Maryland 2022 Regular Session

Maryland House Bill HB1322 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb1322
6	6
7	7	HOUSE BILL 1322
8	8	B1, R2 EMERGENCY BILL 2lr2372
9	9
10	10	By: Delegate McIntosh
11	11	Introduced and read first time: February 11, 2022
12	12	Assigned to: Appropriations
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Operating Budget – Consolidated Transportation Program and 2
19	19	Unanticipated Federal Funds 3
20	20
21	21	FOR the purpose of requiring the financial forecast that supports the Consolidated 4
22	22	Transportation Program to include a reserve of a certain amount for certain changes 5
23	23	in certain revenue sources; prohibiting the expenditure of certain money from the 6
24	24	federal government by amendment of an appropriation in the fiscal year 2022 or 7
25	25	2023 State budget unless the money is used for certain purposes; providing that the 8
26	26	prohibition does not apply to the amendment of an appropriation if the Board of 9
27	27	Public Works makes a certain determination; and generally relating to the operating 10
28	28	budget, the Consolidated Transportation Program, and unanticipated federal fund 11
29	29	appropriations. 12
30	30
31	31	BY repealing and reenacting, without amendments, 13
32	32	Article – Transportation 14
33	33	Section 2–103.1(b) 15
34	34	Annotated Code of Maryland 16
35	35	(2020 Replacement Volume and 2021 Supplement) 17
36	36
37	37	BY repealing and reenacting, with amendments, 18
38	38	Article – Transportation 19
39	39	Section 2–103.1(m) 20
40	40	Annotated Code of Maryland 21
41	41	(2020 Replacement Volume and 2021 Supplement) 22
42	42
43	43	BY repealing and reenacting, without amendments, 23
44	44	Article – State Finance and Procurement 24
45	45	Section 7–209(c) 25
46	46	Annotated Code of Maryland 26
47	47	(2021 Replacement Volume) 27
48	48	2 HOUSE BILL 1322
49	49
50	50
51	51	BY repealing and reenacting, with amendments, 1
52	52	Article – State Finance and Procurement 2
53	53	Section 7–217 3
54	54	Annotated Code of Maryland 4
55	55	(2021 Replacement Volume) 5
56	56
57	57	BY repealing and reenacting, with amendments, 6
58	58	Chapter 357 of the Acts of the General Assembly of 2021 7
59	59	Section 5 and 7 8
60	60
61	61	BY repealing and reenacting, without amendments, 9
62	62	Chapter 357 of the Acts of the General Assembly of 2021 10
63	63	Section 30(6) 11
64	64
65	65	BY adding to 12
66	66	Chapter 357 of the Acts of the General Assembly of 2021 13
67	67	Section 30(11) 14
68	68
69	69	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
70	70	That the Laws of Maryland read as follows: 16
71	71
72	72	Article – Transportation 17
73	73
74	74	2–103.1. 18
75	75
76	76	(b) The State Report on Transportation consists of the Consolidated 19
77	77	Transportation Program and the Maryland Transportation Plan. 20
78	78
79	79	(m) (1) (i) Subject to § 2–1257 of the State Government Article: 21
80	80
81	81	1. On or before September 1 of each year, the Department 22
82	82	shall submit copies of the proposed Consolidated Transportation Program and the 23
83	83	supporting financial forecast to the General Assembly; and 24
84	84
85	85	2. On submission of the budget bill to the presiding officers 25
86	86	of the General Assembly, the Department shall submit copies of the approved Consolidated 26
87	87	Transportation Program, including the manner in which each major transportation project 27
88	88	was evaluated and ranked under § 2–103.7 of this subtitle, and the supporting financial 28
89	89	forecast to the General Assembly. 29
90	90
