EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0635*
SENATE BILL 635
M1, R1 5lr2122
CF HB 731
By: Senators Lewis Young and Rosapepe
Introduced and read first time: January 25, 2025
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Wildlife – Protections and Highway Crossings 2
FOR the purpose of establishing the Maryland Connectivity Coalition; establishing that 3
the State Highway Administration has final decision–making authority regarding 4
certain decisions; establishing the Wildlife Connectivity Fund; requiring the 5
Department of Natural Resources to develop a website to be used for accepting 6
donations for certain purposes; requiring the State Highway Administration to 7
include certain information in each consolidated transportation plan of the State; 8
requiring a county or local jurisdiction to consider certain factors when enacting, 9
adopting, amending, or executing a comprehensive plan; and generally relating to 10
wildlife protection. 11
BY repealing and reenacting, without amendments, 12
Article – Natural Resources 13
Section 10–2A–01(a), (d), and (l) 14
Annotated Code of Maryland 15
(2023 Replacement Volume and 2024 Supplement) 16
BY adding to 17
Article – Natural Resources 18
Section 10–2A–06.2 19
Annotated Code of Maryland 20
(2023 Replacement Volume and 2024 Supplement) 21
BY repealing and reenacting, with amendments, 22
Article – Land Use 23
Section 1–408 and 3–104 24
Annotated Code of Maryland 25
(2012 Volume and 2024 Supplement) 26
BY repealing and reenacting, without amendments, 27 2 SENATE BILL 635
Article – State Finance and Procurement 1
Section 6–226(a)(2)(i) 2
Annotated Code of Maryland 3
(2021 Replacement Volume and 2024 Supplement) 4
BY repealing and reenacting, with amendments, 5
Article – State Finance and Procurement 6
Section 6–226(a)(2)(ii)204. and 205. 7
Annotated Code of Maryland 8
(2021 Replacement Volume and 2024 Supplement) 9
BY adding to 10
Article – State Finance and Procurement 11
Section 6–226(a)(2)(ii)206. 12
Annotated Code of Maryland 13
(2021 Replacement Volume and 2024 Supplement) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Natural Resources 17
10–2A–01. 18
(a) In this subtitle the following words have the meanings indicated. 19
(d) (1) “Endangered species” means any species whose continued existence as 20
a viable component of the State’s wildlife or plants is determined to be in jeopardy. 21
(2) “Endangered species” includes any species of wildlife or plant 22
determined to be an “endangered species” pursuant to the Endangered Species Act. 23
(l) “Threatened species” means any species of wildlife or plants which appears 24
likely, within the foreseeable future, to become endangered including any species of wildlife 25
or plant determined to be a “threatened species” pursuant to the Endangered Species Act. 26
10–2A–06.2. 27
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 28
INDICATED. 29
(2) “COALITION” MEANS THE MARYLAND CONNECTIVITY 30
COALITION. 31
(3) “ENDANGERED SPECIES ” HAS THE MEANING STAT ED IN § 32
10–2A–01 OF THIS SUBTITLE. 33 SENATE BILL 635 3
(4) “FUND” MEANS THE WILDLIFE CONNECTIVITY FUND. 1
