Maryland 2022 Regular Session

Maryland House Bill HB1324 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11
22
33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *hb1324*
66
77 HOUSE BILL 1324
88 R2 2lr0557
99
1010 By: Delegate Korman
1111 Introduced and read first time: February 11, 2022
1212 Assigned to: Appropriations and Environment and Transportation
1313
1414 A BILL ENTITLED
1515
1616 AN ACT concerning 1
1717
1818 Transportation – Maryland Rail Authority – Establishment 2
1919 (Maryland Rail Investment Act of 2022) 3
2020
2121 FOR the purpose of establishing the Maryland Rail Authority and the powers and duties 4
2222 that the Rail Authority, acting on behalf of the Department of Transportation, has 5
2323 with respect to the supervision, financing, construction, operation, maintenance, and 6
2424 repair of railroad facilities projects; altering the membership of the Maryland 7
2525 Transportation Authority to include the Executive Director of the Rail Authority; 8
2626 prohibiting the Transportation Authority from passing a budget plan that exceeds a 9
2727 certain amount; requiring the Transportation Authority to obtain the consent of the 10
2828 Rail Authority before issuing certain bonds; requiring the Transportation Authority 11
2929 to determine the optimal tolling rate for certain transportation facilities projects and 12
3030 to set certain tolling rates; establishing the Rail Authority Fund; requiring certain 13
3131 funds and revenues to be transferred from the Transportation Authority to the Rail 14
3232 Authority Fund; and generally relating to the establishment of the Maryland Rail 15
3333 Authority. 16
3434
3535 BY repealing and reenacting, with amendments, 17
3636 Article – Transportation 18
3737 Section 4–101, 4–202, 4–208(b)(1), 4–301, 4–306, 4–312(a)(2), 4–314, and 7–101(j), 19
3838 (l), and (n) 20
3939 Annotated Code of Maryland 21
4040 (2020 Replacement Volume and 2021 Supplement) 22
4141
4242 BY repealing and reenacting, without amendments, 23
4343 Article – Transportation 24
4444 Section 4–201 and 4–208(a) 25
4545 Annotated Code of Maryland 26
4646 (2020 Replacement Volume and 2021 Supplement) 27
4747
4848 BY adding to 28 2 HOUSE BILL 1324
4949
5050
5151 Article – Transportation 1
5252 Section 4–205.1; and 9–101 through 9–401 to be under the new title “Title 9. 2
5353 Railroads” 3
5454 Annotated Code of Maryland 4
5555 (2020 Replacement Volume and 2021 Supplement) 5
5656
5757 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
5858 That the Laws of Maryland read as follows: 7
5959
6060 Article – Transportation 8
6161
6262 4–101. 9
6363
6464 (a) In this title the following words have the meanings indicated. 10
6565
6666 (b) “Authority” means the Maryland Transportation Authority. 11
6767
6868 (c) “Cost”, as applied to any transportation facilities project, includes the cost of 12
6969 and all expenses incident to the construction, reconstruction, acquisition, improvement, 13
7070 extension, alteration, modernization, planning, maintenance, and repair of the project, 14
7171 including the cost and expenses of: 15
7272
7373 (1) All property acquired in connection with it; 16
7474
7575 (2) Financial, architectural, consulting, engineering, and legal services; 17
7676
7777 (3) Plans, specifications, surveys, estimates, feasibility reports, and direct 18
7878 and indirect labor, material, equipment, and administrative expenses; and 19
7979
8080 (4) Financing the project, including financing charges and interest before, 20
8181 during, and for 1 year after completion of construction. 21
8282
8383 (D) “NEAR OPTIMAL TOLLING ” MEANS A TOLL ING RATE THAT PROVIDES 22
8484 95% OR MORE OF THE MAXIM UM REVENUE POSSIBLE BASED ON A TRANSPORT ATION 23
8585 FACILITIES PROJECT’S OPTIMAL TOLLING . 24
8686
8787 (E) “OPTIMAL TOLLING ” MEANS A TOLLING RATE FOR A TRANSPORTATION 25
8888 FACILITIES PROJECT T HAT MAXIMIZES REVENU E, AS DETERMINED BY THE 26
8989 AUTHORITY. 27
9090
9191 [(d)] (F) “Outstanding and unpaid” does not include: 28
9292
9393 (1) Bonds purchased and held in sinking funds by or for the Authority; or 29
9494
9595 (2) If the money for their payment or redemption has been provided: 30
9696 HOUSE BILL 1324 3
9797
9898
9999 (i) Matured bonds not presented for payment; or 1
100100
101101 (ii) Bonds called for redemption but not presented for redemption. 2
102102
103103 (G) “RAIL AUTHORITY” MEANS THE MARYLAND RAIL AUTHORITY. 3
104104
105105 [(e)] (H) “Refunding” means the retirement and cancellation of bonds, including 4
106106 revenue bonds of prior issues, after their acquisition by or for the Authority, whether before, 5
107107 at, or after maturity, either in exchange for other bonds or by payment, purchase, or 6
108108 redemption with the proceeds of the sale of other bonds. 7
109109
110110 [(f)] (I) “Resolution”, as used with respect to the Authority, means a resolution 8
111111 adopted by the affirmative vote of a majority of the appointed members of the Authority 9
112112 and concurred in by the Chairman. 10
113113
114114 [(g)] (J) “Revenue bonds of prior issues” means: 11
115115
116116 (1) “State of Maryland Bridge and Tunnel Revenue Bonds” dated as of 12
117117 October 1, 1954; 13
118118
119119 (2) “State of Maryland Northeastern Expressway Revenue Bonds” dated as 14
120120 of January 1, 1962; 15
121121
122122 (3) “State of Maryland Bridge and Tunnel Revenue Bonds”: 16
123123
124124 (i) “(Series 1968)” dated as of October 1, 1968; and 17
125125
126126 (ii) “(Series 1975)” dated as of July 1, 1975; and 18
127127
128128 (4) Any other revenue bonds issued under the same provisions of law that 19
129129 authorized the issuance of the bonds listed in this subsection. 20
130130
131131 [(h)] (K) “Transportation facilities project” includes: 21
132132
133133 (1) The Susquehanna River Bridge, the Harry W. Nice/Thomas “Mac” 22
134134 Middleton Potomac River Bridge, the William Preston Lane, Jr. Memorial Chesapeake Bay 23
135135 Bridge and parallel Chesapeake Bay Bridge, the Baltimore Harbor Tunnel, the Fort 24
136136 McHenry Tunnel, the Francis Scott Key Bridge, and the John F. Kennedy Memorial 25
137137 Highway, together with their appurtenant causeways, approaches, interchanges, entrance 26
138138 plazas, toll stations, and service facilities; 27
139139
140140 (2) A vehicle parking facility located in a priority funding area as defined 28
141141 in § 5–7B–02 of the State Finance and Procurement Article; 29
142142
143143 (3) Any other project for transportation facilities that the Authority 30
144144 authorizes to be acquired or constructed; and 31
145145 4 HOUSE BILL 1324
146146
147147
148148 (4) Any additions, improvements, or enlargements to any of these projects, 1
149149 whenever authorized. 2
150150
151151 [(i)] (L) “Transportation facility” has the meaning stated in § 3–101 of this 3
152152 article. 4
153153
154154 [(j)] (M) “Vehicle parking facility” means a controlled entrance and exit 5
155155 building, structure, surface lot, and other facility for parking vehicles, for which fees or 6
156156 charges are established for the use of the facility. 7
157157
158158 4–201. 8
159159
160160 There is a Maryland Transportation Authority. 9
161161
