2014 Maryland dossier: part 6 (War on Rural Maryland)

I suspended this process for several days in the incorrect belief that Larry Hogan would jump into the race and give me some direction on where he stands with the various issues I’ve already covered. But since he’s passing until January I will continue to vet the others without him.

The definition of “War on Rural Maryland” is rather broad to me, but generally focuses on land use, environmental, and agricultural issues. In many ways, the three are intertwined but over the last seven years the prosperity and freedom rural denizens of the state enjoy has been significantly eroded by decisions from on high in Annapolis. This is an effort to grade the candidates on how they would react and reverse some of these ill-considered ideas.

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David Craig:  As Governor, I will return land use decisions to local government where they belong and will replace a punishment and control regime with a conservation agenda. I will work with the Governors of New York and Pennsylvania to clean up the Susquehanna and reduce that major source of Bay pollution.  I will end the practice of Maryland bearing the brunt of responsibility for cleaning up the Bay and being responsible for a 64,000 square mile watershed that includes surrounding states.

(snip)

I will work with local governments to promote sound planning but leave the control of land use where it belongs, closest to the people. (campaign site)

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When asked “where will you stick PlanMaryland?” Craig answered back with, “where do you want me to stick it?” (WCRC meeting, July 22, 2013)

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What I’ve found is the best way is to actually listen to the farmers have to say and have them come up with solutions for what they think needs to be done, and then convince the other farmer this is the best way to go – it’s not government talking to you. (They’d say) I did this on my farm, it saved me money, it did this and saved me all these rules and regulations.

But we get all these people that are in environmental services, they have this job, they’re lawyers, they’re environmental – but they know nothing. I had a situation talking with the Maryland Department of the Environment, I said give me an example of this rain tax, I have two – or septic tax. I have two farms, tell me which one’s the worst. How will I be able to determine which one – one guy’s doing the good job, one’s a bad job? And the guy looked at me and said we can’t figure that out. (monoblogue interview)

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Perhaps the biggest environmental enigma about David Craig is Harford County’s on-again, off-again flirtation with ICLEI, or the International Council for Local Environmental Initiatives. (It’s better known as ICLEI – Local Governments for Sustainability.) In 2010, to much fanfare, Harford County became one of Maryland’s ICLEI members, saying it had “taken another step towards achieving the goal of environmental stewardship” by joining the group.

But less than three years later, the county more quietly withdrew from the group, with the local Harford Campaign for Liberty taking credit along with an assist from the county’s Republican Party and a resolution it passed early this year. Perhaps they read the group’s charter?

Somehow, though, that notice of withdrawal has escaped the county’s Sustainability Office, which is instead in the midst of promoting another cherished leftist scheme, Car-Free Days, next weekend. (monoblogue, September 15, 2013)

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He called for a repeal of the state (“rain tax”) law, then went on to suggest that Maryland should back off from a range of measures adopted in recent decades to clean up the Chesapeake Bay. His proposals include elimination of the 1984 Critical Areas Act, a measure regarded by environmentalists as the crown jewel of the state’s Bay protection laws.

“Why don’t you get rid of all the previous bills?” Craig said. “Let’s get rid of of the Critical Areas Act.”

In addition to the critical area law, which restricts development on parcels within 1,000 yards of the bay and its tributaries, Craig said he would like to get rid of a 2007 law requiring developments to avoid any increase in stormwater runoff and abolish a 1998 law requiring farmers to limit the runoff of fertilizer and animal waste. (Baltimore Sun, September 17, 2013)

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“While I share the desire for a clean and healthy bay, as most of us probably do, I question the priorities of those in Annapolis who feel that no price is too steep to pay for only a marginal improvement in bay quality,” Craig said. “Our businesses and taxpayers expect us, as county government, to act as their last line of defense against over-the-top polices from the state and federal governments whenever possible, and that is what I intend to do.” (Washington Post, September 18, 2013)

Ron George: Ease Farm regulations that over reach while making large areas unprofitable.

