May 26, 2004

The Honorable Thomas V. Mike Miller, Jr.
President of the Senate
State House
Annapolis, MD 21401

Dear Mr. President:

In accordance with Article II, Section 17 of the Maryland Constitution, I have today vetoed Senate Bill 694 - Chesapeake and Atlantic Coastal Bays Critical Area Protection Program - Miscellaneous Enforcement Provisions.

This bill requires a local jurisdiction to make a specified presumption when considering a variance application under the Chesapeake and Atlantic Coastal Bays Critical Area Protection Program; establishes the burdens of proof and persuasion in a variance application; requires a local jurisdiction to make findings and authorizes the findings to be based on specified evidence and testimony, and requires a local jurisdiction's program to include buffer requirements and specified penalty provisions.

House Bill 1009, which was passed by the General Assembly and signed by me on May 26, 2004, accomplishes the same purpose. Therefore, it is not necessary for me to sign Senate Bill 694.

Very truly yours,
Robert L. Ehrlich, Jr.
Governor