MD
Maryland Senate Bill SB96

Maryland 2024 Regular Session

Maryland Senate Bill SB96 Compare Versions

Only one version of the bill is available at this time.
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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *sb0096*
66
77 SENATE BILL 96
88 M3 4lr0814
99 SB 743/23 – EEE (PRE–FILED) CF HB 24
1010 By: Senator Jackson
1111 Requested: October 3, 2023
1212 Introduced and read first time: January 10, 2024
1313 Assigned to: Education, Energy, and the Environment
1414
1515 A BILL ENTITLED
1616
1717 AN ACT concerning 1
1818
1919 Environment – Impact of Environmental Permits and State Agency Actions 2
2020
2121 FOR the purpose of requiring the Department of the Environment to conduct a certain 3
2222 evaluation regarding the impact of issuing an approval for certain environmental 4
2323 permits; requiring the Department to provide opportunities for certain 5
2424 communication with certain residents in a certain manner; requiring the 6
2525 Department to deposit certain money in certain funds under certain circumstances; 7
2626 altering certain reporting requirements for certain State agencies; and generally 8
2727 relating to the impact of actions on climate and environmental justice and equity. 9
2828
2929 BY repealing and reenacting, without amendments, 10
3030 Article – Environment 11
3131 Section 1–601(a), 1–701(a)(1), (5), (7), and (8), 1–702(b), 2–107(a), and 7–218 12
3232 Annotated Code of Maryland 13
3333 (2013 Replacement Volume and 2023 Supplement) 14
3434
3535 BY repealing and reenacting, with amendments, 15
3636 Article – Environment 16
3737 Section 1–702(a), 2–107(b), 2–1305, and 7–219 17
3838 Annotated Code of Maryland 18
3939 (2013 Replacement Volume and 2023 Supplement) 19
4040
4141 BY adding to 20
4242 Article – Environment 21
4343 Section 1–7A–01 through 1–7A–05 to be under the new subtitle “Subtitle 7A. Impact 22
4444 of Environmental Permits on Climate and Environmental Equity” 23
4545 Annotated Code of Maryland 24
4646 (2013 Replacement Volume and 2023 Supplement) 25
4747
4848 BY repealing and reenacting, without amendments, 26 2 SENATE BILL 96
4949
5050
5151 Article – Environment 1
5252 Section 9–320(a) 2
5353 Annotated Code of Maryland 3
5454 (2014 Replacement Volume and 2023 Supplement) 4
5555
5656 BY repealing and reenacting, with amendments, 5
5757 Article – Environment 6
5858 Section 9–320(b) 7
5959 Annotated Code of Maryland 8
6060 (2014 Replacement Volume and 2023 Supplement) 9
6161
6262 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 10
6363 That the Laws of Maryland read as follows: 11
6464
6565 Article – Environment 12
6666
6767 1–601. 13
6868
6969 (a) Permits issued by the Department under the following sections shall be issued 14
7070 in accordance with this subtitle: 15
7171
7272 (1) Air quality control permits to construct subject to § 2–404 of this article; 16
7373
7474 (2) Permits to install, materially alter, or materially extend landfill 17
7575 systems, incinerators for public use, or rubble landfills subject to § 9–209 of this article; 18
7676
7777 (3) Permits to discharge pollutants to waters of the State issued pursuant 19
7878 to § 9–323 of this article; 20
7979
8080 (4) Permits to install, materially alter, or materially extend a structure 21
8181 used for storage or distribution of any type of sewage sludge issued, renewed, or amended 22
8282 pursuant to § 9–234.1 or § 9–238 of this article; 23
8383
8484 (5) Permits to own, operate, establish, or maintain a controlled hazardous 24
8585 substance facility issued pursuant to § 7–232 of this article; 25
8686
8787 (6) Permits to own, operate, or maintain a hazardous material facility 26
8888 issued pursuant to § 7–103 of this article; 27
8989
9090 (7) Permits to own, operate, establish, or maintain a low–level nuclear 28
