Governor, Legislature at odds over status of MD's Healthy Air Act

Governor, Legislature at odds over status of MD's Healthy Air Act

Washington (Platts)--6Apr2006

The status of Maryland's Healthy Air Act, which would cut mercury and sulfur
dioxide emissions 80% by 2010, nitrogen oxide emissions 69% by 2009 and carbon
emissions 10% by 2018, is a bit unclear.

Both houses of the state legislature passed S.B. 154 last Friday and sent it
along with 14 other bills to Republican Governor Robert Ehrlich, but when
clerks tried to deliver the bills, the governor's office was closed. It was
reported that the office door was locked at 4:30 pm.

An investigation and opinion by the assistant attorney general who advises the
legislature found that the good faith effort of the Senate to deliver the
bills met the requirements, and the governor should consider the bills, AG
spokesman Kevin Enright told Platts Wednesday.

"It is my view that, based on the facts as I understand them and case law,
attempting to deliver the bills on Friday afternoon constitutes presentment
within the meaning of Article III, subsection 30 of the Maryland
Constitution," Assistant Attorney General Robert Zarnoch, counsel to the
General Assembly, wrote in his April 3 opinion to Senate President Thomas
Miller.

The governor's staff was adamant. "As far as we're concerned, those bills were
delivered at 12:56" pm Monday, said Shareese DeLeaver, the governor's
spokeswoman, "and we have a signed receipt by the secretary of the legislative
staff to prove it."

The deadline was crucial. If the legislation arrived on Friday, the governor
was required to sign or veto it by this Friday.

Legislature could override veto

Under the AG's opinion, the governor has six days, not including Sunday, to
respond. If Ehrlich doesn't either sign or veto the bill, it would become law.
"If he vetoes it, both [the House and the Senate] have time to override it,"
David Kahn, legislative aide to Senator Paul Pinsky, told Platts Wednesday.
The legislature is set to adjourn at midnight on Monday.

Pinsky, a Democrat and lead sponsor of the bill, called the action "silly" in
a letter to Ehrlich.

"Unfortunately, your staff chose to lock the doors and not receive any further
bills for presentment [last Friday]. On Saturday (April 1, 2006), when
approached by representatives of the legislature, one of your top level
legislative staff refused to accept the presentment once again," Pinsky wrote
in his April 3 letter. "The image of your staff members cowering behind a
locked door and refusing to accept documents from the Legislature simply
doesn't square with how you personally do business. If you have disagreed with
a position in the past, you have been forthright in your opposition."

The Healthy Air Act is stricter than Ehrlich's Clean Power Rule issued in
November that proposed mercury reductions of 70% by 2010 and 90% by 2018, NOx
reductions of 69% by 2010 and SO2 reductions of 85% by 2010.

Democrat Miller urged the governor to accept the bills. He also said the
governor's office had tried to set up a bill-signing ceremony for Thursday.
"I'm not sure what bills he wants to sign," Miller said.

Kahn said he was not sure if the governor objected to the bill. "At times he
indicated he didn't like aspects of the bill and that it would drive up
electricity costs further than they are already rising, but then he
promulgated similar rules for all the emissions except carbon. His rules and
the bill in front of him are very close."

"You have already shown an openness to addressing the dangerous pollution
emitted from the state's coal-fired power plants and I applaud those efforts.
? If you choose to veto the Healthy Air Act, please direct your staff to abide
by the constitution and do so in a timely manner," Pinsky urged. "I find it
startling that your staff has chosen this approach. Knowing you, I just don't
believe that you would condone it. And again, I do hope you support the
legislature's efforts in passing the Healthy Air Act and will sign the bill in
a timely fashion."

-- Mark E. Heckathorn, mark_heckathorn@platts.com

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