EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. *hb0020* HOUSE BILL 20 R1 5lr0220 (PRE–FILED) CF SB 198 By: Chair, Appropriations Committee (By Request – Departmental – Transportation) Requested: October 9, 2024 Introduced and read first time: January 8, 2025 Assigned to: Appropriations and Environment and Transportation A BILL ENTITLED AN ACT concerning 1 Transportation – Consolidated Transportation Program – Prioritization 2 (Transportation Investment Priorities Act of 2025) 3 FOR the purpose of altering the required elements of the Consolidated Transportation 4 Program and Maryland Transportation Plan; requiring a certain advisory committee 5 to advise the Department of Transportation on the Maryland Transportation Plan; 6 requiring the Department to develop a certain project–based scoring system, identify 7 certain funds available for certain purposes, and solicit requests from certain entities 8 for major surface transportation projects; requiring the Department to evaluate and 9 score certain major surface transportation projects; requiring the Department to 10 make public the scores of certain projects and list of projects recommended for 11 inclusion in the Consolidated Transportation Program; requiring the State Highway 12 Administration and Maryland Transit Administration to evaluate certain projects 13 using a certain methodology; providing that certain major surface transportation 14 projects may be included in the Consolidated Transportation Program only if the 15 project has been evaluated using a certain project–based scoring program; altering 16 the makeup, chair, frequency of meetings, and responsibilities of the Maryland 17 Transportation Commission; requiring the State Highway Administration to develop 18 certain asset management practices, including a state of good repair program; and 19 generally relating to transportation planning and project prioritization. 20 BY repealing and reenacting, with amendments, 21 Article – Transportation 22 Section 2–103.1, 2–103.7, 2–203, 2–204(a) and (b), 2–205, 7–309(b), and 8–502 23 Annotated Code of Maryland 24 (2020 Replacement Volume and 2024 Supplement) 25 BY repealing and reenacting, without amendments, 26 Article – Transportation 27 2 HOUSE BILL 20 Section 2–202 1 Annotated Code of Maryland 2 (2020 Replacement Volume and 2024 Supplement) 3 BY adding to 4 Article – Transportation 5 Section 7–309(e); and 8–1101 through 8–1103 to be under the new subtitle “Subtitle 6 11. Asset Management Practices” 7 Annotated Code of Maryland 8 (2020 Replacement Volume and 2024 Supplement) 9 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 10 That the Laws of Maryland read as follows: 11 Article – Transportation 12 2–103.1. 13 (a) (1) In this section the following words have the meanings indicated. 14 (2) “CAPACITY ENHANCING PR OJECT” MEANS ANY PROJECT TH AT 15 MODIFIES THE TRANSPO RTATION SYSTEM TO IM PROVE THE ABILITY OF THE 16 TRANSPORTATION SYSTE M TO MOVE PEOPLE AND GOODS. 17 (3) “Capital project” means: 18 (i) Any project for which funds are expended for construction, 19 reconstruction, or rehabilitation of a transportation facility by the Department or of a 20 transportation facilities project by the Maryland Transportation Authority; or 21 (ii) Capital equipment, as defined by the Secretary. 22 [(3)] (4) “Construction phase” means the phase of a capital project in 23 which the project is committed and advanced from the project development phase to 24 completion. 25 [(4)] (5) “Major capital project” means any new, expanded, or 26 significantly improved facility or service that involves planning, environmental studies, 27 design, right–of–way, construction, or purchase of essential equipment related to the 28 facility or service. 29 [(5)] (6) “Major SURFACE transportation project” has the meaning stated 30 in § 2–103.7 of this subtitle. 31 [(6)] (7) “Minor capital project” means any project for the preservation or 32 rehabilitation of an existing facility or service, including the planning, design, 33 HOUSE BILL 20 3 right–of–way, construction, or purchase of equipment essential to the facility or service, 1 and generally not requiring the preparation of an environmental impact assessment. 2 [(7)] (8) “Project development phase” means the phase of a capital project 3 in which planning, engineering, and environmental studies and analyses are conducted 4 with full participation by the public, prior to commitment to construction. 5 [(8)] (9) (i) “Proposing entity” means a government agency or political 6 subdivision that requests that a transportation project be included in the Consolidated 7 Transportation Program. 8 (ii) “Proposing entity” includes a county, a municipality, a 9 metropolitan planning organization, A TRANSIT AGENCY , and a modal administration or 10 any other agency of the Department. 11 [(9)] (10) “Purpose and need summary statement” means a brief statement 12 that specifies the underlying purpose and need for a project. 13 [(10)] (11) “Significant change” means any change that affects the size or 14 character of a project to the extent that the change: 15 (i) Substantially modifies the capacity[,] OR level of service[, or 16 cost] of the project; 17 (ii) AFFECTS THE DEPARTMENT ’S ABILITY TO DELIVER THE 18 PROJECT ON TIME AND ON BUDGET; 19 (III) Alters the function, SCOPE, or purpose of the project; or 20 [(iii)] (IV) Impacts the ability of a modal administration to 21 accomplish the program priorities established by the Secretary in the State Report on 22 Transportation. 23 (12) “STATE OF GOOD REPAIR ” MEANS A PROJECT ELIG IBLE UNDER 24 THE TRANSIT STATE OF GOOD REPAIR PROGRAM IN § 7–309 OF THIS ARTICLE OR 25 UNDER THE HIGHWAY STATE OF GOOD REPAIR PROGRAM ESTABLISHED U NDER § 26 8–1103 OF THIS ARTICLE. 27 [(11)] (13) “State transportation goals” means the goals described in § 28 2–103.7 of this subtitle. 29 (14) “TRANSIT AGENCY ” MEANS THE MARYLAND TRANSIT 30 ADMINISTRATION , THE WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, 31 OR AN AGENCY THAT OP ERATES A LOCALLY OPE RATED TRANSIT SYSTEM . 32 4 HOUSE BILL 20 [(12)] (15) “Transportation facilities project” has the meaning stated in § 1 4–101(i) of this article. 2 [(13)] (16) “Transportation facility” has the meaning stated in § 3–101(l) of 3 this article. 