Maryland 2022 Regular Session

Maryland House Bill HB880 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0880
6	6
7	7	HOUSE BILL 880
8	8	P1, M3 2lr1883
9	9	CF 2lr3077
10	10	By: Delegate Boyce
11	11	Introduced and read first time: February 7, 2022
12	12	Assigned to: Environment and Transportation and Economic Matters
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Environment – Impact of Actions on Climate, Labor, and Environmental Justice 2
19	19
20	20	FOR the purpose of prohibiting a certain governmental unit from taking an action unless 3
21	21	the governmental unit has conducted certain evaluations and assessments of the 4
22	22	impact of the action on the climate, labor and employment, environmental justice, 5
23	23	and any overburdened community; authorizing a governmental unit to deny, 6
24	24	condition, approve, or amend an action based on certain findings; requiring 7
25	25	governmental units to coordinate and seek federal funding to meet the requirements 8
26	26	of this Act; and generally relating to the impact of actions on climate, labor, and 9
27	27	environmental justice. 10
28	28
29	29	BY adding to 11
30	30	Article – Environment 12
31	31	Section 1–901 through 1–905 to be under the new subtitle “Subtitle 9. Impact of 13
32	32	Actions on Climate, Labor, and Environmental Justice” 14
33	33	Annotated Code of Maryland 15
34	34	(2013 Replacement Volume and 2021 Supplement) 16
35	35
36	36	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
37	37	That the Laws of Maryland read as follows: 18
38	38
39	39	Article – Environment 19
40	40
41	41	SUBTITLE 9. IMPACT OF ACTIONS ON CLIMATE, LABOR, AND ENVIRONMENTAL 20
42	42	JUSTICE. 21
43	43
44	44	1–901. 22
45	45
46	46	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 23
47	47	INDICATED. 24 2 HOUSE BILL 880
48	48
49	49
50	50
51	51	(B) “ACTION” INCLUDES THE WHOLE O R A PART OF A RULE , AN ORDER, A 1
52	52	LICENSE, AN APPROVAL, A DENIAL SANCTION , OR RELIEF ISSUED BY A 2
53	53	GOVERNMENTAL UNIT . 3
54	54
55	55	(C) “ENVIRONMENTAL JUSTICE ” HAS THE MEANING STAT ED IN § 1–701(A) 4
56	56	OF THIS TITLE. 5
57	57
58	58	(D) “LOW–INCOME” MEANS AN INDIVIDUAL WHO RE SIDES IN A HOUSEHOLD 6
59	59	THAT HAS AN ANNUAL H OUSEHOLD INCOME THAT IS AT OR BELOW 200% OF THE 7
60	60	FEDERAL POVERTY GUID ELINES. 8
61	61
62	62	(E) (1) “OVERBURDENED COMMUNIT Y” MEANS: 9
63	63
64	64	(I) A LOW–INCOME OR MODERATE –INCOME COMMUNITY ; OR 10
65	65
66	66	(II) A COMMUNITY OF COLOR I N WHICH THE RESIDENTS EITHER 11
67	67	PRESENTLY OR HISTORI CALLY HAVE BEEN BURD ENED BY DISPROPORTIO NATELY 12
68	68	HIGH NUMBERS OF ENVI RONMENTAL AND PUBLIC HEALTH STRESSORS , INCLUDING 13
