2013 Maryland Code
TRANSPORTATION
§ 8-613 - Construction program

§8-613.

(a) (1) In calendar year 1978, the Administration shall prepare for each county a 6-year construction and reconstruction program for primary and secondary highways, the secondary program to include bicycle trails and sidewalks.

(2) The Administration shall submit this program to the General Assembly for its review by January 15, 1979.

(3) Subject to § 2-1246 of the State Government Article, the program shall be updated annually and submitted to the General Assembly for its review by January 15 of each year.

(4) The program shall:

(i) Advise on priorities among the projects approved for construction, following completion of the project planning phase; and

(ii) As to each item included in it, contain a proposed schedule of property acquisition, detailed engineering, and construction.

(b) Before the annual submission of the highway construction and reconstruction program to the General Assembly, the Administration shall consult with the local governing body, municipalities, and local legislative delegation of each county concerning construction priorities.

(c) If the Administration is unable for any reason to perform in accordance with the schedule set forth in the annual primary highway program, it shall, if so requested by resolution of either house of the General Assembly, explain in writing to the next session of the General Assembly any change in the scheduling of a particular project included in the preceding year’s program.

(d) If there is any change in the scheduling of a particular project in the secondary highway program for which funds have been appropriated in the preceding year, the Administration, on written request of a majority of the local legislative delegation from the county for which the project is programmed, shall explain that change in writing to the members of the General Assembly from that county.

(e) The Administration’s budget for Fiscal Year 1981 and for each fiscal year following, as submitted to the General Assembly, shall include funds for projects scheduled for the first year of the highway construction and reconstruction program established under this section.

§ 8-613 - 1. Annual status report

By January 15 of each year, the Administration shall submit to the General Assembly, subject to § 2-1246 of the State Government Article, and to the governing body of each affected county and municipality a written report setting forth the following for each primary and secondary highway project:

(1) The status of all incomplete projects for which funds have been appropriated or expended for fiscal years completed before the report;

(2) A statement of the funds budgeted or expended on each incomplete project in the fiscal year preceding the report;

(3) A statement of the funds expended or expected to be expended in the then current fiscal year on each incomplete project;

(4) A list of all projects that were completed in the fiscal year preceding the report; and

(5) A statement of the total funds budgeted and expended on each project completed in the fiscal year preceding the report.

§ 8-613 - 2. Protection of highway construction and maintenance workers

(a) Definitions. --

(1) In this section the following words have the meanings indicated.

(2) "Roadway" has the meaning stated in § 11-151 of this article.

(3) "Shoulder" has the meaning stated in § 21-101 of this article.

(b) Procedures. -- The Administration shall develop procedures in accordance with subsection (d) of this section to enhance the safety of highway construction, maintenance, utility, and other highway workers during construction or maintenance work on an expressway or controlled access highway with a posted speed limit of 45 miles per hour or more.

(c) Incorporation of procedures into planning and construction phases. -- A county, municipal corporation, the Administration, or the Maryland Transportation Authority, with respect to highways under its jurisdiction, shall incorporate the procedures developed under subsection (b) of this section into the project planning phase and construction phase of a proposed highway project for an expressway or controlled access highway with a posted speed limit of 45 miles per hour or more.

(d) Methods of protection. --

(1) (i) This paragraph applies to work that is:

1. Performed in a roadway; and

2. Expected to last at least two weeks.

(ii) The procedures developed under subsection (b) of this section shall ensure that for each highway construction or maintenance project, priority is given to performing the proposed highway construction or maintenance work in the absence of adjacent traffic through full or temporary closure of the highway at the location of the construction or maintenance work, if the closure is determined to be feasible after consideration of the following:

1. Safety of the traveling public;

2. Availability and feasibility of detours;

3. Access to abutting businesses, residences, and other facilities; and

4. Delays that may result from full or temporary closure of the highway.

(2) (i) This paragraph applies to work that is:

1. Performed in a roadway, if a county, municipal corporation, the Administration, or the Maryland Transportation Authority, with respect to highways under its jurisdiction, determines that full or temporary highway closure under paragraph (1) of this subsection is not feasible; or

2. Performed on the shoulder and expected to last at least two weeks.

(ii) A county, municipal corporation, the Administration, or the Maryland Transportation Authority, with respect to highways under its jurisdiction, shall consider protecting highway construction and maintenance workers by means of:

1. Temporary traffic barriers;

2. Movable concrete barriers;

3. Movable link-system barriers; or

4. Other available barrier systems.

(iii) Consideration of the use of barriers under this paragraph shall include consideration of the feasibility of temporarily widening a highway to allow for the installation of the barriers.

(iv) For a highway construction or maintenance project that utilizes barriers under this paragraph, a county, municipal corporation, the Administration, or the Maryland Transportation Authority, with respect to highways under its jurisdiction, may provide for a law enforcement presence at or near the site of the construction or maintenance work in accordance with paragraph (3) of this subsection.

(3) (i) This paragraph applies to work that is:

1. Performed in a roadway or performed on the shoulder; and

2. Expected to last at least two weeks.

(ii) If a county, municipal corporation, the Administration, or the Maryland Transportation Authority, with respect to highways under its jurisdiction, determines that highway closure under paragraph (1) of this subsection and installation of barriers under paragraph (2) of this subsection are not feasible, a county, municipal corporation, the Administration, or the Maryland Transportation Authority, with respect to highways under its jurisdiction, may provide for at least one law enforcement officer to be present at or near the site of the construction or maintenance work when workers are present.

(iii) A law enforcement officer present at or near the site of a highway construction or maintenance project under subparagraph (i) of this paragraph may:

1. Be in uniform;

2. Be in a marked law enforcement vehicle;

3. Display the visual lights or signal devices installed on the law enforcement vehicle; and

4. Be located at or near the site of the highway construction or maintenance project in a manner to:

A. Enhance worker safety; and

B. Facilitate the enforcement of traffic laws.

(iv) A law enforcement officer present at or near the site of a highway construction or maintenance project under subparagraph (ii) of this paragraph may take any authorized action to enforce traffic laws at or near the project.

§ 8-613 - 3. Appropriations.

The Governor shall include in the annual operating or capital budget an appropriation to the Administration to be used to comply with the Watershed Implementation Plan in the amount of:

(1) $ 45,000,000 for fiscal year 2015;

(2) $ 65,000,000 for fiscal year 2016;

(3) $ 85,000,000 for fiscal year 2017;

(4) $ 100,000,000 for fiscal year 2018; and

(5) $ 100,000,000 for fiscal year 2019.