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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0781*
SENATE BILL 781
M3 6lr1761
CF 6lr1546
By: Senator Brooks
Introduced and read first time: February 6, 2026
Assigned to: Education, Energy, and the Environment
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 describing certain environmental and public health burdens 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 jud icial review apply to certain individual environmental 21
permits for sites or facilities located within certain at –risk census tracts; 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
Sustainable Communities” to immediately precede Section 1–704; and Section 28
1–708 through 1 –715 to be under the new part “Part III. Env ironmental 29
Permits” 30
2 SENATE BILL 781
Annotated Code of Maryland 1
(2013 Replacement Volume and 2025 Supplement) 2
BY repealing and reenacting, with amendments, 3
Article – Environment 4
Section 1–701, 1–702, and 2–404.1 5
Annotated Code of Maryland 6
(2013 Replacement Volume and 2025 Supplement) 7
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 8
That the Laws of Maryland read as follows: 9
Article – Environment 10
PART I. DEFINITIONS. 11
1–701. 12
(a) [(1)] In this [section] SUBTITLE the following words have the meanings 13
indicated. 14
(B) “AT–RISK CENSUS TRACT ” MEANS ANY GEOGRAPHIC AREA WITHIN A 15
1.5–MILE RADIUS OF THE BOUNDARIES OF: 16
(1) ANY CENSUS TRACT FOR WHICH THE FINAL EJ SCORE FROM THE 17
MARYLAND EJ TOOL IS AT OR ABOVE THE 75TH PERCENTILE IN THE STATE; 18
(2) ANY CENSUS TRACT FOR WHICH SIX OR MORE OF THE 19
ENVIRONMENTAL HEALTH INDICATORS IN THE DE FINITION OF “OVERBURDENED” 20
ARE AT OR ABOVE THE 75TH PERCENTILE IN THE STATE; OR 21
(3) ANY CENSUS TRACT FOR WHICH THE PROXIMITY TO: 22
(I) MINING OPERATIONS IS AT OR ABOVE THE 95TH 23
PERCENTILE IN THE STATE; 24
(II) EMITTING POWER PLANTS IS AT OR ABOVE THE 95TH 25
PERCENTILE IN THE STATE; 26
(III) A HAZARDOUS WASTE LANDFILL IS AT OR ABOVE THE 95TH 27
PERCENTILE IN THE STATE; OR 28
(IV) A CONCENTRATED ANIMAL FEEDING OPERATION IS AT OR 29
ABOVE THE 99TH PERCENTILE IN THE STATE. 30
SENATE BILL 781 3
(C) “BURDEN REPORT” MEANS THE BASELINE UNDERSTANDING OF 1
RISK, DISPARITIES, AND ENVIRONMENTAL NEEDS REPORT REQUIRED UNDER 2
§ 1–708 OF THIS SUBTITLE. 3
[(2)] (D) “Business organization” means a corporation, business trust, 4
partnership, or any other for–profit entity. 5
[(3)] (E) “Commission” means the Commission on Environmental Justice 6
and Sustainable Communities. 7
[(4)] (F) “Community listeni ng session” means a public convening to 8
gather information and input from community members. 9
(G) (1) “COVERED GENERAL PERMIT” MEANS ANY STATEWIDE GENERAL 10
PERMIT FOR: 11
(I) AIR EMISSIONS FROM CONCRETE BATCH PLANTS; OR 12
(II) DISCHARGES FROM: 13
1. ANIMAL FEEDING OPERATIONS; 14
2. MINING OPERATIONS; OR 15
3. STORMWATER ASSOCIATED WITH INDUSTRIAL 16
ACTIVITY. 17
(2) “COVERED GENERAL PERMI T” DOES NOT INCLUDE A G ENERAL 18
PERMIT FOR STORMWATE R DISCHARGES ASSOCIA TED WITH CONSTRUCTIO N 19
ACTIVITY. 20
(H) “COVERED INDIVIDUAL PERMIT” MEANS A PERMIT THAT IS: 21
(1) FOR A SITE OR FACILIT Y LOCATED WITHIN AN AT–RISK CENSUS 22
TRACT; AND 23
(2) (I) AN AIR QUALITY CONTRO L PERMIT TO CONSTRUC T 24
