EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0023*
SENATE BILL 23
R2 2lr1338
(PRE–FILED) CF HB 141
By: Senator Carter
Requested: November 1, 2021
Introduced and read first time: January 12, 2022
Assigned to: Finance
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 13, 2022
CHAPTER ______
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; requiring the 12
Department, in collaboration with the Administration, to conduct certain analyses 13
and consult with certain communities before announcing any reduction or 14
cancellation of a capital expansion project in the construction program of the 15
Consolidated Transportation Program; requiring the Administration to compile a 16
report on the impacts of a proposed reduction or cancellation of a capital expansion 17
project in the construction program of the Consolidated Transportation Program; 18
and generally relating to equity in transportation. 19
BY repealing and reenacting, with amendments, 20
Article – Transportation 21
Section 2–103.1(d), (h), and (j) and 7–101 22
Annotated Code of Maryland 23 2 SENATE BILL 23
(2020 Replacement Volume and 2021 Supplement) 1
BY repealing and reenacting, without amendments, 2
Article – Transportation 3
Section 2–103.1(g) and (i) 4
Annotated Code of Maryland 5
(2020 Replacement Volume and 2021 Supplement) 6
BY adding to 7
Article – Transportation 8
Section 7–714 and 7–715 through 7–716 9
Annotated Code of Maryland 10
(2020 Replacement Volume and 2021 Supplement) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – Transportation 14
2–103.1. 15
(d) (1) The Maryland Transportation Plan shall: 16
[(1)] (I) Except as otherwise provided, be revised every 5 years through 17
an inclusive public participation process; 18
[(2)] (II) Include a 20–year forecast of State transportation needs, based 19
on the financial resources anticipated to be available to the Department during that 20
20–year period; 21
[(3)] (III) Be expressed in terms of the State transportation goals and 22
measures; and 23
[(4)] (IV) Include a summary of the types of projects and programs that are 24
proposed to accomplish the State transportation goals and measures, using a multi–modal 25
approach when feasible. 26
(2) BEGINNING WITH THE 2045 MARYLAND TRANSPORTATION PLAN, 27
THE DEPARTMENT SHALL CONS IDER WAYS TO ACHIEVE EQUITY IN THE 28
TRANSPORTATION SECTO R WHEN DEVELOPI NG THE STATE TRANSPORTATION 29
GOALS. 30
(g) Beginning with the year 2002 State Report on Transportation and continuing 31
thereafter, before the General Assembly considers the proposed Maryland Transportation 32
Plan and the proposed Consolidated Transportation Program, the Department shall submit 33
an annual report on the attainment of State transportation goals and benchmarks for the 34 SENATE BILL 23 3
approved and proposed Maryland Transportation Plan and the approved and proposed 1
Consolidated Transportation Program to the Governor and, subject to § 2–1257 of the State 2
Government Article, to the General Assembly. 3
(h) (1) The report required under subsection (g) of this section shall include: 4
(i) The establishment of certain measurable performance indicators 5
or benchmarks, in priority funding areas at a minimum, designed to quantify the State 6
transportation goals and measures specified in the Maryland Transportation Plan and § 7
2–103.7 of this subtitle; and 8
(ii) The degree to which the projects and programs contained in the 9
