EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[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.
*sb0902*
SENATE BILL 902
M1, R1, C4 4lr1989
CF HB 1129
By: Senator Lewis Young
Introduced and read first time: February 2, 2024
Assigned to: Education, Energy, and the Environment and Budget and Taxation
Committee Report: Favorable with amendments
Senate action: Adopted with floor amendments
Read second time: March 3, 2024
CHAPTER ______
AN ACT concerning 1
Wildlife – Protections and Highway Crossings 2
FOR the purpose of requiring the Department of Natural Resources, in collaboration with 3
the State Highway Administration, to identify and prioritize certain species whose 4
habitat or movement corridors intersect with State highways and develop tools, 5
technology, and techniques to identify certain State highway infrastructure 6
locations; requiring the Department of Natural Resources to take certain actions 7
regarding a statewide deer population survey on or before certain dates under 8
certain circumstances; requiring the Department of Transportation State Highway 9
Administration, in consultation with the Department of Natural Resources, to 10
update certain design guidance to incorporate certain design concepts on or before a 11
certain date; requiring authorizing the State Highway Administration to consult 12
with the Department of Natural Resources on the design , rehabilitation, or 13
replacement of certain bridges, culverts, and State highways; establishing certain 14
requirements for the construction of certain bridges, culverts, and State highways; 15
requiring the State Highway Administration to consult with the Department of 16
Natural Resources regarding the replacement or renovation of certain bridges and 17
culverts; establishing the Wildlife Highway Crossings Fund as a special, nonlapsing 18
fund; requiring interest earnings of the Fund to be credited to the Fund; requiring 19
the Secretary of Natural Resources and the Secretary of Transportation State 20
Highway Administrator to each designate an interagency liaison officer to coordinate 21
certain activities; requiring the State Highway Administration to identify and apply 22
for certain funding; requiring each automobile insurance provider to charge a certain 23
fee; requiring the Department of Transportation to develop a process for each 24
automobile insurance provider to remit the fee to the Fund the Department of 25 2 SENATE BILL 902
Natural Resources to develop a website to be used for accepting donations for certain 1
purposes; and generally relating to wildlife protection. 2
BY repealing and reenacting, without amendments, 3
Article – Natural Resources 4
Section 10–2A–01(a), (d), and (l) 5
Annotated Code of Maryland 6
(2023 Replacement Volume and 2023 Supplement) 7
BY repealing and reenacting, with amendments, 8
Article – Natural Resources 9
Section 10–2A–01(d) and (l) 10
Annotated Code of Maryland 11
(2023 Replacement Volume and 2023 Supplement) 12
BY adding to 13
