Maryland 2022 Regular Session

Maryland House Bill HB438 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4		[Brackets] indicate matter deleted from existing law.
5		-	Underlining indicates amendments to bill.
6		-	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7		-	amendment.
8	5		hb0438
9	6
10	7		HOUSE BILL 438
11	8		R2, B1, B5 2lr0566
12		-	CF ~~SB 463~~
	9	+	CF 2lr1405
13	10		By: Delegate Korman
14	11		Introduced and read first time: January 20, 2022
15	12		Assigned to: Appropriations
16		-	Committee Report: Favorable with amendments
17		-	House action: Adopted
18		-	Read second time: March 8, 2022
19	13
20		-	~~CHAPTER ______~~
	14	+	A BILL ENTITLED
21	15
22	16		AN ACT concerning 1
23	17
24	18		Washington Metropolitan Area Transit Authority – Funding Formulas – 2
25	19		Alteration 3
26	20		(WMATA Dedicated Funding Amendment Act of 2022 ) 4
27	21
28	22		FOR the purpose of altering the amount of a certain appropriation the Governor is required 5
29	23		to make for the Washington Suburban Transit District; repealing a requirement that 6
30	24		a certain mandated appropriation be increased by a certain percentage each year; 7
31	25		requiring, subject to a certain contingency, that a certain mandated appropriation 8
32	26		be increased by a certain percentage each year; and generally relating to funding for 9
33	27		the Washington Metropolitan Area Transit Authority. 10
34	28
35	29		BY repealing and reenacting, with amendments, 11
36	30		Article – Transportation 12
37	31		Section 10–205(f) and (g) 13
38	32		Annotated Code of Maryland 14
39	33		(2020 Replacement Volume and 2021 Supplement) 15
40	34
41	35		SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
42	36		That the Laws of Maryland read as follows: 17
43	37
44	38		Article – Transportation 18
45	39
46	40		10–205. 19
	41	+
	42	+	(f) (1) Except as provided in paragraph (2) of this subsection, the Governor 20
	43	+	shall include an appropriation in the annual budget of at least the amount specified in 21
	44	+	paragraph (4) of this subsection for the sole purpose of providing grants to the Washington 22
	45	+	Suburban Transit District to pay the capital costs of the Washington Metropolitan Area 23
	46	+	Transit Authority. 24
47	47		2 HOUSE BILL 438
48	48
49	49
50		-	(f) (1) Except as provided in paragraph (2) of this subsection, the Governor 1
51		-	shall include an appropriation in the annual budget of at least the amount specified in 2
52		-	paragraph (4) of this subsection for the sole purpose of providing grants to the Washington 3
53		-	Suburban Transit District to pay the capital costs of the Washington Metropolitan Area 4
54		-	Transit Authority. 5
	50	+	(2) (i) The Governor is not required to make the appropriation under 1
	51	+	paragraph (1) of this subsection in a fiscal year unless the Department certifies to the 2
	52	+	Governor in writing before the beginning of the immediately preceding fiscal year that the 3
	53	+	Washington Metropolitan Area Transit Authority has submitted to the Department: 4
55	54
56		-	(2) (i) The Governor is not required to make the appropriation under 6
57		-	paragraph (1) of this subsection in a fiscal year unless the Department certifies to the 7
58		-	Governor in writing before the beginning of the immediately preceding fiscal year that the 8
59		-	Washington Metropolitan Area Transit Authority has submitted to the Department: 9
	55	+	1. Performance and condition assessments and reports 5
	56	+	regarding: 6
60	57
61		-	1. ~~Performance~~ and ~~condition assessments~~ and ~~reports 10~~
62		-	~~regarding: 11~~
	58	+	A. The safety and reliability of rapid heavy rail and bus 7
	59	+	systems; 8
63	60
64		-	A. The safety and reliability of rapid heavy rail and bus 12
65		-	systems; 13
	61	+	B. The financial performance of the Washington 9
