Wednesday, December 31, 2008

State Error Shorts MoCo Schools $20-25 Million (Updated)

In a shocking memo only now making the rounds of Montgomery County’s political and educational communities, Superintendent of Schools Jerry Weast reveals that a mistake in state budget formulas resulted in aid underpayment to the county’s schools of $20-25 million in this current budget year. The result of this underpayment contributed to spending reductions this year and may help strain employee benefits next year.

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Friday, December 26, 2008

Hoisted from the Comments: Lacefield vs. Pagnucco

For those readers who missed it in the comments section, this exchange between myself and County Executive spokesman Patrick Lacefield about the county's proposed stimulus package is worth reading.

Don't believe everything you read. The Washington Post issued a correction/clarification today that makes clear there is NOT lost revenue from the proposal. Up to $50 million in impact taxes and permitting fees would be DEFERRED for a year for commercial and residential projects to help businesses stuck in recession mud and preserve jobs. Actually that $50 million is an estimate of what County govt. would take in if the economy is humming. Since it's decidedly not, even the deferral dollars are nowhere near that amount. In other words, we are deferring money that, mostly, we aren't getting because projects are not moving forward, something this initiative hopes, modestly, to affect. Permitting fees are an Enterprise Fund (that pays for Permitting Dept. expenses). Impact fees are in the capital budget. And so even this modest deferral has next to nothing to do with the County operating budget, much less the schools operating budget. The County Executive was looking to provide a modest boost for County businesses without it costing much at all. Since this is only a deferral, this proposal does just that.
Pagnucco:

Mr. Lacefield:

I consistently used the terms "delayed" and "deferred" to describe the disposition of the revenues. Your problem on that issue is with the Post, not with us.

But let's assume for a moment that you are correct: Business is not paying many of these fees now. What stimulus is produced by deferring fees that business does not even pay? In all my time in the building trades, I have never heard of a contractor creating a job because he was allowed extra time before refiling a building permit!

If the stimulus package has any value to business at all, it must involve actual (if only temporary) relief from fees. And if it does, the delayed revenues must be made up somehow. That is why the timing of the lost COLAs coming right before this stimulus announcement matters.

And that gets to the root of the problem. Someone in the Executive Branch needs to be able to connect these dots and provide good advice to Mr. Leggett. Someone needs to say, "Hmmmm... The employees just gave up their raises. Now is a bad time to bring in business and hand out nice stuff." It's just good political common sense. But no one did that. Why?

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Wednesday, December 24, 2008

Crisis at WSSC

Last month, I wrote the following about the Washington Suburban Sanitary Commission (WSSC):

...If this agency is not reformed one way or another, things are going to get a lot worse. And then more pipes – and tempers – will explode.
I could not have imagined how soon - and how spectacularly that would come true!

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Bad Boy Barve Gets a Lump of Coal

After the last few weeks, we may as well just rename this blog Maryland Politics Watch with Kathleen Miller. With the Examiner’s trouble-making reporter grabbing scoops left and right, how is an underpaid blogger supposed to compete? This time Ms. Miller’s target was MoCo’s wisecracking Bad Boy, House Majority Leader Kumar Barve (D-17).

Before we got married, my wife and I bought homes and each of us filled out the form saying that the home was our primary residence – which was true. Everybody does this at settlement. We then got married and decided to keep both homes because we could afford both mortgages. We never changed the titles of the properties into joint names because the paperwork seemed unnecessary. If I died, she would get my property and vice versa. We occupy both homes (we live in Annapolis during session – thereby saving the taxpayers the cost of paying for a hotel room for me).

Three years later, our accountant said we would have to fill out a form to declare our Gaithersburg home as our primary residence so that we would get the Homestead credit for the property. We did this. Period.

There are some people who deliberately apply for the credit for investment properties illegally and we wrote the law with them in mind. The situation of a married couple not selling one home was not what we considered. If you recall, there was a news article last year about other legislators from both parties in this situation. Even when reading that article it never occurred to us that we might be in a similar situation.

