Old | New | Differences | |
---|---|---|---|
1 | 1 | ||
2 | 2 | ||
3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
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 | *hb0024* | |
9 | 6 | ||
10 | 7 | HOUSE BILL 24 | |
11 | 8 | M3 4lr0810 | |
12 | 9 | HB 840/23 – ENT & ECM (PRE–FILED) CF SB 96 | |
13 | - | By: Delegate Boyce Delegates Boyce, Addison, Allen, Foley, Healey, Lehman, | |
14 | - | J. Long, Love, and Stein | |
10 | + | By: Delegate Boyce | |
15 | 11 | Requested: October 3, 2023 | |
16 | 12 | Introduced and read first time: January 10, 2024 | |
17 | 13 | Assigned to: Environment and Transportation and Economic Matters | |
18 | - | Committee Report: Favorable with amendments | |
19 | - | House action: Adopted | |
20 | - | Read second time: March 7, 2024 | |
21 | 14 | ||
22 | - | ||
15 | + | A BILL ENTITLED | |
23 | 16 | ||
24 | 17 | AN ACT concerning 1 | |
25 | 18 | ||
26 | 19 | Environment – Impact of Environmental Permits and State Agency Actions 2 | |
27 | - | Department of the Environment – Environmental Justice Evaluation of 3 | |
28 | - | Environmental Permit Applications 4 | |
29 | 20 | ||
30 | - | FOR the purpose of requiring the Department of the Environment to conduct a certain 5 | |
31 | - | evaluation regarding the impact of issuing an approval for certain environmental 6 | |
32 | - | permits; requiring the Department to provide opportunities for certain 7 | |
33 | - | communication with certain residents in a certain manner; requiring the 8 | |
34 | - | Department to deposit certain money in certain funds under certain circumstances; 9 | |
35 | - | altering certain reporting requirements for certain State agencies; and generally 10 | |
36 | - | relating to the impact of actions on climate and environmental justice and equity 11 | |
37 | - | perform a certain environmental justice evaluation of certain environmental permit 12 | |
38 | - | applications under certain circumstances; authorizing the Department to take 13 | |
39 | - | certain actions on certain environmental permit applications based on certain 14 | |
40 | - | findings to address environmental justice concerns; requiring the Department to 15 | |
41 | - | maintain a publicly accessible website, part of a website, or application that 16 | |
42 | - | identifies pending permit applications in a certain manner; authorizing the 17 | |
43 | - | Department to charge a certain fee to cover certain costs; requiring the Department 18 | |
44 | - | to consult with certain stakeholders regarding certain environmental justice 19 | |
45 | - | evaluations of certain permit applications and to make certain considerations for 20 | |
46 | - | improving public outreach and notice regarding certain permit determinations; and 21 | |
47 | - | generally relating to environmental justice and environmental permits. 22 | |
48 | - | 2 HOUSE BILL 24 | |
21 | + | FOR the purpose of requiring the Department of the Environment to conduct a certain 3 | |
22 | + | evaluation regarding the impact of issuing an approval for certain environmental 4 | |
23 | + | permits; requiring the Department to provide opportunities for certain 5 | |
24 | + | communication with certain residents in a certain manner; requiring the 6 | |
25 | + | Department to deposit certain money in certain funds under certain circumstances; 7 | |
26 | + | altering certain reporting requirements for certain State agencies; and generally 8 | |
27 | + | relating to the impact of actions on climate and environmental justice and equity. 9 | |
28 | + | ||
29 | + | BY repealing and reenacting, without amendments, 10 | |
30 | + | Article – Environment 11 | |
31 | + | Section 1–601(a), 1–701(a)(1), (5), (7), and (8), 1–702(b), 2–107(a), and 7–218 12 | |
32 | + | Annotated Code of Maryland 13 | |
33 | + | (2013 Replacement Volume and 2023 Supplement) 14 | |
34 | + | ||
35 | + | BY repealing and reenacting, with amendments, 15 | |
36 | + | Article – Environment 16 | |
37 | + | Section 1–702(a), 2–107(b), 2–1305, and 7–219 17 | |
38 | + | Annotated Code of Maryland 18 | |
39 | + | (2013 Replacement Volume and 2023 Supplement) 19 | |
40 | + | ||
41 | + | BY adding to 20 | |
42 | + | Article – Environment 21 | |
43 | + | Section 1–7A–01 through 1–7A–05 to be under the new subtitle “Subtitle 7A. Impact 22 | |
44 | + | of Environmental Permits on Climate and Environmental Equity” 23 | |
45 | + | Annotated Code of Maryland 24 | |
46 | + | (2013 Replacement Volume and 2023 Supplement) 25 | |
47 | + | ||
48 | + | BY repealing and reenacting, without amendments, 26 2 HOUSE BILL 24 | |
49 | 49 | ||
50 | 50 | ||
51 | - | BY repealing and reenacting, without amendments, 1 | |
52 | - | Article – Environment 2 | |
53 | - | Section 1–601(a), 1–701(a)(1), (5), (7), and (8), 1–702(b), 2–107(a), and 7–218 3 | |
54 | - | Section 1–601(a), 1–601.1, and 1–701(a)(1) and (5) 4 | |
55 | - | Annotated Code of Maryland 5 | |
56 | - | (2013 Replacement Volume and 2023 Supplement) 6 | |
51 | + | Article – Environment 1 | |
52 | + | Section 9–320(a) 2 | |
53 | + | Annotated Code of Maryland 3 | |
54 | + | (2014 Replacement Volume and 2023 Supplement) 4 | |
57 | 55 | ||
58 | - | BY repealing and reenacting, with amendments, | |
59 | - | Article – Environment | |
60 | - | Section | |
61 | - | Annotated Code of Maryland | |
62 | - | ( | |
56 | + | BY repealing and reenacting, with amendments, 5 | |
57 | + | Article – Environment 6 | |
58 | + | Section 9–320(b) 7 | |
59 | + | Annotated Code of Maryland 8 | |
60 | + | (2014 Replacement Volume and 2023 Supplement) 9 | |
63 | 61 | ||
64 | - | BY adding to 12 | |
65 | - | Article – Environment 13 | |
66 | - | Section 1–7A–01 through 1–7A–05 to be under the new subtitle “Subtitle 7A. Impact 14 | |
67 | - | of Environmental Permits on Climate and Environmental Equity 15 | |
68 | - | Environmental Justice Evaluation of Environmental Permit Applications” 16 | |
69 | - | Annotated Code of Maryland 17 | |
70 | - | (2013 Replacement Volume and 2023 Supplement) 18 | |
62 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 10 | |
63 | + | That the Laws of Maryland read as follows: 11 | |
71 | 64 | ||
72 | - | BY repealing and reenacting, without amendments, 19 | |
