EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0310*
HOUSE BILL 310
M5, C8, M3 3lr0439
By: Delegate Rosenberg
Introduced and read first time: January 25, 2023
Assigned to: Environment and Transportation and Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Environment and Energy – Investment in Communities With Low– to 2
Moderate–Income Households 3
FOR the purpose of requiring the Department of the Environment, on or before a certain 4
date, to develop certain policies and recommendations to require a certain 5
percentage of overall spending on certain programs, projects, and investments to 6
benefit certain communities with low– to moderate–income households, starting 7
with a certain fiscal year; requiring the Department to review certain guidelines and 8
recommendations on or before a certain date and every certain number of years 9
thereafter; requiring the Department to conduct public information–gathering 10
sessions to solicit input from communities with low– to moderate–income households 11
and the public to achieve a certain investment requirement; requiring the 12
Department to work with the Commission on Environmental Justice and 13
Sustainable Communities to develop recommendations to identify and provide 14
assistance to communities with low– to moderate–income households; requiring 15
certain State and local governmental units to invest or direct certain resources in a 16
certain manner in consultation with certain agencies; requiring certain federal 17
funding appropriated in certain manners to be given priority in a certain manner 18
with a certain exception; and generally relating to investment in programs related 19
to the environment and energy in communities with low– to moderate–income 20
households. 21
BY adding to 22
Article – Environment 23
Section 1–703 24
Annotated Code of Maryland 25
(2013 Replacement Volume and 2022 Supplement) 26
Preamble 27
2 HOUSE BILL 310
WHEREAS, The State of Maryland has been a leader in addressing issues of 1
environmental justice from the cumulative effects of disparate impacts on historically 2
burdened and disadvantaged communities, which are often communities with low– and 3
moderate–income households, overburdened communities, and in developing sustainable 4
communities, through the establishment of a Commission on Environmental Justice and 5
Sustainable Communities and other legislation; and 6
WHEREAS, The State of Maryland has also been a leader in addressing issues of the 7
environmental and economic impacts of climate change, through legislation requiring the 8
State to participate in the Regional Greenhouse Gas Initiative, establishing a Commission 9
on Climate Change, and the concomitant establishment of greenhouse gas emissions 10
reductions for the State; and 11
WHEREAS, The effects of climate change loom large over our State as a whole, 12
potentially impairing our ability to develop and maintain sustainable communities, but 13
may also have a disproportionately large impact on historically burdened and 14
