EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1375*
HOUSE BILL 1375
M3 4lr0440
By: Delegate Rosenberg
Introduced and read first time: February 9, 2024
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Environmental Justice – Identification of and Investment in Overburdened and 2
Underserved Communities – Report 3
FOR the purpose of requiring the Department of the Environment to submit an annual 4
report to the Governor and General Assembly beginning on or before a certain date 5
relating to the identification of certain communities, the percentage of spending for 6
certain investments that benefited certain communities during the prior fiscal year 7
within certain governmental entities, and certain recommendations on improving 8
the identification of and provision of assistance to certain communities; and 9
generally relating to overburdened and underserved communities. 10
BY repealing and reenacting, with amendments, 11
Article – Environment 12
Section 1–701(a)(1) 13
Annotated Code of Maryland 14
(2013 Replacement Volume and 2023 Supplement) 15
BY repealing and reenacting, without amendments, 16
Article – Environment 17
Section 1–701(a)(7) and (8) 18
Annotated Code of Maryland 19
(2013 Replacement Volume and 2023 Supplement) 20
BY adding to 21
Article – Environment 22
Section 1–703 23
Annotated Code of Maryland 24
(2013 Replacement Volume and 2023 Supplement) 25
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 26
That the Laws of Maryland read as follows: 27 2 HOUSE BILL 1375
Article – Environment 1
1–701. 2
(a) (1) In this [section] SUBTITLE the following words have the meanings 3
indicated. 4
(7) “Overburdened community” means any census tract for which three or 5
more of the following environmental health indicators are above the 75th percentile 6
statewide: 7
(i) Particulate matter (PM) 2.5; 8
(ii) Ozone; 9
(iii) National Air Toxics Assessment (NATA) diesel PM; 10
(iv) NATA cancer risk; 11
(v) NATA respiratory hazard index; 12
(vi) Traffic proximity; 13
(vii) Lead paint indicator; 14
(viii) National Priorities List Superfund site proximity; 15
(ix) Risk Management Plan facility proximity; 16
(x) Hazardous waste proximity; 17
(xi) Wastewater discharge indicator; 18
(xii) Proximity to a Concentrated Animal Feeding Operation (CAFO); 19
(xiii) Percent of the population lacking broadband coverage; 20
(xiv) Asthma emergency room discharges; 21
(xv) Myocardial infarction discharges; 22
(xvi) Low–birth–weight infants; 23
(xvii) Proximity to emitting power plants; 24
(xviii) Proximity to a Toxic Release Inventory (TRI) facility; 25 HOUSE BILL 1375 3
(xix) Proximity to a brownfields site; 1
(xx) Proximity to mining operations; and 2
(xxi) Proximity to a hazardous waste landfill. 3
(8) “Underserved community” means any census tract in which, according 4
to the most recent U.S. Census Bureau Survey: 5
(i) At least 25% of the residents qualify as low–income; 6
(ii) At least 50% of the residents identify as nonwhite; or 7
(iii) At least 15% of the residents have limited English proficiency. 8
1–703. 9
ON OR BEFORE DECEMBER 31, 2024, AND EACH DECEMBER 31 THEREAFTER , 10
THE DEPARTMENT SHALL SUBM IT A REPORT TO THE GOVERNOR AND , IN 11
ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL 12
ASSEMBLY ON: 13
(1) THE IDENTIFICATION OF OVERBURDENED COMMUNI TIES AND 14
UNDERSERVED COMMUNIT IES IN THE STATE; 15
(2) THE PERCENTAGE OF OVERAL L SPENDING FOR PROGRAMS , 16
PROJECTS, AND INVESTMENTS THAT BENEFITED OVERBURDEN ED AND 17
UNDERSERVED COMMUNIT IES DURING THE PR IOR FISCAL YEAR WITHIN THE 18
FOLLOWING GOVERNMENT AL ENTITIES: 19
(I) THE DEPARTMENT ; 20
(II) THE MARYLAND ENERGY ADMINISTRATION ; 21
(III) THE MARYLAND DEPARTMENT OF LABOR; 22
(IV) THE DEPARTMENT OF HUMAN SERVICES; 23
(V) THE DEPARTMENT OF TRANSPORTATION ; 24
(VI) THE DEPARTMENT OF COMMERCE; 25
(VII) THE MILITARY DEPARTMENT ; 26
4 HOUSE BILL 1375
(VIII) THE DEPARTMENT OF NATURAL RESOURCES; 1
(IX) THE DEPARTMENT OF AGRICULTURE ; 2
(X) THE MARYLAND DEPARTMENT OF HEALTH; AND 3
(XI) ANY OTHER RELEVANT AG ENCIES OR PROGRAMS ; AND 4
(3) SPECIFIC RECOMMENDATI ONS TO IMPROVE THE IDENTIFI CATION 5
OF AND PROVISION OF ASSISTANCE TO OVERBU RDENED AND UNDERSERVED 6
COMMUNITIES , INCLUDING LEGISLATIV E AND REGULATORY CHA NGES. 7
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 8
1, 2024. 9