91	91	(ii) Notwithstanding § 2–1257(b)(2) of the State Government Article, 30
92	92	the Department shall provide to each member of the General Assembly a copy of the 31
93	93	proposed Consolidated Transportation Program and the approved Consolidated 32
94	94	Transportation Program. 33
95	95	HOUSE BILL 1322 3
96	96
97	97
98	98	(2) (i) The financial forecast supporting the Consolidated 1
99	99	Transportation Program to be submitted to the General Assembly under paragraph (1) of 2
100	100	this subsection shall include the following components: 3
101	101
102	102	1. A schedule of operating expenses for each specific modal 4
103	103	administration; 5
104	104
105	105	2. A schedule of revenues, including tax and fee revenues, 6
106	106	deductions from revenues for other agencies, Department program and fees, Motor Vehicle 7
107	107	Administration cost recovery, deductions for highway user revenues, operating revenues 8
108	108	by modal administration, and miscellaneous revenues; and 9
109	109
110	110	3. A summary schedule for the Transportation Trust Fund 10
111	111	that includes the opening and closing Fund balance, revenues, transfers, bond sales, bond 11
112	112	premiums, any other revenues, expenditures for debt service, operating expenses, amounts 12
113	113	available for capital expenses, bond interest rates, bond coverage ratios, total bonds 13
114	114	outstanding, federal capital aid, and the total amount for the Transportation Capital 14
115	115	Program. 15
116	116
117	117	(ii) The financial forecast shall include[, for]: 16
118	118
119	119	1. FOR each of the components specified in subparagraph (i) 17
120	120	of this paragraph: 18
121	121
122	122	[1.] A. Actual information for the last full fiscal year; and 19
123	123
124	124	[2.] B. Forecasts of the information for each of the six 20
125	125	subsequent fiscal years, including the current fiscal year, the fiscal year for the proposed 21
126	126	budget, and the next four subsequent fiscal years; AND 22
127	127
128	128	2. FOR THE SUMMARY O F REVENUES AND RECEIPTS 23
129	129	COMPONENT , A LINE ITEM OF $35,000,000 FOR A RESERVE FOR CHANGES IN 24
130	130	REVENUE SOURCES FOR EACH FISCAL YEAR INCLUDED IN THE FINA NCIAL 25
131	131	FORECAST. 26
132	132
133	133	(iii) 1. For the period beyond the budget request year, the 27
134	134	financial forecast: 28
135	135
136	136	A. Shall maximize the use of funds for the capital program; 29
137	137
138	138	B. Except as authorized by law, may not withhold or reserve 30
139	139	funds for capital transportation grants to counties or municipal corporations; and 31
140	140
141	141	C. Except as provided in subsubparagraph 2 of this 32
142	142	subparagraph, shall increase the operating expenses, net of availability payments paid to 33
143	143	public–private partnership concessionaires, each year by at least the 5–year average 34 4 HOUSE BILL 1322
144	144
145	145
146	146	annual rate of change in the operating expenses of the Department, ending with the most 1
147	147	recently completed fiscal year. 2
148	148
149	149	2. The assumed rate of future operating budget growth 3
150	150	under subsubparagraph 1C of this subparagraph may not increase or decrease by more 4
151	151	than 0.5 percentage points from the growth rate assumed in the previous forecast. 5
152	152
153	153	(iv) The Department shall incorporate in the financial forecast the 6
154	154	most recent estimates by the Board of Revenue Estimates of the revenues from: 7
155	155
156	156	1. The corporate income tax and the sales and use tax for 8