9191 waste facility issued pursuant to § 7–233 of this article; and 29
9292
9393 (8) Potable reuse permits issued in accordance with § 9–303.2 of this 30
9494 article. 31
9595
9696 1–701. 32
9797 SENATE BILL 96 3
9898
9999
100100 (a) (1) In this section the following words have the meanings indicated. 1
101101
102102 (5) “Environmental justice” means equal protection from environmental 2
103103 and public health hazards for all people regardless of race, income, culture, and social 3
104104 status. 4
105105
106106 (7) “Overburdened community” means any census tract for which three or 5
107107 more of the following environmental health indicators are above the 75th percentile 6
108108 statewide: 7
109109
110110 (i) Particulate matter (PM) 2.5; 8
111111
112112 (ii) Ozone; 9
113113
114114 (iii) National Air Toxics Assessment (NATA) diesel PM; 10
115115
116116 (iv) NATA cancer risk; 11
117117
118118 (v) NATA respiratory hazard index; 12
119119
120120 (vi) Traffic proximity; 13
121121
122122 (vii) Lead paint indicator; 14
123123
124124 (viii) National Priorities List Superfund site proximity; 15
125125
126126 (ix) Risk Management Plan facility proximity; 16
127127
128128 (x) Hazardous waste proximity; 17
129129
130130 (xi) Wastewater discharge indicator; 18
131131
132132 (xii) Proximity to a Concentrated Animal Feeding Operation (CAFO); 19
133133
134134 (xiii) Percent of the population lacking broadband coverage; 20
135135
136136 (xiv) Asthma emergency room discharges; 21
137137
138138 (xv) Myocardial infarction discharges; 22
139139
140140 (xvi) Low–birth–weight infants; 23
141141
142142 (xvii) Proximity to emitting power plants; 24
143143
144144 (xviii) Proximity to a Toxic Release Inventory (TRI) facility; 25
145145
146146 (xix) Proximity to a brownfields site; 26 4 SENATE BILL 96
147147
148148
149149
150150 (xx) Proximity to mining operations; and 1
151151
152152 (xxi) Proximity to a hazardous waste landfill. 2
153153
154154 (8) “Underserved community” means any census tract in which, according 3
155155 to the most recent U.S. Census Bureau Survey: 4
156156
157157 (i) At least 25% of the residents qualify as low–income; 5
158158
159159 (ii) At least 50% of the residents identify as nonwhite; or 6
160160
161161 (iii) At least 15% of the residents have limited English proficiency. 7
162162
163163 1–702. 8
164164
165165 (a) On or before December 31, [2023] 2024, the Department, in consultation with 9
166166 the Commission on Environmental Justice and Sustainable Communities, shall: 10
167167
168168 (1) Subject to subsection (b) of this section, adopt a methodology for 11
169169 identifying communities disproportionately affected by climate impacts; 12
170170
171171 (2) Develop specific strategies to address geographical impact concerns, 13
172172 reduce emissions of greenhouse gases and co–pollutants, and build climate equity and 14
173173 resilience within communities disproportionately affected by climate impacts; 15
174174
175175 (3) Set appropriate goals for the percentage of State funding for greenhouse 16
176176 gas emission reduction measures that should be used for the benefit of disproportionately 17
177177 affected communities; and 18
178178
179179 (4) Report to the Maryland Commission on Climate Change and, in 19
180180 accordance with § 2–1257 of the State Government Article, the General Assembly on the 20
181181 policies and programs developed under this subsection. 21
182182
183183 (b) In evaluating methodologies under subsection (a)(1) of this section, the 22
184184 Department shall, at a minimum, include: 23
185185
186186 (1) Underserved communities; 24
187187
188188 (2) Overburdened communities; and 25
189189
190190 (3) Areas that are vulnerable to climate impacts, such as flooding, storm 26
191191 surges, and urban heat island effects, due to low levels of tree coverage, high levels of 27
