EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. *sb0266* SENATE BILL 266 C8, L6, M3 5lr0319 (PRE–FILED) CF HB 286 By: Chair, Education, Energy, and the Environment Committee (By Request – Departmental – Planning) Requested: October 6, 2024 Introduced and read first time: January 8, 2025 Assigned to: Education, Energy, and the Environment A BILL ENTITLED AN ACT concerning 1 Local Comprehensive Planning and State Economic Growth, Resource 2 Protection, and Planning Policy – Planning Principles 3 FOR the purpose of altering the planning visions for local comprehensive planning to 4 consist of certain planning principles; altering the State Economic Growth, Resource 5 Protection, and Planning Policy to consist of certain planning principles; requiring 6 the publisher of the Annotated Code of Maryland, in consultation with the 7 Department of Legislative Services, to correct cross–references and terminology in 8 the Code that are rendered incorrect by this Act; and generally relating to local 9 comprehensive planning and the State Economic Growth, Resource Protection, and 10 Planning Policy. 11 BY repealing and reenacting, with amendments, 12 Article – Land Use 13 Section 1–201 14 Annotated Code of Maryland 15 (2012 Volume and 2024 Supplement) 16 BY repealing and reenacting, with amendments, 17 Article – State Finance and Procurement 18 Section 5–7A–01 and 5–7B–05(a)(3) 19 Annotated Code of Maryland 20 (2021 Replacement Volume and 2024 Supplement) 21 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22 That the Laws of Maryland read as follows: 23 Article – Land Use 24 2 SENATE BILL 266 1–201. 1 In addition to the requirements of § 3–201(a) and (b) of this article, a planning 2 commission shall implement the following [visions] PLANNING PRINCIPLES through the 3 comprehensive plan described in Title 3 of this article: 4 [(1) quality of life and sustainability: a high quality of life is achieved 5 through universal stewardship of the land, water, and air resulting in sustainable 6 communities and protection of the environment; 7 (2) public participation: citizens are active partners in the planning and 8 implementation of community initiatives and are sensitive to their responsibilities in 9 achieving community goals; 10 (3) growth areas: growth is concentrated in existing population and 11 business centers, growth areas adjacent to these centers, or strategically selected new 12 centers; 13 (4) community design: compact, mixed–use, walkable design consistent 14 with existing community character and located near available or planned transit options is 15 encouraged to ensure efficient use of land and transportation resources and preservation 16 and enhancement of natural systems, open spaces, recreational areas, and historical, 17 cultural, and archaeological resources; 18 (5) infrastructure: growth areas have the water resources and 19 infrastructure to accommodate population and business expansion in an orderly, efficient, 20 and environmentally sustainable manner; 21 (6) transportation: a well–maintained, multimodal transportation system 22 facilitates the safe, convenient, affordable, and efficient movement of people, goods, and 23 services within and between population and business centers; 24 (7) housing: a range of housing densities, types, and sizes provides 25 residential options for citizens of all ages and incomes; 26 (8) economic development: economic development and natural 27 resource–based businesses that promote employment opportunities for all income levels 28 within the capacity of the State’s natural resources, public services, and public facilities are 29 encouraged; 30 (9) environmental protection: land and water resources, including the 31 Chesapeake and coastal bays, are carefully managed to restore and maintain healthy air 32 and water, natural systems, and