Maryland 2024 Regular Session

Maryland House Bill HB263 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0263
6	6
7	7	HOUSE BILL 263
8	8	R1 4lr1471
9	9
10	10	By: Delegate Qi
11	11	Introduced and read first time: January 12, 2024
12	12	Assigned to: Appropriations
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	State Highway Administration – Sidewalks and Bicycle Pathways – 2
19	19	Maintenance and Repair 3
20	20
21	21	FOR the purpose of requiring the State Highway Administration to maintain and repair 4
22	22	certain sidewalks and bicycle pathways rather than the political subdivisions in 5
23	23	which the sidewalks and bicycle pathways are located; requiring the Administration 6
24	24	to maintain and repair sidewalks adjacent to State highways; requiring the political 7
25	25	subdivision in which certain sidewalks and bicycle pathways are located to remove 8
26	26	snow and ice from those sidewalks and bicycle pathways; and generally relating to 9
27	27	maintenance and repair of sidewalks and bicycle pathways. 10
28	28
29	29	BY repealing and reenacting, with amendments, 11
30	30	Article – Transportation 12
31	31	Section 8–629 and 8–630(c) 13
32	32	Annotated Code of Maryland 14
33	33	(2020 Replacement Volume and 2023 Supplement) 15
34	34
35	35	BY adding to 16
36	36	Article – Transportation 17
37	37	Section 8–631 18
38	38	Annotated Code of Maryland 19
39	39	(2020 Replacement Volume and 2023 Supplement) 20
40	40
41	41	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
42	42	That the Laws of Maryland read as follows: 22
43	43
44	44	Article – Transportation 23
45	45
46	46	8–629. 24
47	47	2 HOUSE BILL 263
48	48
49	49
50	50	(a) (1) With the concurrence of the local government, the Administration may 1
51	51	require any developer of an industrial, commercial, or apartment area along a highway 2
52	52	maintained by the Administration to construct sidewalks parallel to the highway. 3
53	53
54	54	(2) The construction of these sidewalks shall meet the conditions specified 4
55	55	in entrance permits and the standards adopted by the Administration or the local 5
56	56	government. 6
57	57
58	58	(b) Sidewalks may not be required under this section if the Administration 7
59	59	determines that: 8
60	60
61	61	(1) The establishment of sidewalks would be contrary to public safety; 9
62	62
63	63	(2) The cost of establishing the sidewalks would be too great considering 10
64	64	the need for them or their probable use; or 11
65	65
66	66	(3) The sparsity of population, the existence of other available ways, or any 12
67	67	other factor indicates that there is no need for the sidewalks. 13
68	68
69	69	(c) (1) [After] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 14
70	70	SUBSECTION, THE ADMINISTRATION SHALL MAINTAIN AND R EPAIR sidewalks [are] 15
71	71	constructed under this section[, they shall be maintained and repaired by the political 16
72	72	subdivision in which they are located]. 17
73	73
74	74	(2) THE POLITICAL SUBDIVI SION IN WHICH A SIDEWALK 18
75	75	CONSTRUCTED UNDER TH IS SECTION IS LOCATED SHALL BE RES PONSIBLE FOR 19
76	76	REMOVING SNOW AND ICE FROM THE SIDEWALK . 20
77	77
78	78	8–630. 21
79	79
80	80	(c) (1) If sidewalks or bicycle pathways are constructed or reconstructed as 22
81	81	part of a roadway construction or reconstruction project, the Administration shall fund the 23
82	82	sidewalk or bicycle pathway construction or reconstruction as a part of the cost of the 24
83	83	roadway project. 25
84	84
85	85	(2) Except as provided in paragraphs (3) and (4) of this subsection, if 26
86	86	sidewalks or bicycle pathways are constructed or reconstructed in response to a request 27
87	87	from a local government and the adjacent roadway is not being concurrently constructed or 28
88	88	reconstructed, the cost to construct or reconstruct the sidewalk or bicycle pathway shall be 29
89	89	shared equally between the State and local governments. 30
90	90
91	91	(3) If sidewalks or bicycle pathways within a sustainable community as 31
92	92	defined in § 6–301 of the Housing and Community Development Article are constructed or 32
93	93	reconstructed in response to a request from a local government and the adjacent roadway 33
