Environmental Permits - Requirements for Burden Analysis, Issuance and Renewal, and Public Participation (Cumulative Harms for Environmental Restoration for Improving Shared Health - CHERISH Our Communities Act)

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1268*

HOUSE BILL 1268
M3 6lr1546
CF SB 781
By: Delegates Behler, Acevero, Addison, Allen, Amprey, Bartlett, Boafo,
Charkoudian, Coley, Foley, Fraser –Hidalgo, Holmes, Ivey, A. Johnson,
S. Johnson, D. Jones, Lehman, Lewis, McCaskill, Pasteur, Phillips, Rogers,
Ross, Ruff, Ruth, Smith, Taveras, Wilkins, and Williams
Introduced and read first time: February 12, 2026
Assigned to: Environment and Transportation

A BILL ENTITLED

AN ACT concerning 1

Environmental Permits – Requirements for Burden Analysis, Issuance and 2
Renewal, and Public Participation 3
(Cumulative Harms for Environmental Restoration for Improving Shared 4
Health – CHERISH Our Communities Act) 5

FOR the purpose of requiring an application for the issuance or renewal of a certain 6
individual environmental permit for a site or facility located within a certain at–risk 7
census tract submitted on or after a certain date to include in the permit application 8
a report de scribing certain environmental and public health burden s in a certain 9
manner; requiring the Department of the Environment to make certain 10
determinations as to whether approving a certain environmental permit will cause 11
or contribute to adverse environmental or public health stressors affecting a certain 12
at–risk census tract in a certain manner; specifying the circumstances under which 13
the Department must deny an application for the issuance or renewal of certain 14
individual environmental permits unless certain conditions are met; requiring the 15
Department to prepare a tentative determination of certain determinations required 16
under this Act in a certain manner and requiring that certain materials related to 17
the tentative determination be part of the record for certain judicial review; requiring 18
the Department to follow certain procedures during each renewal of certain 19
statewide general environmental permits ; specifying that certain requirements for 20
public participation and judicial review apply to certain individual environmental 21
permits for sites or facilities located within certain at–risk census tract s; and 22
generally relating to environmental permits. 23

BY adding to 24
Article – Environment 25
New part designation “Part I. Definitions” to immediately precede Section 1 –701; 26
new part designation “Part II. Commission on Environmental Justice and 27
2 HOUSE BILL 1268

Sustainable Communities” to immediately precede Section 1–704; and Section 1
1–708 through 1 –715 to be und er the new part “Part III. Environmental 2
Permits” 3
Annotated Code of Maryland 4
(2013 Replacement Volume and 2025 Supplement) 5

BY repealing and reenacting, with amendments, 6
Article – Environment 7
Section 1–701, 1–702, and 2–404.1 8
Annotated Code of Maryland 9
(2013 Replacement Volume and 2025 Supplement) 10

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
That the Laws of Maryland read as follows: 12

Article – Environment 13

PART I. DEFINITIONS. 14

1–701. 15

(a) [(1)] In this [section] SUBTITLE the following words have the meanings 16
indicated. 17

(B) “AT–RISK CENSUS TRACT ” MEANS ANY GEOGRAPHIC AREA WITHIN A 18
1.5–MILE RADIUS OF THE BOUNDARIES OF: 19

(1) ANY CENSUS TRACT FOR WHICH THE FINAL EJ SCORE FROM THE 20
MARYLAND EJ TOOL IS AT OR ABOVE THE 75TH PERCENTILE IN THE STATE; 21

(2) ANY CENSUS TRACT FOR WHICH SIX OR MORE OF THE 22
ENVIRONMENTAL HEALTH INDICATORS IN THE DE FINITION OF “OVERBURDENED” 23
ARE AT OR ABOVE THE 75TH PERCENTILE IN THE STATE; OR 24

(3) ANY CENSUS TRACT FOR WHICH THE PROXIMITY TO: 25

(I) MINING OPERATIONS IS AT OR ABOVE THE 95TH 26
PERCENTILE IN THE STATE; 27

(II) EMITTING POWER PLANTS IS AT OR ABOVE THE 95TH 28
PERCENTILE IN THE STATE; 29

(III) A HAZARDOUS WASTE LANDFILL IS AT OR ABOVE THE 95TH 30
PERCENTILE IN THE STATE; OR 31

HOUSE BILL 1268 3

(IV) A CONCENTRATED ANIMAL FEEDIN G OPERATION IS AT OR 1
ABOVE THE 99TH PERCENTILE IN THE STATE. 2

(C) “BURDEN REPORT” MEANS THE BASELINE UNDERSTANDING OF 3
RISK, DISPARITIES, AND ENVIRONMENTAL NEEDS REPORT REQUIRED UNDER 4
§ 1–708 OF THIS SUBTITLE. 5

[(2)] (D) “Business organization” means a corporation, business trust, 6
partnership, or any other for–profit entity. 7

[(3)] (E) “Commission” means the Commission on Environmental Justice 8
and Sustainable Communities. 9

[(4)] (F) “Community listening session” means a public c onvening to 10
gather information and input from community members. 11

(G) (1) “COVERED GENERAL PERMIT” MEANS ANY STATEWIDE GENERAL 12
PERMIT FOR: 13

(I) AIR EMISSIONS FROM CONCRETE BATCH PLANTS; OR 14

(II) DISCHARGES FROM: 15

1. ANIMAL FEEDING OPERATIONS; 16

2. MINING OPERATIONS; OR 17

3. STORMWATER ASSOCIATED WITH INDUSTRIAL 18
ACTIVITY. 19

(2) “COVERED GENERAL PERMI T” DOES NOT INCLUDE A G ENERAL 20
PERMIT FOR STORMWATE R DISCHARGES ASSOCIA TED WITH CONSTRUCTIO N 21
ACTIVITY. 22

