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Stormwater runoff an issue for lawmakers as session opens

MARYLAND—As the General Assembly convened on Jan.8, Eastern Shore legislation watchers seemed focused on legislation to modify a new regulation on chicken waste, the so-called “rain tax” intended to curb stormwater runoff, and a possible new “chicken tax” on commercially produced poultry.
Del. Addie C. Eckardt (District 37B), who chairs the Eastern Shore Delegation, is in the process of sending a letter to request a meeting with Gov. Martin O’Malley (D) to discuss a second regulatory bill to implement a new Phosphorus Management Tool to measure nutrients from chicken manure.
In the letter, which was dated Jan. 6, Eckardt pointed out that agriculture is a major Maryland industry and the largest on the Eastern Shore. “The shore continues to lag behind with job creation, and unemployment is still higher than elsewhere,” according to Eckardt.
“Our farm families are worried and should not have to live under the fear of being put out of business,” the letter stated. “We need your help as we continue to work with all parties involved to find reasonable solutions to maintain a sustainable and growing economy on the Shore while improving the condition of the Chesapeake Bay,” Eckardt said.
In the letter, she asked the governor to allow the poultry and dairy sectors time to adopt the changes required by the new PMT in a manner that will not disrupt the industry and /or jeopardize current accomplishments.”
The Maryland Department of Agriculture last October issued a proposed amendment to a previously published regulation that would change the method for calculating the amount of phosphorus farmers would be able to apply to their fields by using poultry litter.
The revised proposal gave farmers an additional year to transition from using an existing phosphorus site index, which is used to determine the level of phosphorus movement at a farm site, to the PMT, which officials said analyzes areas where excess phosphorus is present in the soil and identifies where a high potential for phosphorus loss exists. During the phase-in period, farmers affected by the proposed rule were directed to use both the current method and the PMT.
In Worcester County, 113 farm operations would be covered by the proposed rule, which would affect farm operations that either generate at least $2,500 in crops or raise least 8,000 animals in a single year.
According to Eckardt, several of the phosphorus reducing BMP’s [best management practices] such as irrigation management, cover crops, poultry litter treatment and precision agriculture techniques, which Maryland farms already use, were are not calculated in the current model.
“The current model only calculates nitrogen reduction and provides no credit at all for nutrient management plans based on phosphorus limitation rather than traditional nitrogen based plans,” she said.
William Satterfield, executive director of Delmarva Poultry Industry, Inc., said during a Jan. 13 interview he was very pleased that the delegation was working on behalf of the commercial chicken growers. “We are waiting to see what the newest version of the proposed regulation will have,” he said.
Satterfield said the industry will be supporting legislation sponsored by Sen. Jim Mathias (38B) that calls for an economic impact analysis on the PMT (SB 27). The proposal would help answer the question of what the economic impact of the regulatory tool would be before implementation, he explained.
The industry will also support legislation by Del. Michael McDermott (R-38B) that would broaden the current requirement that economic impact studies be conducted on emergency regulations to expand to all regulations.
The poultry industry will continue to monitor legislative action for proposals that would expand the reach of the newly enacted “rain tax” beyond the nine covered jurisdictions. According to a DPI newsletter, “There are reports that legislation will be introduced to expand the rain tax to include all Maryland counties and conversely there will be legislation to eliminate the state–required stormwater taxes.”
The newsletter stated, “Our policy is that DPI will oppose any legislation that expands the rain tax to include agricultural properties.”
The trade association vowed, “We’ll oppose other anti-chicken industry bills that will re-appear in 2014. We’ve fought them in the past and will continue to oppose them.”
For Satterfield that could mean a rumored “chicken tax,” which he described as a possible per-chicken levy on what would be imposed on companies that have contracts with farmers to raise chickens.  
Eckardt, in a recent press release, summed up the pre-election atmosphere, which likely will place additional pressure on incumbent legislators during the 2014 session. Candidates who are not currently serving in the legislature will be campaigning during session, raising funds and other activities that current legislators are prevented from doing by law, she said. February is the filing deadline, followed by June primaries.
“Mix in the fact that the Maryland Legislature has passed numerous taxes and fees on just about anything and everything,” Eckardt said.  “On the Eastern Shore, businessmen, watermen, and farmers are concerned about increasing regulation without sound reliable science and practical, reasonable economic solutions,” she added.
Health premiums are increasing as is the anxiety in the health delivery system in the face of healthcare reform, according to Eckardt. “Rural counties, towns and cities are struggling with the elimination of 90 [percent] of the local highway user revenues, and the additional costs of teacher pensions, once state funded  and K-12 educational funding,” she said.
Meanwhile, O’Malley and Lt. Gov. Anthony Brown announced a Jan. 14 rally to kick off “Raise Maryland,” their campaign to increase the minimum wage in Maryland. According to the announcement, hundreds of minimum wage supporters would join the lawmakers in support of proposing to increase the state’s minimum wage during the upcoming 2014 session of the Maryland General Assembly. 
Approximately 472,000 Marylanders would benefit from the increase.