MARYLAND LEAGUE OF CONSERVATION VOTERS Governor’s Report Card

LARRY HOGAN 2015–2016

Keeping Score for the Environment Since 1979 Grading Maryland’s Governor OVERALL MARK: NEEDS IMPROVEMENT

or nearly 40 years, the Maryland League of review of this document, and who are stalwart partners in our Conservation Voters (Maryland LCV) has proudly acted environmental agenda. as the political voice of the environment, working with Today, Maryland LCV assigns an overall “Needs Improve- Felected leaders to pass strong conservation legislation ment” mark to Governor Hogan on the first Governor’s Report while holding them accountable to voters. Through education and Card of his term. advocacy, we build relationships with public servants from across This mark reflects actions that do not support the strong the state to put Maryland at the forefront of national environmen- pro-environment statements Governor Hogan has made since tal policy. With our annual Environmental Scorecard we showcase the beginning of his term. Lofty aspirational goals of bipartisan and celebrate our champions, and encourage improvement for cooperation and promoting a healthy Chesapeake Bay as “key to those whose priorities diverge from the conservation vote. a strong economy and high quality of life—for all Marylanders”1 as a top priority is admirable, but requires an equal commit- ment to maintaining strong regulatory protection and en- forcement against bad actors. Setting significant goals to address climate change is vital to our success of reducing greenhouse gases, but these ambitions can only be fulfilled if we use the power of eco- nomic viability to encourage industries that can help us to achieve those goals. Governor Hogan’s words speak of a Marylander dedicated to preserving the natural wonder and beauty of a State he loves, but his actions don’t always prioritize environmental and public health. The issues addressed in this Report Card reflect After consultation with conservation leaders from across actions by the Governor or his Administration, and so there are the State, the Maryland LCV Board of Directors and staff a number of environmental successes that are not discussed. In present this Governor’s Report Card on the first two years of 2015 the Maryland General Assembly passed a 2½ year mora- the administration of Governor Larry Hogan. We offer this torium on hydraulic fracturing (or “Fracking”) in the State after report to highlight leadership and to encourage improvement several years of attempts at similar legislation. In 2016 Mary- on issues facing our environment. For this reason, we chose land was the first state in the nation to pass a ban on neonicoti- to offer evaluative marks, rather than a letter grade, on both noid pesticides, forging the path for other States to take similar overall performance and in individual categories that provide action to protect pollinators. Both of these bills represented substantive review of the Hogan Administration’s commitments significant environmental victories that were passed by a largely and actions on environmental issues. The methodology for Democratic legislative majority and allowed to go into law this and previous reports includes a thorough examination of under a Republican executive branch. In both cases, these bills departmental and agency actions, policy positions, and funding were loudly opposed by some industry groups, as well as mem- priorities, as well as public statements from both the Governor’s bers of the Republican Legislative Caucus. By allowing these office and executive appointees. Maryland LCV sincerely thanks bills to go into law and resisting pressure from the opposition, the organizations and individuals who provided input and Governor Hogan fulfilled that part of his promise for bipartisan cooperation, and we honor this. At the same time, these land- to working with him to achieve his goals and live up to the mark bills were allowed to go into law without the Governor’s promise to be an environmental champion that uses Maryland’s signature, which signals passive acceptance and not leadership. extraordinary natural resources to further promote a healthy Maryland LCV does not consider silence an action, and thus is economy and improved lives for all Marylanders, regardless of not considered in the overall marks. income, demographic profile, or zip code. Conversely, we have not scored the Governor on statements At the dawn of the administration of a new President of the that signal the possibility of environmentally damaging or United States, who has promised to rollback federal protections, counterproductive policies, but that have not yet been manifested regulations, and who has introduced an environmental cabinet in actions. Chief amongst these are statements relating to the Re- shaped by a shocking denial of climate-change, we look to our gional Greenhouse Gas Initiative (RGGI), a regional cooperative Governor to become a leader of his party on a national level. We agreement to address climate change through a cap-and-trade also look to the Governor to program. Since 2008, RGGI has spurred more than $500 million show decisively that conserva- in investment, which has been reinvested back into Maryland tion is not a partisan concern; Marking System communities to help low-income families with their energy supporting public health and 3 Excellent 2 protecting natural treasures is bills and rollout energy efficiency and clean energy programs. 