69	69	POLLUTION, ADVERSE HEALTH EFFEC TS DUE TO POLLUTION , REDUCED 14
70	70	WELL–BEING, AND DIMINISHED ECONO MIC SUCCESS. 15
71	71
72	72	(2) “OVERBURDENED COMMUNIT Y” INCLUDES: 16
73	73
74	74	(I) ANY CENSUS TRACT IN WHICH, ACCORDING TO THE MOS T 17
75	75	RECENT U.S. CENSUS BUREAU SURVEY: 18
76	76
77	77	1. AT LEAST 25% OF THE RESIDENTS QUALIFY AS 19
78	78	LOW–INCOME; 20
79	79
80	80	2. AT LEAST 50% OF THE RESIDENTS IDE NTIFY AS 21
81	81	NONWHITE; OR 22
82	82
83	83	3. AT LEAST 25% OF THE RESIDENTS HAVE LIMITED 23
84	84	ENGLISH PROFICIENCY ; OR 24
85	85
86	86	(II) AN AREA OR A NEIGHBORHOOD DESIGNATED BY THE 25
87	87	SECRETARY AS AN OVERBURDENED COMM UNITY IN ACCORDANCE WITH § 1–902 OF 26
88	88	THIS SUBTITLE. 27
89	89
90	90	1–902. 28
91	91
92	92	(A) SUBJECT TO SUBSECTION (B) OF THIS SECTION AND ON PETITION OF AT 29 HOUSE BILL 880 3
93	93
94	94
95	95	LEAST 10 RESIDENTS OF AN AREA OR A NEIGHBORHOOD LOCATED WITHIN A CENSUS 1
96	96	TRACT THAT DOES NOT MEET T HE CRITERIA SPECIFIE D IN § 1–901(E)(2)(I) OF THIS 2
97	97	SUBTITLE, THE SECRETARY MAY DESIGNA TE THE AREA OR NEIGH BORHOOD AS AN 3
98	98	OVERBURDENED COMMUNI TY IF THE SECRETARY DETERMINES THAT THE AREA OR 4
99	99	NEIGHBORHOOD OTHERWI SE QUALIFIES AS AN O VERBURDENED COMMUNITY . 5
100	100
101	101	(B) THE SECRETARY MAY DENY A PETITION SUBMITTED U NDER 6
102	102	SUBSECTION (A) OF THIS SECTION IF T HE SECRETARY DETERMINES THAT THE AREA 7
103	103	OR NEIGHBORHOOD THAT IS THE SUBJECT OF TH E PETITION: 8
104	104
105	105	(1) HAS AN ANNUAL MEDIAN HOUSEHOLD INCOME THA T EXCEEDS 9
106	106	125% OF THE STATEWIDE MED IAN HOUSEHOLD INCOME ; 10
107	107
108	108	(2) HAS A MAJORITY OF IND IVIDUALS AT LEAST 25 YEARS OLD THAT 11
109	109	HAVE A COLLEGE EDUCA TION; 12
110	110
111	111	(3) DOES NOT BEAR AN UNFA IR BURDEN OF ENVIRON MENTAL 13
112	112	POLLUTION; AND 14
113	113
114	114	(4) HAS MORE THAN LIMITED ACCESS TO NATURAL RESOURCES , 15
115	115	INCLUDING OPEN SPACE S, WATER RESOURCES , AND PLAYGROUNDS AND OTHER 16
116	116	CONSTRUCTED OUTDOOR RECREATIONAL FACILIT IES AND VENUES. 17
117	117
118	118	1–903. 18
119	119
120	120	A GOVERNMENTAL UNIT MAY NOT TAKE AN ACTION UNLES S THE 19
121	121	GOVERNMENTAL UNIT HAS CONDUCTED THE EVALUATI ONS, ASSESSMENTS , AND 20
122	122	RELATED ACTIVITIES REQUIRED UNDER § 1–904 OF THIS SUBTITLE . 21
123	123
124	124	1–904. 22
125	125
126	126	(A) BEFORE TAKING AN ACTI ON, A GOVERNMENTAL UNIT SHALL EVALUATE 23
127	127	AND MAKE A DETERMINA TION ON WHETHER AND TO WHAT EXTENT THE A CTION MAY 24
128	128	NEGATIVELY AFFECT TH E CLIMATE, LABOR AND EMPLOYMENT , ENVIRONMENTAL 25
129	129	JUSTICE, AND ANY OVERBURDENED COMMUNI TY. 26
130	130
131	131	(B) AN EVALUATIO N CONDUCTED UNDER TH IS SECTION SHALL INC LUDE 27
