EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0842*
HOUSE BILL 842
M3, C8 4lr0465
By: Delegates Taveras, Holmes, and Kaufman
Introduced and read first time: January 31, 2024
Assigned to: Appropriations and Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Environmental Justice – Investment in Infrastructure Construction Projects 2
FOR the purpose of requiring a State agency, in administering certain federal funds, to 3
allocate a certain percentage of those funds to certain infrastructure construction 4
projects in overburdened communities, underserved communities, communities of 5
color, and communities with a high percentage of low– to moderate–income 6
households in the State; requiring a State agency, in coordination with the Justice40 7
Committee established under this Act, to identify overburdened communities, 8
underserved communities, communities of color, and communities with a high 9
percentage of low– to moderate–income households in the State and conduct 10
listening sessions in certain areas of the State for certain purposes; restricting, under 11
certain conditions, the allocation or use of certain federal funds for an infrastructure 12
construction project that will cost in excess of a certain amount; and generally 13
relating to the investment in infrastructure construction projects in overburdened 14
communities, underserved communities, communities of color, and communities 15
with a high percentage of low– to moderate–income households. 16
BY repealing and reenacting, without amendments, 17
Article – Environment 18
Section 1–701(a)(1), (4), (5), (7), and (8) 19
Annotated Code of Maryland 20
(2013 Replacement Volume and 2023 Supplement) 21
BY adding to 22
Article – Environment 23
Section 1–703 24
Annotated Code of Maryland 25
(2013 Replacement Volume and 2023 Supplement) 26
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 27
That the Laws of Maryland read as follows: 28 2 HOUSE BILL 842
Article – Environment 1
1–701. 2
(a) (1) In this section the following words have the meanings indicated. 3
(4) “Community listening session” means a public convening to gather 4
information and input from community members. 5
(5) “Environmental justice” means equal protection from environmental 6
and public health hazards for all people regardless of race, income, culture, and social 7
status. 8
(7) “Overburdened community” means any census tract for which three or 9
more of the following environmental health indicators are above the 75th percentile 10
statewide: 11
(i) Particulate matter (PM) 2.5; 12
(ii) Ozone; 13
(iii) National Air Toxics Assessment (NATA) diesel PM; 14
(iv) NATA cancer risk; 15
(v) NATA respiratory hazard index; 16
(vi) Traffic proximity; 17
(vii) Lead paint indicator; 18
(viii) National Priorities List Superfund site proximity; 19
(ix) Risk Management Plan facility proximity; 20
(x) Hazardous waste proximity; 21
(xi) Wastewater discharge indicator; 22