73 | - | Article – Environment 20 | |
74 | - | Section 9–320(a) 21 | |
75 | - | Annotated Code of Maryland 22 | |
76 | - | (2014 Replacement Volume and 2023 Supplement) 23 | |
65 | + | Article – Environment 12 | |
77 | 66 | ||
78 | - | BY repealing and reenacting, with amendments, 24 | |
79 | - | Article – Environment 25 | |
80 | - | Section 9–320(b) 26 | |
81 | - | Annotated Code of Maryland 27 | |
82 | - | (2014 Replacement Volume and 2023 Supplement) 28 | |
67 | + | 1–601. 13 | |
83 | 68 | ||
84 | - | | |
85 | - | ||
69 | + | (a) Permits issued by the Department under the following sections shall be issued 14 | |
70 | + | in accordance with this subtitle: 15 | |
86 | 71 | ||
87 | - | Article | |
72 | + | (1) Air quality control permits to construct subject to § 2–404 of this article; 16 | |
88 | 73 | ||
89 | - | 1–601. 32 | |
74 | + | (2) Permits to install, materially alter, or materially extend landfill 17 | |
75 | + | systems, incinerators for public use, or rubble landfills subject to § 9–209 of this article; 18 | |
90 | 76 | ||
91 | - | ( | |
92 | - | ||
77 | + | (3) Permits to discharge pollutants to waters of the State issued pursuant 19 | |
78 | + | to § 9–323 of this article; 20 | |
93 | 79 | ||
94 | - | (1) Air quality control permits to construct subject to § 2–404 of this article; 35 | |
80 | + | (4) Permits to install, materially alter, or materially extend a structure 21 | |
81 | + | used for storage or distribution of any type of sewage sludge issued, renewed, or amended 22 | |
82 | + | pursuant to § 9–234.1 or § 9–238 of this article; 23 | |
95 | 83 | ||
96 | - | (2) Permits to install, materially alter, or materially extend landfill 36 | |
97 | - | systems, incinerators for public use, or rubble landfills subject to § 9–209 of this article; 37 HOUSE BILL 24 3 | |
84 | + | (5) Permits to own, operate, establish, or maintain a controlled hazardous 24 | |
85 | + | substance facility issued pursuant to § 7–232 of this article; 25 | |
86 | + | ||
87 | + | (6) Permits to own, operate, or maintain a hazardous material facility 26 | |
88 | + | issued pursuant to § 7–103 of this article; 27 | |
89 | + | ||
90 | + | (7) Permits to own, operate, establish, or maintain a low–level nuclear 28 | |
91 | + | waste facility issued pursuant to § 7–233 of this article; and 29 | |
92 | + | ||
93 | + | (8) Potable reuse permits issued in accordance with § 9–303.2 of this 30 | |
94 | + | article. 31 | |
95 | + | ||
96 | + | 1–701. 32 | |
97 | + | HOUSE BILL 24 3 | |
98 | + | ||
99 | + | ||
100 | + | (a) (1) In this section the following words have the meanings indicated. 1 | |
101 | + | ||
102 | + | (5) “Environmental justice” means equal protection from environmental 2 | |
103 | + | and public health hazards for all people regardless of race, income, culture, and social 3 | |
104 | + | status. 4 | |
105 | + | ||
106 | + | (7) “Overburdened community” means any census tract for which three or 5 | |
107 | + | more of the following environmental health indicators are above the 75th percentile 6 | |
108 | + | statewide: 7 | |
109 | + | ||
110 | + | (i) Particulate matter (PM) 2.5; 8 | |
111 | + | ||
112 | + | (ii) Ozone; 9 | |
113 | + | ||
114 | + | (iii) National Air Toxics Assessment (NATA) diesel PM; 10 | |
115 | + | ||
116 | + | (iv) NATA cancer risk; 11 | |
117 | + | ||
118 | + | (v) NATA respiratory hazard index; 12 | |
119 | + | ||
120 | + | (vi) Traffic proximity; 13 | |
121 | + | ||
122 | + | (vii) Lead paint indicator; 14 | |
123 | + | ||
124 | + | (viii) National Priorities List Superfund site proximity; 15 | |
125 | + | ||
126 | + | (ix) Risk Management Plan facility proximity; 16 | |
127 | + | ||
128 | + | (x) Hazardous waste proximity; 17 | |
129 | + | ||
130 | + | (xi) Wastewater discharge indicator; 18 | |
131 | + | ||
132 | + | (xii) Proximity to a Concentrated Animal Feeding Operation (CAFO); 19 | |
133 | + | ||
134 | + | (xiii) Percent of the population lacking broadband coverage; 20 | |
135 | + | ||
136 | + | (xiv) Asthma emergency room discharges; 21 | |
137 | + | ||
138 | + | (xv) Myocardial infarction discharges; 22 | |
139 | + | ||
140 | + | (xvi) Low–birth–weight infants; 23 | |
141 | + | ||
142 | + | (xvii) Proximity to emitting power plants; 24 | |
143 | + | ||
144 | + | (xviii) Proximity to a Toxic Release Inventory (TRI) facility; 25 | |
145 | + | ||
146 | + | (xix) Proximity to a brownfields site; 26 4 HOUSE BILL 24 | |
98 | 147 | ||
99 | 148 | ||
100 | 149 | ||
101 | - | (3) Permits to discharge pollutants to waters of the State issued pursuant 1 | |
102 | - | to § 9–323 of this article; 2 | |
150 | + | (xx) Proximity to mining operations; and 1 | |
103 | 151 | ||
104 | - | (4) Permits to install, materially alter, or materially extend a structure 3 | |
105 | - | used for storage or distribution of any type of sewage sludge issued, renewed, or amended 4 | |
106 | - | pursuant to § 9–234.1 or § 9–238 of this article; 5 | |
152 | + | (xxi) Proximity to a hazardous waste landfill. 2 | |
107 | 153 | ||
108 | - | ( | |
109 | - | ||
154 | + | (8) “Underserved community” means any census tract in which, according 3 | |
155 | + | to the most recent U.S. Census Bureau Survey: 4 | |
110 | 156 | ||
111 | - | (6) Permits to own, operate, or maintain a hazardous material facility 8 | |
112 | - | issued pursuant to § 7–103 of this article; 9 | |
157 | + | (i) At least 25% of the residents qualify as low–income; 5 | |
113 | 158 | ||
114 | - | (7) Permits to own, operate, establish, or maintain a low–level nuclear 10 | |
115 | - | waste facility issued pursuant to § 7–233 of this article; and 11 | |
159 | + | (ii) At least 50% of the residents identify as nonwhite; or 6 | |
116 | 160 | ||
117 | - | (8) Potable reuse permits issued in accordance with § 9–303.2 of this 12 | |
118 | - | article. 13 | |
161 | + | (iii) At least 15% of the residents have limited English proficiency. 7 | |
119 | 162 | ||
120 | - | 1– | |
163 | + | 1–702. 8 | |
121 | 164 | ||
122 | - | (a) A person applying for a permit listed under § 1–601(a) of this subtitle shall 15 | |
123 | - | include in the permit application the EJ Score from the Maryland EJ tool for the census 16 | |
