5^th Annual Summit for Climate and Environment – �Day 1

Sponsored by:

Sierra Club, Lower Eastern Shore Group

Maryland Legislative Coalition

ShoreRivers

Agenda

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Opening Remarks – Susan Olsen, Sierra Club, Maryland Chapter

Moderator Welcome – Matt Pluta, Shore Rivers

EmPOWER Background – Emily Scarr – Maryland PIRG

Reclaim Renewable Energy Background – Jennifer Kunze – Clean Water Action

Legislator Overview of 2024 Environmental Legislation –

Delegate Vaughn Stewart

Senator Ben Brooks

Delegate Diana Fennell

Delegate Linda Foley

Delegate Marc Korman

Delegate Mark Edelson

Delegate David Fraser-Hidalgo

Delegate Regina T. Boyce

Senator Karen Lewis- Young

Delegate Michele Guyton

Question and Answer

Wrap Up and Closing Remarks – Susan Olsen

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EMPOWER REFORM - BACKGROUND

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Emily Scarr

Maryland PIRG

emily@marylandpirg.org

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EMPOWER REFORM

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EmPOWER Maryland Energy Efficiency Act

Sponsored by Chair Brian Feldman and Vice Chair Brian Crosby

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EMPOWER REFORM

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EmPOWER Maryland: a History of Success

• Reducing energy use.

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• Saving Marylanders $4 billion on energy bills and lifetime energy savings worth $12.7 billion.

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• Reduceding Maryland’s greenhouse gas emissions by the equivalent of 9.6 million metric tons of carbon dioxide cumulatively as of 2020, equal to taking 2 million cars off the road for a year.

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EMPOWER REFORM

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• Keep what works by continuing incentives and rebates for audits, weatherization, and efficient appliances.
• Add new incentives for switching to efficient, electric appliances and heating.
• Set a goal to cut pollution that harms our health and planet.
• Stop spending ratepayer dollars on subsidies for polluting gas appliances and home heating.
• Help low-income households take advantage of state and federal funds for energy efficiency and whole-home retrofits.
• Reduce cost to ratepayers by rightsizing utility profits.

Our Priorities

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EMPOWER REFORM

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Take Action

Emily Scarr, Maryland PIRG Director, emily@marylandpirg.org

EmPOWER Virtual Campaign Kick-Off

Wednesday, January 17th

6:00pm-7:00pm

RSVP:

Send a message to your legislators:

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RECLAIM RENEWABLE ENERGY ACT -

HB166/SB146

BACKGROUND

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Jennifer Kunze

Maryland Organizing Director

Clean Water Action

jkunze@cleanwater.org

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RECLAIM RENEWABLE ENERGY ACT

HB166/SB146

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“The Maryland RPS has resulted in modest greenhouse gas reductions but may be working at cross-purposes with the state’s efforts to reduce nitrogen oxides (NOx) and sulfur dioxide (SO2) emissions.”

“The SO2 and NOx emissions profiles of Maryland RPS resources, on average, are equal to or slightly higher than net Maryland and net PJM generation since 2010. This is due to the eligibility of black liquor, LFG, and MSW to meet Maryland RPS requirements and the continued declines in Maryland and PJM emissions due to coal plant retirements.”

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“This study finds that incinerators emit more greenhouse gas emissions per unit of electricity produced (1707 g CO2e/kWh) than any other power source (range: 2.4 to 991.1 g CO2e/kWh).

They also emit more criteria air pollutants than replacement sources of energy.

Incineration’s inclusion in “renewable” or “clean” energy standards is thus counterproductive, as they also divert more than $40 million in subsidies annually from cleaner energy sources.

As the electric grid decarbonizes, these disparities will only grow.”

RPS Subsidies Wasted on Incineration, 2020-2022

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Local Governments Support the Reclaim Renewable Energy Act

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State Government Supports the Reclaim Renewable Energy Act

Maryland Commission on Climate Change

2023 Annual Report

Mitigation Working Group Recommendation #18

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Due to the energy source’s contributions to the state’s GHG emissions, the General Assembly should adopt legislation to remove municipal solid waste incineration as an eligible generating source from the RPS.