4 (b) The State Report on Transportation consists of the Consolidated 5 Transportation Program and the Maryland Transportation Plan. 6 (c) (1) The Consolidated Transportation Program shall: 7 (i) Be revised annually; and 8 (ii) Include: 9 1. A list of: 10 A. The State transportation goals; 11 B. Program priorities; 12 C. For projects in the construction phase, the criteria used to 13 select DIFFERENT TYPES OF major capital projects for inclusion in the capital program; 14 and 15 D. The [manner in which each major transportation project 16 was evaluated and ranked] RESULTS OF THE EVALUATION OF MAJOR SURFACE 17 TRANSPORTATION PROJE CTS SELECTED FOR FUN DING under § 2–103.7 of this 18 subtitle; 19 2. A statement of the Department’s projected annual 20 operating costs, set forth separately for the Office of the Secretary and for each modal 21 administration; 22 3. Expanded descriptions of major capital projects THAT 23 INCLUDE: 24 A. THE NAME OF THE PROJE CT; 25 B. THE SCOPE OF WORK AND SCHEDULE ANTICIPATED 26 FOR THE PROJECT ; 27 C. A PURPOSE AND NEED SUM MARY STATEMENT ; 28 D. A DELINEATION OF THE STATE OF GOOD REPAIR 29 PORTION OF THE PROJE CT FROM ANY CAPACITY ENHANCING ELEMENTS ; 30 HOUSE BILL 20 5 E. THE TRANSPORTATION NE ED IDENTIFIED IN THE 1 MARYLAND TRANSPORTATION PLAN; 2 F. THE LOCATION OF THE P ROJECT, INCLUDING A MAP 3 OF THE PROJECT LIMIT S, PROJECT AR EA, OR TRANSPORTATION CO RRIDOR; 4 G. THE ESTIMATED COST BY PHASE OF THE PROJECT ; 5 H. THE AMOUNT OF FUNDING ALLOCATED TO THE 6 PROJECT BY PHASE AND BY FUNDING SOURCE , INCLUDING FEDERAL , SPECIAL, OR 7 OTHER FUNDING ; AND 8 I. ANY MAJOR MODIFICATIO NS TO THE DESCRIPTIONS 9 REQUIRED UNDER ITEM B, C, OR G OF THIS ITEM; 10 4. A list of major capital projects for the current year, the 11 budget request year, and the 4 successive planning years; 12 5. A list of [anticipated] ALL IDENTIFIED minor capital 13 projects[, including a specific list of anticipated special projects] for the current year and 14 the budget request year and an estimate of the Program level for each of the 4 successive 15 planning years; 16 6. A list of major bridge work projects; 17 7. A summary of the capital and operating programs, as 18 defined by the Secretary, for the Maryland Transportation Authority; 19 8. [For each listed major capital project, an indication 20 whether the revenue source anticipated to support that project consists of federal, special, 21 general, or other funds; 22 9.] The Department’s estimates of the levels and sources of 23 revenues to be used to fund the projects in the Program, INCLUDING AVAILABLE TOLL 24 CREDITS; 25 [10.] 9. A glossary of terms; and 26 [11.] 10. A cross–reference table for the information 27 contained in the various parts of the State Report on Transportation. 28 (2) In addition to the items listed in paragraph (1) of this subsection, the 29 Consolidated Transportation Program shall include: 30 6 HOUSE BILL 20 (i) A summary of current efforts and future plans, prepared after 1 consultation with the Director of Bicycle and Pedestrian Access and the Bicycle and 2 Pedestrian Advisory Committee established under § 2–606 of this title: 3 1. To develop and promote bicycl e and pedestrian 4 transportation; and 5 2. Working together with local jurisdictions, to accommodate 6 in a safe and effective manner pedestrians and bicycles within a reasonable distance for 7 walking and bicycling to rail stops, light rail stops, and subway stations; 8 (ii) A listing of all bicycle and pedestrian transportation projects 9 expected to use State or federal highway funds; and 10 (iii) Reflected under the Office of the Secretary, any 11 technology–related project to be funded from the account established under § 2–111 of this 12 subtitle, along with a description and projected cost of each. 13 (3) In addition to the items listed in paragraph (1) of this subsection, the 14 Consolidated Transportation Program shall include a summary of current efforts and 15 future plans to increase commuter access between the campuses of the University of 16 Maryland, including: 17 (i) Easing traffic congestion; and 18 (ii) Use of mass transit. 19 (4) Annually, the Consolidated Transportation Program shall include a 20 report that: 21 (i) Identifies each major capital project for which the budget bill or 22 a supplemental budget amendment first requests funds for the project development phase 23 or for the construction phase; 24 (ii) With respect to each major capital project for which funds are 25 requested in the budget request year, states: 26 1. The amount of the funds requested; and 27 2. The total estimated cost of the project; 28 (iii) Identifies significant changes in the cost, scope, design, or 29 scheduling of major capital projects for each completed fiscal year; 30 (iv) When there is a significant change in cost, states the amount by 31 which the expenditures that have been authorized exceed the original project estimate; 32 HOUSE BILL 20 7 (v) When there is a significant change, states: 1 1. The amount by which costs exceed projected costs during 2 each completed fiscal year; and 3 2. The total amount that has been expended for a major 4 capital project; 5 (vi) Provides a purpose and need summary statement that includes: 6 1. A general description and summary that describes why 7 the project is necessary and satisfies State transportation goals, including Climate Action 8 Plan goals required [by the Greenhouse Gas Emissions Reduction Act of 2009] under § 9 2–1205(b) of the Environment Article; 10 2. The location of the project, including a map of the project 11 limits, project area, or transportation corridor; and 12 3. A summary of how the project meets the selection criteria 13 for inclusion in the capital program; 14 (vii) Provides the Maryland Transit Administration state of good 15 repair budget for the current fiscal year and projections for the subsequent fiscal year; and 16 (viii) Includes any other information that the Secretary believes would 17 be useful to the members of the General Assembly, the general public, or other recipients 18 of the Consolidated Transportation Program. 19 (5) The total operating and capital expenditures for the Department or for 20 the Office of the Secretary or any modal administration projected in the Consolidated 21 Transportation Program for the budget request year may not exceed the budget request for 22 the Department, Office, or modal administration for that year. 23 [(6) For a major capital project to be considered for inclusion in the 24 construction program of the Consolidated Transportation Program, a request must be 25 submitted to the Secretary by the proposing entity along with a purpose and need summary 26 statement justifying the project that includes: 27 (i) The location of the project, including a map of the project limits, 28 project area, or transportation corridor; 29 (ii) The need for the project; 30 (iii) A discussion of how the project: 31 1. Addresses State transportation goals; and 32 8 HOUSE BILL 20 2. Supports local government land use plans and goals; and 1 (iv) A certification that all members of the legislative delegation of 2 the county in which the project is located have been notified. 3 (7) (i) The Department shall evaluate requests for major capital 4 projects based on the State’s transportation goals and, if applicable, using the measures 5 established under § 2–103.7 of this subtitle, and, as appropriate, criteria as determined by 6 the information submitted by the proposing entity and the availability of funding. 