EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0141*
HOUSE BILL 141
R2 2lr1131
(PRE–FILED) CF SB 23
By: Delegate Ruth
Requested: November 1, 2021
Introduced and read first time: January 12, 2022
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Equity in Transportation Sector – Guidelines and Analyses 2
FOR the purpose of requiring that equity be considered when certain State transportation 3
plans, reports, and goals are developed; altering the membership of the advisory 4
committee on State transportation goals, benchmarks, and indicators; establishing 5
the Commission on Transportation Equity; requiring the Department of 6
Transportation, in collaboration with the Maryland Transit Administration, to 7
conduct certain analyses and consult with certain communities before announcing 8
or proposing certain service changes; requiring the Administration to take certain 9
actions to avoid or minimize certain disparate impacts or disproportionate burdens; 10
requiring the Administration to compile a report on the impacts of a proposed service 11
change after holding a public hearing on the proposed service change; and generally 12
relating to equity in transportation. 13
BY repealing and reenacting, with amendments, 14
Article – Transportation 15
Section 2–103.1(d), (h), and (j) and 7–101 16
Annotated Code of Maryland 17
(2020 Replacement Volume and 2021 Supplement) 18
BY repealing and reenacting, without amendments, 19
Article – Transportation 20
Section 2–103.1(g) and (i) 21
Annotated Code of Maryland 22
(2020 Replacement Volume and 2021 Supplement) 23
BY adding to 24
Article – Transportation 25
Section 7–714 and 7–715 26
Annotated Code of Maryland 27 2 HOUSE BILL 141
(2020 Replacement Volume and 2021 Supplement) 1
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
That the Laws of Maryland read as follows: 3
Article – Transportation 4
2–103.1. 5
(d) (1) The Maryland Transportation Plan shall: 6
[(1)] (I) Except as otherwise provided, be revised every 5 years through 7
an inclusive public participation process; 8
[(2)] (II) Include a 20–year forecast of State transportation needs, based 9
on the financial resources anticipated to be available to the Department during that 10
20–year period; 11
[(3)] (III) Be expressed in terms of the State transportation goals and 12
measures; and 13
[(4)] (IV) Include a summary of the types of projects and programs that are 14
proposed to accomplish the State transportation goals and measures, using a multi–modal 15
approach when feasible. 16
(2) BEGINNING WITH THE 2045 MARYLAND TRANSPORTATION PLAN, 17
THE DEPARTMENT SHALL CONS IDER WAYS TO ACHIEVE EQUITY IN THE 18
TRANSPORTATION SECTO R WHEN DEVELOPING TH E STATE TRANSPORTATION 19
GOALS. 20
(g) Beginning with the year 2002 State Report on Transportation and continuing 21
thereafter, before the General Assembly considers the proposed Maryland Transportation 22
Plan and the proposed Consolidated Transportation Program, the Department shall submit 23
an annual report on the attainment of State transportation goals and benchmarks for the 24
approved and proposed Maryland Transportation Plan and the approved and proposed 25
Consolidated Transportation Program to the Governor and, subject to § 2–1257 of the State 26
Government Article, to the General Assembly. 27
(h) (1) The report required under subsection (g) of this section shall include: 28
(i) The establishment of certain measurable performance indicators 29
or benchmarks, in priority funding areas at a minimum, designed to quantify the State 30