124 | - | tract where the applicant is seeking a permit, unless the permit requires the applicant to 17 | |
125 | - | use a tool developed by the U.S. Environmental Protection Agency. 18 | |
165 | + | (a) On or before December 31, [2023] 2024, the Department, in consultation with 9 | |
166 | + | the Commission on Environmental Justice and Sustainable Communities, shall: 10 | |
126 | 167 | ||
127 | - | (b) On receiving an application for a permit listed under § 1–601(a) of this 19 | |
128 | - | subtitle, the Department shall, in accordance with regulations adopted under this section, 20 | |
129 | - | review the EJ Score for the census tract where the applicant is seeking a permit using the 21 | |
130 | - | Maryland EJ tool to verify the applicant’s information. 22 | |
168 | + | (1) Subject to subsection (b) of this section, adopt a methodology for 11 | |
169 | + | identifying communities disproportionately affected by climate impacts; 12 | |
131 | 170 | ||
132 | - | (c) The Department shall adopt regulations to implement this section. 23 | |
171 | + | (2) Develop specific strategies to address geographical impact concerns, 13 | |
172 | + | reduce emissions of greenhouse gases and co–pollutants, and build climate equity and 14 | |
173 | + | resilience within communities disproportionately affected by climate impacts; 15 | |
133 | 174 | ||
134 | - | 1–701. 24 | |
175 | + | (3) Set appropriate goals for the percentage of State funding for greenhouse 16 | |
176 | + | gas emission reduction measures that should be used for the benefit of disproportionately 17 | |
177 | + | affected communities; and 18 | |
135 | 178 | ||
136 | - | (a) (1) In this section the following words have the meanings indicated. 25 | |
179 | + | (4) Report to the Maryland Commission on Climate Change and, in 19 | |
180 | + | accordance with § 2–1257 of the State Government Article, the General Assembly on the 20 | |
181 | + | policies and programs developed under this subsection. 21 | |
137 | 182 | ||
138 | - | (5) “Environmental justice” means equal protection from environmental 26 | |
139 | - | and public health hazards for all people regardless of race, income, culture, and social 27 | |
140 | - | status. 28 | |
183 | + | (b) In evaluating methodologies under subsection (a)(1) of this section, the 22 | |
184 | + | Department shall, at a minimum, include: 23 | |
141 | 185 | ||
142 | - | (7) “Overburdened community” means any census tract for which three or 29 | |
143 | - | more of the following environmental health indicators are above the 75th percentile 30 | |
144 | - | statewide: 31 | |
186 | + | (1) Underserved communities; 24 | |
145 | 187 | ||
146 | - | (i) Particulate matter (PM) 2.5; 32 4 HOUSE BILL 24 | |
188 | + | (2) Overburdened communities; and 25 | |
189 | + | ||
190 | + | (3) Areas that are vulnerable to climate impacts, such as flooding, storm 26 | |
191 | + | surges, and urban heat island effects, due to low levels of tree coverage, high levels of 27 | |
192 | + | impervious surfaces, or other factors. 28 | |
193 | + | ||
194 | + | SUBTITLE 7A. IMPACT OF ENVIRONMENTAL PERMITS ON CLIMATE AND 29 | |
195 | + | ENVIRONMENTAL EQUITY. 30 HOUSE BILL 24 5 | |
147 | 196 | ||
148 | 197 | ||
149 | 198 | ||
150 | - | ||
199 | + | 1–7A–01. 1 | |
151 | 200 | ||
152 | - | (iii) National Air Toxics Assessment (NATA) diesel PM; 2 | |
201 | + | (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 2 | |
202 | + | INDICATED. 3 | |
153 | 203 | ||
154 | - | (iv) NATA cancer risk; 3 | |
204 | + | (B) “APPLICANT” MEANS A PERSON APPLY ING FOR A PERMIT LIS TED 4 | |
205 | + | UNDER § 1–601(A) OF THIS TITLE. 5 | |
155 | 206 | ||
156 | - | (v) NATA respiratory hazard index; 4 | |
207 | + | (C) “ENVIRONMENTAL JUSTICE” HAS THE MEANING STAT ED IN § 1–701 OF 6 | |
208 | + | THIS TITLE. 7 | |
157 | 209 | ||
158 | - | (vi) Traffic proximity; 5 | |
210 | + | (D) “OVERBURDENED COMMUNIT Y” HAS THE MEANING STAT ED IN § 1–701 8 | |
211 | + | OF THIS TITLE. 9 | |
159 | 212 | ||
160 | - | ( | |
213 | + | (E) “PERMIT” MEANS A PERMIT LISTE D UNDER § 1–601(A) OF THIS TITLE. 10 | |
161 | 214 | ||
162 | - | (viii) National Priorities List Superfund site proximity; 7 | |
215 | + | (F) “UNDERSERVED COMMUNITY ” HAS THE MEANING ST ATED IN § 1–701 OF 11 | |
216 | + | THIS TITLE. 12 | |
163 | 217 | ||
164 | - | ||
218 | + | 1–7A–02. 13 | |
165 | 219 | ||
166 | - | (x) Hazardous waste proximity; 9 | |
220 | + | (A) (1) IF, AFTER REVIEWING AN EJ SCORE IN ACCORDANCE WITH § 14 | |
221 | + | 1–601.1(B) OF THIS TITLE, THE DEPARTMENT DETERMINES THAT ISSUING AN 15 | |
222 | + | APPROVAL FOR A NEW PERMIT MAY IMPACT AN UNDERSERVED COMMUNITY OR 16 | |
223 | + | AN OVERBURDENED COMMUNITY , THE DEPARTMENT SHALL CONDUCT A CLIMATE 17 | |
224 | + | AND ENVIRONMENTAL EQUITY EVALUATION OF THE PERMIT. 18 | |
167 | 225 | ||
168 | - | (xi) Wastewater discharge indicator; 10 | |
226 | + | (2) THE CLIMATE AND ENVIR ONMENTAL EQUITY EVAL UATION 19 | |
227 | + | REQUIRED UNDER THIS SECTION SHALL INCLUDE AN ANALYSIS OF: 20 | |
169 | 228 | ||
170 | - | (xii) Proximity to a Concentrated Animal Feeding Operation (CAFO); 11 | |
229 | + | (I) EXISTING ENVIRONMENTA L AND CLIMATE DATA REGARDING 21 | |
230 | + | THE AFFECTED COMMUNI TY, INCLUDING MONITORING , MODELING, OR ANY OTHER 22 | |
231 | + | DATA DEEMED APPROPRIATE ; 23 | |
171 | 232 | ||
172 | - | ( | |
233 | + | (II) THE APPLICANT FACILIT Y’S COMPLIANCE RECORD ; AND 24 | |
173 | 234 | ||
174 | - | (xiv) Asthma emergency room discharges; 13 | |
235 | + | (III) POTENTIAL METHODS TO MINIMIZE OR MITIGATE POTENTIAL 25 | |
236 | + | ADVERSE EFFECTS IN T HE AFFECTED COMMUNITY . 26 | |
175 | 237 | ||
176 | - | (xv) Myocardial infarction discharges; 14 | |
238 | + | (B) IN ADDITION TO THE EV ALUATION REQUIRED UNDER SUBSECTION (A) OF 27 | |
239 | + | THIS SECTION, THE DEPARTMENT, IN COORDINATION WITH THE MARYLAND 28 | |
240 | + | DEPARTMENT OF HEALTH, MAY CONDUCT A HEALTH IMPACT ASSESSMENT OF THE 29 6 HOUSE BILL 24 | |
177 | 241 | ||
178 | - | (xvi) Low–birth–weight infants; 15 | |
179 | 242 | ||
180 | - | ||
243 | + | PERMIT. 1 | |
181 | 244 | ||