7 (ii) As part of the evaluation under this paragraph, the Department 8 shall acknowledge the difference between urban and rural transportation needs.] 9 (6) (I) THE DEPARTMENT SHALL CONS IDER REQUESTS FOR 10 PROJECTS FOR THE DEVELOPMENT AND EVALUATION PROGRAM, STATE OF GOOD 11 REPAIR PROGRAMS , AND THE PRIORITIZATION PROGRAM. 12 (II) AS PART OF ITS CONSID ERATION OF PROJECTS REQUESTED 13 UNDER SUBPARAGRAPH (I) OF THIS PARAG RAPH, THE DEPARTMENT SHALL : 14 1. ESTABLISH AND PUBLISH CLEAR GUIDELINES FOR A 15 PROPOSING ENTITY TO MAKE A REQUEST FOR E ACH PROGRAM , INCLUDING THE 16 FORM OF PRIORITY LET TERS AND PROCESSES A ND CRITERIA THAT THE 17 DEPARTMENT WILL USE T O EVALUATE EACH REQU EST; 18 2. ESTABLISH A WEB –BASED SYSTEM FOR SUB MISSION 19 OF PROJECTS TO BE CO NSIDERED FOR INCLUSI ON IN THE CONSOLIDATED 20 TRANSPORTATION PROGRAM; AND 21 3. PROVIDE RESPONSES TO EACH REQUEST RECEIVE D 22 FOR THE PRIORITIZATION PROGRAM UNDER § 2–103.7 OF THIS SUBTITLE PRIOR TO 23 SEPTEMBER 15 EVERY OTHER YEAR , INCLUDING INFORMATIO N PERTAINING TO THE 24 DEPARTMENT ’S EVALUATION OF THE REQUESTED PROJECT . 25 [(8)] (7) (i) The Department, in developing a construction or 26 improvement project involving a bridge or other transportation facility that is adjacent to 27 or crosses a waterway for inclusion in the Consolidated Transportation Program, shall 28 consider any reasonable and appropriate measures to provide or improve in the vicinity of 29 the bridge or other transportation facility water access for fishing, canoeing, kayaking, or 30 any other nonmotorized water dependent recreational activity. 31 (ii) The Department, in consultation with the Department of 32 Natural Resources and interested stakeholders, shall establish: 33 1. Standards and guidelines for identifying appropriate 34 HOUSE BILL 20 9 bridges and other transportation facilities to be considered for the provision or 1 improvement of water access under this paragraph; and 2 2. Best practices and cost effective strategies for 3 accommodating water access under this paragraph. 4 [(9)] (8) Except as authorized by law, the Consolidated Transportation 5 Program may not include capital transportation grants for roads and highways to counties 6 or municipal corporations for any period beyond the budget request year. 7 [(10)] (9) (i) In addition to the items listed in paragraph (1) of this 8 subsection, the Consolidated Transportation Program shall include: 9 1. A table that identifies each project receiving construction 10 funds: 11 A. For the first time in the budget request year; and 12 B. For the first time in the current year if the construction 13 funds were not identified in the budget year in the Consolidated Transportation Program 14 released the previous January; and 15 2. A table that identifies each project receiving planning 16 funds: 17 A. For the first time in the budget request year; and 18 B. For the first time in the current year if the planning funds 19 were not shown in the budget request year in the Consolidated Transportation Program 20 released the previous January. 21 (ii) For each project included in a table required under subparagraph 22 (i) of this paragraph, the table shall identify: 23 1. Where the project is listed in the Consolidated 24 Transportation Program; and 25 2. By fund, the amount included in the current year budget 26 and the budget request year budget for the project. 27 (c–1) If a new approved pedestrian or bicycle safety construction or improvement 28 project is projected to take more than 12 months to complete, the Department shall 29 implement all possible incremental, near–term safety improvements as soon as practicable 30 while maintaining each project’s priority ranking. 31 (d) (1) The Maryland Transportation Plan shall: 32 10 HOUSE BILL 20 (i) Except as otherwise provided, be revised every 5 years through 1 an inclusive public participation process; 2 (ii) Include [a]: 3 1. A 10– AND 20–year forecast of State transportation needs, 4 based on the financial resources anticipated to be available to the Department during [that 5 20–year period] THE RESPECTIVE 10– AND 20–YEAR PERIODS; AND 6 2. STATE OF GOOD REPAIR AND CAPACITY EXPANSI ON 7 NEEDS; 8 (iii) Be expressed in terms of the State transportation goals and 9 measures; and 10 (iv) Include a summary of the types of projects and programs that are 11 proposed to accomplish the State transportation goals [and measures,] using a 12 multi–modal approach [when feasible]. 13 (2) Beginning with the 2045 Maryland Transportation Plan, the 14 Department shall consider ways to achieve equity in the transportation sector when 15 developing the State transportation goals. 16 (3) SUBJECT TO THE REPORT ING REQUIREMENTS IN SUBSECTION (G) 17 OF THIS SECTION, THE DEPARTMENT SHALL ESTA BLISH PERFORMANCE ME ASURES 18 FOR THE IMPLEME NTATION OF THE MARYLAND TRANSPORTATION PLAN AS PART 19 OF ITS DEVELOPMENT . 20 (e) On or before November 15 of each year, the Department shall visit each county 21 to give local governments and local legislative delegations information about and an 22 opportunity to comment on the [proposed Consolidated Transportation Program and the 23 proposed Maryland Transportation Plan] FOLLOWING: 24 (1) THE PROPOSED CONSOLIDATED TRANSPORTATION PROGRAM; 25 (2) TRANSPORTATION PERFOR MANCE AND THE MARYLAND 26 TRANSPORTATION PLAN IN PLAN DEVELOPMENT YEARS ; 27 (3) IN EVEN–NUMBERED FISCAL YEAR S, THE RESULTS OF THE 28 PROJECT–BASED SCORING SYSTEM DESCRIBED IN § 2–103.7 OF THIS SUBTITLE; AND 29 (4) IN ODD–NUMBERED FISCAL YEAR S: 30 (I) METHODOLOGY AND PROGR AM COMMENTS RELATED TO 31 THE PROJECT–BASED SCORING SYSTEM ; AND 32 HOUSE BILL 20 11 (II) LOCAL PRIORITIES FOR TRANSPORTATION STATE OF GOOD 1 REPAIR, ASSET MANAGEMENT , AND DEVELOPMENT AND EVALUATION INITIATIV ES. 2 (f) At the earliest practical date but no later than November 1 of each year, the 3 Department shall provide the proposed Consolidated Transportation Program and the 4 proposed Maryland Transportation Plan to the Department of Planning for review and 5 comment on planning issues including consistency between transportation investments 6 and the State Economic Growth, Resource Protection, and Planning Policy and State 7 priority funding areas established under Title 5, Subtitle 7B of the State Finance and 8 Procurement Article. 9 (g) Beginning with the year 2002 State Report on Transportation and continuing 10 thereafter, before the General Assembly considers the proposed Maryland Transportation 11 Plan and the proposed Consolidated Transportation Program, the Department shall submit 12 an annual report on the attainment of State transportation goals and benchmarks for the 13 approved and proposed Maryland Transportation Plan and the approved and proposed 14 Consolidated Transportation Program to the Governor and, subject to § 2–1257 of the State 15 Government Article, to the General Assembly. 