EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1129*
HOUSE BILL 1129
M1, R1, C4 4lr1929
CF SB 902
By: Delegates Ruth, Stein, Palakovich Carr, Allen, Ebersole, Fair, Foley, Lehman,
Terrasa, Vogel, Watson, and Ziegler
Introduced and read first time: February 7, 2024
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Wildlife – Protections and Highway Crossings 2
FOR the purpose of requiring the Department of Natural Resources, in collaboration with 3
the State Highway Administration, to identify and prioritize certain species whose 4
habitat or movement corridors intersect with State highways and develop tools, 5
technology, and techniques to identify certain State highway infrastructure 6
locations; requiring the Department of Natural Resources to take certain actions 7
regarding a statewide deer population survey on or before certain dates; requiring 8
the Department of Transportation to update certain design guidance to incorporate 9
certain design concepts on or before a certain date; requiring the State Highway 10
Administration to consult with the Department of Natural Resources on the design 11
of certain bridges, culverts, and State highways; establishing certain requirements 12
for the construction of certain bridges, culverts, and State highways; requiring the 13
State Highway Administration to consult with the Department of Natural Resources 14
regarding the replacement or renovation of certain bridges and culverts; establishing 15
the Wildlife Highway Crossings Fund as a special, nonlapsing fund; requiring 16
interest earnings of the Fund to be credited to the Fund; requiring the Secretary of 17
Natural Resources and the Secretary of Transportation to each designate an 18
interagency liaison officer to coordinate certain activities; requiring the State 19
Highway Administration to identify and apply for certain funding; requiring each 20
automobile insurance provider to charge a certain fee; requiring the Department of 21
Transportation to develop a process for each automobile insurance provider to remit 22
the fee to the Fund; and generally relating to wildlife protection. 23
BY repealing and reenacting, without amendments, 24
Article – Natural Resources 25
Section 10–2A–01(a) 26
Annotated Code of Maryland 27
(2023 Replacement Volume and 2023 Supplement) 28
2 HOUSE BILL 1129
BY repealing and reenacting, with amendments, 1
Article – Natural Resources 2
Section 10–2A–01(d) and (l) 3
Annotated Code of Maryland 4
(2023 Replacement Volume and 2023 Supplement) 5
BY adding to 6
Article – Natural Resources 7
Section 10–2A–06.2 8
Annotated Code of Maryland 9
(2023 Replacement Volume and 2023 Supplement) 10
BY repealing and reenacting, without amendments, 11
Article – State Finance and Procurement 12
Section 6–226(a)(2)(i) 13
Annotated Code of Maryland 14
(2021 Replacement Volume and 2023 Supplement) 15
BY repealing and reenacting, with amendments, 16
Article – State Finance and Procurement 17
Section 6–226(a)(2)(ii)189. and 190. 18
Annotated Code of Maryland 19
(2021 Replacement Volume and 2023 Supplement) 20
BY adding to 21
Article – State Finance and Procurement 22
Section 6–226(a)(2)(ii)191. 23