(H) “COVERED INDIVIDUAL PERMIT” MEANS A PERMIT THAT IS: 23

(1) FOR A SITE OR FACILITY LOCATED WITHIN AN AT –RISK CENSUS 24
TRACT; AND 25

(2) (I) AN A IR QUALITY CONTROL P ERMIT TO CONSTRUCT 26
SUBJECT TO § 2–404 OF THIS ARTICLE; 27

(II) A PERMIT TO DISCHARGE POLLUTANTS TO WATERS OF THE 28
STATE ISSUED IN ACCORDANCE WITH § 9–323 OF THIS ARTICLE FOR: 29
4 HOUSE BILL 1268

1. CEMENT ASH; 1

2. AN ANIMAL FEEDING OPERATION OR HATCHERY; 2

3. A FUEL FACILITY; 3

4. A MINING OPERATION; OR 4

5. A REFUSE DISPOSAL SYSTEM; 5

(III) A PERMIT TO INSTALL , MATERIALLY ALTER , OR 6
MATERIALLY EXTEND A STRUCTURE USED FOR STORAGE OR DISTRIBUTION OF ANY 7
TYPE OF SEWAGE SLUDGE ISSUED, RENEWED, OR AMENDED IN ACCORDANCE WITH § 8
9–234.1 OR § 9–238 OF THIS ARTICLE; 9

(IV) A PERMIT TO OWN, OPERATE, OR MAINTAIN A HAZARDOUS 10
MATERIAL FACILITY ISSUED IN ACCORDANCE WITH § 7–103 OF THIS ARTICLE; 11

(V) A PERMIT TO OWN , OPERATE, ESTABLISH, OR MAINTAIN A 12
LOW–LEVEL NUCLEAR WASTE FACILITY ISSUED IN ACCORDANCE WITH TO § 7–233 13
OF THIS ARTICLE; 14

(VI) A PERMIT ISSUED IN ACCO RDANCE WITH TITLE 9, 15
SUBTITLE 2 OF THIS ARTICLE FOR A REFUSE DISPOSAL SYSTEM; 16

(VII) A STATE PERMIT TO OPERA TE FOR AN AIR POLLUTION 17
SOURCE THAT DOES NOT REQUIRE AN OPERATING PERMIT ISSUED UNDER TITLE V 18
OF THE FEDERAL CLEAN AIR ACT AMENDMENTS OF 1990; OR 19

(VIII) AN AIR QUALITY OPERATING PE RMIT ISSUED IN 20
ACCORDANCE WITH TITLE V OF THE FEDERAL CLEAN AIR ACT AMENDMENTS OF 21
1990. 22

[(5)] (I) “Environmental justice” means equal protection from 23
environmental and public health hazards for all people regardless of race, income, culture, 24
and social status. 25

[(6)] (J) “Environmental organization” means a nonprofit entity engaged 26
in advocacy, action, education, or job training related to conservation, stewardship of 27
natural resources, pollution reduction, or climate impacts. 28

HOUSE BILL 1268 5

[(7)] (K) “Overburdened community” means any census tract for which 1
three or more of the following environmental health indicators are above the 75th percentile 2
statewide: 3

[(i)] (1) Particulate matter (PM) 2.5; 4

[(ii)] (2) Ozone; 5

[(iii)] (3) National Air Toxics Assessment (NATA) diesel PM; 6

[(iv)] (4) NATA cancer risk; 7

[(v)] (5) NATA respiratory hazard index; 8

[(vi)] (6) Traffic proximity; 9

[(vii)] (7) Lead paint indicator; 10

[(viii)] (8) National Priorities List Superfund site proximity; 11

[(ix)] (9) Risk Management Plan facility proximity; 12

[(x)] (10) Hazardous waste proximity; 13

[(xi)] (11) Wastewater discharge indicator; 14

[(xii)] (12) Proximity to a Concentrated Animal Feeding Operation 15
(CAFO); 16

[(xiii)] (13) Percent of the population lacking broadband coverage; 17

[(xiv)] (14) Asthma emergency room discharges; 18

[(xv)] (15) Myocardial infarction discharges; 19

[(xvi)] (16) Low–birth–weight infants; 20

[(xvii)] (17) Proximity to emitting power plants; 21

[(xviii)] (18) Proximity to a Toxic Release Inventory (TRI) facility; 22

[(xix)] (19) Proximity to a brownfields site; 23

[(xx)] (20) Proximity to mining operations; and 24

6 HOUSE BILL 1268

[(xxi)] (21) Proximity to a hazardous waste landfill. 1

[(8)] (L) “Underserved community” means any census tract in which, 2
according to the most recent U.S. Census Bureau Survey: 3

(i) At least 25% of the residents qualify as low–income; 4

(ii) At least 50% of the residents identify as nonwhite; or 5

(iii) At least 15% of the residents have limited English proficiency. 6

1–702. RESERVED. 7

1–703. RESERVED. 8

PART II. COMMISSION ON ENVIRONMENTAL JUSTICE AND SUSTAINABLE 9
COMMUNITIES. 10

1–704. 11

[(b)] (A) There is a Commission on Environmental Justice and Sustainable 12
Communities. 13

[(c)] (B) (1) The Commission consists of the following members: 14

(i) One member of the Senate of Maryland, appointed by the 15
President of the Senate; 16

(ii) One member of the House of Delegates, appointed by the Speaker 17
of the House; 18

(iii) The Secretary, or the Secretary’s designee; 19

(iv) The Secretary of Health, or the Secretary’s designee; 20

(v) The Secretary of Planning, or the Secretary’s designee; 21

(vi) The Secretary of Commerce, or the Secretary’s designee; 22

(vii) The Secretary of Housing and Community Development, or the 23
Secretary’s designee; 24

(viii) The Secretary of Transportation, or the Secretary’s designee; 25

(ix) The following members appointed by the Governor: 26

HOUSE BILL 1268 7

1. At least one r epresentative from a community 1
disproportionately impacted by environmental and public health hazards; 2

