Informally making it formal?

When you stop laughing, hear me out.

It’s only been two months since he left office, but I think we can all agree our somewhat esteemed former governor is all but an official announcement away from throwing his hat into the 2016 Presidential ring. And when you consider that Hillary Clinton is continually being tarred by scandal after scandal (Benghazi and her e-mail questions) and blunder after blunder (the Russian “reset” button and discussing the “fun deficit”), Martin O’Malley almost looks sane. Come on, what else do you have on the Democratic side – the gaffe-prone Joe Biden? “Fauxcahonotas” Elizabeth Warren? One-term Senator Jim Webb of Virginia is the one who has the exploratory committee going, but the far left considers him a “Reagan Democrat” who they can’t support.

So when you see the above photo on the O’Malley Facebook page (which is where I got it) you have to ask if the “taking on powerful and wealthy special interests” message is meant for Hillary? After all, look how much the Clintons’ foundation has raked in over the years. And his message today about the presidency “not (being) some crown to be passed between two families,” would resonate with a lot of people who believed the propaganda about how disastrous the George W. Bush tenure was and are already tired of the constant turmoil surrounding the Clinton family.

Perhaps Delegate Herb McMillan put this best, noting, “Raising taxes on the poor and middle classes 83 times isn’t the same as taking on powerful wealthy special interests.” But it’s more than that.

Obviously the laughter among many who read this website comes from knowing how rapidly O’Malley would genuflect to particular special interests when it suited his purposes. Environmentalists got a lot of goodies during MOM’s reign: California rules on emissions, punitive restrictions on development in rural areas (via the “tier maps”), an ill-advised and job-killing moratorium on fracking, and of course the “rain tax.” Illegal immigrants, too, had a friend in O’Malley, but productive taxpayers – not so much. He also decided to work on legalizing gay marriage only after his electoral coast was clear in the state – if he had tried to run for re-election on the issue he would have lost the black vote in 2010. (Remember, that was before Barack Obama’s flip-flop on the issue.)

Say what you will about Martin O’Malley, but he is the lone Democrat openly considering the race who has executive experience – on the other hand, there are a number of GOP candidates who can boast the same thing: in alphabetical order there’s Jeb Bush, Chris Christie, Mike Huckabee, Bobby Jindal, John Kasich, George Pataki, Rick Perry, and Scott Walker. Depending on who the GOP puts up, the “experience” tag could apply to the Democrat. We’re not saying the experience would be a good one, but it is what it is.

Don’t be too shocked if the O’Malley’s March national tour makes a lot of stops in Iowa and New Hampshire. It’s his way of pandering to the special interests he cherishes the most, and if people are fooled by this sudden bout of populism it’s their own fault. Don’t say you weren’t warned.

Update: At Front Line State Jim Jamitis echoes these sentiments, with a great headline to boot.

Competitive advantage

On Friday I received the latest update from Newt Gingrich in my e-mail box. Even though I don’t always agree with him as to tactics – and his Presidential campaign in 2012 went nowhere but to Salisbury University – the one thing you cannot take away from him is the 1994 Contract With America, signifying a Republican resurgence in the post-Reagan era. And you have to respect him for thinking years or decades forward, such as he did in this case.

His piece on Friday looked at the economic prowess of states which did not collect an income tax in comparison to those that did. It even cited some of the same Art Laffer data that unsuccessful gubernatorial candidate Charles Lollar used in his pitch to eliminate Maryland’s state income tax.

But the part which intrigued me came toward the end, when he wrote about the effort by Vince Haley, a State Senate candidate, to eventually eliminate Virginia’s state income tax. Certainly it doesn’t have a great chance of success in the near term with a Democratic governor, but one has to ask what the effects would be if the commonwealth made it all the way down that path – and how would it affect us?

For nearly four years, a significant part of the time of my outside job has been spent on the Eastern Shore of Virginia. I’ve been over most of that strip from Chincoteague to Cape Charles for some task or other, but if you just pay attention to the drive along U.S. 13 you can see that the ESV is not the wealthiest area, nor are many ingredients for prosperity present. Compared to Virginia’s 4% population growth as a whole, the two counties which make up the Eastern Shore are leaking population, with Northampton County (the more southern of the two, closer to the Norfolk region) dropping by 2 percent and Accomack County (closer to Maryland) holding almost steady, with an estimated decline of less than 20 people in a county of just over 33,000.

By way of comparison, the two combined are less than half the population of Wicomico County, and there are good reasons for that: their geographic isolation at the end of the Delmarva Peninsula and a lack of job opportunities outside of the Wallops Island NASA station. Locally, their slogan is “You’ll Love Our Nature” and that is one thing the area can boast given its coastlines on Chesapeake Bay and the Atlantic Ocean are often less than 20 miles apart and meet at its southern tip.

