Maryland 2023 2023 Regular Session

Maryland House Bill HB9 Engrossed / Bill

Filed 03/16/2023

                     
 
EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G 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. 
          *hb0009*  
  
HOUSE BILL 9 
R2   	3lr0393 
HB 141/22 – ENT 	(PRE–FILED) 	CF SB 19 
By: Delegates Ruth, Bagnall, Cardin, Chang, Charkoudian, Ebersole, Foley, 
Fraser–Hidalgo, Henson, Hill, Kerr, Lehman, Love, Patterson, Qi, Terrasa, 
and Watson 
Requested: September 13, 2022 
Introduced and read first time: January 11, 2023 
Assigned to: Environment and Transportation 
Committee Report: Favorable with amendments 
House action: Adopted 
Read second time: March 7, 2023 
 
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; requiring the 5 
Department of Transportation, in collaboration with the Maryland Transit 6 
Administration, to conduct certain analyses and consult with certain communities 7 
before announcing or proposing certain service changes; requiring the 8 
Administration to take certain actions to avoid or minimize certain disparate 9 
impacts or disproportionate burdens; requiring the Administration to compile a 10 
report on the impacts of a proposed service change after holding a public hearing on 11 
the proposed service change; requiring the Department, in collaboration with the 12 
Administration, to conduct certain analyses and consult with certain communities 13 
before announcing any reduction or cancellation of a capital expansion project in the 14 
construction program of the Consolidated Transportation Program; requiring the 15 
Administration to compile a report on the impacts of a proposed reduction or 16 
cancellation of a capital expansion project in the construction program of the 17 
Consolidated Transportation Program; and generally relating to equity in 18 
transportation. 19 
 
BY repealing and reenacting, with amendments, 20 
 Article – Transportation 21  2 	HOUSE BILL 9  
 
 
Section 2–103.1(d), (h), and (j) and 7–101 1 
 Annotated Code of Maryland 2 
 (2020 Replacement Volume and 2022 Supplement) 3 
 
BY repealing and reenacting, without amendments, 4 
 Article – Transportation 5 
Section 2–103.1(g) and (i) 6 
 Annotated Code of Maryland 7 
 (2020 Replacement Volume and 2022 Supplement) 8 
 
BY adding to 9 
 Article – Transportation 10 
Section 7–714 through 7–716 11 
 Annotated Code of Maryland 12 
 (2020 Replacement Volume and 2022 Supplement) 13 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14 
That the Laws of Maryland read as follows: 15 
 
Article – Transportation 16 
 
2–103.1. 17 
 
 (d) (1) The Maryland Transportation Plan shall: 18 
 
 [(1)] (I) Except as otherwise provided, be revised every 5 years through 19 
an inclusive public participation process; 20 
 
 [(2)] (II) Include a 20–year forecast of State transportation needs, based 21 
on the financial resources anticipated to be available to the Department during that  22 
20–year period; 23 
 
 [(3)] (III) Be expressed in terms of the State transportation goals and 24 
measures; and 25 
 
 [(4)] (IV) Include a summary of the types of projects and programs that are 26 
proposed to accomplish the State transportation goals and measures, using a multi–modal 27 
approach when feasible. 28 
 
 (2) BEGINNING WITH THE 2045 MARYLAND TRANSPORTATION PLAN, 29 
THE DEPARTMENT SHALL CONS IDER WAYS TO ACHIEVE EQUITY IN THE 30 
TRANSPORTATION SECTO R WHEN DEVELOPING TH E STATE TRANSPORTATION 31 
GOALS. 32 
 
 (g) Beginning with the year 2002 State Report on Transportation and continuing 33 
thereafter, before the General Assembly considers the proposed Maryland Transportation 34   	HOUSE BILL 9 	3 
 
 
Plan and the proposed Consolidated Transportation Program, the Department shall submit 1 
an annual report on the attainment of State transportation goals and benchmarks for the 2 
approved and proposed Maryland Transportation Plan and the approved and proposed 3 
Consolidated Transportation Program to the Governor and, subject to § 2–1257 of the State 4 
Government Article, to the General Assembly. 5 
 
