EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*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
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 10, 2025
CHAPTER ______
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 2 SENATE BILL 635
Article – Land Use 1
Section 1–408 and 3–104 2
Annotated Code of Maryland 3
(2012 Volume and 2024 Supplement) 4
BY repealing and reenacting, without amendments, 5
Article – State Finance and Procurement 6
Section 6–226(a)(2)(i) 7
Annotated Code of Maryland 8
(2021 Replacement Volume and 2024 Supplement) 9
BY repealing and reenacting, with amendments, 10
Article – State Finance and Procurement 11
Section 6–226(a)(2)(ii)204. and 205. 12
Annotated Code of Maryland 13
(2021 Replacement Volume and 2024 Supplement) 14
BY adding to 15
Article – State Finance and Procurement 16
Section 6–226(a)(2)(ii)206. 17
Annotated Code of Maryland 18
(2021 Replacement Volume and 2024 Supplement) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
Article – Natural Resources 22
10–2A–01. 23
(a) In this subtitle the following words have the meanings indicated. 24
(d) (1) “Endangered species” means any species whose continued existence as 25
a viable component of the State’s wildlife or plants is determined to be in jeopardy. 26
(2) “Endangered species” includes any species of wildlife or plant 27
determined to be an “endangered species” pursuant to the Endangered Species Act. 28
(l) “Threatened species” means any species of wildlife or plants which appears 29
likely, within the foreseeable future, to become endangered including any species of wildlife 30
or plant determined to be a “threatened species” pursuant to the Endangered Species Act. 31
10–2A–06.2. 32
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 33
INDICATED. 34
SENATE BILL 635 3
(2) “COALITION” MEANS THE MARYLAND CONNECTIVITY 1
COALITION. 2
(3) “ENDANGERED SPECIES ” HAS THE MEANING STAT ED IN § 3
10–2A–01 OF THIS SUBTITLE. 4
(4) “FUND” MEANS THE WILDLIFE CONNECTIVITY FUND. 5
(5) (4) “THREATENED SPECIES ” HAS THE MEANING STAT ED IN § 6
10–2A–01 OF THIS SUBTITLE. 7
(6) (5) “WILDLIFE CONNECTIVITY ” MEANS THE ABILITY OF 8
WILDLIFE TO MOVE FRE ELY BETWEEN HABITATS TO ACCESS RESOURCES , MAINTAIN 9
HEALTHY POPULATIONS , AND ADAPT TO ENVIRON MENTAL CHAN GES. 10
(7) (6) “WILDLIFE CROSSINGS ” MEANS IMPROVEMENTS T O ROADS, 11
BRIDGES, OR HIGHWAYS DESIGNED TO IMPROVE WILDLIFE CONNECTIVITY OR TO 12
REDUCE COLLISIONS BE TWEEN VEHICLES AND W ILDLIFE. 13
(B) (1) THERE IS A MARYLAND CONNECTIVITY COALITION. 14
(2) THE PURPOSE OF THE COALITION IS TO FOSTE R COLLABORATION 15
AMONG STATE AND FEDERAL AGE NCIES, NONGOVERNMENTAL ORGA NIZATIONS, 16
AND OTHER STAKEHOLDE RS TO: 17
(I) PROTECT THREATENED AN D ENDANGERED SPECIES FROM 18
HABITAT FRAGMENTATIO N THAT REDUCES ACCES S TO RESOURCES SUCH AS FOOD 19
OR POTENTIAL MATES ; 20
(II) PROTECT MOTORISTS AND WILDLIFE IN THE STATE BY 21
REDUCING COLLISIONS BETWEEN VEHICLES AND WILDLIFE; AND 22