Restore, Conserve and Preserve Our Natural Resources without punishing the very people who live, work and recreate here because  they love our beautiful state including businesses, homeowners, boaters, farmers,  watermen or taxpayers…or anyone who gets rained on.

Dredge the “silt pond” above the Conowingo Dam, which causes far more harm to the bay’s ecosystem each time it overflows or the dam is opened.

Encourage planting of Maryland’s tall deciduous tree species including Oaks and Maples.

Allow for the hunting of overpopulated species.

Giving the dollars for bay oyster restoration directly to River Keepers and their volunteers. (campaign site)

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In a past campaign, Ron George billed himself as the “Green Elephant.” Here’s a list of some of the environmental restrictions he’s voted for in the past eight years – many of which he cheerfully admitted voting for in his 2010 campaign. The number in parentheses afterward is the number of opposition votes in the House of Delegates.

All of these votes were graded in previous editions of the monoblogue Accountability Project.

Maryland Clean Cars Act of 2007 (17 votes)
Clean Indoor Act of 2007 (39 votes)
Chesapeake Bay 2010 Trust Fund (30 votes)
Regional Greenhouse Gas Initiative – Maryland Strategic Energy Investment Program (25 votes)
EmPOWER Maryland Energy Efficiency Act of 2008 (33 votes)
Chesapeake and Atlantic Coastal Bays Critical Area Protection Program – Administrative and Enforcement Provisions (15 votes)
Smart, Green, and Growing – Local Government Planning – Planning Visions (7 votes)
Greenhouse Gas Emissions Reduction Act of 2009 (30 votes)
Smart, Green, and Growing – Smart and Sustainable Growth Act of 2009 (12 votes)
Natural Resources – No Net Loss of Forest Policy – Forest Conservation Act (23 votes)
Agriculture – Lawn Fertilizer – Low Phosphorus Fertilizer (19 votes)
Smart, Green, and Growing – The Sustainable Communities Act of 2010 (27 votes)
Stormwater Management – Development Projects – Requirements (13 votes)
Renewable Energy Portfolio Standard – Solar Energy (31 votes)
Smart. Green, and Growing – Maryland Sustainable Growth Commission (20 votes)
Chesapeake Conservation Corps Program (27 votes)
Natural Resources – Forest Preservation Act of 2013 (27 votes)

I will note, however, that the majority of these votes came during Ron’s first term in office (2007-10) and he has moved somewhat away from the “Green Elephant” designation – one key example was voting against the Septic Bill in 2012. But how do we determine Ron’s line in the sand? (monoblogue, September 15, 2013)

Charles Lollar: I am committed to saving the Bay – and to doing it in a right and in a balanced way.

First, I will support full annual funding – $50 million – of the Chesapeake Bay and Atlantic Coastal Bays Trust Fund, created in 2007. Those trust funds must not be diverted to general and other purposes, as the O’Malley/Brown Administration proposed in FY 2010. Other budget needs and challenges will be addressed directly – and not bailed out by grabbing Trust Fund monies.

Second, we must find deal smartly with the sources of pollutions, including those coming from other states in water that flows into the headwaters of the Bay. Our approach to the public and private point and non-point sources of the pollutants that threaten the Bay must be prudent, balanced – not extreme. Our approach must avoid economic dislocations and injuries that can result from overzealous regulation.

As Maryland’s Governor, I will fully engage directly with the Governors of the other Chesapeake Bay states and federal officials at the Environment Protection Agency to determine the best approaches to be taken to continually improve the quality of the bay and protect its eco-systems. (campaign website)

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“This cronyism, and this opportunity to shut down the agricultural industry in this state, is going to come to a stop.” (YouTube video at Hudson Farm, September 8, 2013)

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Since the Democrats are the ones perpetrating the War on Rural Maryland it’s doubtful they will back off. In fact, Doug Gansler’s entire environmental platform seems to be one of making chicken farmers convert waste to energy, while the other two major candidates basically ignore rural needs.