	62	+	Metropolitan Area Transit Authority as it relates to rail and bus operations, including fare 10
	63	+	box recovery, service per rider, and cost per service hour; 11
66	64
67		-	B. The financial performance of the Washington 14
68		-	Metropolitan Area Transit Authority as it relates to rail and bus operations, including fare 15
69		-	box recovery, service per rider, and cost per service hour; 16
	65	+	C. The monthly ridership of rail and bus systems broken 12
	66	+	down by Metrorail station, Metrorail line, bus route, and bus line; 13
70	67
71		-	C. The ~~monthly ridership of rail and bus systems broken 17~~
72		-	~~down by Metrorail station,~~ ~~Metrorail line, bus route,~~ and ~~bus line; 18~~
	68	+	D. Strategies to reduce costs and improve the Washington 14
	69	+	Metropolitan Area Transit Authority’s operational efficiency; and 15
73	70
74		-	D. ~~Strategies to reduce costs~~ and ~~improve the Washington 19~~
75		-	~~Metropolitan Area Transit Authority’s operational efficiency~~; and 20
	71	+	E. The comparison of annual capital investments and 16
	72	+	approved budgets; and 17
76	73
77		-	E. The comparison of annual capital investments and 21
78		-	approved budgets; and 22
	74	+	2. The Washington Metropolitan Area Transit Authority’s: 18
79	75
80		-	2. ~~The Washington Metropolitan Area Transit Authority’s: 23~~
	76	+	A. Annual budget; 19
81	77
82		-	A. Annual ~~budget~~; 24
	78	+	B. Annual independent financial audit; 20
83	79
84		-	B. Annual ~~independent financial audit~~; 25
	80	+	C. Annual National Transit Database profile; and 21
85	81
86		-	C. Annual National Transit Database profile; and 26
	82	+	D. Single audit reports issued in accordance with the 22
	83	+	Uniform Administrative Requirements, Cost Principles, and Audit Requirements for 23
	84	+	Federal Awards under 2 C.F.R. Part 200. 24
87	85
88		-	D. Single audit reports issued in accordance with the 27
89		-	Uniform Administrative Requirements, Cost Principles, and Audit Requirements for 28
90		-	Federal Awards under 2 C.F.R. Part 200. 29
	86	+	(ii) If the Commonwealth of Virginia or the District of Columbia 25
	87	+	reduce the amount of dedicated capital funding for the Washington Metropolitan Area 26
	88	+	Transit Authority, the Governor may reduce the appropriation under paragraph (1) of this 27
	89	+	subsection by a proportional amount. 28
91	90
92		-	(ii) If the ~~Commonwealth~~ of ~~Virginia or~~ the ~~District of Columbia 30~~
93		-	~~reduce the amount~~ of ~~dedicated capital funding for the Washington Metropolitan Area 31~~
94		-	~~Transit Authority, the Governor may reduce the appropriation under paragraph (1) of this 32~~
95		-	~~subsection by~~ a ~~proportional amount~~. 33
96		-	HOUSE BILL 438 3
	91	+	(iii) 1. The Governor shall withhold 35% of the appropriation 29
	92	+	under paragraph (1) of this subsection if: 30
	93	+
	94	+	A. The Washington Metropolitan Area Transit Authority has 31
	95	+	received a modified audit opinion as a result of an annual independent audit conducted in 32 HOUSE BILL 438 3
97	96
98	97
99		-	~~(iii) 1.~~ ~~The Governor shall withhold 35%~~ of the ~~appropriation~~ 1
100		-	under ~~paragraph (1)~~ of this ~~subsection if:~~ 2
	98	+	accordance with Article XVI, Section 70 of the Washington Metropolitan Area Transit 1
	99	+	Authority Compact under § 10–204 of this subtitle; and 2
101	100
102		-	A. The Washington Metropolitan Area Transit Authority has 3
103		-	received a modified audit opinion as a result of an annual independent audit conducted in 4
104		-	accordance with Article XVI, Section 70 of the Washington Metropolitan Area Transit 5
105		-	Authority Compact under § 10–204 of this subtitle; and 6
	101	+	B. The Department has not certified to the Governor in 3
	102	+	writing before the beginning of the immediately preceding fiscal year that the Washington 4
