By Zenitha Prince
Capital News Service
Friday, March 12, 2004
ANNAPOLIS - Gov. Robert Ehrlich's sewer surcharge bill has drawn
support from swarms of environmentalists, businesses, government
officials and citizens, all wanting to jump on the bandwagon, and
its success appeared to be guaranteed.
But some fear that the list of amendments proposed for the measure
may derail the legislation, and that in this case, overpopularity
may mean the death of a good bill.
"The governor prefers not to see the bill become a Christmas
tree with dozens of amendments hanging off of it," said Ehrlich
spokesman Henry Fawell. "We can't let the perfect be the enemy
of the good."
The proposed legislation would levy a $2.50 monthly surcharge on
household sewer bills and related charges on businesses to upgrade
the state's wastewater facilities with an eye to reducing nutrient
deposits in the Chesapeake Bay. The measure could remove about 7.5
million pounds of nitrogen from the bay annually, the administration
said.
Many bills receive this much backing, said Cleanup Coalition Chairman
Terry Harris, "but I have never seen it quite like this before."
About four years ago, a similarly popular brownfields bill died
in the last minutes of session through excessive changes, Harris
said.
"It's the kind of (situation) where everyone realizes, 'This
is a good bill,' and with all of that support you want to take advantage
of the opportunity," he said.
Some have asked that the fund include provisions for a crop cover
program, a centuries-old technique of integrating soil-enhancing
crops between harvests to decrease erosion and nutrient runoff.
Others say this is a rare chance to deal with Maryland's disproportionately
unclean air.
"This administration is taking a little baby step when they
have the opportunity to take a huge step," said Sen. Sharon
Grosfeld, D-Montgomery.
But the most controversial ornamentation is a push to clean up septic
tanks, which some lawmakers say will force their opposition of the
bill.
"We want to make sure septics are included," said Gigi
Kellett of Maryland Public Interest Research Group, adding the amendment
would "strengthen the bill so that the Legislature can only
pass it."
Bay cleanup has to be taken "one step at a time," said
Sen. Richard Colburn, R-Caroline, and any plans to include septic
tanks would not be "well thought out at this time."
Colburn also threatened to retract his co-sponsorship of the bill
if the measure was added.
But including the estimated 400,000 septic users could net about
$12 million annually, which could partially fund a cover crop program,
said the Chesapeake Bay Foundation.
Taxing septic tank users is part of finding "the fairest way
to spread the cost among the most people" and reduce individual
fees, said Paula Hollinger, D-Baltimore County, chairwoman of the
Senate Education, Health and Environmental Affairs Committee.
Hollinger said she was especially concerned for Baltimore City's
poor, whose sewer rates already were increased 48 percent since
1998 to meet Federal and State Consent Degree standards.
But Republican lawmakers say the push is really the Democrats' attempt
to topple the legislation.
"(These are) all moves by the Democratic Party to defeat the
bill or to take credit away from the governor and his administration,"
Colburn said.
And the bill was "narrowly tailored to deal with one source
of pollution," Ehrlich policy adviser Bernie Marczyk told the
Senate committee, and including other measures could "fog the
issue."
Making the inclusion of septic tanks a make-or-break issue is a
matter of concern, said foundation Maryland Director Kim Coble,
but she is "optimistic."
And she may have cause to be.
Many organizations say they will support the bill with or without
septics.
And the House Environmental Matters Committee set a precedent for
bipartisan agreement Thursday, unanimously passing its version of
the bill, which included septic tanks.
The draft bill included other proposed amendments to change the
criteria for awarding grants, to exempt residents who cannot afford
the surcharge and more, while many others were rejected.
But the legislation's success in one committee does not assure passage
on the Assembly floor, where partisan politics and constituent loyalties
are much more intense.
But despite the divided loyalties, the bill will likely get through
the Legislature because of its central theme, Coble said.
"What nobody is debating is that we need to do something about
nitrogen loading in the bay," she said.
And because of the legislation's potential impact on what is arguably
the state's greatest resource, Chesapeake Bay Commission's Ann Swanson
pleaded with lawmakers to take all necessary steps to ensure its
passage.
"This bill is worth working with to make it work," she
said. "Don't lose it this session."
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