living resources; 33 (10) resource conservation: waterways, forests, agricultural areas, open 34 space, natural systems, and scenic areas are conserved; 35 SENATE BILL 266 3 (11) stewardship: government, business entities, and residents are 1 responsible for the creation of sustainable communities by collaborating to balance efficient 2 growth with resource protection; and 3 (12) implementation: strategies, policies, programs, and funding for growth 4 and development, resource conservation, infrastructure, and transportation are integrated 5 across the local, regional, State, and interstate levels to achieve these visions.] 6 (1) LAND: OPTIMIZE LAND PRODUC TIVITY WITHIN POPULA TION 7 CENTERS AND IN PROXI MITY TO EXISTING INF RASTRUCTURE AND FACI LITIES; 8 (2) TRANSPORTATION : PRIORITIZE TRANSPORT ATION NETWORKS 9 THAT CREA TE ENERGY EFFICIENT , AFFORDABLE , AND RELIABLE ACCESS TO JOBS, 10 HOUSING, AND SERVICES; 11 (3) HOUSING: ENABLE A MIX OF QUAL ITY HOUSING TYPES AN D 12 AFFORDABILITY OPTION S TO ACCOMMODATE ALL WHO WANT TO LIVE IN THE STATE; 13 (4) ECONOMY: ALLOW FOR ADAPTIVE R EUSE, MIXED–USE, AND 14 CONTEXT APPROPRIATE NEW DEVELOPMENT THAT RESPONDS TO CHANGING 15 MARKETS AND INNOVATI ONS; 16 (5) EQUITY: ENGAGE ALL SECTORS O F THE COMMUNITY IN P LAN 17 DEVELOPMENT TO ENSUR E DIVERSE VOICES ARE HEARD AND THE NEEDS OF 18 UNDERSERVED POPULATI ONS ARE PRIORITIZED; 19 (6) RESILIENCE: INTEGRATE RESILIENCY MEASURES THAT WILL 20 MINIMIZE THE IMPACTS OF RAPID AND UNEXPEC TED NATURAL – AND 21 HUMAN–CAUSED THREATS ON CO MMUNITIES; 22 (7) PLACE: PROVIDE FOR PUBLIC S PACES THAT ENCOURAGE SOCIAL 23 INTERACTION AND VALU E CULTURAL, HISTORICAL, AND NATURAL RESOURCE S; AND 24 (8) ECOLOGY: PROTECT AND RESTORE SENSITIVE ECOLOGICAL 25 SYSTEMS. 26 Article – State Finance and Procurement 27 5–7A–01. 28 The State Economic Growth, Resource Protection, and Planning Policy [is the 29 following] CONSISTS OF THE FOLL OWING PLANNING PRINC IPLES FOR ADVANCING 30 SUSTAINABLE GROWTH I N THE STATE: 31 4 SENATE BILL 266 [(1) quality of life and sustainability: a high quality of life is achieved 1 through universal stewardship of the land, water, and air resulting in sustainable 2 communities and protection of the environment; 3 (2) public participation: citizens are active partners in the planning and 4 implementation of community initiatives and are sensitive to their responsibilities in 5 achieving community goals; 6 (3) growth areas: growth is concentrated in existing population and 7 business centers, growth areas adjacent to these centers, or strategically selected new 8 centers; 9 (4) community design: compact, mixed–use, walkable design consistent 10 with existing community character and located near available or planned transit options is 11 encouraged to ensure efficient use of land and transportation resources and preservation 12 and enhancement of natural systems, open spaces, recreational areas, and historical, 13 cultural, and archeological resources; 14 (5) infrastructure: growth areas have the water resources and 15 infrastructure to accommodate population and business expansion in an orderly, efficient, 16 and environmentally sustainable manner; 17 (6) transportation: a well–maintained, multimodal transportation system 18 facilitates the safe, convenient, affordable, and efficient movement of people, goods, and 19 services within and between population and business centers; 20 (7) housing: a range of housing densities, types, and sizes provides 21 residential options for citizens of all ages and incomes; 22 (8) economic development: economic development and natural 23 resource–based businesses that promote employment opportunities for all income levels 24 within the capacity of the State’s natural resources, public services, and public facilities are 25 encouraged; 26 (9) environmental protection: