Maryland, Maryland, Quite Contrary-land

Since 2011, Mary­land has been noto­ri­ous for being the only state to clas­si­fy trash as equiv­a­lent to wind pow­er in a renew­able ener­gy man­date. Over half of the “renew­able” ener­gy used to meet the man­date still comes from smoke­stacks at paper mills, land­fills, trash, and bio­mass incin­er­a­tors in 12 states span­ning New Jer­sey to Wis­con­sin to Tennessee.

For the past few years, we’ve been warn­ing that expand­ing a dirty renew­able ener­gy man­date with­out first clean­ing it up would mean trou­ble. In recent years, Mary­land has faced plans for two large new incin­er­a­tors, which were clos­er to real­i­ty than any in the nation. These ful­ly per­mit­ted incin­er­a­tor pro­pos­als both fell to defeat after five and eight year grass­roots efforts. Des­tiny Wat­ford, a Bal­ti­more res­i­dent who got involved while attend­ing the high school with­in a mile of the pro­posed Ener­gy Answers incin­er­a­tor, just received the pres­ti­gious Gold­man Envi­ron­men­tal Prize for her lead­er­ship in that battle.

Despite these high pro­file incin­er­a­tor bat­tles, the Mary­land Cli­mate Coali­tion (a coali­tion of main­stream envi­ron­men­tal groups, led large­ly by Chesa­peake Cli­mate Action Net­work) chose to keep push­ing to expand the state’s Renew­able Port­fo­lio Stan­dard (RPS) while declin­ing to sup­port the par­al­lel effort to first remove smoke­stack tech­nolo­gies from the man­date. The bill we draft­ed to clean up Mary­land’s RPS was intro­duced with strong sup­port from the Mary­land Chap­ter of Sier­ra Club, and many of us tes­ti­fied at hear­ings on the bill, which was aggres­sive­ly opposed by the incin­er­a­tor and paper mill industries.

While our leg­is­la­tion was hand­i­ly shot down, we did a lot to edu­cate leg­is­la­tors and build momen­tum for next year. As the RPS expan­sion bill passed, an amend­ment to strip trash incin­er­a­tion out of the law came with­in one vote of pass­ing! This is a good sign for next year, espe­cial­ly as both major trash incin­er­a­tor pro­pos­als in Mary­land are now dead, and the small­est of three exist­ing incin­er­a­tors just closed for good in March.

The data for 2015 just came out, show­ing that wind pow­er declined for a sec­ond year in a row, while dirty “renew­able” ener­gy increased again, with bio­mass use near­ly dou­bling while black liquor burn­ing at paper mills also increased, though use of trash incin­er­a­tion thank­ful­ly fell.

Vic­to­ry: Stopped a bad bill!

In relat­ed leg­isla­tive efforts, the North­east Mary­land Waste Dis­pos­al Author­i­ty was the sub­ject of a bat­tle we won. The Author­i­ty has been the dri­ver behind exist­ing and pro­posed waste incin­er­a­tors in Mary­land. In 2015, we worked with Car­o­line Ead­er and Fred­er­ick, Mary­land res­i­dents (who fought off the Author­i­ty’s incin­er­a­tor pro­pos­al in an 8‑year bat­tle) to pass a bill redefin­ing the Author­i­ty’s mis­sion to be about zero waste. The Author­i­ty object­ed and we came with­in one vote of pass­ing the bill. In 2016’s leg­isla­tive ses­sion (that ends in ear­ly April each year), the Author­i­ty pushed a bill to expand their pow­ers, pre­tend­ing they were about “resource recov­ery parks,” but seek­ing to be able to bond a wide range of waste and ener­gy facil­i­ties, includ­ing many dirty tech­nolo­gies, while bypass­ing state util­i­ty approval processes.

Ener­gy Jus­tice staff, Dante Swin­ton and Mike Ewall, were the only ones to tes­ti­fy at the hear­ing before the Mary­land Sen­ate Envi­ron­men­tal Com­mit­tee. The Author­i­ty tes­ti­fied that “waste-to-ener­gy” (incin­er­a­tion) is not polit­i­cal­ly or eco­nom­i­cal­ly viable in Mary­land, and insist­ed that they’re a ser­vice orga­ni­za­tion to their mem­ber coun­ties and that they’d fol­low the lead of the leg­is­la­ture if they pre­scribe a zero waste hierarchy.

The Sen­ate com­mit­tee then took the zero waste hier­ar­chy straight from our tes­ti­mo­ny and amend­ed that lan­guage into the Author­i­ty’s bill. With­in a day, the Author­i­ty inter­fered and replaced our zero waste hier­ar­chy with EPA’s waste hier­ar­chy that includes incin­er­a­tion and puts it above land­fill­ing, yet still brand­ed it a “zero” waste hier­ar­chy. This dread­ful bill passed the Sen­ate unanimously.

With help from Sier­ra Club and oth­er allies, we beat back the bill in the House, with spec­tac­u­lar skep­ti­cism expressed by Mary­land Del­e­gates at the hear­ing where we all denounced the bill. In the course of all of this, we devel­oped some good momen­tum to beat back incin­er­a­tion and push for true zero waste in the 2017 session.

See more at http://www.energyjusticenetwork.org/md


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