The Maryland League of Conservation Voters, Clean Water Action, Sierra Club- Maryland Chapter, and Environment Maryland are jointly sending this legislative candidate questionnaire for the 2010 election cycle. We thank you for taking time out of your busy campaign schedule to answer these important questions. Your answers will be shared with all four organizations and will be an important factor in each organization’s endorsement decisions.

These questions represent key environmental issues you will likely need to consider during your term as a Maryland legislator.

This questionnaire is for internal use only and will not be shared in its entirety outside of the established confidential endorsement process. However, Maryland LCV, Clean Water Action, Environment Maryland, and the Sierra Club-Maryland Chapter reserve the right to make public specific portions of this document should any candidate’s stated position directly contradict submitted answers.

(John Hayden note to voters: Although the environmental groups have volunteered to keep my answers for their internal information only, I want to publish the answers here on the www.VoteJohnHayden.com Web site for the information of all District 38B voters.)

Personal Commitment and Leadership on Environmental Issues

Question: What environmental issues are most important to you?  Please give specific examples of your environmental leadership or describe leaders who you would like to emulate.  Include specific government examples or organizational work.

John Hayden: Environmental awareness and conservation begins at home. I’m most concerned about the quality of our air, water, and land right here on the Lower Eastern Shore, especially the Maryland Coastal Bays Watershed.

In the mid-1970s, I was a member of the board of directors and secretary of the original Worcester Environmental Trust, founded by Joe and Ilia Fehrer and Bill Ford. I was also editor of the Worcester Environmental Trust’s monthly newsletter. The Trust was most concerned at that time with protecting environmentally sensitive wetlands near Ocean City from development. Protection of Assateague Island was also a major concern at that time.

An obscure footnote to Worcester County environmentalism:  Bill Ford and I co-authored a brief alternative master plan for the county. Yes, we were young and quite full of ourselves.

I admire Tom Horton’s writing about the Chesapeake Bay.

Question:. If you currently serve in the General Assembly, what changes in your approach to environmental issues will you make if reelected in 2010?

John Hayden: Not an incumbent.

Question: If elected, what do you hope to accomplish to advance environmental issues?

John Hayden: My top environmental priority will be preservation of the Maryland Coastal Bays Watershed and the Chesapeake Bay.  Also, support of Smart Growth to direct growth to existing developed areas, and prevent Eastern Shore cornfields from becoming subdivisions.

Access and Communication

Question: Open and honest communication is a critical feature of good government. How, both formally and informally, will you provide such communication? Specifically, what mechanisms and what amount of access do you expect to provide to the environmental community? What will be the role of the public in your decision making?

John Hayden: I’ve been a blogger for more than three years. My primary blog is http://www.marylandonmymind.com and my campaign Web site and blog is http://www.VoteJohnHayden.com If elected, I would expect to continue blogging (probably establish a new blog) about my experiences as a member of the House of Delegates, and about important legislation in process. I think I would also monitor my e-mail daily and try to respond as promptly as possible to all responsible communications. I would welcome input from all parties interested in the health and future of the Eastern Shore Environment, especially the Coastal Bays.

Issues

Access to Courts

Some progress was made in 2009 to expand authorizing citizen lawsuit provisions under some environmental permits.

1. Do you support expanding the rights of citizens to bring lawsuits for other state environmental laws such as land use or environmental justice issues?

Answer: Yes, but with provisions to discourage frivolous lawsuits.

Agriculture

Agriculture is a major source of nutrient pollution in the Chesapeake Bay and our waterways. Maryland’s Tributary Strategies rely heavily on implementation of conservation practices on agricultural lands to reduce polluted run-off to the Bay. However, funding for such practices has been minimal. Questions:

1. Do you support establishing new standards that will reduce polluted run-off from farmlands?

John Hayden: Yes.
2. What would you do to help farmers implement those standards and other best management practices to reduce polluted run-off?

John Hayden: I support state research and outreach efforts to promote sustainable farming and best practices.

