ANNAPOLIS — In an unusual scenario, three Western Maryland Republican delegates voted with nearly every House Democrat to approve a bill that will strip wildland designations from parts of Allegany and Garrett counties to facilitate construction of overhead transmission lines.
The legislation pertains to a new 105-mile line that NextEra Energy Transmission MidAtlantic Inc. wants to construct from Pennsylvania to Virginia, although route details haven’t been made public.
Senate Bill 399, introduced earlier this year by state Sen. Mike McKay — a Republican who represents Allegany, Garrett and Washington counties, includes that wildland designations will be exempt in “areas in the Big Savage Mountain Wildland, Bear Pen Wildland and Dan’s Mountain Wildland” subject to a Certificate of Public Convenience and Necessity to construct the lines.
According to the proposed legislation, the Public Service Commission will require the applicant for the certificate “to provide wildland impact mitigation guarantees.”
The bill, which went before the Education, Energy and the Environment Committee in February, was met with unfavorable testimony from more than 30 people and organizations, including The Nature Conservancy and the Maryland Ornithological Society.
Language was added to the measure that included design consultation with the Maryland Department of Natural Resources to minimize forest loss, and a replacement of lost designated wildland acreage.
Friday, McKay said the revisions helped the bill pass.
“I am glad to see that amendments were adopted by both houses to satisfy the League of Conservation Voters and others to take a position of neutral on SB399,” he said.
“Now, the work begins to make sure that balance is struck between conservation, economic prosperity, energy security and responsible governance,” McKay said. “I encourage everyone to participate in the public meetings planned in Garrett and Allegany counties.”
Officials for the League of Conservation Voters Friday said their position on the bill is “grumpy neutral.”
Marisa Olszewski, environment and community program manager for the organization, said the amendments satisfied some of the group’s concerns.
“We’re not happy about it,” she said of the bill’s passage, adding that the organization prefers the wildlands remain protected.
The bill was “moving forward,” Olszewski said.
“We didn’t want them passing the very bad bill with no amendments,” she said. “It doesn’t mean that we became positive about the bill.”
‘Precedent’
This week, Dels. Jason Buckel, Jim Hinebaugh, who sponsored a cross-file to McKay’s bill, and Terry Baker were among a small group of Republicans and roughly 100 Democrats who passed SB399.
None of the three responded to Cumberland Times-News questions that included, “Why did you vote to pass the bill?”
About 30 Republicans from across the state voted against the bill, which will destroy Maryland’s protected wildlands, Del. Robin Grammer, R-Baltimore County, said.
“Because we have to seek energy from adjacent states, we’re now having to create these transmission lines and in many cases wreck areas that have not historically been touched in probably thousands of years,” he said.
The project would not serve ratepayers or energy delivery in Maryland, Grammer said.
“There are some cases where they will likely have to take additional private property,” he said.
“We put these extreme energy mandates in place and now we’re having to criss-cross the state in this case for a project that doesn’t actually serve Maryland,” Grammer said.
“I think this is one of the saddest bills of the session,” he said.
Del. Lauren Arikan, R-Hartford County, said “running wires through our wildlands cannot be the answer.”
She warned that the bill’s passage would grant permission for future projects in protected areas of Maryland.
“This is a legal precedent we’re setting,” Arikan said.
“I’m hoping that the people will speak loudly in the next election cycle and let us know how they feel about it,” she said.
Del. C.T. Wilson, D-Charles County, said the bill would require NextEra to replace any wildlands the company takes.
“We are part of a 13-state grid” that means “sometimes having transmission lines go through out state,” he said.
SB399 passed by a 109-29 vote and is now on Gov. Wes Moore’s desk.
Amendment
Grammer drafted an amendment to the bill that he said, “prevents eminent domain” for construction or maintenance of transmission lines.
“Unfortunately, I think a lot of our state woodlands both private and public are at risk,” he said.
“This bill does not guarantee that we will run these transmission lines through the specified area,” Grammer said.
Del. Brian Crosby, D-St. Mary’s County, urged the body to resist the amendment.
“This project doesn’t use any eminent domain,” he said.
The amendment failed with 38 votes in favor and 100 against.
Veto
Frostburg resident and former Maryland senator John Bambacus said he hopes Moore will veto the bill.
“None of this makes sense to me,” he said, calling the way the legislation came about “very suspect.”
The bill “from the beginning was a mystery,” Bambacus said, adding that no public discussions were held about the issue.
DNR in March hosted a meeting to collect feedback from the public about possible construction of the transmission lines through protected wildlands.
However, the organization at that time didn’t take a position on the project and said via press release, “there will be no formal presentations by the department” at the meeting.
“There was no transparency whatsoever,” Bambacus said. “This is troubling to me on a lot of different levels.”
‘Undermined’
Garrett County resident and farm owner Steve Storck said there must be accountability for the passage of the bill.
“Preservation is dead in Maryland,” he said.
“In one year the Scenic and Wild Rivers Act, Irreplaceable Natural Areas Act and now the Wildlands Preservation System statute have all been undermined,” Storck said.
“This is all under the leadership of the Moore administration and with the support of DNR Secretary Josh Kurtz,” he said.
Restoration and conservation “are positive things but if we don’t protect what is already set aside, what is the point?” Storck said.
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