2. One representative of a business organization; 3

3. One representative of an environmental organization; 4

4. One representative who is a h ealth expert on 5
environmental justice issues; and 6

5. One representative of an academic institution with an 7
environmental justice institute or similar program; 8

(x) The following members appointed jointly by the President of the 9
Senate and the Speaker of the House: 10

1. At least three representatives from communities 11
disproportionately impacted by environmental and public health hazards that represent 12
the geographic diversity of the State; 13

2. One representative of a business organization; 14

3. One representative of an environmental organization; and 15

4. One representative who is a health expert on 16
environmental justice issues; 17

(xi) One representative of local government, designated by the 18
Maryland Association of Counties; 19

(xii) One representative of local government, designated by the 20
Maryland Municipal League; and 21

(xiii) Two representatives of a labor union, designated by the 22
Maryland State and D.C. AFL–CIO. 23

(2) To the extent practicable, the membership of the Commis sion shall 24
reflect the racial, gender, ethnic, and geographic diversity of the State, according to the 25
most recent available census data. 26

[(d)] (C) (1) The term of a member appointed by the Governor or the 27
President of the Senate and the Speaker of the House is 3 years. 28

(2) At the end of a term, a member continues to serve until a successor is 29
appointed and qualifies. 30

8 HOUSE BILL 1268

(3) A member who is appointed after a term has begun serves only for the 1
rest of the term and until a successor is appointed and qualifies. 2

(4) A member may not be appointed to more than two consecutive terms. 3

(5) The Department shall provide a new Commission member with an 4
orientation that reviews: 5

(i) Environmental justice issues in the State; and 6

(ii) Previous work of the Commission. 7

[(e)] (D) The Commission shall elect a chair from among its members. 8

[(f)] (E) (1) The Department shall provide staff for the Commission. 9

(2) The staffing responsibilities of the Department shall include: 10

(i) Conducting research and gathering data at the direction of the 11
Commission; 12

(ii) Arranging and staffing Commission meetings; 13

(iii) Serving as an informed resource for the chair and members; and 14

(iv) Managing, implementing, and carrying out the Commission’s 15
work to achieve its mission and overall purpose. 16

[(g)] (F) (1) (i) The Commission shall: 17

1. Meet at least six times per calendar year; and 18

2. Host at least four community listening sessions per 19
calendar year in communities disproportionately impacted by environmental and public 20
health hazards, with a majority of the members of the Commission present at each 21
community listening session. 22

(ii) Of the meetings and community listening sessions required 23
under subparagraph (i) of this paragraph, the Commission shall establish rotating meeting 24
or community listening session locations in different geographic locations of the State, 25
including: 26

1. At least one in a rural location of the State; and 27

2. At least one in an urban location of the State. 28

HOUSE BILL 1268 9

(iii) The meetings and community listening sessions required under 1
subparagraph (i) of this paragraph shall be reasonably accessible to all attendees, including 2
persons with: 3

1. Limited English proficiency; and 4

2. Disabilities. 5

(iv) The Department shall post notice of the time and location of a 6
meeting or community listening session required under subparagraph (i) of this paragraph 7
on its website at least 30 days before the meeting or community listening session. 8

(2) A majority of members of the Commission shall constitute a quorum for 9
the transaction of business. 10

(3) A member of the Commission: 11

(i) May not receive compensation as a member of the Commission; 12
but 13

(ii) Is entitled to reimbursement for expenses under the Stand ard 14
State Travel Regulations, as provided in the State budget. 15

(4) A member of the Commission may not represent more than one entity 16
or group. 17

[(h)] (G) The Commission shall: 18

(1) Advise State government agencies on environmental justice and related 19
community issues; 20

(2) Use data sets and mapping tools to review and analyze the impact of 21
current State and local laws, permits, actions, and policies on the issue of environmental 22
justice and sustainable communities, including cumulative impacts, effects, and exposure; 23

(3) Assess the adequacy of State and local government laws to address the 24
issue of environmental justice and sustainable communities, including assessing 25
compliance with Title VI of the federal Civil Rights Act of 1964; 26

(4) Coordinate with the Children’s Environmental Health and Protection 27
Advisory Council, the Maryland Office of Minority Health and Health Disparities, and the 28
Commission on Climate Change on recommendations related to environmental justice and 29
sustainable communities; 30

(5) In accordance with [§ 1–702] § 1–705 of this subtitle, coordinate with 31
the Department on: 32

10 HOUSE BILL 1268

(i) The adoption of a methodology for identifying communities 1
disproportionately affected by climate impacts; 2

(ii) The development of specific strat egies to address geographical 3
impact concerns, reduce emissions of greenhouse gases and co –pollutants, and build 4
climate equity and resilience within disproportionately affected communities; and 5

(iii) The establishment of goals for the percentage of St ate funding 6
for greenhouse gas emission reduction measures that should be used for the benefit of 7
disproportionately affected communities; 8

(6) Recommend options to the Governor and the General Assembly for 9
addressing issues, concerns, or problems related to environmental justice that surface after 10
reviewing State laws and policies, including prioritizing areas of the State that need 11
immediate attention; and 12

(7) Recommend options to the Secretary for ensuring that the Department 13
is making progress in advancing the human right to safe, clean, affordable, and accessible 14
water for consumption, cooking, sanitation, health, and recreation purposes. 15

[(i)] (H) On or before October 1 of each year, the Commission shall report its 16
findings and recommendations t o the Governor and, subject to § 2 –1257 of the State 17
Government Article, the General Assembly. 18

[1–702.] 1–705. 19

(a) On or before December 31, 2023, the Department, in consultation with the 20
Commission on Environmental Justice and Sustainable Communities, shall: 21

(1) Subject to subsection (b) of this section, adopt a methodology for 22
identifying communities disproportionately affected by climate impacts; 23

(2) Develop specific strategies to address geographical impact concerns, 24
reduce emissions of greenhouse gases and co –pollutants, and build climate equity and 25
resilience within communities disproportionately affected by climate impacts; 26

