Environmental Justice Digest - 2018 MARYLAND GENERAL ASSEMBLY ENVIRONMENTAL JUSTICE LEGISLATIVE TEAM - Maryland Environmental Health Network
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Environmental Justice Digest 2018 MARYLAND GENERAL ASSEMBLY ENVIRONMENTAL JUSTICE LEGISLATIVE TEAM
Environmental Justice Digest
OVERVIEW
What is Environmental Justice? The US Environmental Protection Agency has
identified its role in advancing environmental justice through its definition of fair
treatment and meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development, implementation, and
enforcement of environmental laws, regulations, and policies.
However, in our experience communities seeking environmental justice are
looking for three things:
Equity in the distribution of benefits and burdens among all Marylanders.
Access to decision makers at a time when their actions can inform a process
rather than provide observations on the impact of an action.
Justice is the realization of the highest potential of each and all without the
weight of structural barriers or biases."
The purpose of the Environmental Justice Digest is to analyze various House and
Senate Bills from the Maryland General Assembly through an environmental
justice lens. Each Bill featured was selected to highlight its impacts on the health
and environments of all Marylanders, with particular emphasis on the most
vulnerable.
Maryland needs proactive, upstream solutions in policymaking and regulations,
developed in authentic partnership with impacted community members. Through
this we can build towards a healthier, more equitable future.
Page 1
Environmental Justice Digest
TABLE OF CONTENTS
HB 0026 & SB 0133 Page 4
Community Healthy Air Act
HB 0304 & SB 0801 Page 5
Environment - Reduction of Lead Risk in
Housing - Elevated Blood Lead Levels
HB 0183 Page 6
Prince George's County Environmental Justice
Commission PG 411-18
HB 0535 & SB 0407; HB 0744 & SB 0850 Page 7
Complete Streets Policy - Establishment &
Adoption
HB 0538 & SB 0651 Page 8
Environment - Expanded Polystyrene Food
Service Products - Prohibition
HB 0766 & SB 0610 Page 9
Natural Resources - Forest Conservation Act -
Standards and Requirements
HB 0715 Page 10
Public Service Commission - Application for a
Certificate of Public Convenience and
Necessity - Public Notice and Hearing
HB 1632 & SB 1142 Page 11
Public Service Commission - Application for a
Certificate of Public Convenience and
Necessity - Rapid Health Impact Assessment
Requirement
HB 0716 & SB 0266 Page 12
Mortality Rates of African American Infants
and Infant in Rural Areas - Study
HB 1443 Page 13
Public Health - Asthma Hot Spot Elimination
Grant Program
Page 2Environmental Justice Digest
TABLE OF CONTENTS
HB 1126 Page 14
Public Service Commission - Application for Certificate of
Public Convenience and Necessity - Criteria to Consider
HB 1381 Page 15
Environmental Violations – Reporting Requirements
HB 1236/SB 0879 Page 16
Solar Energy Grant Program - Revisions
HB 1826 Page 17
Environment – Water Pollution Control – Water Quality
Certification
HB 1350/SB 1006 Page 18
Sea Level Rise Inundation and Coastal Flooding –
Construction, Adaptation, and Mitigation
HB 0993/SB 0898 Page 19
Maryland Pension Climate Change Risk Act
SB 1236 Page 20
Public Private Partnerships – Transportation Facility
Projects – Environmental Impact Statement
HB 0003 / SB 0138 Page 21
Environment - U.S. Climate Alliance - Membership
HB 0230/SB 0290 Page 22
Regional Greenhouse Gas Initiative - Withdrawal -
Legislative Approval Required (Regional Greenhouse Gas
Initiative Extension Act
HB 0479 / SB 1066 Page 23
Juvenile Law - Lead Testing and Behavioral Health
Assessment
Page 3Environmental Justice Digest
COMMUNITY HEALTHY AIR ACT
HB0026/SB0133
Sponsors: Del. R. Lewis, Del. Robinson, Sen. Madaleno, Sen. Carter Conway, Sen. Kagan, Sen.
Kelley, Sen. Lee, Sen. Mano, Sen. Nathan-Pulliam, Sen. Pinsky, Sen. Smith, Sen. Young.