Article – Natural Resources 14
Section 10–2A–06.2 15
Annotated Code of Maryland 16
(2023 Replacement Volume and 2023 Supplement) 17
BY repealing and reenacting, without amendments, 18
Article – State Finance and Procurement 19
Section 6–226(a)(2)(i) 20
Annotated Code of Maryland 21
(2021 Replacement Volume and 2023 Supplement) 22
BY repealing and reenacting, with amendments, 23
Article – State Finance and Procurement 24
Section 6–226(a)(2)(ii)189. and 190. 25
Annotated Code of Maryland 26
(2021 Replacement Volume and 2023 Supplement) 27
BY adding to 28
Article – State Finance and Procurement 29
Section 6–226(a)(2)(ii)191. 30
Annotated Code of Maryland 31
(2021 Replacement Volume and 2023 Supplement) 32
BY repealing and reenacting, without amendments, 33
Article – Transportation 34
Section 8–101(a), (i), and (q) 35
Annotated Code of Maryland 36
(2020 Replacement Volume and 2023 Supplement) 37
BY adding to 38
Article – Transportation 39 SENATE BILL 902 3
Section 17–302 1
Annotated Code of Maryland 2
(2020 Replacement Volume and 2023 Supplement) 3
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4
That the Laws of Maryland read as follows: 5
Article – Natural Resources 6
10–2A–01. 7
(a) In this subtitle the following words have the meanings indicated. 8
(d) (1) [“Endangered] EXCEPT AS PROVIDED IN § 10–2A–06.2 OF THIS 9
SUBTITLE, “ENDANGERED species” means any species whose continued existence as a 10
viable component of the State’s wildlife or plants is determined to be in jeopardy. 11
(2) “Endangered species” includes any species of wildlife or plant 12
determined to be an “endangered species” pursuant to the Endangered Species Act. 13
(l) [“Threatened] EXCEPT AS PROVIDED IN § 10–2A–06.2 OF THIS SUBTITLE, 14
“THREATENED species” means any species of wildlife or plants which appears likely, 15
within the foreseeable future, to become endangered including any species of wildlife or 16
plant determined to be a “threatened species” pursuant to the Endangered Species Act. 17
10–2A–06.2. 18
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 19
INDICATED. 20
(2) “ENDANGERED SPECIES ” MEANS A WILDLIFE SPE CIES LISTED BY 21
THE DEPARTMENT AS AN ENDA NGERED SPECIES HAS THE MEANING STAT ED IN § 22
10–2A–01 OF THIS SUBTITLE. 23
(3) “FUND” MEANS THE WILDLIFE HIGHWAY CROSSINGS FUND. 24
(4) “SPECIES OF GREATEST CONSERVATION NEED” MEANS A 25
WILDLIFE SPECIES IDE NTIFIED BY THE DEPARTMENT AS A SPECI ES OF GREATEST 26
CONSERVATION NEED IN THE MARYLAND STATE WILDLIFE ACTION PLAN. 27
(5) “STATE HIGHWAY ” HAS THE MEANING STAT ED IN § 8–101 OF THE 28
TRANSPORTATION ARTICLE. 29
4 SENATE BILL 902
(6) “THREATENED SPECIES ” MEANS A WILDLIFE SPE CIES LISTED BY 1
THE DEPARTMENT AS A THREATE NED SPECIES HAS THE MEANING STAT ED IN § 2
10–2A–01 OF THIS SUBTITLE. 3
(B) THE DEPARTMENT , IN COLLABORATION WIT H THE STATE HIGHWAY 4
ADMINISTRATION , SHALL: 5
(1) IDENTIFY AND PRIORITIZE THREATENED SPECIES , AND 6
ENDANGERED SPECIES , AND SPECIES OF GREATEST CONSERVATION NEED WHOSE 7
