MD
Maryland House Bill HB892

Maryland 2023 Regular Session

Maryland House Bill HB892 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
5- Underlining indicates amendments to bill.
6- Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7-amendment.
85 *hb0892*
96
107 HOUSE BILL 892
118 M3 3lr2971
129 CF SB 813
1310 By: Delegate Ivey
1411 Introduced and read first time: February 9, 2023
1512 Assigned to: Environment and Transportation and Appropriations
16-Committee Report: Favorable with amendments
17-House action: Adopted
18-Read second time: March 31, 2023
1913
20-CHAPTER ______
14+A BILL ENTITLED
2115
2216 AN ACT concerning 1
2317
2418 Environment – Comprehensive Flood Management Grant Program – Funding 2
25-for Underserved and Overburdened Communities 3
19+for Overburdened Communities 3
2620
2721 FOR the purpose of requiring a certain percentage of funding provided under the 4
2822 comprehensive flood management grant program to be used for projects located in or 5
29-directly benefitting census tracts with a certain EJ Score benefiting underserved or 6
30-overburdened communities in certain fiscal years; requiring authorizing the 7
31-Governor to include in the annual State budget an appropriation for the 8
32-comprehensive flood management grant program of up to a certain amount in certain 9
33-fiscal years; and generally relating to the comprehensive flood management grant 10
34-program. 11
23+directly benefitting census tracts with a certain EJ Score; requiring the Governor to 6
24+include in the annual State budget an appropriation for the comprehensive flood 7
25+management grant program of a certain amount in certain fiscal years; and generally 8
26+relating to the comprehensive flood management grant program. 9
3527
36-BY repealing and reenacting, without amendments, 12
37- Article – Environment 13
38-Section 1–101(a), (e), and (j) 14
39- Annotated Code of Maryland 15
40- (2013 Replacement Volume and 2022 Supplement) 16
28+BY repealing and reenacting, without amendments, 10
29+ Article – Environment 11
30+Section 1–101(a), (e), and (j) 12
31+ Annotated Code of Maryland 13
32+ (2013 Replacement Volume and 2022 Supplement) 14
4133
42-BY repealing and reenacting, with amendments, 17
43- Article – Environment 18
44-Section 5–803(h) 19
45- Annotated Code of Maryland 20
46- (2013 Replacement Volume and 2022 Supplement) 21
34+BY repealing and reenacting, with amendments, 15
35+ Article – Environment 16
36+Section 5–803(h) 17
37+ Annotated Code of Maryland 18
38+ (2013 Replacement Volume and 2022 Supplement) 19
39+
40+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
41+That the Laws of Maryland read as follows: 21
42+
43+Article – Environment 22
44+
45+1–101. 23
46+
47+ (a) In this article the following words have the meanings indicated. 24
4748 2 HOUSE BILL 892
4849
4950
50- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
51-That the Laws of Maryland read as follows: 2
51+ (e) “EJ Score” means an overall evaluation of an area’s environment and existing 1
52+environmental justice indicators, as defined by the Department in regulation, including: 2
5253
53-Article – Environment 3
54+ (1) Pollution burden exposure; 3
5455
55-1–101. 4
56+ (2) Pollution burden environmental effects; 4
5657
57- (a) In this article the following words have the meanings indicated. 5
58+ (3) Sensitive populations; and 5
5859
59- (e) “EJ Score” means an overall evaluation of an area’s environment and existing 6
60-environmental justice indicators, as defined by the Department in regulation, including: 7
60+ (4) Socioeconomic factors. 6
6161
62- (1) Pollution burden exposure; 8
62+ (j) “Maryland EJ tool” means a publicly available State mapping tool that allows 7
63+users to: 8
6364
64- (2) Pollution burden environmental effects; 9
65+ (1) Explore layers of environmental justice concern; 9
6566
66- (3) Sensitive populations; and 10
67+ (2) Determine an overall EJ Score for census tracts in the State; and 10
6768
68- (4) Socioeconomic factors. 11
69+ (3) View additional context layers relevant to an area. 11
6970
70- (j) “Maryland EJ tool” means a publicly available State mapping tool that allows 12
71-users to: 13
71+5–803. 12
7272
73- (1) Explore layers of environmental justice concern; 14
73+ (h) (1) There is a comprehensive flood management grant program within the 13
74+Department. 14
7475
75- (2) Determine an overall EJ Score for census tracts in the State; and 15
76+ (2) (i) Subject to the approval of the Board of Public Works, the 15
77+Department may use proceeds from the State debt created to fund the comprehensive flood 16
78+management grant program to pay the entire cost of watershed studies pursuant to 17
