Politics & Government

Carroll Commissioner Wants Counties Exempted from 'Rain Tax'

Carroll County could face fines if it does not meet state requirements for implementing stormwater management fees.

In a recent Town Hall meeting, Commissioner Doug Howard suggested legislation that would allow counties to be exempt from state stormwater mandates.

"The state should accept Carroll's rationale and leave us well enough alone," Howard said at the town hall according to a statement, adding that he will "never vote for a rain tax."  

Howard will present his proposed legislation to his fellow commissioners in open session on Tuesday, Nov. 26, according to a statement.

The Maryland Attorney General's office recently informed Carroll County leadership that the county could face fines if it does not fully implement the requirements of HB 987, otherwise known as the "Rain Tax." 

In 2012, the General Assembly passed legislation requiring jurisdictions to establish a plan to begin a watershed protection and restoration project that includes a stormwater remediation fee.

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Stormwater runoff – rainwater that is not absorbed into the ground, but rolls along impervious surfaces, picking up debris, fertilizer and other pollutants – is believed to be a major source of pollutants in the Chesapeake Bay. 

Commissioner Richard Rothschild recently told Patch that the state's approach is about taxing citizens and not about protecting the environment. 

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"I want to make it clear that they’re not alleging we’re failing in any environmental component, they are simply demanding that we implement a tax," Rothschild told Patch for a previous article. "This is about taxes; it's not about the environment." 

County Representative Roberta Windham said that the county has responded to the Attorney General requesting a meeting to discuss the issue. Windham said she was not aware of any conversations that the county has had with the other two counties -- Harford and Frederick -- which also received letters from the Attorney General's office threatening fines. 

Following is the proposed legislation that Commissioner Howard will present to his fellow commissioners on Nov. 26.

Please prepare draft legislation for the following proposed legislative actions related to Storm Water Management and the Rain Tax. As they are drafted, please be sure to share them with the other Commissioners for our discussion on November 26th.  

RAIN TAX EXEMPTION 
Draft language for statewide legislation that would exempt a county from implementing a rain tax if a) Storm Water projects are planned and funded to comply with MS4 permits b) Funds are included in the budget with a designated funding source c) A separate fund for these projects in in place and appropriately funded  

TMDL RECALCULATION 
Draft language for statewide legislation that would prevent the imposition of any additional storm water requirements until there is a full and proper recalculation of the TMDL model with consideration for elements such as Conowingo Dam and other identified factors that impact bay quality.  MULTI-STATE

ACCOUNTABILITY 
Draft language for statewide legislation that would prevent the imposition of any additional storm water requirements until there is a multi-state agreement that puts comparable requirements, demands and corresponding cost on Pennsylvania with regard to bay restoration. Such an agreement must also create a multi-state process to use resources and obtain credit for projects across state lines to meet regional goals and for more optimal approaches to bay restoration. 


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