182 | - | (xviii) Proximity to a Toxic Release Inventory (TRI) facility; 17 | |
245 | + | (C) (1) IN CONDUCTING A C LIMATE AND EQUITY EV ALUATION OR A HEALTH 2 | |
246 | + | IMPACT ASSESSMENT IN ACCORDANCE WITH THIS SECTION, THE DEPARTMENT MAY 3 | |
247 | + | CONSIDER CUMULATIVE IMPACTS, AS DEFINED IN THE U.S. ENVIRONMENTAL 4 | |
248 | + | PROTECTION AGENCY’S REPORT ON CUMULATIVE IMPACTS RESEARCH: 5 | |
249 | + | RECOMMENDATIONS FOR EPA’S OFFICE OF RESEARCH AND DEVELOPMENT . 6 | |
183 | 250 | ||
184 | - | (xix) Proximity to a brownfields site; 18 | |
251 | + | (2) THE DEPARTMENT SHALL COMP LETE A CLIMATE AND E QUITY 7 | |
252 | + | EVALUATION AND , IF APPLICABLE, A HEALTH IMPACT ASSE SSMENT WITHIN 60 DAYS 8 | |
253 | + | AFTER MAKING A DETER MINATION UNDER SUBSE CTION (A) OF THIS SECTION THAT 9 | |
254 | + | ISSUING AN APPROVAL FOR A NEW P ERMIT MAY IMPACT AN UNDERSERVED 10 | |
255 | + | COMMUNITY OR AN OVER BURDENED COMMUNITY . 11 | |
185 | 256 | ||
186 | - | ||
257 | + | 1–7A–03. 12 | |
187 | 258 | ||
188 | - | (xxi) Proximity to a hazardous waste landfill. 20 | |
259 | + | (A) THE DEPARTMENT SHALL REGU LARLY PROVIDE OPPORT UNITIES FOR 13 | |
260 | + | RESIDENTS OF THE STATE TO OPT IN TO TE XT, PHONE, E–MAIL, OR REGULAR MAIL 14 | |
261 | + | NOTIFICATIONS REGA RDING ANY FACILITY W ITH A PENDING OR FIN AL PERMIT 15 | |
262 | + | APPROVAL IN OR ADJACENT TO TH E RESIDENT’S CENSUS TRACT . 16 | |
189 | 263 | ||
190 | - | (8) “Underserved community” means any census tract in which, according 21 | |
191 | - | to the most recent U.S. Census Bureau Survey: 22 | |
264 | + | (B) (1) IF AN APPLICANT IS AP PLYING FOR MORE THAN ONE PERMIT FOR 17 | |
265 | + | THE SAME FACILITY , THE DEPARTMENT SHALL COMP LY WITH THE REQUIREM ENTS 18 | |
266 | + | UNDER § 1–7A–02 OF THIS SUBTITLE ONL Y ONCE UNLESS THE DEPARTMENT 19 | |
267 | + | DETERMINES THAT MORE THAN ONE EVALUATION IS NECESSARY DUE TO THE 20 | |
268 | + | COMPLEXITY OF THE AP PLICATIONS. 21 | |
192 | 269 | ||
193 | - | (i) At least 25% of the residents qualify as low–income; 23 | |
270 | + | (2) PARAGRAPH (1) OF THIS SUBSECTION M AY NOT BE CONSTRUED 22 | |
271 | + | TO LIMIT THE AUTHORI TY OF THE DEPARTMENT TO HO LD OR REQUIRE ADDITI ONAL 23 | |
272 | + | PUBLIC HEARINGS FOR A PERMIT. 24 | |
194 | 273 | ||
195 | - | (ii) At least 50% of the residents identify as nonwhite; or 24 HOUSE BILL 24 5 | |
274 | + | (C) THE DEPARTMENT MAY DENY O R ALTER A DECISION O R AMEND THE 25 | |
275 | + | CONDITIONS UNDER A P ENDING PERMIT BASED ON THE DEPARTMENT ’S FINDINGS 26 | |
276 | + | UNDER THIS SUBTITLE . 27 | |
277 | + | ||
278 | + | 1–7A–04. 28 | |
279 | + | ||
280 | + | (A) SUBJECT TO SUBSECTION (B) OF THIS SECTION, IN ADDITION TO ANY 29 | |
281 | + | OTHER FEE AUTHORIZED BY LAW OR REGULATION , THE DEPARTMENT MAY CHARGE 30 | |
282 | + | A REASONABLE FEE TO COVER THE DEPARTMENT ’S COSTS ASSOCIATED W ITH THE 31 | |
283 | + | IMPLEMENTATION OF TH IS SUBTITLE, INCLUDING COSTS TO P ROVIDE TECHNICAL 32 | |
284 | + | ASSISTANCE TO P ERMIT APPLICANTS AND RESIDENTS OF RELEVAN T CENSUS 33 | |
285 | + | TRACTS AS NEEDED TO COMPLY WITH THIS SUB TITLE. 34 HOUSE BILL 24 7 | |
196 | 286 | ||
197 | 287 | ||
198 | 288 | ||
199 | - | (iii) At least 15% of the residents have limited English proficiency. 1 | |
289 | + | (B) THE DEPARTMENT SHALL DEPO SIT ANY MONEY FROM F EES THAT 1 | |
290 | + | REMAINS AFTER COVERI NG COSTS IN ACCORDAN CE WITH SUBSECTION (A) OF THIS 2 | |
291 | + | SECTION INTO: 3 | |
200 | 292 | ||
201 | - | 1 | |
293 | + | (1) THE MARYLAND CLEAN WATER FUND; 4 | |
202 | 294 | ||
203 | - | (a) On or before December 31, [2023] 2024, the Department, in consultation with 3 | |
204 | - | the Commission on Environmental Justice and Sustainable Communities, shall: 4 | |
295 | + | (2) THE MARYLAND CLEAN AIR FUND; OR 5 | |
205 | 296 | ||
206 | - | (1) Subject to subsection (b) of this section, adopt a methodology for 5 | |
207 | - | identifying communities disproportionately affected by climate impacts; 6 | |
297 | + | (3) THE STATE HAZARDOUS SUBSTANCE CONTROL FUND. 6 | |
208 | 298 | ||
209 | - | (2) Develop specific strategies to address geographical impact concerns, 7 | |
210 | - | reduce emissions of greenhouse gases and co–pollutants, and build climate equity and 8 | |
211 | - | resilience within communities disproportionately affected by climate impacts; 9 | |
299 | + | 1–7A–05. 7 | |
212 | 300 | ||
213 | - | (3) Set appropriate goals for the percentage of State funding for greenhouse 10 | |
214 | - | gas emission reduction measures that should be used for the benefit of disproportionately 11 | |
215 | - | affected communities; and 12 | |
301 | + | THE DEPARTMENT SHALL ADOP T REGULATIONS TO CAR RY OUT THIS 8 | |
302 | + | SUBTITLE. 9 | |
216 | 303 | ||
217 | - | (4) Report to the Maryland Commission on Climate Change and, in 13 | |
218 | - | accordance with § 2–1257 of the State Government Article, the General Assembly on the 14 | |
219 | - | policies and programs developed under this subsection. 15 | |
304 | + | 2–107. 10 | |
220 | 305 | ||
221 | - | (b) In evaluating methodologies under subsection (a)(1) of this section, the 16 | |
222 | - | Department shall, at a minimum, include: 17 | |
306 | + | (a) There is a Maryland Clean Air Fund. 11 | |
223 | 307 | ||
224 | - | (1) Underserved communities; 18 | |
308 | + | (b) (1) Except as provided in § 2–1002(g) of this title, all application fees, 12 | |
309 | + | permit fees, renewal fees, and funds collected by the Department under this title, Title 6, 13 | |
310 | + | Subtitle 4 of this article, or received from the Maryland Strategic Energy Investment Fund 14 | |
311 | + | under § 9–20B–05(g)(3)(iii) of the State Government Article, including any civil or 15 | |
312 | + | administrative penalty or any fine imposed by a court under these provisions, shall be paid 16 | |
313 | + | into the Maryland Clean Air Fund. 17 | |
225 | 314 | ||
226 | - | (2) Overburdened communities; and 19 | |
315 | + | (2) THE MARYLAND CLEAN AIR FUND MAY RECEIVE MONEY IN 18 | |
316 | + | ACCORDANCE WITH § 1–7A–04(B) OF THIS ARTICLE. 19 | |
227 | 317 | ||
228 | - | (3) Areas that are vulnerable to climate impacts, such as flooding, storm 20 | |