(xii) Proximity to a Concentrated Animal Feeding Operation (CAFO); 23
(xiii) Percent of the population lacking broadband coverage; 24
(xiv) Asthma emergency room discharges; 25
(xv) Myocardial infarction discharges; 26 HOUSE BILL 842 3
(xvi) Low–birth–weight infants; 1
(xvii) Proximity to emitting power plants; 2
(xviii) Proximity to a Toxic Release Inventory (TRI) facility; 3
(xix) Proximity to a brownfields site; 4
(xx) Proximity to mining operations; and 5
(xxi) Proximity to a hazardous waste landfill. 6
(8) “Underserved community” means any census tract in which, according 7
to the most recent U.S. Census Bureau Survey: 8
(i) At least 25% of the residents qualify as low–income; 9
(ii) At least 50% of the residents identify as nonwhite; or 10
(iii) At least 15% of the residents have limited English proficiency. 11
1–703. 12
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 13
INDICATED. 14
(2) “COMMITTEE” MEANS THE JUSTICE40 COMMITTEE ESTABLISHED 15
UNDER SUBSECTION (F) OF THIS SECTION. 16
(3) “COMMUNITY LISTENING S ESSION” HAS THE MEANING STAT ED IN 17
§ 1–701 OF THIS SUBTITLE . 18
(4) “COVERED PROGRAM ” MEANS A FEDERAL PROGRAM, AS 19
OUTLINED IN THE INTERIM IMPLEMENTATION GUIDANCE FOR THE JUSTICE40 20
INITIATIVE RELEASED BY THE FEDERAL OFFICE OF MANAGEMENT AND BUDGET, 21
THAT MAKES INVESTMEN TS IN ONE OR MORE OF TH E FOLLOWING AREAS : 22
(I) AFFORDABLE AND SUSTAI NABLE HOUSING ; 23
(II) CLIMATE CHANGE ; 24
(III) CLEAN ENERGY AND ENERGY EFFICIENC Y; 25
(IV) CLEAN TRANSPORTATION ; 26 4 HOUSE BILL 842
(V) CLEAN WATER AND WASTE WATER INFRASTRUCTURE ; 1
(VI) REMEDIATION AND REDUC TION OF LEGACY POLLUTION; OR 2
(VII) TRAINING AND WORKFORC E DEVELOPMENT RELATE D TO: 3
1. AFFORDABLE AND SUSTAI NABLE HOUSING ; 4
2. CLEAN ENERGY ; 5
3. CLEAN TRANSPORTATION ; 6
4. CLEAN WATER AND WASTE WATER INFRASTRUCTURE ; 7
5. CLIMATE CHANGE ; 8
6. THE ENVIRONMENT ; 9
7. NATURAL DISASTERS ; OR 10
8. REMEDIATION AND REDUC TION OF LEGACY 11
POLLUTION. 12
(5) “ENVIRONMENTAL JUSTICE ” HAS THE MEANING STAT ED IN § 13
1–701 OF THIS SUBTITLE . 14
(6) “FEDERAL ACT” MEANS THE INFRASTRUCTURE INVESTMENT 15
AND JOBS ACT OF 2021. 16
(7) “FEDERAL FUNDS” MEANS: 17
(I) MONEY RECEIVED BY A STATE AGENCY UNDER THE 18
FEDERAL ACT FOR ANY PROGRAM ; AND 19
(II) ANY OTHER FEDERAL MONEY RECEIVED BY A STATE 20
AGENCY FOR A COVERED PROGRAM . 21
(8) “INFRASTRUCTURE CONSTRUCTION PROJECT ” MEANS THE 22
CONSTRUCTION , RECONSTRUCTION , REHABILITATION , MODERNIZATION , 23
ALTERATION, REPAIR, OR IMPROVEMENT OF BUILDINGS, STRUCTURES , OR 24
PROPERTY WITHIN THE FOLLOWING SECTOR S SPECIFIED IN THE FEDERAL ACT: 25
HOUSE BILL 842 5
(I) TRANSPORTATION ; 1
(II) WATER; 2
(III) ENERGY; 3
(IV) BROADBAND; AND 4
(V) NATURAL RESOURCES . 5
(9) “LOW– TO MODERATE –INCOME HOUSEHOLD ” MEANS A 6
HOUSEHOLD LOCATED IN A CENSUS TRACT WITH AN AVERAGE MEDIAN IN COME AT 7
OR BELOW 80% OF THE AVERAGE MEDIA N INCOME FOR THE STATE. 8