Maryland’s Climate Pollution Reduction Plan

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This plan calls for the definitions of qualifying resources in the RPS program to align with definitions of clean power resources under the forthcoming Clean Power Standard, including the elimination of eligibility for municipal solid waste incineration. Legislation will be needed to change the RPS definitions, which are set in the state’s statute. (page 21)

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Legislative Action #2: Modify the Renewable Portfolio Standard - In consultation with MDE and MEA, pass legislation to modify the definitions of qualifying resources in the RPS to align with definitions of clean power resources under the forthcoming Clean Power Standard. (page 90)

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RECLAIM RENEWABLE ENERGY ACT of 2024

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Delegate Vaughn Stewart – District 19

Environment and Transportation Committee

vaughn.stewart@house.state.md.us

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Jennifer Kunze

Clean Water Action

jkunze@cleanwater.org

Reclaim Renewable Energy Act of 2024

• This year's bill targets trash incineration, removing it from the RPS.
• In 2022, Maryland taxpayers spend $30 million to buy renewable energy credits from three trash incinerators: in Baltimore City, Montgomery County, and Lorton, VA.
• The incinerator in Lorton VA receives more funding from Maryland's RPS than either of the incinerators located in Maryland, and is one of the biggest polluters in the DC area.
• In 2022, these three incinerators took up 6.9% of Maryland's RPS, displacing real renewable energy like wind and solar power from being supported through the program.
• A new study in 2023 found that incinerators emit more greenhouse gas emissions per unit of electricity produced than any other power source.
• Trash incineration can cause an increased risk of preterm births and certain types of cancer.

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BETTER BUILDINGS ACT OF 2024

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Senator Benjamin Brooks, District 10

Education, Energy, and the Environment Committee

benjamin.brooks@senate.state.md.us

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Doug Siglin

Building a Better Maryland Coalition

doug@bettermaryland.org

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BETTER BUILDINGS ACT OF 2024

• Maryland must reduce its carbon emissions by 60% (of 2006 levels), by 2031 and become carbon neutral by 2045. The Better Buildings Act would position Maryland as a global leader in healthy, climate-friendly buildings throughout the state.
• I. The Better Buildings Act would help Maryland achieve its climate goals by requiring:

(a) all new buildings, additions that increase heat loads by 30% or more, and

significant improvements to use only electric energy, beginning October 1, 2026;

(b) new buildings with provided parking to meet electric vehicle charging

requirements that vary depending on the type of building; and

(c) commercial construction with greater than a 20,000 square foot roof to be

constructed solar ready.

·II.Jurisdictions could grant limited waivers (for cooking appliances). However, any new buildings granted waivers would have to be constructed electric-ready and must include adequate automatic ventilation to maintain a healthier indoor air quality.

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BEVERAGE CONTAINER RECYCLING REFUND AND LITTER REDUCTION PROGRAM

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Senator Benjamin Brooks - District 10

Education, Energy, and the Environment Committee

benjamin.brooks@senate.state.md.us

Martha Ainsworth

Sierra Club

martha.ainsworth@mdsierra.org

The Problem:

• 5.2 billion beverage containers sold in Maryland in 2019
• Only 1.2 billion were recycled (23%)
• 4 billion containers left in the environment as litter, in landfills, or incinerated

BEVERAGE CONTAINER RECYCLING REFUND & LITTER REDUCTION PROGRAM

What the bill will do

• A small deposit is added to the price of glass, plastic, and metal beverage containers (10¢-15¢)
• The deposit is refunded when the containers are returned to a convenient retailer or redemption facility for recycling
• The program is implemented and financed by beverage producers, w/enforceable targets and strong oversight from MDE
• Similar programs have been operating in 10 US states for decades

The Impact

• Recovery of ≥ 90% of beverage containers, 3.5 billion fewer wasted containers/year
• Reduction in litter & improved water quality
• Reduced costs to local governments
• Increased availability of high-quality, food-grade materials
• Increased investment in refillable beverage containers
• Reduction in GHG emissions & energy use

Program launch - January 1, 2027.