Annotated Code of Maryland 24
(2021 Replacement Volume and 2023 Supplement) 25
BY repealing and reenacting, without amendments, 26
Article – Transportation 27
Section 8–101(a), (i), and (q) 28
Annotated Code of Maryland 29
(2020 Replacement Volume and 2023 Supplement) 30
BY adding to 31
Article – Transportation 32
Section 17–302 33
Annotated Code of Maryland 34
(2020 Replacement Volume and 2023 Supplement) 35
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 36
That the Laws of Maryland read as follows: 37
Article – Natural Resources 38
HOUSE BILL 1129 3
10–2A–01. 1
(a) In this subtitle the following words have the meanings indicated. 2
(d) (1) [“Endangered] EXCEPT AS PROVIDED IN § 10–2A–06.2 OF THIS 3
SUBTITLE, “ENDANGERED species” means any species whose continued existence as a 4
viable component of the State’s wildlife or plants is determined to be in jeopardy. 5
(2) “Endangered species” includes any species of wildlife or plant 6
determined to be an “endangered species” pursuant to the Endangered Species Act. 7
(l) [“Threatened] EXCEPT AS PROVIDED IN § 10–2A–06.2 OF THIS SUBTITLE, 8
“THREATENED species” means any species of wildlife or plants which appears likely, 9
within the foreseeable future, to become endangered including any species of wildlife or 10
plant determined to be a “threatened species” pursuant to the Endangered Species Act. 11
10–2A–06.2. 12
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 13
INDICATED. 14
(2) “ENDANGERED SPECIES ” MEANS A WILDLIFE SPECIES LISTED BY 15
THE DEPARTMENT AS AN ENDA NGERED SPECIES . 16
(3) “FUND” MEANS THE WILDLIFE HIGHWAY CROSSINGS FUND. 17
(4) “SPECIES OF GREATEST CONSERVATION NEED” MEANS A 18
WILDLIFE SPECIES IDENTIFIED B Y THE DEPARTMENT AS A SPECI ES OF GREATEST 19
CONSERVATION NEED IN THE MARYLAND STATE WILDLIFE ACTION PLAN. 20
(5) “STATE HIGHWAY ” HAS THE MEANING STAT ED IN § 8–101 OF THE 21
TRANSPORTATION ARTICLE. 22
(6) “THREATENED SPECIES ” MEANS A WILDLIFE SPECIES LISTED BY 23
THE DEPARTMENT AS A THREA TENED SPECIES . 24
(B) THE DEPARTMENT , IN COLLABORATION WITH THE STATE HIGHWAY 25
ADMINISTRATION , SHALL: 26
(1) IDENTIFY AND PRIORITI ZE THREATENED SPECIES AND 27
ENDANGERED SPECIES W HOSE HABITAT OR MOVE MENT CORRIDORS INTER SECT 28
WITH STATE HIGHWAYS ; 29
4 HOUSE BILL 1129
(2) GIVE SPECIAL CONSIDERATIO N TO THREATENED SPECIES AND 1
ENDANGERED SPECIES THAT ARE REPTILES AND AMPHIBI ANS IN IDENTIFYING AND 2
PRIORITIZING SPECIES UNDER ITEM (1) OF THIS SUBSECTION ; AND 3
(3) DEVELOP ANY TOOLS, TECHNOLOGY , AND TECHNIQUES 4
NECESSARY TO IDENTIFY LOCATION S WHERE NEW OR ALTERED STATE HIGHWAY 5
INFRASTRUCTURE COULD : 6
(I) RECONNECT HABITAT OR MOVEMENT CORRIDORS F OR 7
SPECIES IDENTIFIED UNDER ITEM (1) OF THIS SUBSECTION ; AND 8
(II) REDUCE COLLISIONS BET WEEN VEHICLES AND WI LDLIFE. 9
(C) (1) ON OR BEFORE NOVEMBER 1, 2024, THE DEPARTMENT SHALL 10
DEVELOP A METHODOLOGY AND A COST ESTIMATE FOR PERFORMING A STATEWI DE 11
DEER POPULATION SURV EY. 12
(2) THE DEPARTMENT SHALL : 13
(I) COMPLETE THE STATEWIDE DEER POPULATION SURVEY 14
REQUIRED UNDER THIS SUBSECTION ON OR BEFORE NOVEMBER 1, 2026; 15
(II) DEVELOP DEER POPULATI ON HABITAT MAPS BASE D ON THE 16