approved Maryland Transportation Plan and Consolidated Transportation Program attain 10
those goals and benchmarks as measured by the performance indicators or benchmarks. 11
(2) The Department shall include in its report measurable long–term goals, 12
and intermediate benchmarks of progress toward the attainment of the long–term goals, 13
for the following measurable transportation indicators: 14
(i) An increase in the share of total person trips for each of transit, 15
high occupancy auto, pedestrian, and bicycle modes of travel; 16
(ii) A decrease in indicators of traffic congestion as determined by 17
the Department; and 18
(iii) Any other performance goals established by the Department for 19
reducing automobile traffic and increasing the use of nonautomobile traffic. 20
(3) (I) BEGINNING WITH THE 2023 2024 ATTAINMENT REPORT ON 21
TRANSPORTATION SYSTE M PERFORMANCE , THE ADVISORY COMMITT EE ADVISING 22
THE DEPARTMENT ON STATE TRANSPORTATION GOALS, BENCHMARKS , AND 23
INDICATORS SHALL CONSULT WITH THE COMMISSION ON TRANSPORTATION 24
EQUITY TO RECOMMEND MEASURABLE TRANSPORTATION INDIC ATORS THAT CAN 25
BE EVALUATED FOR : 26
1. RACIAL AND ETHNIC DIS PARITIES; AND 27
2. IMPACTS TO THE EXTENT DATA IS AVAILABLE, 28
IMPACTS ON PERSONS WITH DISA BILITIES. 29
(II) THE DEPARTMENT SHALL EVAL UATE THE INDICATORS 30
UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH TO IDENTIFY ANY: 31
1. RACIAL AND ETHNIC DIS PARITIES; AND 32
4 SENATE BILL 23
2. IMPACTS TO THE EXTENT DATA IS AVAILABLE, 1
IMPACTS ON PERSONS WITH DISA BILITIES. 2
[(3)] (4) The performance indicators or benchmarks described in this 3
subsection shall acknowledge the difference between urban and rural transportation needs. 4
(i) The Smart Growth Subcabinet, established under Title 9, Subtitle 14 of the 5
State Government Article, shall conduct an annual review of the State transportation goals, 6
benchmarks, and indicators. 7
(j) (1) An advisory committee shall be assembled to advise the Department on 8
the State transportation goals, benchmarks, and indicators under subsection (h) of this 9
section. 10
(2) Membership of the advisory committee shall include but is not limited 11
to the following members appointed by the Governor: 12
(i) A representative of the Maryland business community; 13
(ii) A representative of the disabled citizens community; 14
(iii) A representative of rural interests; 15
(iv) A representative of an auto users group; 16
(v) A representative of a transit users group; 17
(vi) A representative of the goods movement industry; 18
(vii) A nationally recognized expert on transportation demand 19
management; 20
(viii) A nationally recognized expert on pedestrian and bicycle 21
transportation; 22
(ix) A nationally recognized expert on transportation performance 23
measurement; 24
(x) A representative of an environmental advocacy organization; 25
(xi) A representative from the Maryland Department of Planning; 26
(xii) A representative of the Maryland Association of Counties; [and] 27
(xiii) A representative of the Maryland Municipal League; 28
SENATE BILL 23 5
(XIV) A REPRESENTATIVE OF TH E MARYLAND STATE 1
CONFERENCE OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF 2
COLORED PEOPLE; AND 3
(XV) A REPRESENTATIVE OF A TRANSPORTATION LABOR 4
ORGANIZATION , DESIGNATED BY THE MARYLAND STATE AND DISTRICT OF 5
COLUMBIA AFL–CIO. 6
(3) The Governor shall appoint the chairman of the advisory committee. 7
