of solid waste in the state. Counties may follow suit and develop their own tipping fees.
• federal or private grant funding obtained by the department
• money appropriated in the state budget to the fund;
• interest earnings

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WORKING FOR ACCESSIBLE RENEWABLE MARYLAND THERMAL HEAT ACT (WARMTH ACT)

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Delegate Lorig Charkoudian - District 20

Economic Matters Committee

lorig.charkoudian@house.state.md.us

The WARMTH Act

Working for Accessible Renewable Maryland Thermal Heat Act

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The Bill provides an opportunity to pilot networked geothermal systems in Maryland. This legislation is a strategic investment in the future of Maryland and has several benefits:

• Strategic Use of IRA Funds
• Electrify Everything as Efficiently as Possible
• Ground Source Heat Pumps Efficiency Avoids Costs to Upgrade the Grid
• Utility Implementation
• Ensure good jobs for people currently working on gas distribution system

Networked Geothermal: A system of pipes filled with water beneath the earth where temperatures are constant at about 55℉. These pipes connect to heat pumps above ground to provide heating and cooling to a whole community at once

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WILDLIFE HIGHWAY CROSSINGS

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Delegate Sheila Ruth - District 44B

Environment and Transportation Committee

sheila.ruth@house.state.md.us

Michael Wilpers

Sierra Club

wilpersm@gmail.com

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WILDLIFE HIGHWAY CROSSINGS

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• Our roads and highways divide habitats and force wildlife to make dangerous crossings, harming rare species (like turtles) and causing dangerous and costly deer-vehicle collisions
• The average insurance claim for a deer-vehicle collision is $6300, and there are an estimated 30-35K collisions per year in MD, with an estimated cost of $180-220 million annually for the insurance claims alone
• States across the country are creating wildlife crossings over and under roadways to protect threatened and endangered species and reduce wildlife-vehicle collisions

• The bill creates a special fund, provides policy solutions, and requires some easy-to-implement steps, such as retrofitting culverts when they are repaired or replaced to allow for small animal passage
• Federal funding may be available under the IIJA. The bill also institutes a $10 fee per auto per year on auto insurance, which should save money in the long run
• Senator Karen Lewis Young is sponsoring in the Senate

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AGRICULTURE -POLLINATOR HABITAT PLAN - REQUIREMENTS FOR

STATE HIGHWAY ADMINISTRATION

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Delegate Sheila Ruth - District 44B

Environment and Transportation Committee

sheila.ruth@house.state.md.us

Michael Wilpers

Sierra Club

wilpersm@gmail.com

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AGRICULTURE -POLLINATOR HABITAT PLAN - REQUIREMENTS FOR SHA

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• Pollinator populations are declining due to habitat loss and pesticide use.
• All fruit and vegetable crops require insect pollination
• A 3-year SHA study in Frederick and Carroll Counties showed that managing roadways for pollinators significantly increased floral diversity and bee abundance and attracted six bee species never recorded there before
• SHA developed a pollinator habitat plan and is taking steps to expand pollinator habitat, but a larger scale effort is needed
• This bill was developed together with SHA and empowers them to create more pollinator habitats along state roads
• A similar bill passed the House in 2023 but didn't get a Senate vote.
• With Senator Kathy Klausmeier as Senate sponsor this session, we are optimistic about prospects for passage

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RETAIL SERVICE STATIONS – PROPERTY TAX CREDIT FOR SERVICE STATION CONVERSION

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Delegate Sheila Ruth - District 44B

Environment and Transportation Committee

sheila.ruth@house.state.md.us

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RETAIL SERVICE STATIONS - PROPERTY TAX CREDIT FOR SERVICE STATION CONVERSION

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• There is a cost to converting gas stations to other uses due to the underground storage tanks and environmental remediation needed.
• Because of this, some gas stations remain abandoned long after they close, impacting quality of life and property values, and preventing other uses that could benefit the community
• As the market for gas declines due to EV's and more fuel efficient cars, more gas stations are likely to close
• This bill authorizes local jurisdictions to enact a property tax credit for converting gas stations to other land uses to help remediate the cost
• The bill provides a 50% state match
• The local jurisdiction determines the specifics such as criteria and amount
• Dollar stores and self-storage facilities are not eligible for the credit
• Senator Ben Brooks is the Senate sponsor

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SINGLE USE WATER BOTTLES AND WATER REFILL STATIONS

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Delegate Sheila Ruth - District 44B