132	132	CONSIDERATION AND AN ALYSIS OF: 28
133	133
134	134	(1) THE IMPACT OF THE ACTION ON THE ENVIRONMENT , INCLUDING: 29
135	135
136	136	(I) THE GREENHOUSE GAS EM ISSIONS AND CLIMATE EFFECTS 30
137	137	OF THE ACTION BASED ON THE BEST AVAILABLE SCIEN TIFIC INFORMA TION 31 4 HOUSE BILL 880
138	138
139	139
140	140	RECOGNIZED BY THE INTERGOVERNMENTAL PANEL ON CLIMATE CHANGE; 1
141	141
142	142	(II) WHETHER THE GREENHOUS E GAS EMISSIONS AND CLIMATE 2
143	143	EFFECTS OF THE ACTION ARE CONSISTEN T WITH THE STATE’S CLIMATE 3
144	144	COMMITMENTS FOR REDU CING STATEWIDE GREEN HOUSE GAS EMISSIONS , 4
145	145	INCLUDING THOSE SPECIFIED IN TITLE 2, SUBTITLE 12 OF THIS ARTICLE; 5
146	146
147	147	(III) THE EFFECT OF CLIMATE CHANGE ON THE ACTION BASED 6
148	148	ON THE BEST AVAILABL E SCIENTIFIC INFORMA TION RECOGNIZED BY T HE 7
149	149	INTERGOVERNMENTAL PANEL ON CLIMATE CHANGE; AND 8
150	150
151	151	(IV) THE POTENTIAL GREENHO USE GAS EMISSIONS SA VINGS 9
152	152	ASSOCIATED WITH USIN G A CARBON–FREE ENERGY SOURCE AS AN ALTERNATIVE TO 10
153	153	A PROPOSED ENERGY SO URCE. 11
154	154
155	155	(2) THE IMPACT OF THE ACTION ON LABOR AND EMPLOYMENT , 12
156	156	INCLUDING WHETHER THE EMPLOYERS , CONTRACTORS , AND SUBCONTRACTORS 13
157	157	ASSOCIATED WITH ANY PROJECT RESULTIN G FROM THE ACTION: 14
158	158
159	159	(I) PAY THE AREA PREVAILI NG WAGE FOR EACH TRA DE, 15
160	160	INCLUDING WAGES AND FRINGE BENEFITS ; 16
161	161
162	162	(II) OFFER HEALTH CARE AND RETIREMENT BENEFITS TO THE 17
163	163	EMPLOYEES WORKING ON THE PROJE CT OR AN ITEM ASSOCI ATED WITH THE 18
164	164	PROJECT; 19
165	165
166	166	(III) PARTICIPATE IN AN APP RENTICESHIP PROGRAM 20
167	167	REGISTERED WITH THE STATE FOR EACH TRADE EMPLOYED ON A PROJEC T OR 21
168	168	OTHER ITEM ASSOCIATE D WITH THE PROJECT; 22
169	169
170	170	(IV) ESTABLISH AND EXECUTE A PLAN FOR OUTREACH , 23
171	171	RECRUITMENT , AND RETENTION OF STATE RESIDENTS TO PE RFORM WORK ON A 24
172	172	PROJECT OR OTHER ITE M ASSOCIATED WITH TH E PROJECT, WITH AN ASPIRATIONAL 25
173	173	GOAL OF 25% OF TOTAL WORK HOURS PERFORMED BY STATE RESIDENTS , 26
174	174	INCLUDING RE SIDENTS WHO ARE : 27
175	175
176	176	1. RETURNING CITIZENS ; 28
177	177
178	178	2. WOMEN; 29
179	179
180	180	3. MINORITY INDIVIDUALS ; OR 30
181	181
182	182	4. VETERANS; 31 HOUSE BILL 880 5
183	183
184	184
185	185
186	186	(V) HAVE BEEN IN COMPLIAN CE WITH FEDERAL AND STATE 1
187	187	WAGE AND HOUR LAWS F OR THE IMMEDIATELY P RECEDING 3 YEARS; 2
188	188
189	189	(VI) ARE IN GOOD STANDING WIT H ALL STATE REPORTING AND 3
190	190	COMPLIANCE REQUIREME NTS; AND 4
191	191
192	192	(VII) MAINTAIN ALL APPROPRI ATE LICENSES IN GOOD 5
193	193	STANDING; AND 6
194	194
