Md. Code, Transportation § 2-101
There is a Department of Transportation, established as a principal department of the State government.
Md. Code, Transportation, Title 2
Md. Code, Transportation, Title 2
in effectMd. Code, Transportation § 2-102
(a) The head of the Department is the Secretary of Transportation, who shall be appointed by the Governor with the advice and consent of the Senate.
(b) (1) The Secretary serves at the pleasure of the Governor and is responsible directly to the Governor. The Secretary shall counsel and advise the Governor on all matters assigned to the Department and is responsible for carrying out the Governor’s policies on these matters.
(2) (i) The Secretary is responsible for the operation of the Department and shall establish guidelines and procedures to promote the orderly and efficient administration of the Department. He may establish, reorganize, or abolish areas of responsibility in the Department as necessary to fulfill effectively the duties assigned to him. He may designate staff assistants to be in charge of the areas of responsibility he establishes.
(ii) The Secretary may establish for employees of the Department a human resources management system under § 2-103.4 of this subtitle that is not subject to or controlled by the provisions of State law relating to other State employees.
(3) The Secretary is entitled to the salary provided in the State budget.
(c) (1) With the approval of the Governor, the Secretary shall appoint a deputy secretary who has the duties provided by law or delegated by the Secretary.
(2) The deputy secretary is the acting secretary during periods when the Secretary is absent or disabled.
(3) The deputy secretary serves at the pleasure of the Secretary and is entitled to the salary provided in the State budget.
(4) The deputy secretary shall serve as acting chairman of the Maryland Transportation Authority, acting chairman of the Maryland Aviation Commission, and acting chairman of the Maryland Port Commission during periods when the Secretary is absent or disabled.
(5) In accordance with 49 U.S.C. 5329, the deputy secretary or the deputy secretary’s designee shall have safety, regulatory, and enforcement authority over the Maryland Transit Administration’s light rail transit system and Metro subway.
(d) (1) The Secretary may have in the Department the staff assistants, professional consultants, and employees provided in the State budget.
(2) Each staff assistant in charge of an area of responsibility and each professional consultant shall be appointed by and serves at the pleasure of the Secretary.
(3) Except as otherwise provided by law, the Secretary shall appoint and remove all other personnel in accordance with:
(i) The provisions of the State Personnel and Pensions Article; or
(ii) A human resources management system established by the Secretary under § 2-103.4 of this subtitle.
(4) The Secretary may delegate the authority to appoint and remove personnel of any unit to the head of that unit.
(e) Wherever the Secretary is authorized by law to make an appointment to a particular position in the Department with the approval of the Governor, the Secretary may not remove the appointee without first obtaining the Governor’s approval.
Md. Code, Transportation § 2-103
(a) (1) The Secretary is responsible for the budget of the Office of the Secretary and for the budget of each unit in the Department.
(2) The budget request that the Secretary submits for the Department shall contain, for each modal administration, separate items for:
(i) Capital expenditures; and
(ii) Operating expenditures.
(3) Whenever the proposed budget of the Governor includes for the Department total capital and operating expenditures that exceed the expenditures proposed in the Consolidated Transportation Program, the Department shall submit to the General Assembly, subject to § 2–1257 of the State Government Article, a reconciliation report that specifically sets forth the proposed projects for which the additional expenditures are requested.
(b) Except with respect to the Maryland Transportation Authority, the Maryland Port Commission and the Maryland Port Administration, the Secretary:
(1) May adopt rules and regulations for the Department and any of its units to carry out those provisions of this article that are subject to the jurisdiction of the Department; and
(2) Shall review and may approve, disapprove, or revise the rules and regulations of each unit in the Department.
(c) The Secretary may create and determine the size of any advisory unit for the Department as he considers appropriate.
(d) The Office of the Secretary shall have a seal to authenticate copies of records or papers of the Department.
(e) (1) The Secretary is responsible for all planning activities of the Department and for the development and maintenance of a continuing, comprehensive, and integrated transportation planning process.
(2) In accordance with § 2–103.1 of this subtitle, the Secretary shall develop and, with the approval of the Governor, shall adopt a State Report on Transportation to guide program development and to foster efficient and economical transportation services throughout the State.
(3) On or before the 3rd Wednesday of January of each year, the Secretary shall submit the State Report on Transportation to the General Assembly, subject to § 2–1257 of the State Government Article.
(e–1) (1) Before the Department begins the process of establishing, altering, or eliminating a Metropolitan Planning Organization for transportation planning purposes for an area in the State designated under federal law as an urbanized area, the Department shall give notice of the pending process by certified mail, return receipt requested, to each member of the General Assembly representing:
(i) A State legislative district, any portion of which is located in the urbanized area; and
(ii) A State legislative district that is located within 1 mile of the border of the urbanized area.
(2) The Department shall hold a public hearing in the designated urbanized area to address issues related to the establishment, alteration, or elimination of a Metropolitan Planning Organization if a member of the General Assembly who is provided notice under paragraph (1) of this subsection requests the public hearing within 45 days of receipt of the notice.
(f) (1) Except as provided in paragraph (2) of this subsection, the Secretary may transfer, assign, and reassign any staff, power, or duty from any unit in the Department to his office or to another unit in the Department. If a transfer, assignment, or reassignment occurs, the appropriation for the respective staff, power, or duty also shall be transferred.
(2) This subsection does not apply to:
(i) The powers or duties of the State Roads Commission that are set forth in Article III, § 40B of the Maryland Constitution; or
(ii) The powers or duties that are vested by law in:
1. The Board of Airport Zoning Appeals;
2. The Transportation Professional Services Selection Board;
3. The Maryland Transportation Authority; or
4. The Maryland Port Commission and Maryland Port Administration.
(g) (1) Except as provided in paragraph (2) of this subsection, the Secretary may exercise or perform any power or duty that any unit in the Department may exercise or perform.
(2) This subsection does not apply to:
(i) The powers or duties that are set forth in Article III, § 40B of the Maryland Constitution; or
(ii) The powers or duties that do not require by law the approval or action of the Secretary and are vested by law in:
1. The Board of Airport Zoning Appeals;
2. The Transportation Professional Services Selection Board;
3. The Maryland Transportation Authority; or
4. The Maryland Port Commission and Maryland Port Administration.
(h) Consistent with the State budget, Division II of the State Finance and Procurement Article, and other applicable provisions of law, the Secretary may contract with any person to provide services, supplies, construction, and maintenance for the Department or for any transportation related purposes.
(i) (1) The Secretary may apply for and receive from the federal government or any person any grants–in–aid or gifts for any transportation related purpose.
(2) To the extent permitted by the State budget, the Secretary may make grants–in–aid to:
(i) Any governmental transportation agency in this State, including any county agency, bicounty agency, multijurisdiction agency, or municipal agency; or
(ii) Any other person for any transportation related purpose.
Md. Code, Transportation § 2-103.1
§2–103.1.
(a) (1) In this section the following words have the meanings indicated.
(2) “Capital project” means:
(i) Any project for which funds are expended for construction, reconstruction, or rehabilitation of a transportation facility by the Department or of a transportation facilities project by the Maryland Transportation Authority; or
(ii) Capital equipment, as defined by the Secretary.
(3) “Construction phase” means the phase of a capital project in which the project is committed and advanced from the project development phase to completion.
(4) “Major capital project” means any new, expanded, or significantly improved facility or service that involves planning, environmental studies, design, right–of–way, construction, or purchase of essential equipment related to the facility or service.
(5) “Major transportation project” has the meaning stated in § 2–103.7 of this subtitle.
(6) “Minor capital project” means any project for the preservation or rehabilitation of an existing facility or service, including the planning, design, right–of–way, construction, or purchase of equipment essential to the facility or service, and generally not requiring the preparation of an environmental impact assessment.
(7) “Project development phase” means the phase of a capital project in which planning, engineering, and environmental studies and analyses are conducted with full participation by the public, prior to commitment to construction.
(8) (i) “Proposing entity” means a government agency or political subdivision that requests that a transportation project be included in the Consolidated Transportation Program.
(ii) “Proposing entity” includes a county, a municipality, a metropolitan planning organization, and a modal administration or any other agency of the Department.
(9) “Purpose and need summary statement” means a brief statement that specifies the underlying purpose and need for a project.
(10) “Significant change” means any change that affects the size or character of a project to the extent that the change:
(i) Substantially modifies the capacity, level of service, or cost of the project;
(ii) Alters the function or purpose of the project; or
(iii) Impacts the ability of a modal administration to accomplish the program priorities established by the Secretary in the State Report on Transportation.
(11) “State transportation goals” means the goals described in § 2–103.7 of this subtitle.
(12) “Transportation facilities project” has the meaning stated in § 4–101(i) of this article.
(13) “Transportation facility” has the meaning stated in § 3–101(l) of this article.
(b) The State Report on Transportation consists of the Consolidated Transportation Program and the Maryland Transportation Plan.
(c) (1) The Consolidated Transportation Program shall:
(i) Be revised annually; and
(ii) Include:
1. A list of:
A. The State transportation goals;
B. Program priorities;
C. For projects in the construction phase, the criteria used to select major capital projects for inclusion in the capital program; and
D. The manner in which each major transportation project was evaluated and ranked under § 2–103.7 of this subtitle;
2. A statement of the Department’s projected annual operating costs, set forth separately for the Office of the Secretary and for each modal administration;
3. Expanded descriptions of major capital projects;
4. A list of major capital projects for the current year, the budget request year, and the 4 successive planning years;
5. A list of anticipated minor capital projects, including a specific list of anticipated special projects for the current year and the budget request year and an estimate of the Program level for each of the 4 successive planning years;
6. A list of major bridge work projects;
7. A summary of the capital and operating programs, as defined by the Secretary, for the Maryland Transportation Authority;
8. For each listed major capital project, an indication whether the revenue source anticipated to support that project consists of federal, special, general, or other funds;
9. The Department’s estimates of the levels and sources of revenues to be used to fund the projects in the Program;
10. A glossary of terms; and
11. A cross–reference table for the information contained in the various parts of the State Report on Transportation.
(2) In addition to the items listed in paragraph (1) of this subsection, the Consolidated Transportation Program shall include:
(i) A summary of current efforts and future plans, prepared after consultation with the Director of Bicycle and Pedestrian Access and the Bicycle and Pedestrian Advisory Committee established under § 2–606 of this title:
1. To develop and promote bicycle and pedestrian transportation; and
2. Working together with local jurisdictions, to accommodate in a safe and effective manner pedestrians and bicycles within a reasonable distance for walking and bicycling to rail stops, light rail stops, and subway stations;
(ii) A listing of all bicycle and pedestrian transportation projects expected to use State or federal highway funds; and
(iii) Reflected under the Office of the Secretary, any technology–related project to be funded from the account established under § 2–111 of this subtitle, along with a description and projected cost of each.