94	94	is not being concurrently constructed or reconstructed, the cost to construct or reconstruct 34
95	95	the sidewalk or bicycle pathway may be funded entirely by the State. 35 HOUSE BILL 263 3
96	96
97	97
98	98
99	99	(4) (i) This paragraph does not apply to a priority funding area that is 1
100	100	a sustainable community as defined in § 6–301 of the Housing and Community 2
101	101	Development Article. 3
102	102
103	103	(ii) If sidewalks or bicycle pathways within an area designated as a 4
104	104	priority funding area under § 5–7B–02 of the State Finance and Procurement Article are 5
105	105	constructed or reconstructed in response to a request from a local government and the 6
106	106	adjacent roadway is not being concurrently constructed or reconstructed, and if the 7
107	107	Administration determines that construction would not occur under this section due to 8
108	108	insufficient contribution of funds by the local government, the cost to construct or 9
109	109	reconstruct the sidewalk or bicycle pathway shall be shared between the State and local 10
110	110	government as follows: 11
111	111
112	112	1. 75 percent of the cost shall be funded by the State; and 12
113	113
114	114	2. 25 percent of the cost shall be funded by the local 13
115	115	government. 14
116	116
117	117	(iii) If sidewalks or bicycle pathways within an area designated as a 15
118	118	priority funding area under § 5–7B–02 of the State Finance and Procurement Article are 16
119	119	constructed or reconstructed based on a determination by the Administration that a 17
120	120	substantial public safety risk or significant impediment to pedestrian access exists and the 18
121	121	adjacent roadway is not being concurrently constructed or reconstructed, then: 19
122	122
123	123	1. The Administration shall categorize the sidewalk or 20
124	124	bicycle pathway construction project as “system preservation” and give corresponding 21
125	125	funding priority to the project; and 22
126	126
127	127	2. The cost to construct or reconstruct the sidewalk or bicycle 23
128	128	pathway may be funded entirely by the State. 24
129	129
130	130	(5) If sidewalks or bicycle pathways are being constructed or reconstructed 25
131	131	in response to a request from a local government and the adjacent roadway is not being 26
132	132	concurrently constructed or reconstructed, the local government shall: 27
133	133
134	134	(i) Provide public notice and opportunities for community 28
135	135	involvement prior to the construction of a sidewalk or bicycle pathway project; and 29
136	136
137	137	(ii) Secure any necessary right–of–way that may be needed beyond 30
138	138	the right–of–way already owned by the State. 31
139	139
140	140	(6) (i) Except as provided in subparagraph (ii) of this paragraph, [after] 32
141	141	THE ADMINISTRATION SHALL MAINTAIN AND REPAIR sidewalks and bicycle pathways 33
142	142	[are] constructed under this section[, they shall be maintained and repaired by the political 34
143	143	subdivision in which they are located]. 35
144	144	4 HOUSE BILL 263
145	145
146	146
147	147	(ii) [Subject to approval and the availability of funds, the 1
148	148	Administration promptly shall reimburse a political subdivision for the preapproved and 2
149	149	documented costs incurred in reconstructing a segment of a sidewalk or bicycle pathway 3
150	150	that has deteriorated to the extent that repair is not practical or desirable for public safety] 4
151	151	THE POLITICAL SUBDIVI SION IN WHICH A SIDEWALK OR BICYCLE PATHWAY 5
152	152	CONSTRUCTED UNDER TH IS SECTION IS LOCATED SHALL BE RES PONSIBLE FOR 6
153	153	REMOVING SNOW AND ICE FROM THE SIDEWALK OR BICYCLE PATHWAY . 7
154	154
155	155	8–631. 8
156	156
157	157	(A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , THE 9
158	158	ADMINISTRATION SHALL MAINTAIN AND REPAIR SIDEWALKS THAT ARE A DJACENT 10
159	159	TO STATE HIGHWAYS . 11
160	160
161	161	(B) THE POLITICAL SUBDIVI SION IN WHICH A SIDEWALK ADJACENT TO A 12
162	162	STATE HIGHWAY IS LOCATED SHALL BE RES PONSIBLE FOR REMOVING SNOW AND 13
163	163	ICE FROM THE SIDEWALK . 14
164	164
165	165	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
166	166	October 1, 2024. 16