It was a big year for environmental legislation in Annapolis in 2022, with the passage of the Climate Solutions Now Act accelerating Maryland’s greenhouse gas reduction goals.
While 2023 isn’t poised to be nearly as busy for legislators on the environmental front, there are still interesting bills in play.
Here are some issues to pay attention to as the session speeds toward its April 10 adjournment:
Electric trucks (HB230/ SB224)
Nicknamed the Clean Trucks Act of 2023, this bill would require the Maryland Department of the Environment to set a rule requiring an increasing percentage of new medium and heavy-duty vehicles sold in Maryland to be zero-emission, starting in model year 2027. It also requires the department to conduct a feasibility study on the deployment of electric buses and trucks, the results of which could delay the rollout of the requirement. It establishes a grant program, to be run by the Maryland Energy Administration, that would help buyers with the differential cost of electric buses and trucks.
The department already is developing such a rule for the sale of new passenger cars in Maryland, given that the state is tied to California’s action on the subject. Gov. Larry Hogan’s administration did not initiate the rule’s rollout while he was governor, drawing concerns that Maryland could fall behind the Golden State. But officials under Gov. Wes Moore have said the rule is in the works now.
The Clean Trucks Act passed in the Senate 33-11. During a discussion of the bill, Senate Minority Leader Steve Hershey, who opposes it, expressed concerns that the cost of the grant program could draw funds away from other energy projects. The bill is still in committee in the House of Delegates.
Renewable energy portfolio (HB718/ SB590)
For years, environmental groups have been working to alter Maryland’s list of renewable energy sources, which are eligible for financial credits under state law. The list currently lists practices such as trash incineration, wood biomass burning and anaerobic digestion of poultry litter as “Tier 1″ renewable energy sources alongside wind and solar, but this bill would cut them out.
The bill is supported by a number of environmental groups, including Baltimore nonprofits that have fought against the city’s trash incinerator amid air pollution concerns.
But it is opposed by the Chesapeake Bay Foundation, which is among the largest bay advocacy groups. The Bay Foundation supports removing trash incineration from the renewable energy list, but does not support the removal of the provisions for poultry litter or wood, said Doug Myers, the group’s Maryland senior scientist.
The foundation holds that digesting poultry litter is a better alternative to shipping it elsewhere to be spread directly on fields, especially since the methane produced during digestion can be used for energy instead of fossil fuels.
Groups in the poultry and forestry industry also opposed the bill at a recent hearing, as did companies running trash incinerators.
The bill is scheduled for its next hearing Thursday afternoon before a House committee. Last year, legislators removed black liquor, a byproduct of the paper-making process that can be burned to generate power, from the renewable energy list.
Offshore wind energy (HB793/ SB781)
This bill would set a goal for Maryland to generate 8.5 gigawatts of offshore wind capacity by 2031, an increase from the state’s current goal of 1.2 gigawatts. Already, projects that would yield 2 gigawatts are pending final approval off the Ocean City coast.
President Joe Biden has set a goal for the United States to deploy 30 gigawatts of offshore wind by 2030.
The bill also would require the Maryland Public Service Commission to study expanding the transmission system in Maryland to accommodate the offshore wind energy. Then, by Dec. 1, the PSC would have to solicit proposals from companies for the transmission expansion.
At a hearing this week, a representative of Ocean City, which has opposed the wind projects, spoke against the legislation, calling it a “boondoggle.” This bill remains in committee.
Environmental permitting (HB840/SB743)
This bill would require the Maryland Department of the Environment, which issues permits for industrial activity and construction, to consider environmental justice concerns during that process. It also would allow the department to alter permit conditions or deny a permit based on its analysis.
Under the bill, if an area meets screening criteria to be considered overburdened by existing industrial activity, or particularly vulnerable to the impacts of climate change, that would trigger a full environmental equity evaluation of the permit application, which could change the outcome.
In a recent interview with The Baltimore Sun, Environment Secretary Serena McIlwain said she is already hoping to increase considerations for the cumulative impacts of multiple industrial facilities during the permitting process, even without support in state law.
“What I’m doing is challenging us — the department — to make those hard decisions. Make them anyway. Maybe we don’t have the backing sometimes, but we can lean on Title VI,” she said. She did not specifically reference the bill.
In a statement, MDE spokesman Jay Apperson deferred further comment to the bill’s sponsors.
This bill is scheduled for its next hearing Wednesday afternoon before a House committee.
This bill would make permanent a pilot program for community solar in Maryland that would otherwise expire in 2024. Under a community solar system, customers can lease or buy part of an array of solar panels and receive a credit on their energy bills. It allows those who cannot install rooftop solar panels on their home to access solar energy.
The bill also requires that 40% of the power produced by community solar projects go toward credits for low-to-moderate income customers. The legislation also would require electricity companies to add community solar items directly to a customers’ bill upon request.
During a recent hearing on the bill, that provision drew concern from utility companies and their regulator — the Maryland Public Service Commission — who said it could be expensive to implement, and the cost could be passed on to ratepayers in the state.
Hearings have been held for the bill in House and Senate committees, where the bill remains.
Adjusting the EmPOWER program (HB904/SB689)
This bill would re-tool the EmPOWER Maryland program — which provides supplementary funds for Marylanders to improve energy efficiency in their homes ― to subsidize exclusively electric appliances.
Subsidies for high-efficiency gas, propane, oil and other fossil fuel appliances would end in 2024. The bill also would require gas and electric companies in Maryland to reduce their greenhouse gas emissions 1.8% each year, based on 2016 levels, to help the state meet its climate goals. It has the support of several environmental groups.
There is also a bill backed by local energy companies and the Maryland Public Service Commission that does not specifically end subsidies for fossil fuel appliances, and calls on the commission to set unspecified greenhouse gas reduction requirements for utilities.
The commission, which is made up entirely of Hogan appointees at this time, has attracted criticism, including from the office that advocates for state ratepayers, which argued it should act to slow the expansion of gas infrastructure amid increasing electrification in Maryland.
Hearings have been held for the bill in House and Senate committees, where the bill remains.