SUBJECT TO § 2–404 OF THIS ARTICLE; 25
(II) A PERMIT TO DISCHARGE POLLUTANTS TO WATERS OF THE 26
STATE ISSUED IN ACCORDANCE WITH § 9–323 OF THIS ARTICLE FOR: 27
1. CEMENT ASH; 28
4 SENATE BILL 781
2. AN ANIMAL FEEDING OPERATION OR HATCHERY; 1
3. A FUEL FACILITY; 2
4. A MINING OPERATION; OR 3
5. A REFUSE DISPOSAL SYSTEM; 4
(III) A PERMIT TO INSTALL, MATERIALLY ALTER , OR 5
MATERIALLY EXTEND A STRUCTURE USED FOR STORAGE OR DISTRIBUTION OF ANY 6
TYPE OF SEWAGE SLUDGE ISSUED, RENEWED, OR AMENDED IN ACCORDANCE WITH § 7
9–234.1 OR § 9–238 OF THIS ARTICLE; 8
(IV) A PERMIT TO OWN, OPERATE, OR MAINTAIN A HAZARDOUS 9
MATERIAL FACILITY ISSUED IN ACCORDANCE WITH § 7–103 OF THIS ARTICLE; 10
(V) A PERMIT TO OWN , OPERATE, ESTABLISH, OR MAINTAIN A 11
LOW–LEVEL NUCLEAR WASTE FACILITY ISSUED IN A CCORDANCE WITH TO § 7–233 12
OF THIS ARTICLE; 13
(VI) A PERMIT ISSUED IN ACCORDANCE WITH TITLE 9, 14
SUBTITLE 2 OF THIS ARTICLE FOR A REFUSE DISPOSAL SYSTEM; 15
(VII) A STATE PERMIT TO OPERA TE FOR AN AIR POLLUT ION 16
SOURCE THAT DOES NOT REQUIRE AN OPERATING PERMIT ISSUED UNDER TITLE V 17
OF THE FEDERAL CLEAN AIR ACT AMENDMENTS OF 1990; OR 18
(VIII) AN AIR QUALITY OPERAT ING PERMIT ISSUED IN 19
ACCORDANCE WITH TITLE V OF THE FEDERAL CLEAN AIR ACT AMENDMENTS OF 20
1990. 21
[(5)] (I) “Environmental justice” means equal protection from 22
environmental and public health hazards for all people regardless of race, income, culture, 23
and social status. 24
[(6)] (J) “Environmental organization” means a nonprofit entity engaged 25
in advocacy, action, education, or job training related to conservation, stewardship of 26
natural resources, pollution reduction, or climate impacts. 27
[(7)] (K) “Overburdened community” means any census tract for which 28
three or more of the following environmental health indicators are above the 75th percentile 29
statewide: 30
[(i)] (1) Particulate matter (PM) 2.5; 31
SENATE BILL 781 5
[(ii)] (2) Ozone; 1
[(iii)] (3) National Air Toxics Assessment (NATA) diesel PM; 2
[(iv)] (4) NATA cancer risk; 3
[(v)] (5) NATA respiratory hazard index; 4
[(vi)] (6) Traffic proximity; 5
[(vii)] (7) Lead paint indicator; 6
[(viii)] (8) National Priorities List Superfund site proximity; 7
[(ix)] (9) Risk Management Plan facility proximity; 8
[(x)] (10) Hazardous waste proximity; 9
[(xi)] (11) Wastewater discharge indicator; 10
[(xii)] (12) Proximity to a Concentrated Animal Feeding Operation 11
(CAFO); 12
[(xiii)] (13) Percent of the population lacking broadband coverage; 13
[(xiv)] (14) Asthma emergency room discharges; 14
[(xv)] (15) Myocardial infarction discharges; 15
[(xvi)] (16) Low–birth–weight infants; 16
[(xvii)] (17) Proximity to emitting power plants; 17
[(xviii)] (18) Proximity to a Toxic Release Inventory (TRI) facility; 18
[(xix)] (19) Proximity to a brownfields site; 19
[(xx)] (20) Proximity to mining operations; and 20
[(xxi)] (21) Proximity to a hazardous waste landfill. 21
[(8)] (L) “Underserved community” means any census tract in which, 22
according to the most recent U.S. Census Bureau Survey: 23
6 SENATE BILL 781
(i) At least 25% of the residents qualify as low–income; 1
(ii) At least 50% of the residents identify as nonwhite; or 2
(iii) At least 15% of the residents have limited English proficiency. 3
1–702. RESERVED. 4
1–703. RESERVED. 5