HABITAT OR MOVEMENT CORRIDORS INTERSECT WITH STATE HIGHWAYS ; 8
(2) (I) ON OR BEFORE OCTOBER 1, 2024, DESIGNATE WHICH 9
SPECIES IDENTIFIED I N ITEM (1) OF THIS SUBSECTION A RE PRIORITIES FOR 10
CONNECTING HABITATS OR PREVENTING COLLISION S BETWEEN VEHICLES A ND 11
WILDLIFE; AND 12
(II) GIVE SPECIAL CONSIDER ATION TO THREATENED SPECIES 13
AND ENDANGERED SPECI ES THAT ARE REPTILES AND AMPHIBIANS IN ID ENTIFYING 14
AND PRIORITIZING SPE CIES UNDER THIS ITEM (1) OF THIS SUBSECTION ; AND 15
(3) DEVELOP SUBJECT TO THE AVAILA BILITY OF FUNDING , DEVELOP 16
ANY MAPS, TOOLS, TECHNOLOGY , AND TECHNIQUES NECES SARY TO IDENTIFY 17
LOCATIONS WHERE NEW OR ALTERED STATE HIGHWAY INFRAST RUCTURE COULD : 18
(I) RECONNECT HABITAT OR MOVEMENT CORRIDORS F OR 19
SPECIES IDENTIFIED DESIGNATED UNDER ITEM (1) (2) OF THIS SUBSECTION ; AND 20
(II) REDUCE COLLISIONS BET WEEN VEHICLES AND WI LDLIFE. 21
(C) (1) ON OR BEFORE NOVEMBER 1, 2024, THE DEPARTMENT SHALL 22
DEVELOP A METHODOLOG Y AND A COST ESTIMAT E FOR PERFORMING A S TATEWIDE 23
DEER POPULATION SURV EY. 24
(2) THE (I) SUBJECT TO THE AVAILA BILITY OF FUNDING , THE 25
DEPARTMENT SHALL : 26
(I) 1. COMPLETE THE STATEWID E DEER POPULATION 27
SURVEY REQUIRED UNDE R THIS SUBSECTION ON OR BEFORE NOVEMBER 1, 2026; 28
(II) 2. DEVELOP DEER POPULATION HABITAT M APS BASED 29
ON THE RESULTS OF TH E SURVEY; 30
(III) 3. PROVIDE THE SURVEY DA TA AND HABITAT MAPS TO 31
THE STATE HIGHWAY ADMINISTRATION TO ASS IST WITH IDENTIFYING AREAS 32 SENATE BILL 902 5
WHERE WILDLIFE CROSS INGS OR WILDLIFE –VEHICLE COLLISION MI TIGATION 1
PROJECTS WILL REDUCE COLLIS IONS BETWEEN VEHICLE S AND DEER; AND 2
(IV) 4. SUBJECT TO AVAILABILI TY, USE USE FUNDING FROM 3
THE FUND TO COVER THE COS TS OF IMPLEMENTING T HIS SUBSECTION . 4
(II) IN DEVELOPING DEER PO PULATION HABITAT MAP S UNDER 5
SUBPARAGRAPH (I)1 OF THIS PARAGRAPH , THE DEPARTMENT MAY COMBIN E DEER 6
POPULATION SURVEY DA TA WITH OTHER AVAILA BLE DATA TO MORE PRE CISELY 7
IDENTIFY PRIORITY LO CATIONS FOR WILDLIFE CROSSINGS. 8
(III) IF AVAILABLE FUNDING IS INSUFFICIENT TO C ONDUCT THE 9
STATEWIDE DEER POPUL ATION SURVEY REQUIRED UNDER THIS SUBSECTION , THE 10
DEPARTMENT MAY CONDUC T REGIONAL OR HOTSPO T SURVEYS. 11
(D) ON OR BEFORE JUNE 30, 2026, THE DEPARTMENT OF 12
TRANSPORTATION STATE HIGHWAY ADMINISTRATION , IN CONSULTATION WITH 13
THE DEPARTMENT , SHALL UPDATE ANY APPLICABL E DESIGN GUIDANCE , 14
INCLUDING THE TECHNICAL DESIGN STANDARDS IN THE STATE HIGHWAY 15
ADMINISTRATION ACCESS MANUAL, TO INCORPORATE DESIG N CONCEPTS FOR 16
WILDLIFE PASSAGE FEATURES AND RELATED PLAN AND SPECIFICATI ON 17
STANDARDS DEVELOP DESIGN GUIDE LINES FOR BRIDGES , CULVERTS, AND ROADS 18
THAT WILL IMPROVE PA SSAGE FOR SPECIES DE SIGNATED UNDER SUBSE CTION 19
(B)(2) OF THIS SECTION. 20
(E) (1) THE ON COMPLETION OF THE DESIGN GUIDELINES RE QUIRED 21
UNDER SUBSECTION (D) OF THIS SECTION, THE STATE HIGHWAY ADMINISTRATION 22
SHALL CONSIDER THE DESIGN GUIDELI NES AND MAY CONSULT WITH THE 23
DEPARTMENT ON THE DES IGN OF ALL NEW, REHABILITATION , OR REPLACEMENT OF 24
