2025 Legislative Priorities for

Maryland’s General Session

 

The state of Maryland faces a significant budget deficit projected at more than $1 billion for the current year, which will loom over every decision the next General Assembly makes. Maryland’s constitution requires the state to balance the budget, so cuts to many programs are anticipated and any proposed legislation which includes new spending will face significant hurdles. This fiscal challenge raises concerns among many, including Eastern Shore Land Conservancy, that the legislature might once again divert crucial transfer tax funding away from Program Open Space (POS) acquisition to fill budget gaps. Historically, the General Assembly diverted $1.4 billion from POS until the practice paused in 2015. However, thanks to the advocacy of groups like Partners for Open Space, which ESLC currently chairs, $800 million was successfully negotiated to be repaid into the program.

 

 

Diverting funds from POS is not just short-sighted; it undermines a program that delivers substantial economic and environmental returns. The various initiatives under POS, including Rural Legacy, Localside POS, and Heritage Areas, are proven investments that bolster the state’s economy. These programs are indispensable tools for land trusts like ESLC, enabling the protection of vital lands and helping Maryland achieve its ambitious conservation goals. Maryland the Beautiful Act of 2023 set a target to protect 40% of the state by 2040, and thanks to POS and the dedicated land trust community, Maryland is already ahead of schedule, having met the 30% by 2030 goal six years early. 

  

To reach our 40 by 40 goal, Program Open Space must remain fully funded. This program is invaluable, safeguarding farmland and native habitats, creating new parks and natural resource management areas, and preserving the rich heritage that defines our state and the Eastern Shore. We must recognize the far-reaching benefits of POS and resist the temptation to divert its funds. The future of Maryland’s landscapes, communities, and economy depends on it. ESLC is committed to leading the charge in protecting this vital program, ensuring that it continues to provide immense value for our unique rural character. 

 

The rural landscape of the Eastern Shore faces other significant threats, namely large utility-scale solar projects that are financially attractive to build on the region’s flat, open farmland. ESLC has been a vocal advocate of the need to create a mitigation fee system to counterbalance the impacts of these large-scale projects. The Transfer Tax that funds so many conservation projects only applies when a property changes hands, leaving no mechanism to account for land removed from agricultural production when solar is installed on leased lands. The vast majority of solar developments are sited on leased land. At a minimum, these installations will be a permanent part of the landscape for a generation. With the ever-increasing demand for electricity, it is uncertain if and when these projects will ever be decommissioned.  

 

ESLC has already begun meeting with legislators to promote adoption of a per-acre mitigation fee for solar developments to fund permanent conservation easements in the same county where these projects are built. It’s a win-win. Solar developers are keen to have predictable and consistent processes to rapidly deploy solar projects. Impacted counties fear long-term consequences to agricultural viability – the bedrock of rural economies here – when large tracts of farmland are converted.  

 

Workgroups attempting to address the barriers to solar development have thus far been unable to advance comprehensive legislative solutions to the myriad of problems facing renewable energy projects. Mitigating for loss of farmland has been a recommendation ever since the Governors Task Force on Renewable Energy Development and Siting  issued their report back in 2020. ESLC believes the time has come for the General Assembly to enact this important provision during the upcoming session.  Comprehensive legislation appears to be too big of a hurdle to surmount at this time but targeted legislation that addresses long-standing concerns over farmland loss can – and should – be passed this session.