MD
Maryland House Bill HB135

Maryland 2024 Regular Session

Maryland House Bill HB135 Compare Versions

Only one version of the bill is available at this time.
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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *hb0135*
66
77 HOUSE BILL 135
88 R1 4lr0955
99 (PRE–FILED) CF 4lr1690
1010 By: Delegate Charkoudian
1111 Requested: October 13, 2023
1212 Introduced and read first time: January 10, 2024
1313 Assigned to: Environment and Transportation and Appropriations
1414
1515 A BILL ENTITLED
1616
1717 AN ACT concerning 1
1818
1919 Transportation – Maryland Transportation Authority – Pedestrian and Bicycle 2
2020 Safety and Accessibility 3
2121
2222 FOR the purpose of repealing a prohibition on pedestrians using a highway of the Maryland 4
2323 Transportation Authority; altering a prohibition on bicycles using an Authority 5
2424 highway; requiring the Authority to construct separated or buffered bicycle ways and 6
2525 pedestrian walkways in certain locations under certain circumstances; authorizing 7
2626 the Authority to seek a waiver from the Secretary of Transportation from certain 8
2727 requirements under this Act; requiring the Bicycle and Pedestrian Advisory 9
2828 Committee to review waiver requests under this Act and provide recommendations 10
2929 to the Secretary; and generally relating to the construction of bicycle ways and 11
3030 pedestrian walkways on Authority bridges and highways. 12
3131
3232 BY repealing and reenacting, with amendments, 13
3333 Article – Transportation 14
3434 Section 2–606 15
3535 Annotated Code of Maryland 16
3636 (2020 Replacement Volume and 2023 Supplement) 17
3737
3838 BY repealing and reenacting, without amendments, 18
3939 Article – Transportation 19
4040 Section 21–1401 20
4141 Annotated Code of Maryland 21
4242 (2020 Replacement Volume and 2023 Supplement) 22
4343
4444 BY repealing 23
4545 Article – Transportation 24
4646 Section 21–1405 25
4747 Annotated Code of Maryland 26
4848 (2020 Replacement Volume and 2023 Supplement) 27 2 HOUSE BILL 135
4949
5050
5151
5252 BY adding to 1
5353 Article – Transportation 2
5454 Section 21–1405 3
5555 Annotated Code of Maryland 4
5656 (2020 Replacement Volume and 2023 Supplement) 5
5757
5858 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
5959 That the Laws of Maryland read as follows: 7
6060
6161 Article – Transportation 8
6262
6363 2–606. 9
6464
6565 (a) The Governor shall appoint a Bicycle and Pedestrian Advisory Committee to 10
6666 provide guidance to State agencies concerning: 11
6767
6868 (1) Funding of bicycle and pedestrian related programs; 12
6969
7070 (2) Public education and awareness of bicycling and pedestrian related 13
7171 activities; 14
7272
7373 (3) Public education and awareness of bicycling and pedestrian safety; and 15
7474
7575 (4) Any other issue directly related to bicycling and pedestrians. 16
7676
7777 (b) The Committee shall consist of the following: 17
7878
7979 (1) One representative each from: 18
8080
8181 (i) The Department of Transportation; 19
8282
8383 (ii) The Department of Natural Resources; 20
8484
8585 (iii) The State Department of Education; 21
8686
8787 (iv) The Department of State Police; 22
8888
8989 (v) The Department of Commerce; 23
9090
9191 (vi) The Maryland Department of Health; 24
9292
9393 (vii) The Department of Planning; 25
9494
9595 (viii) The Department of Disabilities; and 26
9696 HOUSE BILL 135 3
9797
9898
9999 (ix) The Maryland–National Capital Park and Planning 1
100100 Commission; 2
101101