3 Good Despite this, in August, 2016, the Secretary of the Maryland good for business. Maryland 3 Mixed Department of the Environment threatened to pull out of the re- LCV looks forward to working gional program if Maryland were forced to follow other states in with Governor Hogan and his 3 Needs Improvement creating a stronger cap.3 While the Administration later walked Administration to make this 3 Poor back from these statements, the comment was alarming. We will happen—for everyone’s sake. continue to watch closely as this and other similar clean energy issues are hammered Board of Directors Staff out in the months to come. We hope that, when we next issue Ed Hatcher, Chair Karla Raettig, Executive Director a Governor’s Report Card, we Maris St. Cyr, Vice Chair Kristen Harbeson, Political Director will be able to praise the Gov- Bob Gallagher, Secretary Karen Polet Doory, Development Director ernor for positive actions that Mike Davis, Treasurer Dannielle Lipinski, Communications and Outreach Manager demonstrate his understand- Jennifer Bevan-Dangel Ramon Palencia-Calvo, Chispa Director ing and appreciation of these George Chmael Ben Alexandro, Water Policy Advocate issues, and how these programs The Hon. Virginia Clagett Johana Vicente, Chispa Organizer protect Maryland’s most vul- Verna Harrison Devon Hawkins-Anderson, Public Funding Organizer nerable communities. Melanie Hartwig-Davis We have included a section Oscar Ramirez on the Governor’s actions Patrice Stanley relating to democracy and good government to reflect a policy of Maryland LCV, recognizing that inclusive democracy and transparency are necessary to ensure solid environmental legislation. In sum, Governor Hogan’s first report card demonstrates that he is not living up to the standards that he has set through his public statements. Maryland LCV looks forward Energy and Climate Change CATEGORY MARK: NEEDS IMPROVEMENT

With more than 3,000 miles of coastline,4 alternative that enables plant owners to decisions of an administration. During and approximately 265,000 acres less avoid upgrading NOx emission con- his first two years, Governor Hogan has than 5 feet above sea level,5 Maryland is trols. While Governor Hogan made had the opportunity to appoint three one of the most vulnerable states in the strong statements on his commitment Commissioners to rule on significant nation to the effects of sea-level rise and to reducing smog, improving air quality, environmental concerns such as the ap- climate change. We are also a state with a and making Maryland the gold standard proval of off-shore wind and utility-scale geography appealing to renewable energy of both environmental protection and wind and solar projects.8 industries that can advance the expansion business development, the actions of his Commissioner Jeannette Mills has of a clean energy economy and help com- Administration clearly prioritize business impeccable credentials and has proven bat the state’s reliance on greenhouse gas over environment and public health. In a to be a fair and reasonable member of emitting fossil fuels which contribute to a letter dated May 1, 2015, the Chairmen of the panel. The appointments of Commis- global climate crisis. Despite his professed the Joint Committee on Administrative, sioners Michael T. Richard and Anthony concern for both Maryland’s economy Executive, and Legislative Review (the J. O’Donnell, however, are deeply worry- and its environment, Governor Hogan has Committee charged with approving reg- ing to proponents for renewable energy. demonstrated that, with few exceptions, ulations) stated: “To protect public health While both have significant subject- under his administration Maryland is not and meet the requirements of the Clean matter expertise, both have expressed open to the business of renewable energy. Air Act, Maryland must ensure that all of strong public opposition to renewable its coal-fired power plants have modern energy projects and programs in the NOx regulations pollution controls by 2020, if not earlier. past, raising concerns as to their ability MARK: POOR We are already overdue in setting this to remain impartial when considering Despite recent improvements in air important process in motion. The most projects that come before the Com- quality, Maryland continues to have some efficient and most effective response to mission for approval. Commissioner of the highest smog levels in the Eastern this public health crisis is to publish and Richard’s inappropriate communication United States. Five million residents live implement the original regulations. The with the Governor’s office about policy in areas that have been designated as solution is literally on your desk.”7 and strategy for blocking renewable en- having unhealthy levels of smog. (The Rather than allowing a strong pollu- ergy bills after leaving his post as Deputy total population of Maryland is estimated tion reduction plan with broad support Chief-of-Staff to the Governor and after to be just over six million). Although by from both business and environmental accepting a seat on the Commission many estimates, we are the wealthiest state quarters to go into effect, Governor reinforced these concerns, as well as in the country, Maryland’s power plant Hogan has weakened the proposed regu- those related to his judgement.9 Com- emissions control technologically lags lations and delayed implementation. This missioner O’Donnell’s voting record, behind even traditional coal states such as has caused harm to both our environ- as a delegate, is marked by opposition West Virginia, Alabama, and Kentucky— ment and the health of our State’s most to Off-Shore Wind,10 the EmPOWER some of the poorest states in the