disadvantaged communities, particularly communities with low– and moderate–income 15
households, and overburdened communities; and 16
WHEREAS, The Clean Water Commerce Act of 2021 specifies that a percentage of 17
the Clean Water Commerce Account must be used to procure environmental outcomes from 18
projects established in communities disproportionately burdened by environmental harms 19
and risks, as specified; and 20
WHEREAS, It would be beneficial to the State to follow the example of New York 21
State, which is pioneering the Climate Leadership and Community Protection Act in 22
response to increasing and cumulative climate impacts that have had a heightened impact 23
on disadvantaged communities, communities with low– and moderate–income households, 24
and overburdened communities in that state, particularly from acid rain and increased 25
tropical storm impacts; now, therefore, 26
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 27
That the Laws of Maryland read as follows: 28
Article – Environment 29
1–703. 30
(A) IN THIS SECTION, “LOW– TO MODERATE –INCOME HOUSEHOLD ” MEANS 31
A HOUSEHOLD LOCATED IN A CENSUS TRACT WI TH AN AVERAGE MEDIAN INCOME AT 32
OR BELOW 80% OF THE AVERAGE MEDIA N INCOME FOR THE STATE. 33
(B) (1) ON OR BEFORE DECEMBER 1, 2023, THE DEPARTMENT SHALL 34
DEVELOP POLICIES AND RECOMMENDATIONS TO R EQUIRE AT LEAST 40% OF 35
OVERALL SPENDING ON THE PROGRAMS , PROJECTS, AND INVESTMENTS LIST ED 36
UNDER SUBSECTION (C) OF THIS SECTION TO B ENEFIT COMMUNITIES WITH LOW – TO 37 HOUSE BILL 310 3
MODERATE–INCOME HOUSEHOLDS . 1
(2) ON OR BEFORE OCTOBER 1, 2025, AND EVER Y 2 YEARS 2
THEREAFTER , THE DEPARTMENT : 3
(I) SHALL REVIEW ITS GUID ELINES AND RECOMMEND ATIONS, 4
INCLUDING THE CRITER IA AND METHODS USED TO IDENTIFY COMMUNIT IES WITH 5
LOW– TO MODERATE –INCOME HOUSEHOLDS ; AND 6
(II) MAY RECOMMEND MODIFIC ATIONS BASED ON NEW DATA 7
AND OTHER INFORMATIO N. 8
(3) ON OR BEFORE OCTOBER 1 EACH YEAR, BEGINNING IN 2025, THE 9
DEPARTMENT SHALL SUBM IT A REPORT OF ITS A CTIVITIES AND 10
RECOMMENDATIONS TO T HE GOVERNOR AND , SUBJECT TO § 2–1257 OF THE STATE 11
GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY. 12
(C) (1) THE POLICIES AND RECO MMENDATIONS UNDER SU BSECTION (B) 13
OF THIS SECTION APPL Y, STARTING WITH FISCAL YEAR 2025, IN EACH FISCAL YEAR 14
TO SPENDING ON PROGR AMS, PROJECTS, AND INVESTMENTS IN T HE AREAS OF: 15
(I) GREEN INFRASTRUCTURE ; 16
(II) CLIMATE CHANGE ; 17
(III) CLEAN ENERGY AND ENER GY EFFICIENCY; 18
(IV) CLEAN TRANSPORTATION ; 19
(V) AFFORDABLE AND SUSTAI NABLE HOUSING ; 20
(VI) TRAINING AND WORKFORC E DEVELOPMENT RELATE D TO: 21
1. CLIMATE; 22
2. NATURAL DISASTERS ; 23
3. THE ENVIRONMENT ; 24
4. CLEAN ENERGY ; 25
5. CLEAN TRANSPORTATION ; 26
4 HOUSE BILL 310
6. HOUSING; 1
7. WATER AND WASTEWATER INFRASTRUCTURE ; AND 2
8. LEGAL POLLUTION REDUC TION; 3
(VII) REMEDIATION AND REDUC TION OF LEGACY POLLU TION; 4
AND 5
(VIII) CRITICAL CLEAN WA TER AND WASTE INFRAS TRUCTURE. 6
(2) THE SPENDING ON PROGR AMS, PROJECTS, AND INVESTMENTS 7
