EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0836*
HOUSE BILL 836
R1, M3 4lr1143
CF SB 681
By: Delegates Edelson, Embry, Foley, Holmes, J. Lewis, J. Long, Love,
Palakovich Carr, Ruth, Smith, Solomon, Taveras, Vogel, and Wilkins
Introduced and read first time: January 31, 2024
Assigned to: Appropriations and Environment and Transportation
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 8, 2024
CHAPTER ______
AN ACT concerning 1
Major Highway Capacity Expansion Projects – Impact Assessments and 2
Mitigation Plans Workgroup 3
(Transportation and Climate Alignment Act of 2024) 4
FOR the purpose of requiring the Department of Transportation, in consultation with the 5
Department of the Environment, to establish a process for performing major 6
highway capacity expansion project impact assessments; requiring the Department 7
of Transportation and a metropolitan planning organization to perform an impact 8
assessment under certain circumstances; requiring the Department of 9
Transportation to use the impact assessment to make a certain determination; 10
requiring the Department of Transportation and a metropolitan planning 11
organization to develop a certain mitigation plan under certain circumstances; 12
requiring the Department of Transportation to review for approval a mitigation 13
plan developed by a metropolitan planning organization; requiring the Department 14
of the Environment to develop a methodology for making a certain determination; 15
authorizing the Department of Transportation to restrict or redirect certain 16
funding that would have been allocated to the metropolitan planning organization 17
under certain circumstances; requiring the Department of Transportation or a 18
metropolitan planning organization to post certain information to its website; 19
establishing the Workgroup to Study Major Highway Capacity Expansion Projects; 20
and generally relating to major highway capacity expansion projects. 21
BY repealing and reenacting, without amendments, 22
Article – Environment 23 2 HOUSE BILL 836
Section 1–701(a)(1), (7), and (8) 1
Annotated Code of Maryland 2
(2013 Replacement Volume and 2023 Supplement) 3
BY repealing and reenacting, without amendments, 4
Article – Transportation 5
Section 2–103.1(a)(1), (2), and (4) 6
Annotated Code of Maryland 7
(2020 Replacement Volume and 2023 Supplement) 8
BY adding to 9
Article – Transportation 10
Section 2–901 through 2–907 2–906 to be under the new subtitle “Subtitle 9. Major 11
Highway Capacity Expansion Projects” 12
Annotated Code of Maryland 13
(2020 Replacement Volume and 2023 Supplement) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Environment 17
1–701. 18
(a) (1) In this section the following words have the meanings indicated. 19
