District 6 delegation sees success with Night in Annapolis, bill passage

(Originally published in The East County Times, Vol. 20, No. 25 [March 26, 2015], pages 5 + 7)
- By Emily Blackner -

The General Assembly delegation from District 6 and 7 welcomed constituents to Annapolis on Monday night, March 23, for the District Night in Annapolis.

This free event was designed to give residents of the district the opportunity to meet their elected officials where they do their work and to observe a General Assembly session. From 6 - 8 p.m., a reception was set up in the Thomas V. Mike Miller Senate Office Building’s President’s Conference Center for visitors to eat food and meet fellow District residents. The elected officials milled about the room speaking to the voters, who came out in large numbers; the room was standing-room only for portions of the night with over 175 constituents in attendance. There were also slideshows featuring facts about the delegates and senators, the General Assembly in general and the legislation introduced this session.

The evening was hosted by the entire District 6 and 7 Delegation, but Sen. Johnny Ray Salling (R-6) spearheaded the effort. “On behalf of myself and Delegates Metzgar, Long and Grammer, we want to thank each and every one of our constituents who joined us for District 6 Night in Annapolis,” Salling stated. “It was a great success and we hope to continue hosting events like this for the hard-working residents of the sixth district for years to come.”

The delegation also welcomed Lieutenant Governor Boyd Rutherford as its special guest for the evening.

“It’s good to be here- well, it’s good to be anywhere, but I was pleased to accept this invitation from these fine representatives,” Rutherford said.

Other notable attendees were 7th District County Councilman Todd Crandell and Al Mendelsohn, chair of the Baltimore County Republican Central Committee.

Senators Salling and J.B. Jennings (R-7) attended for most of the night; however, the House of Delegates was called into session earlier than originally planned, so Dels. Ric Metzgar (R-6), Bob Long (R-6), Robin Grammer (R-6), Kathy Szeliga (R-7), Pat McDonough (R-7) and Rick Impallaria (R-7) had to leave early to attend.

“The House is going in a little early, and that always makes me a little nervous thinking of what they will get up to,” joked Rutherford.

That evening’s session addressed several topics, including a discussion of fracking in Maryland as well as a second reading vote on HB 644, the Welcome Home, Stay Home Act, which was introduced by Del. Metzgar. The bill authorizes county, municipal and city governments to grant a tax credit for senior citizens age 65 years and older who have lived in their homes for 40 years and for all retired members of the armed forces aged 65 or older. The credit would last for up to five years and equal as much as 20 percent of the total property tax assessed. Monday’s vote cleared the way for a third and final reading, which took place on Tuesday morning and resulted in the measure’s passage by a vote of 138 - 0.

“It passed unanimously; not a single red dot was on that board,” Metzgar said. “The word that comes to mind is ‘awesome.’ It was something that I ran on; I’m a strong advocate for veterans and an even stronger advocate for seniors.”

The bill’s initial title is the Welcome Home, Stay Home Act because when first introduced in February, it also included people who had previously resided in Maryland, left the state and then returned in its list of individuals who would be eligible for the tax credit. That version made it out of the Ways and Means Committee with only three “nay” votes, but the general House membership expressed concerns and the language about returning residents was removed from the bill after its first reading.

“They struck a couple of things, but it’s still a workable bill. The important thing to know is you got a bill through by a freshman delegate,” Metzgar said. He also noted that the individual counties and municipalities can decide how - or perhaps whether- to grant the credit.

The bill will now be introduced in the Senate and follow the same process.

“They seem to be moving pretty fast,” Metzgar said of his colleagues in the other chamber. “Now I’d want to urge people to call their senators and ask them to support House Bill 644.”

County Council votes to reduce “rain tax;” amendment for repeal fails

(Originally published in the East County Times, Vol. 20, No. 22 [March 5, 2015], page 1 + 6)
- Article & photo by Emily Blackner -

At its March 2 meeting in Towson, the Baltimore County Council voted to reduce the amount charged for the stormwater remediation fee, commonly referred to as the “rain tax.”

