2298

VETOES

Worcester County is in the process of planning the
construction of a sewage treatment plant on the mainland
side of Sinepuxent Bay. Because of the prohibition against
construction activity set forth in Section 8-1105.0 of the
Natural Resources Article, it appears that placement of a
discharge pipe across the beach erosion control district is
not permissible.

As introduced, House Bill 848 was intended to provide
statutory authority for such a discharge pipe. The bill was
amended extensively during the legislative process and,
unfortunately, as finally passed, raises more questions than
it answers. For instance, the pipe is required to be 36
inches in size; there is no provision for discretion to
reduce the size of the pipe. Moreover, the amended bill
seems to require a determination by the Secretaries of
Health and Mental Hygiene, Natural Resources, and State
Planning that "no economically and practicably feasible
alternative to the project exists and that environmental
disruption will not occur" before the pipe may be
constructed. This language is extremely vague, and it would
be virtually impossible to demonstrate that no alternative
exists and that environmental disruption will not occur;
thus, any approval granted by the State agencies under these
standards would surely invite judicial challenge.

For these reasons I have decided to veto House Bill
848.

Sincerely,
Harry Hughes
Governor

House Bill No. 855

AN ACT concerning

Legislative Employees

FOR the purpose of clarifying the term "legislative
employee" and providing standard employment benefits
and pension credit for all Maryland Legislative
employees.

May 29, 1979
Honorable Benjamin L. Cardin
Speaker of the House of Delegates
State House
Annapolis, Maryland 21404