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I think that, in order to give David Craig a fair evaluation, I have to know which one I’m talking to. Telling them to stick PlanMaryland, repealing the rain tax, and wiping out the Critical Areas Act would be a great start to restoring balance, although I guarantee the media coverage sensationalized what he said in the latter case just to make him look like he’s for dirty water. (I don’t fall for the hype, figuring local areas could have regulations which are just as strident, which is the beauty of local control. Or they could work toward something more reasonable.)

But then again, three years ago he was signing up for ICLEI and the county he runs still has a Sustainability Office. So I’m left to wonder just how serious he is about ridding us of overbearing government and over-the-top radical environmentalism. I think I’ll give him 8 points of 12 for now.

To a great extent, the same applies to Ron George. It’s worth pondering how he was pushed from being a “green elephant” to the point where he at least talks about easing farm regulations (but doesn’t provide a lot of specifics) and votes against an onerous septic bill. It seems to me that Ron is trying to skate a middle ground between what he thinks people want to hear and actions which would potentially help farmers and rural counties but can be portrayed negatively by the major media outlets (as Craig was.) So I can only give him 6 of 12 points, right in the middle.

In listening to Charles Lollar speak at the Hudson farm, I was struck by his passion. But when I read his brief statement on environmental matters – one which accepts the premise that the state has to spend $50 million (or more) a year in a vain attempt to coddle an environmental group which will never be satisfied, I wonder what his real plan is. Certainly it needs more study, but I can’t see at this point where he would make a bold statement on repealing legislation or rolling back regulations. If he can accept the status quo on the trust fund, what else will he leave in place? So I can give him just 5 of 12 points.

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I haven’t decided if I will double back to Obamacare before tackling the higher priorities or not. Only one candidate has answered me directly on the subject, while another is promising me more information. With this being a holiday week I will likely make the decision for Friday, since I already have a book review planned for Saturday.

A push from the left

It’s not often I agree with the Baltimore Sun, and for good reason: their editorial stance is almost completely at odds with the best interests of the state.

So when I found out about a blog post by former Gazette political columnist Barry Rascovar chastising David Craig as being an “environment-killer” – based primarily on the information related by the Sun article by Michael Dresser – I had two reactions.

First, one has to note that Rascovar has 42 years in the political game; in other words, he had covered Annapolis since 1971. With the exception of Bob Ehrlich, one-term Republican U.S. Senator John Glenn Beall and liberal Republican U.S. Senator Charles “Mac” Mathias, Maryland has been primarily a one-party state the entire time he’s covered politics. Naturally he seems to operate under the assumption it always will be; on the other hand my aim is to break that vicious cycle of governing against our own best interests by pointing out the hypocrisy and lunacy of the liberal stranglehold on the state. So I have to question the grizzled veteran on this one, particularly since he’s an ardent supporter of the “rain tax.”

This leads to my second reaction: why do they care what Craig does anyway? We know they’ll support the Democrat in the race. Here’s what Dresser accused Craig of:

Among other things, Craig wants to scale back Maryland’s role in the Chesapeake Bay cleanup, give the state’s business department a greater voice in environmental and health regulations, and impose limits on how long low-income people can collect food stamps and other benefits — even if it means refusing federal money.

May I ask what’s wrong with that?

For one thing, our cleanup plans do not seem to account for the potential impact of cleaning up the sediment behind the Conowingo Dam, which leaches out pollutants after bouts of severe weather. And guess who’s primarily responsible for placing it there? (Hint: it’s not Maryland, and certainly not the ten counties collecting the “rain tax.”) I have said for several years that the best thing we can do going forward is take a breather from further regulations so we can see if what’s in place now is really working. Let the states upriver suffer for their part in this and quit blaming development and chicken farmers.

And let’s be bluntly honest here: do the MDE and Chesapeake Bay Foundation really want the Bay clean? If it ever became so, neither group would have a real reason for existence anymore, and as we all know power corrupts and absolute power corrupts absolutely. They know they have the whip hand over business and development in this state just as long as they keep giving out Cs and Ds on Bay cleanliness.

