Maryland 2025 Regular Session

Maryland House Bill HB272 Compare Versions

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1- WES MOORE, Governor Ch. 61
21
3-– 1 –
4-Chapter 61
5-(House Bill 272)
62
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*
89
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
1021
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 ______
2923
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
3525
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
4127
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
4746
48-BY repealing and reenacting, with amendments,
49- Article – State Finance and Procurement Ch. 61 2025 LAWS OF MARYLAND
47+BY repealing and reenacting, with amendments, 21
48+ Article – Election Law 22 2 HOUSE BILL 272
5049
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)
5550
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
6154
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
6460
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
6666
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
6872
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
7278
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
7781
78-Article – Environment
82+Article – Election Law 26
7983
80-9507.
84+2303. 27
8185
82- (b) Before the Department approves or disapproves, in whole or in part, a
83-proposed county plan or a proposed revision or amendment of a county plan, the
84-Department shall submit the proposal:
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
8589
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
8894
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
9296
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
9698
97-Article – State Finance and Procurement WES MOORE, Governor Ch. 61
9899
99-– 3 –
100100
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
102104
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
104107
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
106111
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
108115
109-5306.
116+Article State Finance and Procurement 12
110117
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
114119
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
117121
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
120123
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
123125
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
130127
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
132131
133- (a) Each year, no later than 60 days before the General Assembly convenes for its
134-regular session, the Department shall submit a report to the Governor.
132+ (b) The population projections PREPARED FOR THE STATE AND EACH COUNTY 21
133+shall include details of age, sex, and race. 22
135134
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
137137
138- (1) a summary and description of the nature of every section of the State
139-Development Plan that has been:
138+ (d) Beginning in 1991, the Department shall revise the population projections at 25
139+least every 3 years. 26
140140
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
142145
143- (ii) filed by the Governor under § 5–605 of this title;
144- Ch. 61 2025 LAWS OF MARYLAND
145146
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
149149
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
153151
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
155154
156- (1) subject to § 2–1257 of the State Government Article, to the General
157-Assembly;
155+ (b) The annual report shall include: 6
158156
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
160159
161- (3) to the head of each local or regional planning agency in the State; and
160+ (i) added, deleted, or revised since the last annual report; and 9
162161
163- (4) on request, to any federal agency.
162+ (ii) filed by the Governor under § 5–605 of this title; 10
164163
165- (d) The Department shall make copies of the annual report available for general
166-distribution or sale.
164+ (2) a summary of each important study wholly or partly completed by the 11
165+Department since the last annual report; and 12
167166
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
169170
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
173172
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
178175
179-[5–407.
176+ (2) to the head of each department of the State government; 19
180177
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
183179
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
189181
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
193184
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
197186
198- (e) (1) The Commission shall provide the Secretary with any information the
199-Secretary requires to determine which regional planning projects programmed by the
200-Commission qualify for State assistance.
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
201190
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
207193
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.]
211194
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
213197
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
217199
218- (b) The classification standards may be used by any unit of the State or of a local
219-government.]
200+ (a) In this section, “Commission” means the Maryland–National Capital Park 4
201+and Planning Commission. 5
220202
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
222208
223- (a) The Department shall be a repository [and clearinghouse] for information
224-about STATE–OWNED real property [available for public use].
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
225211
226- (b) The Department shall correlate information concerning real property owned
227-by the State [or any political subdivision of the State].
212+ (d) The Secretary shall determine which regional planning projects programmed 13
213+by the Commission qualify for State assistance. 14
228214
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
231218
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
234224
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
237228
238-5–7A–02.
239- Ch. 61 2025 LAWS OF MARYLAND
229+[5–502. 26
240230
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
246234
247- (i) the State Economic Growth, Resource Protection, and Planning
248-Policy established in § 5–7A–01 of this subtitle; or
235+ (b) The classification standards may be used by any unit of the State or of a local 30
236+government.] 31
249237
250- (ii) the local plan of the jurisdiction in which the project is located.
238+5–503. 32
239+ 6 HOUSE BILL 272
251240
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.
257241
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
262244
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
267247
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
271250
272- (1) ensure that the projects are consistent with their respective policy and
273-plans; and
251+ (2) The list shall include pertinent details concerning size, facilities, and 7
252+value. 8
274253
275- (2) evaluate extraordinary circumstances under subsections (a)(2) and
276-(b)(2) of this section, respectively.
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
277256
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
284258
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
288263
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.