229 | - | surges, and urban heat island effects, due to low levels of tree coverage, high levels of 21 | |
230 | - | impervious surfaces, or other factors. 22 | |
318 | + | 2–1305. 20 | |
231 | 319 | ||
232 | - | ||
233 | - | ||
234 | - | ||
320 | + | (a) (1) Each State agency shall review its planning, regulatory, and fiscal 21 | |
321 | + | programs to identify and recommend actions to more fully integrate the consideration of 22 | |
322 | + | Maryland’s greenhouse gas reduction goal and the impacts of climate change. 23 | |
235 | 323 | ||
236 | - | ||
324 | + | (2) The review shall include the consideration of: 24 | |
237 | 325 | ||
238 | - | (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 27 | |
239 | - | INDICATED. 28 | |
326 | + | (i) Sea level rise; 25 | |
240 | 327 | ||
241 | - | (B) “APPLICANT” MEANS A PERSON APPLY ING FOR A PERMIT LIS TED 29 | |
242 | - | UNDER § 1–601(A) OF THIS TITLE. 30 | |
243 | - | 6 HOUSE BILL 24 | |
328 | + | (ii) Storm surges and flooding; 26 | |
329 | + | ||
330 | + | (iii) Increased precipitation and temperature; [and] 27 | |
331 | + | ||
332 | + | (iv) Extreme weather events; AND 28 8 HOUSE BILL 24 | |
244 | 333 | ||
245 | 334 | ||
246 | - | (C) “DISCHARGE PERMIT ” HAS THE MEANING STAT ED IN § 9–301 OF THIS 1 | |
247 | - | ARTICLE. 2 | |
248 | 335 | ||
249 | - | (C) (D) “ENVIRONMENTAL JUSTICE ” HAS THE MEANING STAT ED IN § 3 | |
250 | - | 1–701 OF THIS TITLE. 4 | |
336 | + | (V) WHETHER AGENCY DECISI ONS CONTRIBUTE TO LO CAL 1 | |
337 | + | DETERIORATION OF PUB LIC HEALTH OR INCREA SES IN POLLUTION ASS OCIATED 2 | |
338 | + | WITH HEALTH AND ENVI RONMENTAL BURDENS FO R UNDERSERVED AND 3 | |
339 | + | OVERBURDENED COMMUNI TIES. 4 | |
251 | 340 | ||
252 | - | (D) “OVERBURDENED COMMUNIT Y” HAS THE MEANING STAT ED IN § 1–701 5 | |
253 | - | OF THIS TITLE. 6 | |
341 | + | (b) Each State agency shall identify and recommend specific policy, planning, 5 | |
342 | + | regulatory, and fiscal changes to existing programs that do not currently support the State’s 6 | |
343 | + | greenhouse gas reduction efforts or address climate change. 7 | |
254 | 344 | ||
255 | - | (E) (1) “PERMIT” MEANS A PERMIT LISTE D UNDER § 1–601(A) OF THIS 7 | |
256 | - | TITLE. 8 | |
345 | + | (c) (1) [The] ON OR BEFORE DECEMBER 1 EACH YEAR, THE following State 8 | |
346 | + | agencies shall report [annually] on the status of programs that support the State’s 9 | |
347 | + | greenhouse gas reduction efforts or address climate change TO THE GENERAL 10 | |
348 | + | ASSEMBLY, in accordance with § 2–1257 of the State Government Article, AND to the 11 | |
349 | + | Commission and the Governor: 12 | |
257 | 350 | ||
258 | - | ( | |
351 | + | (i) The Department; 13 | |
259 | 352 | ||
260 | - | (I) A GENERAL DISCHARGE PE RMIT FOR RESIDENTIAL OR 10 | |
261 | - | COMMERCIAL CONSTRUCT ION; OR 11 | |
353 | + | (ii) The Department of Agriculture; 14 | |
262 | 354 | ||
263 | - | (II) A GENERAL DISCHARGE PE RMIT TO CONSTRUCT AN 12 | |
264 | - | ELECTRICITY SUBSTATI ON. 13 | |
355 | + | (iii) The Department of General Services; 15 | |
265 | 356 | ||
266 | - | (F) “UNDERSERVED COMMUNITY ” HAS THE MEANING STAT ED IN § 1–701 OF 14 | |
267 | - | THIS TITLE. 15 | |
357 | + | (iv) The Department of Housing and Community Development; 16 | |
268 | 358 | ||
269 | - | ||
359 | + | (v) The Department of Natural Resources; 17 | |
270 | 360 | ||
271 | - | (A) THIS SECTION APPLIES TO A PERMIT APPLICAT ION, OTHER THAN A 17 | |
272 | - | GENERAL PERMIT APPLI CATION, RECEIVED BY THE DEPARTMENT ON OR AFTE R 18 | |
273 | - | OCTOBER 1, 2024. 19 | |
361 | + | (vi) The Department of Planning; 18 | |
274 | 362 | ||
275 | - | (A) (1) (B) IF, AFTER REVIEWING AN EJ SCORE IN ACCORDANCE W ITH 20 | |
276 | - | § 1–601.1(B) OF THIS TITLE, THE DEPARTMENT DETERMINES THAT ISSUING AN 21 | |
277 | - | APPROVAL FOR A NEW P ERMIT MAY IMPACT AN UNDERSERVED COMMUNIT Y OR AN 22 | |
278 | - | OVERBURDENED COMMUNI TY, THE DEPARTMENT SHALL COND UCT A CLIMATE AND 23 | |
279 | - | ENVIRONMENTAL EQUITY EVALUATION OF THE PE RMIT THE EJ SCORE IS ABOVE 24 | |
280 | - | THE 75TH PERCENTILE STATEW IDE, THE DEPARTMENT SHALL PERF ORM AN 25 | |
281 | - | ADDITIONAL ENVIRONME NTAL JUSTICE EVALUAT ION OF THE PERMIT AP PLICATION. 26 | |
363 | + | (vii) The Department of Transportation; 19 | |
282 | 364 | ||
283 | - | (2) THE CLIMATE AND ENVIR ONMENTAL EQUITY EVAL UATION 27 | |
284 | - | REQUIRED UNDER THIS SECTION SHALL INCLUD E AN ANALYSIS OF: 28 | |
365 | + | (viii) The Maryland Energy Administration; 20 | |
285 | 366 | ||
286 | - | (I) EXISTING ENVIRONMENTA L AND CLIMATE DATA 29 | |
287 | - | REGARDING THE AFFECTED COMMUNI TY, INCLUDING MONITORING , MODELING, OR 30 | |
288 | - | ANY OTHER DATA DEEMED APPROPRI ATE; 31 | |
289 | - | HOUSE BILL 24 7 | |
367 | + | (ix) The Maryland Insurance Administration; 21 | |
290 | 368 | ||
369 | + | (x) The Public Service Commission; and 22 | |
291 | 370 | ||
292 | - | ( | |
371 | + | (xi) The University of Maryland Center for Environmental Science. 23 | |
293 | 372 | ||
294 | - | (III) POTENTIAL METHODS TO MINIMIZE OR MITIGATE 2 | |
295 | - | POTENTIAL ADVERSE EFFECTS IN T HE AFFECTED COMMUNIT Y. 3 | |
373 | + | (2) The report required [in] UNDER paragraph (1) of this subsection shall 24 | |
374 | + | include THE FOLLOWING INFORM ATION RELATING TO TH E WORK OF EACH STATE 25 | |
375 | + | AGENCY FOR THE IMMED IATELY PRECEDING 12–MONTH PERIOD : 26 | |
296 | 376 | ||
297 | - | (B) IN ADDITION TO THE EV ALUATION REQUIRED UN DER SUBSECTION (A) 4 | |
298 | - | OF THIS SECTION, THE DEPARTMENT , IN COORDINATION WITH THE MARYLAND 5 | |
299 | - | DEPARTMENT OF HEALTH, MAY CONDUCT A HEALTH IMPACT ASSESSMENT OF THE 6 | |
300 | - | PERMIT. 7 | |
377 | + | (i) Program descriptions and objectives; 27 | |
301 | 378 | ||
302 | - | (C) (1) IN CONDUCTING A CLIMA TE AND EQUITY EVALUA TION OR A 8 | |
303 | - | HEALTH IMPACT ASSESSMENT IN ACCORDANCE WITH THIS SECTION, THE 9 | |
304 | - | DEPARTMENT MAY CONSIDER CUMULATIVE IMPACTS, AS DEFINED IN THE U.S. 10 | |
305 | - | ENVIRONMENTAL PROTECTION AGENCY’S REPORT ON CUMULATIVE IMPACTS 11 | |
306 | - | RESEARCH: RECOMMENDATIONS FOR EPA’S OFFICE OF RESEARCH AND 12 | |
