Old | New | Differences | |
---|---|---|---|
1 | - | WES MOORE, Governor Ch. 61 | |
2 | 1 | ||
3 | - | – 1 – | |
4 | - | Chapter 61 | |
5 | - | (House Bill 272) | |
6 | 2 | ||
7 | - | AN ACT concerning | |
3 | + | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW . | |
4 | + | [Brackets] indicate matter deleted from existing law. | |
5 | + | Underlining indicates amendments to bill. | |
6 | + | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
7 | + | amendment. | |
8 | + | *hb0272* | |
8 | 9 | ||
9 | - | Maryland Department of Planning – Modernization | |
10 | + | HOUSE BILL 272 | |
11 | + | P1 5lr0304 | |
12 | + | (PRE–FILED) CF SB 236 | |
13 | + | By: Chair, Environment and Transportation Committee (By Request – | |
14 | + | Departmental – Planning) | |
15 | + | Requested: October 6, 2024 | |
16 | + | Introduced and read first time: January 8, 2025 | |
17 | + | Assigned to: Environment and Transportation | |
18 | + | Committee Report: Favorable with amendments | |
19 | + | House action: Adopted | |
20 | + | Read second time: February 18, 2025 | |
10 | 21 | ||
11 | - | FOR the purpose of requiring the State Administrator of Elections to submit certain | |
12 | - | information to the Secretary of Planning under certain circumstances; altering a | |
13 | - | requirement that the Department of the Environment submit certain proposals to | |
14 | - | the Department of Planning under certain circumstances; altering certain | |
15 | - | requirements related to the Department of Planning preparing certain population | |
16 | - | projections; repealing a provision authorizing the Secretary of Planning or staff | |
17 | - | member of the Department of Planning to access certain capital facilities planning | |
18 | - | information and to enter certain State–owned land under certain circumstances; | |
19 | - | repealing a certain provision authorizing the Department of Planning to include | |
20 | - | certain funding in the Department’s budget for the Maryland–National Capital Park | |
21 | - | and Planning Commission; repealing a provision requiring the Department of | |
22 | - | Planning to establish certain statewide classification standards; altering certain | |
23 | - | provisions requiring the Department of Planning to be a repository and | |
24 | - | clearinghouse for information relating to State–owned real property; repealing an | |
25 | - | obsolete reference to the State Economic Growth, Resource Protection, and Planning | |
26 | - | Commission; repealing a requirement that each local jurisdiction file a certain report | |
27 | - | with the State Economic Growth, Resource Protection, and Planning Commission; | |
28 | - | and generally relating to the Department of Planning and State planning. | |
22 | + | CHAPTER ______ | |
29 | 23 | ||
30 | - | BY repealing and reenacting, with amendments, | |
31 | - | Article – Election Law | |
32 | - | Section 2–303(d) | |
33 | - | Annotated Code of Maryland | |
34 | - | (2022 Replacement Volume and 2024 Supplement) | |
24 | + | AN ACT concerning 1 | |
35 | 25 | ||
36 | - | BY repealing and reenacting, with amendments, | |
37 | - | Article – Environment | |
38 | - | Section 9–507(b) | |
39 | - | Annotated Code of Maryland | |
40 | - | (2014 Replacement Volume and 2024 Supplement) | |
26 | + | Maryland Department of Planning – Modernization 2 | |
41 | 27 | ||
42 | - | BY repealing and reenacting, without amendments, | |
43 | - | Article – State Finance and Procurement | |
44 | - | Section 5–101 | |
45 | - | Annotated Code of Maryland | |
46 | - | (2021 Replacement Volume and 2024 Supplement) | |
28 | + | FOR the purpose of requiring the State Administrator of Elections to submit certain 3 | |
29 | + | information to the Secretary of Planning under certain circumstances; altering a 4 | |
30 | + | requirement that the Department of the Environment submit certain proposals to 5 | |
31 | + | the Department of Planning under certain circumstances; altering certain 6 | |
32 | + | requirements related to the Department of Planning preparing certain population 7 | |
33 | + | projections; repealing a provision authorizing the Secretary of Planning or staff 8 | |
34 | + | member of the Department of Planning to access certain capital facilities planning 9 | |
