EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1052*
HOUSE BILL 1052
R1, R2, M3 3lr2684
By: Delegate Ruth
Introduced and read first time: February 10, 2023
Assigned to: Appropriations
A BILL ENTITLED
AN ACT concerning 1
Transportation – Consolidated Transportation Program – Scoring 2
FOR the purpose of requiring that certain goals and measures used to score certain 3
transportation projects be within certain parameters; altering the goals and 4
measures of the Consolidated Transportation Program; requiring that certain 5
calculations used to score transportation projects be posted on the Department’s 6
website and the appendix of the Consolidated Transportation Program; establishing 7
the Workgroup on the Maryland Open Transportation Investment Decision Act; and 8
generally relating to the Consolidated Transportation Program and transportation 9
scoring. 10
BY repealing and reenacting, with amendments, 11
Article – Transportation 12
Section 2–103.7 13
Annotated Code of Maryland 14
(2020 Replacement Volume and 2022 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Transportation 18
2–103.7. 19
(a) (1) In this section the following words have the meanings indicated. 20
(2) “Major capital project” has the meaning stated in § 2–103.1 of this 21
subtitle. 22
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(3) (i) “Major transportation project” means a major capital project in 1
the State Highway Administration or the Maryland Transit Administration whose total 2
cost for all phases exceeds $5,000,000 and that: 3
1. Increases highway or transit capacity; 4
2. Reduces areas of heavy traffic congestion; 5
3. Improves commute times in areas of heavy traffic 6
congestion; 7
4. Improves transit stations or station areas; or 8
5. Improves highway capacity through the use of intelligent 9
transportation systems or congestion management systems. 10
(ii) “Major transportation project” does not include: 11
1. Projects in the Maryland Aviation Administration, the 12
Maryland Port Administration, or the Maryland Transportation Authority; 13
2. Maintenance and storage facilities projects; 14
3. Water quality improvement projects; 15
4. Projects related to Maryland’s priorities for total 16
maximum daily load development; 17
5. Safety–related projects that do not increase highway or 18
transit capacity; 19
6. Roads within the Appalachian Development Highway 20
System; or 21
7. Projects that are solely for system preservation. 22
(b) The Department shall: 23
(1) In accordance with federal transportation requirements, develop a 24
project–based scoring system for major transportation projects using the goals and 25
measures established under subsection (c) of this section; 26
(2) Develop the weighting metrics for each goal and measure established 27
under subsection (c) of this section, ENSURING THAT : 28
(I) NO GOAL RECEIVE S A WEIGHT THAT IS 5% HIGHER THAN 29
THE LOWEST WEIGHTED GOAL; AND 30 HOUSE BILL 1052 3
(II) NO MEASURE RECEIVE S A WEIGHT THAT IS 10% HIGHER 1
THAN THE LOWEST WEIG HTED MEASURE FOR THE SAME GOAL ; 2
(3) On or before January 1, [2018] 2024, develop a model consistent with 3
this section that uses the project–based scoring system developed under this subsection to 4
rank major transportation projects being considered for inclusion in the draft and final 5
Consolidated Transportation Program; 6
(4) Use the model developed under this subsection to rank major 7
transportation projects being considered for inclusion in the draft and final Consolidated 8
Transportation Program; and 9
(5) Make the model developed under item (3) of this subsection and any 10
ranking under item (4) of this subsection available to the public: 11
(i) As an appendix to the Consolidated Transportation Program; 12
and 13
(ii) On the Department’s website. 14
(c) (1) The State transportation goals are: 15
(i) Safety and security; 16
(ii) System preservation; 17
(iii) Reducing congestion and improving commute times; 18
(iv) Environmental stewardship AND CLIMATE CHANGE 19
MITIGATION; 20
(v) Community vitality; 21
(vi) Economic prosperity; 22
(vii) Equitable access to transportation AND ENVIRONMENTAL 23
JUSTICE; 24