BACKGROUND EJ ISSUES
This bill required the Maryland
Department of Environment to quantify Equity: Local populations do not have
and assess air quality. A committee will local air monitoring specific to the
be formed to create a sampling and conditions on the Eastern Shore. Air
monitoring program for pollutants pollution monitoring in the region is not
emitted by large nonspecific animal sufficient.
feeding operations. The results of this air
monitoring program will be used to
assess any potential environmental
Access: Local populations are not a
health risks.
part of a zoning process that
Concentrated animal feeding operations considers how close a CAFO is to a
(CAFOs) cause and compound residential area.
environmental and public health
problems for communities located
nearby. Health impacts range from
water contamination to air pollution. Justice: While it is common knowledge
Recently, CAFOs have rapidly increased that industrial chicken farms emit
in size and number on Maryland’s harmful air pollutants, local populations
Eastern Shore. In Worchester County do not know how much this pollution is
and Somerset County CAFOs house affecting their health or nearby
over 14 million chickens. These counties waters, including the Chesapeake Bay.
have the highest racial/ethnic minority
populations in the Eastern Shore.
Page 4Environmental Justice Digest
ENVIRONMENT - REDUCTION OF LEAD RISK IN HOUSING –
ELEVATED BLOOD LEAD LEVELS
HB0304/SB0801
Sponsors: Del. Lewis, R., Del. Lierman, Del. Anderson, Del. Conway, Del. Hayes, Del. Rosenberg, Sen.
Oakes, Sen. Carter Conway, Sen. McFadden, Sen. Nathan-Pulliam, Sen. Robinson.
BACKGROUND EJ ISSUES
Equity: Rental housing is the worst for the
The Centers for Disease Control and
most vulnerable. There are more families of
Prevention set a threshold blood lead
color living in older housing with existing
level of 5 micrograms to protect the
lead conditions than white families. More
health of children, but Maryland law
black children are exposed.
does not require action until children
have been exposed to double the
threshold—10 micrograms. In 2016,
2,084 Maryland children had blood lead Justice: Lead exposure can become a
levels at 5 micrograms or higher. There preexisting condition that magnifies the
is no safe level of lead exposure and the harm of other environmental conditions.
effects of lead poisoning are Lead exposure causes cognitive
irreversible. This bill aligns the threshold impairment, biological, and neurological
for harm in Maryland with the CDC deficiencies which combined with stress
threshold to protect as many children as related health issues, such as hypertension,
possible. can significantly decrease quality of life
and lifespan of those exposed.
Environmental exposure and the resulting
health disparities are a toxic intersection
of race, poverty and proximity
Access: Treatment after exposure only
in Maryland.
mitigates harm which is irreversible and
lasts a lifetime. Prevention is the cheapest
and easiest therapeutic response.
Page 5Environmental Justice Digest
PRINCE GEORGE'S COUNTY
ENVIRONMENTAL JUSTICE COMMISSION PG 411-18
HB0183
Sponsors: Del. Angel (Prince George's County Delegation)
BACKGROUND EJ ISSUES
This bill proposed the establishment of a Justice: Toxics Intersectionality—The
Prince George's County Environmental residents of Prince George’s County are
Justice Commission to provide a study the hub for air pollutants connected to
and make recommendations regarding several sources working in concert
environmental justice issues and other including trash incineration and gas-fired
matters. The Commission would report power plants, toxic dumping, food deserts,
its findings and recommendations to the and noise/odor pollution, among others.
Prince George's County House
Delegation.
Equity & Access: Residents and
environmental justice advocates have
campaigned for systemic solutions focused
on zoning impacts, transparency and
notification as an issue of equity and for
the sake of their health.
Page 6Environmental Justice Digest
COMPLETE STREETS POLICY – ESTABLISHMENT & ADOPTION
HB535/SB0407 & HB0744/SB0850
Sponsors: Del. Lierman, Sen. Guzzone, Del. Lafferty, Sen. Mathias, Del. Ali, Del. Angel. Del. Clippenger,
Del. Ebbersole, Del. Fraser-Hidalgo, Del. Hettleman, Del. Hill, Del. Howard. Del. Korman, Del. R. Lewis,
Del. J. Lewis, Del. Luedtke, Del. Morhaim, Del. Platt., Del. Sanchez, Del. Young, Sen. Astle, Sen. Benson,
Sen. Currie, Sen. Ferguson, Sen. Madeleno, Sen. Ramirez, Sen. Young, Sen Zucker.