(7) “Overburdened community” means any census tract for which three or 20
more of the following environmental health indicators are above the 75th percentile 21
statewide: 22
(i) Particulate matter (PM) 2.5; 23
(ii) Ozone; 24
(iii) National Air Toxics Assessment (NATA) diesel PM; 25
(iv) NATA cancer risk; 26
(v) NATA respiratory hazard index; 27
(vi) Traffic proximity; 28
(vii) Lead paint indicator; 29
(viii) National Priorities List Superfund site proximity; 30
(ix) Risk Management Plan facility proximity; 31 HOUSE BILL 836 3
(x) Hazardous waste proximity; 1
(xi) Wastewater discharge indicator; 2
(xii) Proximity to a Concentrated Animal Feeding Operation 3
(CAFO); 4
(xiii) Percent of the population lacking broadband coverage; 5
(xiv) Asthma emergency room discharges; 6
(xv) Myocardial infarction discharges; 7
(xvi) Low–birth–weight infants; 8
(xvii) Proximity to emitting power plants; 9
(xviii) Proximity to a Toxic Release Inventory (TRI) facility; 10
(xix) Proximity to a brownfields site; 11
(xx) Proximity to mining operations; and 12
(xxi) Proximity to a hazardous waste landfill. 13
(8) “Underserved community” means any census tract in which, according 14
to the most recent U.S. Census Bureau Survey: 15
(i) At least 25% of the residents qualify as low–income; 16
(ii) At least 50% of the residents identify as nonwhite; or 17
(iii) At least 15% of the residents have limited English proficiency. 18
Article – Transportation 19
2–103.1. 20
(a) (1) In this section the following words have the meanings indicated. 21
(2) “Capital project” means: 22
(i) Any project for which funds are expended for construction, 23
reconstruction, or rehabilitation of a transportation facility by the Department or of a 24
transportation facilities project by the Maryland Transportation Authority; or 25
4 HOUSE BILL 836
(ii) Capital equipment, as defined by the Secretary. 1
(4) “Major capital project” means any new, expanded, or significantly 2
improved facility or service that involves planning, environmental studies, design, 3
right–of–way, construction, or purchase of essential equipment related to the facility or 4
service. 5
SUBTITLE 9. MAJOR HIGHWAY CAPACITY EXPANSION PROJECTS. 6
2–901. 7
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 8
INDICATED. 9
(B) “CARBON DIOXIDE EQUIVA LENT” MEANS THE MEASUREMEN T OF A 10
GIVEN WEIGHT OF A GR EENHOUSE GAS THAT HA S THE SAME GLOBAL WA RMING 11
POTENTIAL, MEASURED OVER A SPEC IFIED PERIOD OF TIME , AS 1 METRIC TON OF 12
CARBON DIOXIDE . 13
(C) “GREENHOUSE GAS ” INCLUDES CARBON DIOX IDE, METHANE, NITROUS 14
OXIDE, HYDROFLUOROCARBONS , PERFLUOROCARBONS , AND SULFUR 15
HEXAFLUORIDE . 16
(D) “GREENHOUSE GAS EMISSI ONS” MEANS EMISSIONS OF G REENHOUSE 17
GASES IN THE STATE, MEASURED IN METRIC T ONS OF CARBON DIOXID E 18
EQUIVALENTS . 19