transportation goals and measures specified in the Maryland Transportation Plan and § 31
2–103.7 of this subtitle; and 32
(ii) The degree to which the projects and programs contained in the 33 HOUSE BILL 141 3
approved Maryland Transportation Plan and Consolidated Transportation Program attain 1
those goals and benchmarks as measured by the performance indicators or benchmarks. 2
(2) The Department shall include in its report measurable long–term goals, 3
and intermediate benchmarks of progress toward the attainment of the long–term goals, 4
for the following measurable transportation indicators: 5
(i) An increase in the share of total person trips for each of transit, 6
high occupancy auto, pedestrian, and bicycle modes of travel; 7
(ii) A decrease in indicators of traffic congestion as determined by 8
the Department; and 9
(iii) Any other performance goals established by the Department for 10
reducing automobile traffic and increasing the use of nonautomobile traffic. 11
(3) (I) BEGINNING WITH THE 2023 ATTAINMENT REPORT ON 12
TRANSPORTATION SYSTEM PERFORMANCE , THE ADVISORY COMMITT EE ADVISING 13
THE DEPARTMENT ON STATE TRANSPORTATION GOALS, BENCHMARKS , AND 14
INDICATORS SHALL CON SULT WITH THE COMMISSION ON TRANSPORTATION 15
EQUITY TO RECOMMEND M EASURABLE TRANSPORTA TION INDICATORS THAT C AN 16
BE EVALUATED FOR : 17
1. RACIAL AND ETHNIC DIS PARITIES; AND 18
2. IMPACTS ON PERSONS WI TH DISABILITIES. 19
(II) THE DEPARTMENT SHALL EVAL UATE THE INDICATORS 20
UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH TO IDENTIFY ANY: 21
1. RACIAL AND ETHNIC DISPARITIES; AND 22
2. IMPACTS ON PERSONS WI TH DISABILITIES. 23
[(3)] (4) The performance indicators or benchmarks described in this 24
subsection shall acknowledge the difference between urban and rural transportation needs. 25
(i) The Smart Growth Subcabinet, established under Title 9, Subtitle 14 of the 26
State Government Article, shall conduct an annual review of the State transportation goals, 27
benchmarks, and indicators. 28
(j) (1) An advisory committee shall be assembled to advise the Department on 29
the State transportation goals, benchmarks, and indicators under subsection (h) of this 30
section. 31
4 HOUSE BILL 141
(2) Membership of the advisory committee shall include but is not limited 1
to the following members appointed by the Governor: 2
(i) A representative of the Maryland business community; 3
(ii) A representative of the disabled citizens community; 4
(iii) A representative of rural interests; 5
(iv) A representative of an auto users group; 6
(v) A representative of a transit users group; 7
(vi) A representative of the goods movement industry; 8
(vii) A nationally recognized expert on transportation demand 9
management; 10
(viii) A nationally recognized expert on pedestrian and bicycle 11
transportation; 12
(ix) A nationally recognized expert on transportation performance 13
measurement; 14
(x) A representative of an environmental advocacy organization; 15
(xi) A representative from the Maryland Department of Planning; 16
(xii) A representative of the Maryland Association of Counties; [and] 17
(xiii) A representative of the Maryland Municipal League; 18
(XIV) A REPRESENTATIVE OF TH E MARYLAND STATE 19
CONFERENCE OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF 20
COLORED PEOPLE; AND 21
(XV) A REPRESENTATIVE OF A TRANSPORTATION LABOR 22
ORGANIZATION , DESIGNATED BY THE MARYLAND STATE AND DISTRICT OF 23
COLUMBIA AFL–CIO. 24