The Council unanimously passed bill 9-15, which will lower the fee collected in each category by about a third, from $39 to $26 for single-family homes and mobile homes, from $21 to $14 for attached homes and from $32 to $22 for condominiums. For businesses and nonprofits, the rates will fall from $69 to $46 and $20 to $14, respectively, for each 2,000 square feet of impervious surface on the property.

Although the Council’s vote was unanimous, the meeting was not without discord. Councilman Todd Crandell (R-7) introduced two amendments to the bill, one of which would have reduced the fee down to one cent

“This amendment effectively zeroes out the stormwater remediation fee,” Crandell described. “This fee, in my opinion, unfairly targets Baltimore County employers. We pay a lot of lip service to business-friendliness, and this is an opportunity to put our votes where our mouths are.”

Speaking in support of the measure, Councilman Wade Kach noted that the county is running a surplus in its rainy day and emergency funds which could be used to pay for the stormwater remediation projects currently funded by this fee.

Councilman Tom Quirk argued that these funds are already earmarked to fund school construction and upgrades in future fiscal years, and that those projects are at risk if the fee is lowered any more than the one-third proposed.

Councilman David Marks (R-5) acknowledged that he voted against the initial bill imposing a fee, but said he had concerns about the amendment. “One of them has to do with the mechanics of lawmaking,” he explained. “If we pass this and the County Executive vetoes it, and there aren’t the five votes to override, we’re stuck with the current rates.”

Council Chair Cathy Bevins (D-6) agreed, stating that she had confirmed with the administration that the amended bill would be vetoed. “I am not going to risk the reduction,” she declared. “I think the constituents want real relief. All or nothing is not good governing and real relief is better than a failed repeal.”

Crandell responded, “I disagree with the contention that we will somehow miss out on the one-third reduction, because there is still time to introduce a new bill. We could put in another bill on our own.” 9-15 was submitted by Bevins at the request of County Executive Kevin Kamenetz.

In the end, the Council agreed with Bevins’s view and the amendment failed 2 - 5. Crandell and Kach were the two “aye” votes.

A second amendment introduced by Crandell stated that should the General Assembly change the state law mandating that the county initiate a fee, the County Council would review this issue again. That amendment passed unanimously.

Before voting to approve the reduction, the Council heard from Vince Gardina, director of the Department of Environmental Protection and Sustainability, who testified before the Council that the one-third reduction would still provide enough money to fund the county’s stormwater remediation projects. Gardina had previously spoken with the Council during the Feb. 24 work session when Bill 9-15 was first discussed. There, he explained that, as the stormwater remediation program underwent a review, the expert panel was able to pinpoint approximately $8 million in savings from the initial $34.4 million cost estimate. This gave the county the opportunity to propose the reductions.

“We absolutely can meet TMDL goals [even with these reductions],” Gardina assured. “This would not mean cuts in implementation of the projects to reduce the pollutant load.”

However, he did note that under the new rate, the projected revenue would be $16.4 million, which is close to the $16.3 million projected cost of the projects the county will undertake. “So any lower and we have to take from the general fund or somewhere else,” Gardina asserted.

“This is not a political issue,” Gardina declared at Monday’s meeting. “You have to realize that no matter who’s in charge at the state level or who’s in charge at the federal level, this is an order by the federal courts on a law that’s been on the books since the 1970s. We don’t have an option.”

The stormwater remediation fee was imposed after a federal court case brought against the Environmental Protection Agency (EPA) by the Chesapeake Bay Foundation over its lack of enforcement of the Clean Water Ac of 1972. The case was settled when the EPA agreed to enforce the total maximum daily load (TMDL) restrictions on pollutants heading into the Bay. The projects funded by the fee are designed to reduce the amount of the pollutants nitrogren, phosphorous and suspended sediment through restricting the runoff of polluted water.