35 | + | information and to enter certain State–owned land under certain circumstances; 10 | |
36 | + | repealing a certain provision authorizing the Department of Planning to include 11 | |
37 | + | certain funding in the Department’s budget for the Maryland–National Capital Park 12 | |
38 | + | and Planning Commission; repealing a provision requiring the Department of 13 | |
39 | + | Planning to establish certain statewide classification standards; altering certain 14 | |
40 | + | provisions requiring the Department of Planning to be a repository and 15 | |
41 | + | clearinghouse for information relating to State–owned real property; repealing an 16 | |
42 | + | obsolete reference to the State Economic Growth, Resource Protection, and Planning 17 | |
43 | + | Commission; repealing a requirement that each local jurisdiction file a certain report 18 | |
44 | + | with the State Economic Growth, Resource Protection, and Planning Commission; 19 | |
45 | + | and generally relating to the Department of Planning and State planning. 20 | |
47 | 46 | ||
48 | - | BY repealing and reenacting, with amendments, | |
49 | - | Article – | |
47 | + | BY repealing and reenacting, with amendments, 21 | |
48 | + | Article – Election Law 22 2 HOUSE BILL 272 | |
50 | 49 | ||
51 | - | – 2 – | |
52 | - | Section 5–306, 5–307, 5–503, and 5–7A–02 | |
53 | - | Annotated Code of Maryland | |
54 | - | (2021 Replacement Volume and 2024 Supplement) | |
55 | 50 | ||
56 | - | BY repealing | |
57 | - | Article – State Finance and Procurement | |
58 | - | Section 5–311, 5–407, and 5–502 | |
59 | - | Annotated Code of Maryland | |
60 | - | (2021 Replacement Volume and 2024 Supplement) | |
51 | + | Section 2–303(d) 1 | |
52 | + | Annotated Code of Maryland 2 | |
53 | + | (2022 Replacement Volume and 2024 Supplement) 3 | |
61 | 54 | ||
62 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, | |
63 | - | That the Laws of Maryland read as follows: | |
55 | + | BY repealing and reenacting, with amendments, 4 | |
56 | + | Article – Environment 5 | |
57 | + | Section 9–507(b) 6 | |
58 | + | Annotated Code of Maryland 7 | |
59 | + | (2014 Replacement Volume and 2024 Supplement) 8 | |
64 | 60 | ||
65 | - | Article – Election Law | |
61 | + | BY repealing and reenacting, without amendments, 9 | |
62 | + | Article – State Finance and Procurement 10 | |
63 | + | Section 5–101 11 | |
64 | + | Annotated Code of Maryland 12 | |
65 | + | (2021 Replacement Volume and 2024 Supplement) 13 | |
66 | 66 | ||
67 | - | 2–303. | |
67 | + | BY repealing and reenacting, with amendments, 14 | |
68 | + | Article – State Finance and Procurement 15 | |
69 | + | Section 5–306, 5–307, 5–503, and 5–7A–02 16 | |
70 | + | Annotated Code of Maryland 17 | |
71 | + | (2021 Replacement Volume and 2024 Supplement) 18 | |
68 | 72 | ||
69 | - | (d) (1) Within 5 days of creating a new precinct or changing a precinct | |
70 | - | boundary, a local board shall send to the State Administrator a written description of the | |
71 | - | new boundary and a map of the area involved. | |
73 | + | BY repealing 19 | |
74 | + | Article – State Finance and Procurement 20 | |
75 | + | Section 5–311, 5–407, and 5–502 21 | |
76 | + | Annotated Code of Maryland 22 | |
77 | + | (2021 Replacement Volume and 2024 Supplement) 23 | |
72 | 78 | ||
73 | - | (2) ON RECEIPT OF THE DES CRIPTION AND MAP REL ATING TO A | |
74 | - | PRECINCT BOUNDARY DE SCRIBED IN PARAGRAPH (1) OF THIS SUBSECTION , THE | |
75 | - | STATE ADMINISTRATOR SHALL I MMEDIATELY SEND THE INFORMATION | |
76 | - | ELECTRONICALLY TO TH E SECRETARY OF PLANNING. | |
79 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24 | |
80 | + | That the Laws of Maryland read as follows: 25 | |
77 | 81 | ||
78 | - | Article – | |
82 | + | Article – Election Law 26 | |
79 | 83 | ||
80 | - | ||
84 | + | 2–303. 27 | |
81 | 85 | ||
82 | - | ( | |
83 | - | ||
84 | - | ||
86 | + | (d) (1) Within 5 days of creating a new precinct or changing a precinct 28 | |
87 | + | boundary, a local board shall send to the State Administrator a written description of the 29 | |
88 | + | new boundary and a map of the area involved. 30 | |
85 | 89 | ||
86 | - | (1) To the Department of Natural Resources for advice on natural | |
87 | - | resources matters; | |
90 | + | (2) ON RECEIPT OF THE DES CRIPTION AND MAP REL ATING TO A 31 | |
