2009 END OF SESSION REPORT


Following is the End of Session Report for the 2009 Session of the Maryland General Assembly. This report provides a comprehensive analysis of the impacts of this session’s legislative actions as they relate specifically to the Department of Natural Resources (DNR), and as pertinent items relate to State agencies across the board. This report includes pertinent details on the Operating and Capital Budgets (HB 100 and HB 102), the Budget Reconciliation and Financing Act of 2009 – BRFA (HB 101) excerpts from the Joint Chairmen’s Report (JCR), summaries of bills that passed which have relevance to DNR (many based on information provided in the The 90 Day Report), a listing of bills that did not pass, and a section on legislation that was vetoed by the Governor. For more information on legislation and issues related to the General Assembly, visit their website at www.mlis.state.md.us.

 

Table of Contents

 

The State’s total Fiscal Year 2010 Operating Budget (HB 100), as enacted during the 2009 General Assembly session, amounts to about $32.3 billion in appropriations. This represents an increase of about 3.4% total over the FY09 level. This budget accounted for federal stimulus funding from the American Recovery and Reinvestment Act of 2009 (ARRA), which proved instrumental in balancing both the FY09 and FY10 State budgets. There are, once again, a number of budget reduction provisions, commonly referred to as “back of the budget” provisions that affect all State agencies. Examples of this include a reduction in cell phone expenditures as well as deleting the State’s deferred compensation match. The State’s FY10 budget also does not include funding for a general salary increase or merit pay. New this year was a multi-agency budgetary overview of spending on restoration of the Chesapeake Bay. This overview included the following agencies primarily responsible for Bay restoration: DNR, the Maryland Department of the Environment (MDE), the Maryland Department of Agriculture (MDA), and the Maryland Department of Planning (MDP). Additionally, the overview included information from other agencies such as the Maryland Department of Transportation, the University System of Maryland, and others. There were also two supplemental budgets introduced by the Governor, totaling about $1.4 billion in spending – much of it derived from the federal stimulus legislation. Further detail on DNR’s Operating Budget and related items may be found in the “Operating Budget Highlights” section of this report.

 

The BRFA (HB 101) was another component in balancing the State’s FY10 budget that included fund balance transfers, use of Special Funds in lieu of General Funds, formula changes, and other provisions either on a temporary or permanent basis in order to help balance the FY10 budget. Further detail on items pertinent to DNR in the BRFA may also be found in the “Operating Budget Highlights” section of this report.

 

The Capital Budget for the State totals $3.505 billion for FY10 (including $1.720 billion for the transportation program). Of the total amount, $1.110 billion is funded with general obligation (GO) bonds authorized in the Maryland Consolidated Capital Bond Loan of 2009 (HB 102), about $498 million is funded on a Pay-As-You-Go (PAYGO) basis in the operating budget (HB 100), and $80 million is funded with revenue bonds to be issued by the Maryland Department of the Environment (MDE) to support State and local efforts to upgrade wastewater treatment plants. Additionally, $70 million of revenue bonds was authorized to support Program Open Space (POS). Once again, the State’s Capital Budget includes funding for House and Senate initiatives originally introduced as individual bond bills. The total for these initiatives is $15 million split evenly between the two chambers. Further detail on DNR’s Capital Budget and related items may be found in the “Capital Budget Highlights” section of this report.

 

Under the Maryland Constitution, the Governor has the option of signing, vetoing, or letting legislation become law without his signature. The Constitution specifies that bills must be presented to the Governor by the 20th day after adjournment (May 3, 2009); and that the Governor must act on these bills by the 30th day after presentment (June 2, 2009). Each bill not vetoed becomes law on the effective date specified in the bill. Emergency bills, should they pass by the necessary 3/5 majority of both chambers, become effective immediately once they are given gubernatorial approval; otherwise June 1st is the earliest date for bills to take effect. Budget, tax, and revenue bills generally take effect July 1st. October 1st is the normal effective date for most bills.

 

This report takes budget items and legislation and divides them into categories. Budget items are split between Operating and Capital, including excerpts from the JCR. The JCR excerpts begin with the DNR items, and are then presented in order of budget code, which is alphabetical (DNR’s budget code begins with the letter “K”).

 

Legislation is divided among four categories: 1) Administration bills – bills that were drafted and introduced on behalf of the Governor; 2) DNR departmental bills – bills that were drafted and introduced on behalf of the Department; 3) Natural Resources/Environment/Agriculture bills – these are separate from our departmental bills, but privately sponsored bills whose subject relates to natural resources, the environment, and agriculture; and 4) State/Local Government bills – this includes legislation pertaining to State agencies, local governments, personnel, and procurement. There is also a section on Items Requiring DNR Action, which includes both legislation and budget directives delineating DNR participation with Task Forces and Commissions, any staffing responsibilities, and any required reports and regulations. The Failed Bills section is a list of bills that did not pass this session. The final section, Vetoed Bills, is a listing of bills that have been vetoed by the Governor and will not become law. The bills throughout this report are in order of Senate bill number and any corresponding crossfile first, then House bill number.

 

The 2009 Session saw the introduction of 2,675 pieces of legislation, with about 799 actually passing (roughly 30%). DNR introduced seven pieces of Departmental legislation, in addition to being involved in several pieces of Administration legislation relating to aquaculture, growth, and greenhouse gas emissions reduction. DNR’s legislative office tracked nearly 325 bills during the 2009 session.

 

It is my hope that you find this 2009 End of Session Report both useful and helpful. Should you have any questions, please do not hesitate to contact the DNR Legislative Office at (410) 260-8116. I would like to thank the many individuals within DNR who provided able assistance and expertise. The support and cooperation of the Secretary, Deputy Secretary, Assistant Secretaries, Office of the Attorney General, Unit Directors, and in particular, the legislative and fiscal contacts within the Units all help to successfully further the DNR agenda. I would especially like to thank Olivia Campbell and Vicky Overbeck for their dedication and tireless work on behalf of DNR. It goes without saying that we miss Frank O.

 

Emily H. Wilson

Director of Government Relations