PART II. COMMISSION ON ENVIRONMENTAL JUSTICE AND SUSTAINABLE 6
COMMUNITIES. 7
1–704. 8
[(b)] (A) There is a Commission on Environmental Justice and Sustainable 9
Communities. 10
[(c)] (B) (1) The Commission consists of the following members: 11
(i) One member of the Senate of Maryland, appointed by the 12
President of the Senate; 13
(ii) One member of the House of Delegates, appointed by the Speaker 14
of the House; 15
(iii) The Secretary, or the Secretary’s designee; 16
(iv) The Secretary of Health, or the Secretary’s designee; 17
(v) The Secretary of Planning, or the Secretary’s designee; 18
(vi) The Secretary of Commerce, or the Secretary’s designee; 19
(vii) The Secretary of Housing and Community Development, or the 20
Secretary’s designee; 21
(viii) The Secretary of Transportation, or the Secretary’s designee; 22
(ix) The following members appointed by the Governor: 23
1. At least one representative from a comm unity 24
disproportionately impacted by environmental and public health hazards; 25
2. One representative of a business organization; 26
SENATE BILL 781 7
3. One representative of an environmental organization; 1
4. One representative who is a health expert on 2
environmental justice issues; and 3
5. One representative of an academic institution with an 4
environmental justice institute or similar program; 5
(x) The following members appointed jointly by the President of the 6
Senate and the Speaker of the House: 7
1. At least three representatives from communities 8
disproportionately impacted by environmental and public health hazards that represent 9
the geographic diversity of the State; 10
2. One representative of a business organization; 11
3. One representative of an environmental organization; and 12
4. One representative who is a health expert on 13
environmental justice issues; 14
(xi) One representative of local government, designated by the 15
Maryland Association of Counties; 16
(xii) One representative of loc al government, designated by the 17
Maryland Municipal League; and 18
(xiii) Two representatives of a labor union, designated by the 19
Maryland State and D.C. AFL–CIO. 20
(2) To the extent practicable, the membership of the Commission shall 21
reflect the racial, gender, ethnic, and geographic diversity of the State, according to the 22
most recent available census data. 23
[(d)] (C) (1) The term of a member appointed by the Governor or the 24
President of the Senate and the Speaker of the House is 3 years. 25
(2) At the end of a term, a member continues to serve until a successor is 26
appointed and qualifies. 27
(3) A member who is appointed after a term has begun serves only for the 28
rest of the term and until a successor is appointed and qualifies. 29
(4) A member may not be appointed to more than two consecutive terms. 30
8 SENATE BILL 781
(5) The Department shall provide a new Commission member with an 1
orientation that reviews: 2
(i) Environmental justice issues in the State; and 3
(ii) Previous work of the Commission. 4
[(e)] (D) The Commission shall elect a chair from among its members. 5
[(f)] (E) (1) The Department shall provide staff for the Commission. 6
(2) The staffing responsibilities of the Department shall include: 7
(i) Conducting research and gathering data at the direc tion of the 8