Environment and Transportation Committee

sheila.ruth@house.state.md.us

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SINGLE USE WATER BOTTLES AND WATER REFILL STATIONS

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• The Minderoo-Monaco Commission on Plastics and Human Health report in March, 2023 showed how plastics cause “significant harm to human health, the environment and the economy” throughout their lifecycle
• Plastics can leach toxic chemicals and break down into micro- and nano-plastics, which can now be found everywhere on earth
• Only 9% of plastics are recycled, but even recycling has an environmental impact
• We must do more to reduce unnecessary plastics at the front end
• This bill requires water bottle refill stations in all new construction for buildings which are already required by the plumbing code to install water fountains
• It also requires state agencies and universities to report on purchases of single-use water bottles and develop a plan to reduce purchases
• Based on bills passed in Illinois and Washington

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WHOLE WATERSHED PROTECTION ACT

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Senator Sarah Elfreth - District 30

Budget and Taxation Committee

sarah.elfreth@senate.state.md.us

Matt Stegman

Chesapeake Bay Foundation

mstegman@cbf.org

WHOLE WATERSHED PROTECTION ACT

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• $20M in prioritized State funding toward 5 whole watershed restoration projects over 5 years
• Focus on the hottest watersheds and opportunities for most significant impact
• Requirement of multiple co-benefits to support the health of the whole watershed & community
• State Management Team consisting of multiple State agencies, local experts, and more to select projects, monitor and support progress, and expedite the permitting process
• New certification for developers & contractors who complete restoration projects to ensure quality

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ROOFTOP SOLAR

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Senator Sarah Elfreth - District 30

Budget and Taxation Committee

sarah.elfreth@senate.state.md.us

ROOFTOP SOLAR

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• Adds protections from unreasonable limitations on the installation and capacity of rooftop solar
• Promotes the involvement of community associations in rooftop solar projects

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BEST IN SHOW - INCENTIVIZING MULTIPLE BMPs ON AGRICULTURAL LAND

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Senator Sarah Elfreth - District 30

Budget and Taxation Committee

sarah.elfreth@senate.state.md.us

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BEST IN SHOW - INCENTIVIZING MULTIPLE BMPs ON AGRICULTURAL LAND

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• Incentivizes multiple best management practices (BMPs) on agricultural land by prioritizing State funds to address multiple BMPs per project
• The Maryland Department of Agriculture (MDA) will administer the program and disperse funding based upon project applications as part of the farm’s ongoing conservation plan, with technical assistance provided by MDA, the Department of Natural Resources (DNR) and the Maryland Department of the Environment (MDE).

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COAL ASH DISPOSAL

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Delegate Mary Lehman - District 21

Environment and Transportation Committee

Mary.Lehman@house.state.md.us

Betsy Nicholas

Potomac Riverkeepers

betsy@prknetwork.org

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COAL ASH DISPOSAL

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Coal-fired power plants are closed and closing throughout the state and the utilities are planning to leave all of their pollution in place and leaking into surface and groundwater. The bill will:

• Require utilities to identify all of their onsite and off-site coal ash disposal sites
• Identify known and potential leaks of contamination to ground and surface water
• Develop and submit closure plans for this coal ash storage sites with extraction of contamination to either: a double-lined landfill or recycling for encapsulated beneficial reuse -- into concrete so that the hazardous chemicals are bound
• Prioritize encapsulated beneficial reuse of coal ash for development of concrete
• Pay a fee to cover administrative costs of managing and permitting removal of this waste
• Create a community advisory and oversight committee in impacted communities
• Prioritize hiring of local community members for these clean up plans

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SYNTHETIC TURF – CHAIN OF CUSTODY

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Delegate Mary Lehman - District 21

Environment and Transportation Committee

Mary.Lehman@house.state.md.us

Diana Conway

Safe and Healthy Playing Fields

dianaconway@outlook.com

SYNTHETIC TURF - CHAIN OF CUSTODY

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• Synthetic turf, also called artificial turf, is a plastic tufted carpet that is intended to look like grass and is primarily used as a playing field. Infill is poured on top of turf to hold the blades in place, weighs down turf so it doesn’t develop wrinkles or buckle, and acts as cushioning. Infill is most often made of shredded or granulated tire, rubber, or silica sand.

• An average field is 80,000 square feet, comprised of 40,000 pounds of mixed plastic turf and 400,000 pounds of infill. The infill equates in volume to 400 cubic yards and would almost fill fourteen 30-cubic-yard dumpsters!

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• In 2021, Martha Ainsworth, of the Sierra Club, and her staff identified over 300 synthetic turf fields in Maryland. More fields are installed every year.

SYNTHETIC TURF - CHAIN OF CUSTODY

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• This bill requires manufacturers, producers and owners to report tracking information to the MD Dept. of Environment (MDE) for publication on its website.

