Testimony for Senate Bill 399 was presented before the Education, Energy, and Environment Committee on March 6, 2024. Steve Storck was among those presenting unfavorable testimony for a bill that asks for the removal of wildland protections. The construction of overhead transmission lines through Garrett and Allegany counties would violate natural habitats currently untouched by development – something that worried legislators who established permanent protective measures over 50 years ago.
We asked Steve how the SB0399 hearing went, as the bill has passed in the Senate. A sister House Bill, HB1270, is awaiting a vote as of this post's publication date. WATCH HEARING
1. What is your takeaway from how the SB0399 hearing went and how its passing played into the testimony and debate?
"It was unfortunate that we were in the middle of one of the largest snowstorms in several years in Annapolis. Vice-Chair Cheryl Kagan (D) had left, and they were all ready to go. Senator Benjamin Brooks (D) was the only one who seemed to be listening to my testimony."
Following Storck's concise testimony, he said no questions were asked of him whatsoever, which was very disappointing after the many hours of preparation he invested to better inform the committee about how the bill violated state statutes designed to protect Maryland's natural habitats.
"I believe it was purposeful that Chairman Feldman put this bill at the end of the day. While I missed it, I think having had the opportunity to participate in the February 27 debate would have been the best engagement opportunity."
Storck noted that four representatives for NextEra were the only outside people present and naturally in favor of the bill. What Storck found surprising was that Senator Mary Washington (D), who serves Baltimore County and has a history of supporting environmental protections, stated she would never support the bill, but on March 6th, she changed her position by voting in favor of SB0399.
Senator Brian Feldman (D), who serves Montgomery County's 15th District, joked about shipping objectors in from Garrett County. This was a common tactic used during the battle to pass the ban on fracking, suggesting that regular citizens don't care. Annapolis may be far from Garrett County, but that hasn't stopped residents from making the trip to voice concerns. Storck admits he did get a cryptic request from Josh Tulkin of the Sierra Club for a very specific item, but Storck's interest in this particular bill was his alone.
No one from the Committee asked Storck for additional information about his informed testimony.
Opposing testimony was never shared during the original hearing, during the bill's passing, during the February 27 debate, nor during the final vote on March 6th, according to Storck. This seemed particularly suspicious since 37 people submitted unfavorable testimony, and only two supported the legislation. The two presenting favorable testimony included Senator Mike McKay (R), serving Garrett, Allegany, and Washington Counties, and NextEra Energy representatives, the corporation that would be constructing the transmission lines.
"As far as I am concerned, this was a sham shoved through by Chairman Feldman. It was also disguised as a Republican effort by having McKay sponsor it to protect the Democrats," Storck adds, "but it is more and more obvious that this has high-level Democratic leadership support."
During testimony, NextEra representatives repeatedly claimed to have held over fifty public engagement sessions throughout Maryland. Yet, Storck, who typically jumps at the opportunity to comment, recalls no scheduled events to hear from NextEra or comment on the proposed transmission line project.
2. Do you feel state representatives understand the gravity of the bill?
"Senator Feldman corrected another Senator who asked if it was a local issue, saying that it had statewide implications."
While passing this bill itself wouldn't remove the requirement to bring future exceptions for this type of non-conforming use in Wildlands, Storck pointed out, Feldman clarified the precedent would be a change in business for these types of protections.
"Also, I think the main intent, which was unspoken, was to shift the authority to the Public Service Commission to make this and future projects that crossed Wildlands easier."
3. Should it pass, is there anything Western MD residents should do?
"I do not believe this bill, conceived and presented in this fashion, should pass as it violates the state statute and regulations. As I said in the Webinar, it is placing the cart before the horse. If the governor wants this, he should follow the COMAR process to make such a proposal. Then we can have a real debate about such a bill next year and after public engagement."
Storck provided some recommendations for residents who oppose this legislation.
1) Contact the Office of the Attorney General and ask for a legal review of these bills in relation to the Wildlands Preservation System statute and COMAR regulations prior to the vote on HB1270 or a general vote by the Assembly.
2) Write to your delegate or senator and ask them to request an OAG review of these bills prior to a floor vote. Ask them to vote against these bills if they come to the floor to preserve the integrity of our Wilderness Preservation System.
3) Attend the DNR Open House on March 13 at Savage River Lodge, make your concerns known, and ask the lead DNR representatives why they did not oppose these bills, given that they directly violate the statute and the DNR-authored regulations. If you cannot attend in person, you are encouraged to enter your comments on the DNR form - https://form.jotform.com/250423812010035
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