162162 4–202. 10
163163
164164 (a) The Secretary of Transportation is the Chairman of the Authority. 11
165165
166166 (b) (1) In addition to the Chairman, the Authority consists of [eight]: 12
167167
168168 (I) EIGHT members appointed by the Governor with the advice and 13
169169 consent of the Senate; AND 14
170170
171171 (II) THE EXECUTIVE DIRECTOR OF THE RAIL AUTHORITY, WHO 15
172172 SERVES AS AN EX OFFI CIO MEMBER . 16
173173
174174 (2) The appointed members of the Authority may not be employees of the 17
175175 Executive Branch of the State government. 18
176176
177177 (3) Of the appointed members: 19
178178
179179 (i) One shall have expertise in structural engineering; 20
180180
181181 (ii) One shall have expertise in transportation planning; 21
182182
183183 (iii) One shall have expertise in land use planning; and 22
184184
185185 (iv) One shall have expertise in finance. 23
186186
187187 (4) The appointed members of the Authority shall reflect the racial, gender, 24
188188 and geographic diversity of the population of the State. 25
189189
190190 (c) (1) Each appointed member serves for a term of 4 years and until a 26
191191 successor is appointed and qualifies. 27
192192
193193 (2) The terms of the appointed members are staggered as required by the 28 HOUSE BILL 1324 5
194194
195195
196196 terms provided for members of the Authority on January 1, 2007. 1
197197
198198 (3) An appointed member may not serve more than three consecutive 2
199199 terms. 3
200200
201201 (4) A member appointed to fill a vacancy in an unexpired term serves only 4
202202 for the remainder of that term. 5
203203
204204 (d) [A] AN APPOINTED member of the Authority is entitled to: 6
205205
206206 (1) The compensation provided in the State budget; and 7
207207
208208 (2) Reimbursement for expenses, in accordance with the Standard State 8
209209 Travel Regulations of the Department of Budget and Management. 9
210210
211211 4–205.1. 10
212212
213213 THE AUTHORITY MAY NOT PASS AN OPER ATING BUDGET OR A CA PITAL 11
214214 IMPROVEMENT PLAN THA T EXCEEDS $2,800,000,000. 12
215215
216216 4–208. 13
217217
218218 (a) (1) There is a Maryland Transportation Authority Police Force. 14
219219
220220 (2) Subject to subsection (b) of this section, a Maryland Transportation 15
221221 Authority police officer has all the powers granted to a peace officer and a police officer of 16
222222 this State. 17
223223
224224 (b) (1) A Maryland Transportation Authority police officer may exercise the 18
225225 powers described in subsection (a)(2) of this section on property owned, leased, or operated 19
226226 by or under the control of the Maryland Transportation Authority, Maryland Aviation 20
227227 Administration, MARYLAND RAIL AUTHORITY, and Maryland Port Administration. 21
228228
229229 4–301. 22
230230
231231 By one or more resolutions, the Authority, AFTER OBTAINING THE CONSENT OF 23
232232 THE RAIL AUTHORITY, may: 24
233233
234234 (1) Finance the cost of transportation facilities projects; 25
235235
236236 (2) Borrow money from time to time for that purpose; and 26
237237
238238 (3) Evidence the borrowing by the issuance and sale of revenue bonds, 27
239239 notes, or other evidences of obligation on the terms, conditions, and limitations contained 28
240240 in this subtitle. 29
241241 6 HOUSE BILL 1324
242242
243243
244244 4–306. 1
245245
246246 (a) Except as provided in subsection (b) of this section, revenue bonds may be 2
247247 issued by the Authority: 3
248248
249249 (1) Without obtaining the consent of any instrumentality, agency, or unit 4
250250 of this State; and 5
251251
252252 (2) Without any proceedings or the happening of any conditions or things 6
253253 other than those specifically required by this subtitle. 7
254254
255255 (b) (1) THE AUTHORITY SHALL OBTAI N THE CONSENT OF THE RAIL 8
256256 AUTHORITY BEFORE ISSU ING REVENUE BONDS . 9
257257
258258 (2) (i) Subject to subparagraph (ii) of this paragraph, revenue bonds 10
259259 secured by toll revenue may be issued in any amount as long as the aggregate outstanding 11
260260 and unpaid principal balance of the revenue bonds secured by toll revenue and revenue 12
261261 bonds of prior issues does not exceed $3,000,000,000 or, in fiscal years 2015 through 2020, 13
262262 $2,325,000,000, on June 30 of any year. 14
263263
264264 (ii) The maximum aggregate amount of revenue bonds that may be 15
265265 outstanding and unpaid under subparagraph (i) of this paragraph shall be reduced by the 16
266266 amount of: 17
267267
268268 1. Any loan extended to the State under the federal 18
269269 Transportation Infrastructure Finance and Innovation Act; and 19
270270
271271 2. Any line of credit extended to the State under the federal 20
272272 Transportation Infrastructure Finance and Innovation Act, to the extent the State draws 21
273273 on the line of credit. 22
274274
275275 [(2)] (3) Except as otherwise provided in this section and § 4–205 of this 23
276276 title, without the approval of the General Assembly, the Authority, AFTER OBTAINING 24
277277 THE CONSENT OF THE RAIL AUTHORITY, may issue bonds to refinance all or any part of 25
278278 the cost of a transportation [facility] FACILITIES project for which the Authority previously 26
279279 issued bonds authorized under this subtitle. 27
280280
281281 4–312. 28
282282
283283 (a) (2) (I) As to all or any part of any transportation facilities project, the 29
284284 Authority may: 30
285285
286286 [(i)] 1. Fix, revise, charge, and collect rentals, rates, fees, tolls, 31
287287 and other charges and revenues for its use or for its services; and 32
288288
289289 [(ii)] 2. Contract with any person who desires its use for any 33 HOUSE BILL 1324 7
290290
291291
292292 purpose and fix the terms, conditions, rentals, rates, fees, tolls, or other charges or revenues 1
293293 for this use. 2
294294
295295 (II) 1. EXCEPT AS PROVIDED IN SUBSUBPARAGRAPH 2 OF 3
296296 THIS SUBPARAGRAPH , AS TO ALL OR ANY PART OF ANY TRANSPORTATIO N 4
297297 FACILITIES PROJECT IN WHICH THE AUTHORITY CHARGES TOL LS, THE AUTHORITY 5
298298 SHALL: 6
299299
300300 A. DETERMINE THE OPTIMAL TOLLING RATE FOR THE 7
301301 TRANSPORTATION FACIL ITIES PROJECT; AND 8
302302
303303 B. SET TOLLING RATES THA T ACHIEVE NEAR OPTIM AL 9
304304 TOLLING. 10
305305
306306 2. A. THIS SUBSUBPARAGRAPH DOES NOT APPLY TO 11
307307 THE I–495 AND I–270 PUBLIC–PRIVATE PARTNERSHIP . 12
308308
309309 B. THE AUTHORITY MAY FIX COMMUTER DISCOUNT 13
310310 RATES. 14
311311
312312 4–314. 15
313313
314314 (a) Without in any way limiting or restricting its effect or application, this subtitle 16
315315 is intended to authorize the Authority to finance any one or more or any combination of 17
316316 transportation facilities projects by any one or more or combination of issues or series of 18
317317 bonds secured by the pledge of the net or gross or any combination of the net or gross 19
318318 rentals, rates, fees, tolls, and other charges and revenues derived from any transportation 20
319319 facilities project or combination of projects designated by any bond authorizing resolution 21
320320 or trust agreement securing the bonds. 22
321321