(3) In addition to the items listed in paragraph (1) of this subsection, the Consolidated Transportation Program shall include a summary of current efforts and future plans to increase commuter access between the campuses of the University of Maryland, including:
(i) Easing traffic congestion; and
(ii) Use of mass transit.
(4) Annually, the Consolidated Transportation Program shall include a report that:
(i) Identifies each major capital project for which the budget bill or a supplemental budget amendment first requests funds for the project development phase or for the construction phase;
(ii) With respect to each major capital project for which funds are requested in the budget request year, states:
1. The amount of the funds requested; and
2. The total estimated cost of the project;
(iii) Identifies significant changes in the cost, scope, design, or scheduling of major capital projects for each completed fiscal year;
(iv) When there is a significant change in cost, states the amount by which the expenditures that have been authorized exceed the original project estimate;
(v) When there is a significant change, states:
1. The amount by which costs exceed projected costs during each completed fiscal year; and
2. The total amount that has been expended for a major capital project;
(vi) Provides a purpose and need summary statement that includes:
1. A general description and summary that describes why the project is necessary and satisfies State transportation goals, including Climate Action Plan goals required by the Greenhouse Gas Emissions Reduction Act of 2009 under § 2–1205(b) of the Environment Article;
2. The location of the project, including a map of the project limits, project area, or transportation corridor; and
3. A summary of how the project meets the selection criteria for inclusion in the capital program;
(vii) Provides the Maryland Transit Administration state of good repair budget for the current fiscal year and projections for the subsequent fiscal year; and
(viii) Includes any other information that the Secretary believes would be useful to the members of the General Assembly, the general public, or other recipients of the Consolidated Transportation Program.
(5) The total operating and capital expenditures for the Department or for the Office of the Secretary or any modal administration projected in the Consolidated Transportation Program for the budget request year may not exceed the budget request for the Department, Office, or modal administration for that year.
(6) For a major capital project to be considered for inclusion in the construction program of the Consolidated Transportation Program, a request must be submitted to the Secretary by the proposing entity along with a purpose and need summary statement justifying the project that includes:
(i) The location of the project, including a map of the project limits, project area, or transportation corridor;
(ii) The need for the project;
(iii) A discussion of how the project:
1. Addresses State transportation goals; and
2. Supports local government land use plans and goals; and
(iv) A certification that all members of the legislative delegation of the county in which the project is located have been notified.
(7) (i) The Department shall evaluate requests for major capital projects based on the State’s transportation goals and, if applicable, using the measures established under § 2–103.7 of this subtitle, and, as appropriate, criteria as determined by the information submitted by the proposing entity and the availability of funding.
(ii) As part of the evaluation under this paragraph, the Department shall acknowledge the difference between urban and rural transportation needs.
(8) (i) The Department, in developing a construction or improvement project involving a bridge or other transportation facility that is adjacent to or crosses a waterway for inclusion in the Consolidated Transportation Program, shall consider any reasonable and appropriate measures to provide or improve in the vicinity of the bridge or other transportation facility water access for fishing, canoeing, kayaking, or any other nonmotorized water dependent recreational activity.
(ii) The Department, in consultation with the Department of Natural Resources and interested stakeholders, shall establish:
1. Standards and guidelines for identifying appropriate bridges and other transportation facilities to be considered for the provision or improvement of water access under this paragraph; and
2. Best practices and cost effective strategies for accommodating water access under this paragraph.
(9) Except as authorized by law, the Consolidated Transportation Program may not include capital transportation grants for roads and highways to counties or municipal corporations for any period beyond the budget request year.
(10) (i) In addition to the items listed in paragraph (1) of this subsection, the Consolidated Transportation Program shall include:
1. A table that identifies each project receiving construction funds:
A. For the first time in the budget request year; and
B. For the first time in the current year if the construction funds were not identified in the budget year in the Consolidated Transportation Program released the previous January; and
2. A table that identifies each project receiving planning funds:
A. For the first time in the budget request year; and
B. For the first time in the current year if the planning funds were not shown in the budget request year in the Consolidated Transportation Program released the previous January.
(ii) For each project included in a table required under subparagraph (i) of this paragraph, the table shall identify:
1. Where the project is listed in the Consolidated Transportation Program; and
2. By fund, the amount included in the current year budget and the budget request year budget for the project.
(c–1) If a new approved pedestrian or bicycle safety construction or improvement project is projected to take more than 12 months to complete, the Department shall implement all possible incremental, near–term safety improvements as soon as practicable while maintaining each project’s priority ranking.
(d) (1) The Maryland Transportation Plan shall:
(i) Except as otherwise provided, be revised every 5 years through an inclusive public participation process;
(ii) Include a 20–year forecast of State transportation needs, based on the financial resources anticipated to be available to the Department during that 20–year period;
(iii) Be expressed in terms of the State transportation goals and measures; and
(iv) Include a summary of the types of projects and programs that are proposed to accomplish the State transportation goals and measures, using a multi–modal approach when feasible.
(2) Beginning with the 2045 Maryland Transportation Plan, the Department shall consider ways to achieve equity in the transportation sector when developing the State transportation goals.
(e) On or before November 15 of each year, the Department shall visit each county to give local governments and local legislative delegations information about and an opportunity to comment on the proposed Consolidated Transportation Program and the proposed Maryland Transportation Plan.
(f) At the earliest practical date but no later than November 1 of each year, the Department shall provide the proposed Consolidated Transportation Program and the proposed Maryland Transportation Plan to the Department of Planning for review and comment on planning issues including consistency between transportation investments and the State Economic Growth, Resource Protection, and Planning Policy and State priority funding areas established under Title 5, Subtitle 7B of the State Finance and Procurement Article.
(g) Beginning with the year 2002 State Report on Transportation and continuing thereafter, before the General Assembly considers the proposed Maryland Transportation Plan and the proposed Consolidated Transportation Program, the Department shall submit an annual report on the attainment of State transportation goals and benchmarks for the approved and proposed Maryland Transportation Plan and the approved and proposed Consolidated Transportation Program to the Governor and, subject to § 2–1257 of the State Government Article, to the General Assembly.
(h) (1) The report required under subsection (g) of this section shall include:
(i) The establishment of certain measurable performance indicators or benchmarks, in priority funding areas at a minimum, designed to quantify the State transportation goals and measures specified in the Maryland Transportation Plan and § 2–103.7 of this subtitle; and
(ii) The degree to which the projects and programs contained in the approved Maryland Transportation Plan and Consolidated Transportation Program attain those goals and benchmarks as measured by the performance indicators or benchmarks.
(2) The Department shall include in its report measurable long–term goals, and intermediate benchmarks of progress toward the attainment of the long–term goals, for the following measurable transportation indicators:
(i) An increase in the share of total person trips for each of transit, high occupancy auto, pedestrian, and bicycle modes of travel;
(ii) A decrease in indicators of traffic congestion as determined by the Department; and
(iii) Any other performance goals established by the Department for reducing automobile traffic and increasing the use of nonautomobile traffic.
(3) (i) Beginning with the 2024 attainment report on transportation system performance, the advisory committee advising the Department on State transportation goals, benchmarks, and indicators shall recommend measurable transportation indicators that can be evaluated for racial, disability, ethnic, and low–income disparities based on available sources or information.
(ii) The Department shall evaluate the indicators recommended under subparagraph (i) of this paragraph to identify any racial, disability, ethnic, or low–income disparities.
(4) The performance indicators or benchmarks described in this subsection shall acknowledge the difference between urban and rural transportation needs.
(i) The Sustainable Growth Subcabinet, established under Title 9, Subtitle 14 of the State Government Article, shall conduct an annual review of the State transportation goals, benchmarks, and indicators.
(j) (1) An advisory committee shall be assembled to advise the Department on the State transportation goals, benchmarks, and indicators under subsection (h) of this section.
(2) Membership of the advisory committee shall include but is not limited to the following members appointed by the Governor:
(i) A representative of the Maryland business community;
(ii) A representative of the disabled citizens community;
(iii) A representative of rural interests;
(iv) A representative of an auto users group;
(v) A representative of a transit users group;
(vi) A representative of the goods movement industry;
(vii) A nationally recognized expert on transportation demand management;
(viii) A nationally recognized expert on pedestrian and bicycle transportation;
(ix) A nationally recognized expert on transportation performance measurement;
(x) A representative of an environmental advocacy organization;
(xi) A representative from the Maryland Department of Planning;
(xii) A representative of the Maryland Association of Counties;
(xiii) A representative of the Maryland Municipal League;
(xiv) A representative of the Maryland State Conference of the National Association for the Advancement of Colored People;
(xv) A representative of a transportation labor organization, designated by the Maryland State and District of Columbia AFL–CIO; and
(xvi) A representative of the transportation construction industry.
(3) The Governor shall appoint the chairman of the advisory committee.
(4) The advisory committee shall meet at least four times during the process of developing the Maryland Transportation Plan to provide advice to the Department on meeting the requirements of this subsection.
(5) The Department and the advisory committee shall consider the following:
(i) Transportation and population trends and their impact on the State’s transportation system and priority funding areas;
(ii) Past and present State funding devoted to the various transportation modes and demand management;
(iii) The full range of unmet transportation needs in priority funding areas;
(iv) The full range of transportation measures and facilities available, and their role, effectiveness, and cost effectiveness in providing travel choices and reducing congestion;
(v) A review of transportation performance indicators and their use in other states;
(vi) A review of the coordination of State transportation investments with local growth plans for priority funding areas;
(vii) The types of investments needed and their levels of funding for supporting the State transportation goals and measures established under § 2–103.7 of this subtitle;
(viii) The impact of transportation investment on:
1. The environment;
2. Environmental justice as defined in § 1–701 of the Environment Article;
3. Communities;
4. Economic development;
5. Racial equity; and
6. Persons with disabilities, including service accessibility; and
(ix) The Climate Action Plan goals required by the Greenhouse Gas Emissions Reduction Act of 2009 under § 2–1205(b) of the Environment Article.