Elected officials of all stripes are trying to increase business at the Wallops Island complex as they see the potential of unmanned space flights from the facility, with the prospect of good-paying ancillary jobs the spaceport creates. But the benefit of not having an income tax would likely be an influx of well-to-do retirees and others with the disposable income residents of the ESV currently lack. It may even be a better attraction than coastal Delaware and its lack of a sales tax, since those outlets are a relatively easy drive away from the northern reaches of Virginia’s slice of the peninsula.

Those who try to promote the area probably realize that prospects for certain types of businesses wouldn’t be very good because the ESV lacks some of the infrastructure necessary for manufacturing. But if the area becomes advantageous in a financial sense thanks to an elimination of the income tax, it can become a playground of sorts for affluent retirees who would like to slow down and enjoy a more rural lifestyle, allowing the remainder of the residents to share in that wealth. On the other hand I can also understand where many ESV residents may object to eliminating the state income tax, especially if they receive Virginia’s version of the Earned Income Tax Credit they call the CLI.

If all this came to pass, though, Maryland would be left in the middle, suffering from having a sales tax-free state siphoning off its retail industry and an income tax-free state choking off its wealth. (Don’t forget that an income tax-free Virginia may have devastating effects on the capital region of Maryland, too.) Of course, we can work to eliminate both those issues but it would take a larger sea change in philosophy than Annapolis has the stomach for.

It may not be the golden ticket to prosperity, but given the slow decline of our Delmarva neighbors to the south a drastic measure like eliminating their income tax may be the only way to resuscitate the area.

O’Malley PMT regs pass legislative hurdle

An amended version of the O’Malley Phosphorus Management Tool regulations passed the Senate Education, Health, and Environmental Affairs Committee on a 7-4 party line vote, setting it up for review by the full Senate at an unspecified future date.

You may recall that one of Larry Hogan’s first actions as governor was to unceremoniously yank the PMT regulations hours before the deadline for publication in the Maryland Register, only to come back a few weeks later with retooled regulations of his own. However, those regulations weren’t good enough for environmental groups and they’re supporting the original version as it winds its way through the General Assembly.

So while Hogan’s Agriculture Phosphorus Initiative regulations have been proposed (but not yet placed in the Maryland Register), the Democratic counterpart has moved a step closer to passage. It’s worth noting that the Senate is still 33-14 Democrat, so even if the one Democrat representing an agricultural area (Jim Mathias) breaks with his party it’s still likely to pass with a vetoproof Senate majority.

One change from the last election is the wipeout of most of the moderate, centrist Democrats in the General Assembly to be replaced by conservative Republicans. This will be key if the O’Malley PMT regulations make it through the process, as it’s likely Governor Hogan would veto them. With 50 House Republicans, the chances of a veto override in the House are much slimmer as only a handful of Democrats need to back Hogan and the GOP to sustain the veto. With seven more Republicans in that body, presumably they’re more reliable administration supporters than the Democrats they replaced.

Yet this uncertainty places a number of farmers, particularly on the Lower Shore, in a sort of administrative limbo as they can’t predict how the 2015 growing season will shake out as far as the usage of manure on their fields. We’re only a few short weeks away from planting for many farmers who don’t have winter wheat in their fields. Lower Shore farmers are especially affected because about 1 in 5 would face an immediate ban on applying manure to their fields under the Hogan regulations. (Many have already started, though, as the first of March brought the end of the state’s winter prohibition on the practice.)

Of course the agricultural community, forced to pick its poison, would prefer the Agriculture Phosphorus Initiative to the bill going through the General Assembly. (One important caveat, though: SB257 was passed “with amendment” but the amendments weren’t available as I wrote this.) But the General Assembly bill would take precedence over any regulations Hogan writes, so it wouldn’t be surprising to hear that April 14 can’t come quickly enough for that community.

The law of unintended consequences strikes again

One hopes this will be a cruel April Fools’ joke, but for many on the Eastern Shore it may only be a cruel reality.

Delegate Christopher Adams shared the bad news:

United Health Care has decided to dramatically narrow their network of pharmacies on the Eastern Shore effective April 1st. This new decision will cause residents to drive upwards of 30 miles to get a prescription filled and be the end of the local pharmacy.

It appears that this is another one of those “hidden” consequences of OBAMACARE and Gov. O’Malley’s decision to make Maryland first with implementing OBAMACARE.

Nevertheless, driving 30 miles to get a prescription filled by one of the State’s “favored” pharmacists is wholly unacceptable. I am meeting with United Health Care tomorrow in a first step to ultimately reverse or greatly modify this decision.

According to a source in the know, the Maryland Department of Health and Mental Hygiene sets the criteria for considering a patient to be “covered” and it depends on their location, stating,”as long as pharmacies are within 10 miles in urban, 20 miles in suburban and 30 miles of patients in rural communities the standards for access to care are met.” So if you are in a town like Crisfield, where the nearest “chain” drugstore is the Rite Aid in Princess Anne or Pocomoke City – each about 20 miles away – you are “covered” but it’s not nearly as convenient as a local independent pharmacy. On the Lower Shore stores of the big three chains (CVS, Rite Aid, and Walgreens) are only found in Berlin, Cambridge, Delmar, Ocean City, Pocomoke City, Princess Anne, and Salisbury. It leaves large coverage gaps in rural areas which may have a pharmacy no longer used for the Medicare programs.