322322 (b) However, all funds collected from rentals, rates, fees, tolls, and other charges 23
323323 and revenues which are not needed to meet the costs which they are required to meet under 24
324324 § 4–312 of this subtitle or any trust agreement and are not needed to meet obligations of 25
325325 the Transportation Authority Fund, may be used in the discretion of the Secretary to 26
326326 provide adequate and complete payment of all principal and interest on all bonds issued in 27
327327 connection with the John F. Kennedy Memorial Highway and any project constructed under 28
328328 the provisions of Section 3 (Bridge, Tunnel, and Motorway Revenue Bonds) of Chapter 608, 29
329329 of the Acts of the General Assembly of 1976. All such remaining funds thereafter remaining 30
330330 [may] SHALL be transferred[, upon the recommendation of the Secretary and after the 31
331331 approval of the Board of Public Works,] to the [Transportation Trust] RAIL AUTHORITY 32
332332 Fund and may be used for any purpose to which funds in the [Transportation Trust] RAIL 33
333333 AUTHORITY Fund may be applied. 34
334334
335335 7–101. 35
336336 8 HOUSE BILL 1324
337337
338338
339339 (j) [(1)] “Railroad facility” means any facility used in providing railroad 1
340340 services, and includes any one or more or combination of: 2
341341
342342 [(i)] (1) Switches, spurs, tracks, structures, terminals, yards, real 3
343343 property, and other facilities useful or designed for use in connection with the 4
344344 transportation of persons or goods by rail; and 5
345345
346346 [(ii)] (2) All other appurtenances, including locomotives, cars, 6
347347 vehicles, and other instrumentalities of shipment or carriage, useful or designed for use in 7
348348 connection with the transportation of persons or goods by rail. 8
349349
350350 [(2) “Railroad facility” does not include any transit facility.] 9
351351
352352 (l) “Transit facility” includes any one or more or combination of tracks, 10
353353 rights–of–way, bridges, tunnels, subways, rolling stock, stations, terminals, ports, parking 11
354354 areas, equipment, fixtures, buildings, structures, other real or personal property, and 12
355355 services incidental to or useful or designed for use in connection with the rendering of 13
356356 transit service by any means, including rail, bus, motor vehicle, or other mode of 14
357357 transportation[, but does not include any railroad facility]. 15
358358
359359 (n) (1) “Transit service” means the transportation of persons and their 16
360360 packages and baggage and of newspapers, express, and mail in regular route, special, or 17
361361 charter service by means of transit facilities between points within the District. 18
362362
363363 (2) “Transit service” does not include any[: 19
364364
365365 (i) Vanpool] VANPOOL operation[; or 20
366366
367367 (ii) Railroad service]. 21
368368
369369 TITLE 9. RAILROADS. 22
370370
371371 SUBTITLE 1. DEFINITIONS. 23
372372
373373 9–101. 24
374374
375375 (A) IN THIS TITLE THE FOL LOWING WORDS HAVE THE MEANI NGS 25
376376 INDICATED. 26
377377
378378 (B) “ADMINISTRATION ” MEANS THE MARYLAND TRANSIT 27
379379 ADMINISTRATION . 28
380380
381381 (C) “COST”, AS APPLIED TO ANY RA ILROAD FACILITIES PR OJECT, INCLUDES 29
382382 THE COST OF AND ALL EXPENSES INCIDENT TO THE CONSTRUCTION , 30
383383 RECONSTRUCTION , ACQUISITION, IMPROVEMENT , EXTENSION, ALTERATION, 31 HOUSE BILL 1324 9
384384
385385
386386 MODERNIZATION , PLANNING, MAINTENANCE , AND REPAIR OF THE PR OJECT, 1
387387 INCLUDING THE COST A ND EXPENSES OF : 2
388388
389389 (1) ALL PROPERTY ACQUIRED IN CONNECTION WITH THE PROJECT; 3
390390
391391 (2) FINANCIAL, ARCHITECTURAL , CONSULTING, ENGINEERIN G, AND 4
392392 LEGAL SERVICES ; 5
393393
394394 (3) PLANS, SPECIFICATIONS , SURVEYS, ESTIMATES, FEASIBILITY 6
395395 REPORTS, AND DIRECT AND INDIR ECT LABOR , MATERIAL, EQUIPMENT, AND 7
396396 ADMINISTRATIVE EXPEN SES; AND 8
397397
398398 (4) FINANCING THE PROJECT , INCLUDING FINANCING CHARGES AND 9
399399 INTEREST BEFORE , DURING, AND FOR 1 YEAR AFTER COMPLETIO N OF 10
400400 CONSTRUCTION . 11
401401
402402 (D) “RAIL AUTHORITY” MEANS THE MARYLAND RAIL AUTHORITY. 12
403403
404404 (E) “RAILROAD FACILITIES PROJECT ” INCLUDES: 13
405405
406406 (1) (I) THE BRUNSWICK, CAMDEN, OR PENN LINES OF THE 14
407407 MARYLAND AREA RAIL COMMUTER (MARC) SERVICE; 15
408408
409409 (II) EXTENDING MARC SERVICE; 16
410410
411411 (III) THE BALTIMORE AND POTOMAC TUNNEL; AND 17
412412
413413 (IV) THE SOUTHERN MARYLAND RAPID TRANSIT SYSTEM; AND 18
414414
415415 (2) ANY ADDITIONS, IMPROVEMENTS , OR ENLARGEMENTS TO A NY OF 19
416416 THE PROJECTS LISTED UNDER ITEM (1) OF THIS SUBSECTION, WHENEVER 20
417417 AUTHORIZED . 21
418418
419419 (F) “TRANSPORTATION AUTHORITY” MEANS THE MARYLAND 22
420420 TRANSPORTATION AUTHORITY. 23
421421
422422 SUBTITLE 2. ORGANIZATION AND POWERS AND DUTIES. 24
423423
424424 9–201. 25
425425
426426 THERE IS A MARYLAND RAIL AUTHORITY. 26
427427
428428 9–202. 27 10 HOUSE BILL 1324
429429
430430
431431
432432 (A) (1) THE SECRETARY IS THE CHAI R OF THE RAIL AUTHORITY. 1
433433
434434 (2) THE SECRETARY SHALL DESIG NATE AN EXECUTIVE DIRECTOR 2
435435 OF THE RAIL AUTHORITY. 3
436436
437437 (B) (1) IN ADDITION TO THE CHAIR, THE RAIL AUTHORITY CONSISTS OF 4
438438 THE FOLLOWING MEMBER S: 5
439439
440440 (I) 1. ONE MEMBER WITH A BAC KGROUND IN TRANSIT , 6
441441 APPOINTED BY THE PRESIDENT OF THE SENATE; AND 7
442442
443443 2. ONE MEMBER WITH A BAC KGROUND IN TRANSIT , 8
444444 APPOINTED BY THE SPEAKER OF THE HOUSE; AND 9
445445
446446 (II) AS EX OFFICIO MEMBERS : 10
447447
448448 1. THE MARYLAND TRANSIT ADMINISTRATOR ; 11
449449
450450 2. THE GENERAL MANAGER O F THE WASHINGTON 12
451451 METROPOLITAN AREA TRANSIT AUTHORITY, OR THE GENERAL MANAG ER’S 13
452452 DESIGNEE; 14
453453
454454 3. THE CEO OF THE NATIONAL RAILROAD PASSENGER 15
455455 CORPORATION , OR THE CEO’S DESIGNEE; 16
456456
457457 4. THE EXECUTIVE DIRECTOR OF THE 17
458458 TRANSPORTATION AUTHORITY; 18
459459
460460 5. THE STATE TREASURER, OR THE STATE 19
461461 TREASURER’S DESIGNEE; AND 20
462462
463463 6. THE EXECUTIVE DIRECTOR OF THE RAIL 21
464464 AUTHORITY. 22
465465
466466 (2) THE MEMBERS APPOINTED BY THE PRESIDENT OF THE SENATE 23
467467 AND THE SPEAKER OF THE HOUSE SHALL: 24
468468
469469 (I) REFLECT THE GEOGRAPHI C DIVERSITY OF THE STATE, TO 25
470470 THE EXTENT PRA CTICABLE; AND 26
471471
472472 (II) HAVE A BACKGROUND IN TRANSIT, RAIL, OR 27
473473 TRANSPORTATION PROJE CT FINANCE. 28 HOUSE BILL 1324 11
474474
475475
476476
477477 (C) (1) THE TERM OF AN APPOINTED MEMBER IS 4 YEARS. 1
478478
479479 (2) AN APPOINTED MEMBER M AY NOT SERVE MORE TH AN THREE 2
480480 CONSECUTIVE TERMS . 3
481481
482482 (3) AT THE END OF A TERM , A MEMBER CONTINUES TO SERVE UNTIL 4
483483 A SUCCESSOR IS APPOI NTED AND QUALIFIES . 5
484484
485485 (4) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN SERVES 6
486486 ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINT ED AND 7
487487 QUALIFIES. 8
488488
489489 (D) AN APPOINTED MEMBER O F THE RAIL AUTHORITY IS ENTITLED T O: 9
490490
491491 (1) THE COMPENSATION PROV IDED IN THE STATE BUDGET ; AND 10
492492
493493 (2) REIMBURSEMENT FOR EXP ENSES, UNDER THE STANDARD STATE 11
