Maryland 2023 Regular Session

Maryland Senate Bill SB813 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
4	4		[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.
8	5		sb0813
9	6
10	7		SENATE BILL 813
11	8		M3 3lr1796
12	9		CF HB 892
13	10		By: Senator A. Washington
14	11		Introduced and read first time: February 6, 2023
15	12		Assigned to: Education, Energy, and the Environment and Budget and Taxation
16		-	Committee Report: Favorable with amendments
17		-	Senate action: Adopted
18		-	Read second time: March 9, 2023
19	13
20		-	~~CHAPTER ______~~
	14	+	A BILL ENTITLED
21	15
22	16		AN ACT concerning 1
23	17
24	18		Comprehensive Flood Management Grant Program – Environmental Justice 2
25	19		Funding 3
26	20
27	21		FOR the purpose of requiring a certain percentage of funding provided under the 4
28	22		comprehensive flood management grant program to be used for projects located in or 5
29		-	directly benefitting census tracts with a certain EJ Score benefitting underserved or 6
30		-	overburdened communities; requiring authorizing the Governor to include in the 7
31		-	annual State budget an appropriation for the comprehensive flood management 8
32		-	grant program of a certain amount in certain fiscal years; and generally relating to 9
33		-	the comprehensive flood management grant program. 10
	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
34	27
35		-	BY repealing and reenacting, without amendments, 11
36		-	Article – Environment 12
37		-	Section 1–101(a), (e), and (j) 13
38		-	Annotated Code of Maryland 14
39		-	(2013 Replacement Volume and 2022 Supplement) 15
	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
40	33
41		-	BY repealing and reenacting, with amendments, 16
42		-	Article – Environment 17
43		-	Section 5–803(h) 18
44		-	Annotated Code of Maryland 19
45		-	(2013 Replacement Volume and 2022 Supplement) 20
	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
46	39
47		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
48		-	That the Laws of Maryland read as follows: 22 2 SENATE BILL 813
	40	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMB LY 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
	48	+	2 SENATE BILL 813
	49	+
	50	+
	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
	53	+
	54	+	(1) Pollution burden exposure; 3
	55	+
	56	+	(2) Pollution burden environmental effects; 4
	57	+
	58	+	(3) Sensitive populations; and 5
	59	+
	60	+	(4) Socioeconomic factors. 6
	61	+
	62	+	(j) “Maryland EJ tool” means a publicly available State mapping tool that allows 7
	63	+	users to: 8
	64	+
	65	+	(1) Explore layers of environmental justice concern; 9
	66	+
	67	+	(2) Determine an overall EJ Score for census tracts in the State; and 10
	68	+
	69	+	(3) View additional context layers relevant to an area. 11
	70	+
	71	+	5–803. 12
	72	+
	73	+	(h) (1) There is a comprehensive flood management grant program within the 13
	74	+	Department. 14
	75	+
	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
	80	+
	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
	84	+
	85	+	(3) (i) Subject to the approval of the Board of Public Works, the 22
	86	+	Department may provide grants to subdivisions 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
	91	+
	92	+	1. Is undertaken as part of a comprehensive flood 28
	93	+	management plan prepared and adopted by the subdivision; and 29
	94	+
	95	+	2. Is not inconsistent with any State or interjurisdictional 30
	96	+	flood management plan. 31
	97	+	SENATE BILL 813 3
	98	+
	99	+
	100	+	(ii) Grants for automated flood warnings projects shall be 1
	101	+	conditioned to require all affected local governing bodies to: 2
	102	+
	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
	107	+
	108	+	2. Provide for financial and other commitments to properly 7
	109	+	operate and maintain the project. 8
	110	+
	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
	115	+
	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
	118	+
	119	+	A. The Department may provide up to 50% of the nonfederal 15
	120	+	share of the project funding; and 16
	121	+
	122	+	B. Local government or private funds shall provide not less 17
	123	+	than 50% of the nonfederal share of the project funding. 18
	124	+
	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
	128	+
	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
	132	+
	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
	136	+
	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
	140	+
	141	+	(ii) The total amount of grants awarded by the Department to 31
	142	+	subdivisions under this paragraph may: 32
	143	+
	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 SENATE BILL 813
49	147
50	148
51	149
52		-	Article – Environment 1
	150	+	2. For fiscal year 2023 and each fiscal year thereafter, equal 1
	151	+	up to 50% of the total amount of money appropriated to the comprehensive flood 2
	152	+	management program. 3
53	153
54		-	~~1–101. 2~~
	154	+	(iii) A grant awarded to a subdivision under this paragraph may be: 4
55	155
56		-	(a) In this article the following words have the meanings indicated. 3
	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
57	159
58		-	~~(e) “EJ~~ ~~Score” means an overall evaluation of an area’s environment and existing 4~~