(III) FACILITATE THE SHARIN G OF RESOURCES , DATA, AND 23
EXPERTISE RELATING T O WILDLIFE HABITAT C ONNECTIVITY. 24
(3) THE COALITION CONSISTS OF THE FOLLOWING MEMBER S: 25
(I) THE SECRETARY OF NATURAL RESOURCES, OR THE 26
SECRETARY’S DESIGNEE; 27
(II) THE STATE HIGHWAY ADMINISTRATOR , OR THE 28
ADMINISTRATOR ’S DESIGNEE; 29
4 SENATE BILL 635
(III) ONE MEMBER OF THE HOUSE OF DELEGATES, APPOINTED 1
BY THE SPEAKER OF THE HOUSE; 2
(IV) ONE MEMBER OF THE SENATE OF MARYLAND, APPOINTED 3
BY THE PRESIDENT OF THE SENATE; AND 4
(V) REPRESENTATIVES OF AN Y OTHER STATE AGENCIES , 5
FEDERAL AGENCIES , NONGOVERNMENTAL ORGA NIZATIONS, REGIONAL 6
COALITIONS, OR PRIVATE ENTIT IES SELECTED BY THE SECRETARY AND THE STATE 7
HIGHWAY ADMINISTRATOR . 8
(4) THE STATE HIGHWAY ADMINISTRATOR OR THE 9
ADMINISTRATOR ’S DESIGNEE SHALL SER VE AS CHAIR OF THE COALITION. 10
(5) THE DEPARTMENT AND THE STATE HIGHWAY ADMINISTRATION 11
SHALL ADOPT RULES FOR THE COALITION, INCLUDING: 12
(I) MEMBERSHIP IN THE COALITION; 13
(II) THE ROLE OF ANY NONGO VERNMENTAL ORGANIZAT IONS 14
OR PRIVATE ENTITIES THAT ARE MEMBERS OF THE COALITION; 15
(III) THE ROLES AND RESPONS IBILITIES OF THE LEA DERSHIP OF 16
THE COALITION; AND 17
(IV) MEETING RULES AND PRO CEDURES. 18
(5) (6) (I) THE COALITION SHALL DEVEL OP CRITERIA FOR 19
PRIORITIZING WILDLIF E CONNECTIVITY PROJE CTS. 20
(II) CRITERIA DEVELOPED UN DER SUBPARAGRAPH (I) OF THIS 21
PARAGRAPH MAY INCLUD E: 22
1. LOCATIONS WITH A HIGH NUMBER OF COLLISIONS 23
BETWEEN VEHICLES AND WILDLIFE; 24
2. LOCATIONS WHERE HIGHW AYS DIVIDE THE HABIT AT 25
OF THREATENED OR END ANGERED SPECIES ; 26
3. LOCATIONS WHERE WILDL IFE CROSSINGS COULD BE 27
DESIGNED TO FACILITA TE MULTIPLE SPECIES ; 28
4. EQUITY IN DISTRIBUTING FUNDS BETWE EN: 29
SENATE BILL 635 5
A. DIFFERENT REGIONS OF THE STATE; AND 1
B. URBAN, SUBURBAN, AND RURAL AREAS ; AND 2
5. ANY OTHER CRITERIA ID ENTIFIED BY THE 3
COALITION. 4
(6) (7) THE COALITION SHALL DEVEL OP PERFORMANCE METRI CS 5
TO EVALUATE THE SUCC ESS OF FUNDED PROJECTS , INCLUDING: 6
(I) MEASURABLE OUTCOMES , SUCH AS REDUCTIONS I N 7
COLLISIONS BETWEEN V EHICLES AND WILDLIFE ; AND 8
(II) ENHANCEMENTS TO HABIT AT CONNECTIVITY . 9
(7) (8) (I) THE EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF 10
THIS PARAGRAPH , THE COALITION SHALL MEET QUARTERLY TO : 11
(I) 1. SHARE NEW DATA , ANALYSES, AND RESEARCH ; 12
(II) 2. IDENTIFY ANY ADDITION AL DATA, ANALYSES, OR 13
RESEARCH NEEDED ; 14
(III) 3. UPDATE THE MEMBERS ON THE STATUS OF PLANNE D 15
OR ONGOING WILDLIFE CROSSINGS; 16
(IV) 4. IDENTIFY LOCATIONS WH ERE ADDITIONAL WILDL IFE 17
CONNECTIVITY IS NEED ED; AND 18
(V) 5. MAKE RECOMMENDATIONS ON DISBURSEMENTS 19
FROM THE FUND FUNDING FOR WILDLIFE CONNECTIVITY . 20
(II) THE COALITION MAY CANCEL A MEETING FOR LACK O F AN 21
AGENDA. 22
(8) (9) THE STATE HIGHWAY ADMINISTRATION SHALL HAVE FINAL 23
DECISION–MAKING AUTHORITY REG ARDING ANY DECISION RELATING TO THE 24
PLACEMENT , FUNDING, OR DESIGN OF WILDLIF E CROSSINGS. 25