(k) The Department may:
(1) Conduct its analysis of planned transportation investments in priority funding areas on a statewide basis or in groupings of priority funding areas centered on regions, metropolitan areas, cities, or other groupings suitable for transportation modeling; and
(2) Choose to exclude from its analysis priority funding areas which have an insignificant role in transportation trends because of small size, population, or physical isolation.
(l) In the report required under subsection (g) of this section, the Department shall:
(1) Use narrative, graphs, charts, tables, and maps as appropriate to make the results easily understood by the public;
(2) Include projected long–term trends for each of the indicators and the effect of planned transportation investments on the trends;
(3) To the extent practicable, account for the effect of planned transportation investments on inducing automobile travel;
(4) To the extent practicable, account for automobile trips not taken due to demand management measures, including teleworking, teleshopping, and land use patterns supporting alternatives to driving; and
(5) Indicate the cost effectiveness of investments for achieving relevant performance goals and benchmarks, including a specific analysis of planned transportation investments detailing:
(i) Any projected decreases or increases in indicators of traffic congestion and accessibility as defined by the Department; and
(ii) The cost per passenger mile and other indicators of cost effectiveness as defined by the Department, including the estimated annual cost of maintenance and operations.
(m) (1) (i) Subject to § 2–1257 of the State Government Article:
1. On or before September 1 of each year, the Department shall submit copies of the proposed Consolidated Transportation Program and the supporting financial forecast to the General Assembly; and
2. On submission of the budget bill to the presiding officers of the General Assembly, the Department shall submit copies of the approved Consolidated Transportation Program, including the manner in which each major transportation project was evaluated and ranked under § 2–103.7 of this subtitle, and the supporting financial forecast to the General Assembly.
(ii) Notwithstanding § 2–1257(b)(2) of the State Government Article, the Department shall provide to each member of the General Assembly a copy of the proposed Consolidated Transportation Program and the approved Consolidated Transportation Program.
(2) (i) The financial forecast supporting the Consolidated Transportation Program to be submitted to the General Assembly under paragraph (1) of this subsection shall include the following components:
1. A schedule of operating expenses for each specific modal administration;
2. A schedule of revenues, including tax and fee revenues, deductions from revenues for other agencies, Department program and fees, Motor Vehicle Administration cost recovery, deductions for highway user revenues, operating revenues by modal administration, and miscellaneous revenues; and
3. A summary schedule for the Transportation Trust Fund that includes the opening and closing Fund balance, revenues, transfers, bond sales, bond premiums, any other revenues, expenditures for debt service, operating expenses, amounts available for capital expenses, bond interest rates, bond coverage ratios, total bonds outstanding, federal capital aid, and the total amount for the Transportation Capital Program.
(ii) The financial forecast shall include, for each of the components specified in subparagraph (i) of this paragraph:
1. Actual information for the last full fiscal year; and
2. Forecasts of the information for each of the six subsequent fiscal years, including the current fiscal year, the fiscal year for the proposed budget, and the next four subsequent fiscal years.
(iii) For the period beyond the budget request year, the financial forecast:
1. Shall maximize the use of funds for the capital program; and
2. Except as authorized by law, may not withhold or reserve funds for capital transportation grants to counties or municipal corporations.
(iv) The Department shall incorporate in the financial forecast the most recent estimates by the Board of Revenue Estimates of the revenues from:
1. The corporate income tax and the sales and use tax for each of the six subsequent years, including the current fiscal year and the fiscal year for the proposed budget; and
2. Motor fuel taxes and motor vehicle titling taxes for the current fiscal year and the fiscal year for the proposed budget.
Md. Code, Transportation § 2-103.2
§2–103.2.
If the Treasurer invests money of the Department, the Treasurer shall credit the interest or other income from the investment to the appropriate account of the Department.
Md. Code, Transportation § 2-103.3
§2–103.3.
(a) (1) In this section the following words have the meanings indicated.
(2) “County” includes Baltimore City.
(3) “Elderly and handicapped person” means any person who, by reason of illness, injury, age, congenital malfunction, or other permanent or temporary incapacity or disability, is unable to use mass transit facilities and services as effectively as a person who is not so affected.
(4) “Transportation service” means any transportation option or mix of options that may include paratransit or fixed route service, established or employed by a county to accommodate the transportation needs of its elderly and handicapped residents.
(b) (1) (i) Subject to subparagraphs (ii) through (iv) of this paragraph, the Secretary shall identify separately within the Department’s annual budget an amount to be used for elderly and handicapped transportation service in each county.
(ii) For fiscal year 2024, the Secretary shall identify separately within the Department’s annual budget at least $4,305,908 to be used for elderly and handicapped transportation service.
(iii) For fiscal year 2025 and each fiscal year thereafter, the Secretary shall identify separately within the Department’s annual budget an amount for elderly and handicapped transportation service that is equal to at least the amount in the immediately preceding fiscal year adjusted for inflation in accordance with subparagraph (iv) of this paragraph.
(iv) 1. The inflation adjustment shall equal the product of multiplying the amount of funding in the immediately preceding fiscal year by the percentage increase in the Consumer Price Index for All Urban Consumers.
2. The percentage increase in the Consumer Price Index for All Urban Consumers shall be determined by comparing the average of the index for the 12 months ending on the November 30 immediately preceding the fiscal year for which the funding amount is being calculated to the average of the index for the prior 12 months.
3. If there is a decline or no growth in the Consumer Price Index for All Urban Consumers, the amount of funding under this paragraph shall remain unchanged.
(2) The amount the Secretary identifies, or such other amount as may be appropriated by the General Assembly for the provision of elderly and handicapped transportation service in each county, shall be distributed as provided in subsections (c), (d), and (e) of this section.
(c) (1) Of the amount separately identified or otherwise appropriated under subsection (b) of this section, the Secretary shall:
(i) Allocate 60 percent equally among the counties; and
(ii) Allocate the remaining amount among the counties in proportion to their respective percentages of the State’s combined elderly and handicapped population.
(2) Subject to the limitations provided in subsection (f) of this section, the Secretary shall distribute all such allocated amounts to those counties which file a written application with the Department in such form and detail as the Secretary requires.
(3) A written application submitted by a county under this subsection may not be accepted or considered by the Secretary unless the local area agency on aging certifies its approval of the project for the funding for which the application is made.
(4) The Secretary shall consult with the Department of Aging and the Department of Disabilities in distributing the funds available under this section.
(d) (1) In determining local transportation needs, the counties shall take into account the elderly and handicapped transportation needs of the municipalities within their jurisdictions. Nothing in this section shall preclude a municipality from requesting the county to apply for part or all of the county’s allocation of funds available under this section on behalf of the municipality.
(2) In the event a municipality believes it is not afforded a reasonable share of the funds available to the county under this section, the municipality may appeal the county’s allocation decision directly to the Secretary.
(e) (1) If any of the allocated funds described in subsection (c) of this section are not applied for by the counties within 6 months after the beginning of the fiscal year, the Secretary shall make those funds available to counties pursuant to application procedures and criteria developed by the Secretary, in consultation with the Department of Aging and the Department of Disabilities. The criteria shall provide that:
(i) Such funds may be made available to counties in which the Secretary determines that additional funds for transportation service to the elderly and handicapped are most needed; and
(ii) Local match requirements described in subsection (f) of this section shall apply to all disbursements.
(2) A written application submitted by a county under this subsection may not be accepted or considered by the Secretary unless the local area agency on aging certifies its approval of the project for the funding for which the application is made.
(f) (1) The Department shall provide capital assistance with funds described in this section only on the basis of a 95 percent State, 5 percent county matching fund obligation.
(2) The Department shall provide operating assistance with funds described in this section only:
(i) To fund operating deficits of the county’s transportation service; and
(ii) On the basis of a 75 percent State, 25 percent county matching fund obligation.
(g) The Secretary, in consultation with the Department of Aging and the Department of Disabilities, shall develop procedures for the proper enforcement of this section. The procedures shall provide that:
(1) A county shall use all amounts distributed to it under this section only for the acquisition or replacement of equipment or for the operating costs of the county’s transportation service;
(2) A county, in consultation with the local area agency on aging, shall determine the most effective means of serving the transportation needs of its elderly and handicapped residents;
(3) Each county shall cooperate with the others to best serve the transportation needs of the State’s elderly and handicapped residents; and
(4) A county administering a transportation service that receives funds under this section:
(i) Shall provide trips for any purpose;
(ii) Shall serve the elderly and handicapped citizens within the service areas identified in its application;
(iii) May not restrict its transportation service to clients of social service agencies;
(iv) May establish reasonable fares; and
(v) May permit persons other than the elderly and handicapped to use or benefit from its transportation service to the extent capacity is available.
(h) (1) The Secretary in consultation with the Department of Aging and the Department of Disabilities shall monitor the use of funds provided under this section.
(2) (i) On or before December 1 each year, the Secretary shall report to the Senate Budget and Taxation Committee and the House Appropriations Committee, in accordance with § 2–1257 of the State Government Article, on the amount of funding distributed to each county and municipality under this section during the prior fiscal year.
(ii) The report under subparagraph (i) of this paragraph shall include an estimate of:
1. The number of individuals receiving transportation services supported by the distributions under this section during the prior fiscal year;
2. The number of individual trips provided to individuals supported by the distributions under this section during the prior fiscal year; and
3. The number of individual trips required by elderly and handicapped persons in the State for the prior fiscal year and the next fiscal year.
(i) A county that receives funds under this section may not use such funds to replace any money it receives from other sources for transportation service for the elderly and handicapped.
(j) Federal funds provided to the State for use in connection with the provision of transportation service to the elderly and handicapped may not be diverted to other uses by the State.
(k) The Secretary shall encourage each county to:
(1) Continue to maximize use of existing funding programs for elderly and handicapped transportation service; and
(2) Enter into cooperative agreements with other local or State resource providers.
