EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0096*
SENATE BILL 96
M3 4lr0814
SB 743/23 – EEE (PRE–FILED) CF HB 24
By: Senator Jackson
Requested: October 3, 2023
Introduced and read first time: January 10, 2024
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Environment – Impact of Environmental Permits and State Agency Actions 2
FOR the purpose of requiring the Department of the Environment to conduct a certain 3
evaluation regarding the impact of issuing an approval for certain environmental 4
permits; requiring the Department to provide opportunities for certain 5
communication with certain residents in a certain manner; requiring the 6
Department to deposit certain money in certain funds under certain circumstances; 7
altering certain reporting requirements for certain State agencies; and generally 8
relating to the impact of actions on climate and environmental justice and equity. 9
BY repealing and reenacting, without amendments, 10
Article – Environment 11
Section 1–601(a), 1–701(a)(1), (5), (7), and (8), 1–702(b), 2–107(a), and 7–218 12
Annotated Code of Maryland 13
(2013 Replacement Volume and 2023 Supplement) 14
BY repealing and reenacting, with amendments, 15
Article – Environment 16
Section 1–702(a), 2–107(b), 2–1305, and 7–219 17
Annotated Code of Maryland 18
(2013 Replacement Volume and 2023 Supplement) 19
BY adding to 20
Article – Environment 21
Section 1–7A–01 through 1–7A–05 to be under the new subtitle “Subtitle 7A. Impact 22
of Environmental Permits on Climate and Environmental Equity” 23
Annotated Code of Maryland 24
(2013 Replacement Volume and 2023 Supplement) 25
BY repealing and reenacting, without amendments, 26 2 SENATE BILL 96
Article – Environment 1
Section 9–320(a) 2
Annotated Code of Maryland 3
(2014 Replacement Volume and 2023 Supplement) 4
BY repealing and reenacting, with amendments, 5
Article – Environment 6
Section 9–320(b) 7
Annotated Code of Maryland 8
(2014 Replacement Volume and 2023 Supplement) 9
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 10
That the Laws of Maryland read as follows: 11
Article – Environment 12
1–601. 13
(a) Permits issued by the Department under the following sections shall be issued 14
in accordance with this subtitle: 15
(1) Air quality control permits to construct subject to § 2–404 of this article; 16
(2) Permits to install, materially alter, or materially extend landfill 17
systems, incinerators for public use, or rubble landfills subject to § 9–209 of this article; 18
(3) Permits to discharge pollutants to waters of the State issued pursuant 19
to § 9–323 of this article; 20
(4) Permits to install, materially alter, or materially extend a structure 21
used for storage or distribution of any type of sewage sludge issued, renewed, or amended 22
pursuant to § 9–234.1 or § 9–238 of this article; 23
(5) Permits to own, operate, establish, or maintain a controlled hazardous 24
substance facility issued pursuant to § 7–232 of this article; 25
(6) Permits to own, operate, or maintain a hazardous material facility 26
issued pursuant to § 7–103 of this article; 27
(7) Permits to own, operate, establish, or maintain a low–level nuclear 28
waste facility issued pursuant to § 7–233 of this article; and 29
(8) Potable reuse permits issued in accordance with § 9–303.2 of this 30
article. 31
1–701. 32
SENATE BILL 96 3
(a) (1) In this section the following words have the meanings indicated. 1
(5) “Environmental justice” means equal protection from environmental 2
and public health hazards for all people regardless of race, income, culture, and social 3
status. 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
(xix) Proximity to a brownfields site; 26 4 SENATE BILL 96
(xx) Proximity to mining operations; and 1
(xxi) Proximity to a hazardous waste landfill. 2