Maureen and I have tried to be very diligent about NOT getting special treatment of any kind. And, we do whatever our accountant tells us to do.
Barve should fire his accountant. When I Googled “Maryland principal residence,” the very first search result was this SDAT regulation, which states in part:

In cases where spouses own two dwellings and claim each occupies one of the residences, the credit will be granted only on the one property used as the principal residence unless the couple is legally separated. There have been several court cases involving tax credits as well as Internal Revenue Service Regulations holding that the “notion of marriage” would be contravened to allow more than one residence.
In his statement, Barve references a law that was passed in 2007 by the General Assembly. That law, which Barve co-sponsored, was spurred by the work of tax activist Louis Wilen and was intended to crack down on landlords who illegally claimed principal residence status for properties they rented out. But the law’s requirement that citizens apply for renewals of their principal residence also ensnared many non-landlords, including several state legislators. In any case, the SDAT regulation prohibiting dual principal residence for married couples predates this law. The Examiner quoted an SDAT manager who said the prohibition “had been that way forever.”

Most of my informants declined to comment on this even on an anonymous basis. Two of them joked that Barve’s real problem is that his partner is of the opposite sex. One spy laughed, “Hey, if they had been an unmarried same-sex couple, this would all be legal!”

Kumar Barve has a lot going for him. He is whip-smart, wickedly funny, has a long institutional memory of the House as a fifth-term Delegate and holds a position of substantial influence. All of these things make him potentially a great asset for Montgomery County in Annapolis. But on the heels of his DUI guilty plea, he is now in the midst of his second negative story in a year. MoCo’s Bad Boy must stay out of more trouble. Can he do it?

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Tuesday, December 23, 2008

Death of an Institution

By Marc Korman.

Comptroller Peter Franchot recently held a fundraiser in the lobby of the Chevy Chase Bank building in Bethesda. Alex Boyle, Vice Chairman of Chevy Chase, kicked off the event by welcoming everyone to the Chevy Chase Bank building, but then corrected himself to welcome everyone to the Capitol One Building. Montgomery politicians are going to miss more than Chevy Chase Bank’s lobby now that it is being bought by Capital One.

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Horse Breeders or Kids?

A recent Examiner article on a proposal by Delegate Luiz Simmons (D-17) to strip a $100 million subsidy from slots to the horse-racing industry raises an interesting question: should slots money go to horse breeders or kids?

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Monday, December 22, 2008

Purple Line Alternatives and Greenhouse Gas Emissions

This guest blog is by David Salzman. I realize many are worn out from the Purple Line debate but let's keep it civil in the comments. Of course, a variety of viewpoints are expected and welcome on this controversial issue.

This posting provides an apples-to-apples comparison of the medium-investment light-rail transit (LRT) and low-investment bus rapid transit (BRT) vehicles competing for consideration in the inner Purple Line alignment. It analyzes their greenhouse gas performance with all the backup numbers, sources, and calculations spelled out in human-readable and spreadsheet-readable versions.

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How Not to Deal with Labor

Kathleen Miller's account of the budget argument between County Executive Ike Leggett, County Council Member Duchy Trachtenberg and MCGEO President Gino Renne reveals just how bad the county's financial situation is. But even worse is the state of its relations with its labor unions.

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MPW Interview (Updated)

I am the subject of the Examiner's three-minute interview today.

Update: My friend Hans Riemer posted this comment on the interview:

I read MPW all the time. It's a great blog. But I'm a little concerned that Pagnucco gave the Examiner a photo with sunglasses. I mean who does that?? What does Pagnucco have to hide? Maybe it's time for someone to watch the watcher...
That's what I get for making fun of his Facebook profile picture with Obama!

Is This Really Stimulus?

The Post wrote a short article on County Executive Ike Leggett's stimulus proposal on Friday. But in scrutinizing the details, we have yet to find where the "stimulus" is!

1. Increase Local, Small Business Reserve Program (LSBRP) gross annual sales thresholds for local small businesses in the wholesale, retail and services sectors to $5 million from the current levels of $2 million for wholesale businesses or $2.5 million for retail goods and non-construction services, and to $14 million from $7 million for construction services and manufacturing. Also proposed is to increase the employee complement limits from 15 to 30 for wholesale and retail businesses, from 20 to 40 for manufacturing businesses, and from 25 to 50 for businesses in the service and construction sectors.

