WES MOORE, Governor Ch. 61
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Chapter 61
(House Bill 272)
AN ACT concerning
Maryland Department of Planning – Modernization
FOR the purpose of requiring the State Administrator of Elections to submit certain
information to the Secretary of Planning under certain circumstances; altering a
requirement that the Department of the Environment submit certain proposals to
the Department of Planning under certain circumstances; altering certain
requirements related to the Department of Planning preparing certain population
projections; repealing a provision authorizing the Secretary of Planning or staff
member of the Department of Planning to access certain capital facilities planning
information and to enter certain State–owned land under certain circumstances;
repealing a certain provision authorizing the Department of Planning to include
certain funding in the Department’s budget for the Maryland–National Capital Park
and Planning Commission; repealing a provision requiring the Department of
Planning to establish certain statewide classification standards; altering certain
provisions requiring the Department of Planning to be a repository and
clearinghouse for information relating to State–owned real property; repealing an
obsolete reference to the State Economic Growth, Resource Protection, and Planning
Commission; repealing a requirement that each local jurisdiction file a certain report
with the State Economic Growth, Resource Protection, and Planning Commission;
and generally relating to the Department of Planning and State planning.
BY repealing and reenacting, with amendments,
Article – Election Law
Section 2–303(d)
Annotated Code of Maryland
(2022 Replacement Volume and 2024 Supplement)
BY repealing and reenacting, with amendments,
Article – Environment
Section 9–507(b)
Annotated Code of Maryland
(2014 Replacement Volume and 2024 Supplement)
BY repealing and reenacting, without amendments,
Article – State Finance and Procurement
Section 5–101
Annotated Code of Maryland
(2021 Replacement Volume and 2024 Supplement)
BY repealing and reenacting, with amendments,
Article – State Finance and Procurement Ch. 61 2025 LAWS OF MARYLAND
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Section 5–306, 5–307, 5–503, and 5–7A–02
Annotated Code of Maryland
(2021 Replacement Volume and 2024 Supplement)
BY repealing
Article – State Finance and Procurement
Section 5–311, 5–407, and 5–502
Annotated Code of Maryland
(2021 Replacement Volume and 2024 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Election Law
2–303.
(d) (1) Within 5 days of creating a new precinct or changing a precinct
boundary, a local board shall send to the State Administrator a written description of the
new boundary and a map of the area involved.
(2) ON RECEIPT OF THE DES CRIPTION AND MAP REL ATING TO A
PRECINCT BOUNDARY DE SCRIBED IN PARAGRAPH (1) OF THIS SUBSECTION , THE
STATE ADMINISTRATOR SHALL I MMEDIATELY SEND THE INFORMATION
ELECTRONICALLY TO TH E SECRETARY OF PLANNING.
Article – Environment
9–507.
(b) Before the Department approves or disapproves, in whole or in part, a
proposed county plan or a proposed revision or amendment of a county plan, the
Department shall submit the proposal:
(1) To the Department of Natural Resources for advice on natural
resources matters;
(2) [To] FOR WATER AND SEWERAG E PROPOSALS ONLY , TO the
Department of Planning for advice on the consistency of the proposal with the local master
plan and other appropriate matters; and
(3) To the Department of Agriculture for advice on the impact of water and
sewerage service and solid waste facilities on productive or potentially productive
agricultural land.
Article – State Finance and Procurement WES MOORE, Governor Ch. 61
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5–101.
(a) In this title the following words have the meanings indicated.
(b) “Department” means the Department of Planning.
(c) “Secretary” means the Secretary of Planning.
5–306.
(a) The Department shall prepare population projections for the State [and for],
each county, and, ON REQUEST OF A MUNICIPAL C ORPORATION , FOR A municipal
corporation in the State.
(b) The population projections PREPARED FOR THE STATE AND EACH COUNTY
shall include details of age, sex, and race.
(c) The Department shall prepare the population projections for periods of 20
years, in 5–year intervals beginning with [1990] 2025.
(d) Beginning in 1991, the Department shall revise the population projections at
least every 3 years.
(e) In preparing the population projections for the Washington metropolitan
[area] AND BALTIMORE METROPOLITA N AREAS, the Department may use the
population figures developed by the Maryland–National Capital Park and Planning
Commission AND THE BALTIMORE METROPOLITAN COUNCIL, THE METROPOLITAN
WASHINGTON COUNCIL OF GOVERNMENTS , AND THE MEMBER JURISDICTIONS OF
THESE COUNCILS .
5–307.
(a) Each year, no later than 60 days before the General Assembly convenes for its
regular session, the Department shall submit a report to the Governor.
(b) The annual report shall include:
(1) a summary and description of the nature of every section of the State
Development Plan that has been:
(i) added, deleted, or revised since the last annual report; and
(ii) filed by the Governor under § 5–605 of this title;
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(2) a summary of each important study wholly or partly completed by the
Department since the last annual report; and
(3) [summaries of the work of the Department and of the State Economic
Growth, Resource Protection, and Planning Commission] A SUMMARY OF THE WOR K OF
THE DEPARTMENT.