BACKGROUND EJ ISSUES
This bill required implementation of
Access: Residents without access to
complete streets design features
safe streets, sidewalks, parks, and
(including sidewalks, crosswalks,
reliable transportation options are
protected bicycle lanes, and bus access
more likely to develop chronic
measures) in constructing state roads
disease at an earlier stage of life.
and other state transportation projects.
This bill promotes multi-modal
transportation and healthy and walkable
communities. Equity: There is a lack of equity in
applying this policy across all Maryland
neighborhoods. This inequity is a
function of historically redlining and
reverberates into neighborhood
planning and investment today.
Justice: The lack of safe and complete
streets drives the disparities between
Blacks and Whites in healthy conditions
including physical activity, nutrition,
and access.
Page 7Environmental Justice Digest
ENVIRONMENT - EXPANDED POLYSTYRENE FOOD SERVICE PRODUCTS – PROHIBITION
HB0538/SB0651
Sponsors: Sen. Kagan, Del. Lierman, Del. Barkley, Del. Barnes, Del. Brooks, Del. Carr, Del. Cullison, Del.
Ebersole, Del. Fennell, Del. Fraser-Hidalgo, Del. Frush, Del. Gaines, Del. Guttierrez, Del. Hayes, Del.
Hettleman, Del. Hixson, Del. Kelly, Del. Korman, Del. Lafferty, Del. R. Lewis, Del. J. Lewis, Del. Luedtke,
Del. McIntosh, Del. Moon, Del. Morhaim, Del. Mosby, Del. Platt, Del. Proctor. Del.Queen, Del. Robinson,
Del. Rosenberg, Del. Sanchez, Del. Stein, Del. Tarlau, Del. Waldstreicher, Del. M. Washington, Del.
Wilkins Sen. Benson,Sen. Brochin, Sen. Currie, Sen. Feldman, Sen. Guzzone, Sen. Kelley, Sen. King, Sen.
Lee, Sen. Madaleno, Sen. Manno, Sen. Muse, Sen. Nathan-Pulliam, Sen. Peters, Sen. Pinsky, Sen.
Ramirez, Sen. Robinson, Sen. Rosapepe, Sen. Smith, and Sen. Young
BACKGROUND EJ ISSUES
This bill proposed a phase out of the Justice: EPS is a cheap and readily
use of expanded polystyrene (EPS) in available option for businesses, however
food service businesses and institutions its permanence means it is not easily
in the next two years. This bill also disposed of and can become lifetime litter
prohibited the selling of EPS products in in under resourced cities of Maryland.
retail. Litter devalues the neighborhood and
contributes to the feeling of devaluation
Polystyrene foam containers can have
in people within those neighborhoods.
synergistic negative impacts on human
health, Maryland’s waterways and
ecosystem. Polystyrene foam contains
cancer-causing chemicals that may Equity: While some counties such as
leach into food and bioaccumulate in Montgomery and Prince George’s County
aquatic life which are consumed by have banned polystyrene use, the state
humans. of Maryland has yet to take the initiative
to protect all Marylanders in every
county from the harm from polystyrene.
Page 8Environmental Justice Digest
NATURAL RESOURCES - FOREST CONSERVATION ACT - STANDARDS AND REQUIREMENTS
HB0766/SB0610
Sponsors: Sponsors: Del. Healey, Del. Barkley, Del. Carr, Del. Fraser-Hidalgo, Del. Frush, Del. Hayes,
Del. Hettleman, Del. Hill, Del. Jone, Del. Korman, Del. Lafferty, Del. Lam, Del. Lewis, R, Del. Lierman, Del.
Luedtke, Del. McIntosh, Del. Morales, Del. Pena-Melnyk, Del. Reznik, Del. Robinson, Del. Turner, Del.
Young, P, Sen. Young, Sen. Benson, Sen. Conway, Sen. Currie, Sen. Feldman, Sen. Ferguson, Sen.
Guzzone, Sen. Kagan, Sen. Kelley, Sen. King, Sen. Lee, Sen. Madaleno, Sen. Nathan-Pulliam, Sen.
Pinsky, Sen. Ramirez, Sen. Robinson, Sen. Zucker
BACKGROUND EJ ISSUES
Maryland has committed to increase Equity & Access: Research on the natural
forest land by passing The Forest environment and health disparities, by race
Conservation Act (FCA) in 1991. and ethnicity, shows the unequal health
However, as currently written, the outcomes that correlate to lack of access to
FCA does not implement the policy green spaces. Lack of greenspaces are key
recommendations provided by a task indicators of poor health in communities of
force. This bill provided a clear color.
definition of ecologically important
areas and outlined partnerships and
planning criteria for forest retention.
