LAWRENCE J. HOGAN, JR., Governor Ch. 416
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Chapter 416
(Senate Bill 838)
AN ACT concerning
Transportation – Elderly and Handicapped Transportation Service – County
Funding
FOR the purpose of requiring the Secretary of Transportation to identify separately within
the Department of Transportation’s annual budget at least a certain amount of
funding in a certain fiscal year and all subsequent fiscal years to be used for county
elderly and handicapped transportation service; and generally relating to county
funding for elderly and handicapped transportation service.
BY repealing and reenacting, without amendments,
Article – Transportation
Section 2–103.3(a), (c), (d), and (e)
Annotated Code of Maryland
(2020 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, with amendments,
Article – Transportation
Section 2–103.3(b) and (h)
Annotated Code of Maryland
(2020 Replacement Volume and 2021 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Transportation
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.
Ch. 416 2022 LAWS OF MARYLAND
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(b) (1) (I) [The] SUBJECT TO SUBPARAGRA PHS (II) THROUGH (IV) OF
THIS PARAGRAPH , THE Secretary shall identify separately within the Department’s
annual budget an amount [that the Secretary deems necessary] to be used for elderly and
handicapped transportation service in each county.
(II) FOR FISCAL YEAR 2024, THE SECRETARY SHALL IDENT IFY
SEPARATELY WITHIN TH E DEPARTMENT ’S ANNUAL BUDGET AT L EAST $4,305,908
TO BE USED FOR ELDER LY AND HANDICAPPED T RANSPORTATION SERVIC E.
(III) FOR FISCAL YEAR 2025 AND EACH FISCAL YEAR
THEREAFTER , THE SECRETARY SHALL IDENT IFY SEPARATELY WITHI N THE
DEPARTMENT ’S ANNUAL BUDGET AN A MOUNT FOR ELDERLY AN D HANDICAPPED
TRANSPORTATION SERVI CE THAT IS EQUAL TO AT LEAST THE AMOUNT IN THE
IMMEDIATELY PRECE DING FISCAL YEAR ADJ USTED FOR INFLATION IN
ACCORDANCE WITH SUBP ARAGRAPH (IV) OF THIS PARAGRAPH .
(IV) 1. THE INFLATION ADJUSTM ENT SHALL EQUAL THE
PRODUCT OF MULTIPLYI NG THE AMOUNT OF FUN DING IN THE IMMEDIAT ELY
PRECEDING FISCAL YEA R BY THE PERCENTAGE INCREASE IN THE CONSUMER PRICE
INDEX FOR ALL URBAN CONSUMERS.
2. THE PERCENTAGE INCREA SE IN THE CONSUMER
PRICE INDEX FOR ALL URBAN CONSUMERS SHALL BE DE TERMINED BY COMPARIN G
THE AVERAGE OF THE I NDEX FOR THE 12 MONTHS ENDING ON THE NOVEMBER 30
IMMEDIATEL Y PRECEDING THE FISC AL YEAR FOR WHICH TH E FUNDING AMOUNT IS
BEING CALCULATED TO THE AVERAGE OF THE I NDEX 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 FUNDIN G
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.
LAWRENCE J. HOGAN, JR., Governor Ch. 416
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(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.
(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 O F FUNDING DISTRIBUTE D TO Ch. 416 2022 LAWS OF MARYLAND
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EACH COUNTY AND MUNI CIPALITY UNDER THIS SECTION DURING THE P RIOR FISCAL
YEAR.
(II) THE REPORT UNDER SUBP ARAGRAPH (I) OF THIS
PARAGRAPH SHALL INCL UDE AN ESTIMATE OF :
1. THE NUMBER OF INDIVID UALS RECEIVING
TRANSPORTATION SER VICES SUPPORTED BY T HE DISTRIBUTIONS UND ER THIS
SECTION DURING THE P RIOR FISCAL YEAR ;
2. THE NUMBER OF INDIVID UAL TRIPS PROVIDED T O
INDIVIDUALS SUPPORTE D BY THE DISTRIBUTIO NS UNDER THIS SECTIO N DURING
THE PRIOR FISCAL YEA R; AND
3. THE NUMBER OF INDIVIDUAL TRIPS REQ UIRED BY
ELDERLY AND HANDICAP PED PERSONS IN THE STATE FOR THE PRIOR F ISCAL YEAR
AND THE NEXT FISCAL YEAR.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2022.
Approved by the Governor, May 16, 2022.