How green is the governor?

Gov. Robert Ehrlich touts his record preserving open space and winning passage of the huge Chesapeake Bay Restoration Act. Yet he gets failing grades from environmental groups who have endorsed his Democratic challenger, Baltimore Mayor Martin O?Malley.

After some early stumbles, Ehrlich?s environmental record has improved, environmentalists say. There is little to justify the mayor?s claim that the governor?s vaunted Bay program, financed by the so-called “flush tax,” is actually a ploy to aid developers.

During Ehrlich?s first two years, he proposed selling some state park land for development. Those plans led the General Assembly to propose a constitutional amendment on the ballot next month that would require the legislature?s approval for sale of open space. Ehrlich supports the amendment.

Ehrlich diverted more than $400 million from the open space fund to balance the budget, but when the economy improved, he returned the money and preserved more than 60,000 acres.

O?Malley?s charge about the $2.50-a-month flush tax aiding development came after reports that some Eastern Shore communities granted more development by adding capacity to their sewage treatment plants at the same time they were upgrading them to reduce nitrogen.

“The funds are being used correctly to increase the efficiency of the wastewater treatment plants,” said Del. Maggie McIntosh, chair of the Environmental Matters Committee.

The law forbids the towns from using the new state funds to expand, but they?re using local funds to do that. The problems come as capacity increases growth.

The Bay Restoration Act is “working well,” said Kim Coble of the Chesapeake Bay Foundation.

Ehrlich is reluctant to use state power to overrule local planning decisions, while O?Malley favors reinstituting the Office of Smart Growth.

Ehrlich?s record in weakening enforcement of environmental regulations, and his failure to control sprawl and expand mass transit, are what persuade environmental groups to support O?Malley. He has promised to strengthen regulation and improve public transportation.

O?Malley was forced by federal lawsuit to revamp Baltimore?s aged sewer lines that were dumping effluent into the harbor. To pay for it, the city added a 5 percent surcharge to sewer and water bills.

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