Obviously United Healthcare can choose whoever they want to be in their networks. But the problem with the health care system we are slowly, surely, and not necessarily willingly adopting is that cost is the primary consideration, not patient care. It’s been true ever since we’ve had a third party paying for our medical expenses, but it wasn’t so long ago that we had many more options for our care. Those days are now over as some former providers have left the state, leaving us with fewer from which to choose.

What Adams points out is that Martin O’Malley’s decision to jump right ahead with a fairly restrictive state exchange is now making life more difficult for the people it was supposed to help. Obviously there’s a lot of recovery needed on a national scale just to get back to a system which most were satisfied with, even though some chose not to participate by not purchasing health insurance and some could not afford it. Now while everyone is supposed to have health insurance (or pay a tax penalty) we find that care is even more expensive and difficult to obtain.

Chris isn’t going to get a lot of answers, I’m afraid, because it appears the die has been cast. And as a state legislator his impact on the national argument is small. But even if some of the independent pharmacies in under-served areas are added back in, it would be a step in the right direction. There may be a chain drugstore on every corner in Salisbury, but some of the smaller towns still cling to their local drugstore because it’s a sufficient size to cover the small market of a little village.

Thirty miles is a long way to go to get a prescription. That may be necessary for a need late at night or on a weekend, but for most refills and common items it shouldn’t be a requirement.

Local Democrats make big claims to receive handouts

Fresh off a shellacking where their statewide standard-bearer had his doors blown off locally by 30 points and only two of their eleven state race contenders won - one by just 30 votes locally and the other in an ostensibly non-partisan race – the Wicomico County Democratic Party finds itself in somewhat desperate financial straits. So in order to raise a little money, the party is making some claims which have to be seen to be believed – and I’m going to show you.

Let’s go through this a little bit at a time, shall we?

Maryland voters decided to “Change Maryland” last November, with the election of Larry Hogan as Governor. However, with only a month in office, Hogan is already proving himself to be just another Tea party Republican.

Perhaps the idea was to indeed elect a TEA Party Republican, rather than four more years of the O’Malley/Brown debacle? We certainly were due for a change.

And as far as the TEA Party goes, it’s worth recalling that TEA is actually an acronym that stands for “Taxed Enough Already.” We heard for three-plus years about all the tax increases put in place by the O’Malley/Brown administration so people naturally decided enough was enough.

But they continue:

Here are just a few of his first actions:

  • Slashing education funding – $1.9 Million from Wicomico County alone
  • Recklessly raiding over $2.5 Billion from our Transportation funding
  • Eliminating programs that help to keep the Bay clean

Apparently I’m supposed to take their word about these so-called cuts, since there’s no context or backup information provided.

I will not profess to be an expert on the state budget; however, I did look under public education and on all three line items I found for Wicomico County:

  • “compensatory education funds to local school systems based on Free and Reduced Priced Meal Eligibility counts” goes from $37,322,878 actual in 2014 to $38,615,082 for 2015 estimated – an increase of $1,292,204.
  • “additional support for students with limited English proficiency” goes from $3,092,879 actual in 2014 to $3,407,287 for 2015 estimated – an increase of $314,408.
  • the automatic supplement to counties “which have less than 80 percent of the statewide average wealth per pupil” goes from $3,670,117 actual in 2014 to $4,579,323 for 2015 estimated – an increase of $909,206.

By my count that’s an increase of $2,515,818. It appears the Hogan administration is well taking care of those things it needs to, prioritizing at a time when the state had to address a $750 million structural deficit.

I still haven’t figured out where the $2.5 billion “raid” to transportation funding is – the repeal of the automatic gas tax increase would save consumers nearly $1.56 billion over the next five fiscal years. We know Democrats own tax increases, so perhaps they bemoan that “lost” revenue to the state.

As for the elimination of programs for the Bay, I’d like to know precisely what they are referring to. They’re getting the PMT regulations so they should be happy.

Anyway, let’s continue.

And the story is the same in Wicomico County where Larry Hogan’s Tea Party partner, Bob Culver, is becoming the anti-education County Executive by refusing to fund a new building to replace the clearly antiquated West Salisbury Elementary School and scraping (sic) completion of the Bennett High School athletic complex.

Obviously the WCDCC has little concept of debt service. It would be one thing if the county could reach into its pocket and fish out $40 million for a new elementary school but the idea of pulling out the county’s credit card to put yet another multi-million dollar expenditure on it doesn’t appeal to the new County Executive. Just like they did in electing Larry Hogan, county voters wanted a change in direction from the former administration.