Commission; 9
(ii) Arranging and staffing Commission meetings; 10
(iii) Serving as an informed resource for the chair and members; and 11
(iv) Managing, implementing, and carrying out the Commission’s 12
work to achieve its mission and overall purpose. 13
[(g)] (F) (1) (i) The Commission shall: 14
1. Meet at least six times per calendar year; and 15
2. Host at least four community listening sessions per 16
calendar year in communities disproportionately impacted by environmental and public 17
health hazards, with a majority of the members of the Commission present at each 18
community listening session. 19
(ii) Of the meetings and community listening sessions required 20
under subparagraph (i) of this paragraph, the Commission shall establish rotating meeting 21
or community listening session locations in different geographic locations of the State, 22
including: 23
1. At least one in a rural location of the State; and 24
2. At least one in an urban location of the State. 25
(iii) The meetings and commun ity listening sessions required under 26
subparagraph (i) of this paragraph shall be reasonably accessible to all attendees, including 27
persons with: 28
1. Limited English proficiency; and 29
SENATE BILL 781 9
2. Disabilities. 1
(iv) The Department shall post notice of th e time and location of a 2
meeting or community listening session required under subparagraph (i) of this paragraph 3
on its website at least 30 days before the meeting or community listening session. 4
(2) A majority of members of the Commission shall constitute a quorum for 5
the transaction of business. 6
(3) A member of the Commission: 7
(i) May not receive compensation as a member of the Commission; 8
but 9
(ii) Is entitled to reimbursement for expenses under the Standard 10
State Travel Regulations, as provided in the State budget. 11
(4) A member of the Commission may not represent more than one entity 12
or group. 13
[(h)] (G) The Commission shall: 14
(1) Advise State government agencies on environmental justice and related 15
community issues; 16
(2) Use data sets and mapping tools to review and analyze the impact of 17
current State and local laws, permits, actions, and policies on the issue of environmental 18
justice and sustainable communities, including cumulative impacts, effects, and exposure; 19
(3) Assess the adequacy of State and local government laws to address the 20
issue of environmental justice and sustainable communities, including assessing 21
compliance with Title VI of the federal Civil Rights Act of 1964; 22
(4) Coordinate with the Children’s Environment al Health and Protection 23
Advisory Council, the Maryland Office of Minority Health and Health Disparities, and the 24
Commission on Climate Change on recommendations related to environmental justice and 25
sustainable communities; 26
(5) In accordance with [§ 1–702] § 1–705 of this subtitle, coordinate with 27
the Department on: 28
(i) The adoption of a methodology for identifying communities 29
disproportionately affected by climate impacts; 30
(ii) The development of specific strategies to address geographical 31
impact concerns, reduce emissions of greenhouse gases and co –pollutants, and build 32
climate equity and resilience within disproportionately affected communities; and 33