(viii) Cost effectiveness and return on investment; 25
(IX) ADHERING TO S MART GROWTH DESIGN PRINCIPLES ; and 26
[(ix)] (X) Local priorities. 27
4 HOUSE BILL 1052
(2) In evaluating whether and to what extent a major transportation 1
project satisfies the goals established under paragraph (1) of this subsection, the 2
Department shall assign a score for each goal using the weighting metrics developed by the 3
Department under subsection (b)(2) of this section and the following measures: 4
(i) For safety and security: 5
1. The expected reduction in total fatalities and severe 6
injuries in all modes affected by the project; and 7
2. The extent to which the project implements the Maryland 8
State Highway Administration’s Complete Streets policies. 9
(ii) For system preservation: 10
1. The degree to which the project increases the lifespan of 11
the affected facility; 12
2. The degree to which the project increases the functionality 13
of the facility; and 14
3. The degree to which the project renders the facility more 15
resilient. 16
(iii) For reducing congestion and improving commute times: 17
1. [The expected change in cumulative job accessibility 18
within an approximately 60–minute commute for highway projects or transit projects; 19
2.] The degree to which the project has a positive impact on 20
travel time reliability [and congestion]; 21
2. THE DEGREE TO WHICH T HE PROJECT INCREASES 22
THE NUMBER OF PEOPLE PASSING THROUGH THE CORRIDOR ACROSS ALL MODES OF 23
TRANSPORTATION ; AND 24
3. The degree to which the project supports connections 25
between different modes of transportation and promotes multiple transportation choices. 26
(iv) For environmental stewardship AND CLIMATE CHANGE 27
MITIGATION: 28
1. The potential of the project to [limit or reduce harmful 29
emissions] IMPROVE AIR QUALITY ; 30
HOUSE BILL 1052 5
2. THE POTENTIAL OF THE PROJECT TO LIMIT OR 1
REDUCE GREENHOUSE GA S EMISSIONS; 2
[2.] 3. The degree to which the project avoids impacts on 3
State resources in the project area and adjacent areas; and 4
[3.] 4. The degree to which the project advances the State 5
environmental goals. 6
(v) For community vitality: 7
1. The degree to which the project is projected to increase the 8
use of walking, biking, and transit; 9
2. The degree to which the project enhances existing 10
community assets; and 11
3. The degree to which the project furthers the affected 12
community’s and State’s plans for revitalization. 13
(vi) For economic prosperity: 14
1. The projected increase in the cumulative job accessibility 15
within an approximately 60–minute commute for HIGHWAY OR TRANSIT projects; 16
2. The extent to which the project is projected to enhance 17
access to critical intermodal locations for the movement of goods and services; and 18
3. The projected increase in furthering nonspeculative local 19
and State economic development strategies in existing communities. 20
(vii) For equitable access to transportation AND ENVIRONMENTAL 21
JUSTICE: 22
1. The expected increase in job accessibility for 23
disadvantaged populations within an approximately 60–minute commute for projects; and 24
2. The projected POTENTIAL FOR economic development 25
[impact on], INCLUDING REDEVELOPM ENT, IN low–income communities; 26
3. THE POTENTIAL OF THE PROJECT TO IMPROVE A IR 27
QUALITY IN ENVIRONMENTAL JUSTIC E COMMUNITIES ; AND 28
4. THE POTENTIAL OF THE PROJECT TO IMPROVE 29
ACCESS TO TRANSPORTA TION FOR PERSONS WIT H DISABILITIES. 30
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(viii) For cost effectiveness and return on investment: 1
1. The estimated travel time savings divided by the project 2
cost; 3
2. The degree to which the project leverages additional 4
federal, State, local, and private sector transportation investment; and 5
3. The degree to which the project wil l increase 6
transportation alternatives and redundancy. 7
(ix) FOR ADHERING TO SMART GR OWTH DESIGN PRINCIPL ES: 8
1. THE POTENTIAL OF THE PROJECT TO ATTRACT 9
MIXED–USE DEVELOPMENT OR R EDEVELOPMENT ; AND 10
2. THE EXTENT TO WHICH THE P ROJECT EMBRACES 11
SMART GROWTH DESIGN . 12
(X) For local priorities, the degree to which the project supports local 13
