EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING 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.
*hb0024*
HOUSE BILL 24
M3 4lr0810
HB 840/23 – ENT & ECM (PRE–FILED) CF SB 96
By: Delegate Boyce Delegates Boyce, Addison, Allen, Foley, Healey, Lehman,
J. Long, Love, and Stein
Requested: October 3, 2023
Introduced and read first time: January 10, 2024
Assigned to: Environment and Transportation and Economic Matters
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 7, 2024
CHAPTER ______
AN ACT concerning 1
Environment – Impact of Environmental Permits and State Agency Actions 2
Department of the Environment – Environmental Justice Evaluation of 3
Environmental Permit Applications 4
FOR the purpose of requiring the Department of the Environment to conduct a certain 5
evaluation regarding the impact of issuing an approval for certain environmental 6
permits; requiring the Department to provide opportunities for certain 7
communication with certain residents in a certain manner; requiring the 8
Department to deposit certain money in certain funds under certain circumstances; 9
altering certain reporting requirements for certain State agencies; and generally 10
relating to the impact of actions on climate and environmental justice and equity 11
perform a certain environmental justice evaluation of certain environmental permit 12
applications under certain circumstances; authorizing the Department to take 13
certain actions on certain environmental permit applications based on certain 14
findings to address environmental justice concerns; requiring the Department to 15
maintain a publicly accessible website, part of a website, or application that 16
identifies pending permit applications in a certain manner; authorizing the 17
Department to charge a certain fee to cover certain costs; requiring the Department 18
to consult with certain stakeholders regarding certain environmental justice 19
evaluations of certain permit applications and to make certain considerations for 20
improving public outreach and notice regarding certain permit determinations; and 21
generally relating to environmental justice and environmental permits. 22
2 HOUSE BILL 24
BY repealing and reenacting, without amendments, 1
Article – Environment 2
Section 1–601(a), 1–701(a)(1), (5), (7), and (8), 1–702(b), 2–107(a), and 7–218 3
Section 1–601(a), 1–601.1, and 1–701(a)(1) and (5) 4
Annotated Code of Maryland 5
(2013 Replacement Volume and 2023 Supplement) 6
BY repealing and reenacting, with amendments, 7
Article – Environment 8
Section 1–702(a), 2–107(b), 2–1305, and 7–219 9
Annotated Code of Maryland 10
(2013 Replacement Volume and 2023 Supplement) 11
BY adding to 12
Article – Environment 13
Section 1–7A–01 through 1–7A–05 to be under the new subtitle “Subtitle 7A. Impact 14
of Environmental Permits on Climate and Environmental Equity 15
Environmental Justice Evaluation of Environmental Permit Applications” 16
Annotated Code of Maryland 17
(2013 Replacement Volume and 2023 Supplement) 18
BY repealing and reenacting, without amendments, 19
Article – Environment 20
Section 9–320(a) 21
Annotated Code of Maryland 22
(2014 Replacement Volume and 2023 Supplement) 23
BY repealing and reenacting, with amendments, 24
Article – Environment 25
Section 9–320(b) 26
Annotated Code of Maryland 27
(2014 Replacement Volume and 2023 Supplement) 28
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMB LY OF MARYLAND, 29
That the Laws of Maryland read as follows: 30
Article – Environment 31
1–601. 32
(a) Permits issued by the Department under the following sections shall be issued 33
in accordance with this subtitle: 34
(1) Air quality control permits to construct subject to § 2–404 of this article; 35