• The bill will require reporting to MDE about where fields currently exist in MD and where they go when they are moved for reuse, recycling, repurposing or final disposal.

• By finding out where these fields are now and where they go at the end of their lives, there will be transparency and awareness that will lead to increased opportunities for reuse, recycling, repurposing and responsible disposal.

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STATE BUILDINGS AND STATE HIGHWAYS – COLLECTION OF YARD WASTE

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Delegate Mary Lehman - District 21

Environment and Transportation Committee

Mary.Lehman@house.state.md.us

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STATE BUILDINGS AND STATE HIGHWAYS - COLLECTION OF YARD WASTE

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• Prohibits the disposal of yard waste collected on the grounds of a state buildings or state highways in plastic bags, and instead, either using compostable bags or leaving the waste to decompose in place.

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• “State buildings” include buildings that are owned or leased by the state, including, but not limited to educational buildings, public mass transportation terminals and stations; and parks and recreation centers.

• “Yard waste” includes leaves, garden waste, lawn cuttings, weeds, and prunings.

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WOOD VAULT – PILOT PROGRAM

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Delegate Mary Lehman - District 21

Environment and Transportation Committee

Mary.Lehman@house.state.md.us

Prof. Ning Zeng

Univ. of MD, Dept. of Atmospheric & Oceanic Science and Earth System Science Interdisciplinary Center

zeng@umd.edu

Harry Huntley

Environmental Policy Innovation Center (EPIC)

hhuntley@policyinnovation.org

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WOOD VAULT - PILOT PROGRAM

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• A Wood Vault is an engineered structure that buries [1] woody biomass underground below the active biological layer to ensure anoxic conditions to prevent or slow down decomposition, which results in permanent carbon sequestration. The woody biomass must be:
• vegetation without toxic chemicals or any other contaminants;
• and sourced from unmerchantable wood residuals that would otherwise be mulched, burned, or release embedded carbon into the atmosphere within less than 5 years.
• A low cost and easily scalable way to remove atmospheric CO2 to fight climate change
• The bill will be a 5 year Pilot Program
• Built on the Dept. of Agricultural easements or Dept. of Natural Resources Environmental Trust easements
• The first one has been built in Cecil County by the Univ. of MD’s Carbon Lockdown Project

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PLASTIC PRODUCTS POST-CONSUMER RECYCLED CONTENT - HB0168

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Delegate Jen Terrasa - District 13

Environment and Transportation Committee

jen.terrasa@house.state.md.us

Martha Ainsworth

Sierra Club

martha.ainsworth@mdsierra.org

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PLASTIC PRODUCTS POST-CONSUMER RECYCLED CONTENT

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What the bill does:

• Establishes the Post-consumer Recycled (PCR) Content Program, to be administered by MDE’s Office of Recycling
• Requires producers of certain plastic containers that are sold, offered for sale, or distributed in the State to meet minimum post-consumer recycled content requirements for affected products

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Goals and objectives:

• Replace virgin plastic with recycled content, reducing wasted plastic in landfills, GHG emissions, & extraction
• Create incentives for producers to redesign their products to be more recyclable
• Stimulate local markets for plastic recycling

PLASTIC PRODUCTS POST-CONSUMER RECYCLED CONTENT

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Covered containers and targets:

Three categories of plastic containers:

• Plastic beverage containers: reach 50% post-consumer recycled content by 2033
• Plastic containers to package or store food: reach 40% PCR content by 2033
• Plastic household cleaning & personal care products: reach 35% PCR content by 2035

How it works:

• Self-financing program with a dedicated fund, paid for by the producers
• Third-party certification of the PCR content by independent bodies
• Enhanced oversight by MDE

Penalties if producers miss the targets or fail to register, program evaluation after five years

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MARYLAND BEVERAGE CONTAINER RECYCLING REFUND AND LITTER REDUCTION PROGRAM

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Delegate Jen Terrasa - District 13

Environment and Transportation Committee

jen.terrasa@house.state.md.us

Martha Ainsworth

Sierra Club

martha.ainsworth@mdsierra.org

The Problem:

• 5.2 billion beverage containers sold in

Maryland in 2019

• Only 1.2 billion were recycled (23%)
• 4 billion containers left in the environment

as litter, in landfills, or incinerated

BEVERAGE CONTAINER RECYCLING REFUND & LITTER REDUCTION PROGRAM

What the bill will do

• A small deposit is added to the price of glass, plastic, and metal beverage containers (10¢-15¢)
• The deposit is refunded when the containers are returned to a convenient retailer or redemption facility for recycling
• The program is implemented and financed by beverage producers, w/enforceable targets and strong oversight from MDE
• Similar programs have been operating in 10 US states for decades

The Impact

• Recovery of ≥ 90% of beverage containers, 3.5 billion fewer wasted containers/year
• Reduction in litter & improved water quality
• Reduced costs to local governments
• Increased availability of high-quality, food-grade materials
• Increased investment in refillable beverage containers
• Reduction in GHG emissions & energy use

Program launch - January 1, 2027.