494494 TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET . 12
495495
496496 (E) (1) THE STATE ETHICS COMMISSION SHALL PROV IDE A TRAINING 13
497497 COURSE FOR RAIL AUTHORITY MEMBERS ON STATE AND LOCAL ETHIC S LAWS, 14
498498 REGULATIONS , AND POLICIES, INCLUDING: 15
499499
500500 (I) GENERAL ETHICS REQUIR EMENTS; 16
501501
502502 (II) FINANCIAL DISCLOSURES ; 17
503503
504504 (III) CONFLICTS OF INTEREST ; AND 18
505505
506506 (IV) ANY OTHER AREA THE STATE ETHICS COMMISSION 19
507507 CONSIDERS APPROPRIAT E. 20
508508
509509 (2) WITHIN 6 MONTHS AFTER BEING A PPOINTED TO THE RAIL 21
510510 AUTHORITY, A MEMBER SHALL : 22
511511
512512 (I) FILE A FINANCIAL DISCLOSURE STATEMENT; AND 23
513513
514514 (II) COMPLETE THE TRAINING COURSE. 24
515515
516516 (F) THE RAIL AUTHORITY IS SUBJECT TO THE OPEN MEETINGS ACT 25
517517 UNDER TITLE 3 OF THE GENERAL PROVISIONS ARTICLE. 26
518518 12 HOUSE BILL 1324
519519
520520
521521 9–203. 1
522522
523523 (A) THE RAIL AUTHORITY IS ENTITLED TO THE STAFF PROVIDE D IN THE 2
524524 STATE BUDGET . 3
525525
526526 (B) THE SECRETARY SHALL PROVI DE THE RAIL AUTHORITY WITH THE 4
527527 PERSONNEL OF THE DEPARTMENT THAT THE SECRETARY CONSIDERS N ECESSARY 5
528528 FOR PERFORMANCE OF T HE MAINTENANCE AND O THER FUNCTIONS REQUI RED OF 6
529529 THE RAIL AUTHORITY TO MEET ITS OBLIGATIONS WITH RES PECT TO ITS RAILROAD 7
530530 FACILITIES PROJECTS. 8
531531
532532 9–204. 9
533533
534534 (A) (1) ACTING ON BEHALF OF T HE DEPARTMENT , THE RAIL AUTHORITY 10
535535 HAS THOSE POWERS AND DUTIES RELATING TO T HE SUPERVISION , FINANCING, 11
536536 CONSTRUCTION , OPERATION, MAINTENANCE , AND REPAIR OF RAILROAD FACILITIES 12
537537 PROJECTS AS ARE GRANTED TO IT BY THIS TITLE. 13
538538
539539 (2) THE RAIL AUTHORITY MAY : 14
540540
541541 (I) DELEGATE PROJECT OPER ATIONS TO THE 15
542542 ADMINISTRATION ; AND 16
543543
544544 (II) USE FARE REVENUE TO PROVIDE T HE ADMINISTRATION 17
545545 WITH PAYMENTS FOR PR OJECT MAINTENANCE . 18
546546
547547 (B) THE RAIL AUTHORITY HAS GENERAL SUPERVISION OF THE FOLLOWING 19
548548 RAILROAD FACILITIES PROJECTS: 20
549549
550550 (1) EXTENDING MARYLAND AREA RAIL COMMUTER (MARC) 21
551551 SERVICE, INCLUDING EXTENDIN G RAIL SERVICE TO: 22
552552
553553 (I) NEWARK, DELAWARE; 23
554554
555555 (II) NORTHERN VIRGINIA; AND 24
556556
557557 (III) WESTERN MARYLAND; 25
558558
559559 (2) REPLACING THE BALTIMORE AND POTOMAC TUNNEL; 26
560560
561561 (3) PLANNING, DESIGNING, ENGINEERING , CONSTRUCTING , 27
562562 OPERATING, AND MAINTAINING THE SOUTHERN MARYLAND RAPID TRANSIT 28
563563 SYSTEM; AND 29 HOUSE BILL 1324 13
564564
565565
566566
567567 (4) IMPROVEMENTS TO THE BRUNSWICK, CAMDEN, OR PENN LINES 1
568568 OF THE MARC SERVICE. 2
569569
570570 (C) THE RAIL AUTHORITY SHALL FINAN CE, CONSTRUCT, OPERATE, 3
571571 REPAIR, AND MAINTAIN IN GOOD ORDER THE RAILROAD FACILITIES PROJECTS 4
572572 LISTED IN THIS SECTI ON. 5
573573
574574 (D) THE RAIL AUTHORITY SHALL , TO THE EXTENT PRACTI CABLE, ADHERE 6
575575 TO THE TRANSIT PLANS PREPARED UNDER TITLE 7, SUBTITLE 3 OF THIS ARTICLE. 7
576576
577577 9–205. 8
578578
579579 (A) SUBJECT TO § 9–306 OF THIS TITLE AND IN ADDITION TO THE POWE RS 9
580580 OTHERWISE SPECIFICAL LY GRANTED BY LAW , THE RAIL AUTHORITY HAS THE 10
581581 POWERS DESCRIBED IN THIS SECTION. 11
582582
583583 (B) THE RAIL AUTHORITY MAY ACQUIRE , HOLD, AND DISPOSE OF 12
584584 PROPERTY IN THE EXER CISE OF ITS POWERS A ND PERFORMANCE OF IT S DUTIES. 13
585585
586586 (C) (1) SUBJECT TO THE LIMITA TIONS DESCRIBED IN P ARAGRAPH (2) OF 14
587587 THIS SUBSECTION , THE RAIL AUTHORITY MAY MAKE AN Y CONTRACTS AND 15
588588 AGREEMENTS NECESSARY OR INCIDENTAL TO THE EXERCISE OF ITS POWERS AND 16
589589 PERFORMANCE OF ITS D UTIES. 17
590590
591591 (2) NOT LESS THAN 45 DAYS BEFORE ENTERING INTO ANY CONTRACT 18
592592 OR AGREEMENT TO ACQU IRE OR CONSTRUCT A R EVENUE–PRODUCING PASSENGER 19
593593 RAIL OR TRANSIT PROJ ECT, THE RAIL AUTHORITY SHALL PROVI DE, IN 20
594594 ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, TO THE 21
595595 SENATE BUDGET AND TAXATION COMMITTEE, THE HOUSE COMMITTEE ON WAYS 22
596596 AND MEANS, AND THE HOUSE APPROPRIATIONS COMMITTEE, FOR REVIEW AND 23
597597 COMMENT, AND TO THE DEPARTMENT OF LEGISLATIVE SERVICES A DESCRIPTIO N 24
598598 OF THE PROPO SED PROJECT, A SUMMARY OF THE CON TRACT OR AGREEMENT , AND 25
599599 A FINANCING PLAN THA T DETAILS: 26
600600
601601 (I) THE ESTIMATED ANNUAL REVENUE FROM THE ISS UANCE OF 27
602602 BONDS TO FINANCE THE PROJECT; AND 28
603603
604604 (II) THE ESTIMATED IMPACT OF THE ISSUANCE OF B ONDS TO 29
605605 FINANCE THE PROJEC T ON THE BONDING CAP ACITY OF THE RAIL AUTHORITY. 30
606606
607607 (D) (1) (I) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 31
608608 RAIL AUTHORITY MAY EMPLOY AND FIX THE COMPENSA TION OF ATTORNEYS , 32 14 HOUSE BILL 1324
609609
610610
611611 CONSULTING ENGINEERS , ACCOUNTANTS , CONSTRUCTION AND FIN ANCIAL 1
612612 EXPERTS, SUPERINTENDENTS, MANAGERS, AND ANY OTHER AGENTS AND 2
613613 EMPLOYEES THAT IT CO NSIDERS NECESSARY TO EXERCISE ITS POWERS AND 3
614614 PERFORM ITS DUTIES . 4
615615
616616 (II) THE COMPENSATION ESTA BLISHED BY THE RAIL 5
617617 AUTHORITY FOR EXECUTI VE MANAGEMENT POSITI ONS SHALL BE CONSIST ENT WITH 6
618618 THE COMPENSATION OF COMPARABLE POSITIONS IN THE DEPARTMENT . 7
619619
620620 (III) THE COMPENSATION ESTA BLISHED BY THE RAIL 8
621621 AUTHORITY SHALL BE RE PORTED TO THE GENERAL ASSEMBLY EACH YEAR AS PART 9
622622 OF THE RAIL AUTHORITY’S PRESENTATION OF IT S BUDGET. 10
623623
624624 (2) THE EXPENSE OF EMPLOY ING THESE PERSONS MA Y BE PAID ONLY 11
625625 FROM REVENUES OR FRO M THE PROCEEDS OF RE VENUE BONDS ISSUED B Y THE 12
626626 RAIL AUTHORITY. 13
627627
628628 (E) THE RAIL AUTHORITY MAY APPLY F OR AND RECEIVE GRANT S FROM 14
629629 ANY FEDERAL AGENCY F OR THE PLANNING , CONSTRUCTION , OPERATION, OR 15
630630 FINANCING OF ANY PASSENGER RAIL OR TR ANSIT PROJECT AND MAY RECEIVE AID 16
631631 OR CONTRIBUTIONS OF MONEY, PROPERTY, LABOR, OR OTHER THINGS OF V ALUE 17
632632 FROM ANY SOURCE , TO BE HELD, USED, AND APPLIED FOR THE PURPOSES FOR 18
633633 WHICH THE GRANTS , AID, AND CONTRIBUTIONS AR E MADE. 19
634634
635635 (F) THE RAIL AUTHORITY MAY ADOPT R ULES AND REGULATIONS TO CARRY 20
636636 OUT THE PROVISIONS O F THIS TITLE. 21
637637
638638 (G) THE RAIL AUTHORITY MAY DO ANYT HING ELSE NECESSARY OR 22
639639 CONVENIENT TO CARRY OUT THE POWERS GRANT ED IN THIS TITLE. 23
640640
641641 9–206. 24
642642
643643 SUBJECT TO TITLE 12 OF THE REAL PROPERTY ARTICLE AND CHAPTER 608 25
644644 OF THE ACTS OF THE GENERAL ASSEMBLY OF 1976, THE RAIL AUTHORITY MAY 26
645645 CONDEMN PROPERTY FOR ANY RAILROAD FACILITIES PROJECT AUT HORIZED TO BE 27
646646 FINANCED WITH REVENU E BONDS OF PRIOR ISS UES. 28
647647
648648 9–207. 29
649649
650650 EXCEPT FOR WATER AND SEWER CHARGES IMPOSE D BY THE STATE OR ANY OF 30
651651 ITS AGENCIES OR POLI TICAL SUBDIVISIONS , THE RAIL AUTHORITY, ITS ACTIVITIES, 31
652652 AND THE PROPERTY IT OWNS OR CONTROLS ARE EXEM PT FROM ALL TAXES , 32
653653 ASSESSMENTS , AND CHARGES , WHETHER FEDERAL , STATE, OR LOCAL, NOW OR 33 HOUSE BILL 1324 15
654654
655655
656656 SUBSEQUENTLY LEVIED OR IMPOSED. 1
657657
658658 9–208. 2
659659