(3) The Governor shall appoint the chairman of the advisory committee. 25
(4) The advisory committee shall meet at least four times during the 26
process of developing the Maryland Transportation Plan to provide advice to the 27
Department on meeting the requirements of this subsection. 28
HOUSE BILL 141 5
(5) The Department and the advisory committee shall consider the 1
following: 2
(i) Transportation and population trends and their impact on the 3
State’s transportation system and priority funding areas; 4
(ii) Past and present State funding devoted to the various 5
transportation modes and demand management; 6
(iii) The full range of unmet transportation needs in priority funding 7
areas; 8
(iv) The full range of transportation measures and facilities 9
available, and their role, effectiveness, and cost effectiveness in providing travel choices 10
and reducing congestion; 11
(v) A review of transportation performance indicators and their use 12
in other states; 13
(vi) A review of the coordination of State transportation investments 14
with local growth plans for priority funding areas; 15
(vii) The types of investments needed and their levels of funding for 16
supporting the State transportation goals and measures established under § 2–103.7 of this 17
subtitle; 18
(viii) The impact of transportation investment on: 19
1. The environment; 20
2. Environmental justice as defined in § 1–701 of the 21
Environment Article; 22
3. Communities; [and] 23
4. Economic development; [and] 24
5. RACIAL EQUITY; AND 25
6. PERSONS WITH DISABILI TIES, INCLUDING SERVICE 26
ACCESSIBILITY; AND 27
(ix) The Climate Action Plan goals required by the Greenhouse Gas 28
Emissions Reduction Act of 2009 under § 2–1205(b) of the Environment Article. 29
7–101. 30 6 HOUSE BILL 141
(a) In this title the following words have the meanings indicated. 1
(b) “Administration” means the Maryland Transit Administration. 2
(c) “Administrator” means the Maryland Transit Administrator. 3
(D) “DISPARATE IMPACT ” MEANS A FACIALL Y NEUTRAL POLICY OR 4
PRACTICE THAT DISPRO PORTIONATELY AFFECTS MEMBERS OF A GROUP 5
IDENTIFIED BY RACE , COLOR, OR NATIONAL ORIGIN , WHERE THE RECIPIENT ’S 6
POLICY OR PRACTICE L ACKS A SUBSTANTIAL L EGITIMATE JUSTIFICAT ION AND 7
WHERE THERE EXIST ON E OR MORE ALTERNATI VES THAT WOULD SERVE THE SAME 8
LEGITIMATE OBJECTIVE S BUT WITH LESS DISP ROPORTIONATE EFFECT ON THE 9
BASIS OF RACE, COLOR, OR NATIONAL ORIGIN . 10
(E) “DISPROPORTIONATE BURD EN” MEANS A FACIALLY NEUTRAL POLICY 11
OR PRACTICE THAT DIS PROPORTIONATELY AFFE CTS LOW–INCOME POPULATIONS 12
MORE THAN NON –LOW–INCOME POPULATIONS A ND, ON A FINDING OF 13
DISPROPORTIONATE BUR DEN, REQUIRES THE RECIPIE NT TO EVALUATE 14
ALTERNATIVES AND MIT IGATE BURDENS WHERE PRACTICABLE . 15
[(d)] (F) “District” means: 16
(1) The Metropolitan Transit District, consisting of Baltimore City, 17
Baltimore County, Anne Arundel County, and other areas as designated by the Secretary 18
after consultation and coordination with the affected jurisdiction and subject to the 19
provisions of the Washington Metropolitan Transit Authority Compact; and 20
(2) Any area in which railroad service is performed under contract with the 21
Administration or in which railroad facilities are owned by the Administration. 22
[(e)] (G) “Excursion train” means any special event train sponsored or 23
contracted for in connection with the promotion of a public event benefiting the State and 24
its citizens. 25
[(f)] (H) “Light rail transit” means rail transit which is electrically powered and 26