102102 (2) One citizen member from each of the following areas: 3
103103
104104 (i) The Eastern Shore; 4
105105
106106 (ii) Western Maryland; and 5
107107
108108 (iii) Southern Maryland; 6
109109
110110 (3) Two citizen members from each of the following areas: 7
111111
112112 (i) The Baltimore metropolitan area; and 8
113113
114114 (ii) The Washington metropolitan area; and 9
115115
116116 (4) Up to six citizen members selected to represent the interests of 10
117117 bicyclists, pedestrians, and the disabled community to include: 11
118118
119119 (i) A representative of individuals who are visually impaired; and 12
120120
121121 (ii) A representative of individuals who are mobility impaired. 13
122122
123123 (c) One of the citizen members selected under subsection (b) of this section shall 14
124124 have an expertise in bicycle and pedestrian safety. 15
125125
126126 (d) The total membership of the Committee may not exceed 22 members. 16
127127
128128 (e) The Governor shall select a chairman from among the citizen members. 17
129129
130130 (f) (1) The term of a member is 4 years. 18
131131
132132 (2) The terms of members are staggered as required by the terms provided 19
133133 for members of the Committee on October 1, 2001. 20
134134
135135 (3) At the end of a term, a member continues to serve until a successor is 21
136136 appointed and qualifies. 22
137137
138138 (4) A member who is appointed after a term has begun serves only for the 23
139139 rest of the term and until a successor is appointed and qualifies. 24
140140
141141 (g) The Committee may adopt procedures necessary to ensure the orderly 25
142142 transaction of business. 26
143143
144144 (h) The Committee shall hold regular meetings as it deems appropriate. 27
145145 4 HOUSE BILL 135
146146
147147
148148 (I) THE COMMITTEE SHALL : 1
149149
150150 (1) REVIEW A NY WAIVER REQUEST FROM THE MARYLAND 2
151151 TRANSPORTATION AUTHORITY ON THE IDEN TIFICATION OR CONSTRUCTION OF 3
152152 BICYCLE WAYS AND PED ESTRIAN WALKWAYS REQUIRED UNDER § 21–1405 OF THIS 4
153153 ARTICLE; AND 5
154154
155155 (2) PROVIDE A RECOMMENDATION TO THE SECRETARY ON WHETHER 6
156156 THE WAIVER SHOULD BE GRANTED. 7
157157
158158 [(i)] (J) A member of the Committee may not receive compensation but shall be 8
159159 reimbursed for expenses under the Standard State Travel Regulations, as provided for in 9
160160 the State budget. 10
161161
162162 [(j)] (K) The Department shall provide staff, administrative support, and 11
163163 operating expenses for the Committee as provided in the State budget. 12
164164
165165 21–1401. 13
166166
167167 (a) In this subtitle the following words have the meanings indicated. 14
168168
169169 (b) “Approach” means any roadway, overhead structure, ramp, bridge, causeway, 15
170170 entrance, and exit provided as a means of access to or departure from an Authority 16
171171 highway. 17
172172
173173 (c) “Authority highway” means: 18
174174
175175 (1) Each highway, tunnel, and bridge within the jurisdiction of the 19
176176 Maryland Transportation Authority; and 20
177177
178178 (2) Each approach to these highways, tunnels, and bridges. 21
179179
180180 (d) “Bridge” means any bridge within the jurisdiction of the Maryland 22
181181 Transportation Authority. 23
182182
183183 (e) “Tunnel” means: 24
184184
185185 (1) The Baltimore Harbor Tunnel; and 25
186186
187187 (2) Any other tunnel within the jurisdiction of the Maryland 26
188188 Transportation Authority. 27
189189
190190 [21–1405. 28
191191
192192 (a) Unless authorized by the Chairman of the Maryland Transportation 29