16 (h) (1) The report required under subsection (g) of this section shall include: 17 (i) The establishment of certain measurable performance indicators 18 [or], benchmarks, [in priority funding areas at a minimum,] AND TARGETS designed to 19 quantify the State transportation goals and measures specified in the Maryland 20 Transportation Plan [and § 2–103.7 of this subtitle]; and 21 (ii) The degree to which the projects and programs contained in the 22 approved Maryland Transportation Plan and Consolidated Transportation Program attain 23 those goals and benchmarks as measured by the [performance indicators or benchmarks] 24 PROGRESS TOWARD THE PERFORMANCE TARGETS EST ABLISHED IN ITEM (I) OF THIS 25 PARAGRAPH . 26 (2) The Department shall include in its report measurable long–term 27 [goals] TARGETS, and intermediate benchmarks of progress toward the attainment of the 28 long–term goals, for the following measurable transportation indicators: 29 (i) An increase in the share of total person trips for each of transit, 30 high occupancy auto, pedestrian, and bicycle modes of travel; 31 (ii) A decrease in indicators of traffic congestion as determined by 32 the Department; and 33 (iii) Any other performance goals established by the Department for 34 reducing automobile traffic and increasing the use of nonautomobile traffic. 35 12 HOUSE BILL 20 (3) (i) Beginning with the 2024 attainment report on transportation 1 system performance, the advisory committee advising the Department on State 2 transportation goals, benchmarks, and indicators shall recommend measurable 3 transportation indicators that can be evaluated for racial, disability, ethnic, and 4 low–income disparities based on available sources or information. 5 (ii) The Department shall evaluate the indicators recommended 6 under subparagraph (i) of this paragraph to identify any racial, disability, ethnic, or 7 low–income disparities. 8 (4) The performance indicators [or], benchmarks, OR TARGETS described 9 in this subsection shall acknowledge the difference between urban and rural transportation 10 needs. 11 (i) The [Smart] SUSTAINABLE Growth Subcabinet, established under Title 9, 12 Subtitle 14 of the State Government Article, shall conduct an annual review of the State 13 transportation goals, benchmarks, and indicators. 14 (j) (1) An advisory committee shall be assembled to advise the Department on 15 the MARYLAND TRANSPORTATION PLAN AND THE State transportation goals, 16 INDICATORS, benchmarks, [and indicators] AND TARGETS under subsection (h) of this 17 section. 18 (2) Membership of the advisory committee shall include but is not limited 19 to the following members appointed by the Governor: 20 (i) A representative of the Maryland business community; 21 (ii) A representative of the disabled citizens community; 22 (iii) A representative of rural interests; 23 (iv) A representative of an auto users group; 24 (v) A representative of a transit users group; 25 (vi) A representative of the goods movement industry; 26 (vii) A nationally recognized expert on transportation demand 27 management; 28 (viii) A nationally recognized expert on pedestrian and bicycle 29 transportation; 30 (ix) A nationally recognized expert on transportation performance 31 measurement; 32 HOUSE BILL 20 13 (x) A representative of an environmental advocacy organization; 1 (xi) A representative from the Maryland Department of Planning; 2 (xii) A representative of the Maryland Association of Counties; 3 (xiii) A representative of the Maryland Municipal League; 4 (xiv) A representative of the Maryland State Conference of the 5 National Association for the Advancement of Colored People; 6 (xv) A representative of a transportation labor organization, 7 designated by the Maryland State and District of Columbia AFL–CIO; and 8 (xvi) A representative of the transportation construction industry. 9 (3) The Governor shall appoint the chairman of the advisory committee. 10 (4) The advisory committee shall meet at least four times during the 11 process of developing the Maryland Transportation Plan to provide advice to the 12 Department on meeting the requirements of this subsection. 13 (5) The Department and the advisory committee shall consider the 14 following: 15 (i) Transportation and population trends and their impact on the 16 State’s transportation system and priority funding areas; 17 (ii) Past and present State funding devoted to the various 18 transportation modes and demand management; 19 (iii) The full range of unmet transportation needs in priority funding 20 areas; 21 (iv) The full range of transportation measures and facilities 22 available, and their role, effectiveness, and cost effectiveness in providing travel choices 23 and reducing congestion; 24 (v) A review of transportation performance indicators and their use 25 in other states; 26 (vi) A review of the coordination of State transportation investments 27 with local growth plans for priority funding areas; 28 (vii) The types of investments needed and their levels of funding for 29 supporting the [State] STATE’S transportation goals [and measures established under § 30 2–103.7 of this subtitle]; 31 14 HOUSE BILL 20 (viii) The impact of transportation investment on: 1 1. The environment; 2 2. Environmental justice as defined in § 1–701 of the 3 Environment Article; 4 3. Communities; 5 4. Economic development; 6 5. Racial equity; and 7 6. Persons with disabilities, including service accessibility; 8 and 9 (ix) The Climate Action Plan goals required by [the Greenhouse Gas 10 Emissions Reduction Act of 2009 under] § 2–1205(b) of the Environment Article. 11 (k) [The Department may: 12 (1) Conduct its analysis of planned transportation investments in priority 13 funding areas on a statewide basis or in groupings of priority funding areas centered on 14 regions, metropolitan areas, cities, or other groupings suitable for transportation modeling; 15 and 16 (2) Choose to exclude from its analysis priority funding areas which have 17 an insignificant role in transportation trends because of small size, population, or physical 18 isolation. 