can operate in mixed traffic with automobiles. 27
[(g)] (I) “Private carrier” means any person that renders transit service within 28
the District under an operating permit or license issued by an agency of this State 29
exercising regulatory jurisdiction over transportation of passengers within this State and 30
over persons engaged in that business. 31
[(h)] (J) “Proof of fare payment” means evidence of fare prepayment authorized 32
by the Administration for the use of transit service. 33
HOUSE BILL 141 7
[(i)] (K) “Railroad company” means any entity engaged in the providing of 1
railroad service under this title. 2
[(j)] (L) (1) “Railroad facility” means any facility used in providing railroad 3
services, and includes any one or more or combination of: 4
(i) Switches, spurs, tracks, structures, terminals, yards, real 5
property, and other facilities useful or designed for use in connection with the 6
transportation of persons or goods by rail; and 7
(ii) All other appurtenances, including locomotives, cars, vehicles, 8
and other instrumentalities of shipment or carriage, useful or designed for use in 9
connection with the transportation of persons or goods by rail. 10
(2) “Railroad facility” does not include any transit facility. 11
[(k)] (M) “Railroad service” means any service utilizing rail or railroad facilities 12
performed by any common carrier operating under the jurisdiction of the State or federal 13
government as a common carrier and includes any such service performed by the National 14
Railroad Passenger Corporation. 15
[(l)] (N) “Transit facility” includes any one or more or combination of tracks, 16
rights–of–way, bridges, tunnels, subways, rolling stock, stations, terminals, ports, parking 17
areas, equipment, fixtures, buildings, structures, other real or personal property, and 18
services incidental to or useful or designed for use in connection with the rendering of 19
transit service by any means, including rail, bus, motor vehicle, or other mode of 20
transportation, but does not include any railroad facility. 21
[(m)] (O) “Transit–oriented development” means a mix of private or public 22
parking facilities, commercial and residential structures, and uses, improvements, and 23
facilities customarily appurtenant to such facilities and uses, that: 24
(1) Is part of a deliberate development plan or strategy involving: 25
(i) Property that is adjacent to the passenger boarding and alighting 26
location of a planned or existing transit station; or 27
(ii) Property, any part of which is located within one–half mile of the 28
passenger boarding and alighting location of a planned or existing transit station; 29
(2) Is planned to maximize the use of transit, walking, and bicycling by 30
residents and employees; and 31
(3) Is designated as a transit–oriented development by: 32
(i) The Secretary, after considering a recommendation of the Smart 33
Growth Subcabinet established under § 9–1406 of the State Government Article; and 34 8 HOUSE BILL 141
(ii) The local government or multicounty agency with land use and 1
planning responsibility for the relevant area. 2
[(n)] (P) (1) “Transit service” means the transportation of persons and their 3
packages and baggage and of newspapers, express, and mail in regular route, special, or 4
charter service by means of transit facilities between points within the District. 5
(2) “Transit service” does not include any: 6
(i) Vanpool operation; or 7
(ii) Railroad service. 8