(3) Set appropriate goals for the percentage of State funding for greenhouse 27
gas emission reduction measures that should be used for the benefit of disproportionately 28
affected communities; and 29

(4) Report to the Maryland Commission on Climate Change and, in 30
accordance with § 2 –1257 of the State Government Article, the General Assembly on the 31
policies and programs developed under this subsection. 32

(b) In evaluating methodologies under subsection (a)(1) of this section, the 33
Department shall, at a minimum, include: 34

HOUSE BILL 1268 11

(1) Underserved communities; 1

(2) Overburdened communities; and 2

(3) Areas that are vulnerable to climate impacts, such as flooding, storm 3
surges, and urban heat island effects, due to low levels of tree coverage, high levels of 4
impervious surfaces, or other factors. 5

(c) In carrying out its responsibilities under this section, the Department shall: 6

(1) Solicit input from all segments of the population that will be impacted 7
by the policies developed under subsection (a) of this section, including individuals living 8
in areas that may be identified as disproportionately affected communities under the 9
proposed criteria; 10

(2) Ensure that equity and geographical impact remedies are key 11
principles; and 12

(3) Incorporate geographical impact considerations into all 13
recommendations, policies, programs, and funding priorities. 14

1–706. RESERVED. 15

1–707. RESERVED. 16

PART III. ENVIRONMENTAL PERMITS. 17

1–708. 18

(A) (1) AN APPLICATION FOR THE ISSUANCE OR RENEWAL OF A COVERED 19
INDIVIDUAL PERMIT SHALL INCLUDE A BASELINE UNDERSTANDING OF RISK, 20
DISPARITIES, AND ENVIRONMENTAL NEEDS (BURDEN) REPORT PREPARED IN 21
ACCORDANCE WITH THIS SECTION. 22

(2) THE DEPARTMENT MAY NOT CONSIDER AN APPLICATION FOR THE 23
ISSUANCE OR RENEWAL OF A COVERED INDIVIDU AL PERMIT UNLESS THE 24
DEPARTMENT DETERMINES THAT THE APPLICATION INCL UDES A BURDEN 25
REPORT PREPARED IN ACCORDANCE WITH THIS SECTION. 26

(B) SUBJECT TO SUBSECTION (C) OF THIS SECTION , A BURDEN REPORT 27
REQUIRED UNDER SUBSECTION (A) OF THIS SECTION SHALL: 28

(1) (I) DESCRIBE THE E XISTING ENVIRONMENTA L AND PUBLIC 29
HEALTH BURDEN FOR THE AT–RISK CENSUS TRACT IN WHICH THE SITE OR FACILITY 30
REQUIRING THE COVERED INDIVIDUAL PERMIT IS, OR WOULD BE, LOCATED; AND 31
12 HOUSE BILL 1268

(II) DESCRIBE THE POTENTIAL OR CURRENT CONTRIBUTIONS 1
TO THE EXISTING ENVIRONMENTAL AND PUBLIC HEALTH BURDEN BY THE SITE OR 2
FACILITY; AND 3

(2) AT A MINIMUM, INCLUDE: 4

(I) 1. THE EJ SCORE FROM THE MARYLAND EJ TOOL FOR 5
THE CENSUS TRACT IN WHICH THE SITE OR FACILITY IS LOCATED , INCLUDING A 6
DESCRIPTION OF THE INDICATORS CONTRIBUTING TO THE EJ SCORE; AND 7

2. THE EJ SCORES FROM THE MARYLAND EJ TOOL FOR 8
EACH CENSUS TRACT LO CATED WITHIN A 1.5–MILE RADIUS OF THE BOUNDARY OF 9
THE SITE OR FACILITY, INCLUDING A DESCRIPT ION OF THE INDICATOR S 10
CONTRIBUTING TO THE EJ SCORE; 11

(II) A COMPREHENSIVE LIST O F EACH EXISTING POLL UTION 12
SOURCE, OR CA TEGORY OF SOURCES , THAT IS IMPACTING TH E AT–RISK CENSUS 13
TRACT OR TRACTS WITHIN A 1.5–MILE RADIUS OF THE SITE OR FACILITY, INCLUDING 14
A DESCRIPTION OF POTENTIAL ROUTES OF HUMAN EXPOSURE TO POLLUTION FROM 15
EACH SOURCE OR CATEGORY IDENTIFIED; 16

(III) AMBIENT CONCENTRATIONS OF RE GULATED AIR 17
POLLUTANTS AND REGULATED HAZARDOUS AIR POLLUTANTS; 18

(IV) 1. TO THE EXTENT INFORMA TION IS AVAILABLE , 19
EXISTING TRAFFIC COUNT IN AT–RISK CENSUS TRACTS WITHIN 1.5 MILES OF THE 20
SITE OR FACILITY; AND 21

2. ANTICIPATED CONTRIBUTIONS TO THE TRAFFIC 22
COUNT FROM THE SITE OR FACILITY, INCLUDING VEHICLE TY PES, ASSOCIATED 23
EMISSIONS, AND ANTICIPATED ROUT ES IN AT –RISK CENSUS TRACTS WITHIN 1.5 24
MILES OF THE SITE OR FACILITY; 25

(V) EXPOSURE OR POTENTIAL EXPOSURE TO CONTAMIN ATED 26
DRINKING WATER SUPPLIES IN AT–RISK CENSUS TRACTS WITHIN 1.5 MILES OF THE 27
SITE OR FACILITY; 28

(VI) PROXIMITY OF THE SITE OR FACILITY TO EXISTING 29
SOURCES OF POLLUTION; 30

(VII) THE POTENTIAL OR PROJ ECTED CONTRIBUTION O F THE 31
SITE OR FACILITY TO EXISTING POLLUTION B URDENS IN THE AT–RISK CENSUS 32
HOUSE BILL 1268 13

