EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*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
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 9, 2023
CHAPTER ______
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 benefitting underserved or 6
overburdened communities; requiring authorizing the Governor to include in the 7
annual State budget an appropriation for the comprehensive flood management 8
grant program of a certain amount in certain fiscal years; and generally relating to 9
the comprehensive flood management grant program. 10
BY repealing and reenacting, without amendments, 11
Article – Environment 12
Section 1–101(a), (e), and (j) 13
Annotated Code of Maryland 14
(2013 Replacement Volume and 2022 Supplement) 15
BY repealing and reenacting, with amendments, 16
Article – Environment 17
Section 5–803(h) 18
Annotated Code of Maryland 19
(2013 Replacement Volume and 2022 Supplement) 20
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22 2 SENATE BILL 813
Article – Environment 1
1–101. 2
(a) In this article the following words have the meanings indicated. 3
(e) “EJ Score” means an overall evaluation of an area’s environment and existing 4
environmental justice indicators, as defined by the Department in regulation, including: 5
(1) Pollution burden exposure; 6
(2) Pollution burden environmental effects; 7
(3) Sensitive populations; and 8
(4) Socioeconomic factors. 9
(j) “Maryland EJ tool” means a publicly available State mapping tool that allows 10
users to: 11
(1) Explore layers of environmental justice concern; 12
(2) Determine an overall EJ Score for census tracts in the State; and 13
(3) View additional context layers relevant to an area. 14
5–803. 15
(h) (1) There is a comprehensive flood management grant program within the 16
Department. 17
(2) (i) Subject to the approval of the Board of Public Works, the 18
Department may use proceeds from the State debt created to fund the comprehensive flood 19
management grant program to pay the entire cost of watershed studies pursuant to 20
subsection (b) of this section. 21
(ii) The Department may provide grants to subdivisions to pay the 22
entire cost of watershed studies when the Department delegates that responsibility 23
pursuant to subsection (b) of this section. 24
(3) (i) Subject to the approval of the Board of Public Works, the 25
Department may provide grants to subdivisions for flood control and watershed 26
management capital projects, and for the capital costs related to design, purchase, and 27
installation of automated flood warning projects, provided that the projects are consistent 28
with the plans and implementation prepared and adopted in accordance with this subtitle, 29
and provided further that each project: 30 SENATE BILL 813 3
1. Is undertaken as part of a comprehensive flood 1
management plan prepared and adopted by the subdivision; and 2
2. Is not inconsistent with any State or interjurisdictional 3
flood management plan. 4
(ii) Grants for automated flood warnings projects shall be 5
conditioned to require all affected local governing bodies to: 6
1. Adopt a specific and compatible response plan which has 7
been coordinated with local emergency management authorities and reviewed and 8
approved by the Department and the Maryland Department of Emergency Management; 9
and 10
2. Provide for financial and other commitments to properly 11
operate and maintain the project. 12
(iii) 1. The amount of any grant made by the Department for a 13
flood control and watershed management capital project that involves only nonfederal 14
funds and meets the criteria of this subtitle shall be matched by a minimum amount of 25% 15
of project costs in local government or private funds. 16
2. For a flood control and watershed management capital 17
project that involves federal funding and meets the criteria of this subtitle: 18
A. The Department may provide up to 50% of the nonfederal 19
share of the project funding; and 20
B. Local government or private funds shall provide not less 21
than 50% of the nonfederal share of the project funding. 22
(iv) Each project application for a grant under this paragraph shall 23
be submitted to and reviewed by the State clearinghouse of the Department of Planning in 24
accordance with established clearinghouse procedures. 25
(4) (i) Subject to the approval of the Board of Public Works, the 26
Department may provide grants to subdivisions immediately after a flood for acquisition of 27
any flood damaged owner–occupied dwelling. 28
(ii) Total expenditures for grants made under this paragraph may 29
not exceed 50% of the total authorized budgeted funds in a fiscal year for grants under this 30
subsection. 31
(5) (i) The Department may award grants to subdivisions that have 32
incurred at least $1,000,000 in infrastructure damage caused by a flood event that occurred 33
on or after January 1, 2009. 34 4 SENATE BILL 813
(ii) The total amount of grants awarded by the Department to 1
subdivisions under this paragraph may: 2
1. For fiscal years 2020, 2021, and 2022, equal up to 100% of 3
the total amount of money appropriated to the comprehensive flood management program; 4
and 5
2. For fiscal year 2023 and each fiscal year thereafter, equal 6
up to 50% of the total amount of money appropriated to the comprehensive flood 7
management program. 8
(iii) A grant awarded to a subdivision under this paragraph may be: 9
1. For an amount of up to 50% of the combined cost of 10
infrastructure repairs, watershed restoration, and emergency work associated with the 11
flood event; 12
2. Used for infrastructure repairs, watershed management, 13
or emergency protection work associated with the flood event; and 14
3. Used for expenses associated with item 2 of this 15
subparagraph that the subdivision has already incurred. 16
(iv) The Department shall prioritize awarding grants under this 17
paragraph to subdivisions in which: 18
1. Infrastructure damage occurred in an area designated by 19
the Maryland Historical Trust as an historic district; or 20
2. Infrastructure damage caused by a flood event has 21
occurred more than once within the previous 5 years. 22
(6) To receive a grant, the subdivision must participate in the national 23
flood insurance program. 24
(7) Before awarding a grant under paragraphs (2), (3), or (4) of this 25
subsection, the Department, in cooperation with the Department of Planning, shall review 26
the flood control and watershed management operations of the applicant subdivision to 27
assure that the flood control and watershed management operations are in compliance with 28
this subtitle. 29
(8) (i) [The] FOR FISCAL YEAR 2025 AND EACH FISCAL YEAR 30
THEREAFTER , THE Governor shall MAY include in the annual State budget an 31
appropriation for the comprehensive flood management grant program of at least[: 32
1. For fiscal year 2021, $3,000,000; 33 SENATE BILL 813 5
2. For fiscal year 2022, $3,000,000; and 1
3. For fiscal year 2023, $2,000,000] $20,000,000. 2
(ii) IN EACH FISCAL YEAR , AT LEAST 40% OF FUNDING 3
PROVIDED UNDER THE C OMPREHENSIVE FLOOD M ANAGEMENT GRANT PROG RAM 4
SHALL BE USED FOR PR OJECTS LOCATED IN OR DIRECTLY BENEFITING CENSUS 5
TRACTS WITH AN EJ SCORE OF .76 OR GREATER , AS IDENTIFIED USING THE 6
MARYLAND EJ TOOL UNDERSERVED OR OVERB URDENED COMMUNITIES , AS 7
DEFINED IN § 1–701 OF THIS ARTICLE. 8
(III) Funds not awarded from the comprehensive flood management 9
grant program by the end of a fiscal year: 10
1. Shall remain in the program; and 11
2. Are not subject to § 7–302 of the State Finance and 12
Procurement Article. 13
(9) (i) The Department, in consultation with the Department of 14
Planning, shall adopt regulations necessary for the administration of the grant program. 15
(ii) These regulations may include: 16
1. A determination of statewide and interjurisdictional needs 17
and priorities; 18
2. Standards of eligibility for applicants and projects; 19
3. Criteria for recognition of tidal and nontidal areas; 20
4. Engineering and economic standards and alternatives; 21
and 22
5. Procedures for filing and processing contents of 23
applications. 24
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 25
1, 2023. 26