MD
Maryland Senate Bill SB743

Maryland 2023 Regular Session

Maryland Senate Bill SB743 Compare Versions

Only one version of the bill is available at this time.
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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *sb0743*
66
77 SENATE BILL 743
88 M3 3lr1869
99 SB 931/22 – SRU CF HB 840
1010 By: Senators Jackson and Lewis Young
1111 Introduced and read first time: February 6, 2023
1212 Assigned to: Education, Energy, and the Environment
1313
1414 A BILL ENTITLED
1515
1616 AN ACT concerning 1
1717
1818 Climate, Labor, and Environmental Equity Act of 2023 2
1919
2020 FOR the purpose of requiring the Department of the Environment to conduct a certain 3
2121 evaluation regarding the impact of issuing an approval for certain environmental 4
2222 permits; requiring the Department to provide opportunities for certain 5
2323 communication with certain residents in a certain manner; altering certain reporting 6
2424 requirements for certain State agencies; and generally relating to the impact of 7
2525 actions on climate, labor and employment, and environmental justice and equity. 8
2626
2727 BY repealing and reenacting, without amendments, 9
2828 Article – Environment 10
2929 Section 1–601(a), 1–701(a)(1), (5), (7), and (8), and 1–702(a)(1) and (b) 11
3030 Annotated Code of Maryland 12
3131 (2013 Replacement Volume and 2022 Supplement) 13
3232
3333 BY adding to 14
3434 Article – Environment 15
3535 Section 1–7A–01 through 1–7A–05 to be under the new subtitle “Subtitle 7A. Impact 16
3636 of Environmental Permits on Climate, Labor, and Environmental Equity” 17
3737 Annotated Code of Maryland 18
3838 (2013 Replacement Volume and 2022 Supplement) 19
3939
4040 BY repealing and reenacting, with amendments, 20
4141 Article – Environment 21
4242 Section 2–1305 22
4343 Annotated Code of Maryland 23
4444 (2013 Replacement Volume and 2022 Supplement) 24
4545
4646 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
4747 That the Laws of Maryland read as follows: 26
4848 2 SENATE BILL 743
4949
5050
5151 Article – Environment 1
5252
5353 1–601. 2
5454
5555 (a) Permits issued by the Department under the following sections shall be issued 3
5656 in accordance with this subtitle: 4
5757
5858 (1) Air quality control permits to construct subject to § 2–404 of this article; 5
5959
6060 (2) Permits to install, materially alter, or materially extend landfill 6
6161 systems, incinerators for public use, or rubble landfills subject to § 9–209 of this article; 7
6262
6363 (3) Permits to discharge pollutants to waters of the State issued pursuant 8
6464 to § 9–323 of this article; 9
6565
6666 (4) Permits to install, materially alter, or materially extend a structure 10
6767 used for storage or distribution of any type of sewage sludge issued, renewed, or amended 11
6868 pursuant to § 9–234.1 or § 9–238 of this article; 12
6969
7070 (5) Permits to own, operate, establish, or maintain a controlled hazardous 13
7171 substance facility issued pursuant to § 7–232 of this article; 14
7272
7373 (6) Permits to own, operate, or maintain a hazardous material facility 15
7474 issued pursuant to § 7–103 of this article; and 16
7575
7676 (7) Permits to own, operate, establish, or maintain a low–level nuclear 17