RESULTS OF THE SURVE Y; 17
(III) PROVIDE THE SURVEY DATA AND HABITAT MAP S TO THE 18
STATE HIGHWAY ADMINISTRATION TO ASSIST WITH IDENTIFYING AREAS WH ERE 19
WILDLIFE CROSSINGS O R WILDLIFE–VEHICLE COLLISION MI TIGATION PROJECTS 20
WILL REDUCE COLLISIO NS BETWEEN VEHICLES AND DEER; AND 21
(IV) SUBJECT TO AVAILABILI TY, USE FUNDING FROM THE FUND 22
TO COVER THE COSTS O F IMPLEMENTING THIS SUBSECTION. 23
(D) ON OR BEFORE JUNE 30, 2026, THE DEPARTMENT OF 24
TRANSPORTATION SHALL UPDATE ANY APPLICABLE DESIGN GUIDANCE , INCLUDING 25
THE TECHNICAL DESIGN STANDARDS IN THE STATE HIGHWAY ADMINISTRATION 26
ACCESS MANUAL, TO INCORPORATE DESIG N CONCEPTS FOR WILDL IFE PASSAGE 27
FEATURES AND RELATED PLAN AND SPECIFICATI ON STANDARDS. 28
(E) (1) THE STATE HIGHWAY ADMINISTRATION SHALL CONSULT WITH 29
THE DEPARTMENT ON THE DES IGN OF ALL NEW BRIDGES , CULVERTS, OR STATE 30
HIGHWAYS THAT COULD REASONABLY BE EXPECT ED TO CAUSE HABITAT 31 HOUSE BILL 1129 5
FRAGMENTATION FOR A TERRESTRIAL THREATENED SPECIES, ENDANGERED 1
SPECIES, OR SPECIES OF GREATEST CONSERVATION NEED. 2
(2) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 3
PARAGRAPH , ANY NEW BRIDGE , CULVERT, OR STATE HIGHWAY CONSTRUCTED 4
ALONG A WATERWAY IN THE STATE THAT CAUSES HABITAT FRAGMENTATION FOR A 5
TERRESTRIAL THREATENED SPECIES, ENDANGERED SPECIES , OR SPECIES OF 6
GREATEST CONSERVATION NEED SHALL INCLUDE A PRESERVED OR RESTO RED 7
NATURAL BANK OF SUFFICIEN T WIDTH TO ALLOW THE SPECIES TO SAFELY PA SS 8
THROUGH OR ALONG THE BRIDGE, CULVERT, OR STATE HIGHWAY . 9
(II) IF A NATURAL BANK IS NO T PRESENT OR FEASIBL E TO 10
PRESERVE OR RESTORE , THE CONSTRUCTION OF A NEW BRIDGE, CULVERT, OR 11
STATE HIGHWAY ALONG A WATE RWAY SHALL INCLUDE THE CREATION OF AN 12
ARTIFICIAL BANK OR S HELF OF SUFFICIENT W IDTH TO ALLOW A TERRESTRIAL 13
THREATENED SPECIES , ENDANGERED SPECIES, OR SPECIES OF GREATEST 14
CONSERVATION NEED TO SAFELY PASS THROU GH OR ALONG THE BRIDGE, 15
CULVERT, OR STATE HIGHWAY . 16
(III) THE STATE HIGHWAY ADMINISTRATION SHALL DEVELOP 17
ADDITIONAL APPROPRIA TE MEASURES AS NECESSARY TO ENCOURAGE A 18
TERRESTRIAL THREATEN ED SPECIES, ENDANGERED SPECIES , OR SPECIES OF 19
GREATEST CONSERVATION NEED TO SAFELY PASS T HROUGH OR ALONG A BRIDGE , 20
CULVERT, OR STATE HIGHWAY . 21
(3) (I) WHEN PLANNING FOR THE REPLACEMENT OR RENOV ATION 22
OF AN EXISTING BRIDG E OR CULVERT DUE TO DAMAGE OR DETERIORAT ION, THE 23
STATE HIGHWAY ADMINISTRATION SHALL CONSULT WITH THE DEPARTMENT TO 24
DETERMINE WHETHE R MODIFICATIONS TO T HE BRIDGE OR CULVER T DESIGN 25
COULD: 26
1. CONNECT HABITAT FOR TERRESTRIAL THREATENED 27
SPECIES, ENDANGERED SPECIES , OR SPECIES OF GREATEST CONSERVATION NEED; 28
OR 29
2. PROVIDE SAFER WILDLIFE CROSSINGS AND REDUCE 30
COLLISIONS BETWEEN V EHICLES AND WILDLIFE . 31
(II) THE STATE HIGHWAY ADMINISTRATION SHALL 32
INCORPORATE INTO THE DESIGN OF A BRIDGE OR CULVE RT BEING REPLACED OR 33
RENOVATED DUE TO DAM AGE OR DETERIORATION ANY MODIFICATIONS ID ENTIFIED 34
UNDER SUBPARAGR APH (I) OF THIS PARAGRAPH TH AT DO NOT SIGNIFICAN TLY 35
INCREASE THE PROJECT COST OR TIME LINE. 36 6 HOUSE BILL 1129
(F) (1) THERE IS A WILDLIFE HIGHWAY CROSSINGS FUND. 1
(2) THE PURPOSE OF THE FUND IS TO PROTECT: 2