Page 9Environmental Justice Digest
PUBLIC SERVICE COMMISSION - APPLICATION FOR A CERTIFICATE
OF PUBLIC CONVENIENCE AND NECESSITY -
PUBLIC NOTICE AND HEARING
HB0715
Sponsors: Del. R. Lewis
BACKGROUND EJ ISSUES
Marylanders are more likely to achieve health Equity: Residents want and deserve equal
and longevity when we live in environments of access to information about matters
clean air and water, strong local economies,
governed by the PSC. As nonprofessional
and meaningful community engagement in
policy-making. Communities including Lusby,
stakeholders, the public facing website
Solomons, Brandywine, Accokeek, Cove Point, should be easy to understand by anyone
Baltimore, and Howard County have been whose interest is implicated by the process.
exposed to air pollution among other negative
environmental health impacts of energy
infrastructure, with little notice or transparency Access: Websites are commonplace
of the process. For years, the PSC approved
communication tool. Residents and
Certificates for Public Convenience and
community stakeholders should be able to
Necessary without informing stakeholder
communities, subjugating low-income, rural search the PSC website for information
communities, and communities of color to air about where they live using information
pollution they already possess. This bill requests a
This bill offers commonsense improvements to website, searchable by county, and
a public process and increases transparency proposes an opt in telephone system which
on matters before the Public Service allows residents to have modern
Commission (PSC). Maryland residents have notification about relevant happenings.
voiced concern about the ability to access and
understand the PSC’s process for granting
permits for new facilities, seeking public
information about the public filings for Justice: The quasi legal nature of the PSC
activities that can have the potential to harm website design is an unnecessary challenge
the air, water, soil and overall health of to residents who have every right to
nearby communities.
participate in matters impacting them.
Page 10Environmental Justice Digest
PUBLIC SERVICE COMMISSION – CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY – RAPID HEALTH IMPACT ASSESSMENT REQUIREMENT
HB1632/SB1142
Sponsors: Del. Lewis, R., Del. Lam, Del. Hill, Sen. Nathan-Pulliam
BACKGROUND EJ ISSUES
This bill proposed that the health of Equity: Infrastructure permits for
residents should be considered as a activities consider the environmental
matter of standard practice at the impacts of an action, as well as the
Public Service Commission (PSC). aesthetic impact, the historical significance
HB1632 would require a rapid health and other factors. However, that
impact assessment on proposed information is of limited use if it fails to
infrastructure development outlined in a connect to the health impacts of the same
certificate of public convenience and activities.
necessity (CPCN), including any major
modifications to existing projects as well
as applications for licenses for gas Access: Communities should not have to
services. This would allow the PSC to raise funds or partner with academic
determine if a proposed project is likely institutions to determine whether or not
to have any impact on the health of action by a private entity will impact their
residents where the activity will occur health. Applicants to the PSC are in the
and considers preexisting conditions best position to examine and identify the
facing those communities. costs of a proposed activity.
Justice: Communities deserve to know
what’s going on where they live
Page 11Environmental Justice Digest
MARYLAND HEALTH CARE COMMISSION – MORTALITY RATES OF AFRICAN
AMERICAN INFANTS AND INFANTS IN RURAL AREAS – STUDY
HB0716/SB0266
Sponsors: Sen. Nathan-Pulliam, Del. R. Lewis, Sen. Benson, Sen. Ferguson, Sen. Guzzone, Sen. Kelley,
Sen. McFadden, Sen. Ramirez, Sen. Robinson, Sen. Young, Sen. Astle, Sen. Feldman, Sen. Jennings,
Sen. Hershey, Sen. Klausmeier, Sen. Mathias, Sen. Middleton, Sen. Oaks, Sen. Reilly, Sen. Rosapepe
BACKGROUND EJ ISSUE
This bill proposed the requirement of the Access: Rural population health is on the
Maryland Health Care Commission, in decline with specific challenges for the
consultation with the Office of Minority most vulnerable. Rural resident
Health and Health Disparities and communities have the right to data on
interested stakeholders, to conduct a these issues.
study on the mortality rates of African
American infants and infants in rural
areas. This bill also proposed that the
Commission examine certain factors,
and report its findings and
recommendations, including draft
legislation establishing a permanent
council on infant mortality in the State,
to certain committees of the General
Assembly by June 30, 2019.