(2) Permits to install, materially alter, or materially extend landfill 36
systems, incinerators for public use, or rubble landfills subject to § 9–209 of this article; 37 HOUSE BILL 24 3
(3) Permits to discharge pollutants to waters of the State issued pursuant 1
to § 9–323 of this article; 2
(4) Permits to install, materially alter, or materially extend a structure 3
used for storage or distribution of any type of sewage sludge issued, renewed, or amended 4
pursuant to § 9–234.1 or § 9–238 of this article; 5
(5) Permits to own, operate, establish, or maintain a controlled hazardous 6
substance facility issued pursuant to § 7–232 of this article; 7
(6) Permits to own, operate, or maintain a hazardous material facility 8
issued pursuant to § 7–103 of this article; 9
(7) Permits to own, operate, establish, or maintain a low–level nuclear 10
waste facility issued pursuant to § 7–233 of this article; and 11
(8) Potable reuse permits issued in accordance with § 9–303.2 of this 12
article. 13
1–601.1. 14
(a) A person applying for a permit listed under § 1–601(a) of this subtitle shall 15
include in the permit application the EJ Score from the Maryland EJ tool for the census 16
tract where the applicant is seeking a permit, unless the permit requires the applicant to 17
use a tool developed by the U.S. Environmental Protection Agency. 18
(b) On receiving an application for a permit listed under § 1–601(a) of this 19
subtitle, the Department shall, in accordance with regulations adopted under this section, 20
review the EJ Score for the census tract where the applicant is seeking a permit using the 21
Maryland EJ tool to verify the applicant’s information. 22
(c) The Department shall adopt regulations to implement this section. 23
1–701. 24
(a) (1) In this section the following words have the meanings indicated. 25
(5) “Environmental justice” means equal protection from environmental 26
and public health hazards for all people regardless of race, income, culture, and social 27
status. 28
(7) “Overburdened community” means any census tract for which three or 29
more of the following environmental health indicators are above the 75th percentile 30
statewide: 31
(i) Particulate matter (PM) 2.5; 32 4 HOUSE BILL 24
(ii) Ozone; 1
(iii) National Air Toxics Assessment (NATA) diesel PM; 2
(iv) NATA cancer risk; 3
(v) NATA respiratory hazard index; 4
(vi) Traffic proximity; 5
(vii) Lead paint indicator; 6
(viii) National Priorities List Superfund site proximity; 7
(ix) Risk Management Plan facility proximity; 8
(x) Hazardous waste proximity; 9
(xi) Wastewater discharge indicator; 10
(xii) Proximity to a Concentrated Animal Feeding Operation (CAFO); 11
(xiii) Percent of the population lacking broadband coverage; 12
(xiv) Asthma emergency room discharges; 13
(xv) Myocardial infarction discharges; 14
(xvi) Low–birth–weight infants; 15
(xvii) Proximity to emitting power plants; 16
(xviii) Proximity to a Toxic Release Inventory (TRI) facility; 17
(xix) Proximity to a brownfields site; 18
(xx) Proximity to mining operations; and 19
(xxi) Proximity to a hazardous waste landfill. 20
(8) “Underserved community” means any census tract in which, according 21
to the most recent U.S. Census Bureau Survey: 22
(i) At least 25% of the residents qualify as low–income; 23
(ii) At least 50% of the residents identify as nonwhite; or 24 HOUSE BILL 24 5
(iii) At least 15% of the residents have limited English proficiency. 1
1–702. 2
(a) On or before December 31, [2023] 2024, the Department, in consultation with 3
the Commission on Environmental Justice and Sustainable Communities, shall: 4
(1) Subject to subsection (b) of this section, adopt a methodology for 5
identifying communities disproportionately affected by climate impacts; 6