7777 waste facility issued pursuant to § 7–233 of this article. 18
7878
7979 1–701. 19
8080
8181 (a) (1) In this section the following words have the meanings indicated. 20
8282
8383 (5) “Environmental justice” means equal protection from environmental 21
8484 and public health hazards for all people regardless of race, income, culture, and social 22
8585 status. 23
8686
8787 (7) “Overburdened community” means any census tract for which three or 24
8888 more of the following environmental health indicators are above the 75th percentile 25
8989 statewide: 26
9090
9191 (i) Particulate matter (PM) 2.5; 27
9292
9393 (ii) Ozone; 28
9494
9595 (iii) National Air Toxics Assessment (NATA) diesel PM; 29
9696
9797 (iv) NATA cancer risk; 30 SENATE BILL 743 3
9898
9999
100100
101101 (v) NATA respiratory hazard index; 1
102102
103103 (vi) Traffic proximity; 2
104104
105105 (vii) Lead paint indicator; 3
106106
107107 (viii) National Priorities List Superfund site proximity; 4
108108
109109 (ix) Risk Management Plan facility proximity; 5
110110
111111 (x) Hazardous waste proximity; 6
112112
113113 (xi) Wastewater discharge indicator; 7
114114
115115 (xii) Proximity to a Concentrated Animal Feeding Operation (CAFO); 8
116116
117117 (xiii) Percent of the population lacking broadband coverage; 9
118118
119119 (xiv) Asthma emergency room discharges; 10
120120
121121 (xv) Myocardial infarction discharges; 11
122122
123123 (xvi) Low–birth–weight infants; 12
124124
125125 (xvii) Proximity to emitting power plants; 13
126126
127127 (xviii) Proximity to a Toxic Release Inventory (TRI) facility; 14
128128
129129 (xix) Proximity to a brownfields site; 15
130130
131131 (xx) Proximity to mining operations; and 16
132132
133133 (xxi) Proximity to a hazardous waste landfill. 17
134134
135135 (8) “Underserved community” means any census tract in which, according 18
136136 to the most recent U.S. Census Bureau Survey: 19
137137
138138 (i) At least 25% of the residents qualify as low–income; 20
139139
140140 (ii) At least 50% of the residents identify as nonwhite; or 21
141141
142142 (iii) At least 15% of the residents have limited English proficiency. 22
143143
144144 1–702. 23
145145 4 SENATE BILL 743
146146
147147
148148 (a) On or before December 31, 2023, the Department, in consultation with the 1
149149 Commission on Environmental Justice and Sustainable Communities, shall: 2
150150
151151 (1) Subject to subsection (b) of this section, adopt a methodology for 3
152152 identifying communities disproportionately affected by climate impacts; 4
153153
154154 (b) In evaluating methodologies under subsection (a)(1) of this section, the 5
155155 Department shall, at a minimum, include: 6
156156
157157 (1) Underserved communities; 7
158158
159159 (2) Overburdened communities; and 8
160160
161161 (3) Areas that are vulnerable to climate impacts, such as flooding, storm 9
162162 surges, and urban heat island effects, due to low levels of tree coverage, high levels of 10
163163 impervious surfaces, or other factors. 11
164164
165165 SUBTITLE 7A. IMPACT OF ENVIRONMENTAL PERMITS ON CLIMATE, LABOR, AND 12
166166 ENVIRONMENTAL EQUITY. 13
167167
168168 1–7A–01. 14
169169
170170 (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 15