(E) “IMPACT ASSESSMENT ” MEANS A MAJOR HIGHWA Y CAPACITY 20
EXPANSION PROJECT IM PACT ASSESSMENT . 21
(F) “INDUCED DEMAND ” MEANS THE SITUATION THAT A RISES WHEN AN 22
EXPANDED ROAD BECOME S CONGESTED DUE TO A DDITIONAL DRIVERS US ING THE 23
ROAD BECAUSE IT WAS EXPANDED ANY INCREASE IN TRAV EL ARISING FROM 24
IMPROVED TRAVEL COND ITIONS. 25
(G) “MAJOR CAPITAL PROJECT ” HAS THE MEANING STAT ED IN § 2–103.1 26
OF THIS TITLE. 27
(H) (1) “MAJOR HIGHWAY CAPACIT Y EXPANSION PROJECT ” MEANS A 28
MAJOR CAPITAL PROJEC T: 29
(I) WHOSE TOTAL COST FOR ALL PHASES EXCEEDS 30
$10,000,000 $50,000,000; AND 31
(II) THAT: 32 HOUSE BILL 836 5
1. INCREASES HIGHWAY CAP ACITY;, INCLUDING GRADE 1
SEPARATION THAT INCR EASES HIGHWAY CAPACITY ; OR 2
2. IMPROVES HIGHWAY CAPA CITY THROUGH THE USE 3
OF INTELLIGENT TRANS PORTATION SYSTEMS OR CONGESTION MANAGEMEN T 4
SYSTEMS; OR 5
3. INCLUDES GRADE SEPARA TION AT AN 6
INTERSECTION . 7
(2) “MAJOR HIGHWAY CAPACIT Y EXPANSION PROJECT ” INCLUDES 8
ANY MAJOR CAPITAL PR OJECT THAT IS PART O F A GROUP OF MAJOR C APITAL 9
PROJECTS: 10
(I) THAT SATISFY THE REQU IREMENTS OF PARAGRAP H (1)(II) 11
OF THIS SUBSECTION ; 12
(II) THAT ARE CONTIGUOUS W ITH ONE ANOTHER ; AND 13
(III) WITH A COMBINED TOTAL COST TH AT EXCEEDS 14
$50,000,000. 15
(2) (3) “MAJOR HIGHWAY CAPACIT Y EXPANSION PROJECT ” DOES 16
NOT INCLUDE: 17
(I) PROJECTS A PROJECT IN THE MARYLAND AVIATION 18
ADMINISTRATION OR THE MARYLAND PORT ADMINISTRATION ; 19
(II) MAINTENANCE AND STORA GE FACILITIES PROJEC TS; 20
(III) WATER QUALITY IMPROVE MENT PROJECTS ; 21
(IV) PROJECTS RELATED TO MARYLAND’S PRIORITIES FOR 22
TOTAL MAXIMUM DAILY LOAD DEVELOPMENT ; 23
(V) PROJECTS A PROJECT THAT ARE IS SOLELY FOR SYSTEM 24
PRESERVATION ; OR 25
(VI) THE CONSTRUCTION OR R ECONSTRUCTION OF : 26
1. A HIGHWAY EXIT RAMP TH AT IS LESS THAN 2,500 27
FEET IN LENGTH DOES NOT INCREASE HI GHWAY CAPACITY ; 28
2. A BIKE LANE; OR 29 6 HOUSE BILL 836
3. A DEDICATED BUS LANE ; OR 1
4. A SIDEWALK. 2
(I) “OVERBURDENED COMMUNIT Y” HAS THE MEANING STAT ED IN § 1–701 3
OF THE ENVIRONMENT ARTICLE. 4
(J) “UNDERSERVED COMMUNITY ” HAS THE MEANING STAT ED IN § 1–701 5
OF THE ENVIRONMENT ARTICLE. 6
(K) (I) “VEHICLE MILES TRAVELE D” MEANS THE TOTAL NUMB ER OF 7
ON–ROAD MILES TRAVELED BY VEHICLES IN A GEO GRAPHIC REGION OVER A 8
1–YEAR PERIOD. 9
2–902. 10
(A) THE REQUIREMENTS OF T HIS SUBTITLE ARE IN ADDITION TO AND MAY 11
NOT SUPPLANT ANY HEA LTH AND SAFETY GOALS ESTABLISHED UNDER STATE OR 12
LOCAL LAWS OR REGULA TIONS. 13
(B) THIS SUBTITLE DOES NO T APPLY TO: 14
(1) A MAJOR HIGHWAY CAPACI TY EXPANSION PROJECT THAT WAS, 15
BEFORE JULY 1, 2024, SUBMITTED FOR APPROV AL FOR INCLUSION IN , OR FUNDED 16
FOR CONSTRUCTION UND ER: 17
(I) THE STATEWIDE TRANSPORTATION IMPROVEMENT 18
PROGRAM; OR 19
