Letter to AELR Worcester County

The Honorable Paul Pinsky, Senate Chair

Committee on Administrative, Executive, and Legislative Review

James Senate Office Building

11 Bladen Street, Room 220

Annapolis, MD 21401

The Honorable Samuel Rosenberg, House Chair

Committee on Administrative, Executive, and Legislative Review

House Office Building

6 Bladen Street, Room 365

Annapolis, MD 21401

(Electronic with hard copy to follow)

Re:                  Proposed Phosphorus Management Tool Regulations 

Dear Senator Pinsky and Delegate Rosenberg:

The Worcester County Commissioners are concerned with the potential economic impact from the proposed Phosphorus Management Tool (PMT) regulations published in the December 1^st issue of the Maryland Register.  The regulations would modify the nutrient management recommendations in the Maryland Nutrient Management Manual by determining phosphorus as the limiting nutrient and transition to the use of the PMT tool. These regulations are now under review by the Joint Committee on Administrative, Executive, and Legislative Review (AELR).

Worcester County respectfully requests that a hearing be held to discuss the true fiscal implications that would result from the implementation of these regulations.  These regulations will have a major impact on agricultural operations on the lower shore, especially in Worcester County.  The original data runs by the developer of the PMT had estimated Worcester’s soil risk values to be high for a great majority of available croplands.  This could necessitate manure relocation for a great majority of Worcester farms that use manure as a requirement in using the tool as proposed in the submitted regulations.  The substitution of commercial fertilizers will also add costs to our local agricultural producers.  The local infrastructure required to support a relocation effort like this does not exist on the shore today. 

While the economic impact study required by the state budget has been completed, we caution that the scenarios examined did not include: off-farm impacts, considerations for delays in alternative uses coming online, and local infrastructure that is inadequate to ensure compliance with the proposed regulations.  Implementation of the PMT will result in significant economic impacts (both indirect and direct) in shore jurisdictions with economies dependent on agriculture.  The proposal for spending on subsidies, construction of storage structures, and transportation cost-sharing do not inspire confidence they will be continued and institutionalized considering the scope of budget insecurities currently confronting Maryland.

In addition, it should be noted that Maryland was not idle during the PMT debate.  The Maryland Department of Agriculture (MDA) has manure incorporation and the limits on fall nitrogen applications which took effect in fall 2012, with setbacks and stream protection measures coming on board in January 2014. The winter ban on spreading manure will be phased in beginning July 1, 2016, with complete implementation by March 1, 2020.  These requirements will be in addition to the new requirements under the proposed regulation.

Worcester County joins with our shore legislative delegation in requesting that a hearing be held to ascertain the fiscal impacts of these regulations and review information from our agricultural producers before the PMT is implemented.

                                                                                    Sincerely,

                                                                                    James C. Church

                                                                                    President        

cc:        The Eastern Shore Delegation