(l) Nothing in this section prohibits a county from:
(1) Contracting with nonprofit organizations, area agencies on aging, public transportation providers, or private carriers for the provision of transportation service to the elderly and handicapped;
(2) Modifying or expanding any existing local transportation system; or
(3) Developing a new transportation system with the use or assistance of subsidized volunteers.
Md. Code, Transportation § 2-103.4
§2–103.4.
(a) Without regard to the laws of this State relating to other State employees, the Secretary of Transportation may establish a human resources management system for employees of the Department and its units. Any human resources management system that the Secretary establishes under this section shall:
(1) Be based on merit;
(2) Include fair and equitable procedures for appointment, hiring, promotion, layoff, removal, termination, redress of grievances, and reinstatement of employees;
(3) Include consideration of hiring a contractual employee to fill a vacant position in the same or similar classification in which the contractual employee is employed; and
(4) Permit employees to participate in the pension and retirement systems for employees of the State of Maryland authorized under Division II of the State Personnel and Pensions Article or any other pension and retirement systems authorized by law.
(b) (1) In the exercise of the Secretary’s powers under this section, the Secretary may:
(i) Create any position in accordance with State law; and
(ii) Subject to subsection (b–1) of this section, determine the qualifications, appointment, removal, tenure, terms of employment, and compensation of employees unless otherwise prohibited by law.
(2) The Secretary shall designate executive service employee and commission plan employee positions in the Human Resources Management System that:
(i) Must be filled without regard to political affiliation, belief, or opinion; or
(ii) In accordance with the criteria established under § 6–405(b) of the State Personnel and Pensions Article, may be filled with regard to political affiliation, belief, or opinion.
(3) On an annual basis, the Secretary shall report on the total number of positions designated under paragraph (2) of this subsection to the Governor and, in accordance with § 2–1257 of the State Government Article, to the General Assembly.
(b–1) (1) In this subsection, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
(2) (i) In the exercise of the Secretary’s powers under subsection (b) of this section, the Secretary may request a State and national criminal history records check from the Central Repository for:
1. A prospective employee; or
2. A current employee for whom a criminal history records check is required by federal or State law.
(ii) The Secretary shall apply to the Central Repository for a State and national criminal history records check for each prospective or current employee for whom a records check is sought.
(iii) As part of the application for a criminal history records check, the Secretary shall submit to the Central Repository:
1. Two complete sets of the prospective or current employee’s legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;
2. The fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to criminal history record information; and
3. The mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.
(iv) In accordance with Title 10, Subtitle 2 of the Criminal Procedure Article, the Central Repository shall forward to the prospective or current employee and the Department the prospective or current employee’s criminal history record information.
(v) Information obtained from the Central Repository under this paragraph:
1. Is confidential and may not be redisseminated; and
2. May be used only for the employment purpose authorized by this section.
(3) A person who is the subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article.
(4) The Secretary may adopt regulations, guidelines, and policies to carry out this subsection.
(c) (1) Any human resources management system established under this section shall provide that classified service employees employed immediately prior to the date of its establishment shall be allowed to remain in the previous personnel system until June 30, 1996.
(2) Any person who as of June 30, 1996, is employed by the Department in a position authorized by the State budget, but not included under a collective bargaining agreement, shall be required to transfer into the human resources management system of the Department without loss of accumulated leave or retirement status.
(3) Any employee hired after the establishment of the new system as a permanent employee of the Department shall be hired under the provisions of the new human resources management system.
(4) Nothing in this section shall affect:
(i) The collective bargaining rights of members of the transit workers union;
(ii) The rights of employees hired at any time to join an employee organization; or
(iii) The rights of Maryland Transit Administration employees eligible under § 7–601 of this article to be included in a collective bargaining unit.
(d) (1) The Secretary shall adopt regulations to govern the human resources management system established under this section.
(2) The regulations shall address procedures for leave, appointment, hiring, promotion, layoff, removal, termination, redress of grievances, as defined in § 12–101 of the State Personnel and Pensions Article and consistent with § 2–407 of the State Personnel and Pensions Article, and reinstatement of employees and shall be presented to the Joint Committee on Administrative, Executive, and Legislative Review under Title 10, Subtitle 1 of the State Government Article.
(3) The regulations shall provide that before taking any disciplinary action related to employee misconduct, an appointing authority or designated representative shall:
(i) Investigate the alleged misconduct;
(ii) Meet with the employee;
(iii) Consider any mitigating circumstances;
(iv) Determine the appropriate disciplinary action, if any, to be imposed; and
(v) Give the employee a written notice of the disciplinary action to be taken and the employee’s appeal rights.
(4) (i) The regulations shall provide that the appointing authority or designated representative may suspend an employee, with or without pay, pending the filing of charges for termination.
(ii) If an employee is suspended without pay, the appointing authority or designated representative shall provide to the Secretary the charges for termination within 30 calendar days after the first day of the suspension period.
(iii) If the appointing authority or designated representative files the charges for termination after the 30–day period described in subparagraph (ii) of this paragraph, the employee shall be placed on leave with pay until the Secretary receives the charges.
(5) The regulations shall provide that an appointing authority or a designated representative and an employee may agree to the holding in abeyance of a disciplinary action for a period not to exceed 18 months in order to permit an employee to improve conduct or performance.
(6) The employee grievance procedures shall include, at a minimum, the following sequence of levels of appeal:
(i) Initially an aggrieved employee shall present any grievance to the appointing authority or a designated representative, who shall render a written decision;
(ii) Any appeal shall be presented to the Secretary or a designated representative, who shall render a written decision; and
(iii) If the dispute is still unresolved, the aggrieved employee may appeal to the Office of Administrative Hearings or a mutually agreed upon third party arbiter that may not hear grievances relating to classification, salary, or fiscal matters.
(7) The employee grievance procedures shall include redress of any violation of Title 2, Subtitle 4 of the State Personnel and Pensions Article, including the award and payment of damages.
(8) The Secretary shall establish appeal procedures for disciplinary actions through regulations and policy.
(9) (i) During any stage of a complaint, grievance, or other administrative or legal action that concerns State employment by a full–time or part–time executive service, career service, or commission plan employee of the Department, or by a temporary or contractual employee of the Department, the employee may not be subjected to coercion, discrimination, interference, reprisal, or restraint by or initiated on behalf of the Department solely as a result of that employee’s pursuit of a grievance, complaint, or other administrative or legal action that concerns State employment.
(ii) An employee of the Department may not intentionally take or assist in taking an act of coercion, discrimination, interference, reprisal, or restraint against another employee solely as a result of that employee’s pursuit of a grievance, complaint, or other administrative or legal action that concerns State employment.
(iii) An employee who violates the provisions of this paragraph is subject to disciplinary action, including termination of employment.
(e) (1) The Secretary shall establish an Employee Performance Incentive Awards Program that conforms to the provisions of Division I of the State Personnel and Pensions Article.
(2) The Secretary shall have the same authority to implement this Program as is delegated to the Secretary of Budget and Management.
(3) Funding for an Employee Performance Incentive Awards Program shall be budgeted as a separate line item in the Department’s annual budget submission to the General Assembly.
(f) All permanent employees of the Department shall:
(1) Be considered as permanent State employees for the purposes of transferring to a position in the Executive, Legislative, or Judicial Branch of government;
(2) Receive credit for service with the Department for the purpose of transferring accumulated sick and vacation leave, service credit in the Employees’ Retirement System, and all other benefits; and
(3) Be granted the same salary consideration that would be provided to an employee transferring within the Executive, Legislative, or Judicial Branch.
(g) (1) In establishing a pay plan for the Department’s human resources management system, the Secretary shall use the standard salary schedule adopted by the Secretary of Budget and Management pursuant to the budget.
(2) The Secretary shall prepare and recommend a standard pay plan for all classes of positions in the human resources management system that conforms to the provisions of §§ 8–101, 8–102, 8–104, 8–105, and 8–109 of the State Personnel and Pensions Article that govern the standard pay plan of the State.
(3) The Secretary shall have the same authority to implement a standard pay plan as is delegated to the Secretary of Budget and Management.
(4) Employees in the Department may not be paid salaries in excess of those paid to employees in substantially the same classifications in other State agencies.
(5) The pay plan for the “Nurse Case Reviewer” position shall be equivalent to the pay scale for comparable nursing positions in Maryland Department of Health facilities listed under § 10–415(a) of the Health – General Article.
(h) (1) The Secretary shall establish an executive pay plan that conforms to the provisions of §§ 8–101, 8–102, 8–103(b), 8–104, 8–108, and 8–109 of the State Personnel and Pensions Article that govern the executive pay plan of the State. The Secretary shall have the same authority to implement an executive pay plan as is delegated to the Secretary of Budget and Management.
(2) Subject to § 2–1257 of the State Government Article, the Secretary shall submit to the Department of Legislative Services, on or before July 15, October 15, January 15, and April 15 of each fiscal year:
(i) A list of the position, pay grade and step, title, name, and pay rate of each employee who was included in the executive pay plan as of the last day of the preceding fiscal quarter; and
(ii) The details of any lump–sum increases given to employees in the executive pay plan during the preceding fiscal quarter.
(3) (i) The quarterly reports required under paragraph (2) of this subsection shall include each flat–rate employee position in the executive pay plan.
(ii) Each flat–rate employee position included in the quarterly reports under subparagraph (i) of this paragraph shall be assigned a unique identifier that:
1. Describes the program to which the position is assigned for budgetary purposes; and
2. Corresponds to the position identification number used in the budget data provided annually by the Secretary to the Department of Legislative Services.
(i) The Department shall permit continuation of the rights of employee organizations in existence on July 1, 1992, to represent employees and to collect dues through a checkoff system consistent with Title 2, Subtitle 4 of the State Personnel and Pensions Article.
Md. Code, Transportation § 2-103.5
§2–103.5.
(a) Subject to the appropriation requirements and budgetary provisions of § 3-216 of this article and upon receipt of an approval of a grant application in the form or detail that the Secretary reasonably requires, the Department shall provide annual grants for paratransit service provided by county or local governments, that is complementary to fixed route service as required under the federal Americans with Disabilities Act.
(b) The amount of the grants:
(1) Shall be determined in accordance with multiyear paratransit plans approved by the Department or the Federal Transit Administration; and
(2) May not exceed a total of $4 million statewide in any fiscal year.
Md. Code, Transportation § 2-103.6
§2–103.6.