157	157	each of the six subsequent years, including the current fiscal year and the fiscal year for 9
158	158	the proposed budget; and 10
159	159
160	160	2. Motor fuel taxes and motor vehicle titling taxes for the 11
161	161	current fiscal year and the fiscal year for the proposed budget. 12
162	162
163	163	SECTION 2. AND BE IT FURTHER EN ACTED, That the Laws of Maryland read 13
164	164	as follows: 14
165	165
166	166	Article – State Finance and Procurement 15
167	167
168	168	7–209. 16
169	169
170	170	(c) (1) An amendment of an appropriation for a program: 17
171	171
172	172	(i) except as provided in paragraph (2) of this subsection, may not 18
173	173	increase the sum of the appropriations from the General Fund of the State for all the 19
174	174	programs of the officer or unit; and 20
175	175
176	176	(ii) may permit the expenditure of money from a special fund or the 21
177	177	federal government as provided in § 2–201 of this article or § 7–217(a) of this subtitle. 22
178	178
179	179	(2) An amendment of an appropriation for a program of the Executive 23
180	180	Branch may increase the sum of the appropriations from the General Fund of the State for 24
181	181	all programs of the officer or unit if money from the Contingent Fund of the Board of Public 25
182	182	Works is transferred to the program. 26
183	183
184	184	7–217. 27
185	185
186	186	(a) (1) An officer or unit of the State government may spend money from a 28
187	187	special fund or the federal government that is not estimated or included in the State budget 29
188	188	or exceeds the estimate in the State budget and is paid into the State Treasury for a 30
189	189	program after an approved amendment of a special FUND APPROPRIATION or, SUBJECT 31
190	190	TO PARAGRAPH (2) OF THIS SUBSECTION , A federal fund appropriation for the program: 32
191	191	HOUSE BILL 1322 5
192	192
193	193
194	194	[(1)] (I) for the specific purpose to which the money is dedicated by State 1
195	195	law or act of Congress; or 2
196	196
197	197	[(2)] (II) if the money is not dedicated to a specific purpose, with the 3
198	198	approval of the Governor and as authorized in an approved budget amendment, for 4
199	199	necessary current operations. 5
200	200
201	201	(2) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPHS (II) AND (III) OF 6
202	202	THIS PARAGRAPH , AN AMENDMENT OF A FE DERAL FUND APPROPRIA TION FOR A 7
203	203	PROGRAM IN THE FISCA L YEAR 2022 OR 2023 STATE BUDGET MAY NOT PERMIT THE 8
204	204	EXPENDITURE OF MONEY AUTHORIZED BY THE FE DERAL INFRASTRUCTURE 9
205	205	INVESTMENT AND JOBS ACT. 10
206	206
207	207	(II) 1. AN AMENDMENT OF A FED ERAL FUND 11
208	208	APPROPRIATION FOR A PROGRAM MAY PERMIT T HE EXPENDITURE OF FU NDS 12
209	209	AUTHORIZED BY THE FE DERAL INFRASTRUCTURE INVESTMENT AND JOBS ACT IF 13
210	210	THE FUNDS: 14
211	211
212	212	A. SUPPORT A PROJECT IN CLUDED IN THE 15
213	213	CONSOLIDATED TRANSPORTATION PROGRAM SUBMITTED AT THE 2022 SESSION OF 16
214	214	THE GENERAL ASSEMBLY; 17
215	215
216	216	B. TARGET THE REPLACEME NT OF LEAD PIPES NEA R 18
217	217	SCHOOLS, CHILD CARE FACILITIE S, OR STATE RESIDENTIAL FAC ILITIES SERVING 19
218	218	CHILDREN; OR 20
219	219
220	220	C. ARE ALLOCATED TO PRO JECTS IN UNDERSERVED 21
221	221	COMMUNITIES OF THE STATE. 22
222	222
223	223	2. FUNDS AUTHORIZED UNDE R THIS SUBPARAGRAPH 23
224	224	MUST BE EXPENDED BY JUNE 30, 2023. 24
225	225
226	226	3. FUNDS AUTHORIZED UNDE R THIS SUBPARAGRAPH 25
227	227	ARE IN ADDITION TO A NY OTHER FUNDS PROVI DED FOR THE SAME PUR POSE AND 26
228	228	MAY NOT SUPPL ANT EXISTING FUNDS . 27
229	229