(c) The Department shall distribute copies of the annual report:
(1) subject to § 2–1257 of the State Government Article, to the General
Assembly;
(2) to the head of each department of the State government;
(3) to the head of each local or regional planning agency in the State; and
(4) on request, to any federal agency.
(d) The Department shall make copies of the annual report available for general
distribution or sale.
[5–311.
(a) The Secretary or a staff member of the Department designated by the
Secretary shall have access to information that relates to capital facilities planning in the
possession of any unit of the State government.
(b) If the entry is made in a manner so as to cause no unnecessary injury, the
Secretary or a staff member of the Department designated by the Secretary may enter, at
any reasonable hour, on any State–owned land in order to make examinations and surveys
that relate to capital facilities planning.]
[5–407.
(a) In this section, “Commission” means the Maryland–National Capital Park
and Planning Commission.
(b) To provide regional planning in the area of the State subject to the jurisdiction
of the Commission, and except as otherwise provided in this section, the Department may
include in the annual budget of the Department the amount the Secretary considers
appropriate as the State’s share of the cost of regional planning projects programmed by
the Commission for the following fiscal year.
(c) The amount included in the annual budget under subsection (b) of this section
may not exceed $100,000 in any single year.
WES MOORE, Governor Ch. 61
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(d) The Secretary shall determine which regional planning projects programmed
by the Commission qualify for State assistance.
(e) (1) The Commission shall provide the Secretary with any information the
Secretary requires to determine which regional planning projects programmed by the
Commission qualify for State assistance.
(2) On or before August 1 of each year, the Commission shall provide the
Secretary with a copy of the proposed budget of the Commission for the following fiscal
year. After the copy of the proposed budget is provided to the Secretary, the Commission
shall promptly notify the Secretary and obtain the approval of the Secretary for any
changes in the proposed budget for regional projects funded under this section.
(f) The Secretary may require an annual audit of the operations of the
Commission that relate to any project financed wholly or partly by payments to the
Commission from the Department.]
[5–502.
(a) The Department shall establish statewide classification standards for
geographically referencing all basic planning information collected by any unit of the State
government.
(b) The classification standards may be used by any unit of the State or of a local
government.]
5–503.
(a) The Department shall be a repository [and clearinghouse] for information
about STATE–OWNED real property [available for public use].
(b) The Department shall correlate information concerning real property owned
by the State [or any political subdivision of the State].
(c) (1) The Department shall maintain a current, updated list of real property
owned by the State [or any political subdivision of the State].
(2) The list shall include pertinent details concerning size, facilities, and
value.
(3) A copy of the list and any related information shall be provided to any
State agency and the General Assembly upon request.
5–7A–02.
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(a) (1) Except as provided in paragraph (2) of this subsection, with respect to
a State public works, transportation, or major capital improvement project funded through
State or federal funds, the State may not provide State funding for the project if the project
is not consistent with:
(i) the State Economic Growth, Resource Protection, and Planning
Policy established in § 5–7A–01 of this subtitle; or
(ii) the local plan of the jurisdiction in which the project is located.
(2) The State may provide State funding for a State public works,
transportation, or major capital improvement project funded through State or federal funds
which is not consistent with the policy or plan under paragraph (1) of this subsection if the
State determines that extraordinary circumstances exist that warrant proceeding with the
project and that no reasonably feasible alternative exists.
(b) (1) Except as provided in paragraph (2) of this subsection with respect to a
local construction project involving the use of State funds, grants, loans, loan guaranties,
or insurance, a local jurisdiction may not approve or construct the project unless the project
is consistent with the local plan.
(2) A local jurisdiction may approve and construct a local construction
project which is inconsistent with the local plan under paragraph (1) of this subsection if
the local jurisdiction determines that extraordinary circumstances exist that warrant
proceeding with the project and that no reasonably feasible alternative exists.
(c) By December 1, 1992 the Governor shall establish procedures for review of
State projects under subsection (a) of this section, and each local jurisdiction shall establish
procedures for the review of local projects under subsection (b) of this section, to:
(1) ensure that the projects are consistent with their respective policy and
plans; and
(2) evaluate extraordinary circumstances under subsections (a)(2) and
(b)(2) of this section, respectively.
[(d) Each local jurisdiction shall report on or before February 1 of each year to the
State Economic Growth, Resource Protection, and Planning Commission on the number
and type of projects approved under subsection (b)(2) of this section during the preceding
calendar year, including a description of the extraordinary circumstances existing and the
alternatives considered, together with any additional information required by the
Commission.]
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2025.
WES MOORE, Governor Ch. 61
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Approved by the Governor, April 8, 2025.