(a) (1) In this section the following words have the meanings indicated.
(2) “Job access project” means a program to provide reasonable transportation services to employment or job-related activities for low-income workers that:
(i) Facilitates trips to and from jobs and other employment related activities, including child care, job skills enhancement, and employment seeking activities; and
(ii) Serves low-income workers within a service area that is specified by a transportation provider.
(3) “Low-income worker” means a person that meets the poverty threshold that is established by the U.S. Department of Commerce, Bureau of the Census for a given year.
(4) “Transportation provider” means a public or private entity that provides transit service to more than one individual.
(b) (1) There is a job access program to provide grants to transportation providers for job access projects.
(2) Subject to the limitations provided in subsection (c) of this section and subject to the availability of funds in the annual State budget, the Secretary shall make grants to a transportation provider that:
(i) Operates a job access project that:
1. Takes into account the transportation needs of low-income workers within the area of service defined by the transportation provider; and
2. Is not restricted to clients of social service agencies;
(ii) Files a written application with the Department in the form and detail the Secretary requires; and
(iii) Receives approval from the Secretary.
(3) Before approving an application from a transportation provider, the Secretary shall consult with the local department of social services.
(4) When allocating funds under the job access program, the Secretary shall give priority to the areas of the State that the Secretary determines are most in need of a job access project.
(c) (1) A transportation provider that receives funds for a capital expenditure under the job access program shall expend a matching fund of at least 20% of the total cost of the proposed capital expenditure.
(2) A transportation provider that receives funds for operating expenditures under the job access program shall expend a matching fund of at least 25% of the total cost of the proposed operating expenditures.
(3) A transportation provider shall use funds distributed under this section only for the acquisition or replacement of equipment or the operating costs of a job access project.
(4) A transportation provider that receives a grant under this section shall consult with the local department of social services to determine the most effective means of serving the transportation needs of low-income workers in the proposed service area.
(5) A transportation provider shall cooperate with other transportation providers in the proposed service area to best serve the transportation needs of low-income workers.
(6) Nothing in this section shall be construed to prohibit a transportation provider from:
(i) Contracting with nonprofit organizations, public transportation providers, or private carriers for the provision of transportation service to low-income workers;
(ii) Modifying or expanding an existing local transportation system;
(iii) Developing a new transportation system with the use or assistance of subsidized volunteers; or
(iv) Allowing individuals other than low-income workers to use the transportation services provided by the job access project to the extent excess capacity is available.
(7) Each transportation provider that receives a grant under this section shall submit a report to the Secretary that details how the grant was expended on the job access project.
(d) (1) The Secretary shall encourage a transportation provider to:
(i) Continue to maximize use of existing funding programs for a job access project; and
(ii) Enter into cooperative agreements with other local or State transportation providers.
(2) The Secretary may adopt regulations that are necessary to carry out the provisions of this section.
(e) Any funds provided under this section shall be used to supplement and shall not supplant existing funds used by a transportation provider for transportation services.
Md. Code, Transportation § 2-103.7
§2–103.7.
(a) (1) In this section the following words have the meanings indicated.
(2) “Major capital project” has the meaning stated in § 2–103.1 of this subtitle.
(3) (i) “Major transportation project” means a major capital project in the State Highway Administration or the Maryland Transit Administration whose total cost for all phases exceeds $5,000,000 and that:
1. Increases highway or transit capacity;
2. Reduces areas of heavy traffic congestion;
3. Improves commute times in areas of heavy traffic congestion;
4. Improves transit stations or station areas; or
5. Improves highway capacity through the use of intelligent transportation systems or congestion management systems.
(ii) “Major transportation project” does not include:
1. Projects in the Maryland Aviation Administration, the Maryland Port Administration, or the Maryland Transportation Authority;
2. Maintenance and storage facilities projects;
3. Water quality improvement projects;
4. Projects related to Maryland’s priorities for total maximum daily load development;
5. Safety–related projects that do not increase highway or transit capacity;
6. Roads within the Appalachian Development Highway System; or
7. Projects that are solely for system preservation.
(b) The Department shall:
(1) In accordance with federal transportation requirements, develop a project–based scoring system for major transportation projects using the goals and measures established under subsection (c) of this section;
(2) Develop the weighting metrics for each goal and measure established under subsection (c) of this section;
(3) On or before January 1, 2018, develop a model consistent with this section that uses the project–based scoring system developed under this subsection to rank major transportation projects being considered for inclusion in the draft and final Consolidated Transportation Program;
(4) Use the model developed under this subsection to rank major transportation projects being considered for inclusion in the draft and final Consolidated Transportation Program; and
(5) Make the model developed under item (3) of this subsection and any ranking under item (4) of this subsection available to the public:
(i) As an appendix to the Consolidated Transportation Program; and
(ii) On the Department’s website.
(c) (1) The State transportation goals are:
(i) Safety and security;
(ii) System preservation;
(iii) Reducing congestion and improving commute times;
(iv) Environmental stewardship;
(v) Community vitality;
(vi) Economic prosperity;
(vii) Equitable access to transportation;
(viii) Cost effectiveness and return on investment; and
(ix) Local priorities.
(2) In evaluating whether and to what extent a major transportation project satisfies the goals established under paragraph (1) of this subsection, the Department shall assign a score for each goal using the weighting metrics developed by the Department under subsection (b)(2) of this section and the following measures:
(i) For safety and security:
1. The expected reduction in total fatalities and severe injuries in all modes affected by the project; and
2. The extent to which the project implements the Maryland State Highway Administration’s Complete Streets policies.
(ii) For system preservation:
1. The degree to which the project increases the lifespan of the affected facility;
2. The degree to which the project increases the functionality of the facility; and
3. The degree to which the project renders the facility more resilient.
(iii) For reducing congestion and improving commute times:
1. The expected change in cumulative job accessibility within an approximately 60–minute commute for highway projects or transit projects;
2. The degree to which the project has a positive impact on travel time reliability and congestion; and
3. The degree to which the project supports connections between different modes of transportation and promotes multiple transportation choices.
(iv) For environmental stewardship:
1. The potential of the project to limit or reduce harmful emissions;
2. The degree to which the project avoids impacts on State resources in the project area and adjacent areas; and
3. The degree to which the project advances the State environmental goals.
(v) For community vitality:
1. The degree to which the project is projected to increase the use of walking, biking, and transit;
2. The degree to which the project enhances existing community assets; and
3. The degree to which the project furthers the affected community’s and State’s plans for revitalization.
(vi) For economic prosperity:
1. The projected increase in the cumulative job accessibility within an approximately 60–minute commute for projects;
2. The extent to which the project is projected to enhance access to critical intermodal locations for the movement of goods and services; and
3. The projected increase in furthering nonspeculative local and State economic development strategies in existing communities.
(vii) For equitable access to transportation:
1. The expected increase in job accessibility for disadvantaged populations within an approximately 60–minute commute for projects; and
2. The projected economic development impact on low–income communities.
(viii) For cost effectiveness and return on investment:
1. The estimated travel time savings divided by the project cost;
2. The degree to which the project leverages additional federal, State, local, and private sector transportation investment; and
3. The degree to which the project will increase transportation alternatives and redundancy.
(ix) For local priorities, the degree to which the project supports local government transportation priorities, as specified in local government priority letters.
(d) (1) The score of a major transportation project shall be based solely on the goals and measures established under subsection (c) of this section.
(2) The Department shall make the scores of all projects evaluated for inclusion in the Consolidated Transportation Program and assigned a score under the model available to the public:
(i) As an appendix to the Consolidated Transportation Program; and
(ii) On the Department’s Web site.
(e) Nothing in this section may be construed to impede or alter:
(1) The priority letter process that outlines local transportation priorities for the Department’s consideration for inclusion in the Consolidated Transportation Program under § 2–103.1 of this subtitle;
(2) The Department’s visit to each county under § 2–103.1(e) of this subtitle; or
(3) The inclusion of local transportation priorities in the Consolidated Transportation Program.
Md. Code, Transportation § 2-103.8
§2–103.8.
(a) (1) In this section the following words have the meanings indicated.
(2) “Heat island effect” means the phenomenon that occurs when buildings, roads, and other infrastructure absorb and re–emit heat from the sun, causing urban areas to experience higher temperatures than surrounding areas.
(3) “Purple Line” means the light rail transit line between Bethesda in Montgomery County and New Carrollton in Prince George’s County.
(4) “Transportation facility” has the meaning stated in § 3–101 of this article.
(b) (1) The Department shall develop an urban tree program to replace trees that are removed during construction of a transportation facility project, including the area impacted by the Purple Line project.
(2) In developing the urban tree program, the Department shall consult with:
(i) The Department of the Environment and the Department of Natural Resources Forest Service;
(ii) Representatives of businesses that are located in communities where trees are removed as part of a transportation facility project;
(iii) Representatives of communities where trees are removed as part of a transportation facility project;
(iv) County and municipal governments for the communities in which trees are removed as part of a transportation facility project; and
(v) Residents of communities where trees are removed as part of a transportation facility project.
(c) (1) The urban tree program shall:
(i) Provide for the replacement of trees in communities where trees are removed as part of construction of a transportation facility project; and
(ii) Prioritize the initial replacement of trees in communities that are affected by:
1. Environmental justice issues; or
2. The heat island effect.
(2) Trees may be replaced on State, county, municipal, or private property.
(d) The Department, in collaboration with the Department of the Environment, the Department of Natural Resources, and any other State agency that the Department determines is necessary to collaborate with, shall identify sources of funding available for the replacement of trees in accordance with this section.
(e) Nothing in this section may be construed to abrogate or limit the applicability of any requirements or other provisions in the Natural Resources Article that apply to the replacement of trees that are removed during the construction of a transportation facility project.
Md. Code, Transportation § 2-106
(a) The Attorney General is legal adviser to the Department.
(b) The Attorney General shall assign to the Department the number of assistant attorneys general authorized by law to be assigned to the Department and any additional ones necessary to render effective legal advice and counsel. The Attorney General also shall designate an assistant attorney general as counsel to the Department.
(c) The counsel to the Department may have no duty other than to render the legal aid, advice, and counsel required by the Secretary and any other official of the Department, to supervise the other assistant attorneys general assigned to the Department, and to perform for the Department the duties assigned to him by the Attorney General. The counsel shall perform these duties subject to the control and supervision of the Attorney General. After the Attorney General designates the counsel to the Department, the Attorney General may not reassign the counsel without consulting the Secretary.
