EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0880*
HOUSE BILL 880
P1, M3 2lr1883
CF 2lr3077
By: Delegate Boyce
Introduced and read first time: February 7, 2022
Assigned to: Environment and Transportation and Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Environment – Impact of Actions on Climate, Labor, and Environmental Justice 2
FOR the purpose of prohibiting a certain governmental unit from taking an action unless 3
the governmental unit has conducted certain evaluations and assessments of the 4
impact of the action on the climate, labor and employment, environmental justice, 5
and any overburdened community; authorizing a governmental unit to deny, 6
condition, approve, or amend an action based on certain findings; requiring 7
governmental units to coordinate and seek federal funding to meet the requirements 8
of this Act; and generally relating to the impact of actions on climate, labor, and 9
environmental justice. 10
BY adding to 11
Article – Environment 12
Section 1–901 through 1–905 to be under the new subtitle “Subtitle 9. Impact of 13
Actions on Climate, Labor, and Environmental Justice” 14
Annotated Code of Maryland 15
(2013 Replacement Volume and 2021 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Environment 19
SUBTITLE 9. IMPACT OF ACTIONS ON CLIMATE, LABOR, AND ENVIRONMENTAL 20
JUSTICE. 21
1–901. 22
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 23
INDICATED. 24 2 HOUSE BILL 880
(B) “ACTION” INCLUDES THE WHOLE O R A PART OF A RULE , AN ORDER, A 1
LICENSE, AN APPROVAL, A DENIAL SANCTION , OR RELIEF ISSUED BY A 2
GOVERNMENTAL UNIT . 3
(C) “ENVIRONMENTAL JUSTICE ” HAS THE MEANING STAT ED IN § 1–701(A) 4
OF THIS TITLE. 5
(D) “LOW–INCOME” MEANS AN INDIVIDUAL WHO RE SIDES IN A HOUSEHOLD 6
THAT HAS AN ANNUAL H OUSEHOLD INCOME THAT IS AT OR BELOW 200% OF THE 7
FEDERAL POVERTY GUID ELINES. 8
(E) (1) “OVERBURDENED COMMUNIT Y” MEANS: 9
(I) A LOW–INCOME OR MODERATE –INCOME COMMUNITY ; OR 10
(II) A COMMUNITY OF COLOR I N WHICH THE RESIDENTS EITHER 11
PRESENTLY OR HISTORI CALLY HAVE BEEN BURD ENED BY DISPROPORTIO NATELY 12
HIGH NUMBERS OF ENVI RONMENTAL AND PUBLIC HEALTH STRESSORS , INCLUDING 13
POLLUTION, ADVERSE HEALTH EFFEC TS DUE TO POLLUTION , REDUCED 14
WELL–BEING, AND DIMINISHED ECONO MIC SUCCESS. 15
(2) “OVERBURDENED COMMUNIT Y” INCLUDES: 16
(I) ANY CENSUS TRACT IN WHICH, ACCORDING TO THE MOS T 17
RECENT U.S. CENSUS BUREAU SURVEY: 18
1. AT LEAST 25% OF THE RESIDENTS QUALIFY AS 19
LOW–INCOME; 20
2. AT LEAST 50% OF THE RESIDENTS IDE NTIFY AS 21
NONWHITE; OR 22
3. AT LEAST 25% OF THE RESIDENTS HAVE LIMITED 23
ENGLISH PROFICIENCY ; OR 24
(II) AN AREA OR A NEIGHBORHOOD DESIGNATED BY THE 25
SECRETARY AS AN OVERBURDENED COMM UNITY IN ACCORDANCE WITH § 1–902 OF 26
THIS SUBTITLE. 27
1–902. 28
(A) SUBJECT TO SUBSECTION (B) OF THIS SECTION AND ON PETITION OF AT 29 HOUSE BILL 880 3
LEAST 10 RESIDENTS OF AN AREA OR A NEIGHBORHOOD LOCATED WITHIN A CENSUS 1