(5) “THREATENED SPECIES ” HAS THE MEANING STAT ED IN § 2
10–2A–01 OF THIS SUBTITLE. 3
(6) “WILDLIFE CONNECTIVITY ” MEANS THE ABILITY OF WILDLIFE TO 4
MOVE FREELY BETWEEN HABITATS TO ACCESS R ESOURCES, MAINTAIN HEALTHY 5
POPULATIONS , AND ADAPT TO ENVIRON MENTAL CHANGES . 6
(7) “WILDLIFE CRO SSINGS” MEANS IMPROVEMENTS T O ROADS, 7
BRIDGES, OR HIGHWAYS DESIGNED TO IMPROVE WILDLIFE CONNECTIVITY OR TO 8
REDUCE COLLISIONS BE TWEEN VEHICLES AND W ILDLIFE. 9
(B) (1) THERE IS A MARYLAND CONNECTIVITY COALITION. 10
(2) THE PURPOSE OF THE COALITION IS TO FOSTE R COLLABORATION 11
AMONG STATE AND FEDERAL AGE NCIES, NONGOVERNMENTAL ORGA NIZATIONS, 12
AND OTHER STAKEHOLDE RS TO: 13
(I) PROTECT THREATENED AN D ENDANGERED SPECIES FROM 14
HABITAT FRAGMENTATIO N THAT REDUCES ACCES S TO RESOURCES SUCH AS FOOD 15
OR POTENTIAL MATES ; 16
(II) PROTECT MOTORISTS AND WILDLIFE IN THE STATE BY 17
REDUCING COLLISIONS BETWEEN VEHICLES AND WILDLIFE; AND 18
(III) FACILITATE THE SHARIN G OF RESOURCES , DATA, AND 19
EXPERTISE RELATING T O WILDLIFE HABITAT C ONNECTIVITY. 20
(3) THE COALITION CONSISTS OF THE FOLLOWING MEMBERS : 21
(I) THE SECRETARY OF NATURAL RESOURCES, OR THE 22
SECRETARY’S DESIGNEE; 23
(II) THE STATE HIGHWAY ADMINISTRATOR , OR THE 24
ADMINISTRATOR ’S DESIGNEE; 25
(III) ONE MEMBER OF THE HOUSE OF DELEGATES, APPOINTED 26
BY THE SPEAKER OF THE HOUSE; 27
(IV) ONE MEMBER OF THE SENATE OF MARYLAND, APPOINTED 28
BY THE PRESIDENT OF THE SENATE; AND 29 4 SENATE BILL 635
(V) REPRESENTATIVES OF AN Y OTHER STATE AGENCIES , 1
FEDERAL AGENCIES , NONGOVERNMENTAL ORGA NIZATIONS, REGIONAL 2
COALITIONS, OR PRIVATE ENTITIES SELECTED BY THE SECRETARY AND THE STATE 3
HIGHWAY ADMINISTRATOR . 4
(4) THE DEPARTMENT AND THE STATE HIGHWAY ADMINISTRATION 5
SHALL ADOPT RULES FO R THE COALITION, INCLUDING: 6
(I) MEMBERSHIP IN THE COALITION; 7
(II) THE ROLE OF ANY NONGO VERNMENTAL ORGANIZAT IONS 8
OR PRIVATE ENTITIE S THAT ARE MEMBERS O F THE COALITION; 9
(III) THE ROLES AND RESPONS IBILITIES OF THE LEA DERSHIP OF 10
THE COALITION; AND 11
(IV) MEETING RULES AND PRO CEDURES. 12
(5) (I) THE COALITION SHALL DEVEL OP CRITERIA FOR 13
PRIORITIZING WILDLIF E CONNECTIVITY PROJE CTS. 14
(II) CRITERIA DEVELOPED UN DER SUBPARAGRAPH (I) OF THIS 15
PARAGRAPH MAY INCLUD E: 16
1. LOCATIONS WITH A HIGH NUMBER OF COLLISIONS 17
BETWEEN VEHICLES AND WILDLIFE; 18
2. LOCATIONS WHERE HIGHW AYS DIVIDE THE HABIT AT 19
OF THREATENED OR END ANGERED SPECIES ; 20
3. LOCATIONS WHERE WILDL IFE CROSSINGS COULD BE 21
DESIGNED TO FACILITA TE MULTIPLE SPECIES ; 22
4. EQUITY IN DISTRIBUTIN G FUNDS BETWEEN : 23
A. DIFFERENT REGIONS OF THE STATE; AND 24
B. URBAN, SUBURBAN, AND RURAL AREAS ; AND 25
5. ANY OTHER CRITERIA ID ENTIFIED BY THE 26
COALITION. 27
SENATE BILL 635 5
(6) THE COALITION SHALL DEVEL OP PERFORMANCE METRI CS TO 1
EVALUATE THE SUCCESS OF FUNDED PROJECTS , INCLUDING: 2
(I) MEASURABLE OUTCOMES , SUCH AS REDUCTIONS I N 3
COLLISIONS BETWEEN V EHICLES AND WILDLIFE ; AND 4
(II) ENHANCEMENTS TO HABITAT CONNECTIVITY . 5
(7) THE COALITION SHALL MEET QUARTERLY TO : 6
(I) SHARE NEW DATA , ANALYSES, AND RESEARCH ; 7
(II) IDENTIFY ANY ADDITION AL DATA, ANALYSES, OR RESEARCH 8