171171 INDICATED. 16
172172
173173 (B) “APPLICANT” MEANS A PERSON APPLY ING FOR A PERMIT LIS TED 17
174174 UNDER § 1–601(A) OF THIS TITLE. 18
175175
176176 (C) “ENVIRONMENTAL JUSTICE ” HAS THE MEANING STAT ED IN § 1–701 OF 19
177177 THIS TITLE. 20
178178
179179 (D) “OVERBURDENED COMMUNIT Y” HAS THE MEANING STAT ED IN § 1–701 21
180180 OF THIS TITLE. 22
181181
182182 (E) “PERMIT” MEANS A PERMIT LISTE D UNDER § 1–601(A) OF THIS TITLE. 23
183183
184184 (F) “UNDERSERVED COMMUNITY ” HAS THE MEANING STAT ED IN § 1–701 OF 24
185185 THIS TITLE. 25
186186
187187 1–7A–02. 26
188188
189189 (A) IF, AFTER CONDUCTING AN EJ SCORE REVIEW REQUIRE D UNDER § 27
190190 1–601.1(B) OF THIS TITLE, THE DEPARTMENT DETERMINES THAT ISSU ING AN 28
191191 APPROVAL FOR A PERMI T MAY IMPACT AN UNDE RSERVED COMMUNITY OR AN 29
192192 OVERBURDE NED COMMUNITY , THE DEPARTMENT SHALL COND UCT A CLIMATE AND 30 SENATE BILL 743 5
193193
194194
195195 ENVIRONMENTAL EQUITY EVALUATION OF THE PERMIT. 1
196196
197197 (B) THE CLIMATE AND ENVIR ONMENTAL EQUITY EVALUATION REQUIRED IN 2
198198 THIS SECTION MAY INC LUDE AN ANALYSIS OF : 3
199199
200200 (1) THE DEMOGRAPHIC DATA OF THE AFFECTED COMM UNITY, 4
201201 INCLUDING POTENTIAL VULNERABIL ITIES WITHIN THE COM MUNITY; 5
202202
203203 (2) EXISTING ENVIRONMENTA L AND CLIMATE DATA R EGARDING THE 6
204204 AFFECTED COMMUNITY , INCLUDING MONITORING , MODELING, OR ANY OTHER DATA 7
205205 DEEMED APPROPRIATE ; 8
206206
207207 (3) THE APPLICANT FACILIT Y’S POTENTIAL CONTRIBU TION TO 9
208208 GREENHOUSE GAS EMISS IONS; 10
209209
210210 (4) THE APPLICANT FACILIT Y’S COMPLIANCE RECORD ; 11
211211
212212 (5) EXISTING PUBLIC HEALT H DATA REGARDING THE AFFECTED 12
213213 COMMUNITY ; 13
214214
215215 (6) POTENTIAL CHEMICAL AN D NONCHEMICAL STRESS ORS THAT THE 14
216216 AFFECTED COMMUNITY W ILL BE EXPOSED TO AN D THE EFFECT OF THOS E 15
217217 STRESSORS ON THE COM MUNITY’S HEALTH AND WELL –BEING; 16
218218
219219 (7) THE CUMULATIVE IMPACT OF POLLUTION IN THE AFFECTED 17
220220 COMMUNITY IF THE PER MIT IS APPROVED ; AND 18
221221
222222 (8) POTENTIAL METHODS TO MINIMIZE OR MITIGATE POTENTIAL 19
223223 ADVERSE EFFECTS IN T HE AFFECTED COMMUNIT Y. 20
224224
225225 (C) IN ADDITION TO THE EV ALUATION REQUIRED BY THIS SECTION, THE 21
226226 DEPARTMENT , IN COORDINATION WITH THE MARYLAND DEPARTMENT OF HEALTH, 22
227227 MAY CONDUCT A HEALTH IMPACT ASSESSMENT OF THE PERMIT. 23
228228
229229 1–7A–03. 24
230230
231231 (A) THE DEPARTMENT SHALL REGU LARLY PROVIDE OPPORT UNITIES FOR 25
232232 RESIDENTS OF THE STATE TO OPT IN TO TE XT, PHONE, E–MAIL, OR REGULAR MAIL 26
233233 NOTIFICATIONS REGARD ING ANY FACILIT Y WITH A PENDING OR FINAL PERMIT 27
234234 APPROVAL IN OR ADJACENT TO TH E RESIDENT’S CENSUS TRACT . 28
235235
236236 (B) (1) IF AN APPLICANT IS AP PLYING FOR MORE THAN ONE PERMIT FOR 29
237237 THE SAME FACILITY , THE DEPARTMENT SHALL COMP LY WITH THE REQUIREM ENTS 30 6 SENATE BILL 743
238238
239239
240240 UNDER § 1–7A–02 OF THIS SUBTITLE ONL Y ONCE UNLESS THE DEPARTMENT 1
241241 DETERMINES THAT MORE THAN ONE EVALUATION IS NECESSARY DUE TO THE 2
242242 COMPLEXITY OF THE AP PLICATIONS. 3
243243
244244 (2) PARAGRAPH (1) OF THIS SUBSECTION M AY NOT BE CONSTRUED 4
245245 TO LIMIT THE AUTHORI TY OF THE DEPARTMENT TO HOLD OR REQUIRE ADDITIONAL 5