91 | + | PRECINCT BOUNDARY DE SCRIBED IN PARAGRAPH (1) OF THIS SUBSECTION , THE 32 | |
92 | + | STATE ADMINISTRATOR SHALL I MMEDIATELY SEND THE INFORMATION 33 | |
93 | + | ELECTRONICALLY TO TH E SECRETARY OF PLANNING. 34 | |
88 | 94 | ||
89 | - | (2) [To] FOR WATER AND SEWERAG E PROPOSALS ONLY , TO the | |
90 | - | Department of Planning for advice on the consistency of the proposal with the local master | |
91 | - | plan and other appropriate matters; and | |
95 | + | Article – Environment 35 | |
92 | 96 | ||
93 | - | (3) To the Department of Agriculture for advice on the impact of water and | |
94 | - | sewerage service and solid waste facilities on productive or potentially productive | |
95 | - | agricultural land. | |
97 | + | 9–507. 36 HOUSE BILL 272 3 | |
96 | 98 | ||
97 | - | Article – State Finance and Procurement WES MOORE, Governor Ch. 61 | |
98 | 99 | ||
99 | - | – 3 – | |
100 | 100 | ||
101 | - | 5–101. | |
101 | + | (b) Before the Department approves or disapproves, in whole or in part, a 1 | |
102 | + | proposed county plan or a proposed revision or amendment of a county plan, the 2 | |
103 | + | Department shall submit the proposal: 3 | |
102 | 104 | ||
103 | - | (a) In this title the following words have the meanings indicated. | |
105 | + | (1) To the Department of Natural Resources for advice on natural 4 | |
106 | + | resources matters; 5 | |
104 | 107 | ||
105 | - | (b) “Department” means the Department of Planning. | |
108 | + | (2) [To] FOR WATER AND SEWERAG E PROPOSALS ONLY , TO the 6 | |
109 | + | Department of Planning for advice on the consistency of the proposal with the local master 7 | |
110 | + | plan and other appropriate matters; and 8 | |
106 | 111 | ||
107 | - | (c) “Secretary” means the Secretary of Planning. | |
112 | + | (3) To the Department of Agriculture for advice on the impact of water and 9 | |
113 | + | sewerage service and solid waste facilities on productive or potentially productive 10 | |
114 | + | agricultural land. 11 | |
108 | 115 | ||
109 | - | ||
116 | + | Article – State Finance and Procurement 12 | |
110 | 117 | ||
111 | - | (a) The Department shall prepare population projections for the State [and for], | |
112 | - | each county, and, ON REQUEST OF A MUNICIPAL C ORPORATION , FOR A municipal | |
113 | - | corporation in the State. | |
118 | + | 5–101. 13 | |
114 | 119 | ||
115 | - | (b) The population projections PREPARED FOR THE STATE AND EACH COUNTY | |
116 | - | shall include details of age, sex, and race. | |
120 | + | (a) In this title the following words have the meanings indicated. 14 | |
117 | 121 | ||
118 | - | (c) The Department shall prepare the population projections for periods of 20 | |
119 | - | years, in 5–year intervals beginning with [1990] 2025. | |
122 | + | (b) “Department” means the Department of Planning. 15 | |
120 | 123 | ||
121 | - | (d) Beginning in 1991, the Department shall revise the population projections at | |
122 | - | least every 3 years. | |
124 | + | (c) “Secretary” means the Secretary of Planning. 16 | |
123 | 125 | ||
124 | - | (e) In preparing the population projections for the Washington metropolitan | |
125 | - | [area] AND BALTIMORE METROPOLITA N AREAS, the Department may use the | |
126 | - | population figures developed by the Maryland–National Capital Park and Planning | |
127 | - | Commission AND THE BALTIMORE METROPOLITAN COUNCIL, THE METROPOLITAN | |
128 | - | WASHINGTON COUNCIL OF GOVERNMENTS , AND THE MEMBER JURISDICTIONS OF | |
129 | - | THESE COUNCILS . | |
126 | + | 5–306. 17 | |
130 | 127 | ||
131 | - | 5–307. | |
128 | + | (a) The Department shall prepare population projections for the State [and for], 18 | |
129 | + | each county, and, ON REQUEST OF A MUNI CIPAL CORPORATION , FOR A municipal 19 | |
130 | + | corporation in the State. 20 | |
132 | 131 | ||
133 | - | ( | |
134 | - | ||
132 | + | (b) The population projections PREPARED FOR THE STATE AND EACH COUNTY 21 | |
133 | + | shall include details of age, sex, and race. 22 | |
135 | 134 | ||
136 | - | (b) The annual report shall include: | |
135 | + | (c) The Department shall prepare the population projections for periods of 20 23 | |
136 | + | years, in 5–year intervals beginning with [1990] 2025. 24 | |
137 | 137 | ||
138 | - | ( | |
139 | - | ||