NEEDED; 9
(III) UPDATE THE MEMBERS ON THE STATUS OF PLANNE D OR 10
ONGOING WILDLI FE CROSSINGS; 11
(IV) IDENTIFY LOCATIONS WH ERE ADDITIONAL WILDL IFE 12
CONNECTIVITY IS NEED ED; AND 13
(V) MAKE RECOMMENDATIONS ON DISBURSEMENTS FRO M THE 14
FUND. 15
(8) THE STATE HIGHWAY ADMINISTRATION SHALL HAVE FINAL 16
DECISION–MAKING AUTHORITY REG ARDING ANY DECISION RELATING TO THE 17
PLACEMENT , FUNDING, OR DESIGN OF WILDLIF E CROSSINGS. 18
(9) THE COALITION SHALL DEVEL OP A WEBSITE AND PUB LISH ON ITS 19
WEBSITE: 20
(I) THE PURPOSE , HISTORY, AND MEMBERS OF THE 21
COALITION; 22
(II) ANY CRITERIA USED FOR PRIORITIZING P ROJECTS; 23
(III) ANY DATA, ANALYSES, OR RESEARCH RELEVANT TO THE 24
PURPOSE OF THE COALITION; 25
(IV) COALITION MEETING AGE NDAS AND MINUTES ; 26
(V) INFORMATION TO EDUCAT E THE PUBLIC ON THE 27
IMPORTANCE OF WILDLI FE CONNECTIVITY AND WILDLIFE CROSSINGS ; AND 28 6 SENATE BILL 635
(VI) COMPLETED WILDLIFE CR OSSINGS AND WILDLIFE 1
CROSSINGS UNDER DEVE LOPMENT. 2
(C) (1) THERE IS A WILDLIFE CONNECTIVITY FUND. 3
(2) THE PURPOSE OF THE FUND IS TO: 4
(I) PROTECT ANY TERRESTRI AL OR SEMIAQUATIC 5
THREATENED SPECIES , ENDANGERED SPECIES , OR SPECIES OF GREATEST 6
CONSERVATION NEED WHOSE HABITAT OR MOVEMENT CORRIDORS I NTERSECT 7
WITH A STATE HIGHWAY ; AND 8
(II) PROTECT MOTORISTS AND WILDLIFE IN THE STATE BY 9
REDUCING COLLISIONS BETWEEN VEHICLES AND WILDLIFE. 10
(3) THE DEPARTMENT , IN CONSULTATION WITH THE STATE 11
HIGHWAY ADMINISTRATION , SHALL ADMINISTER THE FUND. 12
(4) (I) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT 13
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 14
(II) THE STATE TREASURER SHALL HOLD THE FUND 15
SEPARATELY, AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 16
(5) THE FUND CONSISTS OF : 17
(I) MONEY APPROPRIATED IN THE STATE BUDGET TO THE 18
FUND; 19
(II) INTEREST EARNINGS OF THE FUND; AND 20
(III) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED 21
FOR THE BENEFIT OF THE FUND. 22
(6) THE FUND MAY BE USED TO : 23
(I) ADVANCE WILDLIFE CROS SING OR WILDLIFE –VEHICLE 24
COLLISION MITIGATION PROJECTS; 25
(II) ASSIST WITH PREPARATI ONS NECESSARY FOR TH E 26
PROJECTS SPECIFIED U NDER ITEM (I) OF THIS PARAGRAPH , INCLUDING DATA 27
COLLECTION, FEASIBILITY STUDIES , PROJECT DESIGN , AND ENGINEERING , WHICH 28
MAY INCLUDE HYDRAULI C ANALYSIS AND SIZIN G; 29 SENATE BILL 635 7
(III) DEVELOP METHODS AND T OOLS FOR IDENTIFYING 1
LOCATIONS WHERE WILD LIFE CROSSING OR WIL DLIFE–VEHICLE COLLISION 2
MITIGATION PROJECTS WOULD: 3
1. REDUCE COLLISIONS BET WEEN VEHICLES AND 4
WILDLIFE; OR 5
2. CONNECT HABITATS OF T ERRESTRIAL OR 6
SEMIAQUATIC THREATENED SPECIES , ENDANGERED SPECIES , OR SPECIES OF 7
GREATEST CONSERVATION NEED; 8
(IV) DEVELOP REGIONAL OR S TATEWIDE HABITAT MAP S TO 9
IMPROVE HA BITAT CONNECTIVITY O R REDUCE COLLISIONS BETWEEN VEHICLES 10
AND WILDLIFE; 11
(V) CONSTRUCT EXCLUSIONAR Y FENCING; 12
(VI) PROVIDE MATCHING FUND S FOR FEDERAL GRANTS ; 13
(VII) PROVIDE MAINTENANCE F OR COMPLETED PROJECT S; 14
(VIII) MONITOR AND EVALUATE COMPLETED PROJECTS ; 15
(IX) PROVIDE EDUCATION AND OUTREACH REGARDING : 16