19 (l)] In the report required under subsection (g) of this section, the Department 20 shall: 21 (1) Use narrative, graphs, charts, tables, and maps as appropriate to make 22 the results easily understood by the public; 23 (2) Include projected long–term trends for each of the indicators and the 24 effect of planned transportation investments on the trends; 25 (3) To the extent practicable, account for the effect of planned 26 transportation investments on inducing automobile travel; 27 (4) To the extent practicable, account for automobile trips not taken due to 28 demand management measures, including teleworking, teleshopping, and land use 29 patterns supporting alternatives to driving; and 30 HOUSE BILL 20 15 (5) Indicate the cost effectiveness of investments for achieving relevant 1 performance goals and benchmarks, including a specific analysis of planned transportation 2 investments detailing: 3 (i) Any projected decreases or increases in indicators of traffic 4 congestion and accessibility as defined by the Department; and 5 (ii) The cost per passenger mile and other indicators of cost 6 effectiveness as defined by the Department, including the estimated annual cost of 7 maintenance and operations. 8 [(m)] (L) (1) (i) Subject to § 2–1257 of the State Government Article: 9 1. On or before September 1 of each year, the Department 10 shall submit copies of the proposed Consolidated Transportation Program and the 11 supporting financial forecast to the General Assembly; and 12 2. On submission of the budget bill to the presiding officers 13 of the General Assembly, the Department shall submit copies of the approved Consolidated 14 Transportation Program, including the manner in which each major transportation project 15 was evaluated and ranked under § 2–103.7 of this subtitle, and the supporting financial 16 forecast to the General Assembly. 17 (ii) Notwithstanding § 2–1257(b)(2) of the State Government Article, 18 the Department shall provide to each member of the General Assembly a copy of the 19 proposed Consolidated Transportation Program and the approved Consolidated 20 Transportation Program. 21 (2) (i) The financial forecast supporting the Consolidated 22 Transportation Program to be submitted to the General Assembly under paragraph (1) of 23 this subsection shall include the following components: 24 1. A schedule of operating expenses for each specific modal 25 administration; 26 2. A schedule of revenues, including tax and fee revenues, 27 deductions from revenues for other agencies, Department program and fees, Motor Vehicle 28 Administration cost recovery, deductions for highway user revenues, operating revenues 29 by modal administration, and miscellaneous revenues; and 30 3. A summary schedule for the Transportation Trust Fund 31 that includes the opening and closing Fund balance, revenues, transfers, bond sales, bond 32 premiums, any other revenues, expenditures for debt service, operating expenses, amounts 33 available for capital expenses, bond interest rates, bond coverage ratios, total bonds 34 outstanding, federal capital aid, and the total amount for the Transportation Capital 35 Program. 36 16 HOUSE BILL 20 (ii) The financial forecast shall include, for each of the components 1 specified in subparagraph (i) of this paragraph: 2 1. Actual information for the last full fiscal year; and 3 2. Forecasts of the information for each of the six subsequent 4 fiscal years, including the current fiscal year, the fiscal year for the proposed budget, and 5 the next four subsequent fiscal years. 6 (iii) 1. For the period beyond the budget request year, the 7 financial forecast: 8 A. Shall maximize the use of funds for the capital program; 9 B. Except as authorized by law, may not withhold or reserve 10 funds for capital transportation grants to counties or municipal corporations; and 11 C. Except as provided in subsubparagraph 2 of this 12 subparagraph, shall increase the operating expenses, net of availability payments paid to 13 public–private partnership concessionaires, each year by at least the 5–year average 14 annual rate of change in the operating expenses of the Department, ending with the most 15 recently completed fiscal year. 16 2. The assumed rate of future operating budget growth 17 under subsubparagraph 1C of this subparagraph may not increase or decrease by more 18 than 0.5 percentage points from the growth rate assumed in the previous forecast. 19 (iv) The Department shall incorporate in the financial forecast the 20 most recent estimates by the Board of Revenue Estimates of the revenues from: 21 1. The corporate income tax and the sales and use tax for 22 each of the six subsequent years, including the current fiscal year and the fiscal year for 23 the proposed budget; and 24 2. Motor fuel taxes and motor vehicle titling taxes for the 25 current fiscal year and the fiscal year for the proposed budget. 26 2–103.7. 27 (a) (1) In this section the following words have the meanings indicated. 28 (2) “LOCALLY MANAGED CAPIT AL PROJECT ” MEANS A CAPITAL 29 PROJECT PERFORMED BY A POLITICAL SUBDIVIS ION IN A RIGHT –OF–WAY 30 CONTROLLED BY THE STATE HIGHWAY ADMINISTRATION OR THE MARYLAND 31 TRANSIT ADMINISTRATION . 32 (3) “Major capital project” has the meaning stated in § 2–103.1 of this 33 HOUSE BILL 20 17 subtitle. 1 [(3)] (4) (i) “Major SURFACE transportation project” means a major 2 capital project in the State Highway Administration or the Maryland Transit 3 Administration [whose] OR THAT IS A LOCALLY MANAGED CAPITAL PROJ ECT: 4 1. WHOSE total cost for all phases exceeds $5,000,000; and 5 [that: 6 1. Increases highway or transit capacity; 7 2. Reduces areas of heavy traffic congestion; 8 3. Improves commute times in areas of heavy traffic 9 congestion; 10 4. Improves transit stations or station areas; or 11 5. Improves highway capacity through the use of intelligent 12 transportation systems or congestion management systems] 13 2. THAT INCREASES THE CA PACITY OR ABILITY OF THE 14 HIGHWAY, TRANSIT, OR RAIL SYSTEM TO MOVE PEOPLE AND G OODS. 15 (ii) “Major SURFACE transportation project” does not include: 16 1. Projects in the Maryland Aviation Administration, the 17 Maryland Port Administration, THE MOTOR VEHICLE ADMINISTRATION , THE OFFICE 18 OF THE SECRETARY, or the Maryland Transportation Authority; 19 2. Maintenance and storage facilities projects; 20 3. Water quality improvement projects; 21 4. Projects related to Maryland’s priorities for total 22 maximum daily load development; 23 5. Safety–related projects [that do not increase highway or 24 transit capacity] THAT RECEIVE FUNDING UNDER 23 U.S.C. § 148 OR THAT DO NOT 25 SIGNIFICANTLY INCREA SE TRANSIT CAPACITY ; 26 6. [Roads within the Appalachian Development Highway 27 System; or 28 7.] Projects that are solely for system preservation OR STATE 29 OF GOOD REPAIR PURPO SES; OR 30 18 HOUSE BILL 20 7. PROJECTS FUNDED WITH FEDERAL SOURCES EXEM PT 1 FROM THE PROJECT –BASED SCORING PROCES S DUE TO EXISTING EV ALUATION 2 PROCESSES, INCLUDING: 3 A. CONGESTION MITIGATION AIR QUALITY FUNDS ; 4 B. TRANSPORTATION ALTERN ATIVES FUNDS; 5 C. PROTECT PROGRAM FUNDS ; 6 D. CARBON REDUCTION PROG RAM FUNDS; AND 7 E. FUNDS FROM A FEDERAL PROGRAM ESTABLISHED BY 8 THE FEDERAL GOVERNME NT AFTER JANUARY 1, 2024, WITH SPECIFIC RULES THAT 9 SIGNIFICANTLY RESTRI CT THE TYPES OR LOCA TIONS OF PROJECTS TH AT MAY BE 10 FUNDED. 