[(o)] (Q) (1) “Transit station” means any facility, the primary function of 9
which relates to the boarding and alighting of passengers from transit vehicles. 10
(2) “Transit station” includes platforms, shelters, passenger waiting 11
facilities, parking areas, access roadways, and other real property used to facilitate 12
passenger access to transit service or railroad service. 13
[(p)] (R) “Transit vehicle” means a mobile device used in rendering transit 14
service. 15
7–714. 16
(A) IN THIS SECTION , “COMMISSION” MEANS THE COMMISSION ON 17
TRANSPORTATION EQUITY. 18
(B) THERE IS A COMMISSION ON TRANSPORTATION EQUITY. 19
(C) THE COMMISSION CONSISTS O F THE FOLLOWING MEMB ERS: 20
(1) THE SECRETARY OF TRANSPORTATION , OR THE SECRETARY’S 21
DESIGNEE, AS AN EX OFFICIO MEM BER; 22
(2) THREE MEMBERS APPOINT ED BY THE GOVERNOR; 23
(3) TWO MEMBERS APPOINTED BY THE PRESIDENT OF THE SENATE; 24
(4) TWO MEMBERS APPOINTED BY THE SPEAKER OF THE HOUSE; 25
(5) ONE REPRESENTATIVE OF A TRANSPORTATION LAB OR 26
ORGANIZATION , DESIGNATED BY THE MARYLAND STATE AND DISTRICT OF 27
COLUMBIA AFL–CIO; AND 28 HOUSE BILL 141 9
(6) THE FOLLOWING MEMBERS , APPOINTED JOINTLY BY THE 1
PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE: 2
(I) ONE REPRESENTATIVE OF THE MARYLAND STATE 3
CONFERENCE OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF 4
COLORED PEOPLE; 5
(II) ONE REPRESENTATIVE OF DISABILITY RIGHTS MARYLAND; 6
(III) ONE REPRESENTATIVE OF CASA DE MARYLAND; 7
(IV) ONE REPRESENTATI VE OF THE BALTIMORE TRANSIT 8
EQUITY COALITION; 9
(V) TWO HIGH SCHOOL STUDE NTS, AT LEAST ONE OF WHOM 10
MUST BE A TRANSIT RI DER RESIDING IN BALTIMORE CITY; AND 11
(VI) A REPRESENTATIVE OF THE JOHNS HOPKINS BLOOMBERG 12
SCHOOL OF PUBLIC HEALTH. 13
(D) (1) EACH APPOINTING OFFIC IAL SHALL CONSIDER T HE EXPERTISE 14
OF THE OTHER MEMBERS APPOINTED TO THE COMMISSION AND ATTEMP T TO MAKE 15
APPOINTMENTS THAT RE FLECT A DIVERSITY OF EXPERTISE. 16
(2) THE COMMISSION SHALL REFL ECT THE CULTURAL , ETHNIC, AND 17
GEOGRAPHIC DIVERSI TY OF THE STATE. 18
(E) (1) THE COMMISSION SHALL ELEC T A CHAIR AND VICE CHAIR FROM 19
AMONG ITS MEMBERS . 20
(2) THE COMMISSION: 21
(I) SHALL HOLD REGULAR QUARTER LY MEETINGS; AND 22
(II) MAY CONVENE A SPECIAL MEETING IF NECESSARY. 23
(F) (1) NINE MEMBERS OF THE COMMISSION SHALL CONS TITUTE A 24
QUORUM. 25
(2) ALL ACTIONS OF THE COMMISSION SHALL REQU IRE THE 26
AFFIRMATIVE VOTE OF AT LEAST NINE MEMBERS. 27
10 HOUSE BILL 141
(G) A MEMBER OF THE COMMISSION MAY NOT RE CEIVE COMPENSATION A S 1
A MEMBER OF THE COMMISSION, BUT IS ENTITLED TO: 2
(1) A PER DIEM RATE AS PRO VIDED IN THE STATE BUDGET FOR 3
ATTENDING SCHEDULED MEETINGS OF THE COMMISSION; AND 4
(2) REIMBURSEMENT FOR EXP ENSES UNDER THE STANDARD STATE 5
TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET . 6
(H) THE DEPARTMENT S HALL PROVIDE STAFF F OR THE COMMISSION. 7
(I) THE COMMISSION SHALL : 8
(1) WORK WITH THE DEPARTMENT TO DEVELOP POLICIES AND 9
PERFORMANCE MEASURES TO ENSURE THAT THE STATE TRANSPORTATION SYSTEM 10
IS EQUITABLE; 11
(2) ADVISE THE DEPARTMENT ON HOW THE TRANSPORTATION 12
SYSTEM IN THE STATE CAN ADDRESS RAC IAL DISPARITIES IN E MPLOYMENT , 13
EDUCATION, ENVIRONMENT , HOUSING, AND HEALTH; 14
(3) ADVISE THE ADMINISTRATION ON METHODOLOGY FOR 15
EVALUATING THE CORRE LATION BETWEEN TRANS IT AND FACTORS SUCH AS 16
HEALTH, ENVIRONMENTAL JUSTIC E, SOCIOECONOMIC STATUS , AND DISABILITY 17
STATUS; 18
(4) CONSIDER AND RECOMMEN D HOW TO USE THE 19
“TRANSPORTATION EQUITY AND ENVIRONMENTAL HEALTH IN BALTIMORE CITY” 20