 (h) (1) The report required under subsection (g) of this section shall include: 6 
 
 (i) The establishment of certain measurable performance indicators 7 
or benchmarks, in priority funding areas at a minimum, designed to quantify the State 8 
transportation goals and measures specified in the Maryland Transportation Plan and §  9 
2–103.7 of this subtitle; and 10 
 
 (ii) The degree to which the projects and programs contained in the 11 
approved Maryland Transportation Plan and Consolidated Transportation Program attain 12 
those goals and benchmarks as measured by the performance indicators or benchmarks. 13 
 
 (2) The Department shall include in its report measurable long–term goals, 14 
and intermediate benchmarks of progress toward the attainment of the long–term goals, 15 
for the following measurable transportation indicators: 16 
 
 (i) An increase in the share of total person trips for each of transit, 17 
high occupancy auto, pedestrian, and bicycle modes of travel; 18 
 
 (ii) A decrease in indicators of traffic congestion as determined by 19 
the Department; and 20 
 
 (iii) Any other performance goals established by the Department for 21 
reducing automobile traffic and increasing the use of nonautomobile traffic. 22 
 
 (3) (I) BEGINNING WITH THE 2024 ATTAINMENT REPORT ON 23 
TRANSPORTATION SYSTE M PERFOR MANCE, THE ADVISORY COMMITT EE ADVISING 24 
THE DEPARTMENT ON STATE TRANSPORTATION GOALS, BENCHMARKS , AND 25 
INDICATORS SHALL REC OMMEND MEASURABLE TR ANSPORTATION INDICAT ORS 26 
THAT CAN BE EVALUATE D FOR: 27 
 
 1. RACIAL AND ETHNIC DIS PARITIES; AND 28 
 
 2. TO THE EXTENT DATA IS AVAILABLE , IMPACTS ON 29 
PERSONS WITH DISABIL ITIES RACIAL, DISABILITY, ETHNIC, AND LOW–INCOME 30 
DISPARITIES BASED ON AVAILABLE SOURCES OR INFORMATION . 31 
 
 (II) THE DEPARTMENT SHALL EVAL UATE THE INDICATORS 32 
RECOMMENDED UNDER SU BPARAGRAPH (I) OF THIS PARAGRAPH TO IDENTIF Y ANY: 33 
 
 1. RACIAL AND ETHNIC DIS PARITIES; AND 34  4 	HOUSE BILL 9  
 
 
 
 2. TO THE EXTENT DATA IS AVAILABLE, IMPACTS ON 1 
PERSONS WITH DISABIL ITIES RACIAL, DISABILITY, ETHNIC, OR LOW–INCOME 2 
DISPARITIES. 3 
 
 [(3)] (4) The performance indicators or benchmarks described in this 4 
subsection shall acknowledge the difference between urban and rural transportation needs. 5 
 
 (i) The Smart Growth Subcabinet, established under Title 9, Subtitle 14 of the 6 
State Government Article, shall conduct an annual review of the State transportation goals, 7 
benchmarks, and indicators. 8 
 
 (j) (1) An advisory committee shall be assembled to advise the Department on 9 
the State transportation goals, benchmarks, and indicators under subsection (h) of this 10 
section. 11 
 
 (2) Membership of the advisory committee shall include but is not limited 12 
to the following members appointed by the Governor: 13 
 
 (i) A representative of the Maryland business community; 14 
 
 (ii) A representative of the disabled citizens community; 15 
 
 (iii) A representative of rural interests; 16 
 
 (iv) A representative of an auto users group; 17 
 
 (v) A representative of a transit users group; 18 
 
 (vi) A representative of the goods movement industry; 19 
 
 (vii) A nationally recognized expert on transportation demand 20 
management; 21 
 
 (viii) A nationally recognized expert on pedestrian and bicycle 22 
transportation; 23 
 
 (ix) A nationally recognized expert on transportation performance 24 
measurement; 25 
 
 (x) A representative of an environmental advocacy organization; 26 
 
 (xi) A representative from the Maryland Department of Planning; 27 
 
 (xii) A representative of the Maryland Association of Counties; [and] 28 
   	HOUSE BILL 9 	5 
 