CLIMATE CRISIS

and

ENVIRONMENTAL JUSTICE ACT OF 2024

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Delegate Diana Fennell - District 47A

Economic Matters Committee

diana.fennell@house.state.md.us

Wandra Ashley-Williams

Rebuild Maryland Coalition

wandra@climate-xchange.org

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CLIMATE CRISIS AND ENVIRONMENTAL JUSTICE ACT OF 2024

• The Climate Crisis and Environmental Justice Act of 2024 (CCEJ) incentivizes the reduction of Fuel emissions.
• The CCEJ will generate billions of dollars for investment in clean energy infrastructure, while providing protective benefits to Maryland’s most vulnerable populations.
• The CCEJ establishes two types of fossil fuel fees – non-transportation fuel fee (building heat) and transportation fuel fee (gas at the pump).
• The fossil fuel companies pay the fee, not Maryland citizens.

CLIMATE CRISIS AND ENVIRONMENTAL JUSTICE ACT OF 2024

• Revenue from the fossil fuel fee establishes two separate funds – Benefits Fund and Infrastructure Fund.
• 50% of the total revenue will go to the Climate Crisis Benefits Fund to be directed to low -and moderate-income households and energy-intensive trade-exposed businesses to protect them from financial harm.
• 50% of the total revenue will go to the Climate Crisis Infrastructure Fund to invest in projects directly located in disproportionate affected communities; to county and municipal governments to develop climate action plans; and to county and municipal governments for projects to mitigate GHG emissions and build resilience.

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GASOLINE POWERED LAWN EQUIPMENT STATE AGENCY PHASE OUT

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Delegate Linda Foley - District 15

Environment and Transportation Committee

linda.foley@house.state.md.us

• This bill is in line with the Climate Pathways Report.

GASOLINE POWERED LAWN EQUIPMENT STATE AGENCY PHASE OUT

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TRANSPORTATION OVERVIEW

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Delegate Marc Korman - District 16

Chair, Environment and Transportation Committee

marc.korman@house.state.md.us

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TRANSPORTATION AND CLIMATE ALIGNMENT (TCA)ACT

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Delegate Mark Edelson - District 46

Appropriations Committee

mark.edelson@house.state.md.us

Lindsey Mendelson

Sierra Club

lindsey.mendelson@mdsierra.org

TRANSPORTATION AND CLIMATE ALIGNMENT (TCA) ACT

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• The bill would require the Maryland Department of Transportation (MDOT) and regional transportation planning agencies to measure and mitigate any increases in climate pollution and driving (measured as Vehicle Miles Traveled) caused by planned highway expansion projects over $5 million.
• Mitigation actions could include improving and expanding public transit, creating projected bike infrastructure, expanding remote work options, and locating jobs and amenities near where people live.
• Maryland’s new climate plan indicates that reducing Vehicle Miles Traveled is a key strategy needed to meet the state’s climate targets. MDOT has a goal to reduce vehicle miles traveled 10% per capita by 2030 and 20% per capita by 2050.
• The bill would help comply with the Federal Highway Administration’s new greenhouse gas performance standard which require state and regional transportation agencies to set goals to reduce greenhouse gas emissions from the transportation sector.