STUDY BY THE JOHNS HOPKINS BLOOMBERG SCHOOL OF PUBLIC HEALTH AND THE 21
BALTIMORE TRANSIT EQUITY COALITION AS A SOURCE OF TRANS IT EQUITY, 22
HEALTH, AND POLLUTANTS CONVE RGENCE ANALYS IS AND AS AN INSTRUMENT 23
LEADING TO IMPROVED STATEWIDE TRANSIT EQ UITY; 24
(5) (I) ADVISE THE ADMINISTRATION ON THE 3–YEAR TITLE VI 25
IMPLEMENTATION PROGRAM; AND 26
(II) IN ACCORDANCE WITH THE FEDERAL TRANSIT 27
ADMINISTRATION ’S TITLE VI REQUIREMENTS AND GUIDELINES FOR FEDERAL 28
TRANSIT ADMINISTRATION RECIPIENTS, ADVISE THE ADMINISTRATION ON 29
DEVELOPING : 30
1. A MAJOR SERVICE CHANGE POLICY; 31
HOUSE BILL 141 11
2. A DISPARATE IMPACT POL ICY; AND 1
3. A DISPROPORTIONATE BUR DEN POLICY; 2
(6) ADVISE THE ADMINISTRATION ON : 3
(I) TRANSIT EQUITY ANALYSIS POLI CIES AND GUIDELINES , 4
INCLUDING THRESHOLDS FOR WHEN A CHANGE TO SERVICE OR A REDUCTION OR 5
CANCELLATION OF A CAPITAL PROJECT REQU IRES ANALYSIS; AND 6
(II) POLICIES AND GUIDELIN ES THAT INCLUDE METH ODS FOR 7
INTERMODAL ANALYSIS TO ENSURE THAT A CHA NGE DOES NOT 8
DISPROPORTIONATELY I MPACT MODES WITH MAJ ORITY–MINORITY RIDERSHIP ; 9
(7) ADVISE AND ASSIST THE DEPARTMENT AND THE 10
ADMINISTRATION WITH C OMMUNITY OUTREACH TO MINORITY COMMUNITIES , 11
LOW–INCOME COMMUNITIES , DISABLED RIDERS , AND RIDERS WITH LIMI TED 12
ENGLISH PROFICIENCY ; AND 13
(8) (I) HOLD AT LEAST ONE TOWN HALL MEETIN G ANNUALLY TO 14
SOLICIT INPUT FROM T HE PUBLIC ON ISSUES OF TRANSPORTATION EQ UITY; 15
(II) ALLOW THE PUBLIC TO T ESTIFY AT TOWN HALL MEETINGS 16
IN PERSON OR THROUGH ELECTRONIC MEANS ; AND 17
(III) TO THE EXTENT POSSIBL E, HOLD TOWN HALL MEE TINGS IN 18
VARIOUS REGIONS OF T HE STATE. 19
(J) (1) THE COMMISSION SHALL PROD UCE AN ANNUAL REPORT THAT 20
INCLUDES: 21
(I) ACTIVITIES OF THE COMMISSION; 22
(II) THE DEPARTMENT ’S PROGRESS ON ENSURI NG EQUITABLE 23
TRANSPORTATION SYSTE MS; 24
(III) RECOMMENDATION S FOR THE DEPARTMENT TO IMPROVE 25
EQUITY; AND 26
(IV) AN ANALYSIS OF THE TE STIMONY RECEIVED FRO M THE 27
PUBLIC DURING ANY TO WN HALL MEETINGS HEL D BY THE COMMISSION DURING THE 28
PREVIOUS CALENDAR YE AR. 29
12 HOUSE BILL 141
(2) THE REPORT SHALL BE : 1
(I) POSTED ON THE DEPARTMEN T’S WEBSITE; AND 2
(II) MADE AVAILABLE TO THE PUBLIC ON REQUEST. 3
(K) ON OR BEFORE OCTOBER 1, 2023, AND EACH OCTOBER 1 THEREAFTER , 4
THE COMMISSION SHALL SUBM IT THE ANNUAL REPORT REQUIRED UNDER 5
SUBSECTION (J) OF THIS SECTION TO : 6
(1) THE MEMBERS OF THE BOARD OF PUBLIC WORKS; 7
(2) THE ATTORNEY GENERAL; 8
(3) THE SECRETARY OF TRANSPORTATION ; AND 9
(4) IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 10
ARTICLE: 11
(I) THE PRESIDENT OF THE SENATE; 12
(II) THE SPEAKER OF THE HOUSE; 13
(III) THE SENATE FINANCE COMMITTEE; AND 14
(IV) THE HOUSE ENVIRONMENT AND TRANSPORTATION 15
COMMITTEE. 16
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 17
as follows: 18
Article – Transportation 19
7–715. 20
(A) BEFORE ANNOUNCING OR PROPOSING ANY SERVIC E CHANGE THAT 21
WOULD CONSTITUTE A MAJOR S ERVICE CHANGE UNDER THE FEDERAL TRANSIT 22
ADMINISTRATION ’S TITLE VI REQUIREMENTS AND GUIDELINES FOR FEDERAL 23
TRANSIT ADMINISTRATION RECIPIENTS, OR ANY REDUCTION OR CANCELLATION OF 24
A CAPITAL PROJECT EX CEEDING THE THRESHOLDS DEVELOPED BY THE 25
ADMINISTRATION IN COO RDINATION WITH THE COMMISSION ON TRANSPORTATION 26
EQUITY, THE DEPARTMENT , IN COLLABORATION WIT H THE ADMINISTRATION , 27
SHALL: 28
HOUSE BILL 141 13
(1) CONDUCT A TRANSIT EQU ITY ANALYSIS IN ACCORDANCE WITH 1
THE TITLE VI REQUIREMENTS AND GUIDELINES FOR FEDERAL TRANSIT 2