(2) Develop specific strategies to address geographical impact concerns, 7
reduce emissions of greenhouse gases and co–pollutants, and build climate equity and 8
resilience within communities disproportionately affected by climate impacts; 9
(3) Set appropriate goals for the percentage of State funding for greenhouse 10
gas emission reduction measures that should be used for the benefit of disproportionately 11
affected communities; and 12
(4) Report to the Maryland Commission on Climate Change and, in 13
accordance with § 2–1257 of the State Government Article, the General Assembly on the 14
policies and programs developed under this subsection. 15
(b) In evaluating methodologies under subsection (a)(1) of this section, the 16
Department shall, at a minimum, include: 17
(1) Underserved communities; 18
(2) Overburdened communities; and 19
(3) Areas that are vulnerable to climate impacts, such as flooding, storm 20
surges, and urban heat island effects, due to low levels of tree coverage, high levels of 21
impervious surfaces, or other factors. 22
SUBTITLE 7A. IMPACT OF ENVIRONMENTAL PERMITS ON CLIMATE AND 23
ENVIRONMENTAL EQUITY ENVIRONMENTAL JUSTICE EVALUATION OF 24
ENVIRONMENTAL PERMIT APPLICATIONS. 25
1–7A–01. 26
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 27
INDICATED. 28
(B) “APPLICANT” MEANS A PERSON APPLY ING FOR A PERMIT LIS TED 29
UNDER § 1–601(A) OF THIS TITLE. 30
6 HOUSE BILL 24
(C) “DISCHARGE PERMIT ” HAS THE MEANING STAT ED IN § 9–301 OF THIS 1
ARTICLE. 2
(C) (D) “ENVIRONMENTAL JUSTICE ” HAS THE MEANING STAT ED IN § 3
1–701 OF THIS TITLE. 4
(D) “OVERBURDENED COMMUNIT Y” HAS THE MEANING STAT ED IN § 1–701 5
OF THIS TITLE. 6
(E) (1) “PERMIT” MEANS A PERMIT LISTE D UNDER § 1–601(A) OF THIS 7
TITLE. 8
(2) “PERMIT” DOES NOT INCLUDE : 9
(I) A GENERAL DISCHARGE PE RMIT FOR RESIDENTIAL OR 10
COMMERCIAL CONSTRUCT ION; OR 11
(II) A GENERAL DISCHARGE PE RMIT TO CONSTRUCT AN 12
ELECTRICITY SUBSTATI ON. 13
(F) “UNDERSERVED COMMUNITY ” HAS THE MEANING STAT ED IN § 1–701 OF 14
THIS TITLE. 15
1–7A–02. 16
(A) THIS SECTION APPLIES TO A PERMIT APPLICAT ION, OTHER THAN A 17
GENERAL PERMIT APPLI CATION, RECEIVED BY THE DEPARTMENT ON OR AFTE R 18
OCTOBER 1, 2024. 19
(A) (1) (B) IF, AFTER REVIEWING AN EJ SCORE IN ACCORDANCE W ITH 20
§ 1–601.1(B) OF THIS TITLE, THE DEPARTMENT DETERMINES THAT ISSUING AN 21
APPROVAL FOR A NEW P ERMIT MAY IMPACT AN UNDERSERVED COMMUNIT Y OR AN 22
OVERBURDENED COMMUNI TY, THE DEPARTMENT SHALL COND UCT A CLIMATE AND 23
ENVIRONMENTAL EQUITY EVALUATION OF THE PE RMIT THE EJ SCORE IS ABOVE 24
THE 75TH PERCENTILE STATEW IDE, THE DEPARTMENT SHALL PERF ORM AN 25
ADDITIONAL ENVIRONME NTAL JUSTICE EVALUAT ION OF THE PERMIT AP PLICATION. 26
(2) THE CLIMATE AND ENVIR ONMENTAL EQUITY EVAL UATION 27
REQUIRED UNDER THIS SECTION SHALL INCLUD E AN ANALYSIS OF: 28
(I) EXISTING ENVIRONMENTA L AND CLIMATE DATA 29
REGARDING THE AFFECTED COMMUNI TY, INCLUDING MONITORING , MODELING, OR 30
ANY OTHER DATA DEEMED APPROPRI ATE; 31
HOUSE BILL 24 7
(II) THE APPLICANT FACILIT Y’S COMPLIANCE RECORD; AND 1
(III) POTENTIAL METHODS TO MINIMIZE OR MITIGATE 2
POTENTIAL ADVERSE EFFECTS IN T HE AFFECTED COMMUNIT Y. 3
(B) IN ADDITION TO THE EV ALUATION REQUIRED UN DER SUBSECTION (A) 4
OF THIS SECTION, THE DEPARTMENT , IN COORDINATION WITH THE MARYLAND 5
DEPARTMENT OF HEALTH, MAY CONDUCT A HEALTH IMPACT ASSESSMENT OF THE 6
PERMIT. 7
(C) (1) IN CONDUCTING A CLIMA TE AND EQUITY EVALUA TION OR A 8
HEALTH IMPACT ASSESSMENT IN ACCORDANCE WITH THIS SECTION, THE 9
DEPARTMENT MAY CONSIDER CUMULATIVE IMPACTS, AS DEFINED IN THE U.S. 10
ENVIRONMENTAL PROTECTION AGENCY’S REPORT ON CUMULATIVE IMPACTS 11
RESEARCH: RECOMMENDATIONS FOR EPA’S OFFICE OF RESEARCH AND 12
DEVELOPMENT . 13