(10) “OVERBURDENED COMMUNITY ” HAS THE MEANING STAT ED IN § 9
1–701 OF THIS SUBTITLE . 10
(11) “PROJECT LABOR AGREEME NT” MEANS PRE–HIRE COLLECTIVE 11
BARGAINING AGREEMENT S NEGOTIATED BETWEEN CONSTRUCTION UNIONS AND 12
CONSTRUCTION CONTRAC TORS THAT ESTABLISH THE TERMS AND CONDIT IONS OF 13
EMPLOYMENT FOR CONST RUCTION PROJECTS . 14
(12) “STATE AGENCY ” MEANS ANY AGENCY , BOARD, COMMISSION, 15
DEPARTMENT , OR POLITICAL SUBDIVI SION OF THE STATE. 16
(13) “UNDERSERVED COMMUNITY ” HAS THE MEANING STAT ED IN § 17
1–701 OF THIS SUBTITLE . 18
(B) IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT EACH STATE 19
AGENCY RECEIVING FED ERAL FUNDS SHALL , TO THE EXTENT PRACTI CABLE AND 20
NOT IN CONFLICT WITH FEDERAL LAW OR FUNDI NG GUIDELINES , ENSURE THAT ANY 21
FEDERAL FUNDS ADMINI STERED BY THAT STATE AGENCY AVOID SU BSTANTIAL 22
BURDENS T O OVERBURDENED COMMU NITIES, UNDERSERVED COMMUNIT IES, 23
COMMUNITIES OF COLOR , AND COMMUNITIES WITH A HIGH PERCENTAGE OF 24
LOW– TO MODERATE –INCOME HOUSEHOLDS , INCLUDING: 25
(1) PHYSICAL OR ECONOMIC DISPLACEMENT OF HOUS EHOLDS AND 26
SMALL BUSINESSES ; 27
(2) INCREASED EXPOSURE TO TOXI NS; AND 28
(3) OTHER SUBSTANTIAL ECO NOMIC, ENVIRONMENTAL , OR PUBLIC 29
HEALTH BURDENS . 30 6 HOUSE BILL 842
(C) IN ADMINISTERING FEDERAL FUNDS, EACH STATE AGENCY SHALL , TO 1
THE EXTENT PRACTICABLE AND NOT IN CONFLICT WITH FEDERAL LAW AND 2
FUNDING GUIDELINES , ALLOCATE A MINIMUM O F: 3
(1) 40% OF THOSE FUNDS TO INFRASTRUCTURE CONST RUCTION 4
PROJECTS IN OVERBURDENED AND UNDERSERVED COMMUNITIES IN THE STATE; 5
AND 6
(2) AN ADDITIONAL 40% OF THOSE FUNDS TO INFRASTRUCTURE 7
CONSTRUCTION PROJECT S IN COMMUNITIES OF COLOR AND COMMUNITIES WITH A 8
HIGH PERCENTAGE OF LOW– TO MODERATE –INCOME HOUSEHOLDS IN THE STATE. 9
(D) (1) TO ACHIEVE THE INVEST MENT REQUIRED UNDER THIS SECTION, 10
A STATE AGENCY SHALL, IN COORDINATION WITH THE COMMITTEE: 11
(I) IDENTIFY OVERBURDENED COMMUNI TIES, UNDERSERVED 12
COMMUNITIES , COMMUNITIES OF COLOR , AND COMMUNITIES WITH A HIGH 13
PERCENTAGE OF LOW – TO MODERATE –INCOME HOUSEHOLDS IN THE STATE; AND 14
(II) CONDUCT COMMUNITY LIS TENING SESSIONS IN D IFFERENT 15
AREAS OF THE STATE, INCLUDING URBAN AND RURAL AREAS , TO SOLICIT INPUT 16
FROM OVERBURDENED COMMUNI TIES, UNDERSERVED COMMUNIT IES, 17
COMMUNITIES OF COLOR , AND COMMUNITIES WITH A HIGH PERCENTAGE OF 18
LOW– TO MODERATE –INCOME HOUSEHOLDS . 19
(2) AFTER THE COMMUNITY LISTENING SESSIONS UNDER 20
PARAGRAPH (1) OF THIS SUBSECTION ARE COMPLETED , A STATE AGENCY SHALL 21
WORK WITH THE COMMITTEE TO IDENTIFY AND PROVIDE ASSISTANCE TO 22
INFRASTRUCTURE CONST RUCTION PROJECTS IN OVERBURDENED COMMUNITIES , 23
UNDERSERVED COMMUNIT IES, COMMUNITIES OF COLOR , AND COMMUNITIES WITH 24
A HIGH PERCENTAGE OF LOW– TO MODERATE –INCOME HOUSEHOLDS . 25
(3) INFRASTRUCTURE CONSTR UCTION PROJECTS IDENTIFIED 26
UNDER PARAGRAPH (2) OF THIS SUBSECTION S HALL BE PRIORITIZED BASED ON 27
WHETHER THE INFRASTR UCTURE CONSTRUCTION PROJECT: 28