(II) A METROPOLITAN PLANNING ORGANIZATION 20
TRANSPORTATION IMPROVEMENT PROGRAM; OR 21
(III) THE CONSOLIDATED TRANSPORTATION PROGRAM; OR 22
(2) A MAJOR HIGHWAY CAPACI TY EXPANSION PROJECT FOR WHICH 23
AN ASSESSMENT COMPARABL E TO THE IMPACT ASSE SSMENT REQUIRED UNDE R 24
THIS SUBTITLE WAS PE RFORMED; 25
(3) A MAJOR HIGHWAY CAPACI TY EXPANSION PROJECT THAT, 26
BEFORE JULY 1, 2024, WAS APPROVED BY THE FEDERAL HIGHWAY 27
ADMINISTRATION IN ACC ORDANCE WITH THE NATIONAL ENVIRONMENTAL POLICY 28
ACT; OR 29
HOUSE BILL 836 7
(4) A MAJOR HIGHWAY CAPACI TY EXPANSION PROJECT THAT WAS 1
INCLUDED IN THE FINA L FISCAL YEAR 2024 TO FISCAL YEAR 2029 CONSOLIDATED 2
TRANSPORTATION PROGRAM. 3
2–903. 4
(A) THE DEPARTMENT , IN CONSULTATION WITH THE DEPARTMENT OF 5
THE ENVIRONMENT , SHALL ESTABLISH A PR OCESS FOR PERFORMING MAJOR 6
HIGHWAY CAPACITY EXP ANSION PROJECT IMPAC T ASSESSMENTS . 7
(B) (1) AN IMPACT ASSESSMENT SHALL INCLUDE AN ANA LYSIS AND 8
ESTIMATES OF A MAJOR HIGHWAY CAPACITY EXP ANSION PROJECT ’S: 9
(I) QUANTITATIVE NET CHANGE IN : 10
1. GREENHOUSE GAS EMISSI ONS FOR THE SIXTH YEAR 11
AFTER THE PROJECT IS COMPLETE PROJECT AREA ; AND 12
2. VEHICLE MILES TRAVELE D IN THE PROJECT ARE A 13
FOR THE SIXTH YEAR A FTER THE PROJECT IS COMPLETE; AND 14
(II) IMPACT ON GREENHOUSE GAS EMISSIONS AND VEH ICLE 15
MILES TRAVELED CAUSE D BY ANY INDUCED DEM AND CREATED BY THE P ROJECT. 16
(2) THE ANALYSIS AND ESTI MATES SPECIFIED UNDE R PARAGRAPH 17
(1)(II) OF THIS SUBSECTION S HALL BE DETERMINED U SING THE BEST AVAILA BLE 18
DATA AND MODELING TO OLS, SUCH AS: 19
(I) THE STATE HIGHWAY INDUCED FREQUENCY OF TRAVEL 20
CALCULATOR; 21
(II) THE NATIONAL CENTER FOR SUSTAINABLE 22
TRANSPORTATION ’S INDUCED TRAVEL CALCULATOR; OR 23
(III) ANY OTHER IMPACT ASSE SSMENT TOOL USED FOR 24
MEASURING INDUCED DE MAND FOR GRADE SEPAR ATION PROJECTS . 25
2–904. 26
(A) (1) THE DEPARTMENT SHALL PERF ORM AN IMPACT ASSESS MENT 27
FOR A MAJOR HIGHWAY CAPACITY EXPANSION P ROJECT BEFORE THE PROJECT 28
MAY BE CONSIDERED FO R INCLUSION IN THE STATEWIDE TRANSPORTATION 29
IMPROVEMENT PROGRAM OR THE CONSOLIDATED TRANSPORTATION PROGRAM. 30
8 HOUSE BILL 836
(2) A METROPOLITAN PLANNIN G ORGANIZATION SHALL : 1
(I) PERFORM AN IMPACT ASS ESSMENT FOR A MAJOR 2
HIGHWAY CAPACITY EXP ANSION PROJECT BEFOR E THE PR OJECT MAY BE 3
CONSIDERED FOR INCLU SION IN A METROPOLITAN PLANNING ORGANIZATION 4
TRANSPORTATION IMPROVEMENT PROGRAM; AND 5
(II) SUBMIT AN IMPACT ASSE SSMENT PERFORMED UND ER THIS 6
SECTION TO THE DEPARTMENT FOR REVIEW AND APPROVAL : 7
(1) BEFORE THE COMPLETION OF THE FEDERAL REVIE W PROCESS 8
FOR THE MAJOR HIGHWA Y CAPACITY EXPANSION PROJECT CONDUCTED IN 9
ACCORDANCE WITH THE NATIONAL ENVIRONMENTAL POLICY ACT; AND 10
(2) EARLY ENOUGH IN THE P ROJECT PLANNING STAG E TO ALLOW 11
FOR PROJECT ALTERATI ON. 12