138 | + | (d) Beginning in 1991, the Department shall revise the population projections at 25 | |
139 | + | least every 3 years. 26 | |
140 | 140 | ||
141 | - | (i) added, deleted, or revised since the last annual report; and | |
141 | + | (e) In preparing the population projections for the Washington metropolitan 27 | |
142 | + | [area] AND BALTIMORE METROPOLITA N AREAS, the Department may use the 28 | |
143 | + | population figures developed by the Maryland–National Capital Park and Planning 29 | |
144 | + | Commission AND THE BALTIMORE METROPOLITAN COUNCIL, THE METROPOLITAN 30 4 HOUSE BILL 272 | |
142 | 145 | ||
143 | - | (ii) filed by the Governor under § 5–605 of this title; | |
144 | - | Ch. 61 2025 LAWS OF MARYLAND | |
145 | 146 | ||
146 | - | – 4 – | |
147 | - | (2) a summary of each important study wholly or partly completed by the | |
148 | - | Department since the last annual report; and | |
147 | + | WASHINGTON COUNCIL OF GOVERNMENTS , AND THE MEMBER JURIS DICTIONS OF 1 | |
148 | + | THESE COUNCILS . 2 | |
149 | 149 | ||
150 | - | (3) [summaries of the work of the Department and of the State Economic | |
151 | - | Growth, Resource Protection, and Planning Commission] A SUMMARY OF THE WOR K OF | |
152 | - | THE DEPARTMENT. | |
150 | + | 5–307. 3 | |
153 | 151 | ||
154 | - | (c) The Department shall distribute copies of the annual report: | |
152 | + | (a) Each year, no later than 60 days before the General Assembly convenes for its 4 | |
153 | + | regular session, the Department shall submit a report to the Governor. 5 | |
155 | 154 | ||
156 | - | (1) subject to § 2–1257 of the State Government Article, to the General | |
157 | - | Assembly; | |
155 | + | (b) The annual report shall include: 6 | |
158 | 156 | ||
159 | - | (2) to the head of each department of the State government; | |
157 | + | (1) a summary and description of the nature of every section of the State 7 | |
158 | + | Development Plan that has been: 8 | |
160 | 159 | ||
161 | - | ( | |
160 | + | (i) added, deleted, or revised since the last annual report; and 9 | |
162 | 161 | ||
163 | - | ( | |
162 | + | (ii) filed by the Governor under § 5–605 of this title; 10 | |
164 | 163 | ||
165 | - | ( | |
166 | - | ||
164 | + | (2) a summary of each important study wholly or partly completed by the 11 | |
165 | + | Department since the last annual report; and 12 | |
167 | 166 | ||
168 | - | [5–311. | |
167 | + | (3) [summaries of the work of the Department and of the State Economic 13 | |
168 | + | Growth, Resource Protection, and Planning Commission] A SUMMARY OF THE WOR K OF 14 | |
169 | + | THE DEPARTMENT . 15 | |
169 | 170 | ||
170 | - | (a) The Secretary or a staff member of the Department designated by the | |
171 | - | Secretary shall have access to information that relates to capital facilities planning in the | |
172 | - | possession of any unit of the State government. | |
171 | + | (c) The Department shall distribute copies of the annual report: 16 | |
173 | 172 | ||
174 | - | (b) If the entry is made in a manner so as to cause no unnecessary injury, the | |
175 | - | Secretary or a staff member of the Department designated by the Secretary may enter, at | |
176 | - | any reasonable hour, on any State–owned land in order to make examinations and surveys | |
177 | - | that relate to capital facilities planning.] | |
173 | + | (1) subject to § 2–1257 of the State Government Article, to the General 17 | |
174 | + | Assembly; 18 | |
178 | 175 | ||
179 | - | ||
176 | + | (2) to the head of each department of the State government; 19 | |
180 | 177 | ||
181 | - | (a) In this section, “Commission” means the Maryland–National Capital Park | |
182 | - | and Planning Commission. | |
178 | + | (3) to the head of each local or regional planning agency in the State; and 20 | |
183 | 179 | ||
184 | - | (b) To provide regional planning in the area of the State subject to the jurisdiction | |
185 | - | of the Commission, and except as otherwise provided in this section, the Department may | |
186 | - | include in the annual budget of the Department the amount the Secretary considers | |
187 | - | appropriate as the State’s share of the cost of regional planning projects programmed by | |
188 | - | the Commission for the following fiscal year. | |
180 | + | (4) on request, to any federal agency. 21 | |