TRACT, ACCOUNTING FOR THE E XISTING BURDEN AND THE POTENTIAL HEALTH 1
EFFECTS OF ANY CONTRIBUTION; 2

(VIII) AN EVALUATION OF EXIS TING ENVIRONMENTAL AND 3
PUBLIC HEALTH STRESS ORS AND INDICATORS BORNE BY THE AT–RISK CENSUS 4
TRACT OR AREAS WITHIN 1.5–MILES OF THE SITE OR FACILITY; 5

(IX) AN EVALUATION OF ANY ENVIRONMENTAL AND PU BLIC 6
HEALTH STRESSORS AND INDICATORS POSED BY THE SITE OR FACILITY; AND 7

(X) IF AN APPLICANT MAINT AINS THAT A PROPOSED ACTIVITY 8
REQUIRING A PERMIT FOR A NEW P OLLUTION SOURCE OR A PERMIT THAT ALLOWS 9
FOR AN INCREASE IN P OLLUTION FROM AN EXI STING SOURCE SERVES A 10
COMPELLING PUBLIC IN TEREST IN THE AT –RISK AREA , A DISCUSSION THAT 11
DEMONSTRATES THE PUBLIC INTEREST FOR THE ACTIVITY AND ALTERNATIVES 12
THAT COULD SERVE THE SAME PUBLIC INTEREST. 13

(C) (1) THIS SUBSECTION APPLIES TO AN APPLICATION FOR A COVERED 14
INDIVIDUAL PERMIT FOR A SITE OR FACILITY LOCATED WITHIN AN AT–RISK CENSUS 15
TRACT THAT: 16

(I) IS FOR A NEW POLLUTION SOURCE; OR 17

(II) WILL ALLOW FOR A N INCREASE IN POLLUTIO N FROM AN 18
EXISTING POLLUTION SOURCE. 19

(2) SUBJECT TO SUBSECTION (E) OF THIS SECTION AND AFTER 20
REVIEW OF A BURDEN REPORT PREPARED IN ACCORDANCE WITH THIS SECTION, 21
THE DEPARTMENT SHALL ISSU E A DETERMINATION ON WHETHER APPROVING AN 22
APPLICATION FOR A COVERED INDIVI DUAL PERMIT WILL, TOGETHER WITH OTHER 23
ENVIRONMENTAL OR PUBLIC HEALTH STRESSORS OR INDICATORS AFFECTING THE 24
AT–RISK CENSUS TRACT, CAUSE OR CONTRIBUTE TO ADVERSE ENVIRONMENTAL OR 25
PUBLIC HEALTH STRESSORS OR INDICATORS IN THE AT–RISK CENSUS TRACT THAT 26
ARE HIGHER THAN THOSE BORNE BY OTHER AREAS WITHIN THE STATE. 27

(3) IF THE DEPARTMENT DETE RMINES THAT APPROVIN G AN 28
APPLICATION FOR A COVERED INDIVIDUAL PERMIT WILL CAUSE OR CONTRIBUTE TO 29
ADVERSE ENVIRONMENTAL OR PUBLIC HEALTH STRESSORS OR INDICATORS UNDER 30
PARAGRAPH (2) OF THIS SUBSECTION , THE DEPARTMENT SHALL DENY THE 31
APPLICATION UNLESS T HE APP LICANT CAN DEMONSTRA TE THAT THE ACTIVITY 32
REQUIRING THE PERMIT WILL SERVE A COMPELLING P UBLIC INTEREST IN TH E 33
AT–RISK CENSUS TRACT IN WHICH THE ACTIVITY WILL TAKE PLACE. 34

14 HOUSE BILL 1268

(4) IF THE DEPARTMENT DETERMINES THAT AN APPLICATION FOR A 1
COVERED INDIVIDUAL P ERMIT MAY BE APPROVED UNDER THIS SUBSECTIO N, THE 2
DEPARTMENT SHALL IMPOSE PERMIT CONDITIONS TO PROTECT ENVIRONMENTAL 3
AND PUBLIC HEALTH. 4

(D) (1) THIS SUBSECTION APPLIES TO AN APPLICATION FOR A RENEWAL 5
OF A COVERED INDIVID UAL PERMIT FOR A SITE OR FACILI TY LOCATED WITHIN AN 6
AT–RISK CENSUS TRACT THAT DOES NOT ALLOW AN INCREASE IN POLLUTION FROM 7
THE EXISTING SITE OR FACILITY. 8

(2) SUBJECT TO SUBSECTION (E) OF THIS SECTION AND AFTER 9
REVIEW OF A BURDEN REPORT PREPARED IN ACCORDANCE WITH THIS SECTION, 10
THE DEPARTMENT SHALL ISSU E A DETERMINATION ON WHETHER APPROVING AN 11
APPLICATION FOR A COVERED INDIVI DUAL PERMIT WILL, TOGETHER WITH OTHER 12
ENVIRONMENTAL OR PUBLIC HEALTH STRESSORS OR INDICATORS AFFECTING THE 13
AT–RISK CENSUS TRACT, CAUSE OR CONTRIBUTE TO ADVERSE ENVIRONMENTAL OR 14
PUBLIC HEALTH STRESSORS OR INDICATORS IN THE AT–RISK CENSUS TRACT THAT 15
ARE HIGHER THAN THOSE BORNE BY OTHER AREAS WITHIN THE STATE. 16

(3) IF THE DEPARTMENT DETERMINES THAT APPROVING AN 17
APPLICATION FOR A COVERED INDIVIDUAL PERMIT WILL CAUSE OR CONTRIBUTE TO 18
ADVERSE ENVIRONMENTAL OR PUBLIC HEALTH STRESSORS OR INDICATORS UNDER 19
PARAGRAPH (2) OF THIS SUBSECTION, THE DEPARTMENT MAY: 20

(I) DENY THE APPLICATION FOR THE RENEWAL PERMIT; OR 21

(II) APPROVE THE APPLICATI ON FOR THE RENEWAL PERM IT 22
ONLY IF THE DEPARTMENT IMPOSES ADDITIONAL PERMIT CONDITIONS TO PROTECT 23
ENVIRONMENTAL AND PUBLIC HEALTH. 24

