In this subtitle the following words have the meanings indicated. “Director” means the Director of Bicycle and Pedestrian Access. “Transit facility” has the meaning stated in § 3-101(k) of this article. “Transportation facility” has the meaning stated in § 3-101(l) of this article.

The General Assembly finds that it is in the public interest for the State to include enhanced transportation facilities for pedestrians and bicycle riders as an essential component of the State’s transportation system, and declares that it is the policy of the State that: Access to and use of transportation facilities by pedestrians and bicycle riders shall be considered and best engineering practices regarding the needs of bicycle riders and pedestrians shall be employed in all phases of transportation planning, including highway design, construction, reconstruction, and repair as well as expansion and improvement of other transportation facilities; The modal administrations in the Department shall ensure that the State maintains an integrated transportation system by working cooperatively to remove barriers, including restrictions on bicycle access to mass transit, that impede the free movement of individuals from one mode of transportation to another; As to any new transportation project or improvement to an existing transportation facility, the Department shall work to ensure that transportation options for pedestrians and bicycle riders will be enhanced and that pedestrian and bicycle access to transportation facilities will not be negatively impacted by the project or improvement; and In developing the annual Consolidated Transportation Program, the Department shall: Ensure that there is an appropriate balance between funding for: Projects that retrofit existing transportation projects with facilities for pedestrians and bicycle riders; and New highway construction projects; and In transit–oriented areas within priority funding areas, as defined in § 5–7B–02 of the State Finance and Procurement Article, place increased emphasis on projects that retrofit existing transportation projects with facilities for pedestrians and bicycle riders and increase accessibility for the greatest number of pedestrians and bicycle riders.

There is a Director of Bicycle and Pedestrian Access in the Office of the Secretary. The Director shall be appointed by the Secretary with the approval of the Governor. The Director shall be a person with experience in transportation planning with specialized knowledge in matters relating to bicycle and pedestrian access to transportation facilities. The Director serves at the pleasure of the Secretary and shall report directly to the Secretary. Subject to the authority of the Secretary, the Director is responsible for carrying out: The powers and duties vested by law in the Director; and Those powers and duties vested in the Secretary and delegated to the Director by the Secretary. The Director is entitled to the salary provided in the State budget.

The Director shall develop and coordinate policies and plans for the provision, preservation, improvement, and expansion of access to transportation facilities in the State for pedestrians and bicycle riders, including development of a Statewide 20–Year Bicycle–Pedestrian Master Plan that: Identifies short–term and long–range goals that are consistent with the purposes of this subtitle; and For each identified goal, includes: Reasonable cost estimates for achieving the goal; and For purposes of the annual report required under § 3–216 of this article, objective performance criteria against which progress in achieving the goal can be measured; Complies with applicable federal funding requirements; Provides a model to guide political subdivisions of the State in enhancing bicycle and pedestrian access to transportation facilities; Proposes long–term strategies for improving the State’s highways to ensure compliance with the most advanced safety standards for pedestrians and bicycle riders; and After consultation with political subdivisions in the State, identifies bicycle–pedestrian priority areas to facilitate the targeting of available funds to those areas of the State most in need. The Statewide 20–Year Bicycle–Pedestrian Master Plan shall be reviewed and updated each year that the Maryland Transportation Plan, as described in § 2–103.1 of this title, is revised. To carry out the purposes of this subtitle, the Director shall: Participate in the planning of new transportation facilities and improvements to existing transportation facilities; Advise the Secretary on matters concerning bicycle and pedestrian access and any other matter as requested by the Secretary; Initiate a program of systematic identification of and planning for projects related to bicycle and pedestrian transportation that qualify for funds under Federal Highway Administration guidelines; Monitor State transportation plans, proposals, facilities, and services to ensure maximum benefits for pedestrians and bicycle riders in the State; and Consult regularly with the Bicycle and Pedestrian Advisory Committee established under § 2–606 of this subtitle. The exercise of the powers and duties of the Director is subject to the authority of the Secretary.

Subject to the limitations imposed by this subtitle, the Department, in consultation with the Director, may exercise all powers reasonably necessary to achieve the purposes of this subtitle, including the authority to: Adopt regulations to implement the provisions of this subtitle; Apply for and receive grants, gifts, payments, loans, advances, appropriations, property, and services from the federal government, the State, any of their agencies or political subdivisions, or any other public or private person; and Enter into agreements and contract for: Any studies, plans, demonstrations, or projects; Planning, engineering, and technical services; and Any purpose necessary for or incidental to the performance of its duties and the exercise of its powers under this subtitle.

The Governor shall appoint a Bicycle and Pedestrian Advisory Committee to provide guidance to State agencies concerning: Funding of bicycle and pedestrian related programs; Public education and awareness of bicycling and pedestrian related activities; Public education and awareness of bicycling and pedestrian safety; and Any other issue directly related to bicycling and pedestrians. The Committee shall consist of the following: One representative each from: The Department of Transportation; The Department of Natural Resources; The Department of State Police; The Department of Commerce; The Maryland Department of Health; The Department of Planning; The Department of Disabilities; and The Maryland–National Capital Park and Planning Commission; One citizen member from each of the following areas: The Eastern Shore; Western Maryland; and Southern Maryland; Two citizen members from each of the following areas: The Baltimore metropolitan area; and The Washington metropolitan area; and Up to six citizen members selected to represent the interests of bicyclists, pedestrians, and the disabled community to include: A representative of individuals who are visually impaired; and A representative of individuals who are mobility impaired. One of the citizen members selected under subsection (b) of this section shall have an expertise in bicycle and pedestrian safety. The total membership of the Committee may not exceed 22 members. The Governor shall select a chairman from among the citizen members. The term of a member is 4 years. The terms of members are staggered as required by the terms provided for members of the Committee on October 1, 2001. At the end of a term, a member continues to serve until a successor is appointed and qualifies. A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies. The Committee may adopt procedures necessary to ensure the orderly transaction of business. The Committee shall hold regular meetings as it deems appropriate. A member of the Committee may not receive compensation but shall be reimbursed for expenses under the Standard State Travel Regulations, as provided for in the State budget. The Department shall provide staff, administrative support, and operating expenses for the Committee as provided in the State budget.

In this section, “Program” means the Maryland Pedestrian Safety Program. There is a Pedestrian Safety Program within the Department. The Program is funded by: The Highway Safety Operating Program of the State Highway Administration; and Any other moneys accepted for the benefit of the Program from any governmental or private source. The Secretary shall award grants under the Program to counties, municipalities, and nonprofit organizations to carry out the provisions of this section. When awarding grants under the Program, the Secretary shall consider any matching fund an applicant proposes to provide. Counties, municipalities, and nonprofit organizations may apply for grants under the Program for the following purposes: To educate automobile drivers and pedestrians about methods to increase pedestrian safety; To enhance efforts to enforce State and local motor vehicle laws that protect the safety of pedestrians; To design or redesign intersections to increase pedestrian safety and access; and To enhance safe pedestrian access to transit facilities as defined in § 3-101 of this article. The Secretary shall establish procedures for counties, municipalities, and nonprofit organizations to apply for grants under the Program.

In this section, “Program” means the Kim Lamphier Bikeways Network Program. There is a Kim Lamphier Bikeways Network Program in the Department. The purpose of the Program is to provide grant support for bicycle network development activities. The Department shall establish application and eligibility criteria for the Program.