(4) The advisory committee shall meet at least four times during the 8
process of developing the Maryland Transportation Plan to provide advice to the 9
Department on meeting the requirements of this subsection. 10
(5) The Department and the advisory committee shall consider the 11
following: 12
(i) Transportation and population trends and their impact on the 13
State’s transportation system and priority funding areas; 14
(ii) Past and present State funding devoted to the various 15
transportation modes and demand management; 16
(iii) The full range of unmet transportation needs in priority funding 17
areas; 18
(iv) The full range of transportation measures and facilities 19
available, and their role, effectiveness, and cost effectiveness in providing travel choices 20
and reducing congestion; 21
(v) A review of transportation performance indicators and their use 22
in other states; 23
(vi) A review of the coordination of State transportation investments 24
with local growth plans for priority funding areas; 25
(vii) The types of investments needed and their levels of funding for 26
supporting the State transportation goals and measures established under § 2–103.7 of this 27
subtitle; 28
(viii) The impact of transportation investment on: 29
1. The environment; 30
2. Environmental justice as defined in § 1–701 of the 31
Environment Article; 32 6 SENATE BILL 23
3. Communities; [and] 1
4. Economic development; [and] 2
5. RACIAL EQUITY; AND 3
6. PERSONS TO THE EXTENT DATA IS AVAILABLE, 4
PERSONS WITH DISABILITIES, INCLUDING SERVICE ACCESSIBILITY; AND 5
(ix) The Climate Action Plan goals required by the Greenhouse Gas 6
Emissions Reduction Act of 2009 under § 2–1205(b) of the Environment Article. 7
7–101. 8
(a) In this title the following words have the meanings indicated. 9
(b) “Administration” means the Maryland Transit Administration. 10
(c) “Administrator” means the Maryland Transit Administrator. 11
(D) “DISPARATE IMPACT ” MEANS A FACIALLY NEU TRAL POLICY OR 12
PRACTICE THAT DISPRO PORTIONATELY AFFECTS MEMBERS OF A GROUP 13
IDENTIFIED B Y RACE, COLOR, OR NATIONAL ORIGIN , WHERE THE RECIPIENT ’S 14
POLICY OR PRACTICE L ACKS A SUBSTANTIAL L EGITIMATE JUSTIFICAT ION AND 15
WHERE THERE EXIST ON E OR MORE ALTERNATIV ES THAT WOULD SERVE THE SAME 16
LEGITIMATE OBJECTIVE S BUT WITH LESS DISP ROPORTIONATE EFFECT ON THE 17
BASIS OF RACE, COLOR, OR NATIONAL ORIGIN . 18
(E) “DISPROPORTIONATE BURD EN” MEANS A FACIALLY NEU TRAL POLICY 19
OR PRACTICE THAT DIS PROPORTIONATELY AFFE CTS LOW–INCOME POPULATIONS 20
MORE THAN NON –LOW–INCOME POPULATIONS A ND, ON A FINDING OF 21
DISPROPORTIONATE BU RDEN, REQUIRES THE RECIPIE NT TO EVALUATE 22
ALTERNATIVES AND MIT IGATE BURDENS WHERE PRACTICABLE . 23
[(d)] (F) “District” means: 24
(1) The Metropolitan Transit District, consisting of Baltimore City, 25
Baltimore County, Anne Arundel County, and other areas as designated by the Secretary 26
after consultation and coordination with the affected jurisdiction and subject to the 27
provisions of the Washington Metropolitan Transit Authority Compact; and 28
(2) Any area in which railroad service is performed under contract with the 29
Administration or in which railroad facilities are owned by the Administration. 30
SENATE BILL 23 7
[(e)] (G) “Excursion train” means any special event train sponsored or 1
contracted for in connection with the promotion of a public event benefiting the State and 2