3. What would you do to maintain productive farmland in Maryland? How would you ensure working farms are protected from the pressure of encroaching development?

John Hayden: Environmental easements have been effectively used in many Maryland counties (Carroll, Montgomery, and Baltimore Counties come to mind). Unfortunately, it likely will be difficult to appropriate much money for purchase of easements in the immediate future. Therefore, it may be most effective to promote and enforce Smart Growth efforts to prevent suburban sprawl.  I would also like to promote small-scale, specialized farming, especially organic farming. The state could help promote marketing of Eastern Shore organic produce throughout Maryland and nearby states.

4. Do you support alleviating the estate tax to allow farmers to pass on their property to their children?

John Hayden: In general, I support a reasonable estate tax as a matter of tax equity. But narrowly drawn exceptions  for family farms are certainly reasonable.

5. There is mounting evidence that pesticide run-off is adversely affecting the Chesapeake Bay, our waterways and wildlife, and human inhabitants.  Do you support requiring mandated usage reporting data, which is already collected, be made publicly available through a central online system?

John Hayden: Yes, as much government data as possible should be easily accessible to the public. Also, Maryland can support research on farming with fewer and safer pesticides, and can promote organic farming with no pesticides.

Clean Air, Global Warming, and Energy

Question: In 2008, the state established the EmPower Maryland program to reduce our energy consumption 15 percent, per capita, by 2015.  So far, implementation has fallen far short of this goal.  What can the legislature do to address this shortfall?

John Hayden: Significant reduction in energy consumption through conservation efforts alone is difficult. I think it is more effective to focus on developing wind, tidal and solar energy for use in Maryland. I hope the transition to alternative energy sources will raise awareness of the possibilities for using energy efficiently and wisely.

Question: In 2009, Maryland passed the Greenhouse Gas Emissions Reduction Act and is developing a Climate Action Plan. How will you ensure the key elements of the plan are reflected in state policy?

John Hayden: Enforcement of the law is primarily the role of the executive branch and the courts. It will be the General Assembly’s job to find the money to appropriate for Climate Action Plan implementation.

Question: Do you support the state making energy decisions that are consistent with a state Comprehensive Energy Planning process to ensure Maryland’s energy is affordable, reliable, and clean?

Answer: Yes, in view of uncertainties about the East Coast electric grid, it is prudent for Maryland to plan for energy self-sufficiency. Additionally, Maryland should work to reduce our reliance on coal-fueled power plants for electricity. Natural gas, wind, and solar energy are feasible alternatives to coal.

Question: Do you support strengthening Maryland’s renewable portfolio standard to require that renewable energy credits are obtained from renewable energy facilities within the state?

John Hayden:  I can’t claim to be familiar with this issue. I’ll have to learn about it.

Question: Do you support accelerating the solar portion of the state’s renewable portfolio standard?

John Hayden: I support moving forward with wind, tidal, and solar energy.

Question: What else will you do to support the rapid expansion of clean energy?

John Hayden: An additional nuclear power plant in Maryland is a possibility. But it would be controversial and pose risks. Wind, tidal and solar are the best options. In general, I do not support ethanol or biomass fuel, because it would set us up for having to decide, in the near future, between food and fuel. Use farmland to grow food.

Question: Do you support measures requiring utilities to sign long-term contracts with the developers of offshore wind farms on Maryland coast?

John Hayden: I don’t know all the pros and cons of that proposal. I’ll have to learn about it.

Question: Do you oppose the construction of new high capacity (backbone) power lines that would bring coal-fueled electricity from other states to urban centers on the East Coast?

John Hayden: The East Coast power grid needs improvement. Looking at the energy security of the East Coast as a whole, I imagine that bigger and better power lines will be necessary, and that Maryland will need to cooperate with other states in that effort.

Question: What role do you think alternative energy sources, such as bio-fuels and wind energy, should play in Maryland’s energy future?

John Hayden I support wind energy and generally oppose bio-fuels, as explained above.

