Maryland Green Building and Environmental Legislation: A 2010 Synopsis
The official end to the 2010 Maryland legislative session came on midnight of April 12, 2010. In the interim time period, several bills that had passed both the House of Delegates and the Senate have been signed by the Governor and have become law. Others are still waiting either for the Governor's signature or to become law after the veto period expires after presentment to the Governor.
There were a lucky few that passed both the House and the Senate, including a bill requiring counties to develop recycling plans for fluorescent and compact fluorescent lights; a bill requiring state agencies to develop road salt management best practices; a bill establishing the Maryland Sustainable Growth Commission which will make recommendations on changes to state and local laws to achieve state smart growth planning goals; and a bill that reestablishes the Heritage Structure Rehabilitation Tax Credit Program as the Sustainable Communities Tax Credit Program.
- HB 685 Fluorescent and Compact Fluorescent Light Recycling - County Plans: This bill requires a county’s recycling plan to address a strategy for collecting and recycling fluorescent and compact fluorescent lights that contain mercury. The recycling plan must be revised to reflect the new requirements by October 1, 2011.
- HB 903 / SB 775 Transportation - Road Salt Management - Best Practices Guidance: This bill requires the State Highway Administration (SHA), in consultation with the Maryland Department of the Environment (MDE), to develop a road salt management best practices guidance document by October 1, 2011, for use by local jurisdictions and the State to minimize the adverse environmental impacts of road salt runoff in the State. SHA must update the guidance document annually and make it available online.
- HB 474 / SB 278 Smart, Green, and Growing - Maryland Sustainable Growth Commission: This Administration bill repeals the Task Force on the Future for Growth and Development in Maryland and establishes a Maryland Sustainable Growth Commission. The Commission will, among other tasks: make recommendations on the adequacy, coordination, and implementation of funding mechanisms and other State assistance for planning activities and infrastructure and land preservation needs; promote planning coordination and inter-jurisdictional cooperation; evaluate the continuing viability and effectiveness of specified smart growth indicators and recommend changes; develop and assist with smart growth educational and outreach programs; and recommend changes in State law, regulations, policies, and procedures necessary to achieve State planning goals.
- SB 285 / HB 475 - Smart, Green, and Growing - The Sustainable Communities Act of 2010 This Administration bill reestablishes the Heritage Structure Rehabilitation Tax Credit Program as the Sustainable Communities Tax Credit Program, extends the program’s termination date through fiscal 2014, requires the Governor to include an appropriation to the commercial program in fiscal 2011 through 2014, and alters eligibility requirements for the program.
There were also some important bills that didn't pass both the House and the Senate, including a bill amending the High Performance Building Act which would have officially recognized the Green Globes program as a LEED "equivalent"; and a bill that would have cost developers some "green" in stormwater remediation fees.
- SB 479 High Performance Buildings - Green Globes Program: This bill broadens the definition of a high-performance building to include any building that achieves at least a two-globe rating according to the Green Globes Program adopted by the Green Building Initiative (GBI). It also requires the Governor to appoint an equal number of members associated with the Green Globes program and the Leadership in Energy and Environmental Design (LEED) program to the Maryland Green Building Council.
- SB 686 / HB 999 Watershed Protection and Restoration Act: This bill requires each county and municipality, by July 1, 2011, to adopt local laws or ordinances necessary to establish an annual stormwater remediation fee and a local watershed protection and restoration fund to provide financial assistance for the implementation of local stormwater management plans. The bill also establishes specified reporting requirements for local governments and the Maryland Department of the Environment (MDE). MDE is authorized to adopt regulations.
All in all, there weren't very many environmental or green building bills that will specifically impact builders and developers (with the exception of the emergency stormwater regulations relating to extending the grandfathering period for certain projects which have been covered in prior posts).