LISTED UNDER PARAGRA PH (1) OF THIS SUBSECTION I NCLUDES PROGRAMS , 8
PROJECTS, AND INVESTMENTS THAT ARE WHOLLY OR PARTLY FUNDED UNDER : 9
(I) § 5–1501 OF THE ECONOMIC DEVELOPMENT ARTICLE; 10
(II) § 11–708.1 OF THE LABOR AND EMPLOYMENT ARTICLE; 11
AND 12
(III) TITLE 9, SUBTITLES 20A, 20B, AND 20C OF THE STATE 13
GOVERNMENT ARTICLE. 14
(D) (1) TO ACHIEVE TH E INVESTMENT REQUIRED UNDER THIS SECTION, 15
THE DEPARTMENT SHALL COND UCT PUBLIC INFORMATION –GATHERING SESSIONS 16
IN DIFFERENT AREAS O F THE STATE TO SOLICIT INPU T FROM COMMUNITIES WITH 17
LOW– TO MODERATE –INCOME HOUSEHOLDS AND THE PUBLIC . 18
(2) AFTER THE PUBLIC CONS ULTATION UNDER PARAG RAPH (1) OF 19
THIS SUBSECTION , THE DEPARTMENT SHALL WORK WITH THE COMMISSION TO 20
DEVELOP SPECIFIC REC OMMENDATIONS TO IDEN TIFY AND PROVIDE ASS ISTANCE TO 21
COMMUNITIES WITH LOW – TO MODERATE –INCOME HOUSEHOLDS , INCLUDING 22
LEGISLATIVE AND REGU LATORY CHANGES TO AC HIEVE THE INVESTMENT REQUIRED 23
UNDER THIS SECTION . 24
(E) STATE AND LOCAL GOVER NMENTAL UNITS , IN CONSULTATION WITH 25
THE DEPARTMENT , THE COMMISSION, THE PUBLIC SERVICE COMMISSION, AND 26
THE MARYLAND ENERGY ADMINISTRATION , SHALL, TO THE EXTENT PRACTI CABLE, 27
INVEST OR DIRECT AVA ILABLE AND RELEVANT PROGRAMMATIC RESOURC ES IN A 28
MANNER DESIGNED TO A CHIEVE THE INVESTMEN T TO BENEFIT COMMUNITIES WITH 29
LOW– TO MODERATE –INCOME HOUSEHOLDS UNDER THIS SECTION . 30
(F) (1) (I) FEDERAL FUNDS A PPROPRIATED EITHER I N THE BUDGET 31 HOUSE BILL 310 5
BILL OR BY BUDGET AM ENDMENT TO AGENCIES AND PROGRAMS RECEIVI NG FUNDS 1
FOR PROGRAMS , PROJECTS, AND INVESTMENTS LIST ED UNDER SUBSECTION (C) OF 2
THIS SECTION SHALL B E GIVEN PRIORITY IN A MANNER THAT PROVID ES FUNDING 3
TO COMMUNITI ES WITH LOW– TO MODERATE –INCOME HOUSEHOLDS UNDER THIS 4
SECTION. 5
(II) FUNDS SUBJECT TO THIS SUBSECTION INCLUDE T HOSE 6
FUNDS APPROPRIATED T O: 7
1. THE MARYLAND ENERGY ADMINISTRATION 8
(PROGRAMS D13A13.02, D13A13.06, D13A13.07, AND D13A13.08); AND 9
2. THE DEPARTMENT (PROGRAMS U00A01.03, 10
U00A01.04, U00A01.05, U00A01.11, U00A01.12, U00A04.01, U00A06.01, AND 11
U00A07.01). 12
(2) PARAGRAPH (1) OF THIS SUBSECTION D OES NOT APPLY TO A 13
PROGRAM OR AN ACTIVI TY TO THE EXTENT THA T THE REQUIREMENT CO NFLICTS 14
WITH FEDER AL LAW OR REGULATION S FOR THAT PROGRAM O R ACTIVITY. 15
(3) (I) ON OR BEFORE DECEMBER 31, 2023, AND EACH DECEMBER 16
31 THEREAFTER , THE DEPARTMENT OF BUDGET AND MANAGEMENT , IN 17
COORDINATION WITH TH E APPROPRIATE STATE UNITS, SHALL SUBMIT AN ANNU AL 18
REPORT TO THE SENATE BUDGET AND TAXATION COMMITTEE AND THE HOUSE 19
APPROPRIATIONS COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF THE STATE 20
GOVERNMENT ARTICLE. 21
(II) THE REPORT SHALL PROV IDE INFORMATION ON : 22
1. THE AMOUNT OF FEDERAL FUNDS APPROPRIATED 23
FOR THE PROGRAMS , PROJECTS, AND INVESTMENTS LIST ED UNDER SUBSECTION (C) 24
OF THIS SECTION; AND 25
2. THE SHARE OF FUNDS DI RECTED TO OVERBURDEN ED 26
COMMUNITIES UNDER TH IS SECTION. 27
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 28
October 1, 2023. 29