192192 impervious surfaces, or other factors. 28
193193
194194 SUBTITLE 7A. IMPACT OF ENVIRONMENTAL PERMITS ON CLIMATE AND 29
195195 ENVIRONMENTAL EQUITY. 30 SENATE BILL 96 5
196196
197197
198198
199199 1–7A–01. 1
200200
201201 (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 2
202202 INDICATED. 3
203203
204204 (B) “APPLICANT” MEANS A PERSON APPLY ING FOR A PERMIT LIS TED 4
205205 UNDER § 1–601(A) OF THIS TITLE. 5
206206
207207 (C) “ENVIRONMENTAL JUSTICE ” HAS THE MEANING STAT ED IN § 1–701 OF 6
208208 THIS TITLE. 7
209209
210210 (D) “OVERBURDENED COMMUNIT Y” HAS THE MEANING STAT ED IN § 1–701 8
211211 OF THIS TITLE. 9
212212
213213 (E) “PERMIT” MEANS A PERMIT LISTE D UNDER § 1–601(A) OF THIS TITLE. 10
214214
215215 (F) “UNDERSERVED COMMUNITY ” HAS THE MEANING STAT ED IN § 1–701 OF 11
216216 THIS TITLE. 12
217217
218218 1–7A–02. 13
219219
220220 (A) (1) IF, AFTER REVIEWING AN EJ SCORE IN ACCORDANCE WITH § 14
221221 1–601.1(B) OF THIS TITLE, THE DEPARTMENT DETERMINES THAT ISSUING AN 15
222222 APPROVAL FOR A NEW PERMIT MAY IMPACT AN UNDERSERVED COMMUNITY OR 16
223223 AN OVERBURDENED COMMUNITY , THE DEPARTMENT SHALL CONDUCT A CLIMATE 17
224224 AND ENVIRONMENTAL EQUITY EVALUATION OF THE PERMIT. 18
225225
226226 (2) THE CLIMATE AND ENVIR ONMENTAL EQUITY EVAL UATION 19
227227 REQUIRED UNDER THIS SECTION SHALL INCLUD E AN ANALYSIS OF: 20
228228
229229 (I) EXISTING ENVIRONMENTA L AND CLIMATE DATA R EGARDING 21
230230 THE AFFECTED COMMUNITY, INCLUDING MONITORING , MODELING, OR ANY OTHER 22
231231 DATA DEEMED APPROPRI ATE; 23
232232
233233 (II) THE APPLICANT FACILIT Y’S COMPLIANCE RECORD ; AND 24
234234
235235 (III) POTENTIAL METHODS TO MINIMIZE OR MITIGATE POTENTIAL 25
236236 ADVERSE EFFECTS IN T HE AFFECTED COMMUNIT Y. 26
237237
238238 (B) IN ADDITION TO THE EVALUATI ON REQUIRED UNDER SU BSECTION (A) OF 27
239239 THIS SECTION, THE DEPARTMENT, IN COORDINATION WITH THE MARYLAND 28
240240 DEPARTMENT OF HEALTH, MAY CONDUCT A HEALTH IMPACT ASSESSMENT OF THE 29 6 SENATE BILL 96
241241
242242
243243 PERMIT. 1
244244
245245 (C) (1) IN CONDUCTING A CLIMA TE AND EQUITY EVALUA TION OR A HEALTH 2
246246 IMPACT ASSESSMENT IN ACCORDANCE WITH THIS SECTION, THE DEPARTMENT MAY 3
247247 CONSIDER CUMULATIVE IMPACTS, AS DEFINED IN THE U.S. ENVIRONMENTAL 4
248248 PROTECTION AGENCY’S REPORT ON CUMULATIVE IMPACTS RESEARCH: 5
249249 RECOMMENDATIONS FOR EPA’S OFFICE OF RESEARCH AND DEVELOPMENT. 6
250250
251251 (2) THE DEPARTMENT SHALL COMP LETE A CLIMATE AND E QUITY 7
252252 EVALUATION AND , IF APPLICABLE, A HEALTH IMPACT ASSE SSMENT WITHIN 60 DAYS 8
253253 AFTER MAKING A DETER MINATION UNDER SUBSE CTION (A) OF THIS SECTION THAT 9
254254 ISSUING AN APPROVAL FOR A NEW PERMIT MAY IMPACT AN UNDERSERVED 10
255255 COMMUNITY OR AN OVER BURDENED COMMUNITY . 11
256256
257257 1–7A–03. 12
258258
259259 (A) THE DEPARTMENT SHALL REGU LARLY PROVIDE OPPORT UNITIES FOR 13
260260 RESIDENTS OF THE STATE TO OPT IN TO TE XT, PHONE, E–MAIL, OR REGULAR MAIL 14
261261 NOTIFICATIONS REGARD ING ANY FACILITY WIT H A PENDING OR FINAL PERMIT 15
262262 APPROVAL IN OR ADJACENT TO TH E RESIDENT’S CENSUS TRACT . 16
263263
264264 (B) (1) IF AN APPLICANT IS AP PLYING FOR MORE THAN ONE PERMIT FOR 17
265265 THE SAME FACILITY , THE DEPARTMENT SHALL COMP LY WITH THE REQUIREM ENTS 18
266266 UNDER § 1–7A–02 OF THIS SUBTITLE ONL Y ONCE UNLES S THE DEPARTMENT 19
267267 DETERMINES THAT MORE THAN ONE EVALUATION IS NECESSARY DUE TO THE 20
268268 COMPLEXITY OF THE AP PLICATIONS. 21
269269
270270 (2) PARAGRAPH (1) OF THIS SUBSECTION M AY NOT BE CONSTRUED 22
271271 TO LIMIT THE AUTHORI TY OF THE DEPARTMENT TO HOLD OR REQUIRE ADDITIONAL 23
272272 PUBLIC HEARINGS FOR A PERMIT . 24
273273
274274 (C) THE DEPARTMENT MAY DENY O R ALTER A DECISION O R AMEND THE 25
275275 CONDITIONS UNDER A P ENDING PERMIT BASED ON THE DEPARTMENT ’S FINDINGS 26