its citizens. 3
[(f)] (H) “Light rail transit” means rail transit which is electrically powered and 4
can operate in mixed traffic with automobiles. 5
[(g)] (I) “Private carrier” means any person that renders transit service within 6
the District under an operating permit or license issued by an agency of this State 7
exercising regulatory jurisdiction over transportation of passengers within this State and 8
over persons engaged in that business. 9
[(h)] (J) “Proof of fare payment” means evidence of fare prepayment authorized 10
by the Administration for the use of transit service. 11
[(i)] (K) “Railroad company” means any entity engaged in the providing of 12
railroad service under this title. 13
[(j)] (L) (1) “Railroad facility” means any facility used in providing railroad 14
services, and includes any one or more or combination of: 15
(i) Switches, spurs, tracks, structures, terminals, yards, real 16
property, and other facilities useful or designed for use in connection with the 17
transportation of persons or goods by rail; and 18
(ii) All other appurtenances, including locomotives, cars, vehicles, 19
and other instrumentalities of shipment or carriage, useful or designed for use in 20
connection with the transportation of persons or goods by rail. 21
(2) “Railroad facility” does not include any transit facility. 22
[(k)] (M) “Railroad service” means any service utilizing rail or railroad facilities 23
performed by any common carrier operating under the jurisdiction of the State or federal 24
government as a common carrier and includes any such service performed by the National 25
Railroad Passenger Corporation. 26
[(l)] (N) “Transit facility” includes any one or more or combination of tracks, 27
rights–of–way, bridges, tunnels, subways, rolling stock, stations, terminals, ports, parking 28
areas, equipment, fixtures, buildings, structures, other real or personal property, and 29
services incidental to or useful or designed for use in connection with the rendering of 30
transit service by any means, including rail, bus, motor vehicle, or other mode of 31
transportation, but does not include any railroad facility. 32
[(m)] (O) “Transit–oriented development” means a mix of private or public 33
parking facilities, commercial and residential structures, and uses, improvements, and 34
facilities customarily appurtenant to such facilities and uses, that: 35 8 SENATE BILL 23
(1) Is part of a deliberate development plan or strategy involving: 1
(i) Property that is adjacent to the passenger boarding and alighting 2
location of a planned or existing transit station; or 3
(ii) Property, any part of which is located within one–half mile of the 4
passenger boarding and alighting location of a planned or existing transit station; 5
(2) Is planned to maximize the use of transit, walking, and bicycling by 6
residents and employees; and 7
(3) Is designated as a transit–oriented development by: 8
(i) The Secretary, after considering a recommendation of the Smart 9
Growth Subcabinet established under § 9–1406 of the State Government Article; and 10
(ii) The local government or multicounty agency with land use and 11
planning responsibility for the relevant area. 12
[(n)] (P) (1) “Transit service” means the transportation of persons and their 13
packages and baggage and of newspapers, express, and mail in regular route, special, or 14
charter service by means of transit facilities between points within the District. 15
