Maryland 2024 Regular Session

Maryland House Bill HB389 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	hb0389
6	6
7	7	HOUSE BILL 389
8	8	R1 4lr0999
9	9
10	10	By: Delegates Healey, Martinez, and Williams
11	11	Introduced and read first time: January 17, 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 Highways – Sidewalks and Bicycle Pathways – Maintenance and Repair 2
19	19
20	20	FOR the purpose of repealing a requirement that a political subdivision maintain and 3
21	21	repair certain sidewalks constructed by any developer of an industrial, commercial, 4
22	22	or apartment area along a highway maintained by the State Highway 5
23	23	Administration; repealing a requirement that a political subdivision maintain and 6
24	24	repair sidewalks and bicycle pathways constructed or reconstructed as part of the 7
25	25	construction or reconstruction of an urban highway or in response to the request of 8
26	26	a local government; and generally relating to maintaining and repairing sidewalks 9
27	27	and bicycle pathways. 10
28	28
29	29	BY repealing and reenacting, without amendments, 11
30	30	Article – Transportation 12
31	31	Section 8–629(a) and 8–630(b) and (c)(1) and (2) 13
32	32	Annotated Code of Maryland 14
33	33	(2020 Replacement Volume and 2023 Supplement) 15
34	34
35	35	BY repealing 16
36	36	Article – Transportation 17
37	37	Section 8–629(c) 18
38	38	Annotated Code of Maryland 19
39	39	(2020 Replacement Volume and 2023 Supplement) 20
40	40
41	41	BY repealing and reenacting, with amendments, 21
42	42	Article – Transportation 22
43	43	Section 8–630(c)(6) 23
44	44	Annotated Code of Maryland 24
45	45	(2020 Replacement Volume and 2023 Supplement) 25
46	46
47	47	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 26
48	48	That the Laws of Maryland read as follows: 27 2 HOUSE BILL 389
49	49
50	50
51	51
52	52	Article – Transportation 1
53	53
54	54	8–629. 2
55	55
56	56	(a) (1) With the concurrence of the local government, the Administration may 3
57	57	require any developer of an industrial, commercial, or apartment area along a highway 4
58	58	maintained by the Administration to construct sidewalks parallel to the highway. 5
59	59
60	60	(2) The construction of these sidewalks shall meet the conditions specified 6
61	61	in entrance permits and the standards adopted by the Administration or the local 7
62	62	government. 8
63	63
64	64	[(c) After sidewalks are constructed under this section, they shall be maintained 9
65	65	and repaired by the political subdivision in which they are located.] 10
66	66
67	67	8–630. 11
68	68
69	69	(b) (1) Sidewalks shall be constructed at the time of construction or 12
70	70	reconstruction of an urban highway, or in response to the request of a local government 13
71	71	unless: 14
72	72
73	73	(i) The Administration determines that the cost or impacts of 15
74	74	constructing the sidewalks would be too great in relation to the need for them or their 16
75	75	probable use; or 17
76	76
77	77	(ii) The local government indicates that there is no need for 18
78	78	sidewalks. 19
79	79
80	80	(2) Sidewalks constructed under this section shall be consistent with area 20
81	81	master plans and transportation plans adopted by the local planning commission. 21
82	82
83	83	(c) (1) If sidewalks or bicycle pathways are constructed or reconstructed as 22
84	84	part of a roadway construction or reconstruction project, the Administration shall fund the 23
85	85	sidewalk or bicycle pathway construction or reconstruction as a part of the cost of the 24
86	86	roadway project. 25
87	87
88	88	(2) Except as provided in paragraphs (3) and (4) of this subsection, if 26
89	89	sidewalks or bicycle pathways are constructed or reconstructed in response to a request 27
90	90	from a local government and the adjacent roadway is not being concurrently constructed or 28
91	91	reconstructed, the cost to construct or reconstruct the sidewalk or bicycle pathway shall be 29
92	92	shared equally between the State and local governments. 30
93	93
94	94	(6) [(i) Except as provided in subparagraph (ii) of this paragraph, after 31
95	95	sidewalks and bicycle pathways are constructed under this section, they shall be 32
96	96	maintained and repaired by the political subdivision in which they are located. 33
97	97	HOUSE BILL 389 3
98	98
99	99
100	100	(ii)] Subject to approval and the availability of funds, the 1
101	101	Administration promptly shall reimburse a political subdivision for the preapproved and 2
102	102	documented costs incurred in reconstructing a segment of a sidewalk or bicycle pathway 3
103	103	that has deteriorated to the extent that repair is not practical or desirable for public safety. 4
104	104
105	105	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 5
106	106	October 1, 2024. 6