660660 THE RAIL AUTHORITY MAY CONTRAC T WITH THE ADMINISTRATION TO 3
661661 AUTHORIZE TRANSPORTATION AUTHORITY POLICE OFFI CERS TO EXERCISE THE 4
662662 POWERS DESCRIBED UND ER § 4–208 OF THIS ARTICLE ON PROPERTY OWNED , 5
663663 LEASED, OR OPERATED BY OR UN DER THE CONTROL OF T HE RAIL AUTHORITY. 6
664664
665665 9–209. 7
666666
667667 (A) ON OR BEFORE SEPTEMBER 1 EACH YEAR, THE RAIL AUTHORITY, IN 8
668668 COLLABORATION WITH T HE TRANSPORTATION AUTHORITY, SHALL DEVELOP AND , 9
669669 SUBJECT TO APPROVAL OF THE TRANSPORTATION AUTHORITY, ADOPT A 6–YEAR 10
670670 FINANCIAL FORECAST F OR THE OPERATIONS OF THE RAIL AUTHORITY. 11
671671
672672 (B) IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, 12
673673 THE RAIL AUTHORITY SHALL SUBMI T TO THE GENERAL ASSEMBLY: 13
674674
675675 (1) A DRAFT OF THE FINANCI AL FORECAST ON SUBMI SSION OF THE 14
676676 BUDGET BILL TO THE P RESIDING OFFICERS OF THE GENERAL ASSEMBLY; AND 15
677677
678678 (2) THE FINANCIAL FORECAST AS APPROVED BY THE RAIL 16
679679 AUTHORITY ON OR BEFOR E SEPTEMBER 1 EACH YEAR. 17
680680
681681 (C) THE FINANCIAL FORECAS T SHALL INCLUDE THE FOLLOWING 18
682682 COMPONENTS : 19
683683
684684 (1) A SCHEDULE OF OPERATIN G EXPENSES; 20
685685
686686 (2) A SCHEDULE OF REVENUES , INCLUDING CONCESSION S INCOME, 21
687687 INVESTMENT INCOME , OTHER INCOME , AND TRANSFERS FROM T HE DEPARTMENT ; 22
688688
689689 (3) A SCHEDULE OF PLANNED BOND ISSUANCES , INCLUDING A 23
690690 DETAILED SUMMARY OF BONDS ISSUED TO FUND THE CAPITAL PROGRAM AND 24
691691 BONDS ISSUED TO FUND CAPITALIZED INTEREST ; 25
692692
693693 (4) A SCHEDULE OF DEBT SER VICE IN EACH FISCAL YEAR FOR EACH 26
694694 BOND ISSUANCE OF ALL DEBT ISSUED BY THE RAIL AUTHORITY, INCLUDING DEBT 27
695695 SERVICE ESTIMATES OF PLANNED BOND ISSUANC ES; AND 28
696696
697697 (5) A SUMMARY SCHEDULE FOR THE RAIL AUTHORITY THAT 29
698698 INCLUDES: 30 16 HOUSE BILL 1324
699699
700700
701701
702702 (I) THE TOTAL CASH BALANCE ; 1
703703
704704 (II) THE AMOUNT OF THE CAS H BALANCE THAT IS 2
705705 ENCUMBERED ; 3
706706
707707 (III) THE ANNUAL CASH SURPL US OR DEFICIT; 4
708708
709709 (IV) REVENUES; 5
710710
711711 (V) TRANSFERS TO THE DEPARTMENT FROM THE RAIL 6
712712 AUTHORITY; 7
713713
714714 (VI) TRANSFERS TO THE RAIL AUTHORITY FROM THE 8
715715 DEPARTMENT ; 9
716716
717717 (VII) BOND SALES; 10
718718
719719 (VIII) EXPENDITURES FOR DEBT SERVICE; 11
720720
721721 (IX) OPERATING EXPENSES ; 12
722722
723723 (X) CAPITAL EXPENSES ; 13
724724
725725 (XI) MAINTENANCE AND OPERA TIONS EXPENSE RESERV E 14
726726 ACCOUNTS; 15
727727
728728 (XII) FORECASTED BOND INTER EST RATES; 16
729729
730730 (XIII) TOTAL BOND S OUTSTANDING ; AND 17
731731
732732 (XIV) FINANCIAL COVERAGE RA TIOS, INCLUDING THE RATIO OF 18
733733 TOTAL CASH TO FARE REVENUES, THE DEBT SERVICE COV ERAGE RATIO, AND THE 19
734734 RATE COVENANT COMPLI ANCE RATIO. 20
735735
736736 (D) THE FINANCIAL FORECAS T SHALL INCLUDE , FOR EACH OF THE 21
737737 COMPONENTS SPEC IFIED IN SUBSECTION (C) OF THIS SECTION: 22
738738
739739 (1) ACTUAL INFORMATION FO R THE LAST FULL FISC AL YEAR; AND 23
740740
741741 (2) FORECASTS OF THE INFO RMATION FOR EACH OF THE 6 24
742742 SUBSEQUENT FISCAL YE ARS, INCLUDING THE CURREN T FISCAL YEAR, THE FISCAL 25
743743 YEAR FOR THE PROPOSE D BUDGET, AND THE NEXT 4 SUBSEQUENT FISCAL YE ARS. 26 HOUSE BILL 1324 17
744744
745745
746746
747747 9–210. 1
748748
749749 (A) THE RAIL AUTHORITY SHALL EMPLO Y A GENERAL COUNSEL WHO 2
750750 SERVES AT THE PLEASU RE OF THE SECRETARY. 3
751751
752752 (B) THE GENERAL COUNSEL I S ENTITLED TO THE CO MPENSATION 4
753753 DETERMINED BY THE MARYLAND TRANSIT ADMINISTRATOR . 5
754754
755755 9–211. 6
756756
757757 (A) THE RAIL AUTHORITY SHALL MAKE PUBLICLY AVAILABLE O N ITS 7
758758 WEBSITE: 8
759759
760760 (1) EACH OPEN MEETING AGE NDA: 9
761761
762762 (I) AT LEAST 48 HOURS IN ADVANCE OF EACH MEETING ; OR 10
763763
764764 (II) IF THE MEETING IS BEI NG HELD DUE TO AN EM ERGENCY, A 11
765765 NATURAL DI SASTER, OR ANY OTHER UNANTIC IPATED SITUATION , AS FAR IN 12
766766 ADVANCE OF THE MEETI NG AS PRACTICABLE ; 13
767767
768768 (2) MEETING MINUTES FROM THE PORTIONS OF A ME ETING THAT 14
769769 WERE HELD IN OPEN SE SSION, NOT MORE THAN 2 BUSINESS DAYS AFTER THE 15
770770 MINUTES ARE APPROVED ; 16
771771
772772 (3) LIVE VIDEO STREAMING OF EA CH OPEN MEETING OF T HE RAIL 17
773773 AUTHORITY THAT IS HEL D AT: 18
774774
775775 (I) THE HEADQUARTERS OF T HE RAIL AUTHORITY; OR 19
776776
777777 (II) ANY OTHER LOCATION WH ERE THE RAIL AUTHORITY HELD 20
778778 AT LEAST 10 MEETINGS DURING THE IMMEDIATELY PRECEDIN G CALENDAR YEAR ; 21
779779 AND 22
780780
781781 (4) A COMPLETE AND UNEDITE D ARCHIVED VIDEO REC ORDING OF 23
782782 EACH OPEN MEETING FO R WHICH LIVE VIDEO S TREAMING WAS MADE AV AILABLE 24
783783 UNDER ITEM (3) OF THIS SUBSECTION F OR A MINIMUM OF 5 YEARS AFTER THE DATE 25
784784 OF THE MEETING . 26
785785
786786 (B) THE DEPARTMENT OF INFORMATION TECHNOLOGY SHALL PROV IDE TO 27
787787 THE RAIL AUTHORITY THE TECHNIC AL STAFF, SUPPORT, AND EQUIPMENT 28
788788 NECESSARY TO LIVESTR EAM THE OPEN MEETING S OF THE RAIL AUTHORITY. 29 18 HOUSE BILL 1324
789789
790790
791791
792792 SUBTITLE 3. FINANCING OF PROJECTS. 1
793793
794794 9–301. 2
795795
796796 BY ONE OR MORE RESOLU TIONS, THE RAIL AUTHORITY MAY : 3
797797
798798 (1) FINANCE THE COST OF RAILROAD FACILITIES PROJECTS; 4
799799
800800 (2) BORROW MONEY FROM TIM E TO TIME FOR THAT P URPOSE; AND 5
801801
802802 (3) EVIDENCE THE BORROWIN G BY THE ISSUANCE AN D SALE OF 6
803803 REVENUE BONDS , NOTES, OR OTHER EVIDENCES OF OBLIG ATION ON THE TERMS , 7
804804 CONDITIONS, AND LIMITATIONS CONT AINED IN THIS SUBTIT LE. 8
805805
806806 9–302. 9
807807
808808 (A) EXCEPT AS PROVIDED IN § 9–306(B) OF THIS SUBTITLE , WITHOUT 10
809809 LIMITING THE POWER O F THE RAIL AUTHORITY TO ISSUE AD DITIONAL REVENUE 11
810810 BONDS UNDER THE PR OVISIONS OF LAW THAT AUTHORIZE THE ISSUAN CE OF 12
811811 REVENUE BONDS OF PRI OR ISSUES, THE RAIL AUTHORITY FROM TIME T O TIME MAY 13
812812 ISSUE ITS REVENUE BO NDS TO FINANCE THE C OST OF ANY ONE OR MO RE OR 14
813813 COMBINATION OF RAILROAD FACILITIES PROJECTS. 15
814814
815815 (B) AS TO REVENUE BONDS O F ANY ISSUE, THE RAIL AUTHORITY MAY 16
816816 DETERMINE: 17
817817
818818 (1) THE DATE OR DATES OF ISSUE; 18
819819
820820 (2) THE DATE OR DATES AND AMOUNT OR AMOUNTS OF MATURITY, 19
821821 WHICH NEED NOT BE IN EQUAL PRINCIPAL AMOU NTS OR CONSECUTIVE A NNUAL 20
822822 INSTALLMENTS , BUT A BOND MAY NOT BE ISSUED TO MATURE LATER THAN 40 YEARS 21
823823 AFTER THE DATE OF IT S ISSUE; 22
824824
825825 (3) THE RATE OR RATES OF INTEREST PAYABLE ON THE BONDS, OR 23
826826 THE MANNER OF DETERM INING THE RATE OR RA TES OF INTEREST , AND THE DATE 24
827827 OR DATES OF PAYMENT OF INTEREST; 25
828828
829829 (4) THE TENO R, FORM OR FORMS , DENOMINATION OR 26
830830 DENOMINATIONS , MANNER OF EXECUTION , AND PLACE OR PLACES OF PAYMENT OF 27
831831 THE PRINCIPAL OF AND INTEREST ON THE BOND S, WHICH MAY BE AT ANY BANK OR 28
832832 TRUST COMPANY WITHIN OR OUTSIDE THE STATE; 29
833833 HOUSE BILL 1324 19
834834
835835
836836 (5) WHETHER THE BONDS ARE TO BE ISSUED IN COUPON OR 1
837837 REGISTERED FORM OR B OTH AND WHETHER PROV ISION IS TO BE MADE FOR THE 2
