Martin O'Malley

The Baltimore Sun wrote in a June 2014 editorial that "rain tax" claims are "nonsense" since "Maryland does not tax the rain. It has directed its 10 most populous jurisdictions to raise revenue to pay for stormwater management upgrades that will prevent pollution from choking the Chesapeake Bay, per federal environmental regulations." Washington Post reporter Jenna Johnson wrote in a fact check article that "it's more of a pollution tax than a rain tax."

The nonprofit Chesapeake Bay Foundation called the "rain tax" moniker "blatantly false," stating: "The truth is that we are talking about a fee to reduce pollution from water that washes off hard surfaces and empties into local waterways. Runoff pollution is real--it is responsible for no-swimming advisories and beach closures in local waters, fish consumption advisories, and dead zones in the Bay that can't support aquatic life. It also causes localized flooding and property damage. And in many areas, it is the largest source of pollution."

The misleading "rain tax" talking point has repeatedly been used by Maryland Republicans, especially during Larry Hogan's successful run for Maryland governor. In May, Hogan signed SB 863, the "Rain Tax Mandate Repeal (Watershed Protection and Restoration Programs, Revision), which repeals the requirement that forces local jurisdictions to collect a stormwater remediation fee, and instead authorizes such jurisdictions to do so." The Sun reported that "environmentalists worked to get the proposal from an outright repeal of stormwater fees to the version that passed."