government transportation priorities, as specified in local government priority letters. 14
(d) (1) The score of a major transportation project shall be based solely on the 15
goals and measures established under subsection (c) of this section. 16
(2) [The] SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , THE 17
Department shall make the scores of all projects evaluated for inclusion in the Consolidated 18
Transportation Program and assigned a score under the model available to the public: 19
(i) As an appendix to the Consolidated Transportation Program; 20
and 21
(ii) On the Department’s website. 22
(3) THE SCORES POSTED IN ACCORDANCE WITH PARA GRAPH (2)(II) 23
OF THIS SUBSECTION S HALL INCLUDE THE FUL L VALUES AND CALCULA TIONS USED 24
TO DETERMINE EACH PROJECT ’S SCORE. 25
(e) Nothing in this section may be construed to impede or alter: 26
(1) The priority letter process that outlines local transportation priorities 27
for the Department’s consideration for inclusion in the Consolidated Transportation 28
Program under § 2–103.1 of this subtitle; 29
(2) The Department’s visit to each county under § 2–103.1(e) of this 30
subtitle; or 31 HOUSE BILL 1052 7
(3) The inclusion of local transportation priorities in the Consolidated 1
Transportation Program. 2
SECTION 2. AND BE IT FURTHER ENACTED, That : 3
(a) There is a Workgroup on the Maryland Open Transportation Investment 4
Decision Act. 5
(b) The Workgroup shall consist of the following members: 6
(1) three members of the Senate, appointed by the President of the Senate; 7
(2) three members of the House, appointed by the Speaker of the House; 8
(3) three members appointed by the Governor; and 9
(4) the Secretary of Transportation, or the Secretary’s designee. 10
(c) The Secretary of Transportation shall designate the chair of the Workgroup. 11
(d) The Department of Transportation shall provide staff for the Workgroup. 12
(e) A member of the Workgroup: 13
(1) may not receive compensation as a member of the Workgroup; but 14
(2) is entitled to reimbursement for expenses under the Standard State 15
Travel Regulations, as provided in the State budget. 16
(f) The Workgroup shall: 17
(1) evaluate the model required under § 2–103.7(b) of the Transportation 18
Article, as enacted by Section 1 of this Act, and make recommendations on whether there 19
should be modifications to the model; 20
(2) evaluate how prioritizing major transportation projects with higher 21
scores for inclusion in the Consolidated Transportation Program over major transportation 22
projects with lower scores impacts the Program; 23
(3) evaluate other prioritization processes in the region and in other states, 24
including Virginia’s SmartScale Program, and the applicability of those processes in 25
Maryland; and 26
(4) make recommendations on what changes or improvements should be 27
made to the quantitative methods used by the Department of Transportation to calculate 28 8 HOUSE BILL 1052
scores for each of the measures listed in § 2–103.7(c)(2) of the Transportation Article, as 1
enacted by Section 1 of this Act. 2
(g) The Workgroup may evaluate and test alternative models for prioritizing 3
major transportation projects. 4
(h) In the process of conducting the evaluations under subsections (f) and (g) of 5
this section, the Workgroup shall solicit input from: 6
(1) local governments; 7
(2) transportation planning organizations; 8
(3) the Maryland Transit Administration; 9
(4) the Maryland Transportation Authority; and 10
(5) other interested parties, including nonprofit organizations and 11
institutions of higher education with transportation–related expertise. 12
(i) On or before September 1, 2025, the Workgroup shall report its findings and 13
recommendations, in accordance with § 2–1257 of the State Government Article, to the 14
General Assembly. 15
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 16
October 1, 2023. Section 2 of this Act shall remain effective for a period of 2 years and, at 17
the end of September 30, 2025, Section 2 of this Act, with no further action required by the 18
General Assembly, shall be abrogated and of no further force and effect. 19