246246 PUBLIC HEARINGS FOR A PERMIT. 6
247247
248248 (C) THE DEPARTMENT MAY DENY OR ALTER A DECISION OR AMEND THE 7
249249 CONDITIONS UNDER A P ENDING PERMIT BASED ON THE DEPARTMENT ’S FINDINGS 8
250250 UNDER THIS SUBTITLE . 9
251251
252252 1–7A–04. 10
253253
254254 IN ADDITION TO ANY OTHER FEE AUTHORIZED BY LAW OR REGULATION , THE 11
255255 DEPARTMENT MAY CHARGE A REASONABLE FEE TO COVER THE DEPARTMENT ’S 12
256256 COSTS ASSOCIATED WIT H THE IMPLEMENTATION OF THIS SUBTITLE , INCLUDING 13
257257 COSTS TO PROVIDE TEC HNICAL ASSISTANCE TO PERMIT APPLICANTS AN D 14
258258 RESIDENTS OF RELEVANT CENSUS TRAC TS AS NEEDED TO COMP LY WITH THIS 15
259259 SUBTITLE. 16
260260
261261 1–7A–05. 17
262262
263263 THE DEPARTMENT SHALL ADOP T REGULATIONS TO CAR RY OUT THIS 18
264264 SUBTITLE. 19
265265
266266 2–1305. 20
267267
268268 (a) (1) Each State agency shall review its planning, regulatory, and fiscal 21
269269 programs to identify and recommend actions to more fully integrate the consideration of 22
270270 Maryland’s greenhouse gas reduction goal and the impacts of climate change, INCLUDING 23
271271 GEOGRAPHIC IMPACTS . 24
272272
273273 (2) The review shall include the consideration of: 25
274274
275275 (i) Sea level rise; 26
276276
277277 (ii) Storm surges and flooding; 27
278278
279279 (iii) Increased precipitation and temperature; [and] 28
280280
281281 (iv) Extreme weather events; AND 29
282282 SENATE BILL 743 7
283283
284284
285285 (V) WHETHER AGENCY DECISI ONS CONTRIBUTE TO LO CAL 1
286286 DETERIORATION OF PUB LIC HEALTH OR INCREA SES IN POLLUTION ASS OCIATED 2
287287 WITH HEALTH AND ENVIRONMENTAL BU RDENS FOR UNDERSERVE D AND 3
288288 OVERBURDENED COMMUNI TIES; AND 4
289289
290290 (B) IN ADDITION TO THE RE VIEW REQUIRED UNDER SUBSECTION (A) OF 5
291291 THIS SECTION, THE DEPARTMENT OF LABOR S HALL ANNUALLY REPORT WHETHER 6
292292 AGENCY DECISIONS SUP PORT BUSINESSES THAT PROMOTE EQUITABLE LA BOR AND 7
293293 WAGE STANDARDS , INCLUDING CONSIDERAT ION OF WHETHER THE A GENCY 8
294294 SUPPORTS BUSINESSES THAT: 9
295295
296296 (1) PAY THE AREA PREVAILI NG WAGE STANDARD FOR EACH TRADE, 10
297297 INCLUDING THE WAGES AND FRINGE BENEFITS PER TRADE; 11
298298
299299 (2) ARE IN GOOD STANDING WITH ALL STATE REPORTING AND 12
300300 COMPLIANCE REQUIREME NTS; 13
301301
302302 (3) PARTICIPATE IN AN APP RENTICESHIP PROGRAM REGISTERED 14
303303 WITH THE STATE FOR EACH TRADE EMPLOYED ON A PROJEC T OR OTHER ITEM 15
304304 ASSOCIATED WITH THE PROJECT; 16
305305
306306 (4) HAVE BEEN IN COMPLIAN CE WITH FEDERAL AND STATE WAGE 17
307307 AND FAIR LABOR LAWS FOR THE IMMEDIATELY PRECEDING 3 YEARS; 18
308308
309309 (5) ESTABLISH AND EXECUTE A PLAN FOR OUTREACH , 19
310310 RECRUITMENT , AND RETENTION OF RES IDENTS OF THE STATE TO PERFORM WORK 20
311311 ON A PROJECT OR OTHE R ITEM ASSOCIATED WI TH THE PROJECT , WITH AN 21
312312 ASPIRATIONAL GOAL OF 25% OF TOTAL WORK HOURS PERFORMED BY RESIDEN TS 22
313313 OF THE STATE, INCLUDING RESIDENTS WHO ARE: 23
314314
315315 (I) RETURNING CITIZENS ; 24
316316
317317 (II) WOMEN; 25
318318
319319 (III) MINORITY INDIVIDUALS ; OR 26
320320
321321 (IV) VETERANS; 27
322322
323323 (6) OFFER HEALTH CARE AND RETIREMENT BENEFITS TO THE 28
324324 EMPLOYEES WORKING ON A PROJECT OR OTHER I TEM ASSOCIATED WITH THE 29