Instead, the county will improve the school in the areas where the need is greatest, with the list compiled through a consultation with experts and school officials. It may not be the “new” West Salisbury Elementary, but it will be an improved one. Perhaps that approach would have saved the county a lot of money with the former Bennett High School.

As for the Bennett Middle situation, completion of the athletic fields would not be “scrapped” (as the letter should have said) but simply placed in a different area of the site. The former Bennett Middle would be repurposed for office space, allowing the opportunity for the county to consolidate some of its operations. The change still needs the approval of County Council.

Picking back up, with the sad trumpet appeal for funding:

This isn’t the change I voted for in November, and I know you didn’t vote for this, either. We need your help to fight back. We cannot elect more Democrats in 2018 without your support over the next four years. Every dollar you donate to the Wicomico Democratic Central Committee goes to funding our efforts to recruit and help good local candidates.

Most importantly, your donation goes to helping us communicate our party’s values to the voters… personal responsibility, educating all of our children, cleaning up the Bay, protecting our agricultural community, equality for ALL, supporting local businesses, and protecting the Middle Class… and we need your support!

Actually, I did vote for some of this change. Unfortunately, I couldn’t change enough members of the General Assembly to make the total difference that’s needed – although my personal representation in the House of Delegates got a whole lot better.

But if the WCDCC wants to elect more Democrats in 2018, those Democrats can’t be in the tax-and-spend, socially liberal mode. Not in this county.

And after reading that Democrat screed, I realized it’s really conservatives who advocate for all those things the Democrats claim to stand for. That’s not to say a Democrat can’t be conservative but they are fewer and further between, even in this area.

So how would I, as a conservative, respond to their letter? I’ll go through what they claim to represent.

We believe that personal responsibility begins with keeping more of the money you earn by taking advantage of the opportunities a capitalist system creates.

We believe that money should follow the child so you can choose the best educational opportunity for your children, whether in public or private school or through a homeschooling regimen.

We believe in cleaning up the Bay through a balanced approach, beginning by addressing a proven detriment in Conowingo Dam and not punishing farmers who have been trying their best to address the issue.

We believe in protecting the agricultural community by allowing farmers the option to do as they wish with their land, not arbitrarily shutting off development options to them.

We believe in equality for all, not discriminating for or against anyone. But we also know our nation was founded on Judeo-Christian values which have stood the test of time.

We support local businesses by allowing them more freedom to do what’s productive and less time to have to deal with governmental edict and regulation. Small businesses are the backbone of our economy, and we want to encourage them to grow and prosper for the community’s sake, not as a cash cow.

We want to protect and grow the middle class – not at the expense of the upper classes, but by allowing the conditions where those on lower rungs of the economic ladder can climb their way up through hard work and ingenuity.

The jury is still out on this, but I think all the Democrats have is rhetoric. We will have to keep an eye on the GOP to make sure they deliver the results their philosophy should yield.

So if you are a local Democrat who received this letter, there’s only one thing to do: go to the Board of Elections and request the change of registration form to become a Republican. It may be your best chance to influence election results in the future.

Jeb goes the wrong way on energy

The Washington Times headline said a lot: “Jeb Bush: Federal wind tax credit should be renewed for short period of time.” But there’s more to the story if you read between the lines Seth McLaughlin wrote.

Of course, I noticed this because I’ve written quite a bit about wind energy and its advocates the American Wind Energy Association of late. Fortunately, the weather has finally moderated so I’m not writing in the midst of a cold snap as I’d often done when writing about the AWEA and their single-minded approach to promoting wind energy with the federal Wind Production Tax Credit as a sweetener incentive.

In this instance, though, you need to know the situation: Jeb and others were speaking before the Iowa Agricultural Summit, which as the Times notes is “hosted by Bruce L. Rastetter, a major GOP donor.” And it can be argued that Iowa is to wind power what Texas, North Dakota, or Alaska are to oil: according to the AWEA, in 2013 Iowa ranked first in the nation in the amount of its electricity produced by wind power at 27.4%. It also has the third-most installed capacity in the country behind Texas and California, which are far larger states in both population and geography.

So you might get the idea that telling Rastetter and others that the Wind Production Tax Credit should be renewed is a way to meet with their approval, even though Jeb conceded it should only be a three- to five-year extension because wind is “now competitive.” Wait a minute – if it’s “now competitive” why is the tax incentive needed again?

Naturally, the bad news on energy didn’t stop there. Iowa is also ground zero for the Corn Belt, which means anyone who competes in that state either supports ethanol subsidies or risks the wrath of farmers who don’t care whether their crop goes in your gas tank or your stomach as long as the price stays profitable. And Jeb had good news for them too, noting, “So at some point we will see a reduction of the RFS need because ethanol will be such a valuable part of the energy feedstock for our country. Whether that is in 2022 or sometime in the future, I don’t know.”