(9) (10) THE COALITION SHALL DEVEL OP A WEBSITE AND PUB LISH 26
ON ITS WEBSITE: 27
(I) THE PURPOSE, HISTORY, AND MEMBERS OF THE 28
COALITION; 29
6 SENATE BILL 635
(II) ANY CRITERIA USED FOR PRIORITIZING PROJECT S; 1
(III) ANY DATA, ANALYSES, OR RESEARCH RELEVANT TO THE 2
PURPOSE OF THE COALITION; 3
(IV) COALITION MEETING AGE NDAS AND MINUTES ; 4
(V) INFORMATION TO EDUCATE THE PUBLIC O N THE 5
IMPORTANCE OF WILDLI FE CONNECTIVITY AND WILDLIFE CROSSINGS ; AND 6
(VI) COMPLETED WILDLIFE CR OSSINGS AND WILDLIFE 7
CROSSINGS UNDER DEVE LOPMENT. 8
(C) (1) THERE IS A WILDLIFE CONNECTIVITY FUND. 9
(2) THE PURPOSE OF THE FUND IS TO: 10
(I) PROTECT ANY TERRESTRI AL OR SEMIAQUATIC 11
THREATENED SPECIES , ENDANGERED SPECIES , OR SPECIES OF GREATEST 12
CONSERVATION NEED WHOSE HABITAT OR MOVEMENT CORRIDORS I NTERSECT 13
WITH A STATE HIGHWAY ; AND 14
(II) PROTECT MOTORISTS AND WILDLIFE IN THE STATE BY 15
REDUCING COLLISIONS BETWEEN VEHICLES AND WILDLIFE. 16
(3) THE DEPARTMENT , IN CONSULTATION WITH THE STATE 17
HIGHWAY ADMINISTRATION , SHALL ADMINISTER THE FUND. 18
(4) (I) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT 19
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 20
(II) THE STATE TREASURER SHALL HOLD THE FUND 21
SEPARATELY, AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 22
(5) THE FUND CONSISTS OF : 23
(I) MONEY APPROPRIATED IN THE STATE BUDGET TO THE 24
FUND; 25
(II) INTEREST EARNINGS OF THE FUND; AND 26
(III) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED 27
FOR THE BENEFIT OF T HE FUND. 28
(6) THE FUND MAY BE USED TO : 29 SENATE BILL 635 7
(I) ADVANCE WILDLIFE CROS SING OR WILDLIFE –VEHICLE 1
COLLISION MITIGATION PROJECTS; 2
(II) ASSIST WITH PREPARATI ONS NECESSARY FOR THE 3
PROJECTS SPECIFIED U NDER ITEM (I) OF THIS PARAGRAPH , INCLUDING DATA 4
COLLECTION, FEASIBILITY STUDIES , PROJECT DESIGN , AND ENGINEERING , WHICH 5
MAY INCLUDE HYDRAULI C ANALYSIS AND SIZIN G; 6
(III) DEVELOP METHODS AND T OOLS FOR IDENTIFYING 7
LOCATIONS WHERE WILDLIF E CROSSING OR WILDLI FE–VEHICLE COLLISION 8
MITIGATION PROJECTS WOULD: 9
1. REDUCE COLLISIONS BET WEEN VEHICLES AND 10
WILDLIFE; OR 11
2. CONNECT HABITATS OF T ERRESTRIAL OR 12
SEMIAQUATIC THREATEN ED SPECIES, ENDANGERED SPECIES , OR SPECIES OF 13
GREATEST CONSERVATION NEED; 14
(IV) DEVELOP REGIONAL OR S TATEWIDE HABITAT MAP S TO 15
IMPROVE HABITAT CONN ECTIVITY OR REDUCE C OLLISIONS BETWEEN VE HICLES 16
AND WILDLIFE; 17
(V) CONSTRUCT EXCLUSIONAR Y FENCING; 18
(VI) PROVIDE MATCHING FUND S FOR FEDERAL GRANTS ; 19
(VII) PROVIDE MAINTENANCE F OR COMPLETED PROJECT S; 20
(VIII) MONITOR AND EVALUATE COMPLETED PROJECTS ; 21
(IX) PROVIDE EDUCATION AND OUTREACH REGARDING : 22
1. COLLISIONS BETWEEN VE HICLES AND WILDLIFE ; 23
2. THREATENED SPECIES , ENDANGERED SPECIES , OR 24
SPECIES OF GREATEST CONSERVATION NEED WHOSE HABITATS O R MOVEMENT 25
CORRIDORS ARE DIVIDE D BY STATE HIGHWAYS ; AND 26
3. ANY OTHER RELATED TOP IC THE DEPARTMENT OR 27
STATE HIGHWAY ADMINISTRATION DETERM INES IS APPROPRIATE ; 28
8 SENATE BILL 635
