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.