BRIDGES, CULVERTS, OR STATE HIGHWAYS THAT COULD REASONABLY BE 25
EXPECTED TO CAUSE HA BITAT FRAGMENTATION FOR A TERRESTRIAL THREATEN ED 26
SPECIES, ENDANGERED SPECIES, OR SPECIES OF GREATEST CONSERVATION NEED 27
INTERSECT THE HABITA T OF A SPECIES DESIG NATED UNDER SUBSECTI ON (B)(2) OF 28
THIS SECTION. 29
(2) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 30
PARAGRAPH , ANY NEW BRIDGE , CULVERT, OR STATE HIGHWAY CONSTRUCTED 31
ALONG A WATERWAY IN THE STATE THAT CAUSES HAB ITAT FRAGMENTATION F OR A 32
TERRESTRIAL THREATEN ED SPECIES, ENDANGERED SPECIES , OR SPECIES OF 33
GREATEST CONSERVATION NEED SHALL INCLUDE A PRESERVED OR RESTORE D 34
NATURAL BANK OF SUFF ICIENT WIDTH TO ALLOW THE SPECIES TO SAFELY PASS 35
THROUGH OR ALONG THE BRIDGE, CULVERT, OR STATE HIGHWAY . 36
6 SENATE BILL 902
(II) IF A NATURAL BANK IS NOT PRESENT OR FEASI BLE TO 1
PRESERVE OR RESTORE , THE CONSTRUCTION OF A NEW BRIDGE , CULVERT, OR 2
STATE HIGHWAY ALONG A WATERWAY SHALL INCLU DE THE CREATION OF A N 3
ARTIFICIAL BANK OR S HELF OF SUFFICIENT W IDTH TO ALLOW A TERR ESTRIAL 4
THREATENED SPECIES , ENDANGERED SPECIES , OR SPECIES OF GREATEST 5
CONSERVATION NEED TO SAFELY PASS T HROUGH OR ALONG THE BRIDGE, 6
CULVERT, OR STATE HIGHWAY . 7
(III) THE STATE HIGHWAY ADMINISTRATION SHALL DEVELOP 8
ADDITIONAL APPROPRIA TE MEASURES AS NECES SARY TO ENCOURAGE A 9
TERRESTRIAL THREATEN ED SPECIES, ENDANGERED SPECIES , OR SPECIES OF 10
GREATEST CONSERVATION NEED TO SAFELY PASS T HROUGH OR ALONG A BR IDGE, 11
CULVERT, OR STATE HIGHWAY. 12
(3) (I) WHEN PLANNING FOR THE REPLACEMENT OR RENOV ATION 13
OF AN EXISTING BRIDG E OR CULVERT DUE TO DAMAGE OR DETERIORAT ION, THE 14
STATE HIGHWAY ADMINISTRATION SHALL CONSULT WITH THE DEPARTMENT TO 15
DETERMINE WHETHER MO DIFICATIONS TO THE B RIDGE OR CULVERT DESIGN 16
COULD: 17
1. CONNECT HABITAT FOR T ERRESTRIAL THREATENE D 18
SPECIES, ENDANGERED SPECIES , OR SPECIES OF GREATEST CONSERVATION NEED; 19
OR 20
2. PROVIDE SAFER WILDLIF E CROSSINGS AND REDU CE 21
COLLISIONS BETWEEN V EHICLES AND WILDLIFE . 22
(II) THE STATE HIGHWAY ADMINISTRATION SHALL 23
INCORPORATE INTO THE DESIGN OF A BRIDGE O R CULVERT BEING REPL ACED OR 24
RENOVATED DUE TO DAM AGE OR DETERIORATION ANY MODIFICATIONS ID ENTIFIED 25
UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH TH AT DO NOT SIGNIFICAN TLY 26
INCREASE THE PR OJECT COST OR TIMELI NE NOTHING IN THIS SUBSE CTION MAY BE 27
CONSTRUED TO REQUIRE THE STATE HIGHWAY ADMINISTRATION TO INC ORPORATE 28
INTO THE DESIGN , REHABILITATION , OR REPLACEMENT OF A BRIDGE, CULVERT, OR 29
STATE HIGHWAY ANY DES IGN ELEMENTS RECOMME NDED IN THE DESI GN 30
GUIDELINES REQUIRED UNDER SUBSECTION (D) OF THIS SECTION THAT : 31
(I) SIGNIFICANTLY INCREAS E THE PROJECT COST O R 32
TIMELINE; OR 33
(II) ARE UNREASONABLE , UNFEASIBLE, OR NOT IN 34
ACCORDANCE WITH RELE VANT SAFETY STANDARD S AND ENGINEERING BE ST 35
PRACTICES. 36
SENATE BILL 902 7
(F) (1) THERE IS A WILDLIFE HIGHWAY CROSSINGS FUND. 1
(2) THE PURPOSE OF THE FUND IS TO PROTECT : 2