(E) THE DEPARTMENT SHALL PREPARE A TENTATIVE DETERMINATION OF 25
ANY DETERMINATION RE QUIRED UNDER SUB SECTION (C)(2) OR (D)(2) OF THIS 26
SECTION THAT INCLUDES: 27

(1) A PROPOSAL TO ISSUE OR RENEW OR NOT TO ISSUE OR RENEW A 28
PERMIT; 29

(2) ANY PROPOSED PERMIT LIMITATIONS AND CONDITIONS; 30

(3) A BRIEF EXPLANATION OF THE DEPARTMENT’S TENTATIVE 31
DETERMINATION; AND 32

(4) ANY PROPOSED SCHEDULE FOR COMPLIANCE. 33
HOUSE BILL 1268 15

(F) (1) BEFORE ISSUING A FINA L DETERMINATION UNDE R SUBSECTION 1
(C) OR (D) OF THIS SECTION , THE DEPARTMENT SHALL MAKE THE FOLLOWING 2
MATERIALS AVAILABLE FOR REVIEW AND PUBLIC COMMENT: 3

(I) THE PERMIT APPLICATION FOR THE COVERED INDIVIDUAL 4
PERMIT; 5

(II) THE BURDEN REPORT INCLUDED IN THE PERM IT 6
APPLICATION, INCLUDING ANY REVISIONS AND SUPPORTING DOCUMENTS; AND 7

(III) THE TENTATIVE DETERMINATION PREPARED UNDER 8
SUBSECTION (E) OF THIS SECTION. 9

(2) AFTER REVIEW AND CONSIDERATION OF PUBLIC COMMENTS, THE 10
DEPARTMENT SHALL ISSU E A FINAL DETERMINAT ION, INCLUDING A WRITTEN 11
RESPONSE TO EACH PUB LIC COMMENT THAT RAI SES ISSUES OF LAW OR FACT 12
RELATED TO THE REQUIREMENTS OF THIS SUBTITLE. 13

(3) (I) THE MATERIALS LISTED UNDER PARAGRAPH (1) OF THIS 14
SUBSECTION AND ANY P UBLIC COMMENTS SUBMI TTED TO THE DEPARTMENT 15
REGARDING THE MATERI ALS SHALL BE PART OF THE RECORD FOR JUDIC IAL 16
REVIEW OF A DETERMINATION MADE UNDER THIS SECTION. 17

(II) THIS PARAGRAPH SUPERSEDES ANY OTHER PROVISION OF 18
LAW THAT LIMITS OR OTHERWISE RESTRICTS THE RECORD THAT MAY BE COMPILED 19
FOR JUDICIAL REVIEW. 20

(G) IF A N APPLICANT IS APPLYIN G FOR MORE THAN ONE COVERED 21
INDIVIDUAL PERMIT THAT WILL ALLOW FOR AN INCREASE IN POLLU TION FROM A 22
NEW OR EXISTING SOUR CE, THE APPLICANT SHALL COMPLY WITH TH E 23
REQUIREMENTS OF THIS SECTION ONLY ONCE UNLESS THE DEPARTMENT 24
DETERMINES OTHERWISE DUE TO THE COMPLEXITY OF ANY ADDITIONAL PERMIT 25
APPLICATIONS. 26

1–709. 27

DURING EACH RENEWAL OF A COVERED GENERAL PERMIT, THE DEPARTMENT 28
SHALL: 29

(1) INCORPORATE ENVIRONME NTAL HEALTH STRESSOR S AND 30
INDICATORS IN ITS DETERMINATION; 31

16 HOUSE BILL 1268

(2) IMPOSE PERMIT CONDITIONS TO PROTECT PUBLI C HEALTH AND 1
REDUCE ENVIRONMENTAL HARM FROM INDIVIDUAL SITES OR FACILITIES LOCATED 2
WITHIN AN AT–RISK CENSUS TRACT; AND 3

(3) IMPROVE OUTREACH AND NOTICE EFFECTIVENESS TO 4
OVERBURDENED COMMUNI TIES REGARDING INFOR MATIONAL AND PUBLIC 5
HEARINGS AND PUBLIC COMMENT OPPORTUNITIES. 6

1–710. 7

(A) THIS SECTION APPLIES TO: 8

(1) A COVERED INDIVIDUAL P ERMIT FOR WHICH A PE RMIT 9
CONDITION IS IMPOSED UNDER § 1–708(C) OR (D) OF THIS SUBTITLE; AND 10

(2) A GENERAL PERMIT FOR WHICH A PERMIT CONDITION IS IMPOSED 11
UNDER § 1–709(2) OF THIS SUBTITLE. 12

(B) A PERMIT MAY NOT BE RENEWED, REISSUED, OR MODIFIED TO REMOVE 13
A PERMIT CONDITION OR REPLACE A PERMIT CONDITION WITH A LESS STRINGENT 14
CONDITION UNLESS: 15

(1) THE SECRETARY DETERMINES THAT A TECHNICAL ERR OR OR 16
MISINTERPRETATION OF LAW WAS MADE IN IMPOSING THE CONDITION; OR 17

(2) A LESS STRINGENT CONDI TION IS NECESSARY BE CAUSE OF 18
EVENTS OVER WHICH TH E PERMIT HOLDER HAS NO CONTRO L AND FOR WHICH 19
THERE IS NO ALTERNATIVE REMEDY. 20

1–711. 21

(A) A COVERED INDIVIDUAL PE RMIT THAT IS LISTED UNDER § 1–601 OF 22
THIS TITLE SHALL BE SUBJECT TO THE PUBLIC PARTICIPATION REQUIREMENTS 23
UNDER SUBTITLE 6 OF THIS TITLE. 24

(B) (1) THIS SUBSECTION APPLIES TO A COVERED INDIVIDUAL P ERMIT 25
THAT: 26

(I) IS NOT LISTED UNDER § 1–601 OF THIS TITLE; AND 27

(II) IS NOT A N AIR QUALITY PERMIT ISSUED IN ACCORDANCE 28
WITH TITLE V OF THE FEDERAL CLEAN AIR ACT AMENDMENTS OF 1990. 29