10 SENATE BILL 781
(iii) The establishment of goals for the percentage of State funding 1
for greenhouse gas emis sion reduction measures that should be used for the benefit of 2
disproportionately affected communities; 3
(6) Recommend options to the Governor and the General Assembly for 4
addressing issues, concerns, or problems related to environmental justice that surface after 5
reviewing State laws and policies, including prioritizing areas of the State that need 6
immediate attention; and 7
(7) Recommend options to the Secretary for ensuring that the Department 8
is making progress in advancing the human right to safe, clean, affordable, and accessible 9
water for consumption, cooking, sanitation, health, and recreation purposes. 10
[(i)] (H) On or before October 1 of each year, the Commission shall report its 11
findings and recommendations to the Governor and, subject to § 2 –1257 of the State 12
Government Article, the General Assembly. 13
[1–702.] 1–705. 14
(a) On or before December 31, 2023, the Department, in consultation with the 15
Commission on Environmental Justice and Sustainable Communities, shall: 16
(1) Subject to subsection (b) of this section, adopt a methodology for 17
identifying communities disproportionately affected by climate impacts; 18
(2) Develop specific strategies to address geographical impact concerns, 19
reduce emissions of greenhouse gases and co –pollutants, and build climate equity and 20
resilience within communities disproportionately affected by climate impacts; 21
(3) Set appropriate goals for the percentage of State funding for greenhouse 22
gas emission reduction measures that should be used for the benefit of di sproportionately 23
affected communities; and 24
(4) Report to the Maryland Commission on Climate Change and, in 25
accordance with § 2 –1257 of the State Government Article, the General Assembly on the 26
policies and programs developed under this subsection. 27
(b) In evaluating methodologies under subsection (a)(1) of this section, the 28
Department shall, at a minimum, include: 29
(1) Underserved communities; 30
(2) Overburdened communities; and 31
SENATE BILL 781 11
(3) Areas that are vulnerable to climate impacts, such as flooding, s torm 1
surges, and urban heat island effects, due to low levels of tree coverage, high levels of 2
impervious surfaces, or other factors. 3
(c) In carrying out its responsibilities under this section, the Department shall: 4
(1) Solicit input from all segments of the population that will be impacted 5
by the policies developed under subsection (a) of this section, including individuals living 6
in areas that may be identified as disproportionately affected communities under the 7
proposed criteria; 8
(2) Ensure tha t equity and geographical impact remedies are key 9
principles; and 10
(3) Incorporate geographical impact considerations into all 11
recommendations, policies, programs, and funding priorities. 12
1–706. RESERVED. 13
1–707. RESERVED. 14
PART III. ENVIRONMENTAL PERMITS. 15
1–708. 16
(A) (1) AN APPLICATION FOR THE ISSUANCE OR RENEWAL OF A COVERED 17
INDIVIDUAL PERMIT SH ALL INCLUDE A BASELINE UNDERSTANDING OF RISK, 18
DISPARITIES, AND ENVIRONMENTAL NEEDS (BURDEN) REPORT PREPARED IN 19
ACCORDANCE WITH THIS SECTION. 20