(2) THE DEPARTMENT SHALL COMP LETE A CLIMATE AND E QUITY 14
EVALUATION AND , IF APPLICABLE, A HEALTH IMPACT ASSE SSMENT WITHIN 60 DAYS 15
AFTER MAKING A DETER MINATION UNDER SUBSE CTION (A) OF THIS SECTION THAT 16
ISSUING AN APPROVAL FOR A NEW PERMIT MAY IMPACT AN UNDERSERVE D 17
COMMUNITY OR AN OVER BURDENED COMMUNITY . 18
(C) IF, BASED ON THE FINDING S OF AN EVALUATION P ERFORMED UNDER 19
SUBSECTION (B) OF THIS SECTION, THE DEPARTMENT DETERMINES THAT A PERMIT 20
WOULD HAVE A SUBSTAN TIAL IMPACT ON THE H EALTH OF THE SURROUN DING 21
COMMUNITY , THE DEPARTMENT MAY : 22
(1) FOR A PERMIT FOR A NE W POLLUTION SOURCE O R A PERMIT THAT 23
ALLOWS FOR AN INCR EASE IN POLLUTION FR OM AN EXISTING POLLU TION SOURCE, 24
DENY THE PERMIT OR I MPOSE CONDITIONS IN THE PERMIT TO ADDRES S 25
ENVIRONMENTAL JUSTIC E CONCERNS; AND 26
(2) FOR THE RENEWAL OF AN EXISTING PERMIT THAT WOULD NOT 27
RESULT IN AN INCREAS E IN POLLUTION FROM AN EXISTING POLLUTION SOU RCE, 28
IMPOSE CONDITIONS IN THE RENEWAL PERMIT T O ADDRESS ENVIRONMEN TAL 29
JUSTICE CONCERNS . 30
1–7A–03. 31
(A) THE DEPARTMENT SHALL REGULARLY PROVIDE OP PORTUNITIES FOR 32
RESIDENTS OF THE STATE TO OPT IN TO TE XT, PHONE, E–MAIL, OR REGULAR MAIL 33
NOTIFICATIONS REGARDI NG ANY FACILITY WITH A PENDING OR FINAL P ERMIT 34
APPROVAL IN OR ADJAC ENT TO THE RESIDENT ’S CENSUS TRACT MAINTAIN A 35 8 HOUSE BILL 24
PUBLICLY ACCESSIBLE WEBSITE, PART OF A WEBSITE , OR APPLICATION THAT 1
IDENTIFIES PENDING P ERMIT APPLICATIONS W ITH SPECIFIC CENSUS TRACTS. 2
(B) (1) IF AN APPLICANT IS AP PLYING FOR MORE THAN ONE PERMIT FOR 3
THE SAME FACILITY , THE DEPARTMENT SHALL COMP LY WITH THE REQUIREM ENTS 4
UNDER § 1–7A–02 OF THIS SUBTITLE ONL Y ONCE UNLESS THE DEPARTMENT 5
DETERMINES THAT MORE THAN ONE EVALUATION IS NECESSARY DUE TO THE 6
COMPLEXITY OF THE AP PLICATIONS. 7
(2) PARAGRAPH (1) OF THIS SUBSECTION M AY NOT BE CONSTRUED 8
TO LIMIT THE AUTHORI TY OF THE DEPARTMENT TO HOLD OR REQUIRE ADDITIONAL 9
PUBLIC HEARINGS FOR A PERMIT. 10
(C) THE DEPARTMENT MAY DENY O R ALTER A DECISION OR AMEND THE 11
CONDITIONS UNDER A P ENDING PERMIT BASED ON THE DEPARTMENT ’S FINDINGS 12
UNDER THIS SUBTITLE . 13
1–7A–04. 14
(A) SUBJECT TO SUBSECTION (B) OF THIS SECTION , IN ADDITION TO ANY 15
OTHER FEE AUTHORIZED BY LAW OR REGULATION , THE DEPARTMENT MAY CHARGE 16
A REASONABLE FEE TO COVER THE DEPARTMENT ’S COSTS ASSOCIATED W ITH THE 17
IMPLEMENTATION OF TH IS SUBTITLE, INCLUDING COSTS TO P ROVIDE TECHNICAL 18
ASSISTANCE TO PERMIT APPLICANTS AND RESID ENTS OF RELEVANT CEN SUS 19
TRACTS AS NEEDED TO COMPLY WITH THIS SUB TITLE. 20
(B) THE DEPARTMENT SHALL DEPO SIT ANY MONEY FROM F EES THAT 21
REMAINS AFTER COVERI NG COSTS IN ACCORDAN CE WITH SUBSECTION (A) OF THIS 22
SECTION INTO: 23
(1) THE MARYLAND CLEAN WATER FUND; 24
(2) THE MARYLAND CLEAN AIR FUND; OR 25
(3) THE STATE HAZARDOUS SUBSTANCE CONTROL FUND IN 26
ADDITION TO ANY OTHE R FEE AUTHORIZED BY LAW OR REGULATION , THE 27
DEPARTMENT MAY CHARGE A REASONABLE FEE TO COVER THE DEPARTMENT ’S 28
COSTS ASSOCIATED WIT H THE IMPLEMENTATION OF THIS SUBTITLE , INCLUDING 29
THE COSTS TO THE DEPARTMENT TO PROVIDE TECHNICAL AS SISTANCE TO PERMIT 30
APPLICANTS AND RESID ENTS OF RELEVANT CEN SUS TRACTS AS NEEDED TO COMPLY 31
WITH THIS SUBTITLE . 32
1–7A–05. 33
HOUSE BILL 24 9
THE DEPARTMENT SHALL ADOP T REGULATIONS TO CAR RY OUT THIS 1
SUBTITLE. 2
2–107. 3
(a) There is a Maryland Clean Air Fund. 4
(b) (1) Except as provided in § 2–1002(g) of this title, all application fees, 5
permit fees, renewal fees, and funds collected by the Department under this title, Title 6, 6
Subtitle 4 of this article, or received from the Maryland Strategic Energy Investment Fund 7
under § 9–20B–05(g)(3)(iii) of the State Government Article, including any civil or 8
