Environmental justice bill would require cumulative-burden review and public participation before permits in overburdened areas

Delegate Jazz Lewis presented House Bill 1484, the CHERISH Our Communities Act, to the House Environment and Transportation Committee on March 11. The bill would require the Maryland Department of the Environment to consider cumulative environmental burdens when reviewing permits that would locate new or expanded facilities in or within 1.5 miles of census tracts with high environmental justice (EJ) scores.

Under the bill, MDE would prepare Environmental Burden Reports that document existing pollution, public health indicators, and projected cumulative impacts. The bill would also strengthen public participation by requiring notice and comment processes in front line communities before permits are approved and give MDE explicit authority to deny permits when cumulative impacts would pose excessive public health risks.

Supporters said the law would close gaps left by federal rollbacks of EJ policy and the uneven state permitting process. Frederick Johnson of the Center for Engagement, Environmental Justice and Health said cumulative impacts are a combination of chemical and non'chemical stressors across time that disproportionately affect low'income communities and communities of color. Johns Hopkins public health researchers and community leaders provided technical and neighborhood testimony documenting measured particulate increases and health impacts in fence'line neighborhoods such as Curtis Bay and Langley Park.

Community activists from Langley Park, Curtis Bay, and the Eastern Shore testified about local experiences with multiple sources of pollution, including incinerators, concentrated animal feeding operations (CAFOs), coal terminals and freight traffic, and about health burdens including asthma and higher rates of chronic disease. Johns Hopkins researchers testified that scientific monitoring can now document fence'line exposure and that CHERISH would give regulators tools to incorporate that evidence into permitting decisions.

Opposition testimony from industry groups such as Delmarva Chicken Association and the Maryland Building Industry Association raised concerns about administrative burden, potential delays and costs, and questioned MDE's statutory authority to alter permitting frameworks for certain sources such as CAFOs. The building industry also cited the bill's fiscal note and access limitations to the state EJ screening tool.

Sponsor and coalition representatives said they have worked on amendments to streamline implementation and reduce the fiscal note while retaining protections for overburdened communities, including narrowing report frequency and limiting coverage for general permits.

The committee did not vote at the hearing. Supporters urged the committee to adopt a favorable report; opponents urged changes or narrower scope.