EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
[Brackets] indicate matter deleted from existing law.
*sb0813*
SENATE BILL 813
M3 3lr1796
CF HB 892
By: Senator A. Washington
Introduced and read first time: February 6, 2023
Assigned to: Education, Energy, and the Environment and Budget and Taxation
A BILL ENTITLED
AN ACT concerning 1
Comprehensive Flood Management Grant Program – Environmental Justice 2
Funding 3
FOR the purpose of requiring a certain percentage of funding provided under the 4
comprehensive flood management grant program to be used for projects located in or 5
directly benefitting census tracts with a certain EJ Score; requiring the Governor to 6
include in the annual State budget an appropriation for the comprehensive flood 7
management grant program of a certain amount in certain fiscal years; and generally 8
relating to the comprehensive flood management grant program. 9
BY repealing and reenacting, without amendments, 10
Article – Environment 11
Section 1–101(a), (e), and (j) 12
Annotated Code of Maryland 13
(2013 Replacement Volume and 2022 Supplement) 14
BY repealing and reenacting, with amendments, 15
Article – Environment 16
Section 5–803(h) 17
Annotated Code of Maryland 18
(2013 Replacement Volume and 2022 Supplement) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMB LY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
Article – Environment 22
1–101. 23
(a) In this article the following words have the meanings indicated. 24
2 SENATE BILL 813
(e) “EJ Score” means an overall evaluation of an area’s environment and existing 1
environmental justice indicators, as defined by the Department in regulation, including: 2
(1) Pollution burden exposure; 3
(2) Pollution burden environmental effects; 4
(3) Sensitive populations; and 5
(4) Socioeconomic factors. 6
(j) “Maryland EJ tool” means a publicly available State mapping tool that allows 7
users to: 8
(1) Explore layers of environmental justice concern; 9
(2) Determine an overall EJ Score for census tracts in the State; and 10
(3) View additional context layers relevant to an area. 11
5–803. 12
(h) (1) There is a comprehensive flood management grant program within the 13
Department. 14
(2) (i) Subject to the approval of the Board of Public Works, the 15
Department may use proceeds from the State debt created to fund the comprehensive flood 16
management grant program to pay the entire cost of watershed studies pursuant to 17
subsection (b) of this section. 18
(ii) The Department may provide grants to subdivisions to pay the 19
entire cost of watershed studies when the Department delegates that responsibility 20
pursuant to subsection (b) of this section. 21
(3) (i) Subject to the approval of the Board of Public Works, the 22
Department may provide grants to subdivisions for flood control and watershed 23
management capital projects, and for the capital costs related to design, purchase, and 24
installation of automated flood warning projects, provided that the projects are consistent 25
with the plans and implementation prepared and adopted in accordance with this subtitle, 26
and provided further that each project: 27
1. Is undertaken as part of a comprehensive flood 28
management plan prepared and adopted by the subdivision; and 29
2. Is not inconsistent with any State or interjurisdictional 30
flood management plan. 31
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(ii) Grants for automated flood warnings projects shall be 1
conditioned to require all affected local governing bodies to: 2
1. Adopt a specific and compatible response plan which has 3
been coordinated with local emergency management authorities and reviewed and 4
approved by the Department and the Maryland Department of Emergency Management; 5
and 6
2. Provide for financial and other commitments to properly 7
operate and maintain the project. 8
(iii) 1. The amount of any grant made by the Department for a 9
flood control and watershed management capital project that involves only nonfederal 10
funds and meets the criteria of this subtitle shall be matched by a minimum amount of 25% 11
of project costs in local government or private funds. 12
2. For a flood control and watershed management capital 13
project that involves federal funding and meets the criteria of this subtitle: 14