79+subsection (b) of this section. 18
7680
77- (3) View additional context layers relevant to an area. 16
81+ (ii) The Department may provide grants to subdivisions to pay the 19
82+entire cost of watershed studies when the Department delegates that responsibility 20
83+pursuant to subsection (b) of this section. 21
7884
79-5–803. 17
85+ (3) (i) Subject to the approval of the Board of Public Works, the 22
86+Department may provide grants to subdivi sions for flood control and watershed 23
87+management capital projects, and for the capital costs related to design, purchase, and 24
88+installation of automated flood warning projects, provided that the projects are consistent 25
89+with the plans and implementation prepared and adopted in accordance with this subtitle, 26
90+and provided further that each project: 27
8091
81- (h) (1) There is a comprehensive flood management grant program within the 18
82-Department. 19
92+ 1. Is undertaken as part of a comprehensive flood 28
93+management plan prepared and adopted by the subdivision; and 29
8394
84- (2) (i) Subject to the approval of the Board of Public Works, the 20
85-Department may use proceeds from the State debt created to fund the comprehensive flood 21
86-management grant program to pay the entire cost of watershed studies pursuant to 22
87-subsection (b) of this section. 23
88-
89- (ii) The Department may provide grants to subdivisions to pay the 24
90-entire cost of watershed studies when the Department delegates that responsibility 25
91-pursuant to subsection (b) of this section. 26
92-
93- (3) (i) Subject to the approval of the Board of Public Works, the 27
94-Department may provide grants to subdivisions for flood control and watershed 28
95-management capital projects, and for the capital costs related to design, purchase, and 29
96-installation of automated flood warning projects, provided that the projects are consistent 30 HOUSE BILL 892 3
95+ 2. Is not inconsistent with any State or interjurisdictional 30
96+flood management plan. 31
97+ HOUSE BILL 892 3
9798
9899
99-with the plans and implementation prepared and adopted in accordance with this subtitle, 1
100-and provided further that each project: 2
100+ (ii) Grants for automated flood warnings projects shall be 1
101+conditioned to require all affected local governing bodies to: 2
101102
102- 1. Is undertaken as part of a comprehensive flood 3
103-management plan prepared and adopted by the subdivision; and 4
103+ 1. Adopt a specific and compatible response plan which has 3
104+been coordinated with local emergency management authorities and reviewed and 4
105+approved by the Department and the Maryland Department of Emergency Management; 5
106+and 6
104107
105- 2. Is not inconsistent with any State or interjurisdictional 5
106-flood management plan. 6
108+ 2. Provide for financial and other commitments to properly 7
109+operate and maintain the project. 8
107110
108- (ii) Grants for automated flood warnings projects s hall be 7
109-conditioned to require all affected local governing bodies to: 8
111+ (iii) 1. The amount of any grant made by the Department for a 9
112+flood control and watershed management capital project that involves only nonfederal 10
113+funds and meets the criteria of this subtitle shall be matched by a minimum amount of 25% 11
114+of project costs in local government or private funds. 12
110115
111- 1. Adopt a specific and compatible response plan which has 9
112-been coordinated with local emergency management authorities and reviewed and 10
113-approved by the Department and the Maryland Department of Emergency Management; 11
114-and 12
116+ 2. For a flood control and watershed management capital 13
117+project that involves federal funding and meets the criteria of this subtitle: 14
115118
116- 2. Provide for financial and other commitments to properly 13
117-operate and maintain the project. 14
119+ A. The Department may provide up to 50% of the nonfederal 15
120+share of the project funding; and 16
118121
119- (iii) 1. The amount of any grant made by the Department for a 15
120-flood control and watershed management capital project that involves only nonfederal 16
121-funds and meets the criteria of this subtitle shall be matched by a minimum amount of 25% 17
122-of project costs in local government or private funds. 18
122+ B. Local government or private funds shall provide not less 17
123+than 50% of the nonfederal share of the project funding. 18
123124
124- 2. For a flood control and watershed management capital 19
125-project that involves federal funding and meets the criteria of this subtitle: 20
