EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. *hb0530* HOUSE BILL 530 R2, M1 4lr2017 CF 4lr1983 By: Delegate Boyce Introduced and read first time: January 24, 2024 Assigned to: Environment and Transportation A BILL ENTITLED AN ACT concerning 1 Maryland Trails Advisory Committee and the Maryland Office of Trails – 2 Establishment 3 (Great Maryland Trails Act) 4 FOR the purpose of establishing the Maryland Office of Trails in the Department of 5 Transportation to develop and maintain the Maryland Trails Network, advance the 6 development, maintenance, and use of trails in the State, develop a certain inventory 7 and database, and collect certain information regarding trails; authorizing the Office 8 to develop a program to recognize and promote trail towns in the State; establishing 9 a Director of the Maryland Office of Trails to oversee the Office and collaborate with 10 the Bicycle and Pedestrian Advisory Committee; establishing the Maryland Trails 11 Advisory Commission in the Department of Transportation to provide guidance to 12 State agencies regarding certain items related to trails; requiring the Commission to 13 designate a member of the Commission to serve as a liaison to the Bicycle and 14 Pedestrian Advisory Committee; requiring the Department of Natural Resources 15 and the Department of Planning to identify certain employees from their 16 departments to transfer to the Maryland Office of Trails; and generally relating to 17 the Maryland Office of Trails and the Maryland Trails Advisory Commission. 18 BY adding to 19 Article – Transportation 20 Section 2–901 through 2–904 to be under the new subtitle “Subtitle 9. Maryland 21 Office of Trails and Maryland Trails Advisory Commission” 22 Annotated Code of Maryland 23 (2020 Replacement Volume and 2023 Supplement) 24 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25 That the Laws of Maryland read as follows: 26 Article – Transportation 27 2 HOUSE BILL 530 SUBTITLE 9. MARYLAND OFFICE OF TRAILS AND MARYLAND TRAILS ADVISORY 1 COMMISSION. 2 2–901. 3 (A) IN THIS SUBT ITLE THE FOLLOWING W ORDS HAVE THE MEANIN GS 4 INDICATED. 5 (B) “COMMISSION” MEANS THE MARYLAND TRAILS ADVISORY 6 COMMISSION. 7 (C) “DIRECTOR” MEANS THE DIRECTOR OF THE MARYLAND OFFICE OF 8 TRAILS. 9 (D) “MARYLAND TRAILS NETWORK” MEANS A DESIGNATED S YSTEM OF 10 CONNECTED TRAILS THROUGHO UT THE STATE. 11 (E) “MARYLAND TRAILS PLAN” MEANS A STRATEGY FOR DEVELOPING , 12 CONSTRUCTING , MAINTAINING, USING, AND PROMOTING THE MARYLAND TRAILS 13 NETWORK. 14 (F) “OFFICE” MEANS THE MARYLAND OFFICE OF TRAILS. 15 (G) “REGIONALLY SIGNIFICAN T TRAIL” MEANS A MULTICOUNTY TRAIL 16 THAT: 17 (1) IS A MAIN CONNECTOR F OR OTHER TRAILS WITH IN THE 18 MARYLAND TRAILS NETWORK; 19 (2) IS PRIMARILY USED FOR TRANSPORTATION , RECREATION , OR 20 BOTH; 21 (3) SHOWCASES THE NATURAL VALUE OF THE STATE’S WILDLIFE 22 AREAS, ECOLOGY, AND NATURAL RESOURCE S; 23 (4) ATTRACTS TOURISTS ; AND 24 (5) PROVIDES OPPORTUNITIE S FOR ECONOMIC AND E COTOURISM 25 DEVELOPMENT . 