(8) “Underserved community” means any census tract in which, according 3
to the most recent U.S. Census Bureau Survey: 4
(i) At least 25% of the residents qualify as low–income; 5
(ii) At least 50% of the residents identify as nonwhite; or 6
(iii) At least 15% of the residents have limited English proficiency. 7
1–702. 8
(a) On or before December 31, [2023] 2024, the Department, in consultation with 9
the Commission on Environmental Justice and Sustainable Communities, shall: 10
(1) Subject to subsection (b) of this section, adopt a methodology for 11
identifying communities disproportionately affected by climate impacts; 12
(2) Develop specific strategies to address geographical impact concerns, 13
reduce emissions of greenhouse gases and co–pollutants, and build climate equity and 14
resilience within communities disproportionately affected by climate impacts; 15
(3) Set appropriate goals for the percentage of State funding for greenhouse 16
gas emission reduction measures that should be used for the benefit of disproportionately 17
affected communities; and 18
(4) Report to the Maryland Commission on Climate Change and, in 19
accordance with § 2–1257 of the State Government Article, the General Assembly on the 20
policies and programs developed under this subsection. 21
(b) In evaluating methodologies under subsection (a)(1) of this section, the 22
Department shall, at a minimum, include: 23
(1) Underserved communities; 24
(2) Overburdened communities; and 25
(3) Areas that are vulnerable to climate impacts, such as flooding, storm 26
surges, and urban heat island effects, due to low levels of tree coverage, high levels of 27
impervious surfaces, or other factors. 28
SUBTITLE 7A. IMPACT OF ENVIRONMENTAL PERMITS ON CLIMATE AND 29
ENVIRONMENTAL EQUITY. 30 SENATE BILL 96 5
1–7A–01. 1
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 2
INDICATED. 3
(B) “APPLICANT” MEANS A PERSON APPLY ING FOR A PERMIT LIS TED 4
UNDER § 1–601(A) OF THIS TITLE. 5
(C) “ENVIRONMENTAL JUSTICE ” HAS THE MEANING STAT ED IN § 1–701 OF 6
THIS TITLE. 7
(D) “OVERBURDENED COMMUNIT Y” HAS THE MEANING STAT ED IN § 1–701 8
OF THIS TITLE. 9
(E) “PERMIT” MEANS A PERMIT LISTE D UNDER § 1–601(A) OF THIS TITLE. 10
(F) “UNDERSERVED COMMUNITY ” HAS THE MEANING STAT ED IN § 1–701 OF 11
THIS TITLE. 12
1–7A–02. 13
(A) (1) IF, AFTER REVIEWING AN EJ SCORE IN ACCORDANCE WITH § 14
1–601.1(B) OF THIS TITLE, THE DEPARTMENT DETERMINES THAT ISSUING AN 15
APPROVAL FOR A NEW PERMIT MAY IMPACT AN UNDERSERVED COMMUNITY OR 16
AN OVERBURDENED COMMUNITY , THE DEPARTMENT SHALL CONDUCT A CLIMATE 17
AND ENVIRONMENTAL EQUITY EVALUATION OF THE PERMIT. 18
(2) THE CLIMATE AND ENVIR ONMENTAL EQUITY EVAL UATION 19
REQUIRED UNDER THIS SECTION SHALL INCLUD E AN ANALYSIS OF: 20
(I) EXISTING ENVIRONMENTA L AND CLIMATE DATA R EGARDING 21
THE AFFECTED COMMUNITY, INCLUDING MONITORING , MODELING, OR ANY OTHER 22
DATA DEEMED APPROPRI ATE; 23
(II) THE APPLICANT FACILIT Y’S COMPLIANCE RECORD ; AND 24
(III) POTENTIAL METHODS TO MINIMIZE OR MITIGATE POTENTIAL 25
ADVERSE EFFECTS IN T HE AFFECTED COMMUNIT Y. 26
(B) IN ADDITION TO THE EVALUATI ON REQUIRED UNDER SU BSECTION (A) OF 27
THIS SECTION, THE DEPARTMENT, IN COORDINATION WITH THE MARYLAND 28
DEPARTMENT OF HEALTH, MAY CONDUCT A HEALTH IMPACT ASSESSMENT OF THE 29 6 SENATE BILL 96
PERMIT. 1
(C) (1) IN CONDUCTING A CLIMA TE AND EQUITY EVALUA TION OR A HEALTH 2
IMPACT ASSESSMENT IN ACCORDANCE WITH THIS SECTION, THE DEPARTMENT MAY 3
CONSIDER CUMULATIVE IMPACTS, AS DEFINED IN THE U.S. ENVIRONMENTAL 4
PROTECTION AGENCY’S REPORT ON CUMULATIVE IMPACTS RESEARCH: 5
RECOMMENDATIONS FOR EPA’S OFFICE OF RESEARCH AND DEVELOPMENT. 6
(2) THE DEPARTMENT SHALL COMP LETE A CLIMATE AND E QUITY 7
EVALUATION AND , IF APPLICABLE, A HEALTH IMPACT ASSE SSMENT WITHIN 60 DAYS 8