Question: Hydro Fracturing uses a complex mixture of chemicals to fracture shale rock when drilling for natural gas. Such gas well drilling has had significant public health and environmental consequences.  The rush to find natural gas in Marcellus Shale formations has led to new toxic discharges of wastewater into rivers and streams, often the drinking water sources of communities around these wells.  In addition, millions of gallons a day of wastewater containing salts, metals, hydrocarbons and other toxics are being generated by shale drilling operations. Do you support laws and regulations to limit and control the Hydro Fracturing drilling technique for natural gas in Western or other parts of Maryland?

John Hayden: Yes, of course.

Environmental Budget and the Funding of Programs

Considering the current fiscal challenges faced by Maryland and the need for strong environmental policy, how would you respond to the following questions:

1. Do you support a budget that funds the 2010 Chesapeake Bay and Atlantic Coastal Bay Trust Fund with the full allocation of $50 million each year?

John Hayden: Yes!

2. Funding within the Strategic Energy Investment Fund that was intended for energy efficiency programs, such as home weatherization, was diverted for rate payer assistance in FY10 and FY11.  Will you ensure that this money is not diverted again in the future?

John Hayden: No. In the current economic situation, I believe that assistance to the poor to pay energy bills is a higher priority than weatherization. Weatherization can always be done later.

3. Acquisition of sensitive and threatened lands is a key element to land conservation and curbing poorly planned development. Will you oppose all efforts to divert funds from Program Open Space?

John Hayden: Frankly, I’m not persuaded that all Open Space funds have been used appropriately. Sensitive and threatened lands can also be protected by law, regulation, and zoning. In any event, we will have to make difficult budget choices.  Program Open Space is not as important as, say, funding for the Chesapeake Bay and Maryland Coastal Bays.

4.  The success of many environmental protection and restoration programs depends on adequate funding for the agencies and enforcement.  In Maryland, the Governor generates the state budget but the legislature can impact certain funding decisions through its approval processes.  What will you do to ensure dedicated funding for environmental programs even in fiscally tight budget years?

John Hayden: We won’t be able to fully fund every good program. Personally, my top priorities are preserving full funding for school operations and construction; an adequate safety net for the poor and unemployed; and protection of our watersheds and bays.

5. Agencies such as the Maryland Department of the Environment (MDE) and Department of Natural Resources (DNR) can only adequately monitor and inspect a small percentage of permit holders.  This is due to a lack of funding and staff. Do you support increasing permit fees to provide the necessary funds and resources for agencies to enforce current environmental laws?

John Hayden: Where fees are unreasonably low, they should be increased.  But I think family recreational fishing license fees are high enough already.

6. Maryland’s penalties and fines for violating environmental laws are much lower as compared to federal levels or those of our neighboring states and, therefore, do not act as an adequate deterrent for environmental crimes. Do you support strengthening these penalties?

John Hayden: Yes.

7. What other methods would you initiate to enforce environmental laws?

John Hayden: This falls more under the jurisdiction of the executive and judicial branches. However, the General Assembly can and should conduct oversight hearings to hold executive agencies accountable.

8. As the state fiscal picture becomes more stable, what will you do to lead the legislature to restore and enhance funding for environmental programs?

John Hayden: Many people are in denial about the seriousness of long-term changes in the world economy. I don’t think people should be misled into thinking we’re ever going back to the free-spending affluence of the last 10 or 15 years. More likely, we have entered an era of permanent economic turbulence, and will have to continue adjusting the state budget accordingly.

Environmental Justice

Question: Many economically disadvantaged areas and communities of color are subject to the hazards of environmentally harmful industries and facilities located in their communities. What specific policies have you or would you support to address issues of environmental injustice in Maryland?

John Hayden: Would have to address such situations on a case-by-case basis.

Natural Resources

Question: To what extent do you support allowing the use of public lands and state resources for logging, mineral extraction, and other commercial ventures, including renewable energy?