307 | - | DEVELOPMENT . 13 | |
308 | - | ||
309 | - | (2) THE DEPARTMENT SHALL COMP LETE A CLIMATE AND E QUITY 14 | |
310 | - | EVALUATION AND , IF APPLICABLE, A HEALTH IMPACT ASSE SSMENT WITHIN 60 DAYS 15 | |
311 | - | AFTER MAKING A DETER MINATION UNDER SUBSE CTION (A) OF THIS SECTION THAT 16 | |
312 | - | ISSUING AN APPROVAL FOR A NEW PERMIT MAY IMPACT AN UNDERSERVE D 17 | |
313 | - | COMMUNITY OR AN OVER BURDENED COMMUNITY . 18 | |
314 | - | ||
315 | - | (C) IF, BASED ON THE FINDING S OF AN EVALUATION P ERFORMED UNDER 19 | |
316 | - | SUBSECTION (B) OF THIS SECTION, THE DEPARTMENT DETERMINES THAT A PERMIT 20 | |
317 | - | WOULD HAVE A SUBSTAN TIAL IMPACT ON THE H EALTH OF THE SURROUN DING 21 | |
318 | - | COMMUNITY , THE DEPARTMENT MAY : 22 | |
319 | - | ||
320 | - | (1) FOR A PERMIT FOR A NE W POLLUTION SOURCE O R A PERMIT THAT 23 | |
321 | - | ALLOWS FOR AN INCR EASE IN POLLUTION FR OM AN EXISTING POLLU TION SOURCE, 24 | |
322 | - | DENY THE PERMIT OR I MPOSE CONDITIONS IN THE PERMIT TO ADDRES S 25 | |
323 | - | ENVIRONMENTAL JUSTIC E CONCERNS; AND 26 | |
324 | - | ||
325 | - | (2) FOR THE RENEWAL OF AN EXISTING PERMIT THAT WOULD NOT 27 | |
326 | - | RESULT IN AN INCREAS E IN POLLUTION FROM AN EXISTING POLLUTION SOU RCE, 28 | |
327 | - | IMPOSE CONDITIONS IN THE RENEWAL PERMIT T O ADDRESS ENVIRONMEN TAL 29 | |
328 | - | JUSTICE CONCERNS . 30 | |
329 | - | ||
330 | - | 1–7A–03. 31 | |
331 | - | ||
332 | - | (A) THE DEPARTMENT SHALL REGULARLY PROVIDE OP PORTUNITIES FOR 32 | |
333 | - | RESIDENTS OF THE STATE TO OPT IN TO TE XT, PHONE, E–MAIL, OR REGULAR MAIL 33 | |
334 | - | NOTIFICATIONS REGARDI NG ANY FACILITY WITH A PENDING OR FINAL P ERMIT 34 | |
335 | - | APPROVAL IN OR ADJAC ENT TO THE RESIDENT ’S CENSUS TRACT MAINTAIN A 35 8 HOUSE BILL 24 | |
336 | - | ||
337 | - | ||
338 | - | PUBLICLY ACCESSIBLE WEBSITE, PART OF A WEBSITE , OR APPLICATION THAT 1 | |
339 | - | IDENTIFIES PENDING P ERMIT APPLICATIONS W ITH SPECIFIC CENSUS TRACTS. 2 | |
340 | - | ||
341 | - | (B) (1) IF AN APPLICANT IS AP PLYING FOR MORE THAN ONE PERMIT FOR 3 | |
342 | - | THE SAME FACILITY , THE DEPARTMENT SHALL COMP LY WITH THE REQUIREM ENTS 4 | |
343 | - | UNDER § 1–7A–02 OF THIS SUBTITLE ONL Y ONCE UNLESS THE DEPARTMENT 5 | |
344 | - | DETERMINES THAT MORE THAN ONE EVALUATION IS NECESSARY DUE TO THE 6 | |
345 | - | COMPLEXITY OF THE AP PLICATIONS. 7 | |
346 | - | ||
347 | - | (2) PARAGRAPH (1) OF THIS SUBSECTION M AY NOT BE CONSTRUED 8 | |
348 | - | TO LIMIT THE AUTHORI TY OF THE DEPARTMENT TO HOLD OR REQUIRE ADDITIONAL 9 | |
349 | - | PUBLIC HEARINGS FOR A PERMIT. 10 | |
350 | - | ||
351 | - | (C) THE DEPARTMENT MAY DENY O R ALTER A DECISION OR AMEND THE 11 | |
352 | - | CONDITIONS UNDER A P ENDING PERMIT BASED ON THE DEPARTMENT ’S FINDINGS 12 | |
353 | - | UNDER THIS SUBTITLE . 13 | |
354 | - | ||
355 | - | 1–7A–04. 14 | |
356 | - | ||
357 | - | (A) SUBJECT TO SUBSECTION (B) OF THIS SECTION , IN ADDITION TO ANY 15 | |
358 | - | OTHER FEE AUTHORIZED BY LAW OR REGULATION , THE DEPARTMENT MAY CHARGE 16 | |
359 | - | A REASONABLE FEE TO COVER THE DEPARTMENT ’S COSTS ASSOCIATED W ITH THE 17 | |
360 | - | IMPLEMENTATION OF TH IS SUBTITLE, INCLUDING COSTS TO P ROVIDE TECHNICAL 18 | |
361 | - | ASSISTANCE TO PERMIT APPLICANTS AND RESID ENTS OF RELEVANT CEN SUS 19 | |
362 | - | TRACTS AS NEEDED TO COMPLY WITH THIS SUB TITLE. 20 | |
363 | - | ||
364 | - | (B) THE DEPARTMENT SHALL DEPO SIT ANY MONEY FROM F EES THAT 21 | |
365 | - | REMAINS AFTER COVERI NG COSTS IN ACCORDAN CE WITH SUBSECTION (A) OF THIS 22 | |
366 | - | SECTION INTO: 23 | |
367 | - | ||
368 | - | (1) THE MARYLAND CLEAN WATER FUND; 24 | |
369 | - | ||
370 | - | (2) THE MARYLAND CLEAN AIR FUND; OR 25 | |
371 | - | ||
372 | - | (3) THE STATE HAZARDOUS SUBSTANCE CONTROL FUND IN 26 | |
373 | - | ADDITION TO ANY OTHE R FEE AUTHORIZED BY LAW OR REGULATION , THE 27 | |
374 | - | DEPARTMENT MAY CHARGE A REASONABLE FEE TO COVER THE DEPARTMENT ’S 28 | |
375 | - | COSTS ASSOCIATED WIT H THE IMPLEMENTATION OF THIS SUBTITLE , INCLUDING 29 | |
376 | - | THE COSTS TO THE DEPARTMENT TO PROVIDE TECHNICAL AS SISTANCE TO PERMIT 30 | |
377 | - | APPLICANTS AND RESID ENTS OF RELEVANT CEN SUS TRACTS AS NEEDED TO COMPLY 31 | |
378 | - | WITH THIS SUBTITLE . 32 | |
379 | - | ||
380 | - | 1–7A–05. 33 | |
379 | + | (ii) Implementation milestones, whether or not they have been met; 28 | |
381 | 380 | HOUSE BILL 24 9 | |
382 | 381 | ||
383 | 382 | ||
384 | - | THE DEPARTMENT SHALL ADOP T REGULATIONS TO CAR RY OUT THIS 1 | |
385 | - | SUBTITLE. 2 | |
383 | + | (iii) Enhancement opportunities; 1 | |
386 | 384 | ||
387 | - | 2 | |
385 | + | (iv) Funding; 2 | |
388 | 386 | ||
389 | - | ( | |
387 | + | (v) Challenges; 3 | |
390 | 388 | ||
391 | - | (b) (1) Except as provided in § 2–1002(g) of this title, all application fees, 5 | |
392 | - | permit fees, renewal fees, and funds collected by the Department under this title, Title 6, 6 | |
393 | - | Subtitle 4 of this article, or received from the Maryland Strategic Energy Investment Fund 7 | |
394 | - | under § 9–20B–05(g)(3)(iii) of the State Government Article, including any civil or 8 | |
395 | - | administrative penalty or any fine imposed by a court under these provisions, shall be paid 9 | |
396 | - | into the Maryland Clean Air Fund. 10 | |
389 | + | (vi) Estimated greenhouse gas emissions reductions, by program, for 4 | |
390 | + | the prior calendar year; [and] 5 | |
397 | 391 | ||
398 | - | ( | |
399 | - | ||
392 | + | (vii) AGENCY CONTRIBUTIONS OR IMPEDIMENTS TO 6 | |
393 | + | ENVIRONMENTAL JUSTIC E; AND 7 | |
400 | 394 | ||
401 | - | ||
395 | + | (VIII) Any other information that the agency considers relevant. 8 | |
402 | 396 | ||
403 | - | ( | |
404 | - | ||
405 | - | ||
397 | + | (3) EACH STATE AGENCY SHALL MA KE THE REPORT REQUIR ED 9 | |
398 | + | UNDER PARAGRAPH (1) OF THIS SUBSECTION P UBLICLY AVAILABLE ON ITS 10 | |
399 | + | WEBSITE. 11 | |
406 | 400 | ||
407 | - | (2) The review shall include the consideration of: 17 | |
401 | + | (d) Each State agency, when conducting long–term planning, developing policy, 12 | |
402 | + | and drafting regulations, shall take into consideration: 13 | |