administrative penalty or any fine imposed by a court under these provisions, shall be paid 9
into the Maryland Clean Air Fund. 10
(2) THE MARYLAND CLEAN AIR FUND MAY RECEIVE MONEY IN 11
ACCORDANCE WITH § 1–7A–04(B) OF THIS ARTICLE. 12
2–1305. 13
(a) (1) Each State agency shall review its planning, regulatory, and fiscal 14
programs to identify and recommend actions to more fully integrate the consideration of 15
Maryland’s greenhouse gas reduction goal and the impacts of climate change. 16
(2) The review shall include the consideration of: 17
(i) Sea level rise; 18
(ii) Storm surges and flooding; 19
(iii) Increased precipitation and temperature; [and] 20
(iv) Extreme weather events; AND 21
(V) WHETHER AGENCY DECISI ONS CONTRIBUTE TO LO CAL 22
DETERIORATION OF PUB LIC HEALTH OR INCREA SES IN POLLUTION ASS OCIATED 23
WITH HEALTH AND ENVI RONMENTAL BURDENS FO R UNDERSERVED AND 24
OVERBURDENED COMMUNI TIES. 25
(b) Each State agency shall identify and recommend specific policy, planning, 26
regulatory, and fiscal changes to existing programs that do not currently support the State’s 27
greenhouse gas reduction efforts or address climate change. 28
(c) (1) [The] ON OR BEFORE DECEMBER 1 EACH YEAR, THE following State 29
agencies shall report [annually] on the status of programs that support the State’s 30
greenhouse gas reduction efforts or address climate change TO THE GENERAL 31 10 HOUSE BILL 24
ASSEMBLY, in accordance with § 2–1257 of the State Government Article, AND to the 1
Commission and the Governor: 2
(i) The Department; 3
(ii) The Department of Agriculture; 4
(iii) The Department of General Services; 5
(iv) The Department of Housing and Community Development; 6
(v) The Department of Natural Resources; 7
(vi) The Department of Planning; 8
(vii) The Department of Transportation; 9
(viii) The Maryland Energy Administration; 10
(ix) The Maryland Insurance Administration; 11
(x) The Public Service Commission; and 12
(xi) The University of Maryland Center for Environmental Science. 13
(2) The report required [in] UNDER paragraph (1) of this subsection shall 14
include THE FOLLOWING INFORM ATION RELATING TO TH E WORK OF EACH STATE 15
AGENCY FOR THE IMMED IATELY PRECEDING 12–MONTH PERIOD : 16
(i) Program descriptions and objectives; 17
(ii) Implementation milestones, whether or not they have been met; 18
(iii) Enhancement opportunities; 19
(iv) Funding; 20
(v) Challenges; 21
(vi) Estimated greenhouse gas emissions reductions, by program, for 22
the prior calendar year; [and] 23
(vii) AGENCY CONTRIBUTIONS OR IMPEDIMENTS TO 24
ENVIRONMENTAL JUSTIC E; AND 25
(VIII) Any other information that the agency considers relevant. 26 HOUSE BILL 24 11
(3) EACH STATE AGENCY SHALL MAKE TH E REPORT REQUIRED 1
UNDER PARAGRAPH (1) OF THIS SUBSECTION P UBLICLY AVAILABLE ON ITS 2
WEBSITE. 3
(d) Each State agency, when conducting long–term planning, developing policy, 4
and drafting regulations, shall take into consideration: 5
(1) The likely climate impact of the agency’s decisions relative to 6
Maryland’s greenhouse gas emissions reduction goals; and 7
(2) The likely impact of the agency’s decisions on disproportionately 8
affected communities identified according to the methodology adopted by the Department 9
under § 1–702 of this article. 10
7–218. 11
There is a State Hazardous Substance Control Fund. 12
7–219. 13
(A) All application and permit fees, renewal fees, transporting vehicle certification 14
fees, and all other funds collected by the Department under this subtitle, including any civil 15
or administrative penalty or any fine imposed by a court under the provisions of this 16
subtitle, shall be paid into the State Hazardous Substance Control Fund. 17
(B) THE STATE HAZARDOUS SUBSTANCE CONTROL FUND MAY RECEIVE 18