Answer: In general, I would oppose this. Exception: Locating wind turbines on State lands where appropriate.     

Smart Growth and Land Conservation
Many Marylanders consider sprawl to be a threat to their quality of life. Since 1997, Maryland has promoted Smart Growth as a way to curb sprawl by directing that state funds, such as funding for roads, sewer, water and schools, be allocated to those areas specifically targeted by local governments for growth. This has not had nearly the impact that was envisioned by its supporters, and there have been only minor state policy initiatives since then in the area of smart growth.

1.  What policies would you support to create the type of transformation we need in our development patterns? What leadership role would you play?

John Hayden: Gov. Glendening was the leader on Smart Growth. I think we need to persevere over a period of time to encourage and help counties and municipalities adapt all their planning, zoning, and development programs and procedures to Smart Growth. Avoid extending utilities and roads into undeveloped areas.
2.  Maryland has the ability to use its resources to intervene at the local level regarding land use decisions. It is critical for the state to support good smart growth actions by the county and to oppose development decisions that will be costly to the state, including degradation of precious natural resources such as Mattawoman Creek and Green Ridge State Forest. Do you support the state using its authority to overturn local land use decisions that violate Smart Growth performance measures?

John Hayden: Can’t give a blanket answer to this question. A balance of State and local responsibility needs to be maintained.  In cases of significant potential environmental damage to major resources, I would support state intervention.

3. There are many opportunities to build good neighborhoods centered on transit stations.  Most of our growth in the coming decade should be dense, mixed-use development with easy access to mass transit.  What will you do to support transit-oriented development?

John Hayden: I’m afraid I’m stumped for specifics. The thing is to persevere on every front, legislative and executive, to go in the right direction.

4. A critical element to stopping out of control development is to keep our existing neighborhoods strong and to revitalize those that have failed.  What specific policies would you support to encourage the revitalization of our older communities? Specifically, how would you fund community revitalization programs?

John Hayden: The quality of sidewalks, curbs, streets, and drainage is essential to keep older neighborhoods from decline. Of course, this is also expensive. I’ve often wondered why neighborhood groups, and even individuals, don’t more frequently buy troubled properties, rehabilitate the properties, and then lease or resell the improved property. In other words, individuals and small communities need to take some responsibility for their own destiny. They cannot always wait for help from government.

Solid Waste

1.  Do you support a state-level solid waste plan that requires local jurisdictions to fairly evaluate advanced recycling and other alternatives to incinerators and landfills?

John Hayden: Not sure. What does “fairly evaluate” mean? I don’t want the state to dictate all aspects of local decisionmaking.

2.  Do you support establishing recycling programs that can assist local jurisdictions with additional kinds of recycling, such as recycling computers or other consumer electronics?

John Hayden: The answer is YES, I SUPPORT RECYCLING.

3.  Do you support a “bottle bill” that establishes a recovery fee on all bottles consumers return to local retailers for recycling?

John Hayden: Years ago, I strongly supported a bottle bill such as the one in Maine. Now that recycling technology and systems have advanced, I would need input from recycling and bottling folks to figure out if a bottle fee or bottle recycling would be more effective.

4. Do you support establishing a customer bag revenue program that will reward customers for using reusable bags and requires a store to charge and collect a small fee for each disposable carryout bag the store provides to a customer?

John Hayden: No, you are suggesting government regulatory overkill. Government cannot control every decision the consumer or retailer makes.

Toxics

Question: Do you support a ban on the worst and most dangerous chemicals, like the toxic flame retardant decabrominated diphenyl ether (Deca-BDE), synthetic estrogens such as Bisphenol A (BPA), and phthalates?

Answer: In general, yes, although details about dangerous chemicals are beyond my expertise.

Transportation

Many Marylanders lack transportation choices. Traditionally, the state invests the majority of its transportation funds in infrastructure for roads. Automobiles contribute significantly to air pollution, nitrogen pollution and global warming, creating a very high price tag for the environment and taxpayers.