nation. vulnerable populations. program,11 the original Greenhouse Gas In January 2015, after more than fifteen Reduction Act (although he did vote for Public Service Commission months of stakeholder meetings, com- the 2016 legislation),12, 13 and the Renew- appointments promise and collaboration, the Maryland able Portfolio Standard.14 MARK: NEEDS IMPROVEMENT Department of the Environment finalized Greenhouse Gas Reduction Act the plan to reduce Mono-Nitrogen Oxide The Public Service Commission was Renewal—Reauthorization (NOx) emissions from Maryland’s coal established by the Maryland General (2016: HB620/SB323) plants and submitted them for publica- Assembly to regulate public utilities and MARK: EXCELLENT tion in the Maryland Register.6 passenger transportation companies Immediately upon taking office, doing business in Maryland. Commis- Both the original Greenhouse Gas Governor Hogan blocked the publication sioners are appointed to serve staggered Reduction Act (GGRA) and the 2016 of these regulations in order to pro- five -year terms. Since a Governor can renewal and expansion legislation rep- pose a less protective and more flexible appoint Commissioners to serve beyond resented bipartisan support for con- the life of a four-year term, these appoint- fronting climate change. In Governor 2 / www.mdlcv.org ments are some of the most enduring Martin O’Malley’s 2009 Maryland LCV more significant in the face of growing hostility by Republican leadership nation- ally against the evidence of man-made contributions to climate change. We applaud the Governor for his strong state- ments at the bill signing, saying that the “Greenhouse Gas Emission Reduction Act … is expected to help create and maintain tens of thousands of jobs and represents a balanced, science-based approach to reduce carbon pollution.”18 Clean Energy Jobs—Renewable Energy Portfolio Standard Revisions (2016: HB1106/SB921) MARK: POOR Despite the Governor’s strong statements of support for the goals laid out by the GGRA, he chose to veto one of the most essential components to achieve those goals. The Renewable Portfolio Standard (RPS) was first signed into law by Repub- lican Governor Robert Ehrlich in 2004, mandating that 20% of Maryland’s energy be derived from renewable sources by the year 2022. In 2016, the General Assembly passed an expansion of the program to 25% renewable energy by the year 2020. This legislation provided the mechanism for the solar and wind energy industries to expand their footprint in Maryland, potentially generating the thousands of jobs Governor Hogan praised in the signing of the GGRA. Given his support for the GGRA, and his commitment to improving the busi- ness development climate in Maryland, report card, the bill was described as a because of the accrued economic benefits his veto of the Clean Energy Jobs Act “priority for the environmental commu- and the potential for additional growth. caught many—both activists and legis- nity” which “made Maryland a national During the hearing, Department of the lators—off guard. The bill had passed as leader in addressing climate change,”15 by Environment Secretary Ben Grumbles a result of careful and close negotiations requiring a reduction of global warming testified in favor of the legislation and on by legislators, advocates, and the admin- pollution by 25% below 2006 levels by behalf of the Maryland Climate Change istration. The rejection of the legislation the year 2020. In 2016, when the bill Commission, saying the bill “embodies demonstrates a break in faith between the came up for renewal, the initiative was that spirit of common ground working Governor’s office and clean energy advo- once again a priority of the environ- for the common good.”16 On April 4, 2016, cates and industry, as well as the majority mental community, aiming to reclaim the Greenhouse Gas Reduction Act was of Marylanders who want Maryland to our State’s place as a national leader one of the first bills to be signed by Gov- expand its commitment to renewable by requiring a 40% reduction by the ernor Hogan before the end of the 2016 energy, to do its part to combat climate year 2030. The bill, which was strongly 90-day legislative session.17 change, and to reap the economic bene- supported by Democratic leadership The signing of the GGRA would have fits of a clean energy economy. in both the House and Senate, received been a mark in favor of Governor Hogan wide Republican support as well, in part in any political context, however it is even 3 / www.mdlcv.org In early January, 2017, Governor Hogan announced his own policy initia- Transportation tive to address growing the clean energy CATEGORY MARK: NEEDS IMPROVEMENT economy and reduce greenhouse gases. We applaud the Governor’s commitment and the degree to which he has received the message from environmental activ- As is discussed in more depth elsewhere communities to the region’s job centers. ists following his veto of the 2016 bill. in this report, Maryland is both among In a statement following the decision, At the same time, it is of concern that he the most vulnerable states in the country Mayor Stephanie Rawlings-Blake said: crafted this proposal without consulting for the negative effects of climate change, “Although the governor has promised with or including many of the environ- and also has some of the worst air quality to support economic growth in Balti- mental advocates or legislators who have in the country. With more than 60% of the more, he canceled a project that would been front and center of the issue since population living in the five contiguous