(I) ANY TERRESTRIAL OR SEMIAQUATIC THREATENED 3
SPECIES, ENDANGERED SPECIES , OR SPECIES OF GREATEST CONSERVATION NEED 4
WHOSE HABITAT OR MOV EMENT CORRIDORS IN TERSECT WITH A STATE HIGHWAY ; 5
AND 6
(II) MOTORISTS AND WILDLIF E IN THE STATE BY REDUCING 7
COLLISIONS BETWEEN V EHICLES AND WILDLIFE . 8
(3) THE DEPARTMENT , IN CONSULTATION WITH THE STATE 9
HIGHWAY ADMINISTRATION , SHALL ADMINISTER THE FUND. 10
(4) (I) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT 11
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 12
(II) THE STATE TREASURER SHALL HOLD THE FUND 13
SEPARATELY, AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 14
(5) THE FUND CONSISTS OF : 15
(I) REVENUE DISTRIBUTED T O THE FUND UNDER § 17–302 OF 16
THE TRANSPORTATION ARTICLE; 17
(II) ANY FEDERAL FUNDING A WARDED TO THE STATE FOR 18
WILDLIFE CROSSINGS , HABITAT CONNECTIVITY , OR PREVENTION OF COL LISIONS 19
BETWEEN VEHICLES AND WILDLIFE, INCLUDING FUNDING AWARDED TO THE STATE 20
UNDER THE FEDERAL INFRASTRUCTURE INVESTMENT AND JOBS ACT; 21
(III) MONEY APPROPRIATED IN THE STATE BUDGET TO THE 22
FUND; 23
(IV) (II) INTEREST EARNINGS OF THE FUND; AND 24
(V) (III) ANY OTHER MONEY FROM ANY OTHER SOURCE 25
ACCEPTED FOR T HE BENEFIT OF THE FUND. 26
(6) THE FUND MAY BE USED TO : 27
(I) ADVANCE WILDLIFE CROS SING OR WILDLIFE –VEHICLE 28
COLLISION MITIGATION PROJECTS JOINTLY IDE NTIFIED AND PRIORITI ZED BY THE 29
DEPARTMENT AND THE STATE HIGHWAY ADMINISTRATION ; 30 8 SENATE BILL 902
(II) ASSIST WITH PREPARATI ONS NECESSARY FOR TH E 1
PROJECTS SPECIFIED U NDER ITEM (I) OF THIS PARAGRAPH , INCLUDING DATA 2
COLLECTION, FEASIBILITY STUDIES , AND PROJECT DESIGN , AND ENGINEERING , 3
WHICH MAY INCLUDE HY DRAULIC ANALYSIS AND SIZING; 4
(III) DEVELOP METHODS AND TOOLS FOR IDENTI FYING 5
LOCATIONS WHERE WILD LIFE CROSSING OR WIL DLIFE–VEHICLE COLLISION 6
MITIGATION PROJECTS WOULD: 7
1. REDUCE COLLISIONS BET WEEN VEHICLES AND 8
WILDLIFE; OR 9
2. CONNECT HABITATS OF T ERRESTRIAL OR 10
SEMIAQUATIC THREATENED SPECIES , ENDANGERED SPECIES , OR SPECIES OF 11
GREATEST CONSERVATION NEED; 12
(IV) DEVELOP REGIONAL OR S TATEWIDE HABITAT MAP S OF THE 13
SPECIES IDENTIFIED A ND PRIORITIZED IN AC CORDANCE WITH SUBSEC TION (B) OF 14
THIS SECTION TO IMPR OVE HABITAT CONNECTI VITY OR REDUCE COLLI SIONS 15
BETWEEN VEHICLES AND WILDLIFE; 16
(V) CONSTRUCT EXCLUSIONAR Y FENCING; 17
(VI) PROVIDE MATCHING FUND S FOR FEDERAL GRANTS ; 18
(VII) PROVIDE MAINTENANCE F OR COMPLETED PROJECT S; 19
(VIII) MONITOR AND EVALUATE COMPLETED PROJECTS ; 20
(IX) PROVIDE EDUCATION AND OUTREACH REGARDI NG: 21
1. COLLISIONS BETWEEN VE HICLES AND WILDLIFE ; 22
2. THREATENED SPECIES , ENDANGERED SPECIES , OR 23
SPECIES OF GREATEST CONSERVATION NEED WHOSE HABITATS A RE DIVIDED BY 24
STATE HIGHWAYS ; AND 25
3. ANY OTHER RELATED TOP IC THE DEPARTMENT OR 26
STATE HIGHWAY ADMINISTRATION DETERM INES IS APPROPRIATE ; 27
(X) PROVIDE MATCHING GRAN TS TO COUNTIES AND 28
MUNICIPALITIES FOR P ROJECTS RELATED TO T HE PURPOSE OF THE FUND; AND 29
