PARRIS N. GLENDENING, Governor
S.B. 641
(i) By shortening the limits of the project where sidewalks are to be
constructed; or
(ii) By deleting all or a part of another project scheduled for
construction in the same fiscal year with a value equal to the cost of the requested
sidewalk construction] CONSTRUCTION OF SIDEWALKS, AS REQUIRED BY
SUBSECTION (B) OF THIS SECTION, SHALL BE MADE A PART OF A CAPITAL PROJECT,
AS DEFINED IN § 2-103.1 OF THIS ARTICLE, THAT IS INCLUDED IN THE
CONSOLIDATED TRANSPORTATION PROGRAM IF SIDEWALKS ARE CONSTRUCTED
OR RECONSTRUCTED AS PART OF A ROADWAY CONSTRUCTION OR
RECONSTRUCTION PROJECT, THE ADMINISTRATION SHALL FUND THE SIDEWALK
CONSTRUCTION OR RECONSTRUCTION AS A PART OF THE COST OF THE ROADWAY
PROJECT.
(2) IF SIDEWALKS ARE CONSTRUCTED OR RECONSTRUCTED IN
RESPONSE TO A REQUEST FROM A LOCAL GOVERNMENT AND THE ADJACENT
ROADWAY IS NOT BEING CONCURRENTLY CONSTRUCTED OR RECONSTRUCTED,
THE COST TO CONSTRUCT OR RECONSTRUCT THE SIDEWALK SHALL BE SHARED
EQUALLY BETWEEN THE STATE AND THE LOCAL GOVERNMENT.
(2) (3) After sidewalks are constructed under this section, they shall be
maintained and repaired by the political subdivision in which they are located.
(4) FOR FISCAL YEARS 1996, 1997, AND 1998, THE STATE'S SHARE OF THE
COST OF SIDEWALK CONSTRUCTION AND RECONSTRUCTION PROJECTS UNDER THIS
SECTION MAY NOT EXCEED $2 MILLION PER FISCAL YEAR.
(3) The cost of sidewalk construction, maintenance, and repair may not
result in any increase OR DECREASE in funds allocated in any fiscal year to any county.
(D) (1) IN CONSTRUCTION, RECONSTRUCTION, OR MAJOR REHABILITATION
OF AN URBAN HIGHWAY, THE ADMINISTRATION SHALL ENSURE THAT THE PROJECT
DOES NOT RESULT IN A NET LOSS OF ANY SIDEWALK.
(2) IF THE ADMINISTRATION REASONABLY DETERMINES THAT AN
URBAN HIGHWAY PROJECT REQUIRES THE ELIMINATION OF AN EXISTING
SIDEWALK, THE ADMINISTRATION SHALL CONSTRUCT A NEW, SAFE, AND
REASONABLE ALTERNATIVE ROUTE FOR PEDESTRIAN TRAVEL.
(D) THE ADMINISTRATION MAY NOT CONSTRUCT ANY PROJECT THAT WILL
RESULT IN THE SEVERANCE OR DESTRUCTION OF AN EXISTING MAJOR ROUTE FOR
PEDESTRIAN TRANSPORTATION TRAFFIC, UNLESS THE PROJECT PROVIDES FOR
CONSTRUCTION OF A REASONABLE ALTERNATIVE ROUTE OR SUCH A ROUTE
ALREADY EXISTS.
(E) THE ADMINISTRATION SHALL ADOPT REGULATIONS NECESSARY
DEVELOP GUIDELINES JOINTLY WITH LOCAL GOVERNMENTS TO CARRY OUT THE
PROVISIONS OF THIS SECTION.
12-104.
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