26 (H) “TRAIL TOWN” MEANS A COMMUNITY LO CATED IN CLOSE PROXI MITY TO 27 A LONG–DISTANCE NONMOTORIZE D RECREATION TRAIL. 28 HOUSE BILL 530 3 2–902. 1 (A) (1) THERE IS A MARYLAND OFFICE OF TRAILS IN THE DEPARTMENT . 2 (2) THE PHYSICAL LOCATION OF THE OFFICE SHALL BE WITHI N THE 3 DEPARTMENT ’S HEADQUARTERS . 4 (B) THE OFFICE SHALL: 5 (1) DEVELOP AND MAINTAIN THE MARYLAND TRAILS PLAN TO 6 FACILITATE THE DEVEL OPMENT, CONSTRUCTION , MAINTENANCE , MANAGEMENT , 7 USE, AND PROMOTION OF THE MARYLAND TRAILS NETWORK; 8 (2) COORDINATE WITH THE F OLLOWING PERSONS TO IDENTIFY OR 9 ESTABLISH FUNDING SO URCES TO DEVELOP , CONSTRUCT , MAINTAIN, MANAGE, AND 10 PROMOTE THE MARYLAND TRAILS NETWORK: 11 (I) THE DEPARTMENT OF COMMERCE; 12 (II) THE DEPARTMENT OF DISABILITIES; 13 (III) THE STATE DEPARTMENT OF EDUCATION; 14 (IV) THE DEPARTMENT OF THE ENVIRONMENT ; 15 (V) THE MARYLAND DEPARTMENT OF HEALTH; 16 (VI) THE DEPARTMENT OF PLANNING; 17 (VII) THE DEPARTMENT OF NATURAL RESOURCES; 18 (VIII) THE MARYLAND STATE POLICE; 19 (IX) THE OFFICE OF TOURISM DEVELOPMENT ; 20 (X) RELEVANT FEDERAL AGEN CIES; 21 (XI) LOCAL GOVERNMENTS ; 22 (XII) THE DIRECTOR OF BICYCLE AND PEDESTRIAN ACCESS; 23 (XIII) RELEVANT METROPOLITAN PLANNING ORGANIZATIO NS; 24 AND 25 4 HOUSE BILL 530 (XIV) RELEVANT ADVOCACY OR ADVISORY GROUPS ; 1 (3) IDENTIFY AND SECURE G RANTS TO DEVELOP , CONSTRUCT, 2 MAINTAIN, MANAGE, AND PROMOTE THE MARYLAND TRAILS NETWORK; 3 (4) ESTABLISH CATEGORIES OF TRAILS , TAKING INTO 4 CONSIDERATION : 5 (I) TRAIL SURFACE TYPE , SUCH AS PAVED AND NA TURAL 6 SURFACE TRAILS ; 7 (II) TRAIL LOCATION , INCLUDING URBAN , SUBURBAN, AND 8 RURAL LOCATIONS ; 9 (III) WHETHER A TRAIL WILL BE USED FOR RECREATI ON, 10 TRANSPORTATION , OR BOTH; 11 (IV) THE MULTIPLE USES OF TRAILS, INCLUDING WALKING , 12 RUNNING, HIKING, BIKING, MICROMOBILITY , ASSISTIVE MOBILITY D EVICES, AND 13 HORSE RIDING; 14 (V) GUIDELINES FOR TRAIL STANDARDS, SUCH AS ADEQUATE 15 WIDTH FOR TWO –WAY USE AND THE GUIDELINES FOUND IN THE GUIDES OF THE 16 AMERICAN ASSOCIATION OF STATE HIGHWAY AND TRANSPORTATION OFFICIALS; 17 (VI) TRAIL OWNERSHIP AND M AINTENANCE; 18 (VII) ACCESSIBILITY; AND 19 (VIII) ANY OTHER CHARACTERIS TICS DETERMINED RELE VANT BY 20 THE OFFICE; 21 (5) COORDINATE WITH EACH MODAL ADMINISTRATION OF THE 22 DEPARTMENT AND LOCAL GOVERNMENTS TO ADVAN CE THE DEVELOPMENT O F A 23 ROBUST, MULTI–USE MARYLAND TRAILS NETWORK; 24 (6) ADVANCE THE DEVELOPME NT, MAINTENANCE , AND USE OF 25 TRAILS IN THE STATE BY: 26 (I) DEVELOPING APPROPRIATE POLICIES ; AND 27 HOUSE BILL 530 5 (II) PROVIDING INFORMATION TO AND COORDINATING THE 1 INTERACTION OF STATE AND LOCAL GOVER NMENTS; 2 (7) DEVELOP A PUBLICLY AV AILABLE STATEWIDE IN VENTORY AND 3 DATABASE OF TRAILS I N THE STATE THAT