(X) PROVIDE MATCHING GRAN TS TO COUNTIES AND 1
MUNICIPALITIES FOR P ROJECTS RELATED TO T HE PURPOSE OF THE FUND; 2
(XI) COVER THE COSTS OF RE LEVANT ADMINISTRATIO N AND 3
PERSONNEL EXPENSES , INCLUDING: 4
1. COST RECOVERY ; 5
2. GIS DATA; AND 6
3. ANY OTHER RELATED ADM INISTRATIVE COST S; AND 7
(XII) COVER THE COSTS OF AS SET MANAGEMENT FOR W ILDLIFE 8
CROSSING INFRASTRUCT URE, INCLUDING PLANNING , INVENTORY, CONDITION 9
INFORMATION , AND LIFE CYCLE ANALY SES. 10
(7) (I) THE STATE TREASURER SHALL INVES T THE MONEY OF THE 11
FUND IN THE SAME MANN ER AS OTHER STATE MONEY MAY BE IN VESTED. 12
(II) ANY INTEREST EARNINGS OF THE FUND SHALL BE 13
CREDITED TO THE FUND. 14
(8) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN 15
ACCORDANCE WITH THE STATE BUDGET . 16
(9) MONEY EXPENDED FROM T HE FUND FOR THE PROTECTI ONS 17
SPECIFIED IN PARAGRA PH (2) OF THIS SUBSECTION I S SUPPLEMENTAL TO AN D IS 18
NOT INTENDED TO TAKE THE PLACE OF FUNDING THAT OTHERWISE WOULD BE 19
APPROPRIATED FOR THE SE PROTECTIONS . 20
(10) IN CONSULTATION WITH THE STATE HIGHWAY ADMINISTRATION 21
AND THE COALITION, THE DEPARTMENT MAY TRANSF ER FUNDS FROM THE FUND 22
TO THE TRANSPORTATION TRUST FUND ESTABLISHED UNDE R § 3–216 OF THE 23
TRANSPORTATION ARTICLE IN ORDER TO A DVANCE THE GOALS AND PURPOSES OF 24
THE FUND. 25
(11) THE DEPARTMENT AND THE STATE HIGHWAY ADMINISTRATION 26
SHALL COORDINATE EFFORTS WITH FEDERAL PROGRAM S AND FUNDING 27
OPPORTUNITIES TO MAX IMIZE PROJECT IMPACT S AND USE ALL AVAILA BLE 28
RESOURCES. 29
(D) THE DEPARTMENT SHALL : 30
SENATE BILL 635 9
(1) DEVELOP A WEBSITE TO BE USED FOR ACCEPTIN G DONATIONS TO 1
THE FUND; AND 2
(2) IF FEASIBLE , WORK WITH THE MOTOR VEHICLE 3
ADMINISTRATION TO PRO VIDE THE OPTION , APPEARING ON THE VEH ICLE 4
REGISTRATION PORTAL , TO DONATE TO THE FUND. 5
(E) (1) THE STATE HIGHWAY ADMINISTRATION SHALL REPORT ON 6
WILDLIFE CROSSINGS I N EACH CONSOLIDATED TRANSPORTATION PLAN OF THE 7
STATE. 8
(2) THE REPORT REQUIRED U NDER PARAGRAPH (1) OF THIS 9
SUBSECTION SHALL INC LUDE: 10
(I) TRANSPORTATION TRUST FUND EXPENDITURES FOR 11
WILDLIFE CROSSINGS ; 12
(II) WILDLIFE CROSSINGS PL ANNED AND IN PROCESS ; AND 13
(III) PERFORMANCE METRICS A ND MEASURABLE OUTCOMES 14
EVALUATING THE SUCCE SS OF COMPLETED WILD LIFE CROSSINGS. 15
(F) (D) THE DEPARTMENT AND THE STATE HIGHWAY ADMINISTRATION 16
MAY ADOPT REGULATIONS NE CESSARY TO CARRY OUT THE PROVISIONS OF TH IS 17
SUBTITLE. 18
Article – Land Use 19
1–408. 20
(a) (1) A sensitive areas element shall include the goals, objectives, principles, 21
policies, and standards designed to protect sensitive areas from the adverse effects of 22
development. 23
(2) A CHARTER COUNTY SHALL CONSIDER WILDLIFE MO VEMENT AND 24
HABITAT CONNECTIVITY WHEN ENACTING , ADOPTING, AMENDING, OR EXECUTING 25
A PLAN IN ACCORDANCE WITH § 1–405 OF THIS SUBTITLE. 26
(b) (1) Beginning October 1, 2013, the Department of Natural Resources shall 27
provide a statewide forest resource inventory to local jurisdictions at least every 5 years, 28