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GUARDRAILS FOR STREAM RESTORATION PROJECTS

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Delegate Jen Terrasa - District 13

Environment and Transportation Committee

jen.terrasa@house.state.md.us

Sharon Boies

Sierra Club

sbmuzicmts@gmail.com

GUARDRAILS FOR STREAM RESTORATION PROJECTS

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Goals:

• Must state project goals upfront, including specifying how the project improves or aligns with the following goals:
• Biological uplift
• Ecological uplift
• Chesapeake Water Quality goals
• Forest conservation goals
• Climate change goals

Monitoring biological uplift

• Biological and water chemistry monitoring must also be measured upstream and downstream from the restoration site. In addition to conducting pre-restoration monitoring as well as post-restoration monitoring: require Before-After-Control-Impact study designs

GUARDRAILS FOR STREAM RESTORATION PROJECTS

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Tree removal:

• Minimize tree removal, including a requirement to map all trees in the area with plans for which will be removed, and account afterward for any additional trees lost or removed in the process.

Upland Projects:

• Must strengthen credits or other incentives for upland projects, including tying into neighboring private property.

Public Input:

• Improve public input process so community can give input after receiving meaningful information about the project and with sufficient notice to formulate a response/testimony.

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VERNAL POOLS

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Delegate Terri Hill – District 12A

Health and Government Operations Committee

terri.hill@house.state.md.us 

Mark Southerland, PhD

Vernal Pool Partners

mark.t.southerland@gmail.com

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VERNAL POOLS

• Vernal pools are unique, small ecosystems that support unique biodiversity and ecosystem services, such as replenishing groundwater and filtering stormwater
• Vernal pools are being lost at a rapid rate, because they often do not have hydric soils or wetlands vegetation required by current MDE wetlands regulations
• Adding vernal pools as named wetlands in MDE regulations will protect this important resource (not protected federally after Sackett vs EPA Supreme Court decision)
• Act protects vernal pools and 100-foot buffer when pool exceeds 0.05 acres and possess one or more amphibian species (e.g., wood frogs, mole salamanders) 
• Vernal pools are often overlooked because of they are small and ephemeral (seasonal)
• Act would cost-effectively inventory vernal pools using new technologies that provide remote 1-meter topography and land cover

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MARYLAND CUSTOMER-CITED SOLAR PROGRAM

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Delegate Lily Qi - District 15

Economic Matters Committee

lily.qi@house.state.md.us

Maryland Rooftop Solar Coalition

info@marylandrooftopsolarcoalition.org

MARYLAND CUSTOMER-CITED SOLAR PROGRAM

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• Establish a customer-sited solar program in Maryland to immediately increase deployment of customer-sited systems which can assist Maryland in meeting its renewable energy targets
• Offer grants to homeowners located in low-and moderate income, overburdened and underserved communities (LMIOU)
• Expands the reach of SACP funds to support low-income solar throughout the state.

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SALT-USE MEASUREMENT

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Delegate Lily Qi - District 15

Economic Matters Committee

lily.qi@house.state.md.us

SALT-USE MEASUREMENT

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• Excessive road salting has detrimental impacts on our health, waterways, and infrastructure
• This legislation will require governmental and private organizations to track the amount of road salt being applied by single lane per mile unit for each winter storm event in order to better understand how much salt is being applied to our roadways

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SUBMERGED AQUATIC VEGETATION (SAV) ZONE UPDATES

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Senator Johnny Mautz - District 37

Finance Committee

johnny.mautz@senate.state.md.us

Ben Ford

ShoreRivers

bford@shorerivers.org

SAV Protection Zones are delineated every 3 years by DNR using an aerial survey conducted by the Virginia Institute of Marine Science for the purpose of protecting SAV habitat.

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This bill will seek to:

1. expand what tools and data DNR can use to delineate SAV zones

2. require DNR conduct an analysis, and deliver a report of the analysis to the General Assembly by 12/31/2024, on (1) how to use alternative technology to delineate SAV Protection Zones more frequently than every 3 years, and (2) the benefits of different look-back timeframes for how SAV zones are delineated.

SUBMERGED AQUATIC VEGETATION (SAV) ZONE UPDATES

THANK YOU!

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To join us in advocating for this legislation, go to

mdlegislative.com; sierraclub.org/Maryland; shorerivers.org

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