59		-	~~environmental justice indicators,~~ ~~as defined by~~ the ~~Department in regulation,~~ ~~including: 5~~
	160	+	2. Used for infrastructure repairs, watershed management, 8
	161	+	or emergency protection work associated with the flood event; and 9
60	162
61		-	(1) Pollution burden exposure; 6
	163	+	3. Used for expenses associated with item 2 of this 10
	164	+	subparagraph that the subdivision has already incurred. 11
62	165
63		-	(2) Pollution burden environmental effects; 7
	166	+	(iv) The Department shall prioritize awarding grants under this 12
	167	+	paragraph to subdivisions in which: 13
64	168
65		-	(3) Sensitive populations; and 8
	169	+	1. Infrastructure damage occurred in an area designated by 14
	170	+	the Maryland Historical Trust as an historic district; or 15
66	171
67		-	(4) Socioeconomic factors. 9
	172	+	2. Infrastructure damage caused by a flood event has 16
	173	+	occurred more than once within the previous 5 years. 17
68	174
69		-	(j) ~~“Maryland EJ tool” means~~ a ~~publicly available State mapping tool that allows 10~~
70		-	~~users to:~~ 11
	175	+	(6) To receive a grant, the subdivision must participate in the national 18
	176	+	flood insurance program. 19
71	177
72		-	(1) Explore layers of environmental justice concern; 12
	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
73	183
74		-	(2) Determine an overall EJ Score for census tracts in the State; and 13
	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
75	187
76		-	~~(3) View additional context layers relevant to an area~~. 14
	188	+	1. For fiscal year 2021, $3,000,000; 28
77	189
78		-	~~5–803~~. 15
	190	+	2. For fiscal year 2022, $3,000,000; and 29
79	191
80		-	(h) (1) There is a comprehensive flood management grant program within the 16
81		-	Department. 17
82		-
83		-	(2) (i) Subject to the approval of the Board of Public Works, the 18
84		-	Department may use proceeds from the State debt created to fund the comprehensive flood 19
85		-	management grant program to pay the entire cost of watershed studies pursuant to 20
86		-	subsection (b) of this section. 21
87		-
88		-	(ii) The Department may provide grants to subdivisions to pay the 22
89		-	entire cost of watershed studies when the Department delegates that responsibility 23
90		-	pursuant to subsection (b) of this section. 24
91		-
92		-	(3) (i) Subject to the approval of the Board of Public Works, the 25
93		-	Department may provide grants to subdivisions for flood control and watershed 26
94		-	management capital projects, and for the capital costs related to design, purchase, and 27
95		-	installation of automated flood warning projects, provided that the projects are consistent 28
96		-	with the plans and implementation prepared and adopted in accordance with this subtitle, 29
97		-	and provided further that each project: 30 SENATE BILL 813 3
	192	+	3. For fiscal year 2023, $2,000,000] $20,000,000. 30
	193	+	SENATE BILL 813 5
98	194
99	195
	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 BENEFITI NG CENSUS 3
	199	+	TRACTS WITH AN EJ SCORE OF .76 OR GREATER, AS IDENTIFIED USING THE 4
	200	+	MARYLAND EJ TOOL. 5
100	201
101		-	~~1. Is undertaken as part of a~~ comprehensive flood 1
102		-	~~management plan prepared and adopted~~ by the ~~subdivision; and 2~~
	202	+	(III) Funds not awarded from the comprehensive flood management 6
	203	+	grant program by the end of a fiscal year: 7
103	204
104		-	2. Is not inconsistent with any State or interjurisdictional 3
105		-	flood management plan. 4
	205	+	1. Shall remain in the program; and 8
106	206
107		-	~~(ii) Grants for automated flood warnings projects shall be 5~~
108		-	~~conditioned to require all affected local governing bodies to: 6~~
	207	+	2. Are not subject to § 7–302 of the State Finance and 9
	208	+	Procurement Article. 10
109	209
110		-	1. Adopt a specific and compatible response plan which has 7
111		-	been coordinated with local emergency management authorities and reviewed and 8
112		-	approved by the Department and the Maryland Department of Emergency Management; 9
113		-	and 10
	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
114	212
115		-	2. Provide for financial and other commitments to properly 11
116		-	operate and maintain the project. 12
	213	+	(ii) These regulations may include: 13
117	214
118		-	(iii) 1. The amount of any grant made by the Department for a 13
119		-	flood control and watershed management capital project that involves only nonfederal 14
120		-	funds and meets the criteria of this subtitle shall be matched by a minimum amount of 25% 15
121		-	of project costs in local government or private funds. 16
	215	+	1. A determination of statewide and interjurisdictional needs 14
	216	+	and priorities; 15
122	217
123		-	2. For a flood control and watershed management capital 17
124		-	project that involves federal funding and meets the criteria of this subtitle: 18
	218	+	2. Standards of eligibility for applicants and projects; 16
125	219
126		-	A. The Department may provide up to 50% of the nonfederal 19
127		-	share of the project funding; and 20
	220	+	3. Criteria for recognition of tidal and nontidal areas; 17
128	221
129		-	B. ~~Local government or private funds shall provide not less 21~~