	103	+	Metropolitan Area Transit Authority has submitted in writing to the board of directors of 5
	104	+	the Washington Metropolitan Area Transit Authority and the Maryland General Assembly 6
	105	+	a satisfactory corrective plan that addresses the reasons for the modified audit opinion. 7
106	106
107		-	B. The Department has not certified to the Governor in 7
108		-	writing before the beginning of the immediately preceding fiscal year that the Washington 8
109		-	Metropolitan Area Transit Authority has submitted in writing to the board of directors of 9
110		-	the Washington Metropolitan Area Transit Authority and the Maryland General Assembly 10
111		-	a satisfactory corrective plan that addresses the reasons for the modified audit opinion. 11
	107	+	2. The Governor shall release the p ortion of the 8
	108	+	appropriation withheld under subsubparagraph 1 of this subparagraph if the Washington 9
	109	+	Metropolitan Area Transit Authority submits in writing to the board of directors of the 10
	110	+	Washington Metropolitan Area Transit Authority and, in accordance with § 2–1257 of the 11
	111	+	State Government Article, the Maryland General Assembly a satisfactory corrective action 12
	112	+	plan that addresses the reasons for the modified audit opinion. 13
112	113
113		-	2. The Governor shall release the portion of the 12
114		-	appropriation withheld under subsubparagraph 1 of this subparagraph if the Washington 13
115		-	Metropolitan Area Transit Authority submits in writing to the board of directors of the 14
116		-	Washington Metropolitan Area Transit Authority and, in accordance with § 2–1257 of the 15
117		-	State Government Article, the Maryland General Assembly a satisfactory corrective action 16
118		-	plan that addresses the reasons for the modified audit opinion. 17
	114	+	(3) The Governor shall make the appropriation under paragraph (1) of this 14
	115	+	subsection from the Transportation Trust Fund. 15
119	116
120		-	(3) The Governor shall make the appropriation under paragraph (1) of this 18
121		-	subsection from the Transportation Trust Fund. 19
	117	+	(4) [(i) For the first fiscal year in which the mandated appropriation 16
	118	+	under this subsection applies, the] THE appropriation under paragraph (1) of this 17
	119	+	subsection shall equal at least the amount appropriated in the fiscal year [2019] 2022 State 18
	120	+	budget as enacted for the Washington Suburban Transit District to pay the capital costs of 19
	121	+	the Washington Metropolitan Area Transit Authority. 20
122	122
123		-	(4) [(i) For the first fiscal year in which the mandated appropriation 20
124		-	under this subsection applies, the] THE appropriation under paragraph (1) of this 21
125		-	subsection shall equal at least the amount appropriated in the fiscal year [2019] 2022 22
126		-	2026 State budget as enacted for the Washington Suburban Transit District to pay the 23
127		-	capital costs of the Washington Metropolitan Area Transit Authority. 24
	123	+	[(ii) For each fiscal year after the first fiscal year in which the 21
	124	+	mandated appropriation under this subsection applies, the appropriation under paragraph 22
	125	+	(1) of this subsection shall be equal to the amount of the appropriation for the preceding 23
	126	+	fiscal year increased by 3%.] 24
128	127
129		-	[(ii) For each fiscal year after the first fiscal year in which the 25
130		-	mandated appropriation under this subsection applies, the appropriation under paragraph 26
131		-	(1) of this subsection shall be equal to the amount of the appropriation for the preceding 27
132		-	fiscal year increased by 3%.] 28
	128	+	SECTION 2. AND BE IT FURTHER ENACTED, That the Laws o f Maryland read 25
	129	+	as follows: 26
133	130
134		-	SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 29
135		-	as follows: 30
	131	+	Article – Transportation 27