TRACT THAT DOES NOT MEET T HE CRITERIA SPECIFIE D IN § 1–901(E)(2)(I) OF THIS 2
SUBTITLE, THE SECRETARY MAY DESIGNA TE THE AREA OR NEIGH BORHOOD AS AN 3
OVERBURDENED COMMUNI TY IF THE SECRETARY DETERMINES THAT THE AREA OR 4
NEIGHBORHOOD OTHERWI SE QUALIFIES AS AN O VERBURDENED COMMUNITY . 5
(B) THE SECRETARY MAY DENY A PETITION SUBMITTED U NDER 6
SUBSECTION (A) OF THIS SECTION IF T HE SECRETARY DETERMINES THAT THE AREA 7
OR NEIGHBORHOOD THAT IS THE SUBJECT OF TH E PETITION: 8
(1) HAS AN ANNUAL MEDIAN HOUSEHOLD INCOME THA T EXCEEDS 9
125% OF THE STATEWIDE MED IAN HOUSEHOLD INCOME ; 10
(2) HAS A MAJORITY OF IND IVIDUALS AT LEAST 25 YEARS OLD THAT 11
HAVE A COLLEGE EDUCA TION; 12
(3) DOES NOT BEAR AN UNFA IR BURDEN OF ENVIRON MENTAL 13
POLLUTION; AND 14
(4) HAS MORE THAN LIMITED ACCESS TO NATURAL RESOURCES , 15
INCLUDING OPEN SPACE S, WATER RESOURCES , AND PLAYGROUNDS AND OTHER 16
CONSTRUCTED OUTDOOR RECREATIONAL FACILIT IES AND VENUES. 17
1–903. 18
A GOVERNMENTAL UNIT MAY NOT TAKE AN ACTION UNLES S THE 19
GOVERNMENTAL UNIT HAS CONDUCTED THE EVALUATI ONS, ASSESSMENTS , AND 20
RELATED ACTIVITIES REQUIRED UNDER § 1–904 OF THIS SUBTITLE . 21
1–904. 22
(A) BEFORE TAKING AN ACTI ON, A GOVERNMENTAL UNIT SHALL EVALUATE 23
AND MAKE A DETERMINA TION ON WHETHER AND TO WHAT EXTENT THE A CTION MAY 24
NEGATIVELY AFFECT TH E CLIMATE, LABOR AND EMPLOYMENT , ENVIRONMENTAL 25
JUSTICE, AND ANY OVERBURDENED COMMUNI TY. 26
(B) AN EVALUATIO N CONDUCTED UNDER TH IS SECTION SHALL INC LUDE 27
CONSIDERATION AND AN ALYSIS OF: 28
(1) THE IMPACT OF THE ACTION ON THE ENVIRONMENT , INCLUDING: 29
(I) THE GREENHOUSE GAS EM ISSIONS AND CLIMATE EFFECTS 30
OF THE ACTION BASED ON THE BEST AVAILABLE SCIEN TIFIC INFORMA TION 31 4 HOUSE BILL 880
RECOGNIZED BY THE INTERGOVERNMENTAL PANEL ON CLIMATE CHANGE; 1
(II) WHETHER THE GREENHOUS E GAS EMISSIONS AND CLIMATE 2
EFFECTS OF THE ACTION ARE CONSISTEN T WITH THE STATE’S CLIMATE 3
COMMITMENTS FOR REDU CING STATEWIDE GREEN HOUSE GAS EMISSIONS , 4
INCLUDING THOSE SPECIFIED IN TITLE 2, SUBTITLE 12 OF THIS ARTICLE; 5
(III) THE EFFECT OF CLIMATE CHANGE ON THE ACTION BASED 6
ON THE BEST AVAILABL E SCIENTIFIC INFORMA TION RECOGNIZED BY T HE 7
INTERGOVERNMENTAL PANEL ON CLIMATE CHANGE; AND 8
(IV) THE POTENTIAL GREENHO USE GAS EMISSIONS SA VINGS 9
ASSOCIATED WITH USIN G A CARBON–FREE ENERGY SOURCE AS AN ALTERNATIVE TO 10
A PROPOSED ENERGY SO URCE. 11
(2) THE IMPACT OF THE ACTION ON LABOR AND EMPLOYMENT , 12
INCLUDING WHETHER THE EMPLOYERS , CONTRACTORS , AND SUBCONTRACTORS 13
ASSOCIATED WITH ANY PROJECT RESULTIN G FROM THE ACTION: 14
(I) PAY THE AREA PREVAILI NG WAGE FOR EACH TRA DE, 15
INCLUDING WAGES AND FRINGE BENEFITS ; 16
(II) OFFER HEALTH CARE AND RETIREMENT BENEFITS TO THE 17
EMPLOYEES WORKING ON THE PROJE CT OR AN ITEM ASSOCI ATED WITH THE 18
PROJECT; 19
(III) PARTICIPATE IN AN APP RENTICESHIP PROGRAM 20
REGISTERED WITH THE STATE FOR EACH TRADE EMPLOYED ON A PROJEC T OR 21