276276 UNDER THIS SUBTITLE . 27
277277
278278 1–7A–04. 28
279279
280280 (A) SUBJECT TO SUBSECTION (B) OF THIS SECTION , IN ADDITION TO ANY 29
281281 OTHER FEE AUTHORIZED BY LAW OR REGULATION , THE DEPARTMENT MAY CHARGE 30
282282 A REASONABLE FEE TO COVER THE DEPARTMENT ’S COSTS ASSOCIATED W ITH THE 31
283283 IMPLEMENTATION OF TH IS SUBTITLE, INCLUDING COSTS TO P ROVIDE TECHNICAL 32
284284 ASSISTANCE TO PERMIT APPLICANTS AND RESID ENTS OF RELEVANT CEN SUS 33
285285 TRACTS AS NEEDED TO COMPLY WITH THIS SUB TITLE. 34 SENATE BILL 96 7
286286
287287
288288
289289 (B) THE DEPARTMENT SHALL DEPO SIT ANY MONEY FROM F EES THAT 1
290290 REMAINS AFTER COVERI NG COSTS IN ACCORDAN CE WITH SUBSECTION (A) OF THIS 2
291291 SECTION INTO: 3
292292
293293 (1) THE MARYLAND CLEAN WATER FUND; 4
294294
295295 (2) THE MARYLAND CLEAN AIR FUND; OR 5
296296
297297 (3) THE STATE HAZARDOUS SUBSTANCE CONTROL FUND. 6
298298
299299 1–7A–05. 7
300300
301301 THE DEPARTMENT SHALL ADOP T REGULATIONS TO CAR RY OUT THIS 8
302302 SUBTITLE. 9
303303
304304 2–107. 10
305305
306306 (a) There is a Maryland Clean Air Fund. 11
307307
308308 (b) (1) Except as provided in § 2–1002(g) of this title, all application fees, 12
309309 permit fees, renewal fees, and funds collected by the Department under this title, Title 6, 13
310310 Subtitle 4 of this article, or received from the Maryland Strategic Energy Investment Fund 14
311311 under § 9–20B–05(g)(3)(iii) of the State Government Article, including any civil or 15
312312 administrative penalty or any fine imposed by a court under these provisions, shall be paid 16
313313 into the Maryland Clean Air Fund. 17
314314
315315 (2) THE MARYLAND CLEAN AIR FUND MAY RECEIVE MONE Y IN 18
316316 ACCORDANCE WITH § 1–7A–04(B) OF THIS ARTICLE. 19
317317
318318 2–1305. 20
319319
320320 (a) (1) Each State agency shall review its planning, regulatory, and fiscal 21
321321 programs to identify and recommend actions to more fully integrate the consideration of 22
322322 Maryland’s greenhouse gas reduction goal and the impacts of climate change. 23
323323
324324 (2) The review shall include the consideration of: 24
325325
326326 (i) Sea level rise; 25
327327
328328 (ii) Storm surges and flooding; 26
329329
330330 (iii) Increased precipitation and temperature; [and] 27
331331
332332 (iv) Extreme weather events; AND 28 8 SENATE BILL 96
333333
334334
335335
336336 (V) WHETHER AGENCY DECISI ONS CONTRIBUTE TO LO CAL 1
337337 DETERIORATION OF PUB LIC HEALTH OR INCREA SES IN POLLUTION ASS OCIATED 2
338338 WITH HEALTH AND ENVI RONMENTAL BURDENS FO R UNDERSERVED AND 3
339339 OVERBURDENED COMMUNI TIES. 4
340340
341341 (b) Each State agency shall identify and recommend specific policy, planning, 5
342342 regulatory, and fiscal changes to existing programs that do not currently support the State’s 6
343343 greenhouse gas reduction efforts or address climate change. 7
344344
345345 (c) (1) [The] ON OR BEFORE DECEMBER 1 EACH YEAR, THE following State 8
346346 agencies shall report [annually] on the status of programs that support the State’s 9
347347 greenhouse gas reduction efforts or address climate change TO THE GENERAL 10
348348 ASSEMBLY, in accordance with § 2–1257 of the State Government Article, AND to the 11
349349 Commission and the Governor: 12
350350
351351 (i) The Department; 13
352352
353353 (ii) The Department of Agriculture; 14
354354
355355 (iii) The Department of General Services; 15
356356
357357 (iv) The Department of Housing and Community Development; 16
358358
359359 (v) The Department of Natural Resources; 17
360360
361361 (vi) The Department of Planning; 18
362362
363363 (vii) The Department of Transportation; 19
364364
365365 (viii) The Maryland Energy Administration; 20
366366
367367 (ix) The Maryland Insurance Administration; 21
368368
369369 (x) The Public Service Commission; and 22
370370
