The 2021 session of the Maryland General Assembly is in the books. It was a unique session in large degree because of the measures taken to protect legislators and staff from the covid-19 pandemic. No lobbyists or members of the general public were allowed into the State House, and even the press was present in smaller than usual numbers. But with social distancing enforced in both houses of the Assembly, the state Senators and Delegates nonetheless produced a significant amount of legislation. This article will take a look at some of what took place during the session, with a focus on bills that would particularly affect the Eastern Shore.
There were a number of environmental measures related to the Chesapeake Bay, which is a major economic resource for Shore counties. The Clean Water Commerce Act of 2021 would provide $21 million annually from the Bay Restoration Fund — often referred to as the “flush tax” — to fund reduction of nutrient and sediment pollution. The law earmarks 35 percent of the funding for agricultural practices, which ShoreRivers designated “the dominant source of pollution impacting Eastern Shore waterways.”
The Assembly also passed a bill restricting Homeowner Associations from imposing unreasonable limitations on rain gardens, pollinator gardens, and other landscaping features that work to reduce storm water runoff and to sequester carbon and air pollution.
Another environmentally-oriented bill requires the Maryland Department of Natural Resources to develop a mobile application to display the location on the waterways of regulatory areas including oyster leases and sanctuaries, clamming areas, and submerged aquatic vegetation protective zones. This app would enable fishermen and boaters to avoid activities that would pose a risk to those areas. The bill will take effect after Oct. 31.
A less obvious environmental measure was a bill prohibiting the release of lighter-than-air balloons. Not only are such balloons likely to become litter on someone else’s property, they can cause harm to animals both on land and in the waterways, as well as to the environment generally.
Affecting the Shore more broadly is a bill to assist in the development of more affordable broadband internet. Especially since the covid-19 pandemic, access to reliable broadband has become a necessity for online schooling, working from home, telemedicine, and, for many of us, social life in general. The need for broadband is particularly acute in rural areas, where the “last mile” problem can add significantly to the cost of an installation. The program will be supported by some $300 million in federal funding from the American Rescue Plan passed by Congress.
Several measures were passed in response to widespread calls for greater accountability on the part of law enforcement agencies. “Anton’s Law,” requiring that records of misconduct by police officers be made public knowledge, arises from the death at police hands of Anton Black, a young resident of Greensboro, in Caroline County. Also passed this session was a repeal of the Law Enforcement Officers’ Bill of Rights, which in many ways shields police personnel from prosecution for acts committed while on duty. The Assembly also passed bills changing the standards of when and how police can use force and limiting the issuance of “no-knock” warrants. An increase in the use of body cameras was also written into law by the Assembly. Gov. Larry Hogan, a Republican, vetoed several of the measures, but the vetoes were overridden by the Assembly, which has a majority of Democrats in both houses.
The Assembly also overrode a Hogan veto of legislation passed in the 2020 session, enacting the Kirwan Commission’s educational reforms. The Kirwan plan, which will take effect over a span from 2022 to 2030, mandates an annual expenditure of some $4 billion for such reforms as increasing teacher pay, dedicating resources to districts with high levels of poverty, and establishing programs designed to prepare students for careers. The programs would be funded by increased taxes on tobacco, digital products, and a new tax on digital advertising, which has already been met with a court challenge. Again, many of the districts that would benefit most from the Kirwan plan are located in rural counties on the Shore.
Another bill provides additional funding for Historically Black Colleges and Universities. The bill, which will take effect in fiscal year 2023, allots $577 million for the state’s four HBCUs over the next decade. Hogan vetoed a similar bill last year, but signed the 2021 version.
The Assembly also passed several measures to ensure access to voting for Marylanders, a significant step in light of the restrictions on voting proposed in many states. Measures included an increase in the number of early voting sites statewide and the creation of a permanent absentee ballot list. Groups that often face challenges in voting, such as students, members of the military, and senior communities, were given support in still another bill.
Finally, in a long-anticipated move, the Assembly voted to remove “Maryland, My Maryland” as the state song. Complaints argue that the song’s lyrics, written on the eve of the Civil War in an effort to persuade the state to secede, are an attack on Abraham Lincoln and the Union and are not appropriate to the modern era. So far, we haven’t heard anything about a possible substitute.
Peter Heck
is a Chestertown-based writer and editor, who spent 10 years at the Kent County News and three more with the Chestertown Spy. He is the author of 10 novels and co-author of four plays, a book reviewer for Asimov’s and Kirkus Reviews, and an incorrigible guitarist.