HOUSE BILL 1268 17

(2) (I) A TENTATIVE OR FINAL DETERMINATION FOR ISSUANCE OR 1
RENEWAL OF A PERMIT SHALL BE ISSUED IN A CCORDANCE WITH § 1–604 OF THIS 2
TITLE. 3

(II) A FINAL DETERMINATION SHALL BE ACCOMPANIED BY THE 4
DEPARTMENT’S WRITTEN RESPONSE TO COMMENTS. 5

(III) 1. ON REQUEST, THE DEPARTMENT SHALL EXTEND THE 6
PUBLIC COMMENT PERIO D FOR A DRAFT PERMIT OR TENTATIVE DETERMI NATION 7
BY AN ADDITIONAL 60 DAYS FROM THE ORIGIN AL EXPIRATION DATE F OR THE 8
COMMENT PERIOD. 9

2. A REQUEST TO EXTEND TH E PUBLIC COMMENT 10
PERIOD UNDER SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH SHALL BE 11
SUBMITTED IN WRITING AND BEFOR E THE EXPIRATION OF THE ORIGINAL PUBLIC 12
COMMENT PERIOD. 13

3. A PUBLIC COMMENT PERIOD MAY BE EXTENDED ONLY 14
ONE TIME UNDER THIS SUBPARAGRAPH. 15

(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 16
AN AIR QUALITY PERMIT I SSUED IN ACCORDANCE WITH TITLE V OF THE FEDERAL 17
CLEAN AIR ACT AMENDMENTS OF 1990 SHALL BE ISSUED OR R ENEWED IN 18
ACCORDANCE WITH THE PUBLIC PARTICIPATION REQUIREMENTS ADOPTED BY THE 19
DEPARTMENT BY REGULATION. 20

(2) (I) THE PUBLIC COMMENT PE RIOD SHALL BE AT LEAST 60 21
DAYS. 22

(II) 1. IF THE DEPARTMENT RECEIVES A WRITTEN REQUEST 23
WITHIN 20 DAYS AFTER PUBLICATI ON OF THE NOTICE OF TENTATIVE 24
DETERMINATION, THE DEPARTMENT SHALL SCHEDULE A PUBLIC HEARING ON THE 25
TENTATIVE DETERMINATION. 26

2. A PUBLIC HEARING SCHEDULED IN ACCORDA NCE 27
WITH SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH MAY BE CANCELED IF A LL 28
TIMELY WRITTEN REQUESTS ARE WITHDRAWN BEFORE THE MEETING. 29

(III) EXCEPT AS REQUIRED UNDER SUBPARAGRAPH (II) OF THIS 30
PARAGRAPH, THE DEPARTMENT MAY SCHEDU LE A PUBLIC HEARING ON A 31
TENTATIVE DETERMINATION AT ITS DISCRETION. 32

1–712. 33
18 HOUSE BILL 1268

(A) (1) A COVERED INDIVIDUAL PE RMIT SHALL BE SUBJECT TO THE 1
PROVISIONS FOR JUDICIAL REVIEW UNDER SUBTITLE 6 OF THIS TITLE. 2

(2) A CONTESTED CASE HEARI NG MAY NOT OCCUR FOR THE 3
ISSUANCE OR RENEWAL OF A COVERED INDIVIDUAL PERMIT UNDER THIS SUBTITLE. 4

(B) IN ADDITION TO THE INFORMATION LISTED UNDER § 1–606(C) OF THIS 5
TITLE, THE RECORD FOR JUDICIAL REVIEW OF A COVERED INDIVIDUAL P ERMIT 6
SHALL INCLUDE THE MATERIALS LISTED UNDER § 1–708(F)(1) OF THIS SUBTITLE. 7

(C) A PERSON WHO MEETS THE REQUIREMENTS FOR REQUESTING JUDICIAL 8
REVIEW UNDER SUBTITLE 6 OF THIS TITLE MAY PROCEED AS A RESPONDENT IN ANY 9
JUDICIAL REVIEW ACTION FOR THE PURPOSE O F DEFENDING THE DEPARTMENT’S 10
FINAL DETERMINATION ON A COVERED INDIVIDUAL PERMIT. 11

1–713. 12

(A) FOR ANY VIOLATION OF ANY PROVISION OF THIS ARTICLE OR ANY RULE, 13
REGULATION, OR ORDER ISSUED IN ACCORDANCE WITH THIS ARTICLE THAT OCCURS 14
WITHIN AN AT –RISK CENSUS TRACT , THE MAXIMUM CIVIL PE NALTY SHALL BE 15
INCREASED BY 75%. 16

(B) THE DEPARTMENT SHALL MAKE INFORMATION READILY AVAILABLE 17
ONLINE REGARDING ANY EN FORCEMENT ACTION AGA INST ANY PERMITTED 18
FACILITY LOCATED WITHIN AN AT–RISK AREA INCLUDING NOTICES OF VIOLATIONS, 19
PENALTIES, CONSENT ORDERS , COMPLIANCE ASSESSMEN TS, AND CONCLUDED 20
ENFORCEMENT ACTIONS. 21

(C) (1) FOR AN ALLEGED VIOLATION IN AN AT–RISK CENSUS TRACT, THE 22
DEPARTMENT SHALL CONS IDER SUPPLEMENTAL EN VIRONMENTAL PROJECTS TO 23
IMPLEMENT AS A PART OF THE SETTLEMENT OR ENFORCEMENT ACTION. 24

(2) THE DEPARTMENT SHALL ADOP T A POLICY THAT ENCOUR AGES 25
THE IMPLEMENTATION O F SUPPLEMENTAL ENVIR ONMENTAL PROJECTS , WITH A 26
GOAL OF LEAST 25% OF THE REVENUE FROM AN ENFORCEMENT ACTION AGAINST A 27
FACILITY LOCATED WIT HIN AN AT –RISK CENSUS TRACT TO BE USED TO ASSIST 28
AFFECTED AT–RISK CENSUS TRACTS. 29