2. Increase the required percentage of Local, Small Business Reserve Program (LSBRP) participation in annual contracting from the present level of 10% to 20%.

3. Generally, delay up to 18 months, the effective dates of new legislation and regulations that have a substantial economic impact on business.

4. Allow, upon request, deferral of payment of permitting fees and impact taxes for a period of up to twelve months from their current due date.

5. Increase permit application expiration period to eighteen months for those permits associated with new residential and commercial construction.

6. Increase expiration period for inactive building permits to twelve months.

7. Extend the validity period for existing Adequate Public Facility reviews from five (5) years to seven (7) years.

8. Provide an economic and fiscal impact analysis as part of any legislation or regulatory change. The analysis to include an assessment of the impact on both the County and the parties being regulated.

9. Unbundle large County contracts. County requirements that have traditionally been bundled together for administrative and cost savings benefit should be scrutinized as candidates for unbundling.

10. Create a Local Business Networking Forum to provide networking opportunities for small businesses to connect with potential partners.

11. Hold business fairs in the evenings and/or weekends at several county locations, such as the Regional Services Centers. Limit participation to small businesses with annual revenue of $5 million or less.
Items 1 and 2 are legitimately helpful since they steer more money to local and small businesses (although perhaps we should have been doing this all along). But can anyone tell me which of these other measures actually create jobs? Item 4, which delays impact tax payments, may actually slow down the county's ability to build roads and schools. Item 7 prolongs APF reviews for development projects, enabling a developer to sit on a project longer and perhaps leading to delayed construction. Item 8, requiring fiscal impact analysis, is already essentially performed by county staff on new bills. And items 10 and 11, which set up networking forums and business fairs, are already performed by the county's Chambers of Commerce. Not a single new job will be created by Items 3 through 11.

The County Council has already moved on real stimulus by jump-starting a number of state projects through issuing liquor bonds. Further borrowing to finance transportation work would lead to more job creation and more long-lasting investment than any of the items above. (Perhaps the county should start by resurfacing the streets in the neighborhoods destroyed by WSSC.)

And finally, this proposal double-crosses the county's workers. The school employees just gave up raises totaling $89 million for the purpose of deficit reduction. Instead, most of that money will now be used to finance the above package that will cost $50 million in delayed revenues according to the Post. Lost employee raises will definitely have a negative impact on the economy, and now they will be replaced by a costly "stimulus" proposal that may not create a single new job.

Deferred revenue, little or no job growth and wasted county employee wage concessions. I guess I have to give this proposal credit for one thing: multi-tasking!

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Sunday, December 21, 2008

New Report: Maryland Budget Situation "Devastating"

The Maryland Budget and Tax Policy Institute just issued a new report on the state budget. Its conclusions are as dark as can be imagined.

The spending cuts needed to address budget gaps of this size would lead to a catastrophic threat to state programs and Maryland's most vulnerable families and citizens... An all-cut solution to the budget may not be practical. It's time to re-open revenue options as part of a comprehensive budget solution.
This last bit of advice is unlikely to be heeded. The vast majority of the state politicians I talk to agree with Senator Nancy King (D-39), a member of the Senate's Budget and Taxation Committee, who recently told the Gazette, "There is absolutely no interest in any taxes at all."

That sentiment will prevent the state from doing anything about its Crisis in Transportation. And now we will see its impact on education, health care and public safety, which together account for 83% of the state's budget. We are about to find out what "devastating" really means.

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Friday, December 19, 2008

Ike Leggett's Letter to County Employees

County Executive Ike Leggett sent the following letter to county employees last night.

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PartyStat

By Marc Korman.

At December’s Maryland Democratic Party meeting, the Party’s 2008 Election Report was distributed. The Governor affectionately referred to the numbers within as PartyStat, in line with his various initiatives through the years like StateStat and BayStat to use numbers to improve government’s effectiveness. The numbers are impressive.

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Thursday, December 18, 2008

Maryland State Santa



From AFSCME Maryland.

Long Knives for Franchot, Part Four

The Knives of Annapolis are getting longer every day for Peter Franchot. But L’enfant Terrible of Takoma Park may just stick it to his enemies before they stick it to him.

