Lawmakers want more cover crops to reduce bay's nitrogen

ANNAPOLIS -- Two local lawmakers are continuing a fight to increase bay restoration funding dedicated to planting cover crops.

Frederick Delegates Donald Elliott and Paul Stull, both Republicans, are co-sponsors of the bill. They testified before the House Environmental Matters Committee on Wednesday, arguing that cover crops are the best way to cost-effectively reduce nitrogen in the Chesapeake Bay.

The bill would redistribute money obtained from septic tank users through the "flush tax" by increasing the amount dedicated to planting cover crops from 40 percent to 60 percent, and decreasing the amount spent on upgrading septic systems from 60 percent to 40 percent.

Cover crops such as barley, canola, kale and rye absorb nitrogen from the soil. The agricultural community generally favors increasing the funding.

Elliott and Stull have introduced versions of the bill since 2006. Last year, the committee recommended against passing it.

"I'm going to give you two the award for being persistent," committee Chairwoman Maggie McIntosh said as she started the hearing Wednesday.

Elliott said more money should go to cover crops because they will have a greater effect on nitrogen levels. The increased funding would result in a reduction of 530,000 pounds of nitrogen a year, according to the Maryland Association of Soil Conservation Districts.

By contrast, the Maryland Department of the Environment said the change would take away septic upgrades that could result in the reduction of 91,000 pounds of nitrogen over five years.

"It's a bill that simply pleads for environmental fairness," Elliott said.

Jay G. Sakai, director of the Waste Management Administration in MDE, testified against the bill.

He said the current funding mechanisms are in place to address a growing problem -- the approximately 400,000 existing septic systems in the bay's watershed, each generating about 12 pounds of nitrogen per year.

He described the program to upgrade systems as in its infancy and said reducing funding would prevent the state from educating owners about the importance of the upgrades.

"The reality is that the Bay Restoration Fund, which charges septic owners the annual fee, would normally be intended to begin to address the growing problem of discharge from septic systems into the Chesapeake Bay," he said.

But Stull and Elliott hope committee members are convinced that cover crops deliver more bang for the buck.

Last year, the state ran out of funding for cover crops, Stull said.

"Cover crops extract the most nitrogen in the soil for the least amount of money provided," he said.

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