A. The Department may provide up to 50% of the nonfederal 15
share of the project funding; and 16
B. Local government or private funds shall provide not less 17
than 50% of the nonfederal share of the project funding. 18
(iv) Each project application for a grant under this paragraph shall 19
be submitted to and reviewed by the State clearinghouse of the Department of Planning in 20
accordance with established clearinghouse procedures. 21
(4) (i) Subject to the approval of the Board of Public Works, the 22
Department may provide grants to subdivisions immediately after a flood for acquisition of 23
any flood damaged owner–occupied dwelling. 24
(ii) Total expenditures for grants made under this paragraph may 25
not exceed 50% of the total authorized budgeted funds in a fiscal year for grants under this 26
subsection. 27
(5) (i) The Department may award grants to subdivisions that have 28
incurred at least $1,000,000 in infrastructure damage caused by a flood event that occurred 29
on or after January 1, 2009. 30
(ii) The total amount of grants awarded by the Department to 31
subdivisions under this paragraph may: 32
1. For fiscal years 2020, 2021, and 2022, equal up to 100% of 33
the total amount of money appropriated to the comprehensive flood management program; 34
and 35 4 SENATE BILL 813
2. For fiscal year 2023 and each fiscal year thereafter, equal 1
up to 50% of the total amount of money appropriated to the comprehensive flood 2
management program. 3
(iii) A grant awarded to a subdivision under this paragraph may be: 4
1. For an amount of up to 50% of the combined cost of 5
infrastructure repairs, watershed restoration, and emergency work associated with the 6
flood event; 7
2. Used for infrastructure repairs, watershed management, 8
or emergency protection work associated with the flood event; and 9
3. Used for expenses associated with item 2 of this 10
subparagraph that the subdivision has already incurred. 11
(iv) The Department shall prioritize awarding grants under this 12
paragraph to subdivisions in which: 13
1. Infrastructure damage occurred in an area designated by 14
the Maryland Historical Trust as an historic district; or 15
2. Infrastructure damage caused by a flood event has 16
occurred more than once within the previous 5 years. 17
(6) To receive a grant, the subdivision must participate in the national 18
flood insurance program. 19
(7) Before awarding a grant under paragraphs (2), (3), or (4) of this 20
subsection, the Department, in cooperation with the Department of Planning, shall review 21
the flood control and watershed management operations of the applicant subdivision to 22
assure that the flood control and watershed management operations are in compliance with 23
this subtitle. 24
(8) (i) [The] FOR FISCAL YEAR 2025 AND EACH FISCAL YEAR 25
THEREAFTER, THE Governor shall include in the annual State budget an appropriation 26
for the comprehensive flood management grant program of at least[: 27
1. For fiscal year 2021, $3,000,000; 28
2. For fiscal year 2022, $3,000,000; and 29
3. For fiscal year 2023, $2,000,000] $20,000,000. 30
SENATE BILL 813 5
(ii) IN EACH FISCAL YEAR , AT LEAST 40% OF FUNDING 1
PROVIDED UNDER THE C OMPREHENSIVE FLOOD M ANAGEMENT GRANT PROG RAM 2
SHALL BE USED FOR PR OJECTS LOCATED IN OR DIRECTLY BENEFITI NG CENSUS 3
TRACTS WITH AN EJ SCORE OF .76 OR GREATER, AS IDENTIFIED USING THE 4
MARYLAND EJ TOOL. 5
(III) Funds not awarded from the comprehensive flood management 6
grant program by the end of a fiscal year: 7
1. Shall remain in the program; and 8
2. Are not subject to § 7–302 of the State Finance and 9
Procurement Article. 10
(9) (i) The Department, in consultation with the Department of 11
Planning, shall adopt regulations necessary for the administration of the grant program. 12
(ii) These regulations may include: 13
1. A determination of statewide and interjurisdictional needs 14
and priorities; 15
2. Standards of eligibility for applicants and projects; 16
3. Criteria for recognition of tidal and nontidal areas; 17
4. Engineering and economic standards and alternatives; 18
and 19
5. Procedures for filing and processing contents of 20
applications. 21
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 22
1, 2023. 23