Page 12Environmental Justice Digest
PUBLIC HEALTH - ASTHMA HOT SPOT ELIMINATION GRANT PROGRAM
HB1443
Sponsors: Del. Flanagan
BACKGROUND EJ ISSUE
Establishing the Asthma Hot Spot Justice: Asthma is one of the leading
Elimination Grant Program to award chronic childhood diseases. Maryland
grants to organizations, including research links stress with respiratory health
nonprofit organizations, hospitals, and – long term stress is linked to asthma
health care facilities, to develop and symptoms in both adolescents and adults.
implement programs aimed at reducing Long Term stress can weaken bodily
or eliminating asthma hot spots. These immune functions and increase pollution
programs help identify underlying susceptibility.
environmental contributors to the onset
of childhood asthma. This bill will help
address such as air quality, housing,
and other environmental health
hazards.
Page 13Environmental Justice Digest
PUBLIC SERVICE COMMISSION - APPLICATION FOR CERTIFICATE OF
PUBLIC CONVENIENCE AND NECESSITY
HB 1126
Sponsors: Del. Lisanti, Del. Impallaria
BACKGROUND EJ ISSUE
Requiring the Public Service Commission to take Equity: This bill creates consideration of existing
final action on a certain application for a jurisdictional, comprehensive zoning, and opportunity for
certificate of public convenience and necessity local knowledge, understanding, and stakeholder
only after due consideration of the effect of a engagement to inform PSC evidentiary matters. The
generating station, an overhead transmission incorporation of the necessary PJM and FERC authorities
line, or a qualified generator lead line on air creates regional obligations to act in harmony with the
quality and water pollution, rather than the Maryland practice
effect of the generating station, overhead
transmission line, or qualified generator lead line Access: For Maryland jurisdictions engaged with their
on air and water pollution when applicable; etc. local offices of sustainability or an equivalent, this measure
is an added value. For those without comprehensive local
This bill considers zoning and comprehensive planning, there are no levers where this benefit can be
planning, prospective overhead transmission achieved which may create a local opportunity for
and alternative routes and considerations and development of inclusive planning measures.
compliance with Federal Energy Regulatory
Commission (FERC) obligations for obligation Justice: The original bill’s alignment with statewide
and transmission and relevant agreements greenhouse gas emissions would have been a positive
related to the regional transmission step towards taking the full market picture of emissions
organization (RTO) that coordinates the into account. However, the power of this kind of tracking
movement of wholesale electricity in all or parts is in the synergy between local planning and statewide
of Delaware, Illinois, Indiana, Kentucky, monitoring, which together could have considered
Maryland, Michigan, New Jersey, North hotspots in the state where human health impacts are
Carolina, Ohio, Pennsylvania, Tennessee, especially troubled, where air quality and water pollution
Virginia, West Virginia and the District of are just a part of the picture of endangered local health.
Columbia.
Page 14Environmental Justice Digest
ENVIRONMENTAL VIOLATIONS – REPORTING REQUIREMENTS
HB 1381
Sponsors: Del. Lafferty
BACKGROUND EJ ISSUE
Requiring certain jurisdictions to report Equity: The bill as proposed would have
to the Department of the Environment allowed for citizen complaints of violations
on certain information relating to the to 100-year floodplain ordinances, as well
number of cases alleging violations of as sensitive and critical area violations to
certain laws, regulations, ordinances, be considered among other reporting
and permits on or before January 1 each mechanisms including legal, regulatory
year; and requiring the Department to infractions. This would have given an
report to the Governor and the General equal voice in the institutional process to
Assembly on or before March 1 each vulnerable populations experiencing
year. abuses.
