HOUSE BILL M3, C5 9lr2951 CF SB 4 By: Delegate Niemann Introduced and read first time: February 13, 2009 Assigned to: Environmental Matters

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1 HOUSE BILL 0 M, C lr CF SB By: Delegate Niemann Introduced and read first time: February, 0 Assigned to: Environmental Matters A BILL ENTITLED 0 AN ACT concerning Environment Permitting Process Environmental Justice Review FOR the purpose of providing that certain provisions of this Act do not apply to local governments seeking a certain permit; requiring a local government seeking a certain permit for a certain purpose to provide certain notice and hold a certain hearing, and to consider certain environmental justice issues; requiring the Department of the Environment, in consultation with the Commission on Environmental Justice and Sustainable Communities and the Department of Planning, to develop certain criteria and maps on or before a certain date; prohibiting the Department of the Environment from issuing or renewing certain permits until a permit applicant conducts an Environmental Justice Review except under certain circumstances; requiring the Department of the Environment to make certain determinations; requiring a permit applicant to submit certain information to the Department of the Environment under certain circumstances; establishing penalties for certain violations; repealing a certain term; altering a certain reporting requirement; defining certain terms; and generally relating to environmental justice in the State. BY renumbering Section 0 to be Section 0 Annotated Code of Maryland (0 Replacement Volume and 0 Supplement) BY adding to Section 0 through 0 Annotated Code of Maryland (0 Replacement Volume and 0 Supplement) EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law. *hb0*

2 HOUSE BILL BY repealing and reenacting, with amendments, Section 0 Annotated Code of Maryland (0 Replacement Volume and 0 Supplement) (As enacted by Section of this Act) SECTION. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, That Section(s) 0 of of the Annotated Code of Maryland be renumbered to be Section(s) 0. SECTION. AND BE IT FURTHER ENACTED, That the Laws of Maryland read as follows: 0. (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS INDICATED. (B) COMMISSION MEANS THE COMMISSION ON ENVIRONMENTAL JUSTICE AND SUSTAINABLE COMMUNITIES. (C) ENVIRONMENTAL JUSTICE MEANS THE FAIR TREATMENT AND MEANINGFUL INVOLVEMENT OF ALL PEOPLE REGARDLESS OF RACE, COLOR, OR INCOME WITH RESPECT TO THE DEVELOPMENT, IMPLEMENTATION, AND ENFORCEMENT OF ENVIRONMENTAL LAWS, REGULATIONS, AND POLICIES. (D) ENVIRONMENTAL JUSTICE REVIEW MEANS A WRITTEN REPORT THAT IS SUBMITTED TO THE DEPARTMENT, WHICH INCLUDES: () A DESCRIPTION OF THE PROPOSED ACTION; () A DESCRIPTION OF THE HISTORIC USES OF THE SITE OR FACILITY WHERE THE ACTION IS PROPOSED TO OCCUR; () A DEMOGRAPHIC PROFILE OF THOSE PERSONS LIVING IN PROXIMITY TO THE PROPOSED ACTION, INCLUDING THOSE PERSONS USING, WORKING, OR LIVING ON OR WITHIN A MILE RADIUS OF THE SITE OR FACILITY ON WHICH THE PROPOSED ACTION WILL OCCUR; () A DESCRIPTION OF POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS TO LAND, AIR, AND WATER RESOURCES WITHIN A MILE RADIUS OF THE SITE OR FACILITY ON WHICH THE PROPOSED ACTION WILL OCCUR;