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Wednesday, December 17, 2008

Fall of the Blogs

Two of Maryland’s most prominent blogs stopped publishing last week. We remember both of them today.

I've been doing this unofficially for a while now, so I might as well make it official: I'm putting this blog on hiatus for the foreseeable future. Free State Politics has been a labor of love for me for the last year and a half or so, but it's not something I can attend to with anything near the level of commitment it deserves. It was easier when it was a side project I was doing during grad school, but trying to fit in blog posts (and good ones, at that) with my current work situation -- i.e., underemployed and trying to find a better job in the midst of a world-historical recession -- just isn't feasible anymore. I want to thank my other co-bloggers, in particular Eric, Andy, OnBackground, and Bruce, for all their contributions, which usually were better than my own. Hopefully soon I (or someone else) can give this site a reboot; until then, enjoy Maryland Politics Watch, Lost on the Shore, and other Maryland political blogs out there.
Thanks for the news, views and fun, Isaac.

PolitickerMD ceased operations last Friday. As we wrote a year ago, PolitickerMD was started in late 2007 as part of a network of state political news sites owned by New Jersey real estate millionaire Jared Kushner. These sites looked like blogs, but actually functioned more like online MSM sites complete with paid staff.

According to Politico, the Politicker network is downsizing from seventeen states to six states. One of the lost states will be Maryland. Politico reports that the dropped sites will remain online but not be updated. Kushner is even leaving open the possibility that one or more of them might be revived if justified by financial considerations.

PolitickerMD had great potential but never lived up to it. On the positive side, it was truly a statewide site. Its reporters went into every corner of Maryland and reported on events from Annapolis power struggles down to town council elections. On the negative side, its stories rarely contained any perspective. Many of them were little more than short snippets, quick quotes or links to Post or Sun articles. But they did provide fodder for commentary by others.

And so not even the blogosphere is safe from the historic dislocations in the media that we are witnessing. For-profit sites are buffeted by the same economic forces that are battering print and television journalism. Amateur sites are plagued by the demands of time, work and real life that consume the rest of us.

Goodbye, FSP and PolitickerMD. We’ll miss you. But we also eagerly look forward to the next generation of Maryland blogdom.

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Long Knives for Franchot, Part Three

Baltimore County Executive Jim Smith is a logical choice for Governor O’Malley and Senate President Mike Miller to launch a challenge against hated Comptroller Peter Franchot. But what if Smith decides not to run? Is District 15 Delegate Brian Feldman the answer? We asked our spies and, as usual, they did not disappoint.

Basically, Brian has to tap into the vast hatred that Peter has in the Democratic Party right now. Also, Jim Smith has to NOT run. So, yes, Brian could win. If Jim Smith did not run, O’Malley would gladly put Brian (or any reasonable person) on his ticket. Being from Montgomery County, Brian would be best. Brian would not need to raise as much money as Peter, he would just need to be on Martin's Team.

One other thing, Brian could develop a really good argument -- governmental efficiency. He could expand the portfolio of the Comptroller to include internal management audit control, sort of an “Inspector General” type function. He could make a lot of hay by training his sights on specific examples of governmental waste starting with the Comptroller’s Office. This could be embarrassing for Peter. He could also go after auditing abuse - always a perennial favorite.

Of course, Peter is still the favorite to win because the voters like him. But the election is still a long ways off.
Spy #2:

I can’t believe it really. It certainly is true that Brian has a good background for it, given his time in the legislature and the fact that he's a lawyer and a CPA. For a legislator he's a better than average fundraiser, but would have to step it up big time for a statewide run.

No doubt Peter has angered many in the Democratic establishment, but how many of those people will really pony up with time and money to help Feldman?

Peter did a lot to grease the skids a few years prior to his run by rallying up the progressives. Brian would need to make tons of friends and can’t just be the anti-Peter.