This goes hand-in-hand with the second point about “giv(ing) the business department a greater voice in environmental and health regulations.” Maybe the better way of putting it is to actually listen to what they have to say, since Martin O’Malley ignores their pleas. In this day and age, it’s doubtful any business wants to get caught making the same kind of mess government makes when their sewage treatment plants fail.

Moreover, Rascovar berates Craig for wanting to eliminate the state’s Critical Areas Law. So here’s my question: if a person can have a septic system as close as 100 feet from a well and have it be deemed safe to drink, what gives the state the right to regulate development 1,000 feet from tidal waters? The state should indeed junk the Critical Areas law, leaving it up to individual counties to replace it if desired. Seems like a good compromise to me as it brings power closer to the people. It also allows an uber-liberal county like Montgomery County to crank that Critical Areas restriction up to a mile; hell, just put the whole county under it. They don’t need jobs or development, but we here on the Shore could use some.

Barry also panics at the thought of the state refusing federal money, recoiling in horror at the prospect of placing a time limit on how long people can live on the dole. But wasn’t that already federal law? I realize that people can have a sweet deal living off the taxpayers, with Maryland being one of the more lucrative destinations, but shouldn’t they do something productive instead?

Besides, Barry may not be considering the long strings attached when we cash that check from Uncle Sam. I’d rather see how independent we can be, thanks.

In the end, though, the trick is how we sell these common-sense ideas to a population which, among other things, considers Rascover a learned expert. Certainly he’s covered Annapolis for about 35 more years than I have, with mine being a much more indirect basis to boot, but since when does that tenure grant expertise on the issues? He sounds like a liberal who can fit right in with those already ruining the state. Sadly, in the words of one observer:

I guess to a liberal columnist acting like a jerk to state troopers and being conservative are in the same category.

This is in reference to the foibles of Doug Gansler in the Rascovar piece, reminding us that Doug is a typical Maryland liberal who seems to believe laws and regulations are only for the unwashed masses. Ones he doesn’t agree with can be ignored. To be fair, much of the article is about Gansler’s issues, but only in the respect in which it may damage his campaign. No one really cares, since Brown is just another pea in the same pod.

I suppose the problem comes down to this line:

None of what Craig proposes is realistic. A heavily Democratic legislature wouldn’t tolerate the notions he is advancing. He’s seriously harmed his electability.

Well, there’s an easy solution: get rid of the deadwood Democrats who are impeding true progress in this state. Imagine how much better this state would be if it followed conservative principles with a Republican-led legislature.

There was a saying popular in the era in which I grew up, about a decade and a half into Rascovar’s career: question authority. I think it was probably about that time that he grew comfortable with his status in the state and decided the status quo was all right with him. Well, it’s not all right with me nor should it be with thinking Marylanders.

We definitely need a change. If David Craig wants to run to the right, it’s not “pandering to the TEA Party,” it’s exhibiting the common sense sorely lacking in this state.

The right sort of action

I’ve been sitting on this for a few days, but it’s a Saturday evening and I think the time is right for visual aids.

Their philosophy is simple, but so, so ignored.

It’s a tenet of limited government that the government which is necessary is best enacted at a point closest to the people. The Founding Fathers who wrote the Constitution seemed to intuitively know this, which is why Congress only had a limited number of functions (as intended), the Bill of Rights spelled out what Barack Obama considers “negative liberties” – in other words, the government cannot do actions like limit the press, expression of religion, petitioning of redress of grievances, and so forth – yet it wasn’t intended to be a catch-all, so the Ninth and Tenth Amendments were added.

(Indeed, there are those who argue the Articles of Confederation was even better at limiting the federal government, but it would have been nearly impossible to get 50 states to agree on anything – not that there would have been 50 states because many states claimed far more territory to their west.)

An example of how government overreaches can be found in our state’s infamous “rain tax.” Once the federal government decreed our state had to pay a share of Chesapeake Bay cleanup – although it’s not necessarily a share proportionate to our fouling of the Bay, as those who advocate the cleanup of sediment trapped behind the Conowingo Dam may attest because that sediment comes from states upstream – the state, in turn, decided the local governments had to collect a certain amount in what are called Watershed Implementation Plans, or WIPs. (Wicomico’s county cost is estimated to be over $900 million over 12 years, while neighboring Somerset County, which is the state’s poorest jurisdiction, has about the same bill but concedes there is no way they can handle this with existing resources on a county budget of under $40 million annually. In some respects, the “rain tax” may be a handout from richer to poorer jurisdictions.)