SENATE BILL 902 9
(XI) COVER THE COSTS OF RE LEVANT ADMINISTRATIO N AND 1
PERSONNEL EXPENSES , INCLUDING: 2
1. COMPENSATION COMPENSATION FOR THE 3
INTERAGENCY LIAISON OFFICERS REQ UIRED UNDER SUBSECTI ON (G) OF THIS 4
SECTION; 5
2. COST RECOVERY ; 6
3. GIS DATA; AND 7
4. ANY OTHER RELATED ADM INISTRATIVE COSTS ; AND 8
(XII) COVER THE COSTS OF ASSET MANAGEMENT FOR WILDLIFE 9
CROSSING INFRASTRUCT URE, INCLUDING PLANNING , INVENTORY, CONDITION 10
INFORMATION , AND LIFE CYCLE ANALY SES. 11
(7) (I) THE STATE TREASURER SHALL INVES T THE MONEY OF THE 12
FUND IN THE SAME MANN ER AS OTHER STATE MONEY MAY BE IN VESTED. 13
(II) ANY INTEREST EARNINGS OF THE FUND SHALL BE 14
CREDITED TO THE FUND. 15
(8) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN 16
ACCORDANCE WITH THE STATE BUDGET . 17
(9) MONEY EXPENDED FROM T HE FUND FOR THE PROTECTI ONS 18
SPECIFIED IN PARAGRA PH (2) OF THIS SUBSECTION IS SUPPLEME NTAL TO AND IS 19
NOT INTENDED TO TAKE THE PLACE OF FUNDING THAT OTHERWISE WOULD BE 20
APPROPRIATED FOR THE SE PROTECTIONS . 21
(G) THE SECRETARY AND THE SECRETARY OF TRANSPORTATION STATE 22
HIGHWAY ADMINISTRATOR EACH SHALL DESIGNATE AN INTERAGENCY LIAISON 23
OFFICER TO COORDINAT E ACTIVITIES RELATED TO THE PURPOSE OF TH E FUND. 24
(H) THE STATE HIGHWAY ADMINISTRATION SHALL : 25
(1) IDENTIFY ANY FEDERAL FUNDING PROGRAMS THA T COULD 26
SUPPORT THE PURPOSE OF THE FUND; AND 27
(2) APPLY FOR ANY FUNDING THAT THE STATE HIGHWAY 28
ADMINISTRATION DETERM INES IS APPROPRIATE , REASONABLE , AND FEASIBLE , 29
AND FOR WHICH STATE MATCHING FUNDS ARE AVAILABLE . 30
10 SENATE BILL 902
(I) THE DEPARTMENT SHALL : 1
(1) DEVELOP A WEBSITE TO BE USED FOR ACCEPTIN G DONATIONS TO 2
THE FUND; AND 3
(2) IF FEASIBLE , WORK WITH THE MOTOR VEHICLE 4
ADMINISTRATION TO PRO VIDE THE OPTION , APPEARING ON THE VEH ICLE 5
REGISTRATION PORTAL , TO DONATE TO THE FUND. 6
Article – State Finance and Procurement 7
6–226. 8
(a) (2) (i) Notwithstanding any other provision of law, and unless 9
inconsistent with a federal law, grant agreement, or other federal requirement or with the 10
terms of a gift or settlement agreement, net interest on all State money allocated by the 11
State Treasurer under this section to special funds or accounts, and otherwise entitled to 12
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 13
Fund of the State. 14
(ii) The provisions of subparagraph (i) of this paragraph do not apply 15
to the following funds: 16
189. the Teacher Retention and Development Fund; [and] 17
190. the Protecting Against Hate Crimes Grant Fund; AND 18
191. THE WILDLIFE HIGHWAY CROSSINGS FUND. 19
Article – Transportation 20
8–101. 21
(a) In this title the following words have the meanings indicated. 22
(i) “Highway” includes: 23
(1) Rights–of–way, roadway surfaces, roadway subgrades, shoulders, 24
median dividers, drainage facilities and structures, related stormwater management 25
facilities and structures, roadway cuts, roadway fills, guardrails, bridges, highway grade 26