(B) THE DEPARTMENT SHALL USE THE INFORM ATION COLLECTED IN T HE 13
IMPACT ASSESSMENT RE QUIRED IN SUBSECTION (A) OF THIS SECTION TO 14
DETERMINE WHETHER A MAJOR HIGHWAY CAPACI TY EXPANSION PROJECT MEETS 15
THE FOLLOWING REQUIR EMENTS: 16
(1) THE PROJECT WILL NOT INCREASE GREENHOUSE GAS 17
EMISSIONS; 18
(2) THE PROJECT WILL NOT INCREASE VEHICLE MIL ES TRAVELED; 19
(3) THE PROJECT CONFORMS WITH THE GREENHOUSE GAS 20
EMISSIONS REDUCTION TARGETS SPECIFIED IN § 2–1205 OF THE ENVIRONMENT 21
ARTICLE; AND 22
(4) THE PROJECT CONFORMS WITH THE VEHICLE MIL ES TRAVELED 23
REDUCTION TARGETS SP ECIFIED IN THE 2024 ANNUAL ATTAINMENT REPORT ON 24
TRANSPORTATION SYSTEM PERFORMANCE . 25
(C) (1) IF THE DEPARTMENT DETERMINES THAT A MAJOR HIGHWAY 26
CAPACITY EXPANSION P ROJECT DOES NOT SATISFY EACH REQUIRE MENT 27
SPECIFIED IN SUBSECT ION (B) OF THIS SECTION , THE DEPARTMENT OR , FOR AN 28
IMPACT ASSESSMENT PE RFORMED BY A METROPO LITAN PLANNING 29
ORGANIZATION , THE METROPOLITAN PLA NNING ORGANIZATION S HALL: 30
(I) ALTER THE SCOPE OR DE SIGN OF THE PRO JECT; 31
HOUSE BILL 836 9
(II) DEVELOP A MITIGATION PLAN IN ACCORDANCE W ITH § 1
2–905 OF THIS SUBTITLE ; OR 2
(III) HALT PROJECT DEVELOPM ENT AND OMIT THE PRO JECT 3
FROM THE RELEVANT TR ANSPORTATION IMPROVE MENT PROGRAM OR THE 4
CONSOLIDATED TRANSPORTATION PROGRAM. 5
(2) THE DEPARTMENT OR A METRO POLITAN PLANNING 6
ORGANIZATION SHALL P ERFORM SUBSEQUENT IM PACT ASSESSMENTS ON A MAJOR 7
HIGHWAY CAPACITY EXP ANSION PROJECT ALTER ED IN ACCORDANCE WIT H 8
PARAGRAPH (1) OF THIS SUBSECTION U NTIL THE DEPARTMENT DETERMINES THAT 9
THE PROJECT SATISF IES EACH REQUIREMENT SPECIFIED IN SUBSECT ION (B) OF 10
THIS SECTION. 11
2–905. 12
(A) IF THE DEPARTMENT DETERMINES THROUGH AN IMPACT AS SESSMENT 13
THAT A MAJOR HIGHWAY CAPACITY EXPANSION P ROJECT WILL RESULT I N A NET 14
INCREASE IN GREENHOU SE GAS EMISSIONS OR VEHICLE MILES TRAVELED AND 15
THE PROJECT IS NOT G OING TO BE ALTERED O R HALTED UNDER § 2–904(C) OF 16
THIS SUBTITLE , THE DEPARTMENT OR A METRO POLITAN PLANNING 17
ORGANIZATION SHALL D EVELOP AND IMPLEMENT A MITIGATION PLAN TO 18
ELIMINATE THE NET IN CREASE IN GREENHOUSE GAS EMISSIONS OR VEHICLE 19
MILES TRAVELED . 20
(B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A 21
MITIGATION PLAN DEVE LOPED UNDER THIS SEC TION SHALL INCLUDE O NE OR 22
MORE OF THE FOLLOWIN G MITIGATION ACTIONS : 23
(I) TRANSIT EXPANSION , INCLUDING: 24
1. REGULAR FIXED BUS ROUTES ; 25
2. ARTERIAL BUS RAPID TR ANSIT; 26
3. HIGHWAY BUS RAPID TRA NSIT; 27
4. RAIL TRANSIT; AND 28
5. INTERCITY PASSENGER R AIL; 29
(II) TRANSIT SERVICE IMPRO VEMENTS, INCLUDING: 30
1. INCREASED SERVICE LEV ELS; 31 10 HOUSE BILL 836
2. TRANSIT FARE REDUCTIONS OR I NCENTIVES; AND 1
3. TRANSIT PRIORITY TREA TMENTS; 2
(III) ACTIVE TRANSPORTATION INFRASTRUCTURE 3