189 | 181 | ||
190 | - | (c) The amount included in the annual budget under subsection (b) of this section | |
191 | - | may not exceed $100,000 in any single year. | |
192 | - | WES MOORE, Governor Ch. 61 | |
182 | + | (d) The Department shall make copies of the annual report available for general 22 | |
183 | + | distribution or sale. 23 | |
193 | 184 | ||
194 | - | – 5 – | |
195 | - | (d) The Secretary shall determine which regional planning projects programmed | |
196 | - | by the Commission qualify for State assistance. | |
185 | + | [5–311. 24 | |
197 | 186 | ||
198 | - | ( | |
199 | - | Secretary | |
200 | - | ||
187 | + | (a) The Secretary or a staff member of the Department designated by the 25 | |
188 | + | Secretary shall have access to information that relates to capital facilities planning in the 26 | |
189 | + | possession of any unit of the State government. 27 | |
201 | 190 | ||
202 | - | (2) On or before August 1 of each year, the Commission shall provide the | |
203 | - | Secretary with a copy of the proposed budget of the Commission for the following fiscal | |
204 | - | year. After the copy of the proposed budget is provided to the Secretary, the Commission | |
205 | - | shall promptly notify the Secretary and obtain the approval of the Secretary for any | |
206 | - | changes in the proposed budget for regional projects funded under this section. | |
191 | + | (b) If the entry is made in a manner so as to cause no unnecessary injury, the 28 | |
192 | + | Secretary or a staff member of the Department designated by the Secretary may enter, at 29 HOUSE BILL 272 5 | |
207 | 193 | ||
208 | - | (f) The Secretary may require an annual audit of the operations of the | |
209 | - | Commission that relate to any project financed wholly or partly by payments to the | |
210 | - | Commission from the Department.] | |
211 | 194 | ||
212 | - | [5–502. | |
195 | + | any reasonable hour, on any State–owned land in order to make examinations and surveys 1 | |
196 | + | that relate to capital facilities planning.] 2 | |
213 | 197 | ||
214 | - | (a) The Department shall establish statewide classification standards for | |
215 | - | geographically referencing all basic planning information collected by any unit of the State | |
216 | - | government. | |
198 | + | [5–407. 3 | |
217 | 199 | ||
218 | - | ( | |
219 | - | ||
200 | + | (a) In this section, “Commission” means the Maryland–National Capital Park 4 | |
201 | + | and Planning Commission. 5 | |
220 | 202 | ||
221 | - | 5–503. | |
203 | + | (b) To provide regional planning in the area of the State subject to the jurisdiction 6 | |
204 | + | of the Commission, and except as otherwise provided in this section, the Department may 7 | |
205 | + | include in the annual budget of the Department the amount the Secretary considers 8 | |
206 | + | appropriate as the State’s share of the cost of regional planning projects programmed by 9 | |
207 | + | the Commission for the following fiscal year. 10 | |
222 | 208 | ||
223 | - | ( | |
224 | - | ||
209 | + | (c) The amount included in the annual budget under subsection (b) of this section 11 | |
210 | + | may not exceed $100,000 in any single year. 12 | |
225 | 211 | ||
226 | - | ( | |
227 | - | by the State | |
212 | + | (d) The Secretary shall determine which regional planning projects programmed 13 | |
213 | + | by the Commission qualify for State assistance. 14 | |
228 | 214 | ||
229 | - | (c) (1) The Department shall maintain a current, updated list of real property | |
230 | - | owned by the State [or any political subdivision of the State]. | |
215 | + | (e) (1) The Commission shall provide the Secretary with any information the 15 | |
216 | + | Secretary requires to determine which regional planning projects programmed by the 16 | |
217 | + | Commission qualify for State assistance. 17 | |
231 | 218 | ||
232 | - | (2) The list shall include pertinent details concerning size, facilities, and | |
233 | - | value. | |
219 | + | (2) On or before August 1 of each year, the Commission shall provide the 18 | |
220 | + | Secretary with a copy of the proposed budget of the Commission for the following fiscal 19 | |
221 | + | year. After the copy of the proposed budget is provided to the Secretary, the Commission 20 | |
