EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0931*
SENATE BILL 931
P1, M3 2lr3077
CF HB 880
By: Senator Watson
Introduced and read first time: February 11, 2022
Assigned to: Rules
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 SENATE BILL 931
(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 RESIDES 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 RESIDENT S 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 W HICH, ACCORDING TO THE MOS T 17
RECENT U.S. CENSUS BUREAU SURVEY : 18
1. AT LEAST 25% OF THE RESIDENTS QUA LIFY AS 19
LOW–INCOME; 20
2. AT LEAST 50% OF THE RESIDENTS IDENTI FY AS 21
NONWHITE; OR 22
3. AT LEAST 25% OF THE RESIDENTS HAV E LIMITED 23
ENGLISH PROFICIENCY ; OR 24
(II) AN AREA OR A NEIGHBOR HOOD DESIGNATED BY T HE 25
SECRETARY AS AN OVERB URDENED COMMUNITY 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 SENATE BILL 931 3
LEAST 10 RESIDENTS OF AN AREA OR A NEIGHBORHOOD LO CATED WITHIN A CENSU S 1
TRACT THAT DOES NOT MEET THE CRITERIA SP ECIFIED IN § 1–901(E)(2)(I) OF THIS 2
SUBTITLE, THE SECRETARY MAY DESIGN ATE THE AREA OR NEIG HBORHOOD AS AN 3
OVERBURDENED COMMUNI TY IF THE SECRETARY DETERMINES THAT THE AREA OR 4
NEIGHBORHOOD OTHERWI SE QUALIFIES AS AN O VERBURDENED COMMUNIT Y. 5
(B) THE SECRETARY MAY DENY A PETITION SUBMITTED U NDER 6
SUBSECTION (A) OF THIS SECTION IF THE 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 RE SOURCES, 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 MA Y NOT TAKE AN ACTION UNLESS THE 19
GOVERNMENTAL UNIT HA S CONDUCTED THE EVAL UATIONS, ASSESSMENTS , AND 20
RELATED ACTIVITIES R EQUIRED UNDER § 1–904 OF THIS SUBTITLE . 21
1–904. 22
(A) BEFORE TAKING AN ACTION, 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 COMMUNITY . 26
(B) AN EVALUATION CONDUCT ED UNDER THIS SECTION SHALL INCLUDE 27
CONSIDERATION AND AN ALYSIS OF: 28
(1) THE IMPACT OF THE ACT ION ON THE ENVIRONME NT, INCLUDING: 29
(I) THE GREENHOUSE GAS EM ISSIONS AND CLIMATE EFFECTS 30
OF THE ACTION BASED ON THE BEST AVAILABL E SCIENTIFIC INFORMA TION 31 4 SENATE BILL 931
RECOGNIZED BY THE INTERGOVERNMENTAL PANEL ON CLIMATE CHANGE; 1
(II) WHETHER THE GREENHOUS E GAS EMISSIONS AND CLIMATE 2
EFFECTS OF THE ACTIO N ARE CONSISTENT WIT H THE STATE’S CLIMATE 3
COMMITMENTS FOR REDU CING STATEWIDE GREEN HOUSE GAS EMISSIONS , 4
INCLUDING THOSE SPEC IFIED 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 SAVINGS 9
ASSOCIATED WITH USIN G A CARBON–FREE ENERGY SOURCE A S AN ALTERNATIVE TO 10
A PROPOSED ENERGY SO URCE. 11
(2) THE IMPACT OF THE ACT ION ON LABOR AND EMP LOYMENT, 12
INCLUDING WHETHER TH E EMPLOYERS , CONTRACTORS , AND SUBCONTRACTORS 13
ASSOCIATED WITH ANY PROJECT RESULTING FR OM 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 PROJECT OR AN IT EM ASSOCIATED WITH T HE 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 PERFORM 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 RESIDENTS WHO ARE: 27
1. RETURNING CITIZENS ; 28
2. WOMEN; 29
3. MINORITY INDIVIDUALS ; OR 30
4. VETERANS; 31 SENATE BILL 931 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 WITH 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 JUSTICE AND 7
ANY OVERBURDENED COM MUNITY, INCLUDING THE POTENT IAL FOR: 8
(I) THE DETERIORATION OF PUBLIC HEALTH ; 9
(II) AN INCREASE IN POLLUT ION, INCLUDING THE ASSOCI ATED 10
BURDEN TO PUBLIC HEAL TH AND THE ENVIRONME NT; AND 11
(III) A NEGATIVE IMPACT ON T HE ECONOMIC WELL –BEING OF 12
RESIDENTS OF THE STATE. 13
(C) (1) BASED ON THE EVALUATI ONS CONDUCTED UNDER SUBSECTION 14
(B) OF THIS SUBSECTION , A GOVERNMENTAL UNIT SHALL ISSUE A WRITTEN 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 JUSTIC E, 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 ASSES SMENT SUPPORTED BY D ATA, STUDIES, 24
OR OTHER APPROPRIATE SOURCES, INCLUDING: 25
(I) AN ANALYSIS OF THE NE GATIVE IMPACTS ON TH E 26
OVERBURDENED COMMUNI TY; AND 27
(II) AN ANALYSIS OF THE ME ASURES NECESSARY TO 28
SUBSTANTIALLY DECREA SE OR ELIMINATE THE NEGATIVE IMPACTS ON THE 29
OVERBURDENE D COMMUNITY ; 30 6 SENATE BILL 931
(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 OVERBURD ENED COMMUNITY ; 3
(3) ENGAGE IN MEANINGFUL COMMUNICATION WITH T HE PUBLIC 4
REGARDING THE NEGATI VE IMPACTS AND POSSI BLE MITIGATION STRAT EGIES; AND 5
(4) REVISE THE GENERAL IM PACT REPORT REQUIRED UNDER 6
SUBSECTION (C) OF THIS SECTION TO R EFLECT THE FINDINGS UNDER THIS 7
SUBSECTION. 8
(E) A GOVERNMENTAL UNIT MA Y DENY, CONDITION, APPROVE, OR AMEND 9
AN ACTION BASED ON ITS FIND INGS UNDER SUBSECTIO N (D) OF THIS SECTION. 10
1–905. 11
GOVERNMENTAL UNITS SH ALL COORDINATE AND S EEK FEDERAL FUNDING , 12
INCLUDING FUNDING AV AILABLE UNDER THE FE DERAL 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