Page 15Environmental Justice Digest
SOLAR ENERGY GRANT PROGRAM - REVISIONS
HB 1236/SB 0879
Sponsors: Del. Clippinger, Sen. Feldman, Del. Brooks
BACKGROUND EJ ISSUE
Altering the maximum grant amount that Equity: Under the bill proposal Solar Energy Grants would
have been made more accessible to support clean and
the Maryland Energy Administration
renewable energy for individuals making between $21,245
may award to certain properties under to $74,165 annually for a family of eight, that would also be
the Solar Energy Grant Program; considered low income in the state. To qualify as moderate
income the household income must not exceed $55,418., in
prohibiting the Administration from the case of any overlap the lower of the two numbers
denying a grant application for a certain would have been considered.
property except under certain
circumstances; and establishing the Access: The bill as proposed would have provided grants to
individuals, local governments, and added nonprofit
maximum grant amount of $3,000 for a
organizations, and third parts solar project owners and
building with not more than 5 dwelling businesses to the category of acceptable applicants for a
units. portion of the costs of acquiring and installing photovoltaic
property. The bill also includes properties regardless of age
or status as a historic place. The bill provided caps to
Proposed Solar Energy Grants would properties that do not serve low to moderate income
have been made more accessible to residents. Further, the bill provided lower cost support for
more densely populated housing serving low to moderate
support clean and renewable energy
income to incent increased participation of low to moderate
for individuals making between $21,245 income Marylanders.
to $74,165 annually for a family of eight,
that would also be considered low Justice: Overall, this bill proposed to expand the category
income in the state. To qualify as of Marylanders served by the states capacity to increase
solar, and created pathways to incent this benefit for
moderate income the household income populations not being reached by current programming.
must not exceed $55,418., in the case of Thereby creating opportunities for participation across
income, and ownership status in the state
any overlap the lower of the two
numbers would have been considered.
Page 16Environmental Justice Digest
ENVIRONMENT – WATER POLLUTION CONTROL – WATER QUALITY
CERTIFICATION
HB 1826
Sponsors: Del. Robinson
BACKGROUND EJ ISSUE
Requiring the Department of the Access: Adding that water quality
Environment to submit a certain certification expressly consider
notification to certain federal agencies certification under section 401 of the Clean
and conduct a certain independent Water Act provides for consideration of
review on receipt of a certain human health impacts by inclusion of
application for a water quality discharge, effluent and other treatments
certification for a project involving karst of navigable waters of the united states,
terrain; prohibiting the Department from aligning the standards with federal
voluntarily waiving its authority to authority. The bill as proposed also
review the application; requiring the provided for public input which is
Department to consider certain factors particularly important for human health
when reviewing the application; considerations in the presence of sensitive
requiring the Department to hold a geology where aquifer stores are likely to
public hearing for certain purposes; etc. be impacted.
The porosity of Karst terrain makes
water that passes through it Justice: All Marylanders deserve
particularly vulnerable to consistent preservation of and access to
contamination, through holes, sinkholes, clean and safe water.
and other pores.
Page 17Environmental Justice Digest
SEA LEVEL RISE INUNDATION AND COASTAL FLOODING – CONSTRUCTION,
ADAPTATION, AND MITIGATION
HB 1350/SB 1006
Sponsors: Stein, Del. Barve, Del. Fraser–Hidalgo, Del. Frush, Del. Gilchrist, Del. Healey,
Del. Morhaim, Del. Robinson, Del. Holmes, Sen. Pinsky
BACKGROUND EJ ISSUE
Equity: The threat of severe weather events,
Altering the definition of the term "Coast
such as flooding, as a consequence of climate
Smart" relating to the application of
change is especially grave for vulnerable
construction practices to highway facilities that
communities. This bill does not implicate projects
seek to minimize the impact of sea level rise
where less than half of the cost is borne by the
and coastal flooding; requiring the Board of
state or for design or construction of small
Public Works, in conjunction with the
projects under $500,000 which could be a barrier
Department of Natural Resources, the
for hyper local flooding related to climate change.
Department of the Environment, and the
Maryland Emergency Management Agency, to
Access: The bill increases application of smart
establish criteria to evaluate whether State
planning to avoid flooding and inundation to
funds may be used to mitigate certain hazards
various highway infrastructure which might
associated with sea level rise inundation and
otherwise be overlooked as an externality of
coastal flooding; etc.
planning for nuisance flooding mitigation. This bill
Climate Change poses a variety of severe adds personnel from the state treasury to
weather events that requires preventative collaborative planning to increase consideration
action in order to reduce damages to of long term infrastructure to discussion of
communities. This bill will encourage inclusive coastal flooding damage.
design, planning and collaboration across
agencies responsible for discrete parts of Justice: In order for this bill to have impacts at
mitigation. The original bill required that the local level the collaboration of relevant state
landowners aware of coastal flooding issues secretaries should include ongoing public
on their property must make purchases aware. comment with explicit participation from
This provision was struck in subsequent communities within the footprint of these actions.
amendments. Otherwise, communities that do not have
adequate infrastructure, because of inequitably
distributed development, face the burden of
experiencing health challenges due to large
flooding events. Page 18Environmental Justice Digest
MARYLAND PENSION CLIMATE CHANGE RISK ACT
HB 0993/SB 0898
Sponsors: Del. Korman, Del. Frick, Del. Gilchrist, Del. Hill, Del. Jalisi, Del. Lam, Del. Luedtke, Del.