have expanded economic development, long before the Governor assumed office counties between the two beltways,19 there created thousands of jobs, increased in 2015. Partnership and transparency is a pressing need for increasing public access to thousands more, and offered requires open and early communication. transportation to relieve traffic conges- residents better health care, childcare, We are committed to communicating tion, reduce air pollution from auto- and educational opportunities.”20 The and working with the administration in mobiles, and reach our goal for reducing announcement was a heavy blow to many advancing our agenda, and are distressed greenhouse gas emissions. Yet, rather than Baltimore residents, who saw it as fur- by the level to which this Administration putting more resources into the problem, thering the disinvestment that had at least governs through surprise. Governor Hogan has blocked efforts to partially fueled unrest throughout the improve and expand public transit and city just weeks earlier. As a result of the Energy Agencies public accountability on transportation decision, nearly a billion dollars in federal MARK: NEEDS IMPROVEMENT project decisions and instead funneled funding was permanently lost to the City. The Maryland Energy Administration funds to rural road projects. Purple Line (MEA) was a priority of the O’Malley Red Line MARK: MIXED Administration to promote affordable, MARK: POOR reliable, and cleaner energy for the ben- At the same time Governor Hogan efit of all Marylanders. Under the Hogan After more than ten years of stakeholder cancelled the Baltimore City Red Line Administration the office moved from meetings, planning documents, feasibility project, he gave approval for the Mont- its own location to co-locate with the studies, mapping, legislative muscle to gomery/Prince George’s County Purple Maryland Department of the Environ- secure funding, and more stakeholder Line—in a limited fashion. County ment. While this was not worrisome on meetings, Governor Hogan unilaterally investment would have to be increased its own, the move followed a significant cancelled the Baltimore Red Line in June from the already committed $300 million reduction of staff, with many positions 2015. While the planned public transit investment towards the project. To bring left vacant. The Maryland Clean Energy project was not without controversy even down the total $2.45 billion, the project Center (MCEC), with a mission to ad- within Baltimore City, especially in the was significantly reduced, including less vance clean energy and energy efficiency East-side neighborhood of Canton, the frequent trains and the elimination of one products, services, and technologies East-West light rail was of primary im- of two planned staging areas. While he as part of an economic development, portance to help connect lower-income reduced the State’s commitment to has also had its funding cut (although the 2017 budget shows promise in this regard.) These actions reinforce the con- cerns expressed elsewhere on Governor Hogan’s commitment to renewable ener- gy. The Governor’s office has communi- cated their intention to make the changes to rebuilding the MEA and MCEC and making them stronger. We will be watch- ing closely, and believe we will be able to report an improved mark in this category in the next report card.

4 / www.mdlcv.org the Purple Line, and dismissed the Red Line as a “wasteful boondoggle,”21 Gover- Administration and nor Hogan pledged $845 million for new highway and bridge construction projects. Appointments Although we support even a limited com- CATEGORY MARK: MIXED mitment to the Purple Line, (and there is certainly a pressing need for the $200 million investment in upgrading struc- turally deficient bridges), re-directing More than 45,000 people work in funding from important public transit Maryland State Government, for one of projects in densely populated areas mired the state agencies that ensure the health, in gridlock to new highway projects in safety, and legal protections of Mary- less-traveled rural areas represents regres- landers in all 23 counties plus Baltimore sive environmental priorities.22 City. We rely on the agencies of the Departments of Environment, Agricul- Transparency and Oversight ture, Natural Resources, and Planning to (2016: HB1013/SB908 and HB1010) enforce regulations set by statute or by MARK: POOR executive order to protect all aspects of In addition to the detrimental effect to our environment. The leadership of these an already underserved population, the agencies, as well as adequate staffing decision to cancel the Red Line raised sig- and support, plays as important a role in nificant concerns as to Governor Hogan’s the direction our state takes in environ- respect for community input, transpar- mental stewardship as any decision that ency in transit decisions, and his com- comes from the Governor himself. mitment to improving Maryland’s public Secretarial appointments transportation infrastructure. A suite MARK: GOOD of bills championed by legislators from across Maryland and supported by 1000 If “personnel is policy,” Governor Friends of Maryland and other transit Hogan demonstrated good judgment advocates sought to improve transparen- and moderation in many of his Cabinet cy and public input in the process. These appointments. First and foremost, Mary- bills were universally opposed by the land Department of the Environment Governor, with two passed bills falling (MDE) Secretary Ben Grumbles is highly under the veto pen. qualified for his position and has a