Ethanol will be a valuable part of our energy feedstock? We are now the world’s top producer of oil and natural gas, and those who set ethanol policy based on a belief that we were past the point of “peak oil” have been thoroughly discredited. It’s a horrible case of pandering when the news to Rastetter and others should have been that it’s time for farmers to adjust to a post-ethanol world as that failed experiment of making food into fuel is coming to a close.

Fortunately, it’s possible to win the presidency without winning Iowa. But it’s a state with outsized importance in the electoral sweepstakes thanks to its early caucuses, so we have to pay attention to what they want. (To illustrate this point: if Maryland were first, people would be tripping all over themselves to make grandiose promises to clean up Chesapeake Bay whether they benefitted – or bankrupted – the rest of the country or not.)

For all the Left’s wailing about the Bushes being in the pocket of Big Oil, they certainly haven’t done any favors to our energy situation. Father George H.W. Bush increased the gas tax by a nickel a gallon (a healthy 56% increase) to balance the budget back in 1990 – breaking his “read my lips” vow - while George W. Bush signed the bill that put the Renewable Fuel Standard in place in 2005 and expanded it in 2007. It looks to me like Jeb is cut from the same cloth.

Democrats ignore voters, keep rain tax in place

According to published reports, Annapolis Democrats ignored the will of the voters and opted to maintain the state’s dreaded “rain tax.” More formally, the House Environment and Transportation Committee rejected HB481 by a 14-7 vote – all 14 Democrats on the committee voted to kill the bill, while all seven Republicans voted to send the bill to the floor.

Because it was a party line vote, it’s easy to note who voted for and against:

In favor of maintaining the rain tax were Delegates Barve, Beidle, Carr, Fraser-Hidalgo, Frush, Gilchrist, Healey, Holmes, Knotts, Lafferty, Lam, McCray, Shane Robinson, and Stein. Twelve of the fourteen represent some part of Baltimore, Montgomery, or Prince George’s counties, with one from Baltimore City and one from Anne Arundel County. Basically they represent the I-95 corridor.

Voting properly to kill it off were Delegates Anderton, Cassilly, Flanagan, Jacobs, O’Donnell, Otto, and Szeliga. Three of these represent the Eastern Shore, two have districts in Harford County, one comes from Howard County, and the other from southern Maryland. (Anderton and Otto represent portions of the Lower Shore.)

Governor Hogan is quoted in the WBAL story by Robert Lang as stating:

No issue resonates as strongly and no tax is as universally detested as the rain tax. Passing a law that forces only a handful of counties to raise taxes on their citizens – against their will – is wrong, unfair, and it needs to end.

Marylanders have spoken loudly and clearly on this issue. The overwhelming majority of voters across the state are strongly opposed to it, and some counties have already taken steps to repeal this burdensome tax. Considering the surge of opposition to the current law, I am confident that the General Assembly will still move forward with a repeal of the Rain Tax.

Apparently there is another measure in the General Assembly which will weaken the rain tax but not suspend it entirely. But this is a blow to a relatively robust Hogan agenda, and shows once again the entitlement mentality Democrats in the General Assembly have as none of them broke ranks to vote in favor of repeal. This despite the fact all fourteen Democrats represent counties which are forced to pay it.

On the other hand, just three of the seven Republicans represent “rain tax” counties, although two communities which have adopted a similar tax, Salisbury and Berlin, lie within the districts of Delegates Anderton and Otto, respectively.

While the Change Maryland group vows “the fight is not over,” it’s fairly likely that no bill repealing the rain tax will be passed this year. And now that we got yet another reminder of how bipartisanship works in Annapolis – it’s a one-way street because only Republicans are expected to be bipartisan, such as on the so-called “death with dignity” bill – perhaps it’s time for Republicans to consider Maryland’s answer to the “nuclear option” and begin to petition administration bills to the House floor.

You see, it’s only political junkies like me who pay much attention to committee votes, and chances are that most people have no idea which committees their particular member of the General Assembly sit on. In most cases, Democrats who control committees determine which bills will get votes and which ones will stay in their desk drawer after a hearing. The more damaging a bill could be to their special interests or to vulnerable members, the greater chance a bill never sees the light of day. Yes, fourteen Democrats had to take a hit on this one but being a Democrat on the Environment and Transportation Committee probably means approval from Radical Green groups like the Chesapeake Bay Foundation or League of Conservation Voters so they are probably safe from voter wrath in three years.

But if Republicans band together and use their power to petition bills to the floor, things get a little more uncomfortable for the Democrats because they can’t as easily control the process. Seeing this key piece of Hogan’s agenda being defeated, along with the bush-league antics surrounding the Democrats’ reaction to the State of the State address, tells me that it’s time to embarrass the other side into action. Don’t let Democrats get away with painting Larry Hogan as a do-nothing governor without putting them on the spot and making them go on the record.

Congressman Harris, we are waiting!