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THE DISTRIBUTED RENEWABLE INTEGRATION AND VEHICLE ELECTRIFICATION (DRIVE) ACT

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Delegate David Fraser-Hidalgo - District 15

Environment and Transportation Committee

david.fraser.hidalgo@house.state.md.us

Thad Cully

Sunrun

thad.culley@sunrun.com

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• Directs the PSC to transition customers of electric utilities to time-based rates to provide a discount for shifting electricity usage to off-peak periods
• Removes barriers to customers utilizing EVs capable of providing home back-up power and vehicle-to-grid services
• Establishes a new program to allow consumer with battery storage and other programmable/controllable appliances to be compensated for supporting the efficiency of the electric grid (e.g., virtual power plant)
• Directionally, asks the PSC to lean in on customer-driven solutions to the expected impacts of electrification on the electric grid

THE DRIVE ACT

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THE RENEW ACT

(Responding to Emergency Needs from Extreme Weather)

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Delegate David Fraser-Hidalgo

Environment and Transportation Committee

david.fraser.hidalgo@house.state.md.us

Jamie DeMarco

Chesapeake Climate Action Network

 jamie@chesapeakeclimate.org

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THE RENEW ACT

• Invests $900 million a year for 10 years into climate solutions and resilience in Maryland

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• Funds grid scale batteries, getting gas out of homes, low income energy efficiency, flood mitigation, minority health disparities fund, and more

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• The revenue comes from the largest international fossil fuel companies, none of whom are based in Maryland, and none of whom will be able to pass the costs on to Marylanders

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ENVIRONMENTAL PERMITS AND STATE AGENCY ACTIONS

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Delegate Regina T. Boyce - District 43A

Vice Chair, Environment and Transportation Committee

regina.boyce@house.state.md.us

Rebecca Rehr

Maryland League of Conservation Voters

rrehr@mdlcv.org

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ENVIRONMENTAL PERMITS AND STATE AGENCY ACTIONS

• Advances environmental equity, improves health and health outcomes, and reduces and removes environmental injustices caused by past and current permitting decisions to underserved and overburdened communities.

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• Requires the Maryland Department of Environment (MDE) to closely review its process and approval of 1-601 permits by using the required Environmental Justice Screening Tool Score (EJ Score) to determine the potential environmental impacts of a permit and conducting a climate environmental equity evaluation report if the score determines that the permit may impact overburdened and underserved communities.

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STUDY ON DEATHCARE AND FUNERAL PRACTICE

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Delegate Regina T. Boyce - District 43A

Vice Chair, Environment and Transportation Committee

regina.boyce@house.state.md.us

• The study will review the health impact of deathcare and funeral practices on air, land, water, and the environmental impact of carrying out these practices such as energy used, chemicals used, and materials used in these practices.

STUDY ON DEATHCARE AND FUNERAL PRACTICE

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MARYLAND PAINT STEWARDSHIP PROGRAM

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Delegate Regina T. Boyce - District 43A

Vice Chair, Environment and Transportation Committee

regina.boyce@house.state.md.us

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MARYLAND PAINT STEWARDSHIP PROGRAM

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• Ten percent of all paint purchased in the U.S. – about $78 million gallons per year – goes unused

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• Establishes the “PaintCare” Program in Maryland

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• PaintCare’s nationwide goal is to decrease paint waste and recycle more postconsumer paint by setting up drop-off locations in each state

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• The program is funded by a fee placed on each container of paint sold in the state that is between a pint and five gallons

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HIGH ENERGY USE FACILITIES - GREENHOUSE GAS EMISSIONS REDUCTIONS

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Senator Karen Lewis-Young - District 3