(2) “Transit service” does not include any: 16
(i) Vanpool operation; or 17
(ii) Railroad service. 18
[(o)] (Q) (1) “Transit station” means any facility, the primary function of 19
which relates to the boarding and alighting of passengers from transit vehicles. 20
(2) “Transit station” includes platforms, shelters, passenger waiting 21
facilities, parking areas, access roadways, and other real property used to facilitate 22
passenger access to transit service or railroad service. 23
[(p)] (R) “Transit vehicle” means a mobile device used in rendering transit 24
service. 25
7–714. 26
(A) IN THIS SECTION , “COMMISSION” MEANS THE COMMISSION ON 27
TRANSPORTATION EQUITY. 28
(B) THERE IS A COMMISSION ON TRANSPORTATION EQUITY. 29 SENATE BILL 23 9
(C) THE COMMISSION CONSISTS O F THE FOLLOWING MEMB ERS: 1
(1) THE SECRETARY OF TRANSPORTATION , OR THE SECRETARY’S 2
DESIGNEE, AS AN EX OFFICIO MEM BER; 3
(2) THREE MEMBERS APPOINT ED BY THE GOVERNOR; 4
(3) TWO MEMBERS APPOINTED BY THE PRESIDENT OF THE SENATE; 5
(4) TWO MEMBERS APPOINTED BY THE SPEAKER OF THE HOUSE; 6
(5) ONE REPRESENTATIVE OF A TRANSPORTATION LAB OR 7
ORGANIZATION , DESIGNATED BY THE MARYLAND STATE AND DISTRICT OF 8
COLUMBIA AFL–CIO; AND 9
(6) THE FOLLOWING MEMBERS , APPOINTED JOINTLY BY THE 10
PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE: 11
(I) ONE REPRESENTATIVE OF THE MARYLAND STATE 12
CONFERENCE OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF 13
COLORED PEOPLE; 14
(II) ONE REPRESENTATIVE OF DISABILITY RIGHTS MARYLAND; 15
(III) ONE REPRESENTATIVE OF CASA DE MARYLAND; 16
(IV) ONE REPRESENTATIVE OF THE BALTIMORE TRANSIT 17
EQUITY COALITION; 18
(V) TWO HIGH SCHOOL STUDE NTS, AT LEAST ONE OF WHOM 19
MUST BE A TRANSIT RI DER RESIDING IN BALTIMORE CITY; AND 20
(VI) A REPRESENTATIVE OF TH E JOHNS HOPKINS BLOOMBERG 21
SCHOOL OF PUBLIC HEALTH. 22
(D) (1) EACH APPOINTING OFFIC IAL SHALL CONSIDER T HE EXPERTISE 23
OF THE OTHER MEMBERS APPOINTED TO THE COMMISSION AND ATTEMP T TO MAKE 24
APPOINTMENTS THAT REFLECT A DIVER SITY OF EXPERTISE . 25
(2) THE COMMISSION SHALL REFL ECT THE CULTURAL , ETHNIC, AND 26
GEOGRAPHIC DIVERSITY OF THE STATE. 27
(E) (1) THE COMMISSION SHALL ELEC T A CHAIR AND VICE C HAIR FROM 28
AMONG ITS MEMBERS . 29 10 SENATE BILL 23
(2) THE COMMISSION: 1
(I) SHALL HOLD REGULAR QU ARTERLY MEETINGS ; AND 2
(II) MAY CONVENE A SPECIAL MEETING IF NECESSARY . 3
(F) (1) SEVEN MEMBERS OF THE COMMISSION SHALL CONS TITUTE A 4
QUORUM. 5
(2) ALL ACTIONS OF THE COMMISSION SHALL REQU IRE THE 6
AFFIRMATIVE VOTE OF AT LEAST SEVEN MEMBERS. 7
(G) A MEMBER OF THE COMMISSION MAY NOT RE CEIVE COMPENSATION A S 8
A MEMBER OF THE COMMISSION, BUT IS ENTITLED TO : 9
(1) A PER DIEM RATE AS PRO VIDED IN THE STATE BUDGET FOR 10
ATTENDING SCHEDULED MEETINGS OF THE COMMISSION; AND 11
(2) REIMBURSEMENT FOR EXPENSES UNDER T HE STANDARD STATE 12
TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET . 13
(H) THE DEPARTMENT SHALL PROV IDE STAFF FOR THE COMMISSION. 14
(I) THE COMMISSION SHALL : 15
(1) WORK WITH THE DEPARTMENT TO DEVELOP POLICIES AND 16
PERFORMANCE MEASU RES TO ENSURE THAT T HE STATE TRANSPORTATION SYSTEM 17
IS EQUITABLE; 18
(2) ADVISE THE DEPARTMENT ON HOW THE TRANSPORTATION 19
SYSTEM IN THE STATE CAN ADDRESS RAC IAL DISPARITIES IN E MPLOYMENT , 20
EDUCATION, ENVIRONMENT , HOUSING, AND HEALTH; 21
(3) ADVISE THE ADMINISTRATION ON METHODO LOGY FOR 22