193193 Authority, pedestrians may not use any Authority highway. 30 HOUSE BILL 135 5
194194
195195
196196
197197 (b) Unless authorized by the Chairman of the Maryland Transportation 1
198198 Authority, bicycles may not use any Authority highway.] 2
199199
200200 21–1405. 3
201201
202202 (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 4
203203 INDICATED. 5
204204
205205 (2) “AUTHORITY” MEANS THE MARYLAND TRANSPORTATION 6
206206 AUTHORITY. 7
207207
208208 (3) “BICYCLE WAY” HAS THE MEANING STAT ED IN § 21–101 OF THIS 8
209209 TITLE. 9
210210
211211 (B) A PERSON MAY NOT USE A BI CYCLE ON THE SHOULDE R OF AN 10
212212 AUTHORITY HIGHWAY UNL ESS: 11
213213
214214 (1) THE SHOULDER IS WIDE ENOUGH TO ALLOW A VE HICLE TO 12
215215 SAFELY STOP OR PARK OUT OF TRAFFIC LANES ; AND 13
216216
217217 (2) THERE IS NO EXISTING PARALLEL SHARED –USE PATH OR ROAD 14
218218 WITH A BICYCLE WAY . 15
219219
220220 (C) (1) THE AUTHORITY SHALL CONST RUCT SEPARATED OR BU FFERED 16
221221 BICYCLE WAYS AND PED ESTRIAN WALKWAYS ON BRIDGES AS PART OF A NY 17
222222 CONSTRUCTION , REPAIR, OR MAINTENANCE PROJE CT ON AN AUTHORITY BRIDGE . 18
223223
224224 (2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION, THE 19
225225 AUTHORITY, IN COLLABORATION WITH THE DEPARTMENT , THE STATE HIGHWAY 20
226226 ADMINISTRATION , AND LOCAL JURISDICTI ONS, SHALL IDENTIFY APPROPRIATE 21
227227 LOCATIONS FOR CONSTR UCTING SEPARATED OR BUFFERED BICYCLE WAY S AND 22
228228 PEDESTRIAN WALKWAYS THAT: 23
229229
230230 (I) CROSS AUTHORITY HIGHW AYS; OR 24
231231
232232 (II) RUN PARALLEL TO AUTHORITY HIGHWAYS. 25
233233
234234 (3) IN IDENTIFYING APPROP RIATE LOCATIONS FOR BICYCLE WAYS 26
235235 AND PEDESTRIAN WALKW AYS, THE AUTHORITY SHALL PRIORITIZE: 27
236236
237237 (I) PROVIDING SAFE ACCESS TO: 28
238238
239239 1. TRANSIT STATIONS ; 29 6 HOUSE BILL 135
240240
241241
242242
243243 2. CRITICAL NEED AREAS ; AND 1
244244
245245 3. NEIGHBORHOODS SEPARAT ED BY AUTHORITY 2
246246 HIGHWAYS; AND 3
247247
248248 (II) PROVIDING WAYS TO TRAVERSE OR CROSS NATURAL 4
249249 PHYSICAL BARRIERS . 5
250250
251251 (D) EXCEPT AS PROVIDED UNDER SUBSECTION (E) OF THIS SECTION , THE 6
252252 AUTHORITY SHALL CONSTRUCT SEPARATED OR BUFFERED BICYCLE WAYS AND 7
253253 PEDESTRIAN WALKWAYS AT THE LOCATIONS IDENTI FIED UNDER SUB SECTION (C) OF 8
254254 THIS SECTION. 9
255255
256256 (E) (1) (I) THE AUTHORITY MAY REQUEST A WAIVER FROM A 10
257257 REQUIREMENT TO CONSTRUCT A SEPAR ATED OR BUFFERED BIC YCLE WAY OR 11
258258 PEDESTRIAN WALKWAY U NDER THIS SECTION. 12
259259
260260 (II) THE AUTHORITY SHALL SUBMI T THE WAIVER REQUEST TO 13
261261 THE BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE AND THE SECRETARY. 14
262262
263263 (2) THE BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE SHALL 15
264264 REVIEW A WAIVER REQU EST SUBMITTED UNDER THIS SUBSECTION AND PROVIDE 16
265265 THE SECRETARY WITH A RECO MMENDATION ON WHETHE R THE WAIVER SHOULD BE 17
266266 GRANTED. 18
267267
268268 (3) THE SECRETARY MAY GRANT T HE AUTHORITY A WAIVER FROM 19
269269 THE REQUIREMENTS OF THIS SECTION IF IMPLEMENTING THE REQUIREMENTS : 20
270270
271271 (I) CONFLICTS WITH ANY ST ATUTE, LOCAL LAW , OR 21
272272 REGULATION ; 22
273273
274274 (II) IS NOT FEASIBLE DUE TO I NSUFFICIENT CONTRIBUTION 23
275275 FUNDS PROVIDED BY FEDERAL, STATE, OR LOCAL GOVERNMENT ; OR 24
276276
277277 (III) IS INFEASIBLE OR UNJUSTIFIABLE BASED ON SAFETY OR 25
278278 COST CONSIDERATIONS . 26
279279
280280 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 27
281281 October 1, 2024. 28