McCray, Del. Morhaim, Del. Platt, Del. Stein, Del. Valderrama, and Del. Sen. Guzzone
BACKGROUND EJ ISSUE
Requiring that, consistent with certain
Equity: The inclusion of climate risk as a matter of
fiduciary duties, the investment policy
viability of investments made by state employees
manual adopted by the Board of allows for those dollars to act as a form of speech
Trustees for the State Retirement and for participants who will have the ability to choose
Pension System include certain policies whether to invest their dollars in technology,
and address certain details regarding practice or industry that supports their position on
the management of climate risks in the climate change.
investment of State Retirement and
Pension System assets; requiring the Access: The bill establishes that climate risk
Board of Trustees to conduct or assessments, voting by proxy and other issues of
commission a climate risk assessment of representation be made known to the larger public
the investments of the several systems of Marylander by publishing relevant dates and
by January 31, 2019, and every 4 years deadlines to the State Retirement Agency
Website. This is a win for transparency and
thereafter; etc.
notification, which is key to meaningful
engagement.
The likely impacts of climate change are
in large part driven by economic
Justice: Overall, the shift to consideration of
investments made by the state from
climate in investment procedure is a win for market
infrastructure to investiture. This bill is participants who have previously had less agency
leveraging the power to point pension about what their retirement dollars support. This
vehicles, which is powered by the people action brings Maryland into parity with other
of the state, towards plans that consider jurisdictions looking at the climate impacts of
climate risk. This would create an investment and divestment activity.
incentive for activity that minimizes it. Page 19Environmental Justice Digest
PUBLIC PRIVATE PARTNERSHIPS – TRANSPORTATION FACILITY
PROJECTS – ENVIRONMENTAL IMPACT STATEMENT
SB 1236
Sponsors: Chair, PSTE Subcommittee, Budget and Taxation Comm
BACKGROUND EJ ISSUE
Requiring the reporting agency for Equity: Given the state’s well documented
certain transportation facility projects to plans to expand transportation, and the
submit a draft environmental impact related impacts on environment posed by
statement that complies with the multimodal transit and related
National Environmental Policy Act to the infrastructure, the inclusion of a more
Comptroller, the State Treasurer, the robust environmental review that looks at
budget committees, and the Department human health impacts provides a greater
of Legislative Services at least 45 days chance for vulnerable communities to have
before requesting that the Board of meaningful engagement in transportation
Public Works designate a public-private planning by way of providing expertise on
partnership; etc local impacts to health..
Under the relevant guidelines certain
federal actions may be categorically
excluded from a full environmental
diagnostic of human health impacts, and
a more limited environmental assessment
would be substituted. Under this
proposal a draft, long form,
environmental impact assessment would
have been required to be produced with
45 days before designation as a public
private partnership by the board pf
public works. Page 20Environmental Justice Digest
ENVIRONMENT – US CLIMATE ALLIANCE – MEMBERSHIP
HB 0003/SB 0138
Sponsors: Del. Stein, , Del. Barve, Del. Beidle, Del. Carr, Del. Flanagan, Del. Fraser–Hidalgo, Del. Frush, Del. Gilchrist, Del.
Healey, Del. Holmes, Del. Jalisi, Del. Lafferty, Del. Robinson, Sen. Conway, , Sen. Miller, Sen. Benson, Sen. Brochin, Sen.
Feldman, Sen. Ferguson, Sen. Guzzone, Sen. Kagan, Sen. Kasemeyer, Sen. Kelley, Sen. King, Sen. Klausmeier, Sen. Lee,
Sen. Madaleno, Sen. Manno, Sen. McFadden, Sen. Oaks, Sen. Peters, Sen. Ramirez, Sen. Robinson, Sen. Rosapepe, Sen.