 
 (xiii) A representative of the Maryland Municipal League; 1 
 
 (XIV) A REPRESENTATIVE OF TH E MARYLAND STATE 2 
CONFERENCE OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF 3 
COLORED PEOPLE; AND 4 
 
 (XV) A REPRESENTATIVE OF A TRANSPORTATION LABOR 5 
ORGANIZATION , DESIGNATED BY THE MARYLAND STATE AND DISTRICT OF 6 
COLUMBIA AFL–CIO; AND 7 
 
 (XVI) A REPRESENTATIVE OF TH	E TRANSPORTATION 8 
CONSTRUCTION INDUSTR Y. 9 
 
 (3) The Governor shall appoint the chairman of the advisory committee. 10 
 
 (4) The advisory committee shall meet at least four times during the 11 
process of developing the Maryland Transportation Plan to provide advice to the 12 
Department on meeting the requirements of this subsection. 13 
 
 (5) The Department and the advisory committee shall consider the 14 
following: 15 
 
 (i) Transportation and population trends and their impact on the 16 
State’s transportation system and priority funding areas; 17 
 
 (ii) Past and present State funding devoted to the various 18 
transportation modes and demand management; 19 
 
 (iii) The full range of unmet transportation needs in priority funding 20 
areas; 21 
 
 (iv) The full range of transportation measures and facilities 22 
available, and their role, effectiveness, and cost effectiveness in providing travel choices 23 
and reducing congestion; 24 
 
 (v) A review of transportation performance indicators and their use 25 
in other states; 26 
 
 (vi) A review of the coordination of State transportation investments 27 
with local growth plans for priority funding areas; 28 
 
 (vii) The types of investments needed and their levels of funding for 29 
supporting the State transportation goals and measures established under § 2–103.7 of this 30 
subtitle; 31 
 
 (viii) The impact of transportation investment on: 32  6 	HOUSE BILL 9  
 
 
 
 1. The environment; 1 
 
 2. Environmental justice as defined in § 1–701 of the 2 
Environment Article; 3 
 
 3. Communities; [and] 4 
 
 4. Economic development; [and] 5 
 
 5. RACIAL EQUITY; AND 6 
 
 6. TO THE EXTENT DATA IS AVAILABLE, PERSONS 7 
PERSONS WITH DISABILITIES, INCLUDING SERVICE AC CESSIBILITY; AND 8 
 
 (ix) The Climate Action Plan goals required by the Greenhouse Gas 9 
Emissions Reduction Act of 2009 under § 2–1205(b) of the Environment Article. 10 
 
7–101. 11 
 
 (a) In this title the following words have the meanings indicated. 12 
 
 (b) “Administration” means the Maryland Transit Administration. 13 
 
 (c) “Administrator” means the Maryland Transit Administrator. 14 
 
 (D) “DISPARATE IMPACT ” MEANS A FACIALLY NEU TRAL POLICY OR 15 
PRACTICE THAT DISPRO PORTIONATELY AFFECTS MEMBERS OF A GROUP 16 
IDENTIFIED BY RACE , COLOR, DISABILITY, OR NATIONAL ORIGIN , WHERE THE 17 
RECIPIENT’S POLICY OR PRACTICE LACKS A SUBSTANTIAL LEGITIMATE 18 
JUSTIFICATION AND WHERE THERE E XIST ONE OR MORE ALT ERNATIVES THAT 19 
WOULD SERVE THE SAME LEGITIMATE OBJECTIVE S BUT WITH LESS 20 
DISPROPORTIONATE EFF ECT ON THE BASIS OF RACE, COLOR, OR NATIONAL ORIGIN . 21 
 
 (E) “DISPROPORTIONATE BURD EN” MEANS A FACIALLY NEU TRAL POLICY 22 
OR PRACTICE THAT DISPROPORT IONATELY AFFECTS LOW –INCOME POPULATIONS 23 
MORE THAN NON –LOW–INCOME POPULATIONS A ND, ON A FINDING OF 24 
DISPROPORTIONATE BUR DEN, REQUIRES THE RECIPIE NT TO EVALUATE 25 
ALTERNATIVES AND MIT IGATE BURDENS WHERE PRACTICABLE . 26 
 