(2) THE DEPARTMENT MAY NOT CONSIDER AN APPLICATION FOR THE 21
ISSUANCE OR RENEWAL OF A COVERED INDIVID UAL PERMIT UNLESS TH E 22
DEPARTMENT DETERMINES THAT THE APPLICATION INCLUDES A BURDEN 23
REPORT PREPARED IN ACCORDANCE WITH THIS SECTION. 24
(B) SUBJECT TO SUBSECTION (C) OF THIS SECTION, A BURDEN REPORT 25
REQUIRED UNDER SUBSECTION (A) OF THIS SECTION SHALL: 26
(1) (I) DESCRIBE THE EXISTING ENVIRONMENTAL AND PU BLIC 27
HEALTH BURDEN FOR THE AT–RISK CENSUS TRACT IN WHICH THE SITE OR FACILITY 28
REQUIRING THE COVERED INDIVIDUAL PERMIT IS, OR WOULD BE, LOCATED; AND 29
(II) DESCRIBE THE POTENTIA L OR CURRENT CONTRIB UTIONS 30
TO THE EXISTING ENVIRONMENTAL AND PUBLIC HEALTH BURDEN BY THE SITE OR 31
FACILITY; AND 32
12 SENATE BILL 781
(2) AT A MINIMUM, INCLUDE: 1
(I) 1. THE EJ SCORE FROM THE MARYLAND EJ TOOL FOR 2
THE CENSUS TRACT IN W HICH THE SITE OR FAC ILITY IS LOCATED , INCLUDING A 3
DESCRIPTION OF THE INDICATORS CONTRIBUTING TO THE EJ SCORE; AND 4
2. THE EJ SCORES FROM THE MARYLAND EJ TOOL FOR 5
EACH CENSUS TRACT LO CATED WITHIN A 1.5–MILE RADIUS OF THE B OUNDARY OF 6
THE SITE OR FACILITY , INCLUDING A DESCRIPT ION OF THE INDICATOR S 7
CONTRIBUTING TO THE EJ SCORE; 8
(II) A COMPREHENSIVE LIST O F EACH EXISTING POLL UTION 9
SOURCE, OR CATEGORY OF SOURC ES, THAT IS IMPACTING TH E AT –RISK CENSUS 10
TRACT OR TRACTS WITHIN A 1.5–MILE RADIUS OF THE SITE OR FACILITY, INCLUDING 11
A DESCRIPTION OF POTENTIAL ROUTES OF HUMAN EXPOSURE TO POLLUTION FROM 12
EACH SOURCE OR CATEGORY IDENTIFIED; 13
(III) AMBIENT CONCENTRATION S OF REGULATED AIR 14
POLLUTANTS AND REGULATED HAZARDOUS AIR POLLUTANTS; 15
(IV) 1. TO THE EXTENT INFORMA TION IS AVAILABLE , 16
EXISTING TRAFFIC COU NT IN AT –RISK CENSUS TRACTS W ITHIN 1.5 MILES OF THE 17
SITE OR FACILITY; AND 18
2. ANTICIPATED CONTRIBUT IONS TO THE TRAFFIC 19
COUNT FROM THE SITE OR FACILITY , INCLUDING VEHICLE TY PES, ASSOCIATED 20
EMISSIONS, AND ANTICIPATED ROUT ES IN AT –RISK CENSUS TRACTS W ITHIN 1.5 21
MILES OF THE SITE OR FACILITY; 22
(V) EXPOSURE OR POTENTIAL EXPOSURE TO CONTAMIN ATED 23
DRINKING WATER SUPPLIES IN AT–RISK CENSUS TRACTS WITHIN 1.5 MILES OF THE 24
SITE OR FACILITY; 25
(VI) PROXIMITY OF THE SITE OR FACILITY TO EXIST ING 26
SOURCES OF POLLUTION; 27
(VII) THE POTENTIAL OR PROJ ECTED CONTRIBUTION O F THE 28
SITE OR FACILITY TO EXISTING POLLUTION B URDENS IN THE AT –RISK CENSUS 29
TRACT, ACCOUNTING FOR THE E XISTING BURDEN AND T HE POTENTIAL H EALTH 30
EFFECTS OF ANY CONTRIBUTION; 31
SENATE BILL 781 13
(VIII) AN EVALUATION OF EXIS TING ENVIRONMENTAL A ND 1
PUBLIC HEALTH STRESS ORS AND INDICATORS B ORNE BY THE AT –RISK CENSUS 2
TRACT OR AREAS WITHIN 1.5–MILES OF THE SITE OR FACILITY; 3
(IX) AN EVALUATION OF ANY ENVIRONMENTAL AND PUBLIC 4
HEALTH STRESSORS AND INDICATORS POSED BY THE SITE OR FACILITY; AND 5
(X) IF AN APPLICANT MAINT AINS THAT A PROPOSED ACTIVITY 6
REQUIRING A PERMIT FOR A NEW POLLUTION S OURCE OR A PERMIT THAT ALLOWS 7
FOR AN INCREASE IN P OLLUTION FROM AN EXI STING SOURCE SERVES A 8
COMPELLING PUBLIC IN TEREST IN THE AT –RISK AREA , A DISCUSSION THAT 9
DEMONSTRATES THE PUB LIC INTEREST FOR THE ACTIVITY AND ALTERNA TIVES 10
THAT COULD SERVE THE SAME PUBLIC INTEREST. 11
(C) (1) THIS SUBSECTION APPLIES TO AN APPLICATION FOR A COVERED 12