OTHER ITEM ASSOCIATE D WITH THE PROJECT; 22
(IV) ESTABLISH AND EXECUTE A PLAN FOR OUTREACH , 23
RECRUITMENT , AND RETENTION OF STATE RESIDENTS TO PE RFORM WORK ON A 24
PROJECT OR OTHER ITE M ASSOCIATED WITH TH E PROJECT, WITH AN ASPIRATIONAL 25
GOAL OF 25% OF TOTAL WORK HOURS PERFORMED BY STATE RESIDENTS , 26
INCLUDING RE SIDENTS WHO ARE : 27
1. RETURNING CITIZENS ; 28
2. WOMEN; 29
3. MINORITY INDIVIDUALS ; OR 30
4. VETERANS; 31 HOUSE BILL 880 5
(V) HAVE BEEN IN COMPLIAN CE WITH FEDERAL AND STATE 1
WAGE AND HOUR LAWS F OR THE IMMEDIATELY P RECEDING 3 YEARS; 2
(VI) ARE IN GOOD STANDING WIT H ALL STATE REPORTING AND 3
COMPLIANCE REQUIREME NTS; AND 4
(VII) MAINTAIN ALL APPROPRI ATE LICENSES IN GOOD 5
STANDING; AND 6
(3) THE IMPACT OF THE ACT ION ON ENVIRONMENTAL JUSTIC E AND 7
ANY OVERBURDENED COMMUNI TY, INCLUDING THE POTENTIAL F OR: 8
(I) THE DETERIORATION OF PUB LIC HEALTH; 9
(II) AN INCREASE IN POLLUTION, INCLUDING THE ASSOCIATED 10
BURDEN TO PUBLIC HEA LTH AND THE ENVIRONM ENT; AND 11
(III) A NEGATIVE IMPACT ON T HE ECONOMIC WELL –BEING OF 12
RESIDENTS OF THE STATE. 13
(C) (1) BASED ON THE EVALUATIONS C ONDUCTED UNDER SUBSECTION 14
(B) OF THIS SUBSECTION , A GOVERNMENTAL UNIT SHALL ISSUE A WRITTE N 15
GENERAL IMPACT REPOR T THAT INDICATES WHE THER AND TO WHAT EXT ENT A 16
PROPOSED ACTION MAY NEGATIVELY AFFECT TH E CLIMATE , LABOR AND 17
EMPLOYMENT , ENVIRONMENTAL JUSTICE , OR ANY OVERBURDENED COMMUNITY . 18
(2) A GOVERNMENTAL UNIT TH AT ISSUES A GENERAL IMPACT 19
REPORT UNDER THIS SU BSECTION SHALL MAKE THE REPORT PUBLICLY AVAILABLE. 20
(D) IF A GOVERNMENTAL UNI T DETERMINES THAT AN ACTION MAY 21
NEGATIVELY AFFECT AN OVERBURDENED COMMUNI TY, THE GOVERNMENTAL UNI T 22
SHALL: 23
(1) CONDUCT FURTHER ASSESSMENT SUPPORTED BY DATA, STUDIES, 24
OR OTHER APPROPRIATE SOURCES, INCLUDING: 25
(I) AN ANALYSIS OF THE NEGATIVE IMPACT S ON THE 26
OVERBURDENED COMMUNI TY; AND 27
(II) AN ANALYSIS OF THE MEASURES NECE SSARY TO 28
SUBSTANTIALLY DECREA SE OR ELIMINATE THE NEGATIVE IMPACTS ON THE 29
OVERBURDENED COMMUNI TY; 30 6 HOUSE BILL 880
(2) ASSESS OPPORTUNITIES TO DIRECT PROCEEDS , BENEFITS, OR 1
INVESTMENTS WHICH MA Y RESULT FROM THE AC TION IN A MANNER THA T WILL 2
BENEFIT THE OVERBURDENED COMMUNI TY; 3
(3) ENGAGE IN MEANINGFUL COMMUNICATION WITH T HE PUBLIC 4
REGARDING THE NEGATI VE IMPACTS AND POSSIBLE MITIGATION STRATEGIES; AND 5
(4) REVISE THE GENERAL IM PACT REPORT REQUIRED UNDER 6
SUBSECTION (C) OF THIS SECTION TO REFLECT THE FINDINGS UNDER THIS 7
SUBSECTION. 8
(E) A GOVERNMENTAL UN IT MAY DENY, CONDITION, APPROVE, OR AMEND 9
AN ACTION BASED ON ITS FINDINGS UNDER SUBSECTION (D) OF THIS SECTION. 10
1–905. 11
GOVERNMENTAL UNITS SHALL COORDINA TE AND SEEK FEDERAL FUN DING, 12
INCLUDING FUNDING AVAILABLE UNDER THE FEDERAL INFRASTRUCTURE 13
INVESTMENT AND JOBS ACT, TO MEET THE REQUIREM ENTS OF THIS SUBTITLE. 14
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
October 1, 2022. 16