By Cathy Keim

The failure of Congress to hold President Obama accountable for his increasingly aggressive executive overreach is about to make them irrelevant. They have reneged on their oaths to protect and defend the Constitution of the United States. The protection against a tyrant that our Founders put into our Constitution was the separation of powers. Congress has abdicated their responsibility to resist and stop illegal actions by this president particularly by the power of the purse.

Back on January 6, 2015, in response to pressure from many angry constituents over his vote to re-elect John Boehner as Speaker of the House, Andy Harris posted the following on his Facebook page:

In November, Speaker Boehner was re-nominated by the Republican House Conference without a single opponent stepping forward. That was the appropriate time for an alternative to step forward and be considered by House Republicans. Today’s vote on the House floor was simply whether Nancy Pelosi or John Boehner was going to be Speaker of the House. I hope that we can now move forward and work with the Senate to pass common-sense conservative policies. If Speaker Boehner does not deliver on his promises, a Republican House Conference can be called by 50 members and I would join in that call. (Emphasis mine.)

I have no problem standing up for conservative principles to the Speaker and Republican leadership, such as my vote against the reauthorization of the Patriot Act, as well as my votes against the Ryan-Murray budget deal and debt ceiling increases. Please know that I will continue to fight for conservative values and Maryland’s First District in the 114th Congress.

So, I am asking, “Congressman Harris, Speaker Boehner has clearly failed miserably at stopping the executive amnesty overreach. What are you going to do about it?”

The loss of jobs to illegal immigrants, the cost of welfare benefits, Social Security payments for older people that have not paid into the system, tax credits from the IRS for the previous three years amounting to thousands of dollars, etc. etc. The costs are extremely high both in taxpayer dollars expended and in stress to our citizens that cannot find jobs.

Congressman Harris, the damage from this illegal amnesty is far reaching. Again, I urge: please tell us what you plan to do about it.

P.S. Governor Hogan, our state budget is already in the red. This amnesty is going to cause additional drains on our taxpayers. Maryland joined in supporting the executive overreach prior to you being sworn in, but I cannot find any statement from you to say that you disagree with the amnesty.

In a “friend of the court” brief filed Monday, attorneys general from 12 states and the District of Columbia threw their backing behind the president’s executive actions, which could help nearly 5 million undocumented immigrants who currently live in the U.S., allowing them to seek work without fear of deportation.

Officials from 12 states – Washington, California, Connecticut, Hawaii, Illinois, Iowa, Maryland, Massachusetts, New Mexico, New York, Oregon and Vermont – and the District of Columbia filed the brief Monday in the U.S. District Court for the Southern District of Texas.

In fact, according to WorldNetDaily, your press secretary ducked questions on the subject when asked.

A resurrection

March 5, 2015 · Posted in Business and industry, Delmarva items, Personal stuff · Comments Off 

Once in awhile I’m wrong. Maybe it was bad information, and maybe I just misinterpreted what I heard. But I was glad to be incorrect in this case.

A few weeks ago I posted on what I thought was the demise of Pork in the Park. But since we celebrated National Pig Day this week, I’m very, very happy the report of its demise was premature!

Instead, the annual festival was retooled and scaled back to a two-day event to be held on Friday, April 24 and Saturday, April 25 – the dates the now-shuttered Salisbury Festival would have fallen on. After the ill-fated move by Pork in the Park to Mother’s Day weekend last year (thanks to Easter occurring on its usual April weekend) the closure of the Salisbury Festival in favor of a fall event gives Pork in the Park a little better weather potential.

Other big changes immediately apparent are the serious reduction in admission prices from last year’s $7 to a much more affordable $3. When you factor in the food costs, families didn’t seem as willing to shell out the money to get in. You may not have the ambitious entertainment schedule of recent years, but as long as there are ribs to eat most will be happy to have the same sort of bands we usually hear for most of the fall festivals. (You can bring back Smokin’ Gunnz for me.)

It’s most likely the cost came down once the decision was made to broom the wing eating contest that comprised most of the Sunday entertainment and the national recording acts on Friday and Saturday nights - although I haven’t seen an updated entertainment scale yet the promotions are for the Eastern Shore Wing War (a people’s choice contest), the cornhole tournament, and pig races. (No wagering, please.)

Last year had to be a disappointment for the county’s tourism board, with the number of competitors way down from previous years. The trick will be getting those who passed on the event last year to place it back on their contest calendars. I think if they can get back to around 80 to 100 competitors that will be a success. It’s likely the cyclical nature of the food business has weeded out some of the weaker, less serious competition teams as barbeque is not necessarily the “in” thing right now so doubling the number who participated last year would be a good goal.

As for us, I am pleased to see the event come back. It may not be as ambitious as it was before, but at least the organizers conceded they reached a dead end and decided to give it another shot on the scale we were accustomed to. I’m sure I’ll be there, so hopefully I’ll have a goodly amount of company.