(d) (1) The counsel and every other assistant attorney general assigned to the Department shall perform for the Department the legal duties assigned to them by the Attorney General. Subject to his discretion and control, the Attorney General may assign to them any duty with respect to the Department that is required of the Attorney General by law.
(2) The counsel and every other assistant attorney general shall be a practicing lawyer of this State in good standing and is entitled to the salary provided in the State budget.
(e) This section does not apply to any unit in the Department:
(1) To the extent that the unit is authorized by law to employ its own legal adviser or counsel; and
(2) Only if those legal services cannot be provided feasibly or economically by the Attorney General.
Md. Code, Transportation § 2-107
(a) The following units are in the Department:
(1) Maryland Aviation Administration;
(2) Maryland Port Administration;
(3) Maryland Transit Administration;
(4) State Highway Administration;
(5) Motor Vehicle Administration;
(6) Board of Airport Zoning Appeals;
(7) State Roads Commission;
(8) Transportation Professional Services Selection Board; and
(9) Maryland Transportation Commission.
(b) The Department also includes any other unit that, in accordance with law, is declared to be in the Department.
Md. Code, Transportation § 2-109
(a) On behalf of each unit in the Department, the Secretary, with the approval of the Governor, may waive the provisions of this article requiring competitive bids if:
(1) The purchase is to be made from or the contract is to be made with the federal or any state government or any of their agencies or political subdivisions;
(2) The public exigency requires the immediate delivery or use of the supplies or services; or
(3) Only one source of supply is available.
(b) For purposes of this section, public exigency means an emergency caused by an act of God, natural disaster, catastrophe, or other similar event or public disorder, when the health, safety, or welfare of the citizens of the State would be jeopardized by a delay caused by the requirements of competitive bidding.
Md. Code, Transportation § 2-110
The Department may enter into contracts for the provision of waterborne marine fire protection and related waterborne emergency services to port facilities, as defined in § 6-101 of this article, and to vessels that are in any of the navigable waters of this State within the territorial jurisdiction of the Maryland Port Administration.
Md. Code, Transportation § 2-111
(a) In this section, “information technology” has the meaning stated in § 3A–301 of the State Finance and Procurement Article.
(b) The Department shall establish an Information Technology Investment Program in accordance with the Statewide Information Technology Master Plan, as established under § 3A–304 of the State Finance and Procurement Article, and shall maintain a separate account within the Transportation Trust Fund for information technology–related resources.
(c) (1) Before proceeding with any information technology–related project, the Department shall obtain approval by the Chief of Information Technology of the Department of Budget and Management that the project is consistent with the State Information Technology Master Plan.
(2) Subject to the final approval of the Secretary of Budget and Management, the Chief of Information Technology may approve an information technology–related project only after consulting with the Information Technology Board established under § 3–406 of the State Finance and Procurement Article.
Md. Code, Transportation § 2-112
(a) (1) In this section the following words have the meanings indicated.
(2) (i) “Complete streets design features” means design features that accommodate and facilitate safe and convenient access and mobility to facilities by all users, including bicyclists, motorists, pedestrians, and public transportation users.
(ii) “Complete streets design features” includes:
1. Paved shoulders suitable for use by bicyclists;
2. Protected bicycle lanes;
3. Share the road signage;
4. Crosswalks;
5. Pedestrian control signals;
6. Bus access and safety measures;
7. Sidewalks;
8. Shared use pathways;
9. Green stormwater infrastructure; and
10. Access to retail stores that provide healthy food and other necessities, especially in food deserts designated under § 6–308(c) of the Housing and Community Development Article.
(3) “Complete streets policy” means a policy that provides information for the implementation of complete streets design features during the planning, design, construction, and reconstruction of a facility.
(4) “Facility” means:
(i) An airport facility, as defined in § 5–101 of this article, that is owned or operated by the State;
(ii) A State highway, as defined in § 8–101 of this article; and
(iii) A transit facility, as defined in § 7–101 of this article.
(5) “Green stormwater infrastructure” means infrastructure implemented using best management practices that reduce the volume of stormwater runoff through infiltration, evapotranspiration, the beneficial reuse of water, or any other effective method.
(b) This section applies to a facility in:
(1) The Maryland Aviation Administration, as required under § 5–408.1 of this article;
(2) The Maryland Transit Administration, as required under § 7–310 of this article; and
(3) The State Highway Administration, as required under § 8–204.1 of this article.
(c) Except as provided in subsection (d) of this section, a complete streets policy adopted in accordance with this section shall:
(1) Be implemented with the objective of creating a comprehensive, integrated, and connected transportation network that allows users to choose among different modes of transportation;
(2) Ensure that all users are considered during the planning, design, construction, and reconstruction phases of a facility;
(3) Benefit all users equitably to the extent feasible while taking into consideration the needs of the most underinvested and underserved communities;
(4) When practicable, require the accommodation of other modes of transportation;
(5) Recognize that all facilities are different and user needs should be balanced to ensure community enhancement; and
(6) Incorporate best practices related to complete streets design features.
(d) Exceptions to the requirements of this section may be adopted when circumstances or laws exist that prohibit or limit the ability to provide favorable conditions for all modes of transportation.
Md. Code, Transportation § 2-113
(a) (1) In this section the following words have the meanings indicated.
(2) “Council” means the Maryland Zero Emission Electric Vehicle Infrastructure Council.
(3) “Fuel cell electric vehicle” has the meaning stated in § 11–125.1 of this article.
(4) “Plug–in electric drive vehicle” has the meaning stated in § 11–145.1 of this article.
(5) “Zero emission electric vehicle” includes:
(i) A plug–in electric drive vehicle; and
(ii) A fuel cell electric vehicle.
(b) There is a Maryland Zero Emission Electric Vehicle Infrastructure Council.
(c) The Council consists of the following members:
(1) One member of the Senate of Maryland, appointed by the President of the Senate;
(2) Two members of the House of Delegates, appointed by the Speaker of the House;
(3) The Secretary, or the Secretary’s designee;
(4) The Secretary of Planning, or the Secretary’s designee;
(5) The Secretary of the Environment, or the Secretary’s designee;
(6) The Secretary of Commerce, or the Secretary’s designee;
(7) The Secretary of General Services, or the Secretary’s designee;
(8) The Executive Director of the Technical Staff of the Maryland Public Service Commission, or the Executive Director’s designee;
(9) The Director of the Maryland Energy Administration, or the Director’s designee;
(10) The People’s Counsel, or the People’s Counsel’s designee; and
(11) The following members appointed by the Governor:
(i) One representative of an institution of higher education in the State with expertise in energy, transportation, or the environment;
(ii) Two representatives of the Maryland Association of Counties, including:
1. A representative who resides in a rural region of the State; and
2. A representative who resides in an urban or suburban region of the State;
(iii) Two representatives of the Maryland Municipal League, including:
1. A representative who resides in a rural region of the State; and
2. A representative who resides in an urban or suburban region of the State;
(iv) One representative of an electric vehicle driver advocacy organization;
(v) Two representatives of electric companies in the State;
(vi) One representative of a light–duty plug–in electric drive vehicle manufacturer;
(vii) One representative of a heavy–duty plug–in electric drive vehicle manufacturer;
(viii) One representative of a manufacturer of plug–in electric drive vehicle charging stations;
(ix) One representative of manufacturers of fuel cell electric vehicles;
(x) One representative of manufacturers of fuel cell electric vehicle infrastructure equipment;
(xi) One representative of fleet vehicle operators;
(xii) One representative of electrical workers;
(xiii) Two representatives of the environmental community;
(xiv) One public member with expertise in energy or transportation policy;
(xv) One representative of a new vehicle dealer association in the State;
(xvi) One representative of the retail electric supplier community; and
(xvii) One representative of an automotive dismantler and recycler that dismantles, destroys, or recycles zero emission electric vehicles and that, if applicable, recycles lithium–ion batteries.
(d) The Governor shall designate the chair or cochairs of the Council.
(e) The Department shall provide staff support to the Council with the assistance of the Maryland Energy Administration and the Maryland Public Service Commission.
(f) A member of the Council:
(1) May not receive compensation as a member of the Council; but
(2) Is entitled to reimbursement of expenses under the Standard State Travel Regulations, as provided in the State budget.
(g) The Council shall:
(1) Develop an action plan to facilitate the successful integration of zero emission electric vehicles into the State’s transportation network;
(2) Assist in developing and coordinating statewide standards for streamlined permitting and installation of residential and commercial electric vehicle charging and hydrogen refueling stations and supply equipment;
(3) Develop a recommendation for a statewide electric vehicle charging and hydrogen refueling infrastructure plan, including placement opportunities for public charging and hydrogen refueling stations;
(4) Increase consumer awareness and demand for zero emission electric vehicles through public outreach;
(5) Make recommendations regarding monetary and nonmonetary incentives to support zero emission electric vehicle ownership and maximize private sector investment in zero emission electric vehicles;
(6) Develop targeted policies to support fleet purchases of zero emission electric vehicles;
(7) Develop charging solutions for existing and future multidwelling units;
(8) Develop model procurement practices for light–duty vehicles that include an evaluation of the vehicle life cycle costs inclusive of estimated fuel cost over the anticipated life of the vehicle;
(9) Encourage local and regional efforts to promote the use of electric vehicles and attract federal funding for State and local zero emission electric vehicle programs;
(10) Recommend policies that support zero emission electric vehicle charging and hydrogen refueling from clean energy sources;
(11) Recommend a method of displaying pricing information at public charging and hydrogen refueling stations;
(12) Establish performance measures for meeting zero emission electric vehicle–related employment, infrastructure, and regulatory goals; and
(13) Pursue other goals and objectives that promote the utilization of zero emission electric vehicles in the State.
(h) (1) On or before December 1, 2024, and December 1, 2025, the Council shall submit interim reports of its work and recommendations to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.
(2) On or before June 30, 2026, the Council shall submit a final report of its work and recommendations to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.
Md. Code, Transportation § 2-114
(a) In this section, “transit service” and “transit station” have the meanings stated in § 7–101 of this article.