to be available for the local comprehensive plan review by local jurisdictions required 29
under § 1–416(a) of this subtitle and § 3–301(a) of this article. 30
(2) THE DEPARTMENT OF PLANNING SHALL COORDI NATE WITH THE 31
DEPARTMENT OF NATURAL RESOURCES AND THE STATE HIGHWAY 32 10 SENATE BILL 635
ADMINISTRATION TO PRO VIDE EACH CHARTER CO UNTY WITH UPDATED 1
INFORMATION ON HABIT AT CONNECTIVITY CONC ERNS AND CURRENT AND 2
PLANNED WILDLIFE CRO SSINGS. 3
(c) Before the plan is adopted, the Department of the Environment and the 4
Department of Natural Resources shall review the sensitive areas element to determine 5
whether the proposed plan is consistent with the programs and goals of the departments. 6
3–104. 7
(a) (1) A sensitive areas element shall include the goals, objectives, principles, 8
policies, and standards designed to protect sensitive areas from the adverse effects of 9
development. 10
(2) A LOCAL JURISDICTION S HALL CONSIDER WILDLI FE MOVEMENT 11
AND HABITAT CONNECTI VITY WHEN ENACTING , ADOPTING, AMENDING, OR 12
EXECUTING A PLAN IN ACCORDANCE WITH § 3–101 OF THIS SUBTITLE. 13
(b) (1) Beginning October 1, 2013, the Department of Natural Resources shall 14
provide a statewide forest resource inventory to local jurisdictions at least every 5 years, 15
to be available for the local comprehensive plan review by local jurisdictions required 16
under §§ 1–416(a) and 3–301(a) of this article. 17
(2) THE DEPARTMENT OF PLANNING SHALL COORDI NATE WITH THE 18
DEPARTMENT OF NATURAL RESOURCES AND THE STATE HIGHWAY 19
ADMINISTRATION TO PRO VIDE EACH LOCAL JURI SDICTION WITH UPDATED 20
INFORMATION ON HABIT AT CONNECTIVITY CONC ERNS AND CURRENT AND 21
PLANNED WILDLIFE CRO SSINGS. 22
(c) Before the plan is adopted, the Department of the Environment and the 23
Department of Natural Resources shall review the sensitive areas element to determine 24
whether the proposed plan is consistent with the programs and goals of the departments. 25
Article – State Finance and Procurement 26
6–226. 27
(a) (2) (i) 1. This subparagraph does not apply in fiscal years 2024 28
through 2028. 29
2. Notwithstanding any other provision of law, and unless 30
inconsistent with a federal law, grant agreement, or other federal requirement or with the 31
terms of a gift or settlement, net interest on State money allocated by the State Treasurer 32
under this section to special funds or accounts, and otherwise entitled to receive interest 33
earnings, as accounted for by the Comptroller, shall accrue to the General Fund of the 34
State. 35 SENATE BILL 635 11
(ii) The provisions of subparagraph (i) of this paragraph do not apply 1
to the following funds: 2
204. the Victims of Domestic Violence Program Grant Fund; 3
[and] 4
205. the Proposed Programs Collaborative Grant Program; 5
AND 6
206. THE WILDLIFE CONNECTIVITY FUND. 7
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 8
1, 2025. 9
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.