1. COLLISIONS BETWEEN VE HICLES AND WILDLIFE ; 17
2. THREATENED SPECIES , ENDANGERED SPECIES , OR 18
SPECIES OF GREATEST CONSERVATION NEED WHOSE HABITATS O R MOVEMENT 19
CORRIDORS ARE DIVI DED BY STATE HIGHWAYS ; AND 20
3. ANY OTHER RELATED TOP IC THE DEPARTMENT OR 21
STATE HIGHWAY ADMINISTRATION DETERM INES IS APPROPRIATE ; 22
(X) PROVIDE MATCHING GRAN TS TO COUNTIES AND 23
MUNICIPALITIES FOR P ROJECTS RELATED TO T HE PURPOSE OF THE FUND; 24
(XI) COVER THE COSTS OF RE LEVANT ADMINISTRATIO N AND 25
PERSONNEL EXPENSES , INCLUDING: 26
1. COST RECOVERY ; 27
2. GIS DATA; AND 28
8 SENATE BILL 635
3. ANY OTHER RELATED ADM INISTRATIVE COSTS ; AND 1
(XII) COVER THE COSTS OF AS SET MANAGEMENT FOR W ILDLIFE 2
CROSSING INFRASTRUCT URE, INCLUDING PLANNING , INVENTORY, CONDITION 3
INFORMATION , AND LIFE CYCLE ANALY SES. 4
(7) (I) THE STATE TREASURER SHALL INVES T THE MONEY OF THE 5
FUND IN THE SAME MANN ER AS OTHER STATE MONEY MAY BE IN VESTED. 6
(II) ANY INTEREST EARNINGS OF THE FUND SHALL BE 7
CREDITED TO THE FUND. 8
(8) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN 9
ACCORDANCE WITH THE STATE BUDGET . 10
(9) MONEY EXPENDED FROM T HE FUND FOR THE PROTECTI ONS 11
SPECIFIED IN PARAGRA PH (2) OF THIS SUBSECTION I S SUPPLEMENTAL TO AN D IS 12
NOT INTENDED TO T AKE THE PLACE OF FUN DING THAT OTHERWISE WOULD BE 13
APPROPRIATED FOR THE SE PROTECTIONS . 14
(10) IN CONSULTATION WITH THE STATE HIGHWAY ADMINISTRATION 15
AND THE COALITION, THE DEPARTMENT MAY TRANSF ER FUNDS FROM THE FUND 16
TO THE TRANSPORTATION TRUST FUND ESTABLISH ED UNDER § 3–216 OF THE 17
TRANSPORTATION ARTICLE IN ORDER TO A DVANCE THE GOALS AND PURPOSES OF 18
THE FUND. 19
(11) THE DEPARTMENT AND THE STATE HIGHWAY ADMINISTRATION 20
SHALL COORDINATE EFF ORTS WITH FEDERAL PR OGRAMS AND FUNDING 21
OPPORTUNITIES TO MAX IMIZE PROJECT IMPACTS AND USE ALL AVAILABLE 22
RESOURCES. 23
(D) THE DEPARTMENT SHALL : 24
(1) DEVELOP A WEBSITE TO BE USED FOR ACCEPTIN G DONATIONS TO 25
THE FUND; AND 26
(2) IF FEASIBLE , WORK WITH THE MOTOR VEHICLE 27
ADMINISTRATION TO PRO VIDE THE OPTION , APPEARING ON THE VEH ICLE 28
REGISTRATION PORTAL , TO DONATE TO THE FUND. 29
(E) (1) THE STATE HIGHWAY ADMINISTRATION SHALL REPORT ON 30
WILDLIFE CROSSINGS I N EACH CONSOLIDATED TRANSPORTATION PLAN OF THE 31
STATE. 32
SENATE BILL 635 9
(2) THE REPORT REQUIRED U NDER PARAGRAPH (1) OF THIS 1
SUBSECTION SHALL INC LUDE: 2
(I) TRANSPORTATION TRUST FUND EXPENDITURES FOR 3
WILDLIFE CROSSINGS ; 4
(II) WILDLIFE CROSSINGS PL ANNED AND IN PROCESS ; AND 5
(III) PERFORMANCE METRICS A ND MEASURABLE OUTCOM ES 6
EVALUATING THE SUCCE SS OF COMPLETED WILD LIFE CROSSINGS. 7
(F) THE DEPARTMENT AND THE STATE HIGHWAY ADMINISTRATION MAY 8
ADOPT REGULATIONS NE CESSARY TO CARRY OUT THE PROVISIONS OF TH IS 9
SUBTITLE. 10
Article – Land Use 11
1–408. 12
(a) (1) A sensitive areas element shall include the goals, objectives, principles, 13
policies, and standards designed to protect sensitive areas from the adverse effects of 14
development. 15
(2) A CHARTER COUNTY SHALL CONSIDER WILDLIFE MO VEMENT AND 16
HABITAT CONNECTIVITY WHEN ENACTING , ADOPTING, AMENDING, OR EXECUTING 17