INDIVIDUAL PERMIT FOR A SITE OR FACILITY LOCATED WITHIN AN AT–RISK CENSUS 13
TRACT THAT: 14
(I) IS FOR A NEW POLLUTION SOURCE; OR 15
(II) WILL ALLOW FOR AN INC REASE IN POLLUTION F ROM AN 16
EXISTING POLLUTION SOURCE. 17
(2) SUBJECT TO SUBSECTION (E) OF THIS SECTION AND AFTER 18
REVIEW OF A BURDEN REPORT PREPARED IN ACCORDANCE WITH THIS SECTION, 19
THE DEPARTMENT SHALL ISSU E A DETERMINATION ON WHETHER APPROVING AN 20
APPLICATION FOR A CO VERED INDIVIDUAL PERMIT WILL, TOGETHER WITH OTHER 21
ENVIRONMENTAL OR PUBLIC HEALTH STRESSORS OR INDICATORS AFFECTING THE 22
AT–RISK CENSUS TRACT, CAUSE OR CONTRIBUTE TO ADVERSE ENVIRONMENTAL OR 23
PUBLIC HEALTH STRESSORS OR INDICATORS IN THE AT–RISK CENSUS TRACT THAT 24
ARE HIGHER THAN THOSE BORNE BY OTHER AREAS WITHIN THE STATE. 25
(3) IF THE DEPARTMENT DETERMINES TH AT APPROVING AN 26
APPLICATION FOR A COVERED INDIVIDUAL PERMIT WILL CAUSE OR CONTRIBUTE TO 27
ADVERSE ENVIRONMENTAL OR PUBLIC HEALTH STRESSORS OR INDICATORS UNDER 28
PARAGRAPH (2) OF THIS SUBSECTION , THE DEPARTMENT SHALL DENY THE 29
APPLICATION UNL ESS THE APPLICANT CA N DEMONSTRATE THAT T HE ACTIVITY 30
REQUIRING THE PERMIT WILL SERVE A COMPELL ING PUBLIC INTEREST IN THE 31
AT–RISK CENSUS TRACT IN WHICH THE ACTIVITY WILL TAKE PLACE. 32
(4) IF THE DEPARTMENT DETERMINES THAT AN APPLICATION FOR A 33
COVERED INDIVIDUAL PERMIT MAY BE APPROVED UNDER THIS SUBSECTION, THE 34
14 SENATE BILL 781
DEPARTMENT SHALL IMPOSE PERMIT CONDITIONS TO PROTECT ENVIRONMENTAL 1
AND PUBLIC HEALTH. 2
(D) (1) THIS SUBSECTION APPLIES TO AN APPLICATION FOR A RENEWAL 3
OF A COVERED INDIVID UAL PERMIT FOR A SIT E OR FAC ILITY LOCATED WITHIN AN 4
AT–RISK CENSUS TRACT THAT DOES NOT ALLOW AN INCREASE IN POLLUTION FROM 5
THE EXISTING SITE OR FACILITY. 6
(2) SUBJECT TO SUBSECTION (E) OF THIS SECTION AND AFTER 7
REVIEW OF A BURDEN REPORT PREPARED IN ACCORDANCE WITH THIS SECTION, 8
THE DEPARTMENT SHALL ISSU E A DETERMINATION ON WHETHER APPROVING AN 9
APPLICATION FOR A CO VERED INDIVIDUAL PERMIT WILL, TOGETHER WITH OTHER 10
ENVIRONMENTAL OR PUBLIC HEALTH STRESSORS OR INDICATORS AFFECTING THE 11
AT–RISK CENSUS TRACT, CAUSE OR CONTRIBUTE TO ADVERSE ENVIRONMENTAL OR 12
PUBLIC HEALTH STRESSORS OR INDICATORS IN THE AT–RISK CENSUS TRACT THAT 13
ARE HIGHER THAN THOSE BORNE BY OTHER AREAS WITHIN THE STATE. 14
(3) IF THE DEPARTMENT DETERMINES THAT APPROVING AN 15
APPLICATION FOR A COVERED INDIVIDUAL PERMIT WILL CAUSE OR CONTRIBUTE TO 16
ADVERSE ENVIRONMENTAL OR PUBLIC HEALTH STRESSORS OR INDICATORS UNDER 17
PARAGRAPH (2) OF THIS SUBSECTION, THE DEPARTMENT MAY: 18
(I) DENY THE APPLICATION FOR THE RENEWAL PERMIT; OR 19
(II) APPROVE THE APPLICATI ON FOR THE RENEWAL P ERMIT 20
ONLY IF THE DEPARTMENT IMPOSES ADDITIONAL PERMIT CONDITIONS TO PROTECT 21
ENVIRONMENTAL AND PUBLIC HEALTH. 22
(E) THE DEPARTMENT SHALL PREPARE A TENTATIVE DETERMINATION OF 23
ANY DETERMINATION RE QUIRED UNDER SUBSECT ION (C)(2) OR (D)(2) OF THIS 24
SECTION THAT INCLUDES: 25
(1) A PROPOSAL TO ISSUE OR RENEW OR NOT TO ISSUE OR RENEW A 26
PERMIT; 27
(2) ANY PROPOSED PERMIT LIMITATIONS AND CONDITIONS; 28
(3) A BRIEF EXPLANATION OF THE DEPARTMENT’S TENTATIVE 29
DETERMINATION; AND 30
(4) ANY PROPOSED SCHEDULE FOR COMPLIANCE. 31
SENATE BILL 781 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 TH E PERMIT 6