(b) This section applies only to:
(1) An employee who is:
(i) A State employee who works at a transit station, airport, port facility, or highway rest stop;
(ii) A State employee who provides transit service; or
(iii) Employed under a contract with the State to provide transit service; or
(2) An employer of an employee described in item (1) of this subsection.
(c) (1) The Department shall:
(i) In consultation with stakeholders, develop or identify and implement a training program that includes a curriculum on the identification and reporting of suspected human trafficking; and
(ii) Administer the training program:
1. To all employees and contract employees of the Department; and
2. To the extent feasible, during regular working hours.
(2) The training program shall:
(i) Include a definition of human trafficking; and
(ii) Offer guidance to employees and contract employees on the identification of potential victims of human trafficking and protocols for reporting suspected human trafficking.
(d) (1) Except as provided in paragraph (2) of this subsection, on or before January 1, 2027, and each January 1 thereafter, each employer shall certify to the Department that all the employer’s employees have completed the training program.
(2) An employer shall:
(i) Provide a new employee with the training required under this section within 90 days after the date of hire; and
(ii) To the extent feasible, administer the training program during regular working hours.
(e) Each employer, in consultation with the Department, shall:
(1) Establish a procedure for employees and contract employees to report suspected incidents of human trafficking to the appropriate local agencies, including the designated regional navigator; and
(2) Implement a human trafficking prevention policy for employees and contract employees by providing information on how to:
(i) Recognize potential victims of human trafficking;
(ii) Respond to an individual who may be or is a victim of human trafficking; and
(iii) Connect an individual who may be or is a victim of human trafficking with available resources.
(f) An employer, an employee, or a contract employee may not be held civilly or criminally liable for reporting or responding in good faith to a suspected incident of human trafficking.
(g) To the extent practicable, the Department shall require frequent public service announcements with safety information for human trafficking victims to be made, in both English and Spanish, at transit stations, airports, port facilities, and highway rest stops.
Md. Code, Transportation § 2-201
In this subtitle, “Commission” means the Maryland Transportation Commission.
Md. Code, Transportation § 2-202
There is a Maryland Transportation Commission in the Department.
Md. Code, Transportation § 2-203
(a) The Commission consists of the following 17 members:
(1) As ex officio members, the seven regional members of the State Roads Commission; and
(2) Ten members appointed by the Governor with the advice of the Secretary.
(b) An appointed member may not be an officer or employee of the Department. Each appointed member shall be a resident of this State and have interest and, preferably, experience in at least one of the fields under the jurisdiction of the Department.
(c) (1) Each appointed member serves for a term of 3 years and until his successor is appointed and qualifies. The terms of appointed members shall be staggered as required by the original appointments to the Commission, three of which were made for a 3-year term, four of which were made for a 2-year term, and three of which were made for a 1-year term.
(2) A member appointed to fill a vacancy in an unexpired term serves only for the remainder of that term.
Md. Code, Transportation § 2-204
(a) The Governor shall designate one of the appointed members of the Commission as its Chairman.
(b) The Commission shall meet, at a time and place designated by the Commission or its Chairman:
(1) At least once each month; and
(2) At any other time that the Secretary requests.
(c) The Secretary shall provide the Commission with the facilities and personnel of the Department that the Secretary considers necessary for the conduct of the business of the Commission.
(d) A member of the Commission is entitled to:
(1) The per diem compensation provided in the State budget; and
(2) Reimbursement for expenses incurred in the discharge of his duties, in accordance with the Standard State Travel Regulations of the Department of Budget and Management.
Md. Code, Transportation § 2-205
(a) (1) The Maryland Transportation Commission shall study the entire transportation system of this State and regularly discuss with the Secretary any matter relating to this State’s transportation system.
(2) Each of the seven regional members of the State Roads Commission, who serve as ex officio members of the Maryland Transportation Commission, shall:
(i) Conduct a continuing survey of the secondary highways, as defined in § 8-101 of this article, in that member’s region; and
(ii) Report on the highway needs and problems of that region to the Maryland Transportation Commission.
(3) The Maryland Transportation Commission may request of the Secretary any information relating to the Department that is needed for the Commission’s studies, surveys, and deliberations.
(b) The Commission shall advise and make recommendations to the Secretary and the heads of the units in the Department on all matters that concern transportation policy formation and program execution.
Md. Code, Transportation § 2-401
In addition to any other power and duty conferred on the Governor by the Constitution and laws of this State, the Governor may:
(1) Contract and do all other things necessary on behalf of this State to secure the full benefits available to it under the federal Highway Safety Act of 1966 and acts amendatory or supplemental to it; and
(2) In so doing, cooperate with local, State, and federal agencies, interested private and public organizations, and individuals to effectuate the purposes of these acts.
Md. Code, Transportation § 2-402
The Governor is the official of this State responsible for dealing with the federal government as to programs and activities under the federal Highway Safety Act of 1966 and acts amendatory or supplemental to it.
Md. Code, Transportation § 2-403
Subject to the authority of the Governor, the administration of this State’s highway safety program is the responsibility of the Department.
Md. Code, Transportation § 2-601
(a) In this subtitle the following words have the meanings indicated.
(b) “Director” means the Director of Bicycle and Pedestrian Access.
(c) “Transit facility” has the meaning stated in § 3-101(k) of this article.
(d) “Transportation facility” has the meaning stated in § 3-101(l) of this article.
Md. Code, Transportation § 2-602
The General Assembly finds that it is in the public interest for the State to include enhanced transportation facilities for pedestrians and bicycle riders as an essential component of the State’s transportation system, and declares that it is the policy of the State that:
(1) Access to and use of transportation facilities by pedestrians and bicycle riders shall be considered and best engineering practices regarding the needs of bicycle riders and pedestrians shall be employed in all phases of transportation planning, including highway design, construction, reconstruction, and repair as well as expansion and improvement of other transportation facilities;
(2) The modal administrations in the Department shall ensure that the State maintains an integrated transportation system by working cooperatively to remove barriers, including restrictions on bicycle access to mass transit, that impede the free movement of individuals from one mode of transportation to another;
(3) As to any new transportation project or improvement to an existing transportation facility, the Department shall work to ensure that transportation options for pedestrians and bicycle riders will be enhanced and that pedestrian and bicycle access to transportation facilities will not be negatively impacted by the project or improvement; and
(4) In developing the annual Consolidated Transportation Program, the Department shall:
(i) Ensure that there is an appropriate balance between funding for:
1. Projects that retrofit existing transportation projects with facilities for pedestrians and bicycle riders; and
2. New highway construction projects; and
(ii) In transit–oriented areas within priority funding areas, as defined in § 5–7B–02 of the State Finance and Procurement Article, place increased emphasis on projects that retrofit existing transportation projects with facilities for pedestrians and bicycle riders and increase accessibility for the greatest number of pedestrians and bicycle riders.
Md. Code, Transportation § 2-603
(a) There is a Director of Bicycle and Pedestrian Access in the Office of the Secretary.
(b) (1) The Director shall be appointed by the Secretary with the approval of the Governor.
(2) The Director shall be a person with experience in transportation planning with specialized knowledge in matters relating to bicycle and pedestrian access to transportation facilities.
(c) (1) The Director serves at the pleasure of the Secretary and shall report directly to the Secretary.
(2) Subject to the authority of the Secretary, the Director is responsible for carrying out:
(i) The powers and duties vested by law in the Director; and
(ii) Those powers and duties vested in the Secretary and delegated to the Director by the Secretary.
(d) The Director is entitled to the salary provided in the State budget.
Md. Code, Transportation § 2-604
(a) The Director shall develop and coordinate policies and plans for the provision, preservation, improvement, and expansion of access to transportation facilities in the State for pedestrians and bicycle riders, including development of a Statewide 20–Year Bicycle–Pedestrian Master Plan that:
(1) (i) Identifies short–term and long–range goals that are consistent with the purposes of this subtitle; and
(ii) For each identified goal, includes:
1. Reasonable cost estimates for achieving the goal; and
2. For purposes of the annual report required under § 3–216 of this article, objective performance criteria against which progress in achieving the goal can be measured;
(2) Complies with applicable federal funding requirements;
(3) Provides a model to guide political subdivisions of the State in enhancing bicycle and pedestrian access to transportation facilities;
(4) Proposes long–term strategies for improving the State’s highways to ensure compliance with the most advanced safety standards for pedestrians and bicycle riders; and
(5) After consultation with political subdivisions in the State, identifies bicycle–pedestrian priority areas to facilitate the targeting of available funds to those areas of the State most in need.
(b) The Statewide 20–Year Bicycle–Pedestrian Master Plan shall be reviewed and updated each year that the Maryland Transportation Plan, as described in § 2–103.1 of this title, is revised.
(c) To carry out the purposes of this subtitle, the Director shall:
(1) Participate in the planning of new transportation facilities and improvements to existing transportation facilities;
(2) Advise the Secretary on matters concerning bicycle and pedestrian access and any other matter as requested by the Secretary;
(3) Initiate a program of systematic identification of and planning for projects related to bicycle and pedestrian transportation that qualify for funds under Federal Highway Administration guidelines;
(4) Monitor State transportation plans, proposals, facilities, and services to ensure maximum benefits for pedestrians and bicycle riders in the State; and
(5) Consult regularly with the Bicycle and Pedestrian Advisory Committee established under § 2–606 of this subtitle.
(d) The exercise of the powers and duties of the Director is subject to the authority of the Secretary.
Md. Code, Transportation § 2-605
Subject to the limitations imposed by this subtitle, the Department, in consultation with the Director, may exercise all powers reasonably necessary to achieve the purposes of this subtitle, including the authority to:
(1) Adopt regulations to implement the provisions of this subtitle;
(2) Apply for and receive grants, gifts, payments, loans, advances, appropriations, property, and services from the federal government, the State, any of their agencies or political subdivisions, or any other public or private person; and
(3) Enter into agreements and contract for:
(i) Any studies, plans, demonstrations, or projects;
(ii) Planning, engineering, and technical services; and
(iii) Any purpose necessary for or incidental to the performance of its duties and the exercise of its powers under this subtitle.
Md. Code, Transportation § 2-606
(a) The Governor shall appoint a Bicycle and Pedestrian Advisory Committee to provide guidance to State agencies concerning:
(1) Funding of bicycle and pedestrian related programs;
(2) Public education and awareness of bicycling and pedestrian related activities;
(3) Public education and awareness of bicycling and pedestrian safety; and
(4) Any other issue directly related to bicycling and pedestrians.