Perhaps it may have taken federal action to goad states into compliance, but there are many cases in government, from highway safety to education, where Uncle Sam looks over the local shoulder and threatens to withhold funds for non-compliance with certain dictates and standards. And as the short video notes, every dollar which goes to Washington is returned many pennies short because the federal bureaucracy has to be paid their thirty pieces of silver as well. Some states are donor states and some states are considered recipients, but there was no real need to send the money to Washington for functions the federal government need not be doing. That was the point of Federalism in Action as well as a toolkit they recently made available for download.

It’s my preference to deal with my local government here in Salisbury for most matters. But too often they tell me their hands are tied by the faceless bureaucrats in Annapolis whose only thought about Salisbury and the Eastern Shore in general is how quickly they can traverse it in order to reach the beach. Yet those at the state level will often tell us they’re at the mercy of Uncle Sam, and it’s true that federal handouts comprise a growing percentage of our bloated state budget.

Fortunately, we can reverse a lot of this process over the next three years – if we choose our representation wisely, and keep the pressure on and frequently question those who seem to be on our side now. Maybe one day our children will be blessed by a government which knows its place, and they’ll be able to breathe free.

Constitutional defender speaks in Salisbury

The crowd at the Wicomico Maryland Society of Patriots meeting, January 15, 2013. It was a pretty packed house last night for the Wicomico Maryland Society of Patriots meeting, in part because it was a joint meeting with Worcester County’s TEA Party chapter and partly because we had a strident Constitutional defender speaking. That gentleman is familiar to liberty lovers across Maryland as a leader who conceded that the Democrats and unions will be gunning for his seat next year. “They hate me,” said Carroll County Commissioner Richard Rothschild.

But before Richard spoke, we had to get some of the preliminaries out of the way: a prayer, which was originally uttered by Thomas Jefferson in 1801, the Pledge of Allegiance, the assessment by host Dr. Greg Belcher that “I’m pretty confident we’ll have some good information” coming out of this meeting, and some words from Sam Hale of the Maryland Society of Patriots, who characterized our situation as “not only fighting for our freedom, but fighting for our lives.”

We also introduced a number of elected officials and other public figures, including three members of Wicomico County Council (President Matt Holloway, Vice-President Bob Culver, and former President Joe Holloway), Jim Bunting of the Worcester County Commissioners. and a number of Republican Central Committee members from Wicomico, Worcester, and Dorchester counties. Salisbury mayoral candidate Joe Albero also put in an appearance.

Matt Holloway alerted us to an upcoming hearing regarding how we’ll address the provisions of SB236 on February 20 at the Civic Center. It was also announced that Delegate Mike McDermott had filed a bill in the House of Delegates to repeal last year’s Senate Bill 236, which provided much of the impetus for tonight’s gathering. But as a pair of videos shown tonight revealed, the process has been in the words for nearly three decades.

Indeed, there was a lot to digest in the 2 1/2 hours we held court at The Legacy Restaurant, and I haven’t even gotten to what our featured speaker said yet. Granted, some of it – particularly on the Constitutional aspects of holding office – was rehashed from that which he said at the Turning the Tides conference on Saturday, but the Agenda 21 and SB236 information was less familiar. Some of it had appeared in 2011 at a conference he’d spoken at (before SB236 even passed) but a number of predictions Rothschild made within that presentation have panned out.

A pair of guests were pointed out by Richard, and they weren’t those you may expect at a TEA Party meeting. But the two came representing the Chesapeake Bay Foundation, venturing into enemy territory as it were. But Richard didn’t see it that way, encouraging the group to join the Clean Chesapeake Coalition of seven Maryland counties. And while he contended that conservatives were capable of abating more pollution than our liberal opponents, he assured the CBF representatives that “I am committed to cleaning up the Chesapeake Bay.”