Now I tend to be a skeptic, but I'm guessing it’s just a crazy rumor, and if I were Brian, I wouldn’t confirm or deny it. I would just smile and be glad that people were talking about me in a good light. The more you get talked about in political circles about “big” things, the slightly more likely that good things happen.
Spy #3:

Personally, while I think Feldman would be the best fit for Comptroller based on his background, experience, smarts and temperament, I’d like to see him as Speaker, Majority Leader, or Economic Matters Chairman -- and I don’t think any of these are out of the question. He presents a strong viable alternative to some others seen as being in the running for those spots -- and his leadership talents are very, very strong. I don’t think that it hurts Feldman to be mentioned in the article. In fact, I think it helps brand him as a viable statewide leader overall, and gets people thinking about him for a near to mid term leadership spot.
Spy #4:

O’Malley should be careful about encouraging challengers to Franchot for Comptroller, since it could just persuade Franchot to run against O'Malley.

Feldman is one of several bright, smart, handsome young men from Montgomery County who don’t want to wait forever to move up the ladder but may have to wait for a long time, since Chris Van Hollen has to wait to run for Senator Mikulski’s seat and Rob Garagiola has to wait to run for Chris Van Hollen’s seat.

Basically I think it would be a mistake for Brian to give up his House seat for a long-shot statewide race right now, unless he’s really prepared to end his political career at this relatively early stage.
Brian Feldman has many supporters in the county who believe he could move up in Annapolis. They would hate to see him leave politics prematurely. But if he actually became Comptroller, he would excel in the job. Would the voters understand that? Not if Peter Franchot has his way. And the incumbent Comptroller is not done yet – not by a long shot. We conclude in Part Four.

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On Political Pulse

Michael Busch, the Speaker of the Maryland House of Delegates will be on the "Political Pulse" TV Show on:

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Tuesday, December 16, 2008

Edgerley Resigns at DBED

The Baltimore Business Journal is reporting that David Edgerley, Maryland's Secretary of the Department of Business & Economic Development (DBED), is resigning.

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What Does Weaver's Departure from Franchot's Office Mean? (Updated)

Maryland Moment is reporting that Comptroller Peter Franchot's Chief of Staff David Weaver has been hired for the same position by Congressman Chris Van Hollen. This is big news but its full meaning is unclear.

David Weaver is one of the most talented and decent people I have ever met in my three decades in politics and public policy. I spent nearly eight years on Capitol Hill as an aide to the previous Democrat who represented Maryland's 8th Congressional District -- Michael D. Barnes. I know from that experience and from a decade representing part of the 8th District in the General Assembly that Congressman Van Hollen and the people he represents will be extremely well served with David Weaver as Chief of Staff.
Here's what some of our undercover informants had to say:

David is going back to his legislative roots. He’s a smart guy and will thrive on the Hill. Leaving “Peter the Isolated” for “Chris the Hero” is clearly a big step up for him.

Weaver was much too smart to be working for the Comptroller. Guess he had to because there wasn't anything else at the time, but it is a huge win for Van Hollen to get someone of his caliber.

David has outstanding political instincts and has likely concluded that the long-term upside potential of hitching his wagon to the Franchot show horse is exceedingly limited while the downside exposure of being tied to, and tainted by, this guy is huge.

David Weaver is very talented in managing both political and communications strategies. Despite what many think, they are separate disciplines. David is unusual in that he can do both at a very, very high level. This is a real loss for Peter Franchot. Peter's formula for success relies on generating ink and stirring the political pot with a populist message. It's a house of cards, a bubble that so far he's been able to stay on top of. I wonder if David's departure is the first step in the bursting of the Franchot bubble. Never count Peter out, but this is a big loss. If you're Weaver and Van Hollen calls, why wouldn't you take the job? As head of DCCC and liaison to the White House, Van Hollen will be right in the middle of the political intrigue at both ends of Pennsylvania Avenue.

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Maryland's Request for Stimulus Money

Following is a letter from Governor Martin O'Malley to Congressman Chris Van Hollen requesting federal stimulus aid. The Governor sent identical letters to the rest of the state's Congressional delegation.

