Climate Change and the 2023 Session

There are high hopes that successful climate change legislation will increase in the 2023 Maryland General Assembly session. Significant legislation was enacted in the 2022 session AND other important bills were vetoed by the former Governor. The increased progressive supermajorities in both Chambers and the election of Governor Wes Moore and Comptroller Brooke Lierman (A long-time Climate Leader) bode well for Maryland!

The legislation that UULM-MD supports this session include:

• HB 904 / SB 689 - Energy Savings Act - Reform the EmPOWER Maryland Energy Efficiency Act of 2008

• HB 9 / SB 19 - Transportation Equity Act (supported in 2022, passed the Legislature and vetoed by Governor Hogan)

• HB 908 / SB 613 - Community Solar Energy Generating Systems Program - expansion of pilot program

• HJ 1 / SJ 4 - Environmental Human Rights - Joint Resolution in support of a state constitutional amendment

• HB 342 - Plastic Products - Postconsumer Recycled Content Program

• HB 284 / SB 222 - Extended Producer Responsibility Act (also supported in 2022)

• HB 718 / SB 590 - Reclaim Renewable Energy Act

• HB 840 / SB 743 - Climate, Labor, and Environmental Equity Act of 2023

• HB 915 / SB 843 - Climate Change Adaptation and Mitigation Payment Program and Climate Impact Health Coverage Program

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• HB 904 / SB 689 - Public Utilities - Energy Efficiency and Greenhouse Gas Emissions Reductions - Alterations and Requirements (Energy Savings Act)

  • AKA "Reform the EmPOWER Maryland Energy Efficiency Act of 2008"

    • subsidies for natural gas systems, creates a rebate system to focus on reduction of greenhouse gasses

    • Directs more of the EmPOWER funds to LEnds ow and Moderate Income families and individuals

    • Aligns current Maryland Law with Federal Law which incentivizes movement to electricity over methane gas. Maryland law includes Methane Gas as an alternative to electricity. 

    • Bill passed last year, but was vetoed. 

• HB 9 / SB 19 - Equity in Transportation Sector - Guidelines and Analyses

  • AKA: Transportation Equity Act 

    • Centers equity with planning and data reporting requirements

    • Mandates transit equity in analyses, cost-benefit analyses, and extensive outreach to affected communities be done before public hearings on any proposed major service changes or capital projects

    • Bill passed in 2022 but was vetoed by Governor Hogan. Couldn’t override the veto because of the election, which made it a new MGA.

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• HB 908 / SB 613 - Electricity – Community Solar Energy Generating Systems Program

  • AKA Community Solar Energy Generating Systems Program

    • ​Enacted in 2015 as a Pilot Program that will expire in 2024.

    • The current legislation will make the program permanent. Community Solar Programs can be any solar project or purchasing program, within a geographic area, in which the benefits of a solar project flow to multiple customers such as individuals, businesses, nonprofits, and other groups.

    • This bill will improve access to solar energy for Low to Moderate Income communities.

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• HJ 1 / SJ 4 - Environmental Human Rights -

  • AKA Maryland Environmental Policy Act - MEPA@50 Resolution 

    • To recognize the 50th anniversary of MEPA 

    • To reaffirm the General Assembly’s support of environmental human rights 

    • To promote the fullest implementation of MEPA 

    • To open the door for legislation enhancing MEPA 

    • All is service to fully protecting environmental human rights for all

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• HB 342 - Environment - Plastic Products - Postconsumer Recycled Content Program

  • Establishes the Post Consumer Recycled Content Program, to be administered by MDE’s Office of Recycling

  • Requires producers of certain plastic containers that are sold, offered for sale, or distributed in the State to meet minimum post consumer recycled content requirements for affected products

  • Three categories of plastic containers (only recycled material more expensive than virgin material)

    • Beverage containers: reach 50% by 2033

    • Containers to package or store food: reach 40% by 2033

    • Household cleaning & personal care products: 40% by 2039

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• HB 284 / SB 222 Environment - Reducing Packaging Materials - Producer Responsibility

  • Producers of packaging are required to set up a non-profit to develop an incentive plan to improve recycling and reduce packaging costs.

  • Local government currently pays for the packaging waste, this bill will shift the cost to producers.

  • Helps us transition to a Zero Waste Future, which reduces a huge component of the climate problem: Waste.

  • Will provide a comprehensive look at the waste stream.

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• HB 718 / SB 590 - Renewable Energy Portfolio Standard - Eligible Sources - Alterations (Reclaim Renewable Energy Act of 2023)

  • Removes Tier 1 status for non-green sources from Renewable Portfolio Standard (RPS) including incineration of trash and woody biomass.

  • Bio-gas is a growing problem, especially on the Eastern Shore due to the Concentrated Animal Feeding Operations for swine and poultry. This should be stopped before this becomes a significant source of methane pollution.

  • Bio-gas is significantly more expensive and can only produce a small amount of gas (when compared to the energy needs).  This is a cover for the continued expansion of methane gas infrastructure build-out

  • This bill does not outlaw bio-gas, just removes Tier 1 status.

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• ​​ HB 840 / SB 743 - Climate, Labor, and Environmental Equity Act of 2023

  • Prevent continued environmental racism and injustice in Maryland;

  • Ensure that key state agencies in Maryland are held accountable (through reporting) to the state’s climate, environmental justice, and labor goals;

  • Require thorough planning, evaluation, reporting, and mitigation of negative impacts on underserved and overburdened communities before polluters are permitted to operate;

  • Projects will be evaluated for their cumulative impacts on a community, how they contribute to or mitigate climate change, and how they impact workers, jobs, and property values.

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Bills We Are Monitoring: 

•    HB 6 / SB 92 - Maryland Sustainable Buildings Act aka Bird Safe Building Act

  • Requires all buildings with >50% state funding to meet Leadership in Energy and Environmental Design (LEED) standards

  • Buildings with lots of glass are significantly less efficient and birds can’t always see windows. 

• HB 793 / SB 781 - Off-shore Wind Transmission Bill (Chesapeake Climate Action Network priority)

  • Bill supports the expansion of offshore wind power by setting an offshore wind goal of 8.5 GWh (gigawatt hours)  by 2031

  • Initiates a state process to coordinate transmission infrastructure, and investing in the full build-out of the existing lease areas.   

  Priority Bills Not Introduced or Withdrawn by Sponsor:  

• Climate Crisis and Environmental Justice Act (ClimateXChange priority) - [Not introduced]

  • Implement a Social Cost of Carbon fee to fossil fuels at the entry point of Maryland.

  • Will fund projects supporting the Climate Solutions Now Act with two Funds

    • Benefits Fund to individuals and families (50%)

    • Infrastructure Fund for communities and local government (50%)

  • The fee is initially set fairly low and will increase annually for 10 years

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• Climate Superfund (Chesapeake Climate Action Network priority - CCAN)

  • Establishes a superfund, funded by historical polluters, to remediate environmental damages that they caused. 

  • This will be different from the Climate Crisis and Environment Justice act which is focused on carbon costs. 

  • $9B to be raised in the first year.

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• (HB 499 / SB 225) PFAS (per-and polyfluoroalkyl substances) in Pesticides

  • Withdrawn by Sponsor 

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For more information, please contact Climate Change Issue Lead Phil Webster at ClimateChange@uulmmd.org.