130		-	~~than 50%~~ ~~of the nonfederal share of the project funding. 22~~
	222	+	4. Engineering and economic standards and alternatives; 18
	223	+	and 19
131	224
132		-	(iv) Each project application for a grant under this paragraph shall 23
133		-	be submitted to and reviewed by the State clearinghouse of the Department of Planning in 24
134		-	accordance with established clearinghouse procedures. 25
	225	+	5. Procedures for filing and processing contents of 20
	226	+	applications. 21
135	227
136		-	(4) (i) Subject to the approval of the Board of Public Works, the 26
137		-	Department may provide grants to subdivisions immediately after a flood for acquisition of 27
138		-	any flood damaged owner–occupied dwelling. 28
139		-
140		-	(ii) Total expenditures for grants made under this paragraph may 29
141		-	not exceed 50% of the total authorized budgeted funds in a fiscal year for grants under this 30
142		-	subsection. 31
143		-
144		-	(5) (i) The Department may award grants to subdivisions that have 32
145		-	incurred at least $1,000,000 in infrastructure damage caused by a flood event that occurred 33
146		-	on or after January 1, 2009. 34 4 SENATE BILL 813
147		-
148		-
149		-
150		-	(ii) The total amount of grants awarded by the Department to 1
151		-	subdivisions under this paragraph may: 2
152		-
153		-	1. For fiscal years 2020, 2021, and 2022, equal up to 100% of 3
154		-	the total amount of money appropriated to the comprehensive flood management program; 4
155		-	and 5
156		-
157		-	2. For fiscal year 2023 and each fiscal year thereafter, equal 6
158		-	up to 50% of the total amount of money appropriated to the comprehensive flood 7
159		-	management program. 8
160		-
161		-	(iii) A grant awarded to a subdivision under this paragraph may be: 9
162		-
163		-	1. For an amount of up to 50% of the combined cost of 10
164		-	infrastructure repairs, watershed restoration, and emergency work associated with the 11
165		-	flood event; 12
166		-
167		-	2. Used for infrastructure repairs, watershed management, 13
168		-	or emergency protection work associated with the flood event; and 14
169		-
170		-	3. Used for expenses associated with item 2 of this 15
171		-	subparagraph that the subdivision has already incurred. 16
172		-
173		-	(iv) The Department shall prioritize awarding grants under this 17
174		-	paragraph to subdivisions in which: 18
175		-
176		-	1. Infrastructure damage occurred in an area designated by 19
177		-	the Maryland Historical Trust as an historic district; or 20
178		-
179		-	2. Infrastructure damage caused by a flood event has 21
180		-	occurred more than once within the previous 5 years. 22
181		-
182		-	(6) To receive a grant, the subdivision must participate in the national 23
183		-	flood insurance program. 24
184		-
185		-	(7) Before awarding a grant under paragraphs (2), (3), or (4) of this 25
186		-	subsection, the Department, in cooperation with the Department of Planning, shall review 26
187		-	the flood control and watershed management operations of the applicant subdivision to 27
188		-	assure that the flood control and watershed management operations are in compliance with 28
189		-	this subtitle. 29
190		-
191		-	(8) (i) [The] FOR FISCAL YEAR 2025 AND EACH FISCAL YEAR 30
192		-	THEREAFTER , THE Governor shall MAY include in the annual State budget an 31
193		-	appropriation for the comprehensive flood management grant program of at least[: 32
194		-
195		-	1. For fiscal year 2021, $3,000,000; 33 SENATE BILL 813 5
196		-
197		-
198		-
199		-	2. For fiscal year 2022, $3,000,000; and 1
200		-
201		-	3. For fiscal year 2023, $2,000,000] $20,000,000. 2
202		-
203		-	(ii) IN EACH FISCAL YEAR , AT LEAST 40% OF FUNDING 3
204		-	PROVIDED UNDER THE C OMPREHENSIVE FLOOD M ANAGEMENT GRANT PROG RAM 4
205		-	SHALL BE USED FOR PR OJECTS LOCATED IN OR DIRECTLY BENEFITING CENSUS 5
206		-	TRACTS WITH AN EJ SCORE OF .76 OR GREATER , AS IDENTIFIED USING THE 6
207		-	MARYLAND EJ TOOL UNDERSERVED OR OVERB URDENED COMMUNITIES , AS 7
208		-	DEFINED IN § 1–701 OF THIS ARTICLE. 8
209		-
210		-	(III) Funds not awarded from the comprehensive flood management 9
211		-	grant program by the end of a fiscal year: 10
212		-
213		-	1. Shall remain in the program; and 11
214		-
215		-	2. Are not subject to § 7–302 of the State Finance and 12
216		-	Procurement Article. 13
217		-
218		-	(9) (i) The Department, in consultation with the Department of 14
219		-	Planning, shall adopt regulations necessary for the administration of the grant program. 15
220		-
221		-	(ii) These regulations may include: 16
222		-
223		-	1. A determination of statewide and interjurisdictional needs 17
224		-	and priorities; 18
225		-
226		-	2. Standards of eligibility for applicants and projects; 19
227		-
228		-	3. Criteria for recognition of tidal and nontidal areas; 20
229		-
230		-	4. Engineering and economic standards and alternatives; 21
231		-	and 22
232		-
233		-	5. Procedures for filing and processing contents of 23
234		-	applications. 24
235		-
236		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 25
237		-	1, 2023. 26
238		-
	228	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 22
	229	+	1, 2023. 23