EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0263*
HOUSE BILL 263
R1 4lr1471
By: Delegate Qi
Introduced and read first time: January 12, 2024
Assigned to: Appropriations
A BILL ENTITLED
AN ACT concerning 1
State Highway Administration – Sidewalks and Bicycle Pathways – 2
Maintenance and Repair 3
FOR the purpose of requiring the State Highway Administration to maintain and repair 4
certain sidewalks and bicycle pathways rather than the political subdivisions in 5
which the sidewalks and bicycle pathways are located; requiring the Administration 6
to maintain and repair sidewalks adjacent to State highways; requiring the political 7
subdivision in which certain sidewalks and bicycle pathways are located to remove 8
snow and ice from those sidewalks and bicycle pathways; and generally relating to 9
maintenance and repair of sidewalks and bicycle pathways. 10
BY repealing and reenacting, with amendments, 11
Article – Transportation 12
Section 8–629 and 8–630(c) 13
Annotated Code of Maryland 14
(2020 Replacement Volume and 2023 Supplement) 15
BY adding to 16
Article – Transportation 17
Section 8–631 18
Annotated Code of Maryland 19
(2020 Replacement Volume and 2023 Supplement) 20
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22
Article – Transportation 23
8–629. 24
2 HOUSE BILL 263
(a) (1) With the concurrence of the local government, the Administration may 1
require any developer of an industrial, commercial, or apartment area along a highway 2
maintained by the Administration to construct sidewalks parallel to the highway. 3
(2) The construction of these sidewalks shall meet the conditions specified 4
in entrance permits and the standards adopted by the Administration or the local 5
government. 6
(b) Sidewalks may not be required under this section if the Administration 7
determines that: 8
(1) The establishment of sidewalks would be contrary to public safety; 9
(2) The cost of establishing the sidewalks would be too great considering 10
the need for them or their probable use; or 11
(3) The sparsity of population, the existence of other available ways, or any 12
other factor indicates that there is no need for the sidewalks. 13
(c) (1) [After] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 14
SUBSECTION, THE ADMINISTRATION SHALL MAINTAIN AND R EPAIR sidewalks [are] 15
constructed under this section[, they shall be maintained and repaired by the political 16
subdivision in which they are located]. 17
(2) THE POLITICAL SUBDIVI SION IN WHICH A SIDEWALK 18
CONSTRUCTED UNDER TH IS SECTION IS LOCATED SHALL BE RES PONSIBLE FOR 19
REMOVING SNOW AND ICE FROM THE SIDEWALK . 20
8–630. 21
(c) (1) If sidewalks or bicycle pathways are constructed or reconstructed as 22
part of a roadway construction or reconstruction project, the Administration shall fund the 23
sidewalk or bicycle pathway construction or reconstruction as a part of the cost of the 24
roadway project. 25
(2) Except as provided in paragraphs (3) and (4) of this subsection, if 26
sidewalks or bicycle pathways are constructed or reconstructed in response to a request 27
from a local government and the adjacent roadway is not being concurrently constructed or 28
reconstructed, the cost to construct or reconstruct the sidewalk or bicycle pathway shall be 29
shared equally between the State and local governments. 30
(3) If sidewalks or bicycle pathways within a sustainable community as 31
defined in § 6–301 of the Housing and Community Development Article are constructed or 32
reconstructed in response to a request from a local government and the adjacent roadway 33
is not being concurrently constructed or reconstructed, the cost to construct or reconstruct 34
the sidewalk or bicycle pathway may be funded entirely by the State. 35 HOUSE BILL 263 3
(4) (i) This paragraph does not apply to a priority funding area that is 1
a sustainable community as defined in § 6–301 of the Housing and Community 2
Development Article. 3
(ii) If sidewalks or bicycle pathways within an area designated as a 4
priority funding area under § 5–7B–02 of the State Finance and Procurement Article are 5
constructed or reconstructed in response to a request from a local government and the 6
adjacent roadway is not being concurrently constructed or reconstructed, and if the 7
Administration determines that construction would not occur under this section due to 8
insufficient contribution of funds by the local government, the cost to construct or 9
reconstruct the sidewalk or bicycle pathway shall be shared between the State and local 10
government as follows: 11
1. 75 percent of the cost shall be funded by the State; and 12
2. 25 percent of the cost shall be funded by the local 13
government. 14
(iii) If sidewalks or bicycle pathways within an area designated as a 15
priority funding area under § 5–7B–02 of the State Finance and Procurement Article are 16
constructed or reconstructed based on a determination by the Administration that a 17
substantial public safety risk or significant impediment to pedestrian access exists and the 18
adjacent roadway is not being concurrently constructed or reconstructed, then: 19
1. The Administration shall categorize the sidewalk or 20
bicycle pathway construction project as “system preservation” and give corresponding 21
funding priority to the project; and 22
2. The cost to construct or reconstruct the sidewalk or bicycle 23
pathway may be funded entirely by the State. 24
(5) If sidewalks or bicycle pathways are being constructed or reconstructed 25
in response to a request from a local government and the adjacent roadway is not being 26
concurrently constructed or reconstructed, the local government shall: 27
(i) Provide public notice and opportunities for community 28
involvement prior to the construction of a sidewalk or bicycle pathway project; and 29
(ii) Secure any necessary right–of–way that may be needed beyond 30
the right–of–way already owned by the State. 31
(6) (i) Except as provided in subparagraph (ii) of this paragraph, [after] 32
THE ADMINISTRATION SHALL MAINTAIN AND REPAIR sidewalks and bicycle pathways 33
[are] constructed under this section[, they shall be maintained and repaired by the political 34
subdivision in which they are located]. 35
4 HOUSE BILL 263
(ii) [Subject to approval and the availability of funds, the 1
Administration promptly shall reimburse a political subdivision for the preapproved and 2
documented costs incurred in reconstructing a segment of a sidewalk or bicycle pathway 3
that has deteriorated to the extent that repair is not practical or desirable for public safety] 4
THE POLITICAL SUBDIVI SION IN WHICH A SIDEWALK OR BICYCLE PATHWAY 5
CONSTRUCTED UNDER TH IS SECTION IS LOCATED SHALL BE RES PONSIBLE FOR 6
REMOVING SNOW AND ICE FROM THE SIDEWALK OR BICYCLE PATHWAY . 7
8–631. 8
(A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , THE 9
ADMINISTRATION SHALL MAINTAIN AND REPAIR SIDEWALKS THAT ARE A DJACENT 10
TO STATE HIGHWAYS . 11
(B) THE POLITICAL SUBDIVI SION IN WHICH A SIDEWALK ADJACENT TO A 12
STATE HIGHWAY IS LOCATED SHALL BE RES PONSIBLE FOR REMOVING SNOW AND 13
ICE FROM THE SIDEWALK . 14
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
October 1, 2024. 16