• ​Effective as of October 1, 2022, HB1200 requires permit applicants who are applying for a permit which requires public notice (§​ 1-601) to use a Maryland EJ Tool to develop an EJ Score.
  
• MDE will review the EJ score which includes the facility's location and the EJ report. 
  
• Defined an "EJ Score"
  
• "Means an overall evaluation of an area's environment and existing environmental justice indicators, as defined by the Department in regulation, including:
  
• ​pollution burden exposure;
  
• pollution burden environmental effects;
• sensitive populations; and
  
• socioeconomic factors."
  

Climate Solutions Now Act of 2022 (SB0528)

• ​Defined EJ as "equal protection from environmental and public health hazards for all people regardless of race, income, culture, and social status."
• Defined an underserved community as "any census tract in which, according to the most recent U.S. census bureau survey:
• ​at least 25% of the residents qualify as low-income;
• at least 50% of the resident identify as nonwhite; or
• at least 15% of the residents have limited English proficiency."
• ​​​Defined an overburdened community as "any census tract in which three or more of the following environmental health indicators are above the 75th percentile statewide:
• ​​particulate matter (PM) 2.5;
• ozone;
• National Air Toxic Assessment (NATA) diesel PM;
• NATA cancer risk
• NATA respiratory hazard index;
• traffic proximity;
• lead paint indicator;
• national priorities list of superfund site proximity
• risk management plan facility proximity;
• hazardous waste proximity;
• wastewater discharge indicator;
• proximity to a concentrated animal feeding operation (CAFO);
• percent of the population lacking broadband coverage;
• asthma emergency room discharges;
  
• myocardial infarction discharges;
• ​low-birth-weight infants;
  
• proximity to emitting power plants;
  
• proximity to a toxic release inventory (TRI) facility;
• proximity to a brownfields site;
  
• proximity to mining operations; and
• proximity to a hazardous waste landfill."
  
• MDE is required to consult with the Commission on Environmental Justice and Sustainable Communities (CEJSC)
  
• to adopt a methodology for identifying communities disproportionately affected by climate impacts;
• develop specific strategies to address geographical impact concerns;
• reduce green house gas (GHG) emissions and build climate equity in disproportionately affected communities; and
• establish goals for the percent of state funding for GHG reduction measures used for the benefit of disproportionately affected communities.
  

• MDE is required to maintain a database​ of Supplemental Environmental Projects (SEPs) to be considered as part of a settlement of an enforcement​ action. 
  
• ​MDE will solicit input from communities in the State that are overburdened, underserved, or otherwise disadvantaged by environmental stressors.
  
• ​MDE will prioritize SEPs located in the same geographic area as the alleged violation.