strong Of special concern, the Maryland commitment to hearing from all sides of Open Transportation Investment Deci- complicated issues. He has been present We also are watching the appoint- sion Act of 2016 sought to rationalize and and attentive during long public hear- ments of Secretary of Transportation improve transparency on the funding ings, and gracious in the face of strident Pete Rahn and Secretary of Planning priorities of the Maryland Department opposition to policies and draft regula- Wendi Peters. In selecting Secretary of Transportation by creating a ranking tions. Unlike many other Departments, Rahn, Governor Hogan made his pri- system for projects. Lower-ranked proj- MDE’s staff remained consistent and orities of highways over public transit ects could still be funded first, but would stable during the transition to the Hogan clear. Rahn is qualified to implement require an explanation for why it was pri- Administration. Maryland Department the Governor’s vision, but the vision is oritized over the higher-ranked projects. of Agriculture (MDAG) Secretary Joseph not one we support. Secretary Peters The bill was passed, vetoed, and the veto Bartenfelder and Maryland Department was promoted from Deputy Director in was overridden within the 2016 Session. of Natural Resources (DNR) Secretary summer 2016. While she has not had During the summer, statements from the Mark Belton similarly are well regarded sufficient time to establish a direction Governor’s office and from his Adminis- as thoughtful and knowledgeable, with a distinct from her predecessor, her tenure tration misrepresented the requirements long background in the issue area. While has been marked by poor morale and of the legislation, forcing an expedited all three agencies have at different times lack of communication with staff. process that would cause hardship on the stood in opposition to environmental Secretarial appointments cannot already overtaxed jurisdictional agencies, priorities during the first two years of the be separated from Departmental and threatened the demise of favorite Hogan Administration, all three appoint- projects across the State.23 ments are commendable. 5 / www.mdlcv.org decision-making, some of which are discussed elsewhere, and which some- Land Preservation and what dampen the overall appraisal of the choices. Additionally, the homogeneous Program Open Space nature of the Cabinet is worth noting. Of CATEGORY MARK: EXCELLENT the 24-member executive council, there are only six women and four people of color, including the Lieutenant Gover- nor. This limited diversity is a matter of Since its inception in 1969, Program strength. The final bill, which consoli- concern. Open Space has preserved approximately dated both bills in a show of bipartisan 1.6 million acres of land across the State cooperation, passed both chambers with Agency Attrition as a common treasury for all Mary- unanimous support and was one of the MARK: NEEDS IMPROVEMENT landers, funded from a .5% state tax on first bills signed into law by Governor At his inauguration, Governor Hogan real estate transactions. This program Hogan in 2016.25 promised to “improve our state govern- is unique among Bay states, and puts The Governor has demonstrated ment’s ability to be more responsive to, Maryland at the forefront of land pres- a clear commitment to the value of and to better serve and represent all of ervation efforts nation-wide. Over the protecting and enhancing open space. our citizens.”24 While it is not unexpected past forty years, however, Governors During his first two years in office, he to have significant changes among senior from both parties have “borrowed” from has approved projects in Washington, staff and special appointment staff when the fund to balance State budgets. More Wicomico, Anne Arundel, Frederick, there is a party change in Government than $1 billion has been raided from the Montgomery, Prince George’s, and Queen House, the public is best served when program and not been repaid. During Anne’s Counties, and has pledged $60 dedicated career agency employees who the 2016 Session, both leaders from the million over two years for land acqui- work outside of political operations are General Assembly and Governor Hogan sition and preservation programs.26 We allowed to continue to lend their experi- introduced legislation to halt the drain look forward to seeing the Governor’s ence to the people of Maryland. By con- from Program Open Space and to set up 2017 budget for evidence of his continued trast under Governor Hogan’s direction, a payment plan to restore the fund to full commitment to this important program. several environmental agencies have seen the layoffs of many career professionals possessing significant subject-matter expertise in areas that require regulation and enforcement. As examples, senior experts in fisheries and water quality monitoring at DNR were forced out, as were senior planners within the Mary- land Department of Planning, and expert employees of the Maryland Energy Administration (MEA). While some uncertainty of this kind is to be expected in a new administration, across the agencies, communication has been lacking to keep staff apprised of de- cisions and their potential effects before staffing changes are made—or informing remaining staff afterwards. With many of the most knowledgeable public servants moved out of their positions, often with no plans to replace them, the cuts undermine the ability for the agencies to provide the kind of responsiveness that Governor Hogan has set as a goal for state government.