(I) ADVANCES ENVIRONMENTAL JUSTIC E; 29
(II) INCORPORATES LABOR AN D WORKFORCE STANDARD S, 30
INCLUDING: 31
1. PROJECT LABOR AGREEME NTS; 32 HOUSE BILL 842 7
2. TARGETED HIRE PROVISI ONS FOR WORKERS 1
RESIDING IN OVERBURD ENED AND UNDERSERVED COMMUNITIES ; OR 2
3. WAGE STANDARDS ; 3
(III) PROMOTES APPRENTICESH IP PROGRAMS; 4
(IV) PROMOTES THE ADAPTATI ON OF INFRASTRUCTURE TO 5
CLIMATE CHANGE ; OR 6
(V) REDUCES GREENHOUSE GAS EMISSIONS . 7
(4) TO THE EXTENT AUTHORIZED BY FEDERAL LAW , FEDERAL FUNDS 8
MAY BE ALLOCATED OR USED TO SUPPORT A N INFRASTRUCTURE CONSTRUCTION 9
PROJECT THAT WILL CO ST IN EXCESS OF $5,000,000 ONLY IF THE CONSTRUC TION 10
WORK WILL BE PERFORM ED IN ACCORDANCE WITH A PROJECT LABOR AGRE EMENT 11
THAT INCLUDES PROVIS IONS TO ENCOURAGE AP PRENTICESHIP TRAININ G AND THE 12
HIRING OF WORKERS WH O RESIDE IN OVERBURD ENED AND UNDERSERVED 13
COMMUNITIES . 14
(E) (1) ON OR BEFORE DECEMBER 1, 2024, AND EACH DECEMBER 1 15
THEREAFTE R, EACH STATE AGENCY ADMINISTERING FEDERAL FUNDS SHALL 16
SUBMIT A REPORT TO T HE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF 17
THE STATE GOVERNMENT ARTICLE, ON: 18
(I) HOW, IN COORDINATION WITH THE COMMITTEE, A STATE 19
AGENCY IDENTIFIED OVERBURDENED COMMUNITIES , UNDERSERVED 20
COMMUNITIES , COMMUNITIES OF COLOR , AND COMMUNITIES WITH A HIGH 21
PERCENTAGE OF LOW – TO MODERATE –INCOME HOUSEHOLDS IN THE STATE; 22
(II) HOW, IN COORDINATION WITH THE COMMITTEE, A STATE 23
AGENCY IDENTIFIED AND PROVI DED ASSISTANCE TO INFRASTRUCTURE 24
CONSTRUCTION PROJECT S IN OVERBURDENED CO MMUNITIES, UNDERSERVED 25
COMMUNITIES , COMMUNITIES OF COLOR , AND COMMUNITIES WITH A HIGH 26
PERCENTAGE OF LOW – TO MODERATE –INCOME HOUSEHOLDS IN THE STATE; 27
(III) THE ENTITIES OR INFRA STRUCTURE CONSTRUCTI ON 28
PROJECTS THAT RECEIV ED ASSISTANCE; AND 29
(IV) THE SPENDING OF FUNDS FOR INFRASTRUCTURE 30
CONSTRUCTION PROJECT S THAT BENEFITED OVERBURDENED COMMUNI TIES, 31
UNDERSERVED COMMUNIT IES, COMMUNITIES OF COLOR , AND COMMUNITIES WITH 32 8 HOUSE BILL 842
A HIGH PERCENTAGE OF LOW– TO MODERATE–INCOME HOUSEHOLDS TO ACHIEVE 1
THE INVESTMENT REQUI RED UNDER THIS SECTI ON DURING THE PRIOR FIS CAL 2
YEAR. 3
(2) EACH STATE AGENCY REQUIRED TO SUBMIT A REPORT UNDER 4
PARAGRAPH (1) OF THIS SUBSECTION SHALL MAKE THE REPORT AVAILABLE ON ITS 5
WEBSITE IMMEDIATELY AFTER SUBMISSION TO THE GENERAL ASSEMBLY. 6
(F) (1) THERE IS A JUSTICE40 COMMITTEE. 7
(2) THE COMMITTEE SHALL: 8
(I) IDENTIFY INFRASTRUCTU RE DEFICIENCIES IN 9
OVERBURDENED COMMUNI TIES, UNDERSERVED COMMUNIT IES, COMMUNITIES OF 10
COLOR, AND COMMUNITIES WITH A HIGH PERCENTAGE OF LOW– TO 11
MODERATE–INCOME HOUSEHOLDS IN THE STATE; 12
(II) RECOMMEND INFRASTRUCTURE CONST RUCTION 13
PROJECTS UNDER ANY C OVERED PROGRAM FOR F EDERAL FUNDING ; AND 14
(III) RECOMMEND GUIDELINES FOR HOW A STATE AGENC Y CAN 15
USE FEDERAL FUNDS TO PROVIDE ASSISTANCE F OR INFRASTRUCTURE 16
CONSTRUCTION PROJECT S IN OVERBURDENED COMM UNITIES, UNDERSERVED 17