 [(d)] (F) “District” means: 27 
 
 (1) The Metropolitan Transit District, consisting of Baltimore City, 28 
Baltimore County, Anne Arundel County, and other areas as designated by the Secretary 29   	HOUSE BILL 9 	7 
 
 
after consultation and coordination with the affected jurisdiction and subject to the 1 
provisions of the Washington Metropolitan Transit Authority Compact; and 2 
 
 (2) Any area in which railroad service is performed under contract with the 3 
Administration or in which railroad facilities are owned by the Administration. 4 
 
 [(e)] (G) “Excursion train” means any special event train sponsored or 5 
contracted for in connection with the promotion of a public event benefiting the State and 6 
its citizens. 7 
 
 [(f)] (H) “Light rail transit” means rail transit which is electrically powered and 8 
can operate in mixed traffic with automobiles. 9 
 
 [(g)] (I) “Private carrier” means any person that renders transit service within 10 
the District under an operating permit or license issued by an agency of this State 11 
exercising regulatory jurisdiction over transportation of passengers within this State and 12 
over persons engaged in that business. 13 
 
 [(h)] (J) “Proof of fare payment” means evidence of fare prepayment authorized 14 
by the Administration for the use of transit service. 15 
 
 [(i)] (K) “Railroad company” means any entity engaged in the providing of 16 
railroad service under this title. 17 
 
 [(j)] (L) (1) “Railroad facility” means any facility used in providing railroad 18 
services, and includes any one or more or combination of: 19 
 
 (i) Switches, spurs, tracks, structures, terminals, yards, real 20 
property, and other facilities useful or designed for use in connection with the 21 
transportation of persons or goods by rail; and 22 
 
 (ii) All other appurtenances, including locomotives, cars, vehicles, 23 
and other instrumentalities of shipment or carriage, useful or designed for use in 24 
connection with the transportation of persons or goods by rail. 25 
 
 (2) “Railroad facility” does not include any transit facility. 26 
 
 [(k)] (M) “Railroad service” means any service utilizing rail or railroad facilities 27 
performed by any common carrier operating under the jurisdiction of the State or federal 28 
government as a common carrier and includes any such service performed by the National 29 
Railroad Passenger Corporation. 30 
 
 [(l)] (N) “Transit facility” includes any one or more or combination of tracks, 31 
rights–of–way, bridges, tunnels, subways, rolling stock, stations, terminals, ports, parking 32 
areas, equipment, fixtures, buildings, structures, other real or personal property, and 33 
services incidental to or useful or designed for use in connection with the rendering of 34  8 	HOUSE BILL 9  
 
 
transit service by any means, including rail, bus, motor vehicle, or other mode of 1 
transportation, but does not include any railroad facility. 2 
 
 [(m)] (O) “Transit–oriented development” means a mix of private or public 3 
parking facilities, commercial and residential structures, and uses, improvements, and 4 
facilities customarily appurtenant to such facilities and uses, that: 5 
 
 (1) Is part of a deliberate development plan or strategy involving: 6 
 
 (i) Property that is adjacent to the passenger boarding and alighting 7 
location of a planned or existing transit station; or 8 
 
 (ii) Property, any part of which is located within one–half mile of the 9 
passenger boarding and alighting location of a planned or existing transit station; 10 
 
 (2) Is planned to maximize the use of transit, walking, and bicycling by 11 
residents and employees; and 12 
 
 (3) Is designated as a transit–oriented development by: 13 
 
 (i) The Secretary, after considering a recommendation of the Smart 14 
Growth Subcabinet established under § 9–1406 of the State Government Article; and 15 
 
 (ii) The local government or multicounty agency with land use and 16 
planning responsibility for the relevant area. 17 
 
 [(n)] (P) (1) “Transit service” means the transportation of persons and their 18 
packages and baggage and of newspapers, express, and mail in regular route, special, or 19 
charter service by means of transit facilities between points within the District. 20 
 
 (2) “Transit service” does not include any: 21 
 
 (i) Vanpool operation; or 22 
 
 (ii) Railroad service. 23 
 
 [(o)] (Q) (1) “Transit station” means any facility, the primary function of 24 
which relates to the boarding and alighting of passengers from transit vehicles. 25 
 