230	230	(III) SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH DO NOT 28
231	231	APPLY TO AN AMENDMEN T OF A FEDERAL FUND APPROPRIATION FOR A PROGRAM 29
232	232	IF THE BOARD OF PUBLIC WORKS DETERMINES THAT THE AMENDMENT IS 30
233	233	ESSENTIAL TO: 31
234	234
235	235	1. MAINTAINING THE PUBL IC SAFETY, HEALTH, OR 32
236	236	WELFARE OF THE STATE; OR 33
237	237	6 HOUSE BILL 1322
238	238
239	239
240	240	2. PROTECTING THE ENVIR ONMENT OR THE ECONOM IC 1
241	241	WELFARE OF THE STATE. 2
242	242
243	243	(b) Money that is derived from a source estimated and included in an 3
244	244	appropriation act and that is in excess of the estimate shall remain in the General Fund of 4
245	245	the State until appropriated by a subsequent appropriation act. 5
246	246
247	247	Chapter 357 of the Acts of 2021 6
248	248
249	249	SECTION 5. AND BE IT FURTHER ENACTED, That amounts received pursuant 7
250	250	to Sections 2–201 and 7–217 of the State Finance and Procurement Article may be 8
251	251	expended, SUBJECT TO SECTION 7–217(A)(2) OF THE STATE FINANCE AND 9
252	252	PROCUREMENT ARTICLE, by approved budget amendment. 10
253	253
254	254	SECTION 7. AND BE IT FURTHER ENACTED, That, except as otherwise provided, 11
255	255	amounts received from sources estimated or calculated upon in the budget in excess of the 12
256	256	estimates for any special or federal fund appropriations listed in this bill may be made 13
257	257	available, SUBJECT TO SECTION 7–217(A)(2) OF THE STATE FINANCE AND 14
258	258	PROCUREMENT ARTICLE, by approved budget amendment. 15
259	259
260	260	SECTION 30. AND BE IT FURTHER ENACTED, That any budget amendment to 16
261	261	increase the total amount of special, federal, or higher education (current restricted and 17
262	262	current unrestricted) fund appropriations, or to make reimbursable fund transfers from the 18
263	263	Governor’s Office of Crime Prevention, Youth, and Victim Services or the Maryland 19
264	264	Emergency Management Agency made in Section 1 of this Act shall be subject to the 20
265	265	following restrictions: 21
266	266
267	267	(6) Notwithstanding the provisions of this section, any federal, special, or 22
268	268	higher education fund appropriation may be increased by budget amendment upon a 23
269	269	declaration by the Board of Public Works that the amendment is essential to maintaining 24
270	270	public safety, health, or welfare, including protecting the environment or the economic 1 25
271	271	welfare of the State. 26
272	272
273	273	(11) EXCEPT AS PROVIDED IN PARAGRAPH (6) OF THIS SECTION, AN 27
274	274	AMENDMENT OF A FEDER AL FUND APPROPRIATIO N MAY NOT PERMIT THE 28
275	275	EXPENDITURE OF MONEY AUTHORIZED IN THE FE DERAL INFRASTRUCTURE 29
276	276	INVESTMENT AND JOBS ACT UNLESS AUTHORIZED UNDER SECTION 7–217 OF THE 30
277	277	STATE FINANCE AND PROCUREMENT ARTICLE. 31
278	278
279	279	SECTION 3. AND BE IT FURTHER ENACTED, That this Act is an emergency 32
280	280	measure, is necessary for the immediate preservation of the public health or safety, has 33
281	281	been passed by a yea and nay vote supported by three–fifths of all the members elected to 34
282	282	each of the two Houses of the General Assembly, and shall take effect from the date it is 35
283	283	enacted. Section 2 of this Act shall remain effective through June 30, 2023, and, at the end 36
284	284	of June 30, 2023, Section 2 of this Act, with no further action required by the General 37
285	285	Assembly, shall be abrogated and of no further force and effect. 38 HOUSE BILL 1322 7
286	286
287	287
288	288