11 (5) (I) “SMALL SURFACE TRANSPO RTATION PROJECT ” MEANS A 12 MAJOR CAPITAL PROJEC T IN THE STATE HIGHWAY ADMINISTRATION OR THE 13 MARYLAND TRANSIT ADMINISTRATION OR THA T IS A LOCALLY MANAGED CAPITAL 14 PROJECT: 15 1. WHOSE TOTAL COST FOR ALL PHASES IS LESS T HAN 16 OR EQUAL TO $5,000,000; AND 17 2. THAT INCREASES THE CA PACITY OR ABILITY OF THE 18 HIGHWAY, TRANSIT, OR RAIL SYSTEM TO MO VE PEOPLE AND GOODS . 19 (II) “SMALL SURFACE TRANSPORTATION PROJE CT” DOES NOT 20 INCLUDE: 21 1. PROJECTS IN THE MARYLAND AVIATION 22 ADMINISTRATION , THE MARYLAND PORT ADMINISTRATION , THE MOTOR VEHICLE 23 ADMINISTRATION , THE OFFICE OF THE SECRETARY, OR THE MARYLAND 24 TRANSPORTATION AUTHORITY; 25 2. MAINTENANCE AND STORAGE FACI LITIES PROJECTS ; 26 3. WATER QUALITY IMPROVE MENT PROJECTS ; 27 4. PROJECTS RELATED TO MARYLAND’S PRIORITIES 28 FOR TOTAL MAXIMUM DA ILY LOAD DEVELOPMENT ; 29 HOUSE BILL 20 19 5. SAFETY–RELATED PROJECTS THA T RECEIVE 1 FUNDING UNDER 23 U.S.C. § 148 OR THAT DO NOT SIGNIFICAN TLY INCREASE 2 TRANSIT CAPACITY ; 3 6. PROJECTS THAT ARE SOL ELY FOR SYSTEM 4 PRESERVATION OR STAT E OF GOOD REPAIR PUR POSES; OR 5 7. PROJECTS FUNDED WITH FEDERAL SOURCES EXEM PT 6 FROM THE PROJECT –BASED SCORING PROCES S DUE TO EXISTING EV ALUATION 7 PROCESSES, INCLUDING: 8 A. CONGESTION MITIGATION AIR QUALITY FUNDS ; 9 B. TRANSPORTATION ALTERN ATIVES FUNDS; 10 C. PROTECT PROGRAM FUNDS ; 11 D. CARBON REDUCTION PROG RAM FUNDS; AND 12 E. FUNDS FROM A FEDERAL PROGRAM ESTABLISHED BY 13 THE FEDERAL GOVERNMENT A FTER JANUARY 1, 2024, WITH SPECIFIC RULES THAT 14 SIGNIFICANTLY RESTRI CT THE TYPES OR LOCA TIONS OF PROJECTS TH AT MAY BE 15 FUNDED. 16 (b) The Department shall: 17 (1) [In accordance with federal transportation requirements, develop a 18 project–based scoring system for major transportation projects using the goals and 19 measures established under subsection (c) of this section;] DEVELOP, IN CONSULTATION 20 WITH THE APPLICABLE METROPOLITAN PLANNIN G ORGANIZATIONS , FOR THE 21 MARYLAND TRANSPORTATION COMMISSION’S REVIEW A PROJECT –BASED SCORING 22 SYSTEM THAT: 23 (I) IS CONSISTENT WITH TH IS SUBTITLE; 24 (II) IS DEVELOPED IN ACCOR DANCE WITH FEDERAL 25 TRANSPORTATION REQUI REMENTS; AND 26 (III) EVALUATES MAJOR SURFA CE TRANSPORTATION PR OJECTS 27 USING OBJECTIVE AND QUANTIFIABLE MEASURES F OR THE GOALS ESTABLI SHED 28 UNDER SUBSECTION (C) OF THIS SECTION THAT CONSIDER THE BENEFIT S OF A 29 PROJECT RELATIVE TO ITS COST TO THE STATE. 30 (2) Develop the weighting metrics for each goal and measure established 31 20 HOUSE BILL 20 under [subsection (c)] PARAGRAPH (1) of this [section] SUBSECTION ; 1 (3) [On or before January 1, 2018, develop a model consistent with this 2 section that uses the project–based scoring system developed under this subsection to rank 3 major transportation projects being considered for inclusion in the draft and final 4 Consolidated Transportation Program;] PUBLISH THE GUIDELINE S DEVELOPED TO 5 IMPLEMENT THIS SECTI ON, AS REVIEWED BY THE MARYLAND TRANSPORTATION 6 COMMISSION; 7 (4) [Use the model developed under this subsection to rank maj or 8 transportation projects being considered for inclusion in the draft and final Consolidated 9 Transportation Program; and] AT LEAST EVERY 2 YEARS, IN COORDINATION WITH THE 10 MARYLAND TRANSPORTATION COMMISSION, REVIEW AND UPDATE TH E 11 GUIDELINES, AS NECESSARY; 12 (5) [Make the model developed under item (3) of this subsection and any 13 ranking under item (4) of this subsection available to the public: 14 (i) As an appendix to the Consolidated Transportation Program; 15 and 16 (ii) On the Department’s website] IDENTIFY THE AMOUNT OF 17 FUNDS AVAILABLE FOR EACH 2–YEAR FUNDING CYCLE A FTER NEEDS ASSOCIATE D 18 WITH THE FOLLOWING H AVE BEEN CONSIDERED : 19 (I) OPERATING, ADMINISTRATION , AND MAINTENANCE COST S 20 OF THE DEPARTMENT ; 21 (II) GRANTS TO OTHER ENTIT IES, INCLUDING: 22 1. DISTRIBUTION OF HIGHW AY USER REVENUES TO 23 LOCAL GOVERNMENTS CO NSISTENT WITH TITLE 8, SUBTITLE 4 OF THIS ARTICLE; 24 2. DISTRIBUTION OF LOCALLY OPERATED TRANSIT 25 SYSTEM GRANTS ; AND 26 3. DISTRIBUTION OF FUNDS TO THE WASHINGTON 27 METROPOLITAN AREA TRANSIT AUTHORITY; 28 (III) ADMINISTRATIVE COSTS , INCLUDING SALARIES , WAGES, 29 AND FRINGE BENEFITS , RELATED TO OVERSIGHT AND IMPLEMENTATION O F THE 30 DEPARTMENT ’S CAPITAL PROGRAM ; 31 (IV) CAPITAL FUNDING THAT INCLUDES: 32 HOUSE BILL 20 21 1. FUNDS FOR CAPITAL PRO JECTS OF THE MARYLAND 1 AVIATION ADMINISTRATION , THE MARYLAND PORT ADMINISTRATION , THE MOTOR 2 VEHICLE ADMINISTRATION , AND THE OFFICE OF THE SECRETARY; 3 2. FUNDS FOR THE HIGHWAY SYSTEM PRESERVATION 4 PURPOSES AND STATE O F GOOD REPAIR; AND 5 3. FUNDS FOR THE TRANSIT PROJECTS WHERE THE 6 PRIMARY PURPOSE IS S TATE OF GOOD REPAIR ; AND 7 (V) ALL OTHER CAPITAL NEE DS FOR PROJECTS NOT SUBJECT 8 TO THE PROJECT –BASED SCORING SYSTEM FOR MAJOR SURFACE TR ANSPORTATION 9 CAPITAL PROJECTS ; AND 10 (6) (I) AT LEAST EVERY 2 YEARS, SOLICIT REQUESTS FRO M THE 11 DEPARTMENT , LOCAL JURISDICTIONS , AND APPROPRIATE METR OPOLITAN 12 PLANNING ORGANIZATIO NS, FOR MAJOR SURFACE TR ANSPORTATION PROJECT S TO 13 BE EVALUATED ; AND 14 (II) REQUIRE EACH REQUESTE R TO CERTIFY THAT AL L 15 MEMBERS OF THE LEGISLATI VE DELEGATION OF THE MARYLAND GENERAL 16 ASSEMBLY THAT REPRESE NTS THE COUNTY IN WH ICH THE PROJECT IS L OCATED 17 HAVE BEEN NOTIFIED O F THE REQUEST . 18 (c) (1) The [State transportation goals are] DEPARTMENT SHALL 19 EVALUATE MAJOR SURFA CE TRANSPOR TATION PROJECTS BASE D ON POLICY GOALS . 20 (2) PROJECTS SHALL BE EVA LUATED ON HOW EACH P ROJECT 21 ADDRESSES: 22 (i) Safety [and security]; 23 (ii) [System preservation] ACCESSIBILITY AND MOB ILITY; 24 (iii) [Reducing congestion and improving commute times] CLIMATE 25 CHANGE AND THE ENVIR ONMENT; 26 (iv) [Environmental stewardship] SOCIAL EQUITY; 27 (v) [Community vitality;] ECONOMIC DEVELOPMENT ; AND 28 (vi) [Economic prosperity; 29 22 HOUSE BILL 20 (vii) Equitable access to transportation; 1 (viii) Cost effectiveness and return on investment; and 2 (ix) Local priorities] LAND USE AND TRANSPOR TATION DEMAND 3 MANAGEMENT . 4 [(2) In evaluating whether and to what extent a major transportation 5 project satisfies the goals established under paragraph (1) of this subsection, the 6 Department shall assign a score for each goal using the weighting metrics developed by the 7 Department under subsection (b)(2) of this section and the following measures: 8 (i) For safety and security: 9 1. The expected reduction in total fatalities and severe 10 injuries in all modes affected by the project; and 11 2. The extent to which the project implements the Maryland 12 State Highway Administration’s Complete Streets policies. 13 (ii) For system preservation: 14 1. The degree to which the project increases the lifespan of 15 the affected facility; 16 2. The degree to which the project increases the functionality 17 of the facility; and 18 3. The degree to which the project renders the facility more 19 resilient. 