 (2) “Transit station” includes platforms, shelters, passenger waiting 26 
facilities, parking areas, access roadways, and other real property used to facilitate 27 
passenger access to transit service or railroad service. 28 
 
 [(p)] (R) “Transit vehicle” means a mobile device used in rendering transit 29 
service. 30 
 
7–714. 31   	HOUSE BILL 9 	9 
 
 
 
 THE ADMINISTRATION SHALL DEVELOP TRANSIT EQUITY ANALYSIS POLI CIES 1 
AND GUIDELINES , INCLUDING THRESHOLDS FOR WHEN A REDUCTION OR 2 
CANCELLATION OF A CA PITAL EXPANSION PROJECT IN THE CONST RUCTION 3 
PROGRAM OF THE CONSOLIDATED TRANSPORTATION PROGRAM REQUIRES 4 
ANALYSIS. 5 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 6 
as follows: 7 
 
Article – Transportation 8 
 
7–715. 9 
 
 (A) BEFORE ANNOUNCING ANY SERVICE CHANGE THAT 	WOULD 10 
CONSTITUTE A MAJOR S ERVICE CHANGE UNDER THE FEDERAL TRANSIT 11 
ADMINISTRATION ’S TITLE VI REQUIREMENTS AND GUIDELINES FOR FEDERAL 12 
TRANSIT ADMINISTRATION RECIPIENTS, THE DEPARTMENT , IN COLLABORATION 13 
WITH THE ADMINISTRATION , SHALL: 14 
 
 (1) CONDUCT A TRANSIT EQU ITY ANALYSIS IN ACCO RDANCE WITH 15 
THE FEDERAL AMERICANS WITH DISABILITIES ACT AMENDMENTS ACT AND THE 16 
FEDERAL REHABILITATION ACT OF 1973 AS AMENDED TO DETERM INE WHETHER 17 
THE CHANGE WILL CREA TE A DISPARATE IMPAC T ON PERSONS WITH DI SABILITIES; 18 
 
 (2) CONDUCT A TRANSIT EQU ITY ANALYSIS IN ACCO RDANCE WITH 19 
THE TITLE VI REQUIREMENTS AND GUIDELINES FOR FEDERAL TRANSIT 20 
ADMINISTRATION RECIPIENTS TO DETERMI NE WHETHER THE CHANG E WILL 21 
CREATE A DISPARATE I MPACT OR A DISPROPOR TIONATE BURDEN ; 22 
 
 (2) (3) PERFORM A COST –BENEFIT ANALYSIS , INCLUDING AN 23 
ANALYSIS OF IMPACTS ON: 24 
 
 (I) ECONOMIC DEVELOPM ENT; 25 
 
 (II) EMPLOYMENT ; 26 
 
 (III) EDUCATION; 27 
 
 (IV) HEALTH; AND 28 
 
 (V) ENVIRONMENTAL JUSTICE ; AND 29 
 
 (3) (4) CONSULT WITH MEMBERS AND LEADERS OF AFFEC TED 30 
COMMUNITIES , INCLUDING THROUGH CO MMUNITY OUTREACH TO : 31  10 	HOUSE BILL 9  
 
 
 
 (I) RACIAL MINORITY COMMU NITIES; 1 
 
 (II) LOW–INCOME COMMUNITIES ; 2 
 
 (III) DISABLED RIDERS ; 3 
 
 (IV) RIDERS WITH LIMITED ENGLISH PROFICIENCY ; 4 
 
 (V) TRANSIT–RELIANT RIDERS ; AND 5 
 
 (VI) SENIOR RIDERS. 6 
 
 (B) (1) IF A TRANSIT EQUITY A NALYSIS REVEALS DISP ARATE IMPACT OR 7 
DISPROPORTIONATE BURDEN, THE ADMINISTRATION SHALL : 8 
 