222 | + | shall promptly notify the Secretary and obtain the approval of the Secretary for any 21 | |
223 | + | changes in the proposed budget for regional projects funded under this section. 22 | |
234 | 224 | ||
235 | - | (3) A copy of the list and any related information shall be provided to any | |
236 | - | State agency and the General Assembly upon request. | |
225 | + | (f) The Secretary may require an annual audit of the operations of the 23 | |
226 | + | Commission that relate to any project financed wholly or partly by payments to the 24 | |
227 | + | Commission from the Department.] 25 | |
237 | 228 | ||
238 | - | 5–7A–02. | |
239 | - | Ch. 61 2025 LAWS OF MARYLAND | |
229 | + | [5–502. 26 | |
240 | 230 | ||
241 | - | – 6 – | |
242 | - | (a) (1) Except as provided in paragraph (2) of this subsection, with respect to | |
243 | - | a State public works, transportation, or major capital improvement project funded through | |
244 | - | State or federal funds, the State may not provide State funding for the project if the project | |
245 | - | is not consistent with: | |
231 | + | (a) The Department shall establish statewide classification standards for 27 | |
232 | + | geographically referencing all basic planning information collected by any unit of the State 28 | |
233 | + | government. 29 | |
246 | 234 | ||
247 | - | ( | |
248 | - | ||
235 | + | (b) The classification standards may be used by any unit of the State or of a local 30 | |
236 | + | government.] 31 | |
249 | 237 | ||
250 | - | (ii) the local plan of the jurisdiction in which the project is located. | |
238 | + | 5–503. 32 | |
239 | + | 6 HOUSE BILL 272 | |
251 | 240 | ||
252 | - | (2) The State may provide State funding for a State public works, | |
253 | - | transportation, or major capital improvement project funded through State or federal funds | |
254 | - | which is not consistent with the policy or plan under paragraph (1) of this subsection if the | |
255 | - | State determines that extraordinary circumstances exist that warrant proceeding with the | |
256 | - | project and that no reasonably feasible alternative exists. | |
257 | 241 | ||
258 | - | (b) (1) Except as provided in paragraph (2) of this subsection with respect to a | |
259 | - | local construction project involving the use of State funds, grants, loans, loan guaranties, | |
260 | - | or insurance, a local jurisdiction may not approve or construct the project unless the project | |
261 | - | is consistent with the local plan. | |
242 | + | (a) The Department shall be a repository [and clearinghouse] for information 1 | |
243 | + | about STATE–OWNED real property [available for public use]. 2 | |
262 | 244 | ||
263 | - | (2) A local jurisdiction may approve and construct a local construction | |
264 | - | project which is inconsistent with the local plan under paragraph (1) of this subsection if | |
265 | - | the local jurisdiction determines that extraordinary circumstances exist that warrant | |
266 | - | proceeding with the project and that no reasonably feasible alternative exists. | |
245 | + | (b) The Department shall correlate information concerning real property owned 3 | |
246 | + | by the State [or any political subdivision of the State]. 4 | |
267 | 247 | ||
268 | - | (c) By December 1, 1992 the Governor shall establish procedures for review of | |
269 | - | State projects under subsection (a) of this section, and each local jurisdiction shall establish | |
270 | - | procedures for the review of local projects under subsection (b) of this section, to: | |
248 | + | (c) (1) The Department shall maintain a current, updated list of real property 5 | |
249 | + | owned by the State [or any political subdivision of the State]. 6 | |
271 | 250 | ||
272 | - | ( | |
273 | - | ||
251 | + | (2) The list shall include pertinent details concerning size, facilities, and 7 | |
252 | + | value. 8 | |
274 | 253 | ||
275 | - | ( | |
276 | - | ||
254 | + | (3) A copy of the list and any related information shall be provided to any 9 | |
255 | + | State agency and the General Assembly upon request. 10 | |
277 | 256 | ||
278 | - | [(d) Each local jurisdiction shall report on or before February 1 of each year to the | |
279 | - | State Economic Growth, Resource Protection, and Planning Commission on the number | |