IMPROVEMENTS , INCLUDING PROTECTED BICYCLE LANES OR PAT HWAYS; 4
(IV) SHARED SERVICES FOR M ANUAL OR ELECTRIC LO W SPEED 5
VEHICLES, INCLUDING ELECTRIC BICYCLE S AND SCOOTERS ; 6
(V) TRANSPORTATION DEMAND MANAGEMENT , INCLUDING: 7
1. VANPOOL AND SHARED VE HICLE PROGRAMS ; 8
2. TELEWORKING PROGRAMS ; AND 9
3. EXPANSION OF BROADBAN D ACCESS; 10
(VI) PARKING MANAGEMENT , INCLUDING: 11
1. REDUCTION OR ELIMINAT ION OF PARKING 12
REQUIREMENTS ; 13
2. PARKING COST ADJUSTME NTS; AND 14
3. ELIMINATION OF PARKIN G SUBSIDIES; 15
(VII) LAND USE IMPROVEMENTS , INCLUDING: 16
1. RESIDENTIAL AND OTHER DENSITY INCREASES ; 17
2. INFILL DEVELOPMENT ; AND 18
3. TRANSIT–ORIENTED DEVELOPMENT ; AND 19
(VIII) INFRASTRUCTURE IMPROV EMENTS RELATED TO 20
PEDESTRIANS OR TRAFF IC OPERATIONS, INCLUDING: 21
1. COMPLETE STREETS ; 22
2. REDUCED CONFLICT INTE RSECTIONS; 23
3. CROSSWALKS; 24
HOUSE BILL 836 11
4. MIXED–USE PATHS; 1
5. ROADWAY GEOMETRY WITH REDUCED DESIGN 2
SPEEDS; AND 3
6. BUFFERED AND SHELTERE D SIDEWALKS. 4
(2) A MITIGATION ACTION MA Y BE INCORPORATED IN THE 5
MITIGATION PLAN FOR A MAJOR HIGHWAY CAPA CITY EXPANSION PROJE CT IF: 6
(I) THE NECESSARY FUNDING SO URCES ARE IDENTIFIED AND 7
SUFFICIENT AMOUNTS A RE COMMITTED ; 8
(II) THE MITIGATION ACTION IS FOCUSED ON AREAS IN 9
ACCORDANCE WITH SUBS ECTION (C) OF THIS SECTION; AND 10
(III) PROCEDURES ARE ESTABL ISHED TO ENSURE THAT THE 11
MITIGATION ACTION CONFORMS WITH THE REQUIREMENTS UND ER § 2–904(B) OF 12
THIS SUBTITLE. 13
(C) (1) THE BENEFITS PROVIDED BY A MITIGATION ACTI ON SHALL 14
FOCUS ON AREAS IN TH E FOLLOWING ORDER OF PRIORITY: 15
(I) OVERBURDENED COMMUNIT IES OR UNDERSERVED 16
COMMUNITIES IMPACTED BY THE MAJOR HIGHWAY CAPACITY EXPANSION 17
PROJECT; 18
(II) AREAS WITHIN OR ASSOC IATED WITH AT LEAST ONE OF 19
THE COMMUNITIES IMPA CTED BY THE PROJECT ; 20
(III) OVERBURDENED COMMUNIT IES OR UNDERSERVED 21
COMMUNITIES ; 22
(IV) THE REGION IN WHICH T HE MAJOR HIGHW AY CAPACITY 23
EXPANSION PROJECT IS LOCATED; OR 24
(V) BENEFITS TO THE ENTIR E STATE. 25
(2) THE DEPARTMENT OR A METRO POLITAN PLANNING 26
ORGANIZATION SHALL I NCLUDE IN A MITIGATI ON PLAN AN EXPLANATI ON ON THE 27
FEASIBILITY OF AND R ATIONALE FOR SELECTI NG A MITIGATION ACTION LO CATED 28
IN AN AREA SPECIFIED IN PARAGRAPH (1)(III) THROUGH (V) OF THIS SUBSECTION . 29
12 HOUSE BILL 836
(D) (1) A METROPOLITAN PLANNIN G ORGANIZATION SHALL SUBMIT A 1
MITIGATION PLAN DEVE LOPED UNDER THIS SEC TION TO THE DEPARTMENT FOR 2
REVIEW AND APPROVAL . 3
(2) (I) THE DEPARTMENT SHALL APPR OVE A MITIGATION PLA N IF 4
THE DEPARTMENT DETERMINES THAT THE MITIGATION PLAN COMPLIES WITH 5
THIS SECTION AND THE REQUIREMENTS UNDER § 2–904(B) OF THIS SUBTITLE. 6
(II) THE DEPARTMENT OF THE ENVIRONMENT SHALL 7
DEVELOP A METHOD OLOGY FOR THE DEPARTMENT TO DETERMI NE IF A 8