INCLUDES : 4 (I) ACTIVE AND PROPOSED TRAILS IN T HE STATE, INCLUDING 5 TRAILS IN THE PLAN , DESIGN, OR CONSTRUCTION PHAS E; AND 6 (II) TRAIL MAPS, DIRECTORIES, DATABASES, AND OTHER 7 RESOURCES THAT PROMO TE TRAILS AND TRAIL DEVELOPMENT ; 8 (8) MEASURE TRAIL USE AND THE EFFECT OF TRAIL USE ON: 9 (I) REDUCING TRAFFIC ; 10 (II) REDUCING GREENHOUSE G AS EMISSIONS; 11 (III) IMPROVING PUBLIC HEAL TH; 12 (IV) IMPROVING EQUITABLE A ND AFFORDABLE MOBILI TY 13 ACROSS THE STATE; AND 14 (V) ANY OTHER FACTORS THE OFFICE DETERMINES REL EVANT; 15 (9) IDENTIFY UTILITY AND RAIL C ORRIDORS THAT COULD BE USED AS 16 PART OF THE MARYLAND TRAILS NETWORK; 17 (10) IDENTIFY TRAIL GAPS T HAT SHOULD BE PRIORI TIZED FOR TRAIL 18 CONNECTION ; 19 (11) IDENTIFY REGIONALLY S IGNIFICANT TRAILS TH AT SHOULD BE 20 PRIORITIZED FOR INCL USION IN THE MARYLAND TRAILS NETWORK, WITH 21 CONSIDERATION GIVEN TO EQUITY AND ENVIRO NMENTAL IMPACTS ; AND 22 (12) IDENTIFY AND MAP OTHE R LAND AND WATERWAYS SUITABLE FOR 23 INCLUSION WITHIN THE MARYLAND TRAILS NETWORK. 24 (C) THE MARYLAND TRAILS NETWORK MAY INCLUDE TRAILS CONNECTED 25 BY SIDEWALKS OR ROAD WAYS IF THE SIDEWALK S OR ROADWAYS ARE NO T SUBJECT 26 TO HIGH LEVELS OF US E. 27 6 HOUSE BILL 530 (D) THE OFFICE MAY DEVELOP A PROGRAM TO RECOGNIZE AND PROMOTE 1 TRAIL TOWNS IN THE STATE. 2 (E) (1) THE OFFICE MAY NOT INCORP ORATE PRIVATE PROPER TY INTO 3 ANY SEGMENT OF THE MARYLAND TRAILS NETWORK UNLESS THE OFFICE OBTAINS 4 WRITTEN CONSENT FROM THE PROPERTY OWNER . 5 (2) IDENTIFICATION OR MAP PING OF LAND OR WATE RWAYS DOES 6 NOT CONSTITUTE INCLU SION OF THE LAND OR WATERWAYS IN THE MARYLAND 7 TRAILS NETWORK. 8 (F) STAFF FOR THE OFFICE SHALL HAVE EXP ERTISE IN: 9 (1) TRAIL PLANNING AND DE VELOPMENT ; 10 (2) MAPPING AND GIS SOFTWARE; 11 (3) STATE AND LOCAL LAND USE AND ZONING LAWS AND 12 REGULATIONS ; AND 13 (4) FINANCING AND BUDGET MANAGEMENT . 14 (G) FUNDING FOR TH E OFFICE SHALL BE AS PR OVIDED IN THE STATE 15 BUDGET. 16 2–903. 17 (A) THERE IS A DIRECTOR OF THE MARYLAND OFFICE OF TRAILS. 18 (B) (1) THE DIRECTOR SHALL BE APP OINTED BY THE COMMISSION. 19 (2) THE TERM OF THE DIRECTOR IS 6 YEARS, BEGINNING JULY 1 20 AFTER THE APPOI NTMENT OF THE DIRECTOR. 21 (3) AT THE END OF A TERM , THE DIRECTOR SHALL CONTIN UE TO 22 SERVE UNTIL A SUCCES SOR IS APPOINTED AND QUALIFIES. 23 (C) THE DIRECTOR MUST BE PROF ESSIONALLY QUALIFIED THROUGH 24 EXPERIENCE OR EDUCAT ION IN AT LEAST ONE OF THE FOLLOWING AREAS: 25 (1) ENVIRONMENTAL SCIENCE ; 26 (2) FINANCIAL ANALYSIS ; 27 HOUSE BILL 530 7 (3) LAW; 1 (4) NATURAL RESOURCES ; 2 (5) PUBLIC ADMINISTRATION ; OR 3 (6) TRANSPORTATION . 4 (D) THE DIRECTOR IS ENTITLED TO: 5 (1) THE SALARY PROVIDED I N THE STATE BUDGET ; AND 6 (2) REIMBURSEMENT FOR TRAVEL AND OTHER EXPENSES T HAT ARE 7 CONNECTED WITH THE D UTIES OF THE DIRECTOR. 