A PLAN IN ACCORDANCE WITH § 1–405 OF THIS SUBTITLE. 18
(b) (1) Beginning October 1, 2013, the Department of Natural Resources shall 19
provide a statewide forest resource inventory to local jurisdictions at least every 5 years, 20
to be available for the local comprehensive plan review by local jurisdictions required 21
under § 1–416(a) of this subtitle and § 3–301(a) of this article. 22
(2) THE DEPARTMENT OF PLANNING SHALL COORDI NATE WITH THE 23
DEPARTMENT OF NATURAL RESOURCES AND THE STATE HIGHWAY 24
ADMINISTRATION TO PRO VIDE EACH CHARTER CO UNTY WITH UPDATED 25
INFORMATION ON HABIT AT CONNECTIVITY CONC ERNS AND CURRENT AND 26
PLANNED WILDLIFE CRO SSINGS. 27
(c) Before the plan is adopted, the Department of the Environment and the 28
Department of Natural Resources shall review the sensitive areas element to determine 29
whether the proposed plan is consistent with the programs and goals of the departments. 30
3–104. 31
10 SENATE BILL 635
(a) (1) A sensitive areas element shall include the goals, objectives, principles, 1
policies, and standards designed to protect sensitive areas from the adverse effects of 2
development. 3
(2) A LOCAL JURISDICTION S HALL CONSIDER WILDLI FE MOVEMENT 4
AND HABITAT CONNECTI VITY WHEN ENACTING , ADOPTING, AMENDING, OR 5
EXECUTING A PLAN IN ACCORDANCE WITH § 3–101 OF THIS SUBTITLE. 6
(b) (1) Beginning October 1, 2013, the Department of Natural Resources shall 7
provide a statewide forest resource inventory to local jurisdictions at least every 5 years, 8
to be available for the local comprehensive plan review by local jurisdictions required 9
under §§ 1–416(a) and 3–301(a) of this article. 10
(2) THE DEPARTMENT OF PLANNING SHALL COORDI NATE WITH THE 11
DEPARTMENT OF NATURAL RESOURCES AND THE STATE HIGHWAY 12
ADMINISTRATION TO PRO VIDE EACH LOCAL JURI SDICTION WITH UPDATE D 13
INFORMATION ON HABIT AT CONNECTIVITY CONC ERNS AND CURRENT AND 14
PLANNED WILDLIFE CROSSINGS . 15
(c) Before the plan is adopted, the Department of the Environment and the 16
Department of Natural Resources shall review the sensitive areas element to determine 17
whether the proposed plan is consistent with the programs and goals of the departments. 18
Article – State Finance and Procurement 19
6–226. 20
(a) (2) (i) 1. This subparagraph does not apply in fiscal years 2024 21
through 2028. 22
2. Notwithstanding any other provision of law, and unless 23
inconsistent with a federal law, grant agreement, or other federal requirement or with the 24
terms of a gift or settlement, net interest on State money allocated by the State Treasurer 25
under this section to special funds or accounts, and otherwise entitled to receive interest 26
earnings, as accounted for by the Comptroller, shall accrue to the General Fund of the 27
State. 28
(ii) The provisions of subparagraph (i) of this paragraph do not apply 29
to the following funds: 30
204. the Victims of Domestic Violence Program Grant Fund; 31
[and] 32
205. the Proposed Programs Collaborative Grant Program; 33
AND 34
SENATE BILL 635 11
206. THE WILDLIFE CONNECTIVITY FUND. 1
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 2
1, 2025. 3