Yet Richard also contended that “if it’s sound policy it won’t need to be forced by the state.” SB236 and PlanMaryland both fail that test. Moreover, Rothschild was distressed by the vague and undefined terms in PlanMaryland, giving several examples. To him, “‘sustainability’ is a euphemism for ‘government approved.'”

“I said to the state of Maryland, ‘let the free market do its work,'” repeated Richard.

Rothschild went on to explain that in the old days, planning was a map. Now it’s a goal, a movement, and a new way of life required by government. The “smart growth” concept was a noble idea, he continued, but it ignores empirical realities. “The facts do not support their assertions,” he said. One example of that was failing to take into account that clustering housing units as proponents of smart growth suggest won’t raise enough tax revenue per unit to be viable without a massive increase in the tax rate.

And if the numbers don’t support the correct assertions, then create new ones. Rothschild criticized the new Genuine Progress Indicator standard, in which some portions increase through negative outcomes – for example, if all of the job producers who make high incomes are driven out of the state, the “income inequality” indicator would reflect this in a positive direction. Never mind the higher unemployment and economic misery sure to follow. “This is Machiavellian,” said Richard.

Another facet of this push toward cleaning up the Bay by fiat was the uneven distribution of costs. Using what he termed “rough order of magnitude” costs as an example, in order to cover the increased costs of Watershed Implementation Plan compliance Carroll County would have to raise taxes 10 percent and Frederick County 20 percent. But those property owners here in Wicomico County would be saddled with a DOUBLING of the tax to cover a $1.2 billion overall cost – bear in mind our annual budget is not far north of $100 million.

Yet, as he described later, the state was less than aggressive in addressing the problems at the Conowingo Dam, where over 100 feet in depth of nitrogen-rich sediment has filled in the waterway behind the dam. In severe storms, that sediment escapes into the Bay, wreaking havoc on the uppermost portions of the estuary.

Part of this presentation was handled by Phil Hager, the Carroll County Director of Land Use, Planning, and Development. Rothschild noted that it took a long time to fill the position because “I couldn’t find a land use manager who respects the Constitution” until Phil came along.

Hagar focused on some of the nuts and bolts of the law, noting that SB236 was passed in lieu of a BAT (best available technology) law by the General Assembly. Instead, the Maryland Department of the Environment administratively enacted the BAT regulations a week after the session ended last year.

Phil also made it clear that Carroll County was not hurrying through SB236 compliance, instead choosing to address this as part of their comprehensive plan, with ample public input. He added that Cecil County passed its map “acting under duress and protest.” Wicomico County is charting a similar path to Carroll County’s, holding off on submitting a map until more public input is granted.

Returning to the podium, Richard stated the case again that we can’t be so bold and arrogant to presume we know what’s best for our children and grandchildren. Too many innovations can take place to assume what is now will always be – for example few know there once was massive concern over reliance on horses, dubbed the Horse Manure Crisis of 1894. Instead of being buried under tons of horse droppings, though, technology intervened as the automobile was invented.

“I personally believe this law demands nullification,” Rothschild asserted, adding “if I tried to go the other way (and make zoning less restrictive) I’d be told ‘you’re violating the law.'” Yet no one bats an eye at this process, whether it be intrusions on property rights, the Second Amendment – which Richard called “a God-given right that’s not negotiable” – or any other intrusion. “We (as counties) don’t project power,” said Richard.

Finally, Richard predicted 2013 would be the year of greenhouse gas in the Maryland General Assembly. The goals are already in place: a 15% reduction from 2006 levels by the year 2020 and 95% reduction by mid-century. The 15% reduction is expected to cost $20 billion, a toll which Rothschild charged would create “devastation of our economy of epic, Biblical proportions.”

He closed out by telling the crowd what many of us already harbor as a gut feeling: “It will end in a trainwreck.”

On the other hand, I found the meeting as informative as predicted. The good news is that PAC14 taped the proceedings, so at least some of it will be available for future viewing on our cable access channel as well as online.