8 (E) THE DIRECTOR SHALL : 9 (1) OVERSEE THE OFFICE; AND 10 (2) COLLABORATE WITH THE BICYCLE AND PEDESTRIAN ADVISORY 11 COMMITTEE TO COORDINA TE THE WORK OF THE OFFICE AND THE BICYCLE AND 12 PEDESTRIAN ADVISORY COMMITTEE. 13 2–904. 14 (A) THERE IS A MARYLAND TRAILS ADVISORY COMMISSION IN THE 15 DEPARTMENT . 16 (B) (1) SUBJECT TO PARAGRAPHS (2) AND (3) OF THIS SUBSECTION , THE 17 COMMISSION SHALL CONS IST OF THE FOLLOWING MEMBERS, APPOINTED BY THE 18 GOVERNOR: 19 (I) ONE REPRESENTATIVE OF THE DEPARTMENT OF 20 COMMERCE; 21 (II) ONE REPRESENTATIVE OF THE DEPARTMENT OF 22 DISABILITIES; 23 (III) ONE REPRESENTATIVE OF THE DEPARTMENT OF THE 24 ENVIRONMENT ; 25 8 HOUSE BILL 530 (IV) ONE REPRESENTATIVE OF THE MARYLAND DEPARTMENT 1 OF HEALTH; 2 (V) ONE REPRESENTATIVE OF THE DEPARTMENT OF 3 PLANNING; 4 (VI) ONE REPRESENTATIVE OF THE DEPARTMENT OF NATURAL 5 RESOURCES; 6 (VII) ONE REPRESENTATIVE OF THE DEPARTMENT OF 7 TRANSPORTATION ; 8 (VIII) ONE REPRESENTATIVE OF THE OFFICE OF TOURISM 9 DEVELOPMENT ; 10 (IX) ONE REPRESENTATIVE OF THE MARYLAND–NATIONAL 11 CAPITAL PARK AND PLANNING COMMISSION; 12 (X) ONE REPRESENTATIVE OF A METROPOLITAN PLANN ING 13 ORGANIZATION ; 14 (XI) ONE REPRESENTATIVE OF A RURAL REGIONAL PLA NNING 15 COUNCIL FOR AN AREA THAT IS NOT PART OF A METROPOLIT AN PLANNING 16 ORGANIZATION ; 17 (XII) ONE REPRESENTATIVE OF THE MARYLAND ASSOCIATION 18 OF COUNTIES; 19 (XIII) ONE REPRESENTATIVE OF THE MARYLAND MUNICIPAL 20 LEAGUE; 21 (XIV) ONE REPRESENTATIVE OF BIKE MARYLAND; 22 (XV) ONE REPRESENTATIVE OF MID–ATLANTIC OFF–ROAD 23 ENTHUSIASTS; 24 (XVI) ONE REPRESENTATIVE OF A REGIONAL TRAIL COA LITION; 25 (XVII) ONE REPRESENTATIVE OF A TRAIL ADVOCACY 26 ORGANIZATION ; 27 (XVIII) ONE CITIZEN MEMBER FR OM THE EASTERN SHORE; 28 HOUSE BILL 530 9 (XIX) ONE CITIZEN MEMBER FROM WESTERN MARYLAND; 1 (XX) ONE CITIZEN MEMBER FR OM SOUTHERN MARYLAND; 2 (XXI) TWO CITIZEN MEMBERS F ROM THE BALTIMORE 3 METROPOLITAN AREA ; 4 (XXII) TWO CITIZEN MEMBERS F ROM THE WASHINGTON 5 METROPOLITAN AREA ; AND 6 (XXIII) UP TO SIX CITIZEN MEMBERS WHO REPRESENT THE 7 INTERESTS OF BICYCLI STS, PEDESTRIANS , AND THE DISABLED COM MUNITY, 8 INCLUDING: 9 1. ONE REPRESENTATIVE OF INDIVIDUALS WHO ARE 10 VISUALLY IMPAIRED ; AND 11 2. ONE REPRESENTATIVE OF INDIVIDUALS WHO ARE 12 MOBILITY IMPAIRED . 13 (2) ONE OF THE CITIZEN ME MBERS APPOINTED UNDE R PARAGRAPH 14 (1) OF THIS SUBSECTION S HALL HAVE EXPERTISE IN BICYCLE AND PEDES TRIAN 15 SAFETY. 16 (3) THE TOTAL MEMBERSHIP OF THE COMMISSION MAY NOT EX CEED 17 30 MEMBERS. 18 (C) THE GOVERNOR SHALL DESIGN ATE THE CHAIR OF THE COMMISSION. 19 (D) (1) THE TERM OF A MEMBER IS 4 YEARS. 20 (2) THE TERMS OF MEMBERS ARE STAGGERED . 21 (3) AT THE END OF A TERM , A MEMBER CONTINUES T O SERVE UNTIL 22 A SUCCESSOR IS APPOI NTED AND QUALIFIES . 23 (4) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN SHALL 24 SERVE FOR THE REMAIN DER OF THE TERM OR U NTIL A SUCCESSOR IS APPOINTED 25 AND QUALIFIES. 