MITIGATION PLAN FOR A MAJOR HIGHWAY CAPA CITY EXPANSION PROJE CT IS 9
SUFFICIENT FOR REDUC ING GREENHOUSE GAS E MISSIONS. 10
(3) (I) IF THE DEPARTMENT DOES NOT A PPROVE A 11
METROPOLITAN PLANNIN G ORGANIZATION ’S MITIGATION PLAN SUBMITTED UNDER 12
THIS SECTION, THE METROPOLITAN PLA NNING ORGANIZATION S HALL ADDRESS 13
ANY ISSUES RAISED BY THE DEPARTMENT AND RESUBM IT THE PLAN TO THE 14
DEPARTMENT FOR APPROV AL. 15
(II) IF A METROPOLITAN PLA NNING ORGANIZATION ’S 16
RESUBMITTED MITIGATI ON PLAN STILL DOES NOT CONFO RM WITH THE 17
REQUIREMENTS OF THIS SECTION AND § 2–904(B) OF THIS SUBTITLE , THE 18
DEPARTMENT MAY RESTRI CT AND REDIRECT ANY FUNDING THAT WOULD H AVE 19
BEEN ALLOCATED BY TH E DEPARTMENT TO THE MET ROPOLITAN PLANNING 20
ORGANIZATION , INCLUDING FUNDIN G FROM: 21
1. THE CONGESTION MITIGATION AND AIR QUALITY 22
PROGRAM; AND 23
2. SURFACE TRANSPORTATION BLOCK GRANTS. 24
2–906. 25
THE 26
2–905. 27
THE DEPARTMENT OR A METROPOLITAN PL ANNING ORGANIZATION SHALL 28
PUBLISH ON ITS WEBSI TE THE FOLLOWING INF ORMATION FOR EACH IM PACT 29
ASSESSMENT THE DEPARTMENT OR METROPOLITAN PLAN NING ORGANIZATION 30
PERFORMS: 31
(1) A SUMMARY OF THE MAJOR HIGHWAY CAPACITY EXP ANSION 32
PROJECT AND AN OVERV IEW OF THE IMPACT AS SESSMENT, INCLUDING: 33 HOUSE BILL 836 13
(I) THE ESTIMATED QUANTIT ATIVE NET CHANGE IN : 1
1. GREENHOUSE GAS EMISSI ONS FOR THE SIXTH YEAR 2
AFTER THE PROJECT IS COMPLETE PROJECT AREA ; AND 3
2. VEHICLE MILES TRAVELE D IN THE PROJECT ARE A 4
FOR THE SIXTH YEAR A FTER THE PROJECT IS COMPLETE; AND 5
(II) THE STATUS OF THE PRO JECT; AND 6
(III) THE AMOUNT OF FUNDING ALLOCATED TO ANY 7
MITIGATION ACTIONS R ELATED TO THE PROJEC T; AND 8
(2) THE INDUCED DEMAND TRAFFIC MODEL AND ME THODOLOGY 9
THE DEPARTMENT OR METROPOLITAN PLAN NING ORGANIZATION USED TO ASSESS 10
A MAJOR HIGHWAY CAPA CITY EXPANSION PROJE CT’S IMPACT ON GREENHOU SE 11
GAS EMISSIONS AND VE HICLE MILES TRAVELED . 12
2–907. 2–906. 13
THE DEPARTMENT MAY ADOPT REGULATIONS TO CARRY OUT THIS 14
SUBTITLE. 15
SECTION 2. AND BE IT FURTHER ENACTED, That: 16
(a) There is a Workgroup to Study Major Highway Capacity Expansion Projects. 17
(b) The Workgroup consists of the following members: 18
(1) two members of the Senate of Maryland, appointed by the President of 19
the Senate; 20
(2) two members of the House of Delegates, appointed by the Speaker of 21
the House; 22
(3) the Secretary of Transportation, or the Secretary’s designee; 23
(4) the State Highway Administrator, or the Administrator’s designee; 24
(5) the Executive Director of the Maryland Transportation Authority, or 25
the Executive Director’s designee; 26
(6) the Secretary of the Environment, or the Secretary’s designee; 27
14 HOUSE BILL 836
(7) one representative of the environmental advocacy community, 1