125+ (iv) Each project application for a grant under this paragraph shall 19
126+be submitted to and reviewed by the State clearinghouse of the Department of Planning in 20
127+accordance with established clearinghouse procedures. 21
126128
127- A. The Department may provide up to 50% of the nonfederal 21
128-share of the project funding; and 22
129+ (4) (i) Subject to the approval of the Board of Public Works, the 22
130+Department may provide grants to subdivisions immediately after a flood for acquisition of 23
131+any flood damaged owner–occupied dwelling. 24
129132
130- B. Local government or private funds shall provide not less 23
131-than 50% of the nonfederal share of the project funding. 24
133+ (ii) Total expenditures for grants made under this paragraph may 25
134+not exceed 50% of the total authorized budgeted funds in a fiscal year for grants under this 26
135+subsection. 27
132136
133- (iv) Each project application for a grant under this paragraph shall 25
134-be submitted to and reviewed by the State clearinghouse of the Department of Planning in 26
135-accordance with established clearinghouse procedures. 27
137+ (5) (i) The Department may award grants to subdivisions that have 28
138+incurred at least $1,000,000 in infrastructure damage caused by a flood event that occurred 29
139+on or after January 1, 2009. 30
136140
137- (4) (i) Subject to the approval of the Board of Public Works, the 28
138-Department may provide grants to subdivisions immediately after a flood for acquisition of 29
139-any flood damaged owner–occupied dwelling. 30
141+ (ii) The total amount of grants awarded by the Department to 31
142+subdivisions under this paragraph may: 32
140143
141- (ii) Total expenditures for grants made under this paragraph may 31
142-not exceed 50% of the total authorized budgeted funds in a fiscal year for grants under this 32
143-subsection. 33
144- 4 HOUSE BILL 892
144+ 1. For fiscal years 2020, 2021, and 2022, equal up to 100% of 33
145+the total amount of money appropriated to the comprehensive flood management program; 34
146+and 35 4 HOUSE BILL 892
145147
146148
147- (5) (i) The Department may award grants to subdivisions that have 1
148-incurred at least $1,000,000 in infrastructure damage caused by a flood event that occurred 2
149-on or after January 1, 2009. 3
150149
151- (ii) The total amount of grants awarded by the Department to 4
152-subdivisions under this paragraph may: 5
150+ 2. For fiscal year 2023 and each fiscal year thereafter, equal 1
151+up to 50% of the total amount of money appr opriated to the comprehensive flood 2
152+management program. 3
153153
154- 1. For fiscal years 2020, 2021, and 2022, equal up to 100% of 6
155-the total amount of money appropriated to the comprehensive flood management program; 7
156-and 8
154+ (iii) A grant awarded to a subdivision under this paragraph may be: 4
157155
158- 2. For fiscal year 2023 and each fiscal year thereafter, equal 9
159-up to 50% of the total amount of money appropriated to the comprehensive flood 10
160-management program. 11
156+ 1. For an amount of up to 50% of the combined cost of 5
157+infrastructure repairs, watershed restoration, and emergency work associated with the 6
158+flood event; 7
161159
162- (iii) A grant awarded to a subdivision under this paragraph may be: 12
160+ 2. Used for infrastructure repairs, watershed management, 8
161+or emergency protection work associated with the flood event; and 9
163162
164- 1. For an amount of up to 50% of the combined cost of 13
165-infrastructure repairs, watershed restoration, and emergency work associated with the 14
166-flood event; 15
163+ 3. Used for expenses associated with item 2 of this 10
164+subparagraph that the subdivision has already incurred. 11
167165
168- 2. Used for infrastructure repairs, watershed management, 16
169-or emergency protection work associated with the flood event; and 17
166+ (iv) The Department shall prioritize awarding grants under this 12
167+paragraph to subdivisions in which: 13
170168
171- 3. Used for expenses associated with item 2 of this 18
172-subparagraph that the subdivision has already incurred. 19
169+ 1. Infrastructure damage occurred in an area designated by 14
170+the Maryland Historical Trust as an historic district; or 15
173171
174- (iv) The Department shall prioritize awarding grants under this 20
175-paragraph to subdivisions in which: 21
172+ 2. Infrastructure damage caused by a flood event has 16
173+occurred more than once within the previous 5 years. 17
176174
177- 1. Infrastructure damage occurred in an area designated by 22
178-the Maryland Historical Trust as an historic district; or 23
