Bill Summary – FastDemocracy

SB 674
                                  Department of Legislative Services
                                             Maryland General Assembly
                                                   2021 Session
                                         FISCAL AND POLICY NOTE
                                              Enrolled - Revised
Senate Bill 674               (Senator Elfreth, et al.)
Education, Health, and Environmental Affairs            Environment and Transportation
            Environment - Commission on Environmental Justice and Sustainable
                                Communities - Reform
This bill makes several changes to the Commission on Environmental Justice and
Sustainable Communities (CEJSC). The bill (1) alters the composition of the commission
and provisions governing the appointment of members and the designation of the chair;
(2) requires that, to the extent practicable, the membership must reflect the racial, gender,
ethnic, and geographic diversity of the State, as specified; (3) requires the Maryland
Department of the Environment (MDE) to provide new commission members with a
specified orientation; (4) requires CEJSC to meet at least six times per calendar year,
requires CEJSC to hold at least four “community listening sessions” per calendar year, and
establishes meeting and community listening session requirements, as specified; and
(5) alters and expands the required duties of CEJSC.
                                                      Fiscal Summary
State Effect: General fund expenditures increase by $122,600 in FY 2022; future years
reflect annualization and ongoing costs. Revenues are not affected.
      (in dollars)               FY 2022               FY 2023                FY 2024               FY 2025                FY 2026
   Revenues                               $0                    $0                     $0                    $0                     $0
   GF Expenditure                    122,600               143,200                147,500               152,800                158,300
   Net Effect                     ($122,600)            ($143,200)             ($147,500)            ($152,800)             ($158,300)
Note:() = decrease; GF = general funds; FF = federal funds; SF = special funds; - = indeterminate increase; (-) = indeterminate decrease
Local Effect: The bill is not anticipated to have a material, direct effect on local
government operations or finances.
Small Business Effect: Minimal.
                                         Analysis
Bill Summary/Current Law: CEJSC, which is staffed by MDE, was established by
executive order in 2001 and codified in 2003. Under current law, CEJSC consists of
20 members, some designated in statute (including 1 member of each chamber of the
Maryland General Assembly, appointed by the President of the Senate and the Speaker of
the House, respectively) and others appointed by the Governor. The bill expands the
membership of the commission and alters the appointment process for specified
commission members. The bill also requires that, to the extent practicable, the membership
must reflect the racial, gender, ethnic, and geographic diversity of the State, as specified.
The bill further specifies that a CEJSC member may not represent more than one ethnicity
or group. Under current law, the Governor designates the chair of CEJSC. Under the bill,
CEJSC must elect a chair from among its members. The bill requires MDE to provide new
members with an orientation that reviews environmental justice issues in the State and the
previous work of CEJSC.
Under current law, CEJSC must meet at the times and places that the chairman determines.
Under the bill, CEJSC must (1) meet at least six times per calendar year and (2) host at
least four community listening sessions per calendar year in communities
disproportionately impacted by environmental and public health hazards, with a majority
of the commission members present at each community listening session. A “community
listening session” is a public convening to gather information and input from community
members. In addition, the bill requires CEJSC to establish rotating meeting or community
listening session locations in different geographic locations of the State. At least
one meeting or community listening session must be in a rural location of the State and at
least one must be in an urban location of the State. Under the bill, the meetings and
community listening sessions must be reasonably accessible to all attendees, including for
people with limited English proficiency and disabilities. MDE must post notice of the time
and location of CEJSC meetings and community listening sessions on its website at least
30 days before the meeting or community listening session.
Current law requires CEJSC to (1) advise State agencies on “environmental justice” and
related community issues; (2) review and analyze the impact of current State laws and
policies on the issue of environmental justice and sustainable communities; (3) assess the
adequacy of State and local laws to address the issue of environmental justice and
sustainable communities; (4) coordinate with the Children’s Environmental Health and
Protection Advisory Council on recommendations to further environmental justice and
sustainable communities; (5) develop criteria to assess whether communities may be
experiencing environmental justice issues; and (6) recommend options to the Governor for
addressing issues, concerns, or problems related to environmental justice. “Environmental
justice” means equal protection from environmental and public health hazards for all
people regardless of race, income, culture, and social status.
SB 674/ Page 2
The bill alters and expands these duties as follows:
      requires CEJSC to use data sets and mapping tools to review and analyze the impact
       of current State and local laws, permits, actions, and policies on the issue of
       environmental justice and sustainable communities, including cumulative impacts
       effects, and exposure;
      requires the current law assessment of the adequacy of State and local government
       laws to address the issue of environmental justice and sustainable communities, to
       include an assessment of compliance with Title VI of the Federal Civil Rights Act
       of 1964;
      requires CEJSC to coordinate with the Maryland Office of Minority Health and
       Health Disparities and the Commission on Climate Change (in addition to the
       Children’s Environmental Health and Protection Advisory Council) on
       recommendations related to environmental justice and sustainable communities;
      repeals the requirement that CEJSC develop criteria to assess whether communities
       in the State may be experiencing environmental justice issues; and
      requires CEJSC to recommend options to the General Assembly (in addition to the
       Governor) for addressing issues, concerns, or problems related to environmental
       justice that surface after reviewing State laws and policies, including prioritizing
       areas of the State that need immediate attention.
State Expenditures: General fund expenditures for MDE increase by $122,648 in
fiscal 2022, which accounts for the bill’s October 1, 2021 effective date. This estimate
reflects the cost of hiring two administrators to handle the expanded duties of the
commission, including (1) developing and administering the required orientation for new
CEJSC members and (2) implementing the bill’s requirement to use data sets and mapping
tools to review and analyze the impact of current State and local laws, permits, actions, and
policies on the issue of environmental justice and sustainable communities. The estimate
includes salaries, fringe benefits, one-time start-up costs, and ongoing operating expenses. It
is based on MDE’s experience staffing CEJSC and assumes that existing MDE staff are fully
subscribed and cannot absorb the additional workload anticipated as a result of the bill.
         Positions                                                              2.0
         Salaries and Fringe Benefits                                     $111,485
         Operating Expenses                                                 11,163
         Total FY 2022 State Expenditures                                 $122,648
Future year expenditures reflect full salaries with annual increases and employee turnover
and ongoing operating expenses.
SB 674/ Page 3
                              Additional Information
Prior Introductions: None.
Designated Cross File: HB 1207 (Delegate Bridges) - Environment and Transportation.
Information Source(s):    Maryland Department of the Environment; Department of
Legislative Services
Fiscal Note History:     First Reader - February 21, 2021
rh/lgc                   Third Reader - March 11, 2021
                         Enrolled - April 14, 2021
                                Revised - Amendment(s) - April 14, 2021
Analysis by: Kathleen P. Kennedy                    Direct Inquiries to:
                                                    (410) 946-5510
                                                    (301) 970-5510
SB 674/ Page 4
Statutes affected: 
Text - First - Environment - Commission on Environmental Justice and Sustainable Communities - Reform: 1-701 Environment
Text - Third - Environment - Commission on Environmental Justice and Sustainable Communities - Reform: 1-701 Environment
Text - Enrolled - Environment - Commission on Environmental Justice and Sustainable Communities - Reform: 1-701 Environment