EVALUATING THE CORRE LATION BETWEEN TRANS IT AND FACTORS SUCH AS 23
HEALTH, ENVIRONMENTAL JUSTIC E, SOCIOECONOMIC STATUS , AND DISABILITY 24
STATUS; 25
(4) CONSIDER AND RECOMMEN D HOW TO USE THE 26
“TRANSPORTATION EQUITY AND ENVIRONMENTAL HEALTH IN BALTIMORE CITY” 27
STUDY BY THE JOHNS HOPKINS BLOOMBERG SCHOOL OF PUBLIC HEALTH AND THE 28
BALTIMORE TRANSIT EQUITY COALITION AS A SOURCE OF TRANSIT EQUITY , 29 SENATE BILL 23 11
HEALTH, AND POLLUTANTS CONVE RGENCE ANALYSIS AND AS AN INSTRUMENT 1
LEADING TO IMPROVED STATEWIDE TRANSIT EQUITY ; 2
(5) (I) ADVISE THE ADMINISTRATION ON THE 3–YEAR TITLE VI 3
IMPLEMENTATION PROGRAM; AND 4
(II) IN ACCORDANCE WITH TH E FEDERAL TRANSIT 5
ADMINISTRATION ’S TITLE VI REQUIREMENTS AND GUIDELINES FOR FEDERAL 6
TRANSIT ADMINISTRATION RECIPIENTS, ADVISE THE ADMINISTRATION ON 7
DEVELOPING : 8
1. A MAJOR SERVICE CHANGE POLICY; 9
2. A DISPARATE IMPACT POL ICY; AND 10
3. A DISPROPORTIONATE BUR DEN POLICY; 11
(6) ADVISE THE THE ADMINISTRATION ON: SHALL DEVELOP 12
(I) TRANSIT TRANSIT EQUITY ANALYSIS POLI CIES AND 13
GUIDELINES, INCLUDING THRESHOLDS FOR WHEN A CHANGE TO SERVICE OR A 14
REDUCTION OR CANCELL ATION OF A CAPITAL EXPANSION PROJECT IN THE 15
CONSTRUCTION PROGRAM OF THE CONSOLIDATED TRANSPORTATION PROGRAM 16
REQUIRES ANALYSIS ; AND. 17
(II) POLICIES AND GUIDELIN ES THAT INCLUDE METH ODS FOR 18
INTERMODAL ANALYSIS TO ENSURE THAT A CHA NGE DOES NOT 19
DISPROPORTIONATELY I MPACT MODES WITH MAJ ORITY–MINORITY RIDERSHIP ; 20
(7) ADVISE AND ASSIST THE DEPARTMENT AND THE 21
ADMINISTRATION WITH C OMMUNITY OUTREACH TO MINORITY COMMUNIT IES, 22
LOW–INCOME COMMUNITIES , DISABLED RIDERS , AND RIDERS WITH LIMI TED 23
ENGLISH PROFICIENCY ; AND 24
(8) (I) HOLD AT LEAST ONE TOW N HALL MEETING ANNUA LLY TO 25
SOLICIT INPUT FROM T HE PUBLIC ON ISSUES OF TRANSPORTATION EQ UITY; 26
(II) ALLOW THE PUBLIC TO TES TIFY AT TOWN HALL ME ETINGS 27
IN PERSON OR THROUGH ELECTRONIC MEANS ; AND 28
(III) TO THE EXTENT POSSIBL E, HOLD TOWN HALL MEETI NGS IN 29
VARIOUS REGIONS OF T HE STATE. 30
12 SENATE BILL 23
(J) (1) THE COMMISSION SHALL PROD UCE AN ANNUAL REPORT THAT 1
INCLUDES: 2
(I) ACTIVITIES OF THE COMMISSION; 3
(II) THE DEPARTMENT ’S PROGRESS ON ENSURI NG EQUITABLE 4
TRANSPORTATION SYSTE MS; 5
(III) RECOMMENDATIONS FOR T HE DEPARTMENT TO IMPROVE 6
EQUITY; AND 7
(IV) AN ANALYSIS OF THE TE STIMONY RECEIVED FRO M THE 8
PUBLIC DURING ANY TOWN HALL MEETINGS HELD BY THE COMMISSION DURING THE 9
PREVIOUS CALENDAR YE AR. 10
(2) THE REPORT SHALL BE : 11
(I) POSTED ON THE DEPARTMENT ’S WEBSITE; AND 12
(II) MADE AVAILABLE TO THE PUBLIC ON REQUEST . 13
(K) ON OR BEFORE OCTOBER 1, 2022, AND EACH OCTOBER 1 THEREAFTER , 14
THE COMMISSION SHALL SUBM IT THE ANNUAL REPORT REQUIRED UNDER 15
SUBSECTION (J) OF THIS SECTION TO : 16
(1) THE MEMBERS OF THE BOARD OF PUBLIC WORKS; 17
(2) THE ATTORNEY GENERAL; 18
(3) THE SECRETARY OF TRANSPORTATION ; AND 19
(4) IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 20
ARTICLE: 21
(I) THE PRESIDENT OF THE SENATE; 22
(II) THE SPEAKER OF THE HOUSE; 23
(III) THE SENATE FINANCE COMMITTEE; AND 24
(IV) THE HOUSE ENVIRONMENT AND TRANSPORTATION 25
COMMITTEE. 26
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 27
as follows: 28 SENATE BILL 23 13
Article – Transportation 1
7–715. 2
(A) BEFORE ANNOUNCING OR PROPOSING ANY SERVICE CHANGE T HAT 3
WOULD CONSTITUTE A M AJOR SERVICE CHANGE UNDER THE FEDERAL TRANSIT 4
ADMINISTRATION ’S TITLE VI REQUIREMENTS AND GUIDELINES FOR FEDERAL 5