AFTER MAKING A DETER MINATION UNDER SUBSE CTION (A) OF THIS SECTION THAT 9
ISSUING AN APPROVAL FOR A NEW PERMIT MAY IMPACT AN UNDERSERVED 10
COMMUNITY OR AN OVER BURDENED COMMUNITY . 11
1–7A–03. 12
(A) THE DEPARTMENT SHALL REGU LARLY PROVIDE OPPORT UNITIES FOR 13
RESIDENTS OF THE STATE TO OPT IN TO TE XT, PHONE, E–MAIL, OR REGULAR MAIL 14
NOTIFICATIONS REGARD ING ANY FACILITY WIT H A PENDING OR FINAL PERMIT 15
APPROVAL IN OR ADJACENT TO TH E RESIDENT’S CENSUS TRACT . 16
(B) (1) IF AN APPLICANT IS AP PLYING FOR MORE THAN ONE PERMIT FOR 17
THE SAME FACILITY , THE DEPARTMENT SHALL COMP LY WITH THE REQUIREM ENTS 18
UNDER § 1–7A–02 OF THIS SUBTITLE ONL Y ONCE UNLES S THE DEPARTMENT 19
DETERMINES THAT MORE THAN ONE EVALUATION IS NECESSARY DUE TO THE 20
COMPLEXITY OF THE AP PLICATIONS. 21
(2) PARAGRAPH (1) OF THIS SUBSECTION M AY NOT BE CONSTRUED 22
TO LIMIT THE AUTHORI TY OF THE DEPARTMENT TO HOLD OR REQUIRE ADDITIONAL 23
PUBLIC HEARINGS FOR A PERMIT . 24
(C) THE DEPARTMENT MAY DENY O R ALTER A DECISION O R AMEND THE 25
CONDITIONS UNDER A P ENDING PERMIT BASED ON THE DEPARTMENT ’S FINDINGS 26
UNDER THIS SUBTITLE . 27
1–7A–04. 28
(A) SUBJECT TO SUBSECTION (B) OF THIS SECTION , IN ADDITION TO ANY 29
OTHER FEE AUTHORIZED BY LAW OR REGULATION , THE DEPARTMENT MAY CHARGE 30
A REASONABLE FEE TO COVER THE DEPARTMENT ’S COSTS ASSOCIATED W ITH THE 31
IMPLEMENTATION OF TH IS SUBTITLE, INCLUDING COSTS TO P ROVIDE TECHNICAL 32
ASSISTANCE TO PERMIT APPLICANTS AND RESID ENTS OF RELEVANT CEN SUS 33
TRACTS AS NEEDED TO COMPLY WITH THIS SUB TITLE. 34 SENATE BILL 96 7
(B) THE DEPARTMENT SHALL DEPO SIT ANY MONEY FROM F EES THAT 1
REMAINS AFTER COVERI NG COSTS IN ACCORDAN CE WITH SUBSECTION (A) OF THIS 2
SECTION INTO: 3
(1) THE MARYLAND CLEAN WATER FUND; 4
(2) THE MARYLAND CLEAN AIR FUND; OR 5
(3) THE STATE HAZARDOUS SUBSTANCE CONTROL FUND. 6
1–7A–05. 7
THE DEPARTMENT SHALL ADOP T REGULATIONS TO CAR RY OUT THIS 8
SUBTITLE. 9
2–107. 10
(a) There is a Maryland Clean Air Fund. 11
(b) (1) Except as provided in § 2–1002(g) of this title, all application fees, 12
permit fees, renewal fees, and funds collected by the Department under this title, Title 6, 13
Subtitle 4 of this article, or received from the Maryland Strategic Energy Investment Fund 14
under § 9–20B–05(g)(3)(iii) of the State Government Article, including any civil or 15
administrative penalty or any fine imposed by a court under these provisions, shall be paid 16
into the Maryland Clean Air Fund. 17
(2) THE MARYLAND CLEAN AIR FUND MAY RECEIVE MONE Y IN 18
ACCORDANCE WITH § 1–7A–04(B) OF THIS ARTICLE. 19
2–1305. 20
(a) (1) Each State agency shall review its planning, regulatory, and fiscal 21
programs to identify and recommend actions to more fully integrate the consideration of 22
Maryland’s greenhouse gas reduction goal and the impacts of climate change. 23
(2) The review shall include the consideration of: 24
(i) Sea level rise; 25
(ii) Storm surges and flooding; 26
(iii) Increased precipitation and temperature; [and] 27
(iv) Extreme weather events; AND 28 8 SENATE BILL 96
(V) WHETHER AGENCY DECISI ONS CONTRIBUTE TO LO CAL 1
DETERIORATION OF PUB LIC HEALTH OR INCREA SES IN POLLUTION ASS OCIATED 2
WITH HEALTH AND ENVI RONMENTAL BURDENS FO R UNDERSERVED AND 3
OVERBURDENED COMMUNI TIES. 4
(b) Each State agency shall identify and recommend specific policy, planning, 5
regulatory, and fiscal changes to existing programs that do not currently support the State’s 6
greenhouse gas reduction efforts or address climate change. 7
(c) (1) [The] ON OR BEFORE DECEMBER 1 EACH YEAR, THE following State 8
agencies shall report [annually] on the status of programs that support the State’s 9
greenhouse gas reduction efforts or address climate change TO THE GENERAL 10