838838 REGISTRATION OF THE PRINCIPAL ONLY OF CO UPON BONDS , FOR THE 3
839839 RECONVERSION OF FULL Y REGISTERED BONDS I NTO COUPON FORM , AND FOR THE 4
840840 REPLACEMENT OF BONDS THAT ARE MUTILATED , LOST, OR DESTROYED ; 5
841841
842842 (6) WHETHER ALL OR ANY PA RT OF THE BONDS ARE REDEEMABLE 6
843843 BEFORE MATURITY AND , IF SO, THE TERMS , CONDITIONS, AND PRICES OF 7
844844 REDEMPTION ; AND 8
845845
846846 (7) ANY OTHER MATTER RELA TING TO THE FORM , TERMS, 9
847847 CONDITIONS, ISSUANCE, SALE, AND DELIVERY OF THE BONDS. 10
848848
849849 9–303. 11
850850
851851 (A) (1) REVENUE BONDS ISSUED UNDER THIS SUBTITLE SHALL BE 12
852852 EXECUTED ON BEHALF O F THE RAIL AUTHORITY BY THE MANU AL SIGNATURE OF AT 13
853853 LEAST ONE AUTHORIZED INDIVIDUAL. 14
854854
855855 (2) OTHER SIGNATURES ON T HE BONDS MAY BE EITH ER MANUAL OR 15
856856 FACSIMILE. 16
857857
858858 (B) IF AN INDIVIDUAL WHOS E MANUAL OR FACSIMIL E SIGNATURE APPEARS 17
859859 ON ANY BOND OR COUPO N ISSUED UNDER THIS SUBTITLE CEASES TO S ERVE IN AN 18
860860 AUTHORIZED CAPACITY BEFORE THE DELIVERY OF THE BOND , THE SIGNATURE 19
861861 NEVERTHELESS IS AS V ALID AND SUFFICIENT FOR ALL P URPOSES AS IF THE 20
862862 INDIVIDUAL HAD REMAI NED IN THAT CAPACITY UNTIL DELIVERY OF TH E BOND. 21
863863
864864 9–304. 22
865865
866866 NOTWITHSTANDING ANY O THER PROVISION OF LA W OR ANY RECITALS IN THE 23
867867 INSTRUMENTS , THE REVENUE BONDS , NOTES, AND OTHER EVIDENCES OF 24
868868 OBLIGATION ISSUED UN DER THIS SUBTITLE ARE INVESTMEN T SECURITIES UNDER 25
869869 THE LAWS OF TH E STATE. 26
870870
871871 9–305. 27
872872
873873 THE REVENUE BONDS , NOTES, AND OTHER EVIDENCES OF OBLIGATION 28
874874 ISSUED UNDER THIS SU BTITLE AND THEIR ISS UANCE AND SALE ARE E XEMPT FROM 29
875875 THE PROVISIONS OF §§ 8–206 AND 8–208 OF THE STATE FINANCE AND 30
876876 PROCUREMENT ARTICLE, AND THE RAIL AUTHORITY MAY SELL TH EM AT EITHER 31
877877 PUBLIC OR PRIVATE SA LE IN THE MANNER AND FOR THE PRICE THAT I T 32
878878 DETERMINES . 33 20 HOUSE BILL 1324
879879
880880
881881
882882 9–306. 1
883883
884884 (A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, REVENUE 2
885885 BONDS MAY BE ISSUED BY THE RAIL AUTHORITY: 3
886886
887887 (1) WITHOUT OBTAINING THE CONSENT OF ANY INSTR UMENTALITY, 4
888888 AGENCY, OR UNIT OF THE STATE; AND 5
889889
890890 (2) WITHOUT ANY PROCEEDIN GS OR THE HAPPENING OF ANY 6
891891 CONDITIONS OR THINGS OTHER THAN THOSE SPE CIFICALLY REQUIRED B Y THIS 7
892892 SUBTITLE. 8
893893
894894 (B) (1) (I) SUBJECT TO SUBPARAGRA PH (III) OF THIS PARAGRAPH , 9
895895 REVENUE BONDS SECURE D BY FARE REVENUE MAY BE ISSUE D IN ANY AMOUNT . 10
896896
897897 (II) ON OR BEFORE APRIL 1, 2024, THE RAIL AUTHORITY 11
898898 SHALL SUBMIT, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 12
899899 ARTICLE, A REPORT TO THE GENERAL ASSEMBLY THAT INCLUDES: 13
900900
901901 1. A RECOMMENDATION ON TH E MAXIMUM AGGREGATE 14
902902 AMOUNT OF REVENUE BO NDS THAT MAY BE OUTS TANDING AND UNPAID I N A FISCAL 15
903903 YEAR; AND 16
904904
905905 2. WHETHER THE MAXIMUM A GGREGATE AMOUNT 17
906906 DETERMINED UNDER ITEM 1 OF THIS SUBPAR AGRAPH SHOULD BE ESTABLISHED BY 18
907907 LAW OR REGULATION . 19
908908
909909 (III) THE MAXIMUM AGGREGATE AMOUNT OF REVENUE BO NDS 20
910910 THAT MAY BE OUTSTAND ING AND UNPAID UNDER SUBPARAGRAPH (I) OF THIS 21
911911 PARAGRAPH SHALL BE R EDUCED BY THE AMOUNT OF: 22
912912
913913 1. ANY LOAN EXTENDED TO THE STATE UNDER THE 23
914914 FEDERAL TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT; 24
915915 AND 25
916916
917917 2. ANY LINE OF CREDIT EX TENDED TO THE STATE 26
918918 UNDER THE FEDERAL TRANSPORTATION INFRASTRUCTURE FINANCE AND 27
919919 INNOVATION ACT, TO THE EXTENT THE STATE DRAWS ON THE LI NE OF CREDIT. 28
920920
921921 (2) EXCEPT AS OTHERWISE P ROVIDED IN THIS SECT ION AND § 9–205 29
922922 OF THIS TITLE, WITHOUT THE APPROVAL OF THE GENERAL ASSEMBLY, THE RAIL 30
923923 AUTHORITY MAY ISSUE B ONDS TO REFINANCE AL L OR ANY PART OF THE COST OF A 31 HOUSE BILL 1324 21
924924
925925
926926 PASSENGER RAIL OR TR ANSIT PROJECT FOR WHICH THE RAIL AUTHORITY 1
927927 PREVIOUSLY ISSUED BO NDS AUTHORIZED UNDER THIS SUBTITLE. 2
928928
929929 9–307. 3
930930
931931 (A) SUBJECT TO THE PROVIS IONS OF §§ 9–306(B) AND 9–320 OF THIS 4
932932 SUBTITLE, IF BY REASON OF INCR EASED CONSTRUCTION C OSTS, ERROR IN 5
933933 ESTIMATES, OR OTHERWISE , THE PROCEEDS OF THE REVENUE BONDS OF ANY ISSUE 6
934934 ARE LESS THAN THE AM OUNT REQUIRED FOR TH E PURPOSE FOR WHICH THE BONDS 7
935935 ARE AUTHORIZED , ADDITIONAL REVENUE B ONDS MAY BE ISSUED I N A SIMILAR 8
936936 MANNER TO PROVIDE TH E AMOUNT OF THE DEFI CIENCY. 9
937937
938938 (B) (1) THE ADDITIONAL BONDS SHALL BE DEEMED TO B E OF THE SAME 10
939939 ISSUE AND SHALL BE E NTITLED TO PAYMENT F ROM THE SAME FUND , WITHOUT 11
940940 PREFERENCE OR PRIORI TY, AS THE BONDS FIRST I SSUED. 12
941941
942942 (2) IF THE PROCEEDS OF TH E ADDITIONAL BONDS E XCEED THE 13
943943 AMOUNT REQUIRED , THE EXCESS SHALL BE DEPOSITED TO THE CREDIT OF ANY 14
944944 RESERVE FUND FOR THE BONDS OR, IF SO PROVIDED IN TH E TRUST AGREEMENT 15
945945 SECURING THE BONDS , MAY BE APPLIED TO TH E COST OF ANY ADDITI ONAL 16
946946 PROJECT. 17
947947
948948 9–308. 18
949949
950950 (A) THE RAIL AUTHORITY FROM TIME T O TIME MAY ISSUE ITS REVENUE 19
951951 REFUNDING BONDS FOR: 20
952952
953953 (1) REFUNDING ANY BONDS I SSUED UNDER THIS SUB TITLE OR ANY 21
954954 REVENUE BONDS OF PRI OR ISSUES, INCLUDING THE PAYMEN T OF ANY REDEMPTION 22
955955 PREMIUM ON THE BONDS AND ANY INTEREST ACC RUED OR TO ACCRUE TO THE DATE 23
956956 OF REDEMPTION OF THE BONDS; 24
957957
958958 (2) CONSTRUCTING IMPROVEMENTS OR EXTE NSIONS TO OR 25
959959 ENLARGEMENTS OF ANY RAILROAD FACILITIES PROJECT ; AND 26
960960
961961 (3) PAYING ALL OR ANY PAR T OF THE COST OF ANY ADDITIONAL 27
962962 RAILROAD FACILITIES PROJECT . 28
963963
964964 (B) THE ISSUANCE OF REVEN UE REFUNDING BONDS , THE DETAILS OF 29
965965 THEIR ISSUANCE , THE RIGHTS OF THEIR HOLDERS, AND THE RIGHTS , DUTIES, AND 30
966966 OBLIGATIONS OF THE RAIL AUTHORITY WITH RESPEC T TO THEM ARE GOVERN ED BY 31
967967 THE PROVISIONS OF TH IS SUBTITLE RELATING TO REVENUE BOND S, INSOFAR AS 32
968968 THOSE PROVISIONS MAY BE APPLICABLE . 33 22 HOUSE BILL 1324
969969
970970
971971
972972 9–309. 1
973973
974974 BEFORE THE PREPARATIO N OF DEFINITIVE BOND S, THE RAIL AUTHORITY 2
975975 MAY ISSUE ITS INTERI M CERTIFICATES OR TE MPORARY BONDS , WITH OR WITHOUT 3
976976 COUPONS, EXCHANGEABLE FOR DEF INITIVE BONDS WHEN T HE DEFINITIVE BONDS 4
977977 HAVE BEEN EXECUTED A ND ARE AVAILABLE FOR DELIVERY. 5
978978
979979 9–310. 6
980980
981981 (A) THE RAIL AUTHORITY MAY ISSUE I TS BOND ANTICIPATION NOTES, 7
982982 PAYABLE TO THE BEARE R OR REGISTERED HOLD ER OF THE NOTES , OUT OF THE 8
983983 FIRST PROCEEDS OF TH E NEXT SALE OF BONDS ISSUED UNDER THIS SUBTITLE. 9
984984
985985 (B) THE RESOLUTION AUTHOR IZING THE ISSUANCE O F BOND ANTICIPATION 10
986986 NOTES MAY PROVIDE FO R THE ISSUANCE OF TH ESE NOTES IN SERIES , AS FUNDS ARE 11
987987 REQUIRED, AND FOR THE RENEWAL OF THESE NOTES AT MA TURITY, WITH OR 12
988988 WITHOUT RESALE . 13
989989
990990 (C) THE ISSUANCE OF BOND ANTICIPATION NO TES, THE DETAILS OF THEIR 14
