Turbulence Over Storm Water Deal in Maryland

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March 16, 2010, Baltimore Sun

A deal to give some development projects a break from Maryland's new storm-water pollution regulations may not be settled just yet.

Sen. Paul G. Pinsky, presiding chairman of the legislative committee that reviews regulations, has written a letter to state Environment Secretary Shari T. Wilson saying the agreement announced last week raises "many questions," and he wants answers. His questions could cause trouble, since the Joint Committee on Administrative, Executive and Legislative Review has the power to veto emergency regulations, which are key to carrying out the deal.

Builders, local officials and representatives of some environmental groups said last week that they'd reached what they called a compromise on the regulations, which were unveiled last year. The rules, which require developers to do more to control polluted runoff, had riled builders and local officials, who complained they would make some projects too costly to construct. They said they'd have to revamp projects already begun using the current, less stringent requirements. And they warned that redevelopment would be discouraged, undermining the state's Smart Growth anti-sprawl efforts.

The parties agreed to "grandfather" an unknown number of developments already under way or with at least preliminary approval from local governments. They also agreed to ease requirements on some redevelopment projects. The changes would have to be made via emergency regulations to avoid the original rules from taking effect on May 4. Wilson's Department of the Environment sent the emergency rules to Pinsky's committee at the end of last week.

Activist involved in reaching the deal said it was needed to avoid the risk that worse changes might get pushed through the General Assembly this year. But the deal has split environmental activists, with some arguing that it was unwise to give in, considering the growing harm storm-water runoff is causing to streams and the Chesapeake Bay. They also contend that bills granting concessions to builders and local officials would never pass the Senate.
Pinsky, a Prince George's County Democrat, is one of the legislature's most ardent environmental advocates. He was not party to the negotiations, which were guided by Del. Maggie McIntosh, a Baltimore Democrat who is chairwoman of the House Environmental Matters Committee. Pinsky says he's troubled by the changes in the rules.

"I'm not real comfortable with them," Pinsky said. While developers had raised some valid concerns, he said he was concerned that the deal went too far. "As it is now, I wouldn't be able to sleep at night." Though he said he was not prepared to "blow up the agreement," Pinsky said he wants more information and possibly some tweaks to the rule changes. Of particular concern, he said, was how many development projects in the planning pipeline would be allowed to go forward under the deal using less stringent runoff controls, with up to seven years to actually begin construction. "Are there 75 or 7,500?" he asked. "I believe in data-driven decision-making. Here we are making a major change in the regulations and no one has a clue on how it changes things on the ground. It astounds me."

McIntosh, who had pressed for a compromise to avoid a legislative battle over the storm-water rules, said she hoped that Wilson, the environment secretary, would be able to provide Pinsky with satisfactory answers to his questions. She said she hoped that Pinsky would allow the rules to come before the committee. Asked if the deal could be revised without falling apart, she said, "It depends on what he's talking about."