TRANSIT ADMINISTRATION RECIPIENTS, OR ANY REDUCTION OR CANCELLATION OF 6
A CAPITAL PROJECT EX CEEDING THE THRESHOLDS DEVEL OPED BY THE 7
ADMINISTRATION IN COO RDINATION WITH THE COMMISSION ON TRANSPORTATION 8
EQUITY, THE DEPARTMENT , IN COLLABORATION WIT H THE ADMINISTRATION , 9
SHALL: 10
(1) CONDUCT A TRANSIT EQU ITY ANALYSIS IN ACCO RDANCE WITH 11
THE TITLE VI REQUIREMENTS AND GUIDELINES FOR FEDERAL TRANSIT 12
ADMINISTRATION RECIPIENTS AND THE GUIDELINES A DVISED BY THE COMMISSION 13
ON TRANSPORTATION EQUITY TO DETERMINE WHETHER THE CHANGE WILL 14
CREATE A DISPARATE I MPACT OR A DISPROPOR TIONATE BURDEN ; 15
(2) PERFORM A COST –BENEFIT ANALYSIS, INCLUDING AN ANALYSI S 16
OF IMPACTS ON: 17
(I) ECONOMIC DEVELOPMENT ; 18
(II) EMPLOYMENT ; 19
(III) EDUCATION; AND 20
(IV) HEALTH; AND 21
(V) ENVIRONMENTAL JUSTICE ; AND 22
(3) CONSULT WITH MEMBERS AND LEADERS OF AFFEC TED 23
COMMUNITIES , INCLUDING THROUGH CO MMUNITY OUTREACH TO : 24
(I) RACIAL MINORITY COMMU NITIES; 25
(II) LOW–INCOME COMMUNITIES ; 26
(III) DISABLED RIDERS ; 27
(IV) RIDERS WITH LIMITED ENGLISH PROFICIENCY ; AND 28
(V) TRANSIT–RELIANT RIDERS ; AND 29 14 SENATE BILL 23
(VI) SENIOR RIDERS. 1
(B) (1) IF, ACCORDING TO THE GUI DELINES ADVISED BY T HE 2
COMMISSION ON TRANSPORTATION EQUITY, A TRANSIT EQUITY ANA LYSIS REVEALS 3
DISPARATE IMPACT OR DISPROPORTIONATE BUR DEN, THE ADMINISTRATION 4
SHALL: 5
(I) DEVELOP ALTERNATIVES THAT WOULD MEET THE GOALS 6
OF THE PROPOSED SERV ICE CHANGE; AND 7
(II) CONDUCT A TRANSIT EQU ITY ANALYSIS ON THE 8
ALTERNAT IVES. 9
(2) IF A DISPARATE IMPACT CAN BE AVOIDED THROU GH USE OF ONE 10
OF THE ALTERNATIVES ANALYZED, THE ADMINISTRATION SHALL PROCEED WITH 11
THAT ALTERNATIVE AS THE PRIMARY PROPOSED SERVICE CHANGE . 12
(3) IF THERE IS NO ALTERN ATIVE THAT WOULD AVO ID A DISPARATE 13
IMPACT OR DISPROPORT IONATE BURDEN , THE ADMINISTRATION : 14
(I) MAY NOT IMPLEMENT THE PROPOSED SERVICE CHA NGE 15
UNLESS A SUBSTANTIAL JUSTIFICATION EXISTS THAT NECESSITATES TH E CHANGE; 16
AND 17
(II) SHALL IMPLEMENT THE A LTERNATIVE THAT CAUS ES THE 18
LEAST DISPARATE IMPACT OR DISP ROPORTIONATE BURDEN . 19
(C) BEFORE HOLDING A PUBL IC HEARING ON A PROP OSED SERVICE 20
CHANGE, THE ADMINISTRATION SHALL : PUBLISH ON THE ADMINISTRATION ’S 21
WEBSITE, FOR THE ROUTES OR LI NES IMPACTED BY THE SERVICE CHANGE , AN 22
EVALUATION ON THE DEMOGRAPHICS OF : 23
(1) THE RIDERS OF THE ROU TES OR LINES; AND 24
(2) THE SERVICE AREA . 25
(I) PUBLISH THE TRANSPORTATION EQUITY ANALYSIS AND 26
COST–BENEFIT ANALYSIS ON THE ADMINISTRATION ’S WEBSITE; AND 27
(II) PROVIDE A COPY TO THE COMMISSION ON TRANSPORTATION 28
EQUITY. 29
SENATE BILL 23 15
(D) (1) AFTER COMPLETING THE PUBLIC HEARINGS , THE 1
ADMINISTRATION SHALL COMPILE: 2
(I) PUBLISH THE TRANSPORTATION EQUITY ANALYSIS AND 3
COST–BENEFIT ANALYSIS ON THE ADMINISTRATION ’S WEBSITE; AND 4
(II) COMPILE A REPORT ON THE IMPA CTS OF THE PROPOSED 5
SERVICE CHANGE . 6
(2) THE REPORT SHALL INCL UDE: 7
(I) THE TRANSIT EQUITY AN ALYSIS; 8
(II) THE COST–BENEFIT ANALYSIS ; 9
(III) A COMMUNITY OUTREACH R EPORT; 10
(IV) ANY ALTERNATIVES ANAL YZED; AND 11
(V) IF APPLICABLE, THE FINAL ALTERNATIV E SELECTED. 12
(3) IF A DISPARATE IMPACT OR DISPROPORTIONATE BURDEN EXISTS 13
IN THE FINAL ALTERNA TIVE SELECTED , THE REPORT SHALL INC LUDE A 14
SUBSTANTIAL JUSTIFIC ATION STATEMENT . 15
(4) THE REPORT SHALL BE : 16
(I) MADE AVAI LABLE TO THE PUBLIC ON THE 17
ADMINISTRATION ’S WEBSITE, WITH A VISIBLE LINK FROM THE PRIMARY 18