20 (iii) For reducing congestion and improving commute times: 21 1. The expected change in cumulative job accessibility within 22 an approximately 60–minute commute for highway projects or transit projects; 23 2. The degree to which the project has a positive impact on 24 travel time reliability and congestion; and 25 3. The degree to which the project supports connections 26 between different modes of transportation and promotes multiple transportation choices. 27 (iv) For environmental stewardship: 28 1. The potential of the project to limit or reduce harmful 29 emissions; 30 HOUSE BILL 20 23 2. The degree to which the project avoids impacts on State 1 resources in the project area and adjacent areas; and 2 3. The degree to which the project advances the State 3 environmental goals. 4 (v) For community vitality: 5 1. The degree to which the project is projected to increase the 6 use of walking, biking, and transit; 7 2. The degree to which the project enhances existing 8 community assets; and 9 3. The degree to which the project furthers the affected 10 community’s and State’s plans for revitalization. 11 (vi) For economic prosperity: 12 1. The projected increase in the cumulative job accessibility 13 within an approximately 60–minute commute for projects; 14 2. The extent to which the project is projected to enhance 15 access to critical intermodal locations for the movement of goods and services; and 16 3. The projected increase in furthering nonspeculative local 17 and State economic development strategies in existing communities. 18 (vii) For equitable access to transportation: 19 1. The expected increase in job accessibility for 20 disadvantaged populations within an approximately 60–minute commute for projects; and 21 2. The projected economic development impact on 22 low–income communities. 23 (viii) For cost effectiveness and return on investment: 24 1. The estimated travel time savings divided by the project 25 cost; 26 2. The degree to which the project leverages additional 27 federal, State, local, and private sector transportation investment; and 28 3. The degree to which the project will increase 29 transportation alternatives and redundancy. 30 24 HOUSE BILL 20 (ix) For local priorities, the degree to which the project supports local 1 government transportation priorities, as specified in local government priority letters.] 2 (d) (1) The score of a major SURFACE transportation project shall be based 3 solely on the BENEFITS OF A PROJEC T TOWARD THE goals and measures established 4 under subsection (c) of this section RELATIVE TO A PROJEC T’S COST TO THE STATE. 5 (2) [The] BY AUGUST 15 EACH EVEN–NUMBERED FISCAL YEAR, THE 6 Department shall make the scores of all projects evaluated AND THE LIST OF ALL 7 PROJECTS RECOMMENDED for inclusion in the Consolidated Transportation Program 8 [and assigned a score under the model] available to the public[: 9 (i) As an appendix to the Consolidated Transportation Program; 10 and 11 (ii) On] ON the Department’s Web site. 12 (3) THE RECOMMENDATIONS M ADE BY THE DEPARTMENT UNDER 13 PARAGRAPH (2) OF THIS SUBSECTION M AY ONLY BE MODIFIED IF THE 14 MODIFICATION IS REVI EWED BY THE MARYLAND TRANSPORTATION COMMISSION 15 AFTER THE DEPARTMENT HAS COMPLE TED ITS EVALUATION U NDER SUBSECTION 16 (C) OF THIS SECTION. 17 (E) (1) ON THE COMPLETION OF A ROUND OF PROJECT E VALUATIONS, 18 THE DEPARTMENT SHALL UNDE RTAKE A REVIEW OF TH E PROJECT–BASED SCORING 19 SYSTEM AND RE LATED GUIDELINES TO DETERMINE WHETHER MO DIFICATIONS TO 20 THE GUIDELINES ARE N ECESSARY. 21 (2) IN THE EVENT THAT THE DEPARTMENT DETERMINES THAT 22 MODIFICATIONS ARE NE CESSARY, THE RECOMMENDED MODI FICATIONS SHALL BE 23 PRESENTED TO THE MARYLAND TRANSPORTATION COMMISSION FOR REVIEW . 24 (F) EACH YEAR, THE STATE HIGHWAY ADMINISTRATION AND MARYLAND 25 TRANSIT ADMINISTRATION SHALL EVALUATE SMALL SURFA CE TRANSPORTATION 26 PROJECTS USING A MET HODOLOGY CONSISTENT WITH THE SYSTEM DEVE LOPED 27 UNDER SUBSECTION (B) OF THIS SECTION , PUBLISH THE RESULTS OF T HE 28 EVALUATION, AND SELECT PROJECTS BASED ON THE RESULTS OF THE EVALUATION . 29 (G) A MAJOR SURFACE TRANSP ORTATION PROJECT MAY BE INCLUDED IN 30 THE CONSOLIDATED TRANSPORTATION PROGRAM FOR CONSTRUCT ION ONLY IF IT 31 HAS BEEN EVALUATED B Y THE PROJECT–BASED SCORING PROGRA M IN THIS 32 SUBTITLE. 33 [(e)] (H) Nothing in this section may be construed to impede or alter: 34 HOUSE BILL 20 25 (1) The priority letter process that outlines local transportation priorities 1 for the Department’s consideration for inclusion in the Consolidated Transportation 2 Program under § 2–103.1 of this subtitle; 3 (2) The Department’s visit to each county under § 2–103.1(e) of this 4 subtitle; or 5 (3) The inclusion of local transportation priorities in the Consolidated 6 Transportation Program. 7 2–202. 8 There is a Maryland Transportation Commission in the Department. 9 2–203. 10 (a) The Commission consists of the following [17] members: 11 (1) [As ex officio members, the seven regional members of the State Roads 12 Commission; and 13 (2) Ten members appointed by the Governor with the advice of the 14 Secretary] THE SECRETARY, OR THE SECRETARY’S DESIGNEE; 15 (2) EIGHT MEMBERS APPOINT ED BY THE GOVERNOR, WITH AT LEAST 16 FOUR MEMBERS REPRESE NTING URBANIZED AREA S AND AT LEAST TWO M EMBERS 17 REPRESENTING RU RAL AREAS; 18 (3) TWO MEMBERS APPOINTED BY THE SPEAKER OF THE HOUSE; AND 19 (4) TWO MEMBERS APPOINTED BY THE PRESIDENT OF THE SENATE. 20 (b) An appointed member may not be [an]: 21 (1) AN officer or employee of the Department; 22 (2) A STATE OR LOCAL ELECTED OFFICIAL ; OR 23 (3) AN APPOINTED OFFICIAL OF THE STATE OR A LOCAL 24 GOVERNMENT . 25 (C) Each appointed member shall be a resident of this State and have interest 26 and, preferably, experience in at least one of the fields under the jurisdiction of the 27 Department. 28 26 HOUSE BILL 20 [(c)] (D) (1) Each appointed member serves for a term of [3] 4 years and until 1 his successor is appointed and qualifies. [The terms of appointed members shall be 2 staggered as required by the original appointments to the Commission, three of which were 3 made for a 3–year term, four of which were made for a 2–year term, and three of which 4 were made for a 1–year term.] 5 (2) THE TERMS OF MEMBERS ARE STAGGERED AS REQ UIRED BY 6 THE TERMS PROVIDED F OR MEMBERS OF THE COMMISSION ON JULY 1, 2025. 7 (3) EACH APPOINTED MEMBER MAY BE REAPPOINTED A T THE 8 DISCRETION OF THE AP POINTING AUTHORITY . 9 [(2)] (4) A member appointed to fill a vacancy in an unexpired term serves 10 only for the remainder of that term. 11 2–204. 12 (a) The [Governor shall designate one of the appointed members of the 13 Commission as its Chairman] SECRETARY IS THE CHAIR OF THE COMMISSION. 