6 / www.mdlcv.org later prompted the planned restoration Water Quality work to resume, the delay resulted in a CATEGORY MARK: NEEDS IMPROVEMENT temporary loss of promised funds from the U.S. Army Corps of Engineers who sent the money to a project in Virginia instead. The controversy around these In Governor Hogan’s first State of the this challenging issue, which had been decisions illustrates a significant weak- State, he said that “a healthy Bay is key to repeatedly stalled during the previous ness in the Administration’s policies and a strong economy and a high quality of Administration. actions relating to programs aiming to life—for all Marylanders,”27 and pledged As with everything, the devil will be measurably improve the water quality that it would be a top priority for his in the details of implementation and and wildlife habitat in the Chesapeake administration. We applaud the high- enforcement. We give level commitment that these words rep- strong marks for the resent, and the budget investment in the 2015 compromise, but at Chesapeake and Atlantic Coastal Bays this time, PMT imple- Trust Fund. It is important, however, to mentation appears to continue to move forward with the en- be moving at a sluggish vironmental protections already in place pace, with the Adminis- and established with scientific evidence tration yet to collect and of their necessity, rather than rolling report all of the neces- back regulations that benefit developers sary data on how many and industry at the cost of the health of fields are oversaturated our waters. with phosphorous. Agency and Administra- Phosphorous Management Plan tive opposition to 2016 MARK: MIXED legislation that sought In 2010 after a series of reports and sci- to more fairly assign entific studies conclusively demonstrated responsibility for the widespread phosphorous pollution in the burden of managing Chesapeake Bay and Maryland rivers, excess manure prevented the environmental community began additional progress, and in earnest to support the adoption of a proposed regulatory science-based Phosphorous Manage- roll-backs discussed ment Tool (PMT) to help farmers better elsewhere tarnish a compromise that Bay, and by extension the environmen- manage the risk of phosphorous run-off. Gov. Hogan called in his 2016 State of tal and economic health of the region; After a series of false-starts and delays the State Address “the greatest environ- notably the Governor’s willingness to during the second term of the O’Malley mental achievement to clean up the Bay prioritize, with questionable supporting Administration, the Hogan Administra- in a generation.”28 data, the short-term benefits to a single tion’s 2015 compromise creating a Phos- industry over the long-term benefits of Oyster sanctuaries phorous Management Tool demonstrates sustainability and clean water. MARK: NEEDS IMPROVEMENT cooperation and good-faith negotiation The initial decision to put a hold on between legislative champions and the One of the highest profile environmental the Tred Avon Restoration Tributary Governor’s office; between industry repre- decisions of Governor Hogan’s first two came from pressure from a small group sentatives and environmental advocates. years in office concerned oyster resto- of watermen who presented data at odds The result is a tool to reduce pollution by ration. Under pressure from watermen with the information provided by other halting the excessive use of manure on who showed interest in opening oyster organizations and agencies that did farm fields already contaminated with sanctuaries to commercial harvest, the not have a vested interest in increased too much phosphorous. The rules gave Hogan Administration halted oyster harvesting. The Governor put a hold on farmers the support and flexibility to restoration work in a portion of the Tred the project until the five-year progress determine how best to manage waste on Avon River—an ecologically sensitive report on the sanctuary program was their property and an extended timeline tributary and one of five targeted for completed. In anticipation of the report, to implement needed changes in farm restoration under a federal executive DNR Secretary Belton reconvened and management. Both the Governor and the order.29 While a recommendation of the Legislature deserve credit in tackling Oyster Advisory Commission (OAC) 7 / www.mdlcv.org reconfigured the OAC, with commercial Hogan Administration sought to roll- fishing interests now outnumbering con- back the protective regulations without Democracy servation advocates on the Commission presenting any reasonable justification CATEGORY MARK: MIXED 8 to 1. While the report indicated that or scientific explanation for weakening it was too early to tell if the sanctuary of standards for the spreading of manure program was working as planned, it also or bio-solids during the winter months. stated unequivocally that the biomass of Additionally, the proposed changes would To pass strong environmental legislation oysters was increasing in the sanctuar- offer seemingly unlimited exemptions for that protects the needs of all Maryland- ies and exceeding restoration metrics.30 the “Emergency Spreading Provision,” ers, Maryland needs strong environ- Under instructions from the Governor, which provides little incentive for com- mental legislators elected by voters from the Secretary asked the OAC to suggest pliance for those that have