408 | 403 | ||
409 | - | (i) Sea level rise; 18 | |
404 | + | (1) The likely climate impact of the agency’s decisions relative to 14 | |
405 | + | Maryland’s greenhouse gas emissions reduction goals; and 15 | |
410 | 406 | ||
411 | - | (ii) Storm surges and flooding; 19 | |
407 | + | (2) The likely impact of the agency’s decisions on disproportionately 16 | |
408 | + | affected communities identified according to the methodology adopted by the Department 17 | |
409 | + | under § 1–702 of this article. 18 | |
412 | 410 | ||
413 | - | ||
411 | + | 7–218. 19 | |
414 | 412 | ||
415 | - | | |
413 | + | There is a State Hazardous Substance Control Fund. 20 | |
416 | 414 | ||
417 | - | (V) WHETHER AGENCY DECISI ONS CONTRIBUTE TO LO CAL 22 | |
418 | - | DETERIORATION OF PUB LIC HEALTH OR INCREA SES IN POLLUTION ASS OCIATED 23 | |
419 | - | WITH HEALTH AND ENVI RONMENTAL BURDENS FO R UNDERSERVED AND 24 | |
420 | - | OVERBURDENED COMMUNI TIES. 25 | |
415 | + | 7–219. 21 | |
421 | 416 | ||
422 | - | (b) Each State agency shall identify and recommend specific policy, planning, 26 | |
423 | - | regulatory, and fiscal changes to existing programs that do not currently support the State’s 27 | |
424 | - | greenhouse gas reduction efforts or address climate change. 28 | |
417 | + | (A) All application and permit fees, renewal fees, transporting vehicle certification 22 | |
418 | + | fees, and all other funds collected by the Department under this subtitle, including any civil 23 | |
419 | + | or administrative penalty or any fine imposed by a court under the provisions of this 24 | |
420 | + | subtitle, shall be paid into the State Hazardous Substance Control Fund. 25 | |
425 | 421 | ||
426 | - | (c) (1) [The] ON OR BEFORE DECEMBER 1 EACH YEAR, THE following State 29 | |
427 | - | agencies shall report [annually] on the status of programs that support the State’s 30 | |
428 | - | greenhouse gas reduction efforts or address climate change TO THE GENERAL 31 10 HOUSE BILL 24 | |
422 | + | (B) THE STATE HAZARDOUS SUBSTANCE CONTROL FUND MAY RECEIVE 26 | |
423 | + | MONEY IN ACCORDANCE WITH § 1–7A–04(B) OF THIS ARTICLE. 27 | |
424 | + | ||
425 | + | 9–320. 28 | |
426 | + | ||
427 | + | (a) There is a Maryland Clean Water Fund. 29 | |
428 | + | 10 HOUSE BILL 24 | |
429 | 429 | ||
430 | 430 | ||
431 | - | ||
432 | - | ||
431 | + | (b) (1) The following payments shall be made into the Maryland Clean Water 1 | |
432 | + | Fund: 2 | |
433 | 433 | ||
434 | - | (i) The Department; 3 | |
434 | + | [(1)] (I) All application fees, permit fees, renewal fees, and funds 3 | |
435 | + | collected by the Department under this subtitle, including any civil or administrative 4 | |
436 | + | penalty or any fine imposed by a court under the provisions of this subtitle; 5 | |
435 | 437 | ||
436 | - | (ii) The Department of Agriculture; 4 | |
438 | + | [(2)] (II) Any civil penalty or any fine imposed by a court under the 6 | |
439 | + | provisions of Title 5, Subtitle 5 of this article relating to water appropriation and use; 7 | |
437 | 440 | ||
438 | - | (iii) The Department of General Services; 5 | |
441 | + | [(3)] (III) Any civil or administrative penalty or any fine imposed by a court 8 | |
442 | + | under the provisions of Title 4, Subtitle 1 of this article; 9 | |
439 | 443 | ||
440 | - | (iv) The Department of Housing and Community Development; 6 | |
444 | + | [(4)] (IV) Any fees or funds that the Department collects under Subtitle 2, 10 | |
445 | + | Part III of this title and §§ 9–269 and 9–270 of this title and any civil or administrative 11 | |
446 | + | penalty or fine imposed by a court under the provisions of Subtitle 2 of this title; and 12 | |
441 | 447 | ||
442 | - | (v) The Department of Natural Resources; 7 | |
448 | + | [(5)] (V) Any fees or funds that the Department collects under Subtitle 24 13 | |
449 | + | of this title and any civil or administrative penalty or fine imposed by a court under the 14 | |
450 | + | provisions of Subtitle 24 of this title. 15 | |
443 | 451 | ||
444 | - | (vi) The Department of Planning; 8 | |
452 | + | (2) THE MARYLAND CLEAN WATER FUND MAY RECEIVE MONE Y IN 16 | |
453 | + | ACCORDANCE WITH § 1–7A–04(B) OF THIS ARTICLE. 17 | |
445 | 454 | ||
446 | - | (vii) The Department of Transportation; 9 | |
447 | - | ||
448 | - | (viii) The Maryland Energy Administration; 10 | |
449 | - | ||
450 | - | (ix) The Maryland Insurance Administration; 11 | |
451 | - | ||
452 | - | (x) The Public Service Commission; and 12 | |
453 | - | ||
454 | - | (xi) The University of Maryland Center for Environmental Science. 13 | |
455 | - | ||
456 | - | (2) The report required [in] UNDER paragraph (1) of this subsection shall 14 | |
457 | - | include THE FOLLOWING INFORM ATION RELATING TO TH E WORK OF EACH STATE 15 | |
458 | - | AGENCY FOR THE IMMED IATELY PRECEDING 12–MONTH PERIOD : 16 | |
459 | - | ||
460 | - | (i) Program descriptions and objectives; 17 | |
461 | - | ||
462 | - | (ii) Implementation milestones, whether or not they have been met; 18 | |
463 | - | ||
464 | - | (iii) Enhancement opportunities; 19 | |
465 | - | ||
466 | - | (iv) Funding; 20 | |
467 | - | ||
468 | - | (v) Challenges; 21 | |
469 | - | ||
470 | - | (vi) Estimated greenhouse gas emissions reductions, by program, for 22 | |
471 | - | the prior calendar year; [and] 23 | |
472 | - | ||
473 | - | (vii) AGENCY CONTRIBUTIONS OR IMPEDIMENTS TO 24 | |
474 | - | ENVIRONMENTAL JUSTIC E; AND 25 | |
475 | - | ||
476 | - | (VIII) Any other information that the agency considers relevant. 26 HOUSE BILL 24 11 | |
477 | - | ||
478 | - | ||
479 | - | ||
480 | - | (3) EACH STATE AGENCY SHALL MAKE TH E REPORT REQUIRED 1 | |
481 | - | UNDER PARAGRAPH (1) OF THIS SUBSECTION P UBLICLY AVAILABLE ON ITS 2 | |
482 | - | WEBSITE. 3 | |
483 | - | ||
484 | - | (d) Each State agency, when conducting long–term planning, developing policy, 4 | |
485 | - | and drafting regulations, shall take into consideration: 5 | |
486 | - | ||
487 | - | (1) The likely climate impact of the agency’s decisions relative to 6 | |
488 | - | Maryland’s greenhouse gas emissions reduction goals; and 7 | |
489 | - | ||