Gardina had told the Council that the other counties that do not have a fee or who have a very minimal one are out of compliance with the EPA regulations and could face fines of up to $10,000 a day and a denial of the MS4 permits used for new construction.

“I spoke with the EPA director for Region 3, and he said that they are giving some flexibility up front to allow the programs to get ramped up, but I think they are limited in that flexibility,” Gardina said. The county attorney confirmed on Monday that defiance could lead to litigation.

In the end, it was this view, as well as the unanimous desire of the Council to maintain a healthy Chesapeake Bay, that won the day and led to the defeat of Crandell’s repeal amendment.

“The other counties seem to be thumbing thier noses at the state,” Councilman Quirk said. “But I think Baltimore County should be commended for following the rules. And I am willing to pay my fair share for a clean Chesapeake Bay.”

House of Delegates members offer legislative update

(Originally published in the East County Times, Vol. 20, No. 22 [March 5, 2015], pages 2 + 5)
- by Emily Blackner -

With the 2015 legislative session just over a third completed, the East County Times reached out to several local Delegates to find out what they have been able to achieve so far.

District 6

With all three of its delegates freshman, and all three Republicans for the first time in memory, the District 6 contingent had to “hit the ground running,” according to Del. Ric Metzgar.

He is the primary sponsor of three bills and co-sponsor of dozens of others. Among them is a proposal for a toll plan for the Francis Scott Key Bridge, calling for commuters to be able to pay a flat $20 for a two-axle vehicle to make unlimited trips over the bridge.

“It’s exactly the same toll plan as they have at the Hatem Bridge in Harford and Cecil counties,” he explained. “I feel our residents deserve the same benefits. We want to save them money however we can.”

Metzgar is also the driving force behind the Welcome Home, Stay at Home Act, HB0644. The bill calls for a property tax credit of 20 percent to be granted by counties, cities and other municipalities to seniors over 65 who have lived in their home for 40 years, retired military personnel and people who lived in Maryland within the last ten years, then left the state and have now returned.

“We want to bring people back home where they belong and have them spend their money here,” Metzgar declared.

The credit would be granted for five years as the legislation is currently written, but Metzgar hopes that the committee will amend the proposal to extend that time frame. The process began on Feb. 25 when the bill had its first reading.

Metzgar noted that he had bipartisan support for all of the bills he submitted. He also said he feels there is bipartisan support and momentum for a repeal of the stormwater management fee, known as the “rain tax,” which was a campaign promise for many of the Republicans elected last November.

Robin Grammer, Metzgar’s colleague, is also advocating for a “rain tax” repeal. His other main focus this session is on gun rights; specifically, he has a bill in that would repeal parts of SB231 of 2013, Gov. O’Malley’s gun control bill.

“That bill basically criminalized the ownership and sale of certain firearms in this state,” Grammer explained. “It’s a big issue we ran on; I am very much in favor of gun rights and a lot of people here are, too.”

The bill has been titled the Firearm Decriminalization Act of 2015.

Grammer is also the primary sponsor of the Junior Advancement via Association Act, which is a complicated name for a relatively simple problem: the closure of the student-run coffee shop at Patapsco High School last year. Grammer explained that federal laws prohibited the sale of caffeinated beverages but that the coffee house was a valuable way for the students, many of them with special needs, to gain work and social skills. The bill would apply to any similar program at any Maryland school, not just Patapsco.

“It’s like a one sentence bill, but just that required about 10 to 15 manhours,” he revealed. “We had to consult with the Attorney General’s office and just do a lot of legwork. There’s a lot of work that goes on in the background that people don’t see.”

In spite of the demanding nature of the job, Grammer is enjoying it and looking forward to casting votes as that process ramps up.

“This year will be primarily consumed by budget, taxes and jobs,” he explained. “We’ve gotta be realistic about what we’re gonna be able to do down here, so we wanted to keep it relatively simple for the first year.”