195	195	(3) THE IMPACT OF THE ACT ION ON ENVIRONMENTAL JUSTIC E AND 7
196	196	ANY OVERBURDENED COMMUNI TY, INCLUDING THE POTENTIAL F OR: 8
197	197
198	198	(I) THE DETERIORATION OF PUB LIC HEALTH; 9
199	199
200	200	(II) AN INCREASE IN POLLUTION, INCLUDING THE ASSOCIATED 10
201	201	BURDEN TO PUBLIC HEA LTH AND THE ENVIRONM ENT; AND 11
202	202
203	203	(III) A NEGATIVE IMPACT ON T HE ECONOMIC WELL –BEING OF 12
204	204	RESIDENTS OF THE STATE. 13
205	205
206	206	(C) (1) BASED ON THE EVALUATIONS C ONDUCTED UNDER SUBSECTION 14
207	207	(B) OF THIS SUBSECTION , A GOVERNMENTAL UNIT SHALL ISSUE A WRITTE N 15
208	208	GENERAL IMPACT REPOR T THAT INDICATES WHE THER AND TO WHAT EXT ENT A 16
209	209	PROPOSED ACTION MAY NEGATIVELY AFFECT TH E CLIMATE , LABOR AND 17
210	210	EMPLOYMENT , ENVIRONMENTAL JUSTICE , OR ANY OVERBURDENED COMMUNITY . 18
211	211
212	212	(2) A GOVERNMENTAL UNIT TH AT ISSUES A GENERAL IMPACT 19
213	213	REPORT UNDER THIS SU BSECTION SHALL MAKE THE REPORT PUBLICLY AVAILABLE. 20
214	214
215	215	(D) IF A GOVERNMENTAL UNI T DETERMINES THAT AN ACTION MAY 21
216	216	NEGATIVELY AFFECT AN OVERBURDENED COMMUNI TY, THE GOVERNMENTAL UNI T 22
217	217	SHALL: 23
218	218
219	219	(1) CONDUCT FURTHER ASSESSMENT SUPPORTED BY DATA, STUDIES, 24
220	220	OR OTHER APPROPRIATE SOURCES, INCLUDING: 25
221	221
222	222	(I) AN ANALYSIS OF THE NEGATIVE IMPACT S ON THE 26
223	223	OVERBURDENED COMMUNI TY; AND 27
224	224
225	225	(II) AN ANALYSIS OF THE MEASURES NECE SSARY TO 28
226	226	SUBSTANTIALLY DECREA SE OR ELIMINATE THE NEGATIVE IMPACTS ON THE 29
227	227	OVERBURDENED COMMUNI TY; 30 6 HOUSE BILL 880
228	228
229	229
230	230
231	231	(2) ASSESS OPPORTUNITIES TO DIRECT PROCEEDS , BENEFITS, OR 1
232	232	INVESTMENTS WHICH MA Y RESULT FROM THE AC TION IN A MANNER THA T WILL 2
233	233	BENEFIT THE OVERBURDENED COMMUNI TY; 3
234	234
235	235	(3) ENGAGE IN MEANINGFUL COMMUNICATION WITH T HE PUBLIC 4
236	236	REGARDING THE NEGATI VE IMPACTS AND POSSIBLE MITIGATION STRATEGIES; AND 5
237	237
238	238	(4) REVISE THE GENERAL IM PACT REPORT REQUIRED UNDER 6
239	239	SUBSECTION (C) OF THIS SECTION TO REFLECT THE FINDINGS UNDER THIS 7
240	240	SUBSECTION. 8
241	241
242	242	(E) A GOVERNMENTAL UN IT MAY DENY, CONDITION, APPROVE, OR AMEND 9
243	243	AN ACTION BASED ON ITS FINDINGS UNDER SUBSECTION (D) OF THIS SECTION. 10
244	244
245	245	1–905. 11
246	246
247	247	GOVERNMENTAL UNITS SHALL COORDINA TE AND SEEK FEDERAL FUN DING, 12
248	248	INCLUDING FUNDING AVAILABLE UNDER THE FEDERAL INFRASTRUCTURE 13
249	249	INVESTMENT AND JOBS ACT, TO MEET THE REQUIREM ENTS OF THIS SUBTITLE. 14
250	250
251	251	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
252	252	October 1, 2022. 16