(I) ANY TERRESTRIAL THREATENED SPECIES, ENDANGERED 3
SPECIES, OR SPECIES OF GREATEST CONSERVATION NEED WHOSE HABITAT OR 4
MOVEMENT CORRIDORS I NTERSECT WITH A STATE HIGHWAY ; AND 5
(II) MOTORISTS AND WILDLIF E IN THE STATE BY REDUCING 6
COLLISIONS BETWEEN V EHICLES AND WILDLIFE . 7
(3) THE DEPARTMENT , IN CONSULTATION WITH THE STATE 8
HIGHWAY ADMINISTRATION , SHALL ADMINISTER THE FUND. 9
(4) (I) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT 10
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 11
(II) THE STATE TREASURER SHALL HOLD THE FUND 12
SEPARATELY, AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 13
(5) THE FUND CONSISTS OF : 14
(I) REVENUE DISTRIBUTED T O THE FUND UNDER § 17–302 OF 15
THE TRANSPORTATION ARTICLE; 16
(II) ANY FEDERAL FUNDING A WARDED TO THE STATE FOR 17
WILDLIFE CROSSINGS , HABITAT CONNECTIVITY , OR PREVENTION OF COL LISIONS 18
BETWEEN VEHICLES AND WILDLIFE, INCLUDING FUNDING AW ARDED TO THE STATE 19
UNDER THE FEDERAL INFRASTRUCTURE INVESTMENT AND JOBS ACT; 20
(III) MONEY APPROPRIATED IN T HE STATE BUDGET TO THE 21
FUND; 22
(IV) INTEREST EARNINGS OF THE FUND; AND 23
(V) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED 24
FOR THE BENEFIT OF T HE FUND. 25
(6) THE FUND MAY BE USED TO : 26
HOUSE BILL 1129 7
(I) ADVANCE WILDLIFE CROS SING OR WILDLIFE –VEHICLE 1
COLLISION MITIGATION PROJECTS JOINTLY IDENTIFIED AND PRIOR ITIZED BY THE 2
DEPARTMENT AND THE STATE HIGHWAY ADMINISTRATION ; 3
(II) ASSIST WITH PREPARATIONS NECESSARY FOR THE 4
PROJECTS SPECIFIED UNDER ITEM (I) OF THIS PARAGRAPH , INCLUDING DATA 5
COLLECTION, FEASIBILITY STUDIES , AND PROJECT DESIGN ; 6
(III) DEVELOP METHODS AND T OOLS FOR IDENTIFYING 7
LOCATIONS WHERE WILD LIFE CROSSING OR WIL DLIFE–VEHICLE COLLISION 8
MITIGATION PROJECTS WOULD: 9
1. REDUCE COLLISIONS BET WEEN VEHICLES AND 10
WILDLIFE; OR 11
2. CONNECT HABITATS OF TERRESTRIAL THREATENED 12
SPECIES, ENDANGERED SPECIES , OR SPECIES OF GREATEST CONSERVATION NEED; 13
(IV) DEVELOP REGIONAL OR S TATEWIDE HABITAT MAP S OF THE 14
SPECIES IDENTIFIED AND PRIORITIZED IN ACCORDANCE WITH S UBSECTION (B) OF 15
THIS SECTION TO IMPROVE HABITAT C ONNECTIVITY OR REDUC E COLLISIONS 16
BETWEEN VEHICLES AND WILDLIFE; 17
(V) CONSTRUCT EXCLUSIONAR Y FENCING; 18
(VI) PROVIDE MATCHING FUND S FOR FEDERAL GRANTS ; 19
(VII) PROVIDE MAINTENANCE FOR COMPLETED PROJECTS ; 20
(VIII) MONITOR AND EVALUATE COMPLETED PROJECTS ; 21
(IX) PROVIDE EDUCATION AND OUTREA CH REGARDING : 22
1. COLLISIONS BETWEEN VE HICLES AND WILDLIFE ; 23
2. THREATENED SPECIES, ENDANGERED SPECIES , OR 24
SPECIES OF GREATEST CONSERVATION NEED WHOSE HABITATS ARE D IVIDED BY 25
STATE HIGHWAYS; AND 26
3. ANY OTHER RELATED TOPIC THE DEPARTMENT OR 27
STATE HIGHWAY ADMINISTRATION DETERM INES IS APPROPRIATE ; 28
8 HOUSE BILL 1129
(X) PROVIDE MATCHING GRANTS TO COUNTIES A ND 1
MUNICIPALITIES FOR P ROJECTS RELATED TO T HE PURPOSE OF THE FUND; AND 2
(XI) COVER THE COSTS OF R ELEVANT ADMINISTRATI ON AND 3
PERSONNEL EXPENSES , INCLUDING COMPENSATION FOR THE INTERAGENCY 4
LIAISON OFFICER S REQUIRED UNDER SUBSE CTION (G) OF THIS SECTION. 5
(7) (I) THE STATE TREASURER SHALL INVES T THE MONEY OF THE 6