ADMINISTRATION RECIPIENTS AND THE GU IDELINES ADVISED BY THE COMMISSION 3
ON TRANSPORTATION EQUITY TO DETERMINE WHETHER THE CHANGE WILL 4
CREATE A DISPARATE IMPACT OR A DISPROPORTIONAT E BURDEN; 5
(2) PERFORM A COST –BENEFIT ANALYSIS , INCLUDING AN ANALYSI S 6
OF IMPACTS ON: 7
(I) ECONOMIC DEVELOPMENT ; 8
(II) EMPLOYMENT ; 9
(III) EDUCATION; AND 10
(IV) HEALTH; AND 11
(3) CONSULT WITH MEMBERS AND LEADERS OF AFFEC TED 12
COMMUNITIES , INCLUDING THROUGH CO MMUNITY OUTREACH TO : 13
(I) RACIAL MINORITY COMMU NITIES; 14
(II) LOW–INCOME COMMUNITIES ; 15
(III) DISABLED RIDERS ; 16
(IV) RIDERS WITH LIMITED ENGLISH PROFICIENCY ; AND 17
(V) TRANSIT–RELIANT RIDERS . 18
(B) (1) IF, ACCORDING TO THE GUI DELINES ADVISED BY THE 19
COMMISSION ON TRANSPORTATION EQUITY, A TRANSIT EQUITY ANA LYSIS REVEALS 20
DISPARATE IMPACT OR DISPROPORTIONATE BURDEN, THE ADMINISTRATION 21
SHALL: 22
(I) DEVELOP ALTERNATI VES THAT WOULD MEET THE GOALS 23
OF THE PROPOSED SERV ICE CHANGE; AND 24
(II) CONDUCT A TRANSIT EQU ITY ANALYSIS ON THE 25
ALTERNATIVES . 26
(2) IF A DISPARATE IMPACT CAN BE AVOIDED THROU GH USE OF ONE 27
OF THE ALTERNATIVES ANALYZED, THE ADMINISTRATION SHALL PROCEED WITH 28 14 HOUSE BILL 141
THAT ALTERNATIVE AS THE PRIMARY PROPOSED SERVICE CHANGE . 1
(3) IF THERE IS NO ALTERN ATIVE THAT WOULD AVO ID A DISPARATE 2
IMPACT OR DISPROPORTIONATE BURDEN, THE ADMINISTRATION : 3
(I) MAY NOT IMPLEMENT THE PROPOSED SERVICE CHA NGE 4
UNLESS A SUBSTANTIAL JUSTIFICATION EXISTS THAT NECESSITATES TH E CHANGE; 5
AND 6
(II) SHALL IMPLEMENT THE ALTERN ATIVE THAT CAUSES TH E 7
LEAST DISPARATE IMPA CT OR DISPROPORTIONATE BURDEN. 8
(C) BEFORE HOLDING A PU BLIC HEARING ON A PR OPOSED SERVICE 9
CHANGE, THE ADMINISTRATION SHALL: 10
(I) PUBLISH THE TRANSPORTATION EQUITY ANALYSIS AND 11
COST–BENEFIT ANALYSIS ON THE ADMINISTRATION ’S WEBSITE; AND 12
(II) PROVIDE A COPY TO THE COMMISSION ON TRANSPORTATION 13
EQUITY. 14
(D) (1) AFTER COMPLETING THE PUBLIC HEARINGS , THE 15
ADMINISTRATION SHALL COMPILE A REPORT ON THE IMPACTS OF THE P ROPOSED 16
SERVICE CHANGE . 17
(2) THE REPORT SHALL INCL UDE: 18
(I) THE TRANSIT EQUITY AN ALYSIS; 19
(II) THE COST–BENEFIT ANALYSIS ; 20
(III) A COMMUNITY OUTREACH REPORT ; 21
(IV) ANY ALTERNATIVES ANAL YZED; AND 22
(V) IF APPLICABLE, THE FINAL ALTERNATIV E SELECTED. 23
(3) IF A DISPARATE IMPACT OR DISPROPORTIONATE BURDEN EXISTS 24
IN THE FINAL ALTERNA TIVE SELECTED , THE REPORT SHALL INC LUDE A 25
SUBSTANTIAL JUSTIFICATION STATEM ENT. 26
(4) THE REPORT SHALL BE : 27
HOUSE BILL 141 15
(I) MADE AVAILABLE TO THE PUBLIC ON THE 1
ADMINISTRATION ’S WEBSITE, WITH A VISIBLE LINK FROM THE PRIMARY 2
INFORMATION PAGE REL ATING TO THE PROPOSE D SERVICE CHANGE ; AND 3
(II) DISTRIBUTED TO: 4
1. THE MEMBERS OF THE BOARD OF PUBLIC WORKS; 5
2. THE ATTORNEY GENERAL; 6
3. THE SECRETARY OF TRANSPORTATION ; 7
4. THE COMMISSION ON TRANSPORTATION EQUITY; 8
5. ANY ELECTED OFFICIALS WHOSE DISTRICTS WOUL D 9
BE IMPACTED BY THE P ROPOSED SERVICE CHANGE; 10
6. ANY COMMUNITY LEADERS CONSULTED DURING THE 11
COMMUNITY OUTREACH P ROCESS; AND 12
7. IN ACCORDANCE WITH § 2–1257 OF THE STATE 13
GOVERNMENT ARTICLE: 14
A. THE PRESIDENT OF THE SENATE; 15
B. THE SPEAKER OF THE HOUSE; 16
C. THE SENATE FINANCE COMMITTEE; AND 17
D. THE HOUSE ENVIRONMENT AND TRANSPORTATION 18
COMMITTEE. 19
SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 20
effect July 1, 2023. 21
SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section 22
3 of this Act, this Act shall take effect October 1, 2022. 23