371371 (xi) The University of Maryland Center for Environmental Science. 23
372372
373373 (2) The report required [in] UNDER paragraph (1) of this subsection shall 24
374374 include THE FOLLOWING INFORM ATION RELATING TO TH E WORK OF EACH STATE 25
375375 AGENCY FOR THE IMMEDIATELY PR ECEDING 12–MONTH PERIOD : 26
376376
377377 (i) Program descriptions and objectives; 27
378378
379379 (ii) Implementation milestones, whether or not they have been met; 28
380380 SENATE BILL 96 9
381381
382382
383383 (iii) Enhancement opportunities; 1
384384
385385 (iv) Funding; 2
386386
387387 (v) Challenges; 3
388388
389389 (vi) Estimated greenhouse gas emissions reductions, by program, for 4
390390 the prior calendar year; [and] 5
391391
392392 (vii) AGENCY CONTRIBUTIONS OR IMPEDIMENTS TO 6
393393 ENVIRONMENTAL JUSTIC E; AND 7
394394
395395 (VIII) Any other information that the agency considers relevant. 8
396396
397397 (3) EACH STATE AGENCY SHALL MAKE TH E REPORT REQUIRED 9
398398 UNDER PARAGRAPH (1) OF THIS SUBSECTION P UBLICLY AVAILABLE ON ITS 10
399399 WEBSITE. 11
400400
401401 (d) Each State agency, when conducting long–term planning, developing policy, 12
402402 and drafting regulations, shall take into consideration: 13
403403
404404 (1) The likely climate impact of the agency’s decisions relative to 14
405405 Maryland’s greenhouse gas emissions reduction goals; and 15
406406
407407 (2) The likely impact of the agency’s decisions on disproportionately 16
408408 affected communities identified according to the methodology adopted by the Department 17
409409 under § 1–702 of this article. 18
410410
411411 7–218. 19
412412
413413 There is a State Hazardous Substance Control Fund. 20
414414
415415 7–219. 21
416416
417417 (A) All application and permit fees, renewal fees, transporting vehicle certification 22
418418 fees, and all other funds collected by the Department under this subtitle, including any civil 23
419419 or administrative penalty or any fine imposed by a court under the provisions of this 24
420420 subtitle, shall be paid into the State Hazardous Substance Control Fund. 25
421421
422422 (B) THE STATE HAZARDOUS SUBSTANCE CONTROL FUND MAY RECEIVE 26
423423 MONEY IN ACCORDANCE WITH § 1–7A–04(B) OF THIS ARTICLE. 27
424424
425425 9–320. 28
426426
427427 (a) There is a Maryland Clean Water Fund. 29
428428 10 SENATE BILL 96
429429
430430
431431 (b) (1) The following payments shall be made into the Maryland Clean Water 1
432432 Fund: 2
433433
434434 [(1)] (I) All application fees, permit fees, renewal fees, and funds 3
435435 collected by the Department under this subtitle, including any civil or administrative 4
436436 penalty or any fine imposed by a court under the provisions of this subtitle; 5
437437
438438 [(2)] (II) Any civil penalty or any fine imposed by a court under the 6
439439 provisions of Title 5, Subtitle 5 of this article relating to water appropriation and use; 7
440440
441441 [(3)] (III) Any civil or administrative penalty or any fine imposed by a court 8
442442 under the provisions of Title 4, Subtitle 1 of this article; 9
443443
444444 [(4)] (IV) Any fees or funds that the Department collects under Subtitle 2, 10
445445 Part III of this title and §§ 9–269 and 9–270 of this title and any civil or administrative 11
446446 penalty or fine imposed by a court under the provisions of Subtitle 2 of this title; and 12
447447
448448 [(5)] (V) Any fees or funds that the Department collects under Subtitle 24 13
449449 of this title and any civil or administrative penalty or fine imposed by a court under the 14
450450 provisions of Subtitle 24 of this title. 15
451451
452452 (2) THE MARYLAND CLEAN WATER FUND MAY RECEIVE MONE Y IN 16
453453 ACCORDANCE WITH § 1–7A–04(B) OF THIS ARTICLE. 17
454454
455455 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 18
456456 October 1, 2024. 19