26 (E) THE COMMISSION MAY ADOPT PROCEDURES NECESSARY TO ENSURE 27 THE ORDERLY TRANSACT ION OF BUSINESS. 28 10 HOUSE BILL 530 (F) THE COMMISSION SHALL HOLD REGULAR MEETINGS AS IT CONSIDERS 1 APPROPRIATE . 2 (G) A MEMBER OF THE COMMISSION: 3 (1) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF THE 4 COMMISSION; BUT 5 (2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER THE 6 STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET . 7 (H) THE DEPARTMENT SHALL COOR DINATE WITH THE FOLL OWING 8 ENTITIES TO PROVIDE STAFF, ADMINISTRATIVE SUPPO RT, AND OPERATING 9 EXPENSES FOR THE COMMISSION IN ACCORDA NCE WITH THE STATE BUDGET : 10 (1) THE OFFICE; 11 (2) THE DEPARTMENT OF COMMERCE; 12 (3) THE DEPARTMENT OF DISABILITIES; 13 (4) THE DEPARTMENT OF THE ENVIRONMENT ; 14 (5) THE MARYLAND DEPARTMENT OF HEALTH; 15 (6) THE DEPARTMENT OF PLANNING; AND 16 (7) THE DEPARTMENT OF NATURAL RESOURCES. 17 (I) THE COMMISSION SHALL PROV IDE GUIDANCE TO STATE AGENCIES 18 REGARDING: 19 (1) THE FUNDING OF TRAIL –RELATED PROGRAMS ; 20 (2) THE DEVELOPMENT AND M AINTENANCE OF THE MARYLAND 21 TRAILS PLAN; 22 (3) PUBLIC EDUCATION AND AWARENESS OF TRAIL –RELATED 23 ACTIVITIES AND TRAIL SAFETY; 24 (4) POLICY AND LEGISLATIV E CHANGES NECESSARY FOR TRAIL 25 DEVELOPMENT AND MAIN TENANCE; AND 26 HOUSE BILL 530 11 (5) ANY OTHER ISSUE DIREC TLY RELATED TO TRAIL PLANNING, 1 CONSTRUCTION , MAINTENANCE , OR USE. 2 (J) THE COMMISSION SHALL DESI GNATE A MEMBER OF TH E COMMISSION 3 TO SERVE AS A LIAISO N TO THE BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE. 4 (K) (1) ON OR BEFORE DECEMBER 1, 2024, AND EACH DECEMBER 1 5 THEREAFTER , THE COMMISSION SHALL SUBM IT A TRAILS REPORT T O THE 6 GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 7 ARTICLE, THE GENERAL ASSEMBLY. 8 (2) THE TRAILS REPORT SHA LL INCLUDE PLANS , PROGRESS, ISSUES, 9 AND PRIORITIES FOR T HE OFFICE, THE MARYLAND TRAILS PLAN, AND THE 10 MARYLAND TRAILS NETWORK. 11 SECTION 2. AND BE IT FURTHER ENACTED, That: 12 (a) The Department of Natural Resources and the Department of Planning shall 13 identify employees from their departments to transfer to the Maryland Office of Trails 14 established under Section 1 of this Act to provide part or all of the staffing for the Office. 15 (b) Employees identified under subsection (a) of this section shall: 16 (1) have expertise in: 17 (i) trail planning and development; 18 (ii) mapping and GIS software; 19 (iii) State and local land use and zoning laws and regulations; or 20 (iv) financing and budget management; and 21 (2) be transferred to the Maryland Office of Trails on or before July 1, 2024. 22 (c) Employees transferred to the Maryland Office of Trails under this section 23 shall be transferred without diminution of their rights, benefits, employment, or retirement 24 status. 25 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect June 26 1, 2024. 27