APPLICATION, INCLUDING ANY REVISIONS AND SUPPORTING DOCUMENTS; AND 7
(III) THE TENTATIVE DETERMI NATION PREPARED UNDE R 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 PUBLIC COMMENTS SUBM ITTED 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 PROVI SION OF 18
LAW THAT LIMITS OR OTHERWISE RESTRICTS THE RECORD THAT MAY BE COMPILED 19
FOR JUDICIAL REVIEW. 20
(G) IF AN APPLICANT IS AP PLYING FOR MORE THAN ONE COVERED 21
INDIVIDUAL PERMIT TH AT WILL ALLOW FOR AN INCREASE IN POLLUTIO N FROM A 22
NEW OR EXISTING SOUR CE, THE APPLICANT SHALL COMPLY WITH THE 23
REQUIREMENTS OF THIS SECTION O NLY ONCE UNLESS THE DEPARTMENT 24
DETERMINES OTHERWISE DUE TO THE COMPLEXIT Y 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 ST RESSORS AND 30
INDICATORS IN ITS DETERMINATION; 31
16 SENATE BILL 781
(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 EFFECTIVE NESS 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 C ONDITION 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 CONTROL AND FOR WHICH 19
THERE IS NO ALTERNATIVE REMEDY. 20
1–711. 21
(A) A COVERED INDIVIDUAL P ERMIT THAT IS LISTED UNDER § 1–601 OF 22
THIS TITLE SHALL BE SUBJECT TO THE PUBLI C PARTICIPATION REQU IREMENTS 23
UNDER SUBTITLE 6 OF THIS TITLE. 24
(B) (1) THIS SUBSECTION APPLI ES TO A COVERED INDIVIDUAL P ERMIT 25
THAT: 26
(I) IS NOT LISTED UNDER § 1–601 OF THIS TITLE; AND 27
(II) IS NOT AN AIR QUALITY PERMIT ISSUED IN ACC ORDANCE 28
WITH TITLE V OF THE FEDERAL CLEAN AIR ACT AMENDMENTS OF 1990. 29
SENATE BILL 781 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 PERIOD FOR A DRAFT PERMIT OR TE NTATIVE DETERMINATION 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 SUBSUBP ARAGRAPH 1 OF THIS SUBPARAGRAPH SHALL BE 11
SUBMITTED IN WRITING A ND BEFORE THE EXPIRA TION 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 PERM IT ISSUED IN ACCORDA NCE 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 SC HEDULED IN ACCORDANC E 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 SENATE BILL 781
(A) (1) A COVERED INDIVIDUAL P ERMIT SHALL BE SUBJE CT 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 JUDIC IAL REVIEW OF A COVE RED INDIVIDUAL PERMI T 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 ENFORCEMENT ACTION A GAINST ANY PERMITTED 18
FACILITY LOCATED WITHIN AN AT–RISK AREA INCLUDING NOTICES OF VIOLATIONS, 19
PENALTIES, CONSENT ORDERS , COMPLIANCE ASSESSMEN TS, AND CONCLUD ED 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 ENCOURAG ES 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
SENATE BILL 781 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 ADOP T 5
REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS PART. 6
(B) (1) ON OR BEFORE OCTOBER 1, 2027, THE DEPARTMENT SHALL 7
ADOPT REGULATIONS DE FINING “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 ad ministrative 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 SENATE BILL 781
(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 repor t to the General Assembly, in accordance 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 the 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 the 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
SENATE BILL 781 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 subm itted 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