COMMUNITIES , COMMUNITIES OF COLOR , AND COMMUNITIES WITH A HIGH 18
PERCENTAGE OF LOW – TO MODERATE –INCOME HOUSEHOLDS TO ACHIEVE BETTER 19
CLIMATE, LABOR, AND EQUITY OUTCOMES . 20
(3) THE COMMITTEE CONSIST S OF THE FOLLOWING MEMBER S: 21
(I) THE SECRETARY O F THE ENVIRONMENT , OR THE 22
SECRETARY’S DESIGNEE; AND 23
(II) THE FOLLOWING MEMBERS APPOINTED BY THE 24
SECRETARY: 25
1. A REPRESENTATIVE FROM AN ORGANIZATION THAT 26
WORKS ON ENVIRONMENT AL ISSUES AFFECTING OVERBURDENED COMMUNI TIES, 27
UNDERSERVED COMMUNIT IES, COMMUNITIES OF COLOR , AND COMMUNITIES WITH 28
A HIGH PERCENTAGE OF LOW– TO MODERATE –INCOME HOUSEHOLDS IN THE STATE; 29
2. A REPRESENTATIVE FROM AN ORGANIZATION THAT 30
WORKS ON TRANSPORTAT ION EQUITY IN THE STATE; 31
HOUSE BILL 842 9
3. A REPRESENTATIVE OF AN ENVIRONMENTAL JUSTIC E 1
ORGANIZATION IN THE STATE; 2
4. A REPRESENTATIVE OF AN EQUITY OR RACIAL 3
JUSTICE ORGANIZATION THAT WO RKS WITH OVERBURDENED COMMUNITIES , 4
UNDERSERVED COMMUNIT IES, COMMUNITIES OF COLOR , AND COMMUNITIES WITH 5
A HIGH PERCENTAGE OF LOW– TO MODERATE –INCOME HOUSEHOLDS IN THE STATE; 6
5. A REPRESENTATIVE OF A PUBLIC SECTOR LABOR 7
UNION IN THE STATE; AND 8
6. A REPRESENTATIVE FROM A LABOR UNION THAT 9
REPRESENTS BUILDING AND CONSTRUCTION TRA DES IN THE STATE. 10
(4) THE SECRETARY SHALL DESIGNATE THE CHAIR OF THE 11
COMMITTEE. 12
(5) THE DEPARTMENT SHALL PROVIDE STAFF FOR THE COMMITTEE. 13
(6) A MEMBER OF THE COMMITTEE: 14
(I) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF THE 15
COMMITTEE; BUT 16
(II) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER 17
THE STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE 18
BUDGET. 19
(7) A STATE AGENCY ADMINIST ERING FEDERAL FUNDS SHALL 20
COORDINATE WITH THE COMMITTEE TO ASSIST COMMUNITIE S IN APPLYING FOR , 21
AND ACCESSING , FEDERAL FUNDS FOR IN FRASTRUCTURE CONSTRUCTION 22
PROJECTS. 23
(8) ON OR BEFORE DECEMBER 31, 2024, AND EACH DECEMBER 31 24
THEREAFTER , THE COMMITTEE SHALL SUBMIT A REPOR T TO THE GENERAL 25
ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, 26
THAT: 27
(I) LISTS ANY RECOMMENDATION S THE COMMITTEE HAS 28
DEVELOPED IN IDENTIFYING AND P ROVIDING ASSISTANCE TO INFRASTRUCTURE 29
CONSTRUCTION PROJECT S IN OVERBURDENED COMMUNI TIES, UNDERSERVED 30
COMMUNITIES , COMMUNITIES OF COLOR , AND COMMUNITIES WITH A HIGH 31
PERCENTAGE OF LOW – TO MODERATE –INCOME HOUSEHOLDS IN THE STATE; 32 10 HOUSE BILL 842
(II) EVALUATES THE SPENDING OF FUND S FOR 1
INFRASTRUCTURE CONST RUCTION PROJECTS THA T BENEFITED OVERBURDENE D 2
COMMUNITIES , UNDERSERVED COMMUNIT IES, COMMUNITIES OF COLOR , AND 3
COMMUNITIES WITH A H IGH PERCENTAGE OF LO W– TO MODERATE –INCOME 4
HOUSEHOLDS DURING TH E PRIOR FISCAL YEAR ; AND 5
(III) EVALUATES THE SUCCESS OF STATE AGENCIES IN MEETING 6
THE INVESTMENT REQUI RED UNDER THIS SECTI ON DURING THE PRIOR FISCAL 7
YEAR. 8
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 9
1, 2024. 10