 (I) DEVELOP ALTERNATIVES THAT WOULD MEET THE GOALS 9 
OF THE PROPOSED SERV ICE CHANGE; AND 10 
 
 (II) CONDUCT A TRANSIT EQU	ITY ANALYSIS ON THE 11 
ALTERNATIVES . 12 
 
 (2) IF A DISPARATE IMPACT CAN BE AVOIDED THROU GH USE OF ONE 13 
OF THE ALTERNATIVES ANA LYZED, THE ADMINISTRATION SHALL PROCEED WITH 14 
THAT ALTERNATIVE AS THE PRIMARY PROPOSED SERVICE CHANGE . 15 
 
 (3) IF THERE IS NO ALTERN ATIVE THAT WOULD AVO ID A DISPARATE 16 
IMPACT OR DISPROPORT IONATE BURDEN , THE ADMINISTRATION : 17 
 
 (I) MAY NOT IMPLEMENT THE PROPOS ED SERVICE CHANGE 18 
UNLESS A SUBSTANTIAL JUSTIFICATION EXISTS THAT NECESSITATES TH E CHANGE; 19 
AND 20 
 
 (II) SHALL IMPLEMENT THE A LTERNATIVE THAT CAUS ES THE 21 
LEAST DISPARATE IMPA CT OR DISPROPORTIONA TE BURDEN. 22 
 
 (C) BEFORE HOLDING A PUBL IC HEARING ON A PROPOSED SE RVICE 23 
CHANGE, THE ADMINISTRATION SHALL PUBLISH ON THE ADMINISTRATION ’S 24 
WEBSITE, FOR THE ROUTES OR LI NES IMPACTED BY THE SERVICE CHANGE , AN 25 
EVALUATION ON THE DE MOGRAPHICS OF : 26 
 
 (1) THE RIDERS OF THE ROU TES OR LINES; AND 27 
 
 (2) THE SERVICE AREA. 28 
   	HOUSE BILL 9 	11 
 
 
 (D) (1) AFTER COMPLETING THE 	PUBLIC HEARINGS , THE 1 
ADMINISTRATION SHALL : 2 
 
 (I) PUBLISH THE TRANSIT E	QUITY ANALYSIS AND 3 
COST–BENEFIT ANALYSIS ON THE ADMINISTRATION ’S WEBSITE; AND 4 
 
 (II) COMPILE A REPORT ON T HE IMPACTS OF THE PR OPOSED 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 AVAILABLE TO THE PUBLIC ON THE 17 
ADMINISTRATION ’S WEBSITE, WITH A VISIBLE LINK FRO M 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. ANY ELECTED OFFICIALS WHOS E DISTRICTS WOULD 24 
BE IMPACTED BY THE P ROPOSED SERVICE CHAN GE; 25 
 
 5. ANY COMMUNITY LEADERS CONSULTED DURING THE 26 
COMMUNITY OUTREACH P ROCESS; AND 27 
  12 	HOUSE BILL 9  
 
 
 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 
 
7–716. 8 
 
 (A) BEFORE ANNOUNCING ANY REDUCTION OR CANCELL ATION OF A 9 
CAPITAL EXPANSION PR OJECT IN THE CONSTRUCTION PROGRAM OF THE 10 
CONSOLIDATED TRANSPORTATION PROGRAM THAT EXCEEDS THE THRESHOLDS 11 
DEVELOPED BY THE ADMINISTRATION , THE DEPARTMENT , IN COLLABORATION 12 
WITH THE ADMINISTRATION , SHALL: 13 
 
 (1) CONDUCT A TRANSIT EQU ITY ANALYSIS IN ACCO RDANCE WITH 14 
THE FEDERAL AMERICANS WITH DISABILITIES ACT AMENDMENTS ACT AND THE 15 
FEDERAL REHABILITATION ACT OF 1973 AS AMENDED TO DETERM INE WHETHER 16 
THE CHANGE WILL CREA TE A DISPARATE IMPAC T ON PERSONS WITH DI SABILITIES; 17 
 
 (2) CONDUCT A TRANSIT EQU ITY ANALYSIS IN ACCO RDANCE W ITH 18 
THE TITLE VI REQUIREMENTS AND GUIDELINES FOR FEDERAL TRANSIT 19 
ADMINISTRATION RECIPIENTS AND THE GU IDELINES DEVELOPED B Y THE 20 
ADMINISTRATION TO DET ERMINE WHETHER THE R EDUCTION OR CANCELLA TION 21 
WILL CREATE A DISPAR ATE IMPACT OR A DISP ROPORTIONATE BURDEN ; 22 
 