District 8

As one of only a few veteran legislators to make it through the election, and the only remaining Democrat from eastern Baltimore County on the House side, Eric Bromwell is finding the biggest adjustments to be working with other members of his own party.

“It hasn’t really changed anything about the way I work,” he explained. “District 8 has always been a split district. But the biggest challenge, unfortunately, is that a lot of the Democrats who lost are from moderate areas, like me. So I went from having a group of people to count on to stick up for a more moderate approach to taxes and fees to losing some of that with the more tax-and-spend people here.”

He is instead working to build coalitions with Republicans in the chamber, mindful of some of the Republicans who served as mentors to him when he was just starting out in Annapolis. “I am very supportive of all my colleagues and try to be helpful to them. It helps get work done, but I also think it’s important that people have someone to go to to help slow it down a bit when things get hectic.”

On the policy side, Bromwell has sponsored 12 bills and co-sponsored many others. A few of these bills attempt to address the growing heroin epidemic in the state, calling for a Opioid Use Disorder Consortium and an overdose response program.

There is also HB0898, which is a follow-up to legislation passed last year to allow first responders to carry naloxene, a medication that can reverse a heroin or other opioid overdose.

“That bill, which I put in with the help of the state police, would give [additional] legal protection to police officers carrying the naloxene. The police didn’t feel the protection was enough,” he said.

Bromwell is also the primary sponsor on a measure to allow slots at BWI airport. He has introduced this measure before, he said, but it fell short of passage.

“I don’t know if the new administration will be opposed,” Bromwell said. “The new governor might recognize that he has a new form of revenue in front of him.”

The slots would be located inside the terminal itself, “so you couldn’t drive to the airport just to play them,” Bromwell noted. “It’s designed to capture money from people flying into and out of Baltimore.” The funds would be used to replenish the Transportation Trust Fund.

Maryland law means that even if the bill passes both chambers, it would still go before the voters as a referendum. Bromwell said he has this session and the next to get it passed in time for the 2016 ballot. “I’m very, very confident that the voters would uphold this,” he declared.

While Bromwell has focused on heroin crisis, fellow District 8 delegate Christian Miele has been studying another issue in the news: redistricting reform. He has submitted a bill to address the flaws in Maryland’s current system, which results in highly gerrymandered districts.

“I call it a good government plan because I don’t think there should be partisanship or gamesmanship involved in popular representation,” he asserted.

Miele’s plan would call for districts to be drawn starting from the lower eastern shore and to be as compact and concise as possible, using natural boundaries like major roads, rivers and municipal lines to help form the district boundaries. It would also call for only two-member districts, because the current system means that citizens in three-member districts are, on paper at least, receiving closer representation because each member represents fewer citizens. The districts would be drawn by a committee featuring Democrats and Republicans from the House and Senate as well as registered voters affiliated with each party and those unaffiliated.

“We have a great opportunity in Maryland to be the national leader in showing that any partisan drawing of district lines is antithetical to democracy,” Miele declared.

However, he does not believe that his bill will advance, he admitted. “I think the governor is positioned to issue an executive order to create a commission to study this issue, and I think the legislature will give him the leeway to do that.

“I am hopeful to be appointed to that commission,” he added. “I’ve made it known around here that I would love to serve to at least bring all of my research to the table.”

Miele is also the primary sponsor of the Animal Shelter Standards Act of 2015, which is adapted from the CAPA ( Companion Animal Protection Act) model legislation specifically to meet Maryland’s needs.

“This is probably one I’m most proud of,” he admitted. “A lot of taxpayers assume that county shelters are more rescue-oriented, but that’s not the case.” Instead, county shelters, including Baltimore County’s, have very high euthanasia rates.

“This was an issue I began hearing about on the campaign trail when I was door-knocking,” he explained. “And then I found out it’s not just a Baltimore County issue, that concerns were raised in other jurisdictions as well. People want the shelters to do more to avoid euthanizing.”

The Animal Shelter Standards Act will receive its first hearing on March 4.