not made across the spectrum of race, ethnicity, management changes to the sanctuary the necessary adjustments and creates a and socio-economic status willing to program and the public fishing pro- competitive disadvantage for those that fight the status quo. Democracy—and gram. The OAC is entertaining propos- have acted according to the law and in voter access—are environmental con- als that would change the boundaries good faith. The changes benefit the solid cerns, since without a strong Democracy of sanctuaries, open certain sanctuary waste industry, seeking a larger market nothing else can be accomplished. areas to harvest, and decrease the total for their product, but do so at the expense Election Law—Voting Rights— percentage of Maryland oyster bottom of public health, environmental steward- Ex-Felons (2015:HB980/SB340) in sanctuary from 24%–20%. Moving to ship, and farmers who have gone to con- MARK: POOR administratively weaken a program that siderable effort to do their part for both.32 is showing promising signs of bringing In the second case, Governor Hogan HB980/SB340, which was supported by back oysters to our state is inconsistent is rolling back septic regulations to the Maryland LCV and a coalition of democ- with the Governor’s professed interest in minimum required by statute. In 2012, racy and voting rights advocates, opened protecting the Chesapeake Bay, which the General Assembly passed compre- he called in his 2016 State of the State hensive septics legislation that required “our greatest and most important natural any new or replacement septic system asset, and a national treasure.”31 in the State’s designated “Critical Area” within 1,000 feet of tidal water to use the Regulatory Rollbacks Best Available Technology for treat- MARK: POOR ment to protect Maryland’s most fragile In 2012, MDE adopted two regulations ecosystems. The Maryland Department that would significantly improve the of the Environment, under instructions health of Maryland’s waterways and pub- from the O’Malley Administration, lic health: the first limited the spreading expanded that regulation to include all of manure on fields during the coldest new septic systems statewide, in order part of the year when the ground could to protect the entire watershed and the not absorb the nutrients, which can health of Marylanders in every juris- lead to increased runoff of nitrogen and diction equally. In his announcement, phosphorous into the Chesapeake Bay Governor Hogan stated that he wanted and local waterways; the second required to keep “environmental safeguards in the use of Best Available Technology place while reducing an unnecessary for all new and replaced septic systems regulatory burden.”33 The result is in- statewide. In recent months, the Admin- terpreted as a give-away to developers istration has sought to roll-back both of encouraging residential development these regulatory safeguards on public on farms and forests where sometimes health and safety. complex and costly centralized sewage The first proposed roll-back affects treatment does not exist, and prompting regulations that were approved in 2012 increased sprawl, exacerbating transpor- and went into effect in 2014 to give farm- tation problems and threatening public ers ample time to comply with the chang- health. It is startling that this policy was es to the law while meeting the objective put into place after the devastating floods of improving water quality. In 2016, the in Ellicott City in 2016, caused in part by rapid development in the area above the 8 / www.mdlcv.org historic core. the door to nearly 40,000 former inmates Notes to register to vote, half of whom are estimated to live in Baltimore City, one of the most environmentally compro- 1. http://governor.maryland.gov/2015/ 22. https://www.washingtonpost.com/ mised jurisdictions in Maryland. When 02/04/state-of-the-state-address/ local/2015/06/25/a255fe8c-1b4d-11e5-93b7- Governor Hogan vetoed HB980/SB340 2. http://www.mde.maryland.gov/programs/ 5eddc056ad8a_story.html?utm_ in 2015, he argued that it “improperly Air/RGGI/Documents/RGGI05272016.pdf term=.5ade83af797a 3. https://www.bostonglobe.com/metro/ 23. http://www.baltimoresun.com/news/ restored rights to people who had not 2016/08/28/massachusetts-presses-other-states- 34 opinion/oped/bs-ed-transportation-act- yet paid their debt to society.” Hogan’s region-cut-emissions/cwBDURmXXdD32 20160816-story.html action not only runs counter to evidence CYfNwlExI/story.html 24. http://governor.maryland. that indicates that restoring voting rights 4. https://coast.noaa.gov/data/docs/states/ gov/2015/01/21/inaugural-address-governor- sooner helps to reduce recidivism among shorelines.pdf larry-hogan/ former inmates,35 it would have ensured 5. http://sealevel.climatecentral.org/uploads/ 25. http://mgaleg.maryland.gov/webmga/ ssrf/MD-Report.pdf that a statistically significant percentage frmMain.aspx?pid=flrvotepage&tab=subject3&i 6. http://www.rogermanno.com/wp-content/ d=hb0462,h-0912&stab=02&ys=2016RS of voting age residents of Marylanders— uploads/2015/05/Governor-Hogan-Control-of- 26. http://news.maryland.gov/dnr/tag/ especially from Baltimore City—would NOx-Emissions-COMAR-26 -11-38-01-05-5-1- program-open-space/ be unable to participate in the election of 2015.pdf 27. http://governor.maryland. the officials who would make decisions 7. http://www.rogermanno.com/wp-content/ gov/2015/02/04/state-of-the-state-address/ on their welfare, including on public uploads/2015/05/Governor-Hogan-Control-of- 28. http://governor.maryland. NOx-Emissions-COMAR-26-11 -38-01-05-5-1- health and safety, water and air quality gov/2016/02/03/2016-state-of-the-state-address/ 2015.pdf 29. http://www.bayjournal.com/article/md_ protection, and environmental justice. 