1–714. 30

IN ADDITION TO ANY OTHER FEE AUTHORIZED BY LAW OR REGULATION, THE 31
DEPARTMENT MAY CHARGE A REASONABLE FEE TO COVER COSTS ASSOCIATED WITH 32
HOUSE BILL 1268 19

THE IMPLEMENTATION OF THIS PART, INCLUDING THE COST TO THE DEPARTMENT 1
TO PROVIDE TECHNICAL ASSISTANCE TO PERMIT APPLICANTS AND RESIDENTS OF 2
AT–RISK CENSUS TRACTS. 3

1–715. 4

(A) ON OR BEFORE OCTOBER 1, 2027, THE DEPARTMENT SHALL ADOPT 5
REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS PART. 6

(B) (1) ON OR BEFORE OCTOBER 1, 2027, THE DEPARTMENT SHALL 7
ADOPT REGULATIONS DEFINING “EJ SCORE” IN ACCORDANCE WITH § 1–101 OF 8
THIS TITLE. 9

(2) AT LEAST EVERY 5 YEARS, THE DEPARTMENT SHALL REVIEW AND: 10

(I) IF APPROPRIATE, REVISE THE DEFINITION OF “EJ SCORE” 11
TO ENSURE THAT THE DEFINITION CAPTURES AND QUANTIFIES AS COMPLETELY AS 12
POSSIBLE THE BURDENS TO ENVIRONMENTAL AND PUBLIC HEALTH CONSIS TENT 13
WITH THE LATEST SCIENTIFIC AND MEDICAL KNOWLEDGE; OR 14

(II) ISSUE A DECISION TO NOT REVISE THE DEFINITION OF “EJ 15
SCORE” IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURE ACT. 16

2–404.1. 17

(a) [Except for an applicant who elects to proceed under subsection (d) of this 18
section, a] A final decision by the Department on the issuance, renewal, or revision of an 19
operating permit issued [pursuant to] IN ACCORDANCE WITH Title V of the federal Clean 20
Air Act Amendments of 1990 is subject to judicial review by any person who: 21

(1) Meets the threshold standing requirements under federal 22
constitutional law; and 23

(2) Participated in a public participation process through the submission 24
of written or oral comments, unless an opportunity for public participation was not required 25
by statute or regulation. 26

(b) Judicial review shall be on the administrative record before the Department 27
and limited to objections raised during the public comment period, unless the petitioner 28
demonstrates: 29

(1) That the objections were not reasonably ascertainable during the 30
comment period; or 31

(2) That grounds for the objections arose after the comment period. 32
20 HOUSE BILL 1268

(c) Unless otherwise required by statute, a petition for judicial review by a person 1
who meets the requirements of subsection (a) of this section shall be filed with the circuit 2
court for the county in which any party resides or has a principal place of business. 3

[(d) (1) An applicant for an air quality operating permit may seek judicial 4
review in accordance with Title 10, Subtitle 2 of the State Government Article. 5

(2) Except for an applicant as described in paragraph (1) of this subsection, 6
a person is not entitled to a contested case hearing regarding Title V operating permits.] 7

SECTION 2. AND BE IT FURTHER ENACTED, That, on or before January 1, 2028, 8
the Department of the Environment shall report to the General Assembly, in a ccordance 9
with § 2–1257 of the State Government Article, on: 10

(1) whether to incorporate into the definition of a covered individual permit 11
under § 1–701 of the Environment Article, as enacted by Section 1 of this Act: 12

(i) a permit to discharge pollutants to waters of the State issued in 13
accordance with § 9 –323 of th e Environment Article not already included under the 14
definition of a covered individual permit; 15

(ii) a permit for the storage, distribution, or utilization of any type of 16
sewage sludge issued, renewed, or amended in accordance with §§ 9–234.1 or 9–238 of the 17
Environment Article; 18

(iii) a scrap tire permit issued in accordance with § 9–228 of th e 19
Environment Article; 20

(iv) an oil operations permit; 21

(v) an oil transfer license; 22

(vi) a surface water discharge permit for oil terminals; 23

(vii) a coal mining permit; 24

(viii) a non–coal mining permit; 25

(ix) a surface mining license; 26

(x) an oil and gas exploration and production permit; and 27

(xi) a research, development, and demonstration permit; and 28

(2) whether to incorporate into the definition of a covered general permit 29
under § 1–701 of the Environment Article, as enacted by Section 1 of this Act: 30
HOUSE BILL 1268 21

(i) a statewide general permit for: 1

1. surface discharges of pesticides; 2

2. discharges of treated ground water from oil contaminated 3
ground water; 4

3. discharges from surface coal mines and related facilities; 5
and 6

4. air quality general permits to construct; and 7

(ii) registrations under a general permit for: 8

1. mineral mines, quarries, borrow pits, and concrete and 9
asphalt plants not already included in the definition of a covered general permit; 10

2. discharges from surface coal mines; and 11

3. discharges from seafood processing. 12

SECTION 3. AND BE IT FURTHER ENACTED, That this Act applies only to an 13
application for a covered individual permit , as defined under § 1 –701 of the Environment 14
Article, as enacted by Section 1 of this Act, that is submitted to the Department of the 15
Environment: 16

(1) on or after October 1, 2027, if the application proposes a new or 17
increased pollution source; 18

(2) on or after October 1, 2028, if: 19

(i) the application does not propose new or increased pollution; and 20

(ii) 1. is required to have certain public participation under 21
§ 1–601(a) of the Environment Article; or 22

2. is an air quality operating permit issued in accordance 23
with Title V of the federal Clean Air Act Amendments of 1990; and 24

(3) on or after October 1, 2029, if the application is not subject to item (1) 25
or (2) of this section. 26

SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 27
October 1, 2026. 28