MCAC and CBF to Hogan: drop dead

As I suspected, the slight bend toward agricultural interests that Governor Hogan made with the revised Phosphorus Management Tool regulations – now re-dubbed the Agriculture Phosphorus Initiative – was met with hostility from the environmental community. On Friday the Maryland Clean Agriculture Coalition and Chesapeake Bay Foundation released this joint statement:

We commend the Hogan Administration for taking the problem of phosphorus pollution seriously and are pleased that the Administration embraces the scientific evidence showing we must implement the Phosphorus Management Tool to better manage manure on oversaturated farm fields.

The environmental community was not involved in the drafting of Governor Hogan’s proposed regulations that were released on Tuesday, and we have gone over them carefully since. Unfortunately, the regulations do not provide the adequate protection or assurance we need, and as such, we must oppose them. Our concerns are detailed in the attached analysis.

The regulations include a significant loophole, referred to by the agricultural industry as a “safety net,” that makes it unclear if they would ever result in full implementation of this much-needed tool. We adamantly oppose this lack of a clear, enforceable end date for putting the Phosphorus Management Tool into place.

It is also unclear whether the proposed ban on phosphorus on fields with FIV over 500 would actually reduce the amount of manure being applied to farm fields or protect Maryland water quality. The Maryland Department of Agriculture has been unable to clarify this.

Additionally, the regulations add one more year of delay, and they include troublesome secrecy provisions.

We continue to whole-heartedly support legislation sponsored by Senator Pinsky and Delegate Lafferty (SB 257 / HB 381) to implement the Phosphorus Management Tool with a six-year phase-in. Given the difficulties we’ve had with the regulatory process over the past three years, we prefer having a strong statute in place.

Their statement is an expanded version of a statement I posted on Wednesday from the Maryland Clean Agriculture Coalition. The MCAC is an interesting group in that none of the 21 groups involved has a thing to do with farming; instead many of these are “riverkeeper” groups from around the state. These groups blame farmers for a disproportionate share of the problems with Chesapeake Bay, imagining they are just wantonly dumping manure into streams and creeks.

While the groups have done a comparison sheet (or “detailed analysis”) between the O’Malley and Hogan proposals, their chief complaint can be summed up in this paragraph:

The Hogan PMT provisions for an “evaluation” for assessing manure markets and transportation programs, available land acreage, etc., allow for this “evaluation” to stall movement of PMT implementation for a year while MDA conducts a re-evaluation. The result is the possibility of an endless year by year postponement and re-evaluation possibility. (Emphasis in original.)

The way I read this is that, whether the infrastructure is in place or not - and, to be honest, I’m dubious of whether it can be in place – the CBF wants to move ahead on the PMT issue. Even the large-scale concession of immediately stopping the application of manure to certain fields, which is a provision allegedly affecting 1 of every 5 farmers on the Lower Shore, isn’t satisfying to the environmental coalition. They demand the data on how this would affect farmers, but pooh-pooh the need for data on how these regulations might affect the rural Maryland economy through the actual on-site studies sought by the Hogan administration.

In short, the contempt for the agricultural community by these groups is palpable.

So Larry Hogan tried to walk the middle ground. In backing off his original dead-set opposition to the PMT as “mandating how (farmers) use their property” to implementing a slightly less onerous version he still alienated the environmental community as well as discouraging some of the farmers who will be most adversely affected.

This whole episode will hopefully be a lesson to the new administration: you won’t get the friendship or the votes of those who would just as soon see the Eastern Shore collapse economically thanks to the demise of the agricultural industry regardless of what you do. So stick to those issues you ran on: improving Maryland’s economy and lowering the tax and regulatory burden on its citizens. Remember, no amount of regulation is enough for liberals, so why cater to them in the first place?

The fallback position?

In the day since Governor Hogan announced his Phosphorus Management Tool regulations and I wrote my original take on them, I’ve had a chance to see what some of the involved players have to say.

I should preface this by noting I’m not a farmer; however, I have a rural background to the extent that I lived on acreage partially surrounded by woods and cornfields and went to school with kids who were honest-to-goodness members of the Future Farmers of America, complete with the blue corduroy jackets. And seeing that this is a predominantly rural area which depends on agriculture and my interest is in its economic success, I tend to favor the views of farmers over those who think that chicken comes from Whole Foods.

Anyway, the reaction I saw from the major agricultural players was somewhat disappointing, considering the dramatic effect those around here will feel from the PMT regulations. I begin with Delmarva Poultry Industry.

Statewide, the Maryland Farm Bureau echoed the inclusive approach.

To me, these farm groups are exhibiting the same attitude that’s expressed by the saying, “the beatings will continue until morale improves.” Perhaps I’m just wondering what happened to the Larry Hogan who promised the Maryland Farm Bureau back in December:

The first fight [when I take office] will be against these politically motivated, midnight-hour phosphorus management tool regulations that the outgoing administration is trying to force upon you in these closing days. We won’t allow them to put you out of business, destroy your way of life or decimate your entire industry.

The regulations are essentially unchanged in this rendition with the exception of promises of more resources for affected farmers and an extra year to deal with the mandates. But over 1 in 5 local farmers will have to stop their fertilizing practices immediately when the regulations take effect.