991991 ISSUANCE, THE RIGHTS OF THEIR HOLDERS, AND THE RIGHTS , DUTIES, AND 15
992992 OBLIGATIONS OF THE RAIL AUTHORITY WITH RESPEC T TO THEM ARE GOVERN ED BY 16
993993 THE PROVISIONS OF TH IS SUBTITLE RELATING TO THE ISSUANCE OF T HE BONDS IN 17
994994 ANTICIPATION OF THE SALE OF WHICH THE NO TES ARE ISSUED, INSOFAR AS THOSE 18
995995 PROVISIONS MAY BE AP PLICABLE. 19
996996
997997 9–311. 20
998998
999999 (A) (1) REVENUE BONDS ISSUED UNDER THIS SUBTITLE MAY BE 21
10001000 SECURED BY A TRUST A GREEMENT BETWEEN THE RAIL AUTHORITY AND A 22
10011001 CORPORATE TRUSTEE THAT MAY BE ANY TRUST COMP ANY OR BANK HAVING T RUST 23
10021002 POWERS WITHIN OR OUTSIDE THE STATE. 24
10031003
10041004 (2) THE TRUST AGREEMENT M AY PLEDGE OR ASSIGN ALL OR ANY 25
10051005 PART OF THE REVENUES OF THE RAIL AUTHORITY OR OF ANY RAILROAD FACILITIES 26
10061006 PROJECT, BUT MAY NOT MORTGAGE ANY PART OF ANY RAILROAD FACILITIES 27
10071007 PROJECT. 28
10081008
10091009 (B) ANY TRUST AGREEMENT O R BOND AUTHORIZING R ESOLUTION MAY : 29
10101010
10111011 (1) CONTAIN ANY PROVISION S FOR THE PROTECTION AND 30
10121012 ENFORCEMENT OF THE R IGHTS AND REMEDIES O F BONDHOLDERS AS ARE 31
10131013 CONSIDERED REASONABL E AND PROPER , INCLUDING COVENANTS SETTING FORTH 32 HOUSE BILL 1324 23
10141014
10151015
10161016 THE DUTIES OF THE RAIL AUTHORITY AS TO THE F INANCING OR DEVELOPM ENT OF 1
10171017 ANY RAILROAD FACILITIES PROJECT , THE EXTENSION , ENLARGEMENT , 2
10181018 IMPROVEMENT , MAINTENANCE , OPERATION, REPAIR, AND INSURANCE OF THE 3
10191019 PROJECT, AND THE CUSTODY , SAFEGUARDING , AND APPLICATION OF M ONEY; 4
10201020
10211021 (2) PROVIDE FOR THE EMPLO YMENT OF CONSULTING ENGINEERS IN 5
10221022 CONNECTION WITH THE CONSTRUCTION OR OPER ATION OF ANY RAILROAD 6
10231023 FACILITIES PROJECT ; 7
10241024
10251025 (3) SET FORTH THE RIGHTS AND REMEDIES OF THE BONDHOLDERS 8
10261026 AND OF THE TRUSTEE ; 9
10271027
10281028 (4) RESTRICT THE INDIVIDU AL RIGHT OF ACTION B Y BONDHOLDERS ; 10
10291029 AND 11
10301030
10311031 (5) CONTAIN ANY OTHER PRO VISIONS THAT THE RAIL AUTHORITY 12
10321032 CONSIDERS REASONABLE AND PROPER FOR THE S ECURITY OF THE BONDH OLDERS, 13
10331033 INCLUDING: 14
10341034
10351035 (I) COVENANTS TO RESTRICT OR PROHIBIT THE 15
10361036 CONSTRUCTION OR OPER ATION OF COMPETING RAILROAD FACILITIES; AND 16
10371037
10381038 (II) COVENANTS RELATING TO THE ISSUANCE OF ADDI TIONAL 17
10391039 PARITY BONDS ON STAT ED CONDITIONS CONSIS TENT WITH THE REQUIR EMENTS OF 18
10401040 THIS SUBTITLE. 19
10411041
10421042 (C) ALL EXPENSES INCURRED IN CARRYING OUT THE TRUST AGREEMENT 20
10431043 MAY BE TREATED AS A PART OF THE COST OF THE OPERATION OF THE RAILROAD 21
10441044 FACILITIES PROJECT I N CONNECTION WITH WH ICH THE BONDS HAVE B EEN ISSUED. 22
10451045
10461046 (D) THE PROCEEDS OF THE S ALE OF BONDS SHALL B E PAID TO THE 23
10471047 TRUSTEE UNDER THE TR UST AGREEMENT SECURI NG THE BONDS AND SHA LL BE 24
10481048 DISBURSED IN THE MAN NER AND UNDER THE RE STRICTIONS, IF ANY, PROVIDED IN 25
10491049 THE TRUST AGREEMENT . 26
10501050
10511051 (E) ANY BANK OR TRUST COM PANY INCORPORATED UN DER THE LAWS OF 27
10521052 THE STATE THAT ACTS AS DEPOSITARY OF THE PR OCEEDS OF THE BONDS OR OF 28
10531053 REVENUES MAY FURNISH ANY INDEMNIFYING BON DS OR PLEDGE ANY SEC URITIES 29
10541054 THAT THE RAIL AUTHORITY REQUIRES . 30
10551055
10561056 9–312. 31
10571057
10581058 NOTWITHSTANDING ANY O THER PROVISION OF LA W, IF THE RAIL AUTHORITY 32 24 HOUSE BILL 1324
10591059
10601060
10611061 IS OPERATING A RAILR OAD FACILITIES PROJECT , THE RAIL AUTHORITY SHALL FIX , 1
10621062 REVISE, CHARGE, AND COLLECT RENTALS , RATES, FEES, FARES, AND OTHER 2
10631063 CHARGES FOR ITS USE OR FOR ITS SERVICES CONSISTENT WITH THE PROVISIONS OF 3
10641064 §§ 7–208, 7–505, AND 7–506 OF THIS ARTICLE AS THOSE PROVISIONS APPLY TO THE 4
10651065 ADMINISTRATION . 5
10661066
10671067 9–313. 6
10681068
10691069 (A) (1) ALL RENTALS, RATES, FARES, FEES, AND OTHER CHARGES AN D 7
10701070 REVENUES DERIVED FRO M ANY RAILROAD FACILITIES PROJECT S HALL BE SET 8
10711071 ASIDE IN A FUND KNOW N AS THE RAIL AUTHORITY FUND, EXCEPT TO THE EXTENT 9
10721072 THAT THEY ARE PLEDGE D UNDER AN APPLICABL E TRUST AGREEMENT TO SECURE 10
10731073 EITHER: 11
10741074
10751075 (I) REVENUE BONDS ISSUED UNDER THIS SUBTITLE IF THE 12
10761076 TRUST AGREEMENT OR B OND AUTHORIZING RESO LUTION EXPRESSLY PRO VIDES 13
10771077 THAT THIS SECTION DO ES NOT APPLY TO THOS E BONDS; OR 14
10781078
10791079 (II) REVENUE BONDS OF PRIO R ISSUES. 15
10801080
10811081 (2) THE RAIL AUTHORITY FUND SHALL BE PLEDGED TO AND 16
10821082 CHARGED WITH THE PAY MENT OF: 17
10831083
10841084 (I) THE INTEREST ON BONDS ISSUED UNDER THIS SU BTITLE AS 18
10851085 IT FALLS DUE; 19
10861086
10871087 (II) THE PRINCIPAL OF THE BONDS AS IT FALL S DUE; 20
10881088
10891089 (III) THE NECESSARY CHARGES OF PAYING AGENTS FOR PAYING 21
10901090 PRINCIPAL AND INTERE ST; AND 22
10911091
10921092 (IV) THE REDEMPTION PRICE OR PURCHASE PRICE OF BONDS 23
10931093 RETIRED BY CALL OR P URCHASE AS PROVIDED IN THE BOND AUTHORIZ ING 24
10941094 RESOLUTION OR TRUST AGREEMENT . 25
10951095
10961096 (B) (1) THE PLEDGE IS VALID A ND BINDING FROM THE TIME IT IS MADE. 26
10971097
10981098 (2) RENTALS, RATES, FARES, FEES, AND OTHER CHARGES AN D 27
10991099 REVENUES OR OTHER MO NEY SO PLEDGED AND L ATER RECEIVED BY THE RAIL 28
11001100 AUTHORITY IMMEDIATELY SHALL BE SUBJECT TO THE LIEN OF THE PLEDGE 29
11011101 WITHOUT PHYSICAL DEL IVERY OR ANY FURTHER ACT. 30
11021102
11031103 (3) THE LIEN OF THE PLEDG E IS VALID AND BINDI NG AS AGAINST ALL 31 HOUSE BILL 1324 25
11041104
11051105
11061106 PARTIES HAVING ANY C LAIMS OF ANY KIND IN TORT, CONTRACT, OR OTHERWISE 1
11071107 AGAINST THE RAIL AUTHORITY, WHETHER OR NOT THESE PARTIES HAVE NOTICE OF 2
11081108 THE PLEDGE. 3
11091109
11101110 (4) NOTWITHSTANDING ANY L AW TO THE CONTRARY , NEITHER THE 4
11111111 RESOLUTION NOR ANY T RUST AGREEMENT BY WH ICH A PLEDGE IS CREA TED NEED 5
11121112 BE FILED OR RECORDED OTHER THAN IN THE RE CORDS OF THE RAIL AUTHORITY. 6
11131113
11141114 (C) THE USE AND DISPOSITI ON OF MONEY TO THE C REDIT OF THE RAIL 7
11151115 AUTHORITY FUND IS SUBJECT TO TH E PROVISION OF THE A PPLICABLE BOND 8
11161116 AUTHORIZING RESOLUTI ON OR TRUST AGREEMEN T. 9
11171117
11181118 9–314. 10
11191119
11201120 WITHOUT IN ANY WAY LI MITING OR RESTRICTIN G ITS EFFECT OR 11
11211121 APPLICATION, THIS SUBTITLE IS INT ENDED TO AUTHORIZE T HE RAIL AUTHORITY 12
11221122 TO FINANCE ANY ONE O R MORE OR ANY COMBIN ATION OF RAILROAD FACILITIES 13
11231123 PROJECTS BY ANY ONE OR MORE OR COMBINATI ON OF ISSUES OR SER IES OF BONDS 14
11241124 SECURED BY THE PLEDG E OF THE NET OR GROS S OR ANY COMBINATION OF THE NET 15
11251125 OR GROSS RENTALS , RATES, FARES, FEES, AND OTHER CHARGES AN D REVENUES 16
11261126 DERIVED FROM ANY RAILROAD FACILITIES PROJECT O R COMBINATION OF 17
11271127 PROJECTS DESIGNATED BY ANY BOND AUTHORI ZING RESOLUTION OR T RUST 18
11281128 AGREEMENT SECURING T HE BONDS. 19
11291129
11301130 9–315. 20
11311131
11321132 ALL MONEY THAT IS REC EIVED BY THE RAIL AUTHORITY AS PROCEEDS FROM 21
11331133 THE SALE OF REVENUE BONDS, NOTES, OR OTHER EVIDENCES O F OBLIGATION 22