(b) The Committee shall consist of the following:
(1) One representative each from:
(i) The Department of Transportation;
(ii) The Department of Natural Resources;
(iii) The State Department of Education;
(iv) The Department of State Police;
(v) The Department of Commerce;
(vi) The Maryland Department of Health;
(vii) The Department of Planning;
(viii) The Department of Disabilities; and
(ix) The Maryland–National Capital Park and Planning Commission;
(2) One citizen member from each of the following areas:
(i) The Eastern Shore;
(ii) Western Maryland; and
(iii) Southern Maryland;
(3) Two citizen members from each of the following areas:
(i) The Baltimore metropolitan area; and
(ii) The Washington metropolitan area; and
(4) Up to six citizen members selected to represent the interests of bicyclists, pedestrians, and the disabled community to include:
(i) A representative of individuals who are visually impaired; and
(ii) A representative of individuals who are mobility impaired.
(c) One of the citizen members selected under subsection (b) of this section shall have an expertise in bicycle and pedestrian safety.
(d) The total membership of the Committee may not exceed 22 members.
(e) The Governor shall select a chairman from among the citizen members.
(f) (1) The term of a member is 4 years.
(2) The terms of members are staggered as required by the terms provided for members of the Committee on October 1, 2001.
(3) At the end of a term, a member continues to serve until a successor is appointed and qualifies.
(4) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
(g) The Committee may adopt procedures necessary to ensure the orderly transaction of business.
(h) The Committee shall hold regular meetings as it deems appropriate.
(i) A member of the Committee may not receive compensation but shall be reimbursed for expenses under the Standard State Travel Regulations, as provided for in the State budget.
(j) The Department shall provide staff, administrative support, and operating expenses for the Committee as provided in the State budget.
Md. Code, Transportation § 2-607
(a) In this section, “Program” means the Maryland Pedestrian Safety Program.
(b) There is a Pedestrian Safety Program within the Department.
(c) The Program is funded by:
(1) The Highway Safety Operating Program of the State Highway Administration; and
(2) Any other moneys accepted for the benefit of the Program from any governmental or private source.
(d) (1) The Secretary shall award grants under the Program to counties, municipalities, and nonprofit organizations to carry out the provisions of this section.
(2) When awarding grants under the Program, the Secretary shall consider any matching fund an applicant proposes to provide.
(e) Counties, municipalities, and nonprofit organizations may apply for grants under the Program for the following purposes:
(1) To educate automobile drivers and pedestrians about methods to increase pedestrian safety;
(2) To enhance efforts to enforce State and local motor vehicle laws that protect the safety of pedestrians;
(3) To design or redesign intersections to increase pedestrian safety and access; and
(4) To enhance safe pedestrian access to transit facilities as defined in § 3-101 of this article.
(f) The Secretary shall establish procedures for counties, municipalities, and nonprofit organizations to apply for grants under the Program.
Md. Code, Transportation § 2-608
(a) In this section, “Program” means the Kim Lamphier Bikeways Network Program.
(b) There is a Kim Lamphier Bikeways Network Program in the Department.
(c) The purpose of the Program is to provide grant support for bicycle network development activities.
(d) The Department shall establish application and eligibility criteria for the Program.
Md. Code, Transportation § 2-701
(a) The General Assembly finds that the State must have sustainable communities in order to:
(1) Preserve and protect the State’s natural resources; and
(2) Achieve the State’s economic growth, resource protection, and planning policy in § 5–7A–01 of the State Finance and Procurement Article.
(b) The General Assembly finds that sustainable communities are places where public and private investments and partnerships achieve:
(1) Development of a healthy local economy;
(2) Protection and appreciation of historic and cultural resources;
(3) A mix of land uses;
(4) Affordable and sustainable housing and job options; and
(5) Growth and development practices that protect the environment and conserve air, water, and energy resources, encourage walkability and recreational opportunities, and, where available, create access to transit.
Md. Code, Transportation § 2-702
It is the intent of the General Assembly that the Department shall:
(1) Consider sustainable communities as it considers annual revisions under the Consolidated Transportation Program in § 2–103.1(b) through (f) of this title; and
(2) Twice a year consult with the Sustainable Growth Subcabinet established under § 9–1406 of the State Government Article on how the Department may work cooperatively to make mutual investments towards creating and supporting sustainable communities across the State.
Md. Code, Transportation § 2-703
Subject to the limitations imposed by this subtitle, the Department may exercise all powers reasonably necessary to achieve the purposes of this subtitle, including the authority to:
(1) Adopt regulations to implement the provisions of this subtitle;
(2) Apply for and receive grants, gifts, payments, loans, advances, appropriations, property, and services from the federal government and the State, any of the agencies or political subdivisions of the federal government and the State, or other public or private person; and
(3) Enter into agreements and contract for:
(i) Any studies, plans, demonstrations, or projects;
(ii) Planning, engineering, and technical services; or
(iii) Any purpose necessary for or incidental to the performance of its duties and the exercise of its powers under this subtitle.
Md. Code, Transportation § 2-801
§2–801. IN EFFECT
// EFFECTIVE UNTIL JUNE 30, 2028 PER CHAPTER 131 OF 2023 //
(a) For fiscal years 2024 through 2028, the Governor shall include in the annual State budget an appropriation of $500,000 from the Transportation Trust Fund for the operation of the replica sailing vessel known as the Pride of Baltimore II.
(b) On or before December 1, 2023, and on or before December 1 each year thereafter, any person or entity receiving funds under this section shall submit a report to the Department and, in accordance with § 2–1257 of the State Government Article, the Senate Budget and Taxation Committee and the House Appropriations Committee that includes:
(1) An accounting of how the funds were expended, supported by properly executed records, receipts, vouchers, invoices, and contracts that evidence the nature of the expenditures;
(2) An itinerary and any other information that demonstrates that the Pride of Baltimore II was operated solely for the purposes of promoting historical maritime education, fostering economic development and tourism, and representing the citizens of Maryland in every port visited; and
(3) A strategic business plan that includes:
(i) A goal to decrease or eliminate the need for State funds;
(ii) An annual operating budget and plan for the current year and the following year; and
(iii) To the extent practicable, the itinerary of the Pride of Baltimore II.
Md. Code, Transportation § 2-802
(a) (1) In this section the following words have the meanings indicated.
(2) “Bus rapid transit system” means a bus line that operates on at least some portion of roadway dedicated to buses and offers off–board fare collection or another form of high efficiency fare collection if a fare is charged.
(3) “Eligible grantee” means a county or municipal corporation that has:
(i) A bus rapid transit system that operates in the county or municipal corporation; and
(ii) No ongoing or completed facility, as that term is defined in § 10–601(s)(1), (4), (9), (10), or (11) of the Economic Development Article.
(b) (1) Subject to paragraph (2) of this subsection, when a deposit or payment is made in accordance with § 9–120(b)(1)(xi) of the State Government Article into the Bus Rapid Transit Fund established under § 2–802.1 of this subtitle, and there is only one eligible grantee, then the Department shall award a grant to the eligible grantee equal to the amount distributed to the Department under § 9–120(b)(1)(xi) of the State Government Article.
(2) (i) If there are two eligible grantees, and one eligible grantee is Montgomery County, the Department shall distribute $25,000,000 to Montgomery County and the remaining amount of the deposit or payment under § 9–120(b)(1)(xi) of the State Government Article to the remaining eligible grantee.
(ii) If more than three counties or municipal corporations are eligible grantees, and one eligible grantee is Montgomery County, then the Department shall distribute:
1. Not less than $20,000,000 to Montgomery County if Montgomery County remains an eligible county; and
2. The total remaining amount of the deposit or payment under § 9–120(b)(1)(xi) of the State Government Article to the remaining eligible grantees based on each eligible grantee’s pro rata share of the statewide population.
(iii) If Montgomery County is not an eligible grantee, and more than one county or municipal corporation are eligible grantees, then the Department shall distribute the total amount of the deposit payment under § 9–120(b)(1)(xi) of the State Government Article to the eligible grantees based on each eligible grantee’s pro rata share of the statewide population.
(3) (i) Eligible grantees receiving funds in accordance with this subsection and § 2–802.1 of this subtitle may use the grant funds for the:
1. Financing and refinancing of the costs related to the construction, acquisition, improvement, equipping, rehabilitation, and expansion of bus rapid transit system projects;
2. Payment of debt service on bonds issued to finance bus rapid transit system projects;
3. Payment of all reasonable expenses and charges related to bond issuance and borrowing; and
4. Payment of costs relating to the management and operation of bus rapid transit system projects.
(ii) If an eligible grantee uses funds under this section for the payment of debt service on bonds issued to finance bus rapid transit system projects, the eligible grantee shall issue bonds in accordance with an ordinance or resolution which may specify all matters relating to the advertisement, sale, issuance, delivery, and payment of the bonds, including:
1. The forms, dates, and denominations of the bonds;
2. The principal maturities;
3. The methods to be used in determining interest payable on the bonds; and
4. Any provisions for registration, redemption before stated maturity, or the use of facsimile signatures or seals.
(c) The Department:
(1) Shall distribute grants under this section to eligible grantees in a timely manner; and
(2) May not impose any additional conditions on an eligible grantee on receipt of a grant under this section.
Md. Code, Transportation § 2-802.1
§2–802.1.
(a) In this section, “Fund” means the Bus Rapid Transit Fund.
(b) There is a Bus Rapid Transit Fund.
(c) The purpose of the Fund is to:
(1) Provide grants to eligible grantees, as defined under § 2–802 of this subtitle; and
(2) Make funding commitments for the issuance of bus rapid transit bonds.
(d) The Department shall administer the Fund.
(e) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
(2) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
(f) The Fund consists of:
(1) Revenue distributed to the Fund under § 9–120(b)(1)(xi) of the State Government Article;
(2) Money appropriated in the State budget to the Fund;
(3) Interest earnings or other income earned from the investment of any money from the Fund; and
(4) Any other money from any other source accepted for the benefit of the Fund.
(g) (1) The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
(2) Any interest earnings of the Fund shall be credited to the Fund.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026