separation structures, railroad grade separations, tunnels, overpasses, underpasses, 27
interchanges, entrance plazas, approaches, and other structures forming an integral part 28
of a street, road, or highway, including bicycle and walking paths; and 29
(2) Any other property acquired for the construction, operation, or use of 30
the highway. 31 SENATE BILL 902 11
(q) “State highway” means any public highway owned by this State. 1
17–302. 2
(A) EACH INSURER OR OTHER PROVIDER OF THE SECU RITY REQUIRED 3
UNDER § 17–103 OF THIS TITLE SHALL ESTABLISH AND COLLEC T AN ANNUAL 4
WILDLIFE–VEHICLE COLLISION MI TIGATION FEE FOR EAC H VEHICLE IN THE STATE 5
FOR WHICH THE INSURE R PROVIDES SECURITY . 6
(B) THE FEE ESTABLISHED U NDER THIS SECTION IS $10 PER VEHICLE. 7
(C) THE DEPARTMENT SHALL DEVE LOP A PROCESS F OR EACH INSURER OR 8
OTHER PROVIDER OF TH E SECURITY REQUIRED UNDER § 17–103 OF THIS TITLE TO 9
REMIT THE FEES COLLE CTED UNDER THIS SECT ION TO THE WILDLIFE HIGHWAY 10
CROSSINGS FUND ESTABLISHED UNDE R § 10–2A–06.2 OF THE NATURAL 11
RESOURCES ARTICLE. 12
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 13
apply only prospectively and may not be applied or interpreted to have any effect on or 14
application to any project that has an existing National Environmental Policy Act record of 15
decision and for which the design of the project is more than 30% complete before the 16
effective date of this Act. 17
SECTION 3. AND BE IT FURTHER ENACTED, That: 18
(a) The Maryland Insurance Commissioner shall conduct a study to review the 19
effects of wild animal collisions on premium increases for private passenger automobile 20
insurance in the State. 21
(b) The study required under subsection (a) of this section shall consider: 22
(1) the percentage of Maryland policyholders who have comprehensive, or 23
other than collision, coverage on their policies; 24
(2) loss costs incurred with respect to claims resulting from collisions with 25
deer or other wildlife annually; 26
(3) whether and under what circumstances policyholders who submit 27
claims following a collision with deer or other wildlife pay a higher premium due to 28
surcharges or the removal of discounts as a result of such a claim; and 29
(4) how the overall loss costs incurred with respect to collisions with deer 30
and other wildlife are incorporated into private passenger automobile insurance premium 31
rates, including whether the rates applicable to a policyholder may increase as a result of 32
the submission or payment of a claim resulting from such a collision. 33 12 SENATE BILL 902
(c) On or before December 1, 2024, the Maryland Insurance Commissioner shall 1
submit a report with findings and any recommendations from the study required under 2
this section to the Senate Finance Committee and the House Economic Matters Committee, 3
in accordance with § 2–1257 of the State Government Article. 4
SECTION 2. 3. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 5
July 1, 2024. 6
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.