3 HOUSE BILL () A DESCRIPTION OF POTENTIAL ADVERSE HUMAN HEALTH IMPACTS TO THOSE PERSONS USING, WORKING, OR LIVING ON OR WITHIN A MILE RADIUS OF THE SITE OR FACILITY ON WHICH THE PROPOSED ACTION WILL OCCUR; () A DESCRIPTION OF POTENTIAL ECONOMIC IMPACTS TO THOSE PERSONS USING, WORKING, OR LIVING ON OR WITHIN A MILE RADIUS OF THE SITE OR FACILITY ON WHICH THE PROPOSED ACTION WILL OCCUR; () A DESCRIPTION OF ANY POTENTIAL ADVERSE IMPACTS TO ENVIRONMENTALLY STRESSED COMMUNITIES CAUSED BY THE PROPOSED ACTION; AND () ANY PUBLIC EDUCATION OR COMMUNITY OUTREACH EFFORTS THAT THE APPLICANT IS PLANNING TO CONDUCT BEFORE, DURING, OR ON COMPLETION OF THE PROPOSED ACTION. (E) ENVIRONMENTALLY STRESSED COMMUNITY MEANS A MINORITY OR LOW INCOME COMMUNITY THAT BEARS A DISPROPORTIONATE SHARE OF THE NEGATIVE ENVIRONMENTAL CONSEQUENCES RESULTING FROM INDUSTRIAL, MUNICIPAL, AND COMMERCIAL OPERATIONS OR THE EXECUTION OF FEDERAL, STATE, OR LOCAL PROGRAMS AND POLICIES, AS DETERMINED BY THE DEPARTMENT IN CONSULTATION WITH THE COMMISSION. 0. (A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, THIS SUBTITLE DOES NOT APPLY IF THE APPLICANT SEEKING A PERMIT UNDER 0 OF THIS SUBTITLE IS A LOCAL GOVERNMENT. (B) A LOCAL GOVERNMENT SEEKING A PERMIT UNDER 0 OF THIS SUBTITLE FOR A PURPOSE OTHER THAN RENEWAL FOR AN EXISTING FACILITY SHALL: () PROVIDE PUBLIC NOTICE AND HOLD AT LEAST OBE PUBLIC HEARING ON THE PERMIT APPLICTION IS ACCORDANCE WITH THE LOCAL GOVERNMENT S PUBLIC HEARING AND NOTICE REQUIREMENTS; AND () CONSIDER ENVIRONMENTAL JUSTICE ISSUES RELATING TO THE PERMIT APPLICATION. 0.

4 HOUSE BILL ON OR BEFORE OCTOBER, 0, THE DEPARTMENT, IN CONSULTATION WITH THE COMMISSION AND THE DEPARTMENT OF PLANNING, SHALL DEVELOP CRITERIA AND MAPS THAT IDENTIFY ENVIRONMENTALLY STRESSED COMMUNITIES IN THE STATE. 0. (A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, THE DEPARTMENT MAY NOT ISSUE OR RENEW THE FOLLOWING PERMITS UNTIL THE PERMIT APPLICANT CONDUCTS AN ENVIRONMENTAL JUSTICE REVIEW: () AN AIR QUALITY CONTROL PERMIT TO CONSTRUCT ISSUED UNDER 0 OF THIS ARTICLE; () A PERMIT TO INSTALL, MATERIALLY ALTER, OR MATERIALLY EXTEND LANDFILL SYSTEMS, INCINERATORS FOR PUBLIC USE, OR RUBBLE LANDFILLS ISSUED UNDER OF THIS ARTICLE; () A PERMIT TO DISCHARGE POLLUTANTS TO WATERS OF THE STATE ISSUED UNDER OF THIS ARTICLE; () A PERMIT TO INSTALL, MATERIALLY ALTER, OR MATERIALLY EXTEND A STRUCTURE USED FOR STORAGE OR DISTRIBUTION OF ANY TYPE OF SEWAGE SLUDGE ISSUED, RENEWED, OR AMENDED UNDER. OR OF THIS ARTICLE; () A PERMIT TO OWN, OPERATE, ESTABLISH, OR MAINTAIN A CONTROLLED HAZARDOUS SUBSTANCE FACILITY ISSUED UNDER OF THIS ARTICLE; () A PERMIT TO OWN, OPERATE, OR MAINTAIN A HAZARDOUS MATERIAL FACILITY ISSUED UNDER 0 OF THIS ARTICLE; AND () A PERMIT TO OWN, OPERATE, ESTABLISH, OR MAINTAIN A LOW LEVEL NUCLEAR WASTE FACILITY ISSUED UNDER OF THIS ARTICLE. (B) THE DEPARTMENT MAY ISSUE OR RENEW A PERMIT LISTED UNDER SUBSECTION (A) OF THIS SECTION TO A PERMIT APPLICANT WHO HAS NOT CONDUCTED AN ENVIRONMENTAL JUSTICE REVIEW, IF THE DEPARTMENT DETERMINES, BASED ON THE MAPS DEVELOPED UNDER 0 OF THIS SUBTITLE, THAT THE PERMIT APPLICANT S FACILITY OR SITE IS NOT WITHIN A MILE RADIUS OF AN ENVIRONMENTALLY STRESSED COMMUNITY.