 (2) (3) PERFORM A COST –BENEFIT ANALYSIS , INCLUDING AN 23 
ANALYSIS OF IMPACTS ON: 24 
 
 (I) ECONOMIC DEVELOPMENT ; 25 
 
 (II) EMPLOYMENT ; 26 
 
 (III) EDUCATION;  27 
 
 (IV) HEALTH; AND 28 
 
 (V) ENVIRONMENTAL JUSTICE; AND 29 
   	HOUSE BILL 9 	13 
 
 
 (3) (4) CONSULT WITH MEMBERS AND LEADERS OF AFFECTED 1 
COMMUNITIES , INCLUDING THROUGH CO MMUNITY OUTREACH TO : 2 
 
 (I) RACIAL MINORITY COMMU NITIES; 3 
 
 (II) LOW–INCOME COMMUNITIES ; 4 
 
 (III) DISABLED RIDERS ; 5 
 
 (IV) RIDERS WITH LIMITED ENGLISH PROFICIENCY ; 6 
 
 (V) TRANSIT–RELIANT RIDERS ; AND 7 
 
 (VI) SENIOR RIDERS. 8 
 
 (B) (1) AFTER COMPLETING THE REQUIREMENTS UNDER S UBSECTION 9 
(A) OF THIS SECTION , THE ADMINISTRATION SHALL COMPILE A REPORT ON THE 10 
IMPACTS OF THE PROPO SED REDUCTION OR CAN CELLATION OF A CAPIT AL 11 
EXPANSION PROJECT IN THE CONSTRUCTION PRO GRAM OF THE CONSOLIDATED 12 
TRANSPORTATION PROGRAM. 13 
 
 (2) THE REPORT SHALL INCL UDE: 14 
 
 (I) THE TRANSIT EQUITY AN ALYSIS; 15 
 
 (II) THE COST–BENEFIT ANALYSIS ; AND 16 
 
 (III) A COMMUNITY OUTREACH R EPORT. 17 
 
 (3) THE REPORT SHALL BE : 18 
 
 (I) MADE AVAILABLE TO THE PUBLIC ON THE 19 
ADMINISTRATION ’S WEBSITE, WITH A VISIBLE LINK FROM THE PRIMARY 20 
INFORMATION PAGE REL ATING TO THE PROPOSE D REDUCTION OR CANCE LLATION; 21 
AND 22 
 
 (II) DISTRIBUTED TO: 23 
 
 1. THE MEMBERS OF THE BOARD OF PUBLIC WORKS; 24 
 
 2. THE ATTORNEY GENERAL; 25 
 
 3. THE SECRETARY OF TRANSPORTATION ; 26 
  14 	HOUSE BILL 9  
 
 
 4. ANY ELECTED OFFICIALS WHOSE DISTRICTS WOUL D 1 
BE IMPACTED BY THE P ROPOSED SERVICE CHAN GE; 2 
 
 5. ANY COMMUNITY LEADERS CONSULTED DURING THE 3 
COMMUNITY OUTREACH P ROCESS; AND 4 
 
 6. IN ACCORDANCE WITH § 2–1257 OF THE STATE 5 
GOVERNMENT ARTICLE: 6 
 
 A. THE PRESIDENT OF THE SENATE; 7 
 
 B. THE SPEAKER OF THE HOUSE; 8 
 
 C. THE SENATE FINANCE COMMITTEE; AND 9 
 
 D. THE HOUSE ENVIRONMENT AND TRANSPORTATION 10 
COMMITTEE. 11 
 
 SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 12 
effect July 1, 2024. 13 
 
 SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section 14 
3 of this Act, this Act shall take effect June 1, 2023. 15 
 
 
 
 
Approved: 
________________________________________________________________________________  
 Governor. 
________________________________________________________________________________  
  Speaker of the House of Delegates. 
________________________________________________________________________________  
         President of the Senate.