14 (b) The Commission shall meet, at a time and place designated by the 15 Commission or its [Chairman] CHAIR: 16 (1) At least once each [month] QUARTER; and 17 (2) At any other time that the Secretary requests. 18 2–205. 19 (a) (1) The [Maryland Transportation] Commission shall study the entire 20 transportation system of this State and regularly discuss with the Secretary any matter 21 relating to this State’s transportation system. 22 (2) [Each of the seven regional members of the State Roads Commission, 23 who serve as ex officio members of the Maryland Transportation Commission, shall: 24 (i) Conduct a continuing survey of the secondary highways, as 25 defined in § 8–101 of this article, in that member’s region; and 26 (ii) Report on the highway needs and problems of that region to the 27 Maryland Transportation Commission. 28 (3)] The [Maryland Transportation] Commission may request of the 29 Secretary any information relating to the Department that is needed for the Commission’s 30 studies, surveys, and deliberations. 31 HOUSE BILL 20 27 (b) The Commission shall [advise] HAVE THE FOLLOWING P OWERS AND 1 DUTIES: 2 (1) ADVISE and make recommendations to the Secretary and the heads of 3 the units in the Department on all matters that concern transportation policy formation 4 and program execution; 5 (2) REVIEW, ADVISE, AND MAKE RECOMMENDAT IONS TO THE 6 SECRETARY ON THE DEPARTMENT ’S QUARTERLY OPERATIN G AND CAPITAL 7 BUDGET UPDATES ; 8 (3) REVIEW AND MAKE RECOM MENDATIONS ON A POLI CY TO 9 IMPLEMENT THE PROJEC T–BASED SCORING SYSTEM UNDER § 2–103.7 OF THIS 10 TITLE; AND 11 (4) REVIEW AND MAKE RECOM MENDATIONS CONCERNIN G THE 12 MARYLAND TRANSPORTATION PLAN. 13 7–309. 14 (b) In undertaking the assessment required under subsection (a) of this section, 15 the Administration shall: 16 (1) Compile and prioritize capital needs without regard to cost; 17 (2) Identify the backlog of repairs and replacements needed to achieve a 18 state of good repair for all Administration assets, including a separate analysis of these 19 needs over the following 10 years; [and] 20 (3) Identify the needs to be met in order to enhance service and achieve 21 system performance goals; AND 22 (4) DEVELOP ASSET MANAGEM ENT PRACTICES IN THE OPERATION 23 AND MAINTENANCE OF STATE TRANSIT ASSETS CONSISTENT WITH REQU IREMENTS 24 UNDER 49 U.S.C. § 5326. 25 (E) ON AN ANNUAL BASIS , THE ADMINISTRATION SHALL PRIORITIZE 26 CAPITAL NEEDS BASED ON THE ALLOCATION AV AILABLE FOR TRANSIT STATE OF 27 GOOD REPAIR. 28 8–502. 29 The purpose of this subtitle is to assist the national recovery and promote the general 30 welfare by enabling this State and its political subdivisions to provide matching funds for 31 28 HOUSE BILL 20 and secure the benefits of any federal funds available under the federal acts for the 1 [construction and reconstruction of State highways and county roads and for related State 2 or local projects] DEVELOPMENT AND IMPL EMENTATION OF A MULT IMODAL SURFACE 3 TRANSPORTATION NETWO RK. 4 SUBTITLE 11. ASSET MANAGEMENT PRACTICES. 5 8–1101. 6 (A) (1) THE ADMINISTRATION SHALL DEVELOP ASSET MANAGE MENT 7 PRACTICES IN THE OPE RATION AND MAINTENAN CE OF THE SYSTEMS OF STATE 8 HIGHWAYS. 9 (2) THE PRACTICES SHALL I NCLUDE A TRANSPARENT 10 METHODOLOGY FOR PRIO RITIZING THE ALLOCAT ION OF FUNDS AVAILAB LE FOR 11 HIGHWAY MAINTENANCE AND OPER ATIONS, INCLUDING THE ALLOCA TION AMONG 12 THE ADMINISTRATION ’S DISTRICTS. 13 (B) THE ADMINISTRATION SHALL ENSURE THE WORK COMP LIES WITH ANY 14 APPLICABLE FEDERAL R EQUIREMENTS FOR THE CONDITION OF THE NATIONAL 15 HIGHWAY SYSTEM UNDER 23 U.S.C. § 119. 16 8–1102. 17 (A) ON OR BEFORE JANUARY 1, 2026, THE ADMINISTRATION SHALL 18 ESTABLISH PERFORMANC E TARGETS FOR THE CO NDITION OF PAVEMENTS AND 19 BRIDGES ON STATE HIGHWAYS COVERI NG A PERIOD OF AT LE AST 20 YEARS. 20 (B) ON OR BEFORE JANUARY 1, 2030, THE ADMINISTRATION SHALL 21 ESTABLISH PERFORMANC E TARGETS FOR THE CO NDITION OF OTHER KEY ASSETS 22 COVERING AN APPROPRI ATE TIME FRAME FOR T HE ASSETS. 23 (C) (1) EVERY 4 YEARS THE ADMINISTRATION SHALL UNDERTAKE A 24 COMPREHENSIVE REVIEW OF THE CURRENT AND F UTURE CONDITIO NS OF 25 PAVEMENTS , BRIDGES, AND OTHER KEY ASSETS ON STATE HIGHWAYS . 26 (2) THE REVIEW SHALL : 27 (I) CONSIDER CURRENT COND ITIONS AND PERFORMAN CE 28 TARGETS; 29 (II) CONSIDER CURRENT INVE STMENT STRATEGIES FO R FUNDS 30 ALLOCATED TO THE ADMINISTRATION FOR TH E HIGHWAY STATE OF GOOD REPAIR 31 PROGRAM UNDER § 8–1103 OF THIS SUBTITLE ; 32 HOUSE BILL 20 29 (III) RECOMMEND , IF APPROPRIATE , NEW PERFORMANCE 1 TARGETS FOR ASSETS W ITH ESTABLISHED TARG ETS WITH SUSTAINABLE 2 PERFORMANCE OVER A 20–YEAR PERIOD; AND 3 (IV) DEVELOP OR UPDATE , AS APPROPRIATE, AN INVESTMENT 4 STRATEGY FOR FUNDS A LLOCATED TO THE ADMINISTRATION FOR TH E HIGHWAY 5 STATE OF GOOD REPAIR PROGRAM UNDER § 8–1103 OF THIS SUBTITLE TO ACHIEVE 6 THE SUSTAINABLE PERF ORMANCE TARGETS . 7 8–1103. 8 (A) IN THIS SECTION, “PROGRAM” MEANS THE HIGHWAY STATE OF GOOD 9 REPAIR PROGRAM IN THE DEPARTMENT . 10 (B) THERE IS A HIGHWAY STATE OF GOOD REPAIR PROGRAM IN THE 11 DEPARTMENT . 12 (C) THE PURPOSE OF THE PROGRAM IS TO IMPROVE THE CONDITION OF 13 PAVEMENTS , BRIDGES, AND OTHER KEY ASSETS ON STATE HIGHWAYS TO A CHIEVE 14 AND, AS APPROPRIATE , MAINTAIN THE SUSTAIN ABLE CONDITION TARGE TS 15 ESTABLISHED BY THE ADMINISTRATION UNDER § 8–1102 OF THIS SUBTITLE. 16 (D) AN ELIGIBLE PROJECT U NDER THE PROGRAM IS A CAPITAL PROJECT 17 TO REPAIR, REHABILITATE , RECONSTRUCT , OR REPLACE AN ASSET WITH THE 18 INTENT TO IMPROVE TH E LONG–TERM CONDITION OF TH E ASSET, INCLUDING 19 MINOR UPGRADES AND M ODIFICATIONS ANCILLA RY AND RELATED TO TH E ASSET 20 NECESSARY TO MEET AP PLICABLE DESIGN STAN DARDS. 21 (E) SUBJECT TO APPROPRIAT ION AND AVAILABILITY , FUNDS FOR T HE 22 PROGRAM SHALL BE PROV IDED BY THE DEPARTMENT . 23 (F) THE ADMINISTRATION SHALL DEVELOP A PRIORITY R ANKING SYSTEM 24 FOR PAVEMENTS , BRIDGES, AND OTHER KEY ASSETS THAT TAKES INTO 25 CONSIDERATION USEFUL LIFE, AGE, CONDITION, AND OTHER FACTORS 26 DETERMINED TO BE APP ROPRIATE BY THE ADMINISTRATION . 27 (G) THE ADMINISTRATION SHALL ALLOCATE FUNDS IN TH E PROGRAM 28 BASED ON A PRIORITY RANKING SYSTEM . 29 SECTION 2. AND BE IT FURTHER ENACTED, That the terms of the members of 30 the Maryland Transportation Commission appointed in accordance with this Act shall 31 expire as follows: 32 30 HOUSE BILL 20 (1) of the members appointed by the Governor: 1 (i) two members in 2026; 2 (ii) two members in 2027; 3 (iii) two members in 2028; and 4 (iv) two members in 2029; 5 (2) of the members appointed by the Speaker of the House: 6 (i) one member in 2027; and 7 (ii) one member in 2028; and 8 (3) of the members appointed by the President of the Senate: 9 (i) one member in 2026; and 10 (ii) one member in 2029. 11 SECTION 3. AND BE IT FURTHER ENACTE D, That this Act shall take effect July 12 1, 2025. 13