appointed by the President of the Senate; 2
(8) one representative of the environmental advocacy community, 3
appointed by the Speaker of the House; 4
(9) one representative of a transportation industry organization, 5
appointed by the Governor; 6
(10) one representative of the Baltimore Regional Transportation Board, 7
designated by the Board; and 8
(11) one representative of the Metropolitan Washington Council of 9
Governments, designated by the Executive Director of the Council. 10
(c) The Secretary of Transportation shall designate the chair of the Workgroup. 11
(d) The Department of Transportation shall provide staff for the Workgroup. 12
(e) A member of the Workgroup: 13
(1) may not receive compensation as a member of the Workgroup; but 14
(2) is entitled to reimbursement for expenses under the Standard State 15
Travel Regulations, as provided in the State budget. 16
(f) The Workgroup shall study and make recommendations related to impact 17
assessments and mitigation plans for major highway capacity expansion projects, 18
including: 19
(1) the existing approach for assessing greenhouse gas emissions and 20
vehicle miles traveled for highway projects reviewed in accordance with the National 21
Environmental Policy Act; 22
(2) a definition for “induced demand” and methods for evaluating induced 23
demand in assessments that measure greenhouse gas emis sions and vehicle miles 24
traveled; 25
(3) the role of metropolitan planning organizations and transportation 26
management associations in supporting assessments that measure greenhouse gas 27
emissions and vehicle miles traveled for transportation projects; 28
(4) appropriate mitigation strategies and approaches that should be 29
implemented to reduce greenhouse gas emissions and vehicle miles traveled for major 30
highway capacity expansion projects when an impact assessment shows that the project 31
does not meet the emissions requirements under Section 1 of this Act; and 32
HOUSE BILL 836 15
(5) how process and regional considerations should factor into the review 1
process of a project, including the role of nonurban projects and the alignment of project 2
requirements with future project prioritization efforts. 3
(g) On or before December 1, 2024, the Workgroup shall report its findings and 4
recommendations to the General Assembly in accordance with § 2–1257 of the State 5
Government Article. 6
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 7
July 1, 2024. Section 2 of this Act shall remain effective for a period of 1 year and, at the 8
end of June 30, 2025, Section 2 of this Act, with no further action required by the General 9
Assembly, shall be abrogated and of no further force and effect. 10
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.