land and water resources, including the 27 Chesapeake and coastal bays, are carefully managed to restore and maintain healthy air 28 and water, natural systems, and living resources; 29 (10) resource conservation: waterways, forests, agricultural areas, open 30 space, natural systems, and scenic areas are conserved; 31 (11) stewardship: government, business entities, and residents are 32 responsible for the creation of sustainable communities by collaborating to balance efficient 33 growth with resource protection; and 34 SENATE BILL 266 5 (12) implementation: strategies, policies, programs, and funding for growth 1 and development, resource conservation, infrastructure, and transportation are integrated 2 across the local, regional, State, and interstate levels to achieve these visions.] 3 (1) LAND: OPTIMIZE LAND PRODUC TIVITY WITHIN POPULA TION 4 CENTERS AND IN PROXI MITY TO EXISTING INF RASTRUCTURE AND FACI LITIES; 5 (2) TRANSPORTATION : PRIORITIZE TR ANSPORTATION NETWORK S 6 THAT CREATE ENERGY E FFICIENT, AFFORDABLE , AND RELIABLE ACCESS TO JOBS, 7 HOUSING, AND SERVICES; 8 (3) HOUSING: ENABLE A MIX OF QUAL ITY HOUSING TYPES AN D 9 AFFORDABILITY OPTION S TO ACCOMMODATE ALL WHO WANT TO LIVE IN THE STATE; 10 (4) ECONOMY: ALLOW FOR ADAPTIVE R EUSE, MIXED–USE, AND 11 CONTEXT APPROPRIATE NEW DEVELOPMENT THAT RESPONDS TO CHANGING 12 MARKETS AND INNOVATI ONS; 13 (5) EQUITY: ENGAGE ALL SECTORS O F THE COMMUNITY IN P LAN 14 DEVELOPMENT TO ENSUR E DIVERSE VOICES ARE HEARD AND THE NEEDS OF 15 UNDERSERVED POPULATI ONS ARE PRIORITIZED ; 16 (6) RESILIENCE: INTEGRATE RESILIENCY MEASURES THAT WILL 17 MINIMIZE THE IMPACTS OF RAPID AND UNEXPEC TED NATURAL – AND 18 HUMAN–CAUSED THREATS ON CO MMUNITIES; 19 (7) PLACE: PROVIDE FOR PUBLIC S PACES THAT ENCOURAGE SOCIAL 20 INTERACTION AND VALU E CULTURAL, HISTORICAL, AND NATURAL RESOURCE S; AND 21 (8) ECOLOGY: PROTECT AND RESTORE SENSITIVE ECOLOGICAL 22 SYSTEMS. 23 5–7B–05. 24 (a) (3) The Board of Public Works may approve a transportation project under 25 paragraph (1)(ii) of this subsection if the transportation project: 26 (i) maintains the existing transportation system, if the Department 27 of Transportation and the Department of Planning determine the project does not serve to 28 significantly increase highway capacity; 29 (ii) serves to connect priority funding areas, if: 30 1. the Department of Transportation and the Department of 31 Planning determine that adequate access control or other measures are in place to: 32 6 SENATE BILL 266 A. prevent development that is inconsistent with § 1 [5–7A–01(1), (2), and (3)] 5–7A–01 of this title; and 2 B. maintain the viability of the project while concomitantly 3 constraining development which potentially detracts from main street business areas; and 4 2. the Department of Transportation and the Department of 5 Planning have first determined whether alternative transportation modes, such as mass 6 transit and transportation demand management, provide a reasonable alternative to the 7 project and that no reasonable alternative exists; 8 (iii) has the sole purpose of providing control of access by the 9 Department of Transportation along an existing highway corridor; or 10 (iv) due to its operational or physical characteristics, must be located 11 away from other development. 12 SECTION 2. AND BE IT FURTHER ENACTED, That the publisher of the 13 Annotated Code of Maryland, in consultation with and subject to the approval of the 14 Department of Legislative Services, shall correct, with no further action required by the 15 General Assembly, cross–references and terminology rendered incorrect by this Act. The 16 publisher shall adequately describe any correction that is made in an editor’s note following 17 the section affected. 18 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 19 October 1, 2025. 20