490 | - | (2) The likely impact of the agency’s decisions on disproportionately 8 | |
491 | - | affected communities identified according to the methodology adopted by the Department 9 | |
492 | - | under § 1–702 of this article. 10 | |
493 | - | ||
494 | - | 7–218. 11 | |
495 | - | ||
496 | - | There is a State Hazardous Substance Control Fund. 12 | |
497 | - | ||
498 | - | 7–219. 13 | |
499 | - | ||
500 | - | (A) All application and permit fees, renewal fees, transporting vehicle certification 14 | |
501 | - | fees, and all other funds collected by the Department under this subtitle, including any civil 15 | |
502 | - | or administrative penalty or any fine imposed by a court under the provisions of this 16 | |
503 | - | subtitle, shall be paid into the State Hazardous Substance Control Fund. 17 | |
504 | - | ||
505 | - | (B) THE STATE HAZARDOUS SUBSTANCE CONTROL FUND MAY RECEIVE 18 | |
506 | - | MONEY IN ACCORDANCE WITH § 1–7A–04(B) OF THIS ARTICLE. 19 | |
507 | - | ||
508 | - | 9–320. 20 | |
509 | - | ||
510 | - | (a) There is a Maryland Clean Water Fund. 21 | |
511 | - | ||
512 | - | (b) (1) The following payments shall be made into the Maryland Clean Water 22 | |
513 | - | Fund: 23 | |
514 | - | ||
515 | - | [(1)] (I) All application fees, permit fees, renewal fees, and funds 24 | |
516 | - | collected by the Department under this subtitle, including any civil or administrative 25 | |
517 | - | penalty or any fine imposed by a court under the provisions of this subtitle; 26 | |
518 | - | ||
519 | - | [(2)] (II) Any civil penalty or any fine imposed by a court under the 27 | |
520 | - | provisions of Title 5, Subtitle 5 of this article relating to water appropriation and use; 28 | |
521 | - | ||
522 | - | [(3)] (III) Any civil or administrative penalty or any fine imposed by a court 29 | |
523 | - | under the provisions of Title 4, Subtitle 1 of this article; 30 | |
524 | - | 12 HOUSE BILL 24 | |
525 | - | ||
526 | - | ||
527 | - | [(4)] (IV) Any fees or funds that the Department collects under Subtitle 2, 1 | |
528 | - | Part III of this title and §§ 9–269 and 9–270 of this title and any civil or administrative 2 | |
529 | - | penalty or fine imposed by a court under the provisions of Subtitle 2 of this title; and 3 | |
530 | - | ||
531 | - | [(5)] (V) Any fees or funds that the Department collects under Subtitle 24 4 | |
532 | - | of this title and any civil or administrative penalty or fine imposed by a court under the 5 | |
533 | - | provisions of Subtitle 24 of this title. 6 | |
534 | - | ||
535 | - | (2) THE MARYLAND CLEAN WATER FUND MAY RECEIVE MON EY IN 7 | |
536 | - | ACCORDANCE WITH § 1–7A–04(B) OF THIS ARTICLE. 8 | |
537 | - | ||
538 | - | SECTION 2. AND BE IT FURTHER ENACTED, That: 9 | |
539 | - | ||
540 | - | (a) In accordance with subsection (b) of this section, in initially developing 10 | |
541 | - | regulations under § 1–7A–05 of the Environment Article, as enacted by Section 1 of this 11 | |
542 | - | Act, the Department of the Environment shall consult with stakeholders from the regulated 12 | |
543 | - | community, local governments, underserved and overburdened communities, public health 13 | |
544 | - | experts, and environmental justice advocacy groups. 14 | |
545 | - | ||
546 | - | (b) The Department shall consult with the stakeholders on the following issues: 15 | |
547 | - | ||
548 | - | (1) the scope and parameters of the environmental justice evaluation 16 | |
549 | - | required under § 1–7A–02 of the Environment Article, as enacted by Section 1 of this Act; 17 | |
550 | - | ||
551 | - | (2) the applicability of any fee established under § 1–7A–04 of the 18 | |
552 | - | Environment Article, as enacted by Section 1 of this Act, including any limits on the types 19 | |
553 | - | of technical assistance subject to the fee and any potential maximum cap on the fee; 20 | |
554 | - | ||
555 | - | (3) the potential types of conditions that could be placed on permits subject 21 | |
556 | - | to the provisions of this Act; 22 | |
557 | - | ||
558 | - | (4) mitigating and aggravating factors that could assist in determining 23 | |
559 | - | when the Department may place a condition on a permit, or deny a permit under the 24 | |
560 | - | provisions of this Act, including: 25 | |
561 | - | ||
562 | - | (i) whether the facility is considered vital public infrastructure; 26 | |
563 | - | ||
564 | - | (ii) the past history of violations of a permitted facility and the 27 | |
565 | - | willingness of the permit holder to address those violations; and 28 | |
566 | - | ||
567 | - | (iii) the financial impact on the permitted facility and the economic 29 | |
568 | - | opportunity the permitted facility would provide to the affected neighborhood; and 30 | |
569 | - | ||
570 | - | (5) how the Department can integrate environmental justice 31 | |
571 | - | considerations into general permits included under the definition of “permit” under § 32 | |
572 | - | 1–7A–01 of the Environment Article, as enacted by Section 1 of this Act, during their next 33 | |
573 | - | permit renewal period. 34 HOUSE BILL 24 13 | |
574 | - | ||
575 | - | ||
576 | - | ||
577 | - | SECTION 3. AND BE IT FURTHER ENACTED, That the Department of the 1 | |
578 | - | Environment shall consider methods to improve outreach and notice effectiveness to 2 | |
579 | - | underserved and overburdened communities regarding informational meetings and public 3 | |
580 | - | hearings and comment for tentative determinations for permits. 4 | |
581 | - | ||
582 | - | SECTION 2. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 5 | |
583 | - | October 1, 2024. 6 | |
584 | - | ||
585 | - | ||
586 | - | ||
587 | - | ||
588 | - | Approved: | |
589 | - | ________________________________________________________________________________ | |
590 | - | Governor. | |
591 | - | ________________________________________________________________________________ | |
592 | - | Speaker of the House of Delegates. | |
593 | - | ________________________________________________________________________________ | |
594 | - | President of the Senate. | |
455 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 18 | |
456 | + | October 1, 2024. 19 |