And the step toward environmentalists has apparently been met with defiance. Both the Maryland Clean Agriculture Coalition and Chesapeake Bay Foundation are skeptical. CBF’s Alison Prost notes:

We are pleased the governor recognizes that excess manure application on farm fields in Maryland is a serious issue, just as scientists have been noting for years.

(snip)

We learned general information about the proposal Monday afternoon, and are hoping to obtain a copy of the actual proposed regulation as soon as possible. Without such details, we are withholding judgment.  Once we are able to review the full proposal we hope that the Hogan Administration will allow the environmental community a chance to help shape this policy.  In the meantime, we fully support SB 257 and HB 381 which are intended to solve the manure crisis through legislation. (Emphasis mine.)

In other words: nice try, but we are still after the whole enchilada.

Honestly, I don’t know if this measure is an attempt to placate the center by throwing farmers under the bus or if it’s part of a grand gambit where concessions on this issue will be traded for relief from the “rain tax.” I don’t trust the Democrats to follow through on any such deal because they come with the attitude that their time out of power is a fleeting, temporary one. It worked in ousting Bob Ehrlich after one term.

Perhaps Larry Hogan doesn’t have it in him to be Maryland’s answer to Scott Walker. But this relatively rapid concession on an issue important to the rural voters who supported him by margins of 70-30 or better in many counties is troubling. Had he waited until we knew the fate of the General Assembly bills – which he could have chosen to veto and perhaps not have to deal with until next session – he could have positioned himself as more of the fighter we were looking for when we dispatched Martin O’Malley’s heir apparent and selected Larry to lead the state.

By their words today, the environmental lobby proved they have no intention of working with Larry Hogan – none whatsoever. There was enough of a broad outline presented yesterday that these groups could have embraced the Agriculture Phosphorus Initiative, but they did not.

Of course, I sort of figured it would be this way all along but people keep reaching across the aisle and keep getting their arms bitten off. The only solution is to make the statist side concede by having superior numbers, and we can’t finish that job until 2018.

PMT: not eliminated, just pushed back

Yesterday, Governor Hogan announced that some local farmers will have tough new phosphorus regulations placed on them this year. While it wasn’t his overall intent, the news could be devastating to any local farmers who have existing high phosphorus content in their fields as it will necessitate their relocation of any manure present and prevent them from utilizing that fertilizing technique until 2022.

For the rest of the agricultural community, the change is a simple one-year reprieve from the regulations taking effect. Overall, the regulations aren’t a whole lot different from previous proposals. Granted, the new regulations Hogan proposes set up an on-farm economic analysis, but that should have been the first step well before the regulations were published and affecting many Maryland farmers.

So while the state is putting together a pretty picture of the new regulations’ effects, it may simply be a capitulation by the Hogan Administration as they try and put their best face on a fait accompliSB257/HB381, which codify the PMT regulations slated for adoption before Hogan pulled them hours after taking office January 21, have hearings this week and both have a substantial number of co-sponsors.

For his part, Hogan bills it as a ”fair and balanced” proposal:

We have listened to the agricultural and environmental communities to find a fair and balanced plan for limiting phosphorus, and I am pleased to announce the details of that solution today. The enhanced phosphorus management tool regulations and the broader Agriculture Phosphorus Initiative will protect water quality in the Chesapeake Bay while still supporting a vibrant agriculture industry in Maryland. We are providing immediate action to limit pollution, investing in new technology, seeking alternative uses for manure, and improving on-farm management of animal manures – none of which were included in the previous proposals.

It seems to me the time to do the enhancements would have been before most farmers were affected. The excuse for an economic study produced by the previous administration noted the plan would cost farmers (and taxpayers) millions of dollars for comparatively little benefit to Chesapeake Bay. The impetus for the “Agriculture Phosphorus Initiative” should have been to study the effects on real farms first – which is part of this effort, but done simultaneously with the restrictions rather than in advance of them.

Moreover, we don’t know how quickly some of these waste conversion initiatives will get online despite the $2 million the state recently granted three such operations, including one in Worcester County and one in Dorchester County. How scalable these operations are is yet to be determined, but the need for their assistance in waste disposal will arise rather soon.

In short, there was a reason the Eastern Shore agricultural community was pleased about the demise of the PMT regulations – not that they want a clean Chesapeake Bay any less than anyone else, but because they can make a case that they have done their part yet still seem to be the target of more and more regulations. That month of triumph appears to be coming to a close, though, and while Hogan calls it a enhancement the end result will still likely be economic damage to Eastern Shore farmers.

The economic viability of producing poultry in Maryland may be a casualty of these new regulations as growers may find the market for their by-product suddenly diminished. Without the ready availability of chicken waste through the departure of the industry, the environmentalists may succeed in driving the soil phosphorus levels down, but there will be much less economic activity to speak of as well.

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