Education, Energy, and the Environment Committee

karen.young@senate.state.md.us

• High energy use facilities require a lot of electricity and water (for cooling) and present challenges for surrounding infrastructure.
• The average High Energy Use Facility uses 1mil to 5mil gallons of water p/d, equivalent to the daily water use of a town with a population of 10,000 to 50,000 residents. The challenge here is clear, especially during a drought.
• High Energy Use Facilities typically require large parcels of land of up to 20 acres. This has the potential to put High Energy Use Facility development at odds with the protection and conservation of farmland and open spaces.
• These facilities often use diesel generators as power backups. While each diesel generator is tested once a month, there are dozens of diesel generators per data center — resulting in daily pollutant release.
• As a case study of why High Energy Use Facilities need this oversight, look at Aligned Data Centers (ADC) and Frederick County. ADC signed an agreement to purchase land and develop it into a High Energy Use Facility. ADC proposed installing 168 diesel generators as their backup power source.
• ADC sought an exemption from the PSC to be able to register these generators as standalone sources of backup power. PSC denied the exemption, because it would prevent the oversight of the generators’ collective impact. PSC elaborated that this could permit ADC to use all 168 diesel generators at once in support of the facility, the equivalent of a 504 megawatt diesel power plant. After being denied the exemption, ADC announced they would not continue the project.

HIGH ENERGY USE FACILITIES BACKGROUND

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HIGH ENERGY USE FACILITIES LEGISLATION

• Our proposed High Energy Use Facilities Bill is designed to ensure that their operation does not undermine Maryland’s Climate Solutions Now Act.
• This bill requires only that these facilities mitigate their environmental impact by limiting the amount of greenhouse gas emissions released by the facility to a Baseline Emissions Level (0.428 metric tons of carbon dioxide equivalent per MWH)
• To give facilities time to transition, the bill contains the following timeline:
• ○ By 2027, 60% below Baseline Emissions Level.
• ○ By 2030, 80%
• ○ By 2035, 90%
• ○ By 2040, 100%
• ● The bill empowers the P.S.C. with oversight authority.

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REMOVAL OF TREES AND SHRUBS – NOTICE AND OBJECTION

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Delegate Michele Guyton - District 42B

Environment and Transportation Committee

michele.guyton@house.state.md.us

• Establishes a process for a private property owner to object and appeal the removal of a tree or shrub on their property by a utility company or local government if it is proven to be of ecological, historical or cultural significance and there is a reasonable alternative to the removal.

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• Requires notice of the removal by the utility or local government that the tree or shrub may be removed (except in incidents involving a clear and imminent danger)

REMOVAL OF TREES AND SHRUBS – NOTICE AND OBJECTION

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ENVIRONMENT - PLAYGROUND SURFACING MATERIALS - PROHIBITION

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Delegate Michele Guyton - District 42B

Environment and Transportation Committee

michele.guyton@house.state.md.us

Laura Stewart

Free State PTA

Info@fspta.org

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ENVIRONMENT - PLAYGROUND SURFACING MATERIALS - PROHIBITION

• Prohibits PFAS (Per- and polyfluoroalkyl substances), PAHs (Polycyclic Aromatic Hydrocarbons) and lead from products, materials or substances used or installed on the ground surface of a playground, including shredded tire mulch and bonded rubber surface materials.

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• The American Academy of Pediatrics states that no level of lead exposure is safe for children because lead can cause cognitive damage even at low levels.

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• PFAS, aka the Forever Chemical, can cause damage to the liver and immune system and re linked to cancer.

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• PAHs are also linked to cancer and affect the eyes, kidneys, and liver.

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• Chemicals and microplastics are known to wash off these surfaces and into the oceans, food chain, and drinking water.

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COMMISSION ON CLIMATE CHANGE MEMBERSHIP - ADDITION

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Delegate Michele Guyton - District 42B

Environment and Transportation Committee

michele.guyton@house.state.md.us

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• Adds the Chair of the Public Service Commission (or chair's designee) as a member of the Commission on Climate Change.
• This bill was requested by the Public Service Commission
• The Commission on Climate Change was established by legislation passed in 2022.
• The Commission advises the Governor and General Assembly on ways to mitigate the causes of, prepare for, and adapt to the consequences of climate change.
• The Public Service Commission promulgates and enforced rules and regulations to ensure safe, reliable, and economic public utility and transportation service in Maryland.

COMMISSION ON CLIMATE CHANGE MEMBERSHIP - ADDITION

THANK YOU!

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To join us in advocating for this legislation, go to mdlegislative.com; sierraclub.org/Maryland; shorerivers.org

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