175+ (6) To receive a grant, the subdivision must participate in the national 18
176+flood insurance program. 19
179177
180- 2. Infrastructure damage caused by a flood event has 24
181-occurred more than once within the previous 5 years. 25
178+ (7) Before awarding a grant under paragraphs (2), (3), or (4) of this 20
179+subsection, the Department, in cooperation with the Department of Planning, shall review 21
180+the flood control and watershed management operations of the applicant subdivision to 22
181+assure that the flood control and watershed management operations are in compliance with 23
182+this subtitle. 24
182183
183- (6) To receive a grant, the subdivision must participate in the national 26
184-flood insurance program. 27
184+ (8) (i) [The] FOR FISCAL YEAR 2025 AND EACH FISCAL YEAR 25
185+THEREAFTER , THE Governor shall include in the annual State budget an appropriation 26
186+for the comprehensive flood management grant program of at least[: 27
185187
186- (7) Before awarding a grant under paragraphs (2), (3), or (4) of this 28
187-subsection, the Department, in cooperation with the Department of Planning, shall review 29
188-the flood control and watershed management operations of the applicant subdivision to 30
189-assure that the flood control and watershed management operations are in compliance with 31
190-this subtitle. 32
188+ 1. For fiscal year 2021, $3,000,000; 28
189+
190+ 2. For fiscal year 2022, $3,000,000; and 29
191+
192+ 3. For fiscal year 2023, $2,000,000] $20,000,000. 30
191193 HOUSE BILL 892 5
192194
193195
194- (8) (i) [The] FOR FISCAL YEAR 2025 AND EACH FI SCAL YEAR 1
195-THEREAFTER , THE Governor shall MAY include in the annual State budget an 2
196-appropriation for the comprehensive flood management grant program of at least[: 3
196+ (ii) IN EACH FISCAL YEAR , AT LEAST 40% OF FUNDING 1
197+PROVIDED UNDER THE C OMPREHENSIVE FLOOD M ANAGEMENT GRANT PROG RAM 2
198+SHALL BE USED FOR PR OJECTS LOCATED IN OR DIRECTLY BENEFITING CENSUS 3
199+TRACTS WITH AN EJ SCORE OF .76 OR GREATER , AS IDENTIFIED USING THE 4
200+MARYLAND EJ TOOL. 5
197201
198- 1. For fiscal year 2021, $3,000,000; 4
202+ (III) Funds not awarded from the comprehensive flood management 6
203+grant program by the end of a fiscal year: 7
199204
200- 2. For fiscal year 2022, $3,000,000; and 5
205+ 1. Shall remain in the program; and 8
201206
202- 3. For fiscal year 2023, $2,000,000] UP TO $20,000,000. 6
207+ 2. Are not subject to § 7–302 of the State Finance and 9
208+Procurement Article. 10
203209
204- (ii) IN FOR FISCAL YEAR 2025 AND EACH FISCAL YEAR 7
205-THEREAFTER , AT LEAST 40% OF FUNDING PROVIDED UND ER THE COMPREHENSIVE 8
206-FLOOD MANAGEMENT GRA NT PROGRAM SHALL BE USED FOR PROJECTS LO CATED IN 9
207-OR DIRECTLY BENEFITI NG CENSUS TRACTS WITH AN EJ SCORE OF .76 OR GREATER, 10
208-AS IDENTIFIED USING THE MARYLAND EJ TOOL UNDERSERVED OR OVERB URDENED 11
209-COMMUNITIES, AS DEFINED IN § 1–701 OF THIS ARTICLE. 12
210+ (9) (i) The Department, in consultation with the Department of 11
211+Planning, shall adopt regulations necessary for the administration of the grant program. 12
210212
211- (III) Funds not awarded from the comprehensive flood management 13
212-grant program by the end of a fiscal year: 14
213+ (ii) These regulations may include: 13
213214
214- 1. Shall remain in the program; and 15
215+ 1. A determination of statewide and interjurisdictional needs 14
216+and priorities; 15
215217
216- 2. Are not subject to § 7–302 of the State Finance and 16
217-Procurement Article. 17
218+ 2. Standards of eligibility for applicants and projects; 16
218219
219- (9) (i) The Department, in consultation with the Department of 18
220-Planning, shall adopt regulations necessary for the administration of the grant program. 19
220+ 3. Criteria for recognition of tidal and nontidal areas; 17
221221
222- (ii) These regulations may include: 20
222+ 4. Engineering and economic standards and alternatives; 18
223+and 19
223224
224- 1. A determination of statewide and interjurisdictional needs 21
225-and priorities; 22
225+ 5. Procedures for filing and processing contents of 20
226+applications. 21
226227
227- 2. Standards of eligibility for applicants and projects; 23
228-
229- 3. Criteria for recognition of tidal and nontidal areas; 24
230-
231- 4. Engineering and economic standards and alternatives; 25
232-and 26
233-
234- 5. Procedures for filing and processing contents of 27
235-applications. 28
236-
237- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 29
238-1, 2023. 30
228+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 22
229+1, 2023. 23
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