Smith, Sen. Young, Sen. Zirkin, Sen. Zucker
BACKGROUND EJ ISSUE
Requiring the Governor to include the Justice: All Marylanders benefit from
State as a member of the U.S. Climate consistent participation and leadership on
Alliance on or before July 1, 2018; national Climate Action. As the most
prohibiting the Governor from vulnerable are subject to the dangers
withdrawing the State from the U.S. associated with climate change, it is
Climate Alliance unless the General important to signal support on actions that
Assembly enacts a law approving the set the stage for policies that mitigate
withdrawal; and requiring the Governor climate change impacts and out Maryland
to report to certain committees of the on the path to a better environment for
General Assembly on or before all.
December 1 each year, beginning on or
before December 1, 2018, on any
collaborations among Alliance members
and any policies or programs that the
Alliance has endorsed or undertaken.
Page 21Environmental Justice Digest
REGIONAL GREENHOUSE GAS INITIATIVE - WITHDRAWAL - LEGISLATIVE
APPROVAL REQUIRED (REGIONAL GREENHOUSE GAS INITIATIVE
EXTENSION ACT)
HB 0230/SB 0290
Del. Korman, Del. Barkley, Del. Barve, Del. Brooks, Del. Chang, Del. Clippinger, Del. Dumais, Del.
Fennell, Del. Flanagan, Del. Fraser-Hidalgo, Del. Frick, Del. Gilchrist, Del. Glenn, Del. Gutierrez, Del.
Healey, Del. Hettleman, Del. Hill, Del. Jones, Del. Kaiser, Del. Kramer, Del. Krimm, Del. J. Lewis, Del.
R. Lewis, Del. Lierman, Del. Luedtke, Del. McIntosh, Del. A. Miller, Del. Moon, Del. Morhaim, Del. Pena-
Melnyk, Del. Pendergrass, Del. Platt, Del. Reznik, Del. Robinson, Del. Rosenberg, Del. Stein, Del.
Tarlau, Del. Turner, Del. Valderrama, Del. Waldstreicher, Del. K. Young, , Sen Pinsky, Sen. Rosapepe,
Sen. Madaleno, Sen. Manno, Sen. Peters, Sen. Smith
BACKGROUND EJ ISSUE
Altering the circumstances under which Justice: This Bill would provide equity in
the State may withdraw from the the process for deciding whether or not
Regional Greenhouse Gas Initiative by the state participates in significant energy
requiring the General Assembly to enact programming that brings revenue to the
a law approving the withdrawal. state; by creating a check and balance
between the executive and legislature.
Page 22Environmental Justice Digest
JUVENILE LAW - LEAD TESTING AND BEHAVIORAL HEALTH ASSESSMENT
HB 0479/SB 1066
Sponsors: Del Mosby, Drl. Ali, Del. Angel, Del. Barron, Del. Gibson, Del. Hettleman, Del. J. Lewis, Del.
Morales, Del. Proctor, Del. Queen, Del. Sanchez Sen Conway, Sen. Pinksy
BACKGROUND EJ ISSUE
Requiring, instead of authorizing, the Equity: Lead exposure is inequitably
juvenile court to order a child to distributed due to poor housing stocks and
undergo blood lead level testing if the municipal infrastructure. This a specific
child's parent or guardian consents; burden on people of color and the poor
requiring, instead of authorizing, the across populations. Therefore, the resulting
juvenile court to direct the Department neurological defects that can cause
of Juvenile Services or another qualified behavioral issues in children burden the
agency to make a certain study same communities, and at the genetic level
concerning the child; requiring that, as the defects can interfere with capacity to
part of the study, the Department achieve longevity and lifetime health.
conduct a comprehensive behavioral
health assessment of the child; etc
Access: Gathering data to determine the
Lead poisoning has negative, lifetime associations between lead exposure and
health impacts on children, the least of juvenile delinquency will help create the
which are neurological and cognitive interventions needed to support good
defects. health and social justice.
Page 23Environmental Justice Digest
WANT TO JOIN THE
ENVIRONMENTAL JUSTICE
LEGISLATIVE TEAM?
The Environmental Justice Legislative
Team works together to magnify community
voices through the legislative process to address
environmental inequities in Maryland.
Join The Environmental Justice Legislative
Team Calls!
Calls Meet Bi-weekly During Legislative
Session on Mondays from 3:30pm-4:30pm
(712)775-7031
Code: 776998
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