325325 PROJECT; AND 30
326326
327327 (7) MAINTAIN ALL APPROPRI ATE LICENSES IN GOOD STANDING. 31 8 SENATE BILL 743
328328
329329
330330
331331 [(b)] (C) Each State agency shall identify and recommend specific policy, 1
332332 planning, regulatory, and fiscal changes to existing programs that do not currently support 2
333333 the State’s greenhouse gas reduction efforts [or], address climate change, INCLUDING 3
334334 GEOGRAPHIC IMPA CTS, OR ADDRESS OPPORTUNI TIES TO PROMOTE EQUI TABLE 4
335335 WAGE AND LABOR STAND ARDS. 5
336336
337337 [(c)] (D) (1) [The] ON OR BEFORE DECEMBER 1 EACH YEAR , THE 6
338338 following State agencies shall report [annually] on the status of programs that support the 7
339339 State’s greenhouse gas reduction efforts or address climate change, INCLUDING 8
340340 GEOGRAPHIC IMPACTS , in accordance with § 2–1257 of the State Government Article, to 9
341341 THE GENERAL ASSEMBLY, the Commission, and the Governor: 10
342342
343343 (i) The Department; 11
344344
345345 (ii) The Department of Agriculture; 12
346346
347347 (iii) The Department of General Services; 13
348348
349349 (iv) The Department of Housing and Community Development; 14
350350
351351 (v) The Department of Natural Resources; 15
352352
353353 (vi) The Department of Planning; 16
354354
355355 (vii) The Department of Transportation; 17
356356
357357 (viii) The Maryland Energy Administration; 18
358358
359359 (ix) The Maryland Insurance Administration; 19
360360
361361 (x) The Public Service Commission; and 20
362362
363363 (xi) The University of Maryland Center for Environmental Science. 21
364364
365365 (2) The report required [in] UNDER paragraph (1) of this subsection shall 22
366366 include THE FOLLOWING INFORM ATION RELATING TO TH E WORK OF EACH STATE 23
367367 AGENCY FOR THE IMMED IATELY PRECEDING 12–MONTH PERIOD : 24
368368
369369 (i) Program descriptions and objectives; 25
370370
371371 (ii) Implementation milestones, whether or not they have been met; 26
372372
373373 (iii) Enhancement opportunities; 27
374374
375375 (iv) Funding; 28 SENATE BILL 743 9
376376
377377
378378
379379 (v) Challenges; 1
380380
381381 (vi) Estimated greenhouse gas emissions reductions, by program, for 2
382382 the prior calendar year; [and] 3
383383
384384 (vii) AGENCY CONTRIBUTIONS OR IMPEDIMENTS TO 4
385385 ENVIRONMENTAL JUSTIC E; AND 5
386386
387387 (VIII) Any other information that the agency considers relevant. 6
388388
389389 (3) EACH STATE AGENCY SHALL MA KE THE REPORT REQUIR ED 7
390390 UNDER PARAGRAPH (1) OF THIS SUBSECTION P UBLICLY AVAILABLE ON ITS 8
391391 WEBSITE. 9
392392
393393 [(d)] (E) Each State agency, when conducting long–term planning, developing 10
394394 policy, and drafting regulations, shall take into consideration: 11
395395
396396 (1) The likely climate impact of the agency’s decisions relative to 12
397397 Maryland’s greenhouse gas emissions reduction goals; and 13
398398
399399 (2) The likely impact of the agency’s decisions on disproportionately 14
400400 affected communities identified according to the methodology adopted by the Department 15
401401 under § 1–702 of this article. 16
402402
403403 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 17
404404 October 1, 2024. 18
405405