280 | - | and type of projects approved under subsection (b)(2) of this section during the preceding | |
281 | - | calendar year, including a description of the extraordinary circumstances existing and the | |
282 | - | alternatives considered, together with any additional information required by the | |
283 | - | Commission.] | |
257 | + | 5–7A–02. 11 | |
284 | 258 | ||
285 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect | |
286 | - | October 1, 2025. | |
287 | - | WES MOORE, Governor Ch. 61 | |
259 | + | (a) (1) Except as provided in paragraph (2) of this subsection, with respect to 12 | |
260 | + | a State public works, transportation, or major capital improvement project funded through 13 | |
261 | + | State or federal funds, the State may not provide State funding for the project if the project 14 | |
262 | + | is not consistent with: 15 | |
288 | 263 | ||
289 | - | – 7 – | |
290 | - | Approved by the Governor, April 8, 2025. | |
264 | + | (i) the State Economic Growth, Resource Protection, and Planning 16 | |
265 | + | Policy established in § 5–7A–01 of this subtitle; or 17 | |
266 | + | ||
267 | + | (ii) the local plan of the jurisdiction in which the project is located. 18 | |
268 | + | ||
269 | + | (2) The State may provide State funding for a State public works, 19 | |
270 | + | transportation, or major capital improvement project funded through State or federal funds 20 | |
271 | + | which is not consistent with the policy or plan under paragraph (1) of this subsection if the 21 | |
272 | + | State determines that extraordinary circumstances exist that warrant proceeding with the 22 | |
273 | + | project and that no reasonably feasible alternative exists. 23 | |
274 | + | ||
275 | + | (b) (1) Except as provided in paragraph (2) of this subsection with respect to a 24 | |
276 | + | local construction project involving the use of State funds, grants, loans, loan guaranties, 25 | |
277 | + | or insurance, a local jurisdiction may not approve or construct the project unless the project 26 | |
278 | + | is consistent with the local plan. 27 | |
279 | + | ||
280 | + | (2) A local jurisdiction may approve and construct a local construction 28 | |
281 | + | project which is inconsistent with the local plan under paragraph (1) of this subsection if 29 | |
282 | + | the local jurisdiction determines that extraordinary circumstances exist that warrant 30 | |
283 | + | proceeding with the project and that no reasonably feasible alternative exists. 31 | |
284 | + | ||
285 | + | (c) By December 1, 1992 the Governor shall establish procedures for review of 32 | |
286 | + | State projects under subsection (a) of this section, and each local jurisdiction shall establish 33 | |
287 | + | procedures for the review of local projects under subsection (b) of this section, to: 34 | |
288 | + | HOUSE BILL 272 7 | |
289 | + | ||
290 | + | ||
291 | + | (1) ensure that the projects are consistent with their respective policy and 1 | |
292 | + | plans; and 2 | |
293 | + | ||
294 | + | (2) evaluate extraordinary circumstances under subsections (a)(2) and 3 | |
295 | + | (b)(2) of this section, respectively. 4 | |
296 | + | ||
297 | + | [(d) Each local jurisdiction shall report on or before February 1 of each year to the 5 | |
298 | + | State Economic Growth, Resource Protection, and Planning Commission on the number 6 | |
299 | + | and type of projects approved under subsection (b)(2) of this section during the preceding 7 | |
300 | + | calendar year, including a description of the extraordinary circumstances existing and the 8 | |
301 | + | alternatives considered, together with any additional information required by the 9 | |
302 | + | Commission.] 10 | |
303 | + | ||
304 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 11 | |
305 | + | October 1, 2025. 12 | |
306 | + | ||
307 | + | ||
308 | + | ||
309 | + | ||
310 | + | ||
311 | + | Approved: | |
312 | + | ________________________________________________________________________________ | |
313 | + | Governor. | |
314 | + | ________________________________________________________________________________ | |
315 | + | Speaker of the House of Delegates. | |
316 | + | ________________________________________________________________________________ | |
317 | + | President of the Senate. |