3954

VETOES

Honorable Steny H. Hoyer
President of the Senate
State House
Annapolis, Maryland

Dear Mr. President:

In accordance with Article II, Section 17, of the
Maryland Constitution, I have today vetoed Senate Bill
586.

This bill enacts the Coastal Facilities Review Act
and creates a comprehensive State permit procedure for
reviewing the design, construction, and utilization of
certain oil and gas facilities within Maryland's coastal
area.

House Bill 319, enacted by the General Assembly, and
signed by me on May 15, 1975, accomplishes the same
purposes as Senate Bill 586, and contains certain
significant provisions which are not included within
Senate Bill 586.

Although both bills provide for a consolidated
application process, House Bill 319 provides that all
units and departments of State government shall cooperate
in the permit process, a provision which should serve to
expedite the application process. In addition. House
Bill 319 provides for expedited judicial review in cases
where the Secretary's action on an application is
challenged. Such provisions should contribute to
eliminating unnecessary delay in the permit process, a
significant concern to industry as well as to the
citizens of this State. House Bill 319 also provides the
Department of Natural Resources with the right
periodically to inspect coastal facilities construction
to insure compliance with permit requirements, a feature
lacking in Senate Bill 586.

There are several other notable differences between
the two bills. House Bill 319 provides that "county"
governments should be involved in coastal area planning
and may initiate judicial review of actions by the
Secretary of Natural Resources on permit applications.
Senate Bill 586 uses the undefined and less specific term
"local" government. As coastal areas are comprised of
certain certified counties. House Bill 319 more clearly
defines the legislative intent of the above provisions.

A further distinction between the two bills concerns
the enforcement mechanism for violations of the Act.
Under House Bill 319, enforcement is restricted to the
Department of Natural Resources acting through the
Attorney General, who is given the authority to seek an
injunction as well as to recover a civil penalty of up to