An expansion of unemployment insurance – to preserve workers’ expiring benefits;

Medicaid funding (in the form of increased Federal Medical Assistance Percentage) for states so that they can continue to provide health care to the growing populations that need it in these difficult times;

An aggressive investment in the kinds of “ready-to-go” infrastructure improvement projects – construction and/or repair of roads, bridges, tunnels, transit systems, parks, sewers, energy efficiency upgrades, information technology systems, (health IT, public safety and other services) and schools, to offer only a few examples – that can immediately put America back to work in a targeted and efficient manner; and

A flexible block grant to states that can be used to craft the most appropriate solutions to the very unique challenges they face.
As you prepare for the start of the 111th Congress and continue efforts to address the national economic crisis, I wanted to provide you with an update on the changing dynamics impacting Maryland’s transportation, public works and housing infrastructure programs. Several pieces of federal legislation are proposed for expedited action in January, many of which would provide much needed relief to the strained transportation system, provide the resources necessary to initiate construction of priority projects in our State, and create hundreds of new jobs to recharge the flailing state and national economies.

Speaking specifically to our transportation needs, due to declining revenues this summer and fall, the Maryland Department of Transportation (MDOT) made budgetary deferrals of over $1.1 billion to the State’s six-year transportation improvement program. Prolonged impacts of vehicle titling requirements and motor fuel taxes will require us to make even deeper cuts into the capital programs for transit and highways as well as pare back the operating budgets of all MDOT agencies. We therefore stand ready to make immediate use of federal funding, should it be provided to states through Congressional action.

MDOT has identified at least 50 projects with a total estimated cost of more than $310 million that could be underway or advertised within 180 days of enactment of federal infrastructure funding provisions in an economic recovery bill. Among these projects are $100 million in highway resurfacing, $50 million in bridge rehabilitation, and $15 million in safety improvements that would provide guardrails, traffic signal upgrades and accessibility improvements. Another $18 million could go to Baltimore area transit needs, $48 million to MARC rail projects, and $83 million for aviation. Furthermore, full funding is needed for the Army Corps of Engineers Operating and Maintenance budget to ensure that critical dredging projects in the Chesapeake Bay do not slip, endangering maritime safety, the flow of commerce and the environmental health of the Bay.

Moreover, the Maryland Department of the Environment (MDE) has identified more than 100 much needed water and wastewater infrastructure projects with a total estimated cost of nearly $1 billion that could commence construction within the required time frame. Many of these projects will significantly and directly benefit the Chesapeake Bay by reducing nutrient pollution to the Bay and its tributaries. They include construction of new or upgraded wastewater treatment plants, installation of enhanced nutrient removal technology at wastewater treatment plants discharging into the Bay or its tributaries, the replacement and upgrade of sewer lines with inadequate capacity to reduce sewer overflows and storm management projects to reduce runoff of pollutants into streams and other water bodies.

In addition, the Maryland Department of Housing and Community Development (DHCD) has identified a range of infrastructure projects nominated by nine small local governments as well as 14 affordable rental housing projects that will help address critical needs across the State. The finance and construction of both types of activities has been severely limited in the wake of the ongoing challenges in the financial markets. The infrastructure projects, which total $100 million, range from water and sewer projects in BRAC-impacted Aberdeen to street improvements in Berlin to a police station in Laurel. The affordable rental housing projects total $119 million in construction costs and would create 1,080 units to serve individuals with disabilities, seniors, and families. These developments include projects that will revitalize public housing, build capacity in BRAC-impacted jurisdictions, and preserve existing affordable housing units. The projects will help address Maryland’s projected shortfall of 151,000 affordable/workforce rental housing units while creating an estimated 1,600 full time equivalent positions during construction stimulating $66 million in wages and salaries.

Not only would an infusion of funds keep hard-working people employed, it would allow us to deliver infrastructure improvements that will last beyond the immediate economic crisis.

We urge you to give us the tools to initiate work expeditiously, by waiving matching requirements and according us the flexibility to apply the funds in line with our needs as envisioned in the Consolidated Transportation Program for federally eligible highway and transit projects. For our part, I pledge these funds will be administered in a timely and accountable manner; if we cannot activate these “shovel ready” projects in the time allotted by statutory rules, we will return the money to the federal government. But make no mistake: I have no doubt about our ability to deliver these projects.

Thank you for your continued dedication to the State of Maryland and for your strong support during a time when everyone stands ready to pitch in for the greater good of the nation.

Sincerely,

Martin O’Malley
Governor

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