8. http://www.psc.state.md.us/ watermen_want_14000_acres_of_oyster_ news-releases/ Open Government and sanctuary_open_to_harvesting 9. http://www.baltimoresun.com/news/ 30. http://dnrweb.dnr.state.md.us/fisheries/ Redistricting maryland/politics/bs-md-psc-approval- calendar/events/1225/06_Overview_of_5_Yr_ MARK: GOOD 20160407-story.html Oyster_Report_OAC_July2016.pdf 10. http://mgaleg.maryland.gov/webmga/ While Governor Hogan used the power 31. http://governor.maryland.gov/2016/02 frmMain.aspx?pid=flrvotepage&tab=subject3&i /03/2016-state-of-the-state-address/ of his office to prevent some election -re d=hb0226,h-0393&stab=02&ys=2013RS 32. http://news.maryland.gov/mda/ form, in other instances he used his bully 11. http://mgaleg.maryland.gov/webmga/ press-release/2015/11/12/maryland-department- pulpit to promote good government, as frmMain.aspx?ys=2008rs/votes/house/1292.htm of-agriculture-extends-deadline-for-manure- well. In 2015 he signed into law three 12. http://mgaleg.maryland.gov/webmga/ application-to-november-30/ Public Information Act (PIA) reform bills frmMain.aspx?ys=2009rs/votes/house/1232.htm 33. http://governor.maryland. aimed at improving the responsiveness of 13. http://mgaleg.maryland.gov/webmga/ gov/2016/08/20/governor-larry-hogan-delivers- frmMain.aspx?pid=flrvotepage&tab=subject3&i closing-address-at-maryland-association-of- agencies and creating both a State Public d=sb0323,h-0837&stab=02&ys=2016RS counties-summer-conference/ Information Act Compliance Board to 14. http://mgaleg.maryland.gov/webmga/ 34. http://www.baltimoresun.com/news/ hear complaints relating to excessive frmMain.aspx?pid=flrvotepage&tab=subject3&i maryland/politics/bs-md-felons-voting- fees, and a Public Access Ombudsman to d=hb1106,h-1419&stab=02&ys=2016RS 20160209-story.html mediate PIA disputes more generally. As 15. Maryland League of Conservation 35. https://www.brennancenter.org/ he promised in his campaign and in his Voters Governor’s Report Card—Martin analysis/sustained-momentum-and-growing- O’Malley, 2009–2011. Page 4. bipartisan-consensus-voting-rights- first State of the State, the Governor cre- 16. Maryland House of Delegates Joint restoration ated a bipartisan Maryland Redistricting Hearing on the Greenhouse Gas Reduction Reform Commission by executive order, Act—Reauthorization (HB610). February 26, and introduced legislation in 2016 to 2006. (Video mark: 6:13) Photo credits 17. http://governor.maryland.gov/ reinforce the charge of the group. Cover: Patapsco Valley State Park © Steve Lagreca, bill-signings/april-4-2016-bill-signing-1/ Governor Hogan won his race using Dreamstime.com; Larry Hogan courtesy of the Ex- 18. http://governor.maryland. public funding, and has pushed to ecutive Office of the Governor.Inside: Larry Hogan gov/2016/04/04/governor-larry-hogan-signs- replenish the Statewide fund. He passed courtesy of the Executive Office of the Governor; three-bills-into-law/ Blackwater Wildlife Refuge © Julie Burris; Wind legislation in 2015 that re-instated the 19. http://www.maryland-demographics. turbines © Graphic Stock; Jones Falls Expressway funding source for the program and com/counties_by_population © Jon Bilous, Dreamstime.com; Statehouse © Julie restored diverted funding in the FY17 20. http://mayor.baltimorecity.gov/news/ Burris; Ducks in Patterson Park, Lake Montebello budget. However, the Governor missed an statements/2015-06-25-mayor-rawlings-blake- and Thurgood Marshall Memorial © Jon Bilous, issues-statement-regarding-governor-hogans- important opportunity to excel in this cat- Dreamstime.com. Back cover: © Graphicstock decision egory, when he stayed silent on a Howard 21. http://www.baltimoresun.com/news/ Report card design by Julie Burris County ballot initiative that established opinion/editorial/bs-md-hogan-transportation- public funding for county elections. 20150624-story.html 9 / www.mdlcv.org Nonprofit Org. U.S. Postage PAID Annapolis, MD Permit No.1 30 West Street, Suite C Annapolis MD 21401 410-280-9855 www.mdlcv.org

For nearly 40 years, the non-partisan Maryland League of Conservation Voters has served as the political voice for the environment. We advocate for sound conservation policies, promote environmentally responsible candidates, and hold individual elected officials accountable through our scorecards and reports. Join us today at www.mdlcv.org.

LARRY HOGAN’S OVERALL GRADE: Needs Improvement

ENERGY AND CLIMATE CHANGE: ADMINISTRATION AND APPOINTMENTS: Needs Improvement Mixed NOx regulations: Poor Secretarial appointments: Good Public Service Commission appointments: Agency attrition: Needs Improvement Needs Improvement LAND PRESERVATION AND OPEN SPACE: Greenhouse Gas Reduction Act: Excellent Excellent Clean Energy Jobs Act: Poor Energy Agencies: Needs Improvement WATER QUALITY: Needs Improvement TRANSPORTATION: Phosphorous Management Pan: Mixed Needs Improvement Oyster sanctuaries: Needs Improvement Regulatory Rollbacks: Poor Red Line: Poor Purple Line: Mixed DEMOCRACY: Mixed Transparency and Oversight: Poor Election Law – Voting Rights: Poor Open Government and Redistricting: Good