11341134 UNDER THIS SUBTITLE AND BY WAY OF RENTAL S, RATES, FARES, FEES, AND OTHER 23
11351135 CHARGES AND REVENUES DERIVED FROM ANY RAILROAD FACILITIES PROJECT O R 24
11361136 COMBINATION OF PROJE CTS AND THAT IS DESI GNATED BY ANY AUTHOR IZING 25
11371137 RESOLUTION OR TRUST AGREEMENT AS SECURIT Y FOR THE BONDS , NOTES, OR 26
11381138 OTHER EVIDENCES OF O BLIGATION SHALL BE DEEMED TO BE TRUST F UNDS TO BE 27
11391139 HELD AND APPLIED ONL Y AS PROVIDED IN THI S SUBTITLE. 28
11401140
11411141 9–316. 29
11421142
11431143 EXCEPT TO THE EXTENT RESTRICTED BY THE TR UST AGREEMENT , THE 30
11441144 TRUSTEE OR ANY HOLDE R OF REVENUE BONDS I SSUED UNDER THIS SUB TITLE OR 31
11451145 OF ANY OF THE COUPON S APPERTAINING TO THE BONDS MAY : 32
11461146
11471147 (1) BRING A SUIT , AN ACTION, A MANDAMUS , OR ANY OTHER 33
11481148 PROCEEDING AT LAW OR IN EQUITY TO PROTECT AND ENFORCE ANY RIGH T UNDER 34 26 HOUSE BILL 1324
11491149
11501150
11511151 THE LAWS OF TH E STATE OR UNDER THE BO ND AUTHORIZING RESOL UTION OR 1
11521152 TRUST AGREEMENT ; AND 2
11531153
11541154 (2) ENFORCE AND COMP EL THE PERFORMANCE O F ALL DUTIES 3
11551155 REQUIRED BY THIS SUB TITLE OR BY THE TRUS T AGREEMENT TO BE PE RFORMED BY 4
11561156 THE RAIL AUTHORITY OR BY ANY O F ITS OFFICERS , INCLUDING THE FIXING , 5
11571157 CHARGING, AND COLLECTING OF RE NTALS, RATES, FARES, FEES, AND OTHER 6
11581158 CHARGES AND REVEN UES. 7
11591159
11601160 9–317. 8
11611161
11621162 (A) ALL PUBLIC OFFICERS A ND PUBLIC AGENCIES O F THE STATE AND ITS 9
11631163 POLITICAL SUBDIVISIO NS, ALL BANKS, TRUST COMPANIES , SAVINGS AND LOAN 10
11641164 ASSOCIATIONS, INVESTMENT COMPANIES , AND OTHERS CARRYING ON A BANKING 11
11651165 BUSINESS, ALL INSURANCE COMPAN IES, INSURANCE ASSOCIATIO NS, AND OTHERS 12
11661166 CARRYING ON AN INSUR ANCE BUSINESS , ALL PERSONAL REPRESE NTATIVES, 13
11671167 GUARDIANS, TRUSTEES, AND OTHER FIDUCIARIE S, AND ALL OTHER PERSON S MAY 14
11681168 LEGALLY AND PROPERLY INVEST FUNDS, INCLUDING CAPITAL IN THEIR CONTROL 15
11691169 OR BELONGING TO THEM , IN REVENUE BONDS , NOTES, AND OTHER EVIDENCES OF 16
11701170 OBLIGATION ISS UED UNDER THIS SUBTI TLE. 17
11711171
11721172 (B) THESE BONDS , NOTES, AND OTHER EVIDENCES OF OBLIGATION MAY 18
11731173 LEGALLY AND PROPERLY BE DEPOSITED WITH AN D RECEIVED BY ANY STATE OR 19
11741174 MUNICIPAL OFFICER OR ANY AGENCY OR POLITI CAL SUBDIVISION OF T HE STATE 20
11751175 FOR ANY PURPOSE FOR WHICH THE DEPOSIT OF BONDS O R OTHER OBLIGATIONS OF 21
11761176 THE STATE IS AUTHORIZED B Y LAW. 22
11771177
11781178 9–318. 23
11791179
11801180 THE REVENUE BONDS , NOTES, AND OTHER EVIDENCES OF OBLIGATION 24
11811181 ISSUED UNDER THIS SU BTITLE, THEIR TRANSFER , THE INTEREST PAYABLE ON 25
11821182 THEM, AND ANY INCOME DERIV ED FROM THEM , INCLUDING ANY PROFIT REALIZED 26
11831183 IN THEIR SALE OR EXC HANGE, SHALL BE EXEMPT AT A LL TIMES FROM EVERY KIND 27
11841184 AND NATURE OF TAXATI ON BY TH E STATE OR BY ANY OF IT S POLITICAL 28
11851185 SUBDIVISIONS, OR PUBLIC AGENCIES O F ANY KIND. 29
11861186
11871187 9–319. 30
11881188
11891189 (A) THE REVENUE BONDS , NOTES, AND OTHER EVIDENCES OF OB LIGATION 31
11901190 ISSUED UNDER THIS SU BTITLE ARE NOT AND M AY NOT BE CONSIDERED TO 32
11911191 CONSTITUTE A DEBT OR A PLEDGE OF THE FAIT H AND CREDIT OF THE STATE OF 33
11921192 MARYLAND, BUT SHALL BE PAYABLE ONLY FROM THE FUNDS FROM OR REVENUES 34
11931193 PROVIDED BY THIS SUB TITLE FOR THAT PURPOSE . 35 HOUSE BILL 1324 27
11941194
11951195
11961196
11971197 (B) ALL REVENUE BONDS , NOTES, AND OTHER EVIDENCES OF OBLIGATION 1
11981198 ISSUED UNDER THIS SU BTITLE SHALL CONTAIN A STATEMENT ON THEIR FACE TO 2
11991199 THE EFFECT THAT : 3
12001200
12011201 (1) THE STATE IS NOT OBLIGATE D TO PAY THE PRINCIP AL OF OR THE 4
12021202 INTEREST ON THEM EX CEPT FROM REVENUES ; AND 5
12031203
12041204 (2) NEITHER THE FAITH AND CREDIT NOR THE TAXIN G POWER OF 6
12051205 THE STATE IS PLEDGED TO T HE PAYMENT OF THE PR INCIPAL OF OR THE IN TEREST 7
12061206 ON THEM. 8
12071207
12081208 9–320. 9
12091209
12101210 IF THE RAIL AUTHORITY INTENDS TO PLEDGE ANY FUTURE FE DERAL AID 10
12111211 FROM ANY SOURCE TO SUPPORT REPAYMENT OF ANY DEBT INSTRUMENT ISSUED 11
12121212 UNDER THIS SUBTITLE : 12
12131213
12141214 (1) THE AGGREGATE PRINCIP AL AMOUNT OF DEBT IS SUED UNDER 13
12151215 THIS SUBTITLE OR TITLE 3, SUBTITLE 6 OF THIS ARTICLE THAT IS SECURED BY A 14
12161216 PLEDGE OF FUTURE FED ERAL AID MAY NOT EXC EED $750,000,000; 15
12171217
12181218 (2) THE DATE OF MATURITY MAY NOT BE LATER THA N 12 YEARS 16
12191219 AFTER THE DATE OF IS SUE; 17
12201220
12211221 (3) NOTWITHSTANDING § 3–215(D) OF THIS ARTICLE , IF FUTURE 18
12221222 FEDERAL AID IS INSUF FICIENT TO PAY THE P RINCIPAL OF AND INTE REST ON THE 19
12231223 BONDS ISSUED UNDER T HIS SUBTITLE W HEN DUE, THE TAX LEVIED UNDER § 3–215 20
12241224 OF THIS ARTICLE , TO THE EXTENT THE PR OCEEDS OF SUCH TAX A RE NOT 21
12251225 NECESSARY TO PROVIDE THE SINKING FUND REQ UIRED UNDER § 3–215(C) OF THIS 22
12261226 ARTICLE, IS IRREVOCABLY PLEDG ED TO THE PAYMENT OF THE PRINCIPAL OF AND 23
12271227 INTEREST ON THE BONDS ISSUED UND ER THIS SUBTITLE AS THEY BECOME DUE AND 24
12281228 PAYABLE; 25
12291229
12301230 (4) THE LIEN OF THE PLEDG E UNDER ITEM (3) OF THIS SECTION 26
12311231 SHALL AT ALL TIMES B E SUBORDINATE TO THE LIEN OF THE PLEDGE O F SUCH TAX 27
12321232 UNDER § 3–215(D) OF THIS ARTICLE TO T HE PAYMENT OF PR INCIPAL OF AND 28
12331233 INTEREST ON CONSOLID ATED TRANSPORTATION BONDS; AND 29
12341234
12351235 (5) NO PART OF THE TAX LE VIED UNDER § 3–215 OF THIS ARTICLE 30
12361236 MAY BE REPEALED , DIMINISHED, OR APPLIED TO ANY OT HER PURPOSE UNTIL : 31
12371237
12381238 (I) THE BONDS ISSUED UNDE R THIS SUBTITLE AND INTEREST 32 28 HOUSE BILL 1324
12391239
12401240
12411241 ON THEM HAVE BECOME D UE AND FULLY PAID ; OR 1
12421242
12431243 (II) ADEQUATE AND COMPLETE PROVISION FOR PAYMEN T OF 2
12441244 THE PRINCIPAL AND IN TEREST HAS BEEN MADE . 3
12451245
12461246 9–321. 4
12471247
12481248 (A) THE RAIL AUTHORITY MAY ISSUE B OND ANTICIPATION NOT ES SECURED 5
12491249 BY A PLEDGE OF A LIN E OF CREDIT EXTENDED TO THE STATE UNDER THE FEDER AL 6
12501250 TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT. 7
12511251
12521252 (B) NOTES ISSUED UNDER TH IS SECTION SHALL HAV E A MATURITY DATE OF 8
12531253 UP TO 3 YEARS AFTER THE DATE OF ISSUE. 9
12541254
12551255 (C) A PLEDGE OF A LINE OF CREDIT AS AUTHORIZED UNDER THIS SECTION 10
12561256 DOES NOT CONSTITUTE THE PLEDGE OF FUTURE FEDERAL REVENUES , AND NOTES 11
12571257 ISSUED UNDER THIS SE CTION ARE NOT SUBJEC T TO § 3–601(D) OF THIS ARTICLE OR 12
12581258 § 9–320 OF THIS SUBTITLE . 13
12591259
12601260 SUBTITLE 4. MISCELLANEOUS PROVISIONS. 14
12611261
12621262 9–401. 15
12631263
12641264 IF THE RAIL AUTHORITY CONSIDE RS IT NECESSARY OR D ESIRABLE TO 16
12651265 ENSURE THE PROPER OPERATION AND MAINTENANCE OF A NY RAILROAD FACILITIES 17
12661266 PROJECT, IT MAY DESIGNATE , ESTABLISH, LIMIT, AND CONTROL THE ENTR ANCES 18
12671267 AND EXITS OF THE PRO JECT AND MAY PROHIBI T ENTRANCE OR EXIT F ROM ANY 19
12681268 UNDESIGNATED P OINT. 20
12691269
12701270 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 21
12711271 1, 2022. 22