1. Transit programs such as, Metro, light rail, advanced bus systems, bike and pedestrian improvements, and transportation demand management programs have been successful in reducing single-occupancy vehicle use. How will you make Maryland’s transportation priorities more consistent with statewide policies, visions, and goals, such as the Maryland Climate Plan Action Plan, the Greenhouse Gas Emissions Reduction Act, and the Maryland Energy Outlook?

John Hayden: Eschew obfuscation.  Suffice it to say that I support public transportation. However, I am suspicious about substituting “advanced bus systems” for subways and light rail.

2. Maryland is building the InterCounty Connector to link existing highways.  Do you oppose additional interchanges to the current plan of the InterCounty Connector to limit the amount of sprawling development created by this highway?

John Hayden: I have always believed the ICC to be a necessary link between northern Montgomery County and the Baltimore region. I oppose adding interchanges, except if needed to connect with public transportation systems.

3. Please state your position and provide additional comments you may have on the following projects:

Project	Support	Oppose	Don’t Know
Widening of Route 32 in Howard County			X
Adding HOV/HOT lanes to existing lanes on the  I-495 Beltway	X
Cross County Connector in Charles County			X
Corridor Cities Transit Way	Possibly
Widening I-95 north of Baltimore County			X
Widening I-795			X
The Purple Line	X
Baltimore Red Line	X

Water Quality and Quantity

The Federal Government recently declared the Chesapeake Bay a National Treasure. However, many animal feeding operations and county stormwater systems are currently allowed to operate without pollution permits.

1. Do you believe that the state should support the Environmental Protection Agency taking aggressive action to implement the federal Clean Water Act on behalf of the Chesapeake Bay, including a requirement that more animal feeding operations meet the threshold for permit application?

John Hayden: Yes. The health of the Chesapeake Bay and the Coastal Bays must take precedence. I also believe it is feasible for agricultural operations to control pollution without undue financial hardship. I believe the state should offer appropriate support to help them do so.

2. Do you believe that the state should support the Environmental Protection Agency taking aggressive action to implement the Clean Water Act on behalf of the Chesapeake Bay, including a requirement that more county stormwater systems meet the threshold for permit application?

John Hayden: Yes, but I don’t know where the money’s coming from for major stormwater systems. Might have to approach this on a county-by-county basis.

3. The Environmental Protection Agency is developing “Total Maximum Daily Loads” (TMDL) for particular pollutants in certain waterways in the Chesapeake Bay watershed.  Maryland is currently developing a state implementation plan to meet the TMDL pollution reduction benchmarks under a voluntary agreement with the Chesapeake Bay Executive Council; however, we are way behind schedule.  If the Chesapeake Clean Water and Ecosystem Restoration Act, introduced under the leadership of Senator Cardin and Congressman Cummings, passes then Maryland would be required to draft such an implementation plan.  Do you think this should be a priority in Maryland?

John Hayden:  A priority compared to which other priorities?

4. The Chesapeake Bay Restoration Fund (the Flush Fee) enacted in 2004 addressed the enormous need for upgrading sewage treatment facilities and improving septic systems. As stormwater pollution continues to increase, local municipalities are facing a $20 billion backlog in stormwater infrastructure repairs.  Do you support requiring municipalities to establish a stormwater utility fee (see SB 686/ HB 999 from the 2010 General Assembly session) to address stormwater pollution?

John Hayden: Probably not in the present economic climate. The public is very hostile to increases in taxes or fees.

5. Inefficient development without regard to water resources has led to dwindling water supplies in many areas of the state. Do you support the state withholding additional water withdrawal permits where water supplies are found to be inadequate?

John Hayden: Absolutely support! It would be foolhardy to proceed without adequate water. Carroll County may be such a case.

(signed) Bernard John Hayden  08-03-2010

Democratic candidate for House of Delegates

District 38B, Worcester and Wicomico Counties

443-610-3199   VoteJohnHayden@aol.com

Web site:  www.VoteJohnHayden.com