INFORMATION PAGE REL ATING TO THE PROPOSE D SERVICE CHANGE ; AND 19
(II) DISTRIBUTED TO: 20
1. THE MEMBERS OF THE BOARD OF PUBLIC WORKS; 21
2. THE ATTORNEY GENERAL; 22
3. THE SECRETARY OF TRANSPORTATION ; 23
4. THE COMMISSION ON TRANSPORTATION EQUITY; 24
5. ANY ELECTED OFFICIALS WHOSE DISTRICTS WOUL D 25
BE IMPACTED BY THE P ROPOSED SERVICE CHAN GE; 26
16 SENATE BILL 23
6. 5. ANY COMMUNITY LEADERS CONSULTED DU RING THE 1
COMMUNITY OUTREACH P ROCESS; AND 2
7. 6. IN ACCORDANCE WITH § 2–1257 OF THE STATE 3
GOVERNMENT ARTICLE: 4
A. THE PRESIDENT OF THE SENATE; 5
B. THE SPEAKER OF THE HOUSE; 6
C. THE SENATE FINANCE COMMITTEE; AND 7
D. THE HOUSE ENVIRONMENT AND TRANSPORTATION 8
COMMITTEE. 9
7–716. 10
(A) BEFORE ANNOUNCING ANY REDUCTION OR CANCELL ATION OF A 11
CAPITAL EXPANSION PR OJECT IN THE CONSTRU CTION PROGRAM OF THE 12
CONSOLIDATED TRANSPORTATION PROGRAM THAT EXCEEDS THE THRESHOLDS 13
DEVELOPED B Y THE ADMINISTRATION , THE DEPARTMENT , IN COLLABORATION 14
WITH THE ADMINISTRATION , SHALL: 15
(1) CONDUCT A TRANSIT EQU ITY ANALYSIS IN ACCO RDANCE WITH 16
THE TITLE VI REQUIREMENTS AND GUIDELINES FOR FEDERAL TRANSIT 17
ADMINISTRATION RECIPIENTS AND THE GU IDELINES DEV ELOPED BY THE 18
ADMINISTRATION TO DET ERMINE WHETHER THE R EDUCTION OR CANCELLA TION 19
WILL CREATE A DISPAR ATE IMPACT OR A DISP ROPORTIONATE BURDEN ; 20
(2) PERFORM A COST –BENEFIT ANALYSIS , INCLUDING AN ANALYSI S 21
OF IMPACTS ON: 22
(I) ECONOMIC DEVELOPMENT ; 23
(II) EMPLOYMENT ; 24
(III) EDUCATION; AND 25
(IV) HEALTH; AND 26
(3) CONSULT WITH MEMBERS AND LEADERS OF AFFEC TED 27
COMMUNITIES , INCLUDING THROUGH CO MMUNITY OUTREACH TO : 28
(I) RACIAL MINORITY COMMU NITIES; 29
SENATE BILL 23 17
(II) LOW–INCOME COMMUNITIES ; 1
(III) DISABLED RIDERS; 2
(IV) RIDERS WITH LIMITED ENGLISH PROFICIENCY ; 3
(V) TRANSIT–RELIANT RIDERS ; AND 4
(VI) SENIOR RIDERS. 5
(B) (1) AFTER COMPLETING THE REQUIREMENTS UNDER S UBSECTION 6
(A) OF THIS SECTION , THE ADMINISTRATION SHALL COMPILE A REPORT ON THE 7
IMPACTS OF THE PROPOSED REDU CTION OR CANCELLATIO N OF A CAPITAL 8
EXPANSION PROJECT IN THE CONSTRUCTION PRO GRAM OF THE CONSOLIDATED 9
TRANSPORTATION PROGRAM. 10
(2) THE REPORT SHALL INCL UDE: 11
(I) THE TRANSIT EQUITY AN ALYSIS; 12
(II) THE COST–BENEFIT ANALYSIS ; AND 13
(III) A COMMUNITY OUTREACH R EPORT. 14
(3) THE REPORT SHALL BE : 15
(I) MADE AVAILABLE TO THE PUBLIC ON THE 16
ADMINISTRATION ’S WEBSITE, WITH A VISIBLE LINK FROM THE PRIMARY 17
INFORMATION PAGE REL ATING TO THE PROPOSE D REDUCTION OR CANCE LLATION; 18
AND 19
(II) DISTRIBUTED TO: 20
1. THE MEMBERS OF THE BOARD OF PUBLIC WORKS; 21
2. THE ATTORNEY GENERAL; 22
3. THE SECRETARY OF TRANSPORTATION ; 23
4. ANY ELECTED OFFICIALS WHOSE DISTRICTS WOUL D 24
BE IMPACTED BY THE P ROPOSED SERVICE CHAN GE; 25
5. ANY COMMUNITY LEADERS CONSULTED DU RING THE 26
COMMUNITY OUTREACH P ROCESS; AND 27
18 SENATE BILL 23
6. IN ACCORDANCE WITH § 2–1257 OF THE STATE 1
GOVERNMENT ARTICLE: 2
A. THE PRESIDENT OF THE SENATE; 3
B. THE SPEAKER OF THE HOUSE; 4
C. THE SENATE FINANCE COMMITTEE; AND 5
D. THE HOUSE ENVIRONMENT AND TRANSPORTATION 6
COMMITTEE. 7
SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 8
effect July 1, 2023. 9
SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section 10
3 of this Act, this Act shall take effect October 1, 2022. 11
Approved:
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Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.