MONEY IN ACCORDANCE WITH § 1–7A–04(B) OF THIS ARTICLE. 19
9–320. 20
(a) There is a Maryland Clean Water Fund. 21
(b) (1) The following payments shall be made into the Maryland Clean Water 22
Fund: 23
[(1)] (I) All application fees, permit fees, renewal fees, and funds 24
collected by the Department under this subtitle, including any civil or administrative 25
penalty or any fine imposed by a court under the provisions of this subtitle; 26
[(2)] (II) Any civil penalty or any fine imposed by a court under the 27
provisions of Title 5, Subtitle 5 of this article relating to water appropriation and use; 28
[(3)] (III) Any civil or administrative penalty or any fine imposed by a court 29
under the provisions of Title 4, Subtitle 1 of this article; 30
12 HOUSE BILL 24
[(4)] (IV) Any fees or funds that the Department collects under Subtitle 2, 1
Part III of this title and §§ 9–269 and 9–270 of this title and any civil or administrative 2
penalty or fine imposed by a court under the provisions of Subtitle 2 of this title; and 3
[(5)] (V) Any fees or funds that the Department collects under Subtitle 24 4
of this title and any civil or administrative penalty or fine imposed by a court under the 5
provisions of Subtitle 24 of this title. 6
(2) THE MARYLAND CLEAN WATER FUND MAY RECEIVE MON EY IN 7
ACCORDANCE WITH § 1–7A–04(B) OF THIS ARTICLE. 8
SECTION 2. AND BE IT FURTHER ENACTED, That: 9
(a) In accordance with subsection (b) of this section, in initially developing 10
regulations under § 1–7A–05 of the Environment Article, as enacted by Section 1 of this 11
Act, the Department of the Environment shall consult with stakeholders from the regulated 12
community, local governments, underserved and overburdened communities, public health 13
experts, and environmental justice advocacy groups. 14
(b) The Department shall consult with the stakeholders on the following issues: 15
(1) the scope and parameters of the environmental justice evaluation 16
required under § 1–7A–02 of the Environment Article, as enacted by Section 1 of this Act; 17
(2) the applicability of any fee established under § 1–7A–04 of the 18
Environment Article, as enacted by Section 1 of this Act, including any limits on the types 19
of technical assistance subject to the fee and any potential maximum cap on the fee; 20
(3) the potential types of conditions that could be placed on permits subject 21
to the provisions of this Act; 22
(4) mitigating and aggravating factors that could assist in determining 23
when the Department may place a condition on a permit, or deny a permit under the 24
provisions of this Act, including: 25
(i) whether the facility is considered vital public infrastructure; 26
(ii) the past history of violations of a permitted facility and the 27
willingness of the permit holder to address those violations; and 28
(iii) the financial impact on the permitted facility and the economic 29
opportunity the permitted facility would provide to the affected neighborhood; and 30
(5) how the Department can integrate environmental justice 31
considerations into general permits included under the definition of “permit” under § 32
1–7A–01 of the Environment Article, as enacted by Section 1 of this Act, during their next 33
permit renewal period. 34 HOUSE BILL 24 13
SECTION 3. AND BE IT FURTHER ENACTED, That the Department of the 1
Environment shall consider methods to improve outreach and notice effectiveness to 2
underserved and overburdened communities regarding informational meetings and public 3
hearings and comment for tentative determinations for permits. 4
SECTION 2. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 5
October 1, 2024. 6
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.