ASSEMBLY, in accordance with § 2–1257 of the State Government Article, AND to the 11
Commission and the Governor: 12
(i) The Department; 13
(ii) The Department of Agriculture; 14
(iii) The Department of General Services; 15
(iv) The Department of Housing and Community Development; 16
(v) The Department of Natural Resources; 17
(vi) The Department of Planning; 18
(vii) The Department of Transportation; 19
(viii) The Maryland Energy Administration; 20
(ix) The Maryland Insurance Administration; 21
(x) The Public Service Commission; and 22
(xi) The University of Maryland Center for Environmental Science. 23
(2) The report required [in] UNDER paragraph (1) of this subsection shall 24
include THE FOLLOWING INFORM ATION RELATING TO TH E WORK OF EACH STATE 25
AGENCY FOR THE IMMEDIATELY PR ECEDING 12–MONTH PERIOD : 26
(i) Program descriptions and objectives; 27
(ii) Implementation milestones, whether or not they have been met; 28
SENATE BILL 96 9
(iii) Enhancement opportunities; 1
(iv) Funding; 2
(v) Challenges; 3
(vi) Estimated greenhouse gas emissions reductions, by program, for 4
the prior calendar year; [and] 5
(vii) AGENCY CONTRIBUTIONS OR IMPEDIMENTS TO 6
ENVIRONMENTAL JUSTIC E; AND 7
(VIII) Any other information that the agency considers relevant. 8
(3) EACH STATE AGENCY SHALL MAKE TH E REPORT REQUIRED 9
UNDER PARAGRAPH (1) OF THIS SUBSECTION P UBLICLY AVAILABLE ON ITS 10
WEBSITE. 11
(d) Each State agency, when conducting long–term planning, developing policy, 12
and drafting regulations, shall take into consideration: 13
(1) The likely climate impact of the agency’s decisions relative to 14
Maryland’s greenhouse gas emissions reduction goals; and 15
(2) The likely impact of the agency’s decisions on disproportionately 16
affected communities identified according to the methodology adopted by the Department 17
under § 1–702 of this article. 18
7–218. 19
There is a State Hazardous Substance Control Fund. 20
7–219. 21
(A) All application and permit fees, renewal fees, transporting vehicle certification 22
fees, and all other funds collected by the Department under this subtitle, including any civil 23
or administrative penalty or any fine imposed by a court under the provisions of this 24
subtitle, shall be paid into the State Hazardous Substance Control Fund. 25
(B) THE STATE HAZARDOUS SUBSTANCE CONTROL FUND MAY RECEIVE 26
MONEY IN ACCORDANCE WITH § 1–7A–04(B) OF THIS ARTICLE. 27
9–320. 28
(a) There is a Maryland Clean Water Fund. 29
10 SENATE BILL 96
(b) (1) The following payments shall be made into the Maryland Clean Water 1
Fund: 2
[(1)] (I) All application fees, permit fees, renewal fees, and funds 3
collected by the Department under this subtitle, including any civil or administrative 4
penalty or any fine imposed by a court under the provisions of this subtitle; 5
[(2)] (II) Any civil penalty or any fine imposed by a court under the 6
provisions of Title 5, Subtitle 5 of this article relating to water appropriation and use; 7
[(3)] (III) Any civil or administrative penalty or any fine imposed by a court 8
under the provisions of Title 4, Subtitle 1 of this article; 9
[(4)] (IV) Any fees or funds that the Department collects under Subtitle 2, 10
Part III of this title and §§ 9–269 and 9–270 of this title and any civil or administrative 11
penalty or fine imposed by a court under the provisions of Subtitle 2 of this title; and 12
[(5)] (V) Any fees or funds that the Department collects under Subtitle 24 13
of this title and any civil or administrative penalty or fine imposed by a court under the 14
provisions of Subtitle 24 of this title. 15
(2) THE MARYLAND CLEAN WATER FUND MAY RECEIVE MONE Y IN 16
ACCORDANCE WITH § 1–7A–04(B) OF THIS ARTICLE. 17
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 18
October 1, 2024. 19