FUND IN THE SAME MANN ER AS OTHER STATE MONEY MAY BE IN VESTED. 7
(II) ANY INTEREST EARNINGS OF THE FUND SHALL BE 8
CREDITED TO THE FUND. 9
(8) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN 10
ACCORDANCE WITH THE STATE BUDGET . 11
(9) MONEY EXPENDED F ROM THE FUND FOR THE PROTECTIONS 12
SPECIFIED IN PARAGRA PH (2) OF THIS SUBSECTION I S SUPPLEMENTAL TO AN D IS 13
NOT INTENDED TO TAKE THE PLACE OF FUNDING THAT OTHERWISE WOULD BE 14
APPROPRIATED FOR THE SE PROTECTIONS . 15
(G) THE SECRETARY AND THE SECRETARY OF TRANSPORTA TION EACH 16
SHALL DESIGNATE AN I NTERAGENCY LIAISON O FFICER TO COORDINATE ACTIVITIES 17
RELATED TO THE PURPO SE OF THE FUND. 18
(H) THE STATE HIGHWAY ADMINISTRATION SHALL : 19
(1) IDENTIFY ANY FEDERAL FUNDING PROGRAMS THAT COULD 20
SUPPORT THE PURPOSE OF THE FUND; AND 21
(2) APPLY FOR ANY FUNDING THAT THE STATE HIGHWAY 22
ADMINISTRATION DETERM INES IS APPROPRIATE . 23
Article – State Finance and Procurement 24
6–226. 25
(a) (2) (i) Notwithstanding any other provision of law, and unless 26
inconsistent with a federal law, grant agreement, or other federal requirement or with the 27
terms of a gift or settlement agreement, net interest on all State money allocated by the 28
State Treasurer under this section to special funds or accounts, and otherwise entitled to 29
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 30
Fund of the State. 31
HOUSE BILL 1129 9
(ii) The provisions of subparagraph (i) of this paragraph do not apply 1
to the following funds: 2
189. the Teacher Retention and Development Fund; [and] 3
190. the Protecting Against Hate Crimes Grant Fund; AND 4
191. THE WILDLIFE HIGHWAY CROSSINGS FUND. 5
Article – Transportation 6
8–101. 7
(a) In this title the following words have the meanings indicated. 8
(i) “Highway” includes: 9
(1) Rights–of–way, roadway surfaces, roadway subgrades, shoulders, 10
median dividers, drainage facilities and structures, related stormwater management 11
facilities and structures, roadway cuts, roadway fills, guardrails, bridges, highway grade 12
separation structures, railroad grade separations, tunnels, overpasses, underpasses, 13
interchanges, entrance plazas, approaches, and other structures forming an integral part 14
of a street, road, or highway, including bicycle and walking paths; and 15
(2) Any other property acquired for the construction, operation, or use of 16
the highway. 17
(q) “State highway” means any public highway owned by this State. 18
17–302. 19
(A) EACH INSURER OR OTHER PROVIDER OF THE SECU RITY REQUIRED 20
UNDER § 17–103 OF THIS TITLE SHALL ESTABLISH AND COLLEC T AN ANNUAL 21
WILDLIFE–VEHICLE COLLISION MI TIGATION FEE FOR EACH VEHICLE IN THE STATE 22
FOR WHICH THE INSURER PROVIDES SEC URITY. 23
(B) THE FEE ESTABLISHED U NDER THIS SECTION IS $10 PER VEHICLE. 24
(C) THE DEPARTMENT SHALL DEVE LOP A PROCESS FOR EA CH INSURER OR 25
OTHER PROVIDER OF TH E SECURITY REQUIRED UNDER § 17–103 OF THIS TITLE TO 26
REMIT THE FEES COLLE CTED UNDER THIS SECT ION TO THE WILDLIFE HIGHWAY 27
CROSSINGS FUND ESTABLISHED UNDE R § 10–2A–06.2 OF THE NATURAL 28
RESOURCES ARTICLE. 29
10 HOUSE BILL 1129
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1
1, 2024. 2