5 HOUSE BILL 0 0 (C) THE DEPARTMENT SHALL DETERMINE, BASED ON THE FINDINGS IN THE ENVIRONMENTAL JUSTICE REVIEW, WHETHER THE PROPOSED ACTION WILL DISPROPORTIONATELY AFFECT ENVIRONMENTALLY STRESSED COMMUNITIES. (D) IF THE DEPARTMENT DETERMINES THAT A PROPOSED ACTION WILL DISPROPORTIONATELY AFFECT AN ENVIRONMENTALLY STRESSED COMMUNITY, THE APPLICANT SHALL SUBMIT THE FOLLOWING TO THE DEPARTMENT BEFORE COMMENCING THE PROPOSED ACTION: () A LIST OF MULTIPLE ALTERNATIVE LOCATIONS ON WHICH THE PROPOSED ACTION COULD OCCUR; () A LIST OF MITIGATING ACTIONS THAT THE APPLICANT WILL CONDUCT TO OFFSET THE IMPACTS OF THE PROPOSED ACTION; AND () A LIST OF STRATEGIES AND ACTIONS THAT THE APPLICANT WILL CONDUCT TO EDUCATE AND INFORM MEMBERS OF THE ENVIRONMENTALLY STRESSED COMMUNITY OF THE PROPOSED ACTION. (E) A PERMIT APPLICANT WHO FAILS TO COMPLY WITH SUBSECTIONS (A) AND (D) OF THIS SECTION IS GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A FINE NOT EXCEEDING $0,000 FOR EACH VIOLATION OR IMPRISONMENT NOT EXCEEDING YEARS OR BOTH. 0. THE DEPARTMENT MAY ADOPT REGULATIONS TO IMPLEMENT THIS SUBTITLE. 0. (a) [In this section, environmental justice means equal protection from environmental and public health hazards for all people regardless of race, income, culture, and social status. (b)] There is a Commission on Environmental Justice and Sustainable Communities. [(c)] (B) The Commission consists of the following members: 0 () One member of the Senate of Maryland, appointed by the President of the Senate;

6 HOUSE BILL 0 () One member of the House of Delegates, appointed by the Speaker of the House; () The Secretary, or the Secretary s designee; designee; () The Secretary of Health and Mental Hygiene, or the Secretary s () The Secretary of Planning, or the Secretary s designee; and () Ten members appointed by the Governor who represent the following interests: 0 (i) (ii) (iii) (iv) (v) Affected communities concerned with environmental justice; Business organizations; Environmental organizations; Health experts on environmental justice; Local government; and (vi) The general public with interest or expertise in environmental justice. [(d)] (C) () The term of a member appointed by the Governor is years. () At the end of a term, a member continues to serve until a successor is appointed and qualifies. () A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies. terms. () A member may not be appointed to more than two consecutive [(e)] (D) [(f)] (E) The Governor shall designate the chairman of the Commission. The Department shall provide staff for the Commission. [(g)] (F) () The Commission shall meet at the times and places that the chairman determines. () A majority of members of the Commission shall constitute a quorum for the transaction of business.

7 HOUSE BILL 0 () A member of the Commission: (i) May not receive compensation; but (ii) Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget. [(h)] (G) The Commission shall: 0 () Advise State government agencies on environmental justice and related community issues; () Review and analyze the impact of current State laws and policies on the issue of environmental justice and sustainable communities; () Assess the adequacy of State and local government laws to address the issue of environmental justice and sustainable communities; () Coordinate with the Children s Environmental Health and Protection Advisory Council on recommendations related to environmental justice and sustainable communities; () Develop criteria to assess whether communities in the State may be experiencing environmental justice issues; and () Recommend options to the Governor for addressing issues, concerns, or problems related to environmental justice that surface after reviewing State laws and policies, including prioritizing areas of the State that need immediate attention. [(i)] (H) On or before October of each year, the Commission shall report its findings and recommendations to the Governor and, subject to of the State Government Article, the General Assembly. SECTION. AND BE IT FURTHER ENACTED, That the Commission on Environmental Justice and Sustainable Communities shall include in its annual report an update of the implementation of this Act, including any policy or legislative recommendations for the General Assembly s consideration. SECTION. AND BE IT FURTHER ENACTED, That this Act shall take effect October, 0.