136	132
137		-	~~Article – Transportation 31~~
	133	+	10–205. 28
138	134
139		-	10–205. 32
	135	+	(g) (1) (I) [The] FOR FISCAL YEAR 2024, THE Governor shall include in 29
	136	+	the State budget an appropriation for the purposes specified under paragraph (2) of this 30
	137	+	subsection of $167,000,000 from the revenues available for the State capital program in the 31
	138	+	Transportation Trust Fund. 32
140	139
141		-	(g) (1) (I) [The] FOR FISCAL YEAR 2024 2027, THE Governor shall 33
142		-	include in the State budget an appropriation for the purposes specified under paragraph 34
143		-	(2) of this subsection of $167,000,000 from the revenues available for the State capital 35
144		-	program in the Transportation Trust Fund. 36 4 HOUSE BILL 438
	140	+	(II) FOR FISCAL Y EAR 2025 AND EACH FISCAL YEAR 33
	141	+	THEREAFTER , THE GOVERNOR SHALL INCLUDE IN THE STATE BUDGET AN 34
	142	+	APPROPRIATION FOR THE PURPOSES SPE CIFIED UNDER PARAGRA PH (2) OF THIS 35 4 HOUSE BILL 438
145	143
146	144
	145	+	SUBSECTION EQUAL TO THE AMOUNT OF THE APPROPRIATION FOR THE PRECEDING 1
	146	+	FISCAL YEAR INCREASE D BY 3%. 2
147	147
148		-	(II) FOR FISCAL Y EAR 2025 2028 AND EACH FISCAL YEAR 1
149		-	THEREAFTER , THE GOVERNOR SHALL INCLUD E IN THE STATE BUDGET AN 2
150		-	APPROPRIATION FOR TH E PURPOSES SPECIFIED UNDER PARAGRAPH (2) OF THIS 3
151		-	SUBSECTION EQUAL TO THE AMOUNT OF THE AP PROPRIATION FOR THE PRECEDING 4
152		-	FISCAL YEAR INCREASE D BY 3%. 5
	148	+	(2) The Department shall provide an annual grant [of at least 3
	149	+	$167,000,000] EQUAL TO THE APPROPR IATION REQUIRED UNDE R PARAGRAPH (1) OF 4
	150	+	THIS SUBSECTION to the Washington Suburban Transit District to be used only to pay the 5
	151	+	capital costs of the Washington Metropolitan Area Transit Authority. 6
153	152
154		-	(2) The Department shall provide an annual grant [of at least 6
155		-	$167,000,000] EQUAL TO THE APPROPR IATION REQUIRED UNDE R PARAGRAPH (1) OF 7
156		-	THIS SUBSECTION to the Washington Suburban Transit District to be used only to pay the 8
157		-	capital costs of the Washington Metropolitan Area Transit Authority. 9
	153	+	(3) The grant required under paragraph (2) of this subsection is in addition 7
	154	+	to the appropriation required under subsection (f)(1) of this section. 8
158	155
159		-	(3) The grant required under paragraph (2) of this subsection is in addition 10
160		-	to the appropriation required under subsection (f)(1) of this section. 11
	156	+	SECTION 3. AND BE IT FURTHER ENACTED, That : 9
161	157
162		-	SECTION 3. AND BE IT FURTHER ENACTED, That: 12
	158	+	(a) Section 2 of this Act may not take effect until similar Acts are passed by the 10
	159	+	Commonwealth of Virginia and the District of Columbia. 11
163	160
164		-	(a) ~~Section 2~~ of ~~this Act may not take effect until similar Acts~~ are ~~passed by the 13~~
165		-	~~Commonwealth~~ of ~~Virginia and~~ the ~~District~~ of ~~Columbia~~. 14
	161	+	(b) The Commonwealth of Virginia and the District of Columbia are requested to 12
	162	+	concur in this Act of the General Assembly by the passage of substantially similar Acts. 13
166	163
167		-	(b) The Commonwealth of Virginia and the District of Columbia are requested to 15
168		-	concur in this Act of the General Assembly by the passage of substantially similar Acts. 16
	164	+	(c) The Department of Legislative Services shall notify the appropriate officials 14
	165	+	of the Commonwealth of Virginia, the District of Columbia, and the United States Congress 15
	166	+	of the passage of this Act. 16
169	167
170		-	(c) The Department of Legislative Services shall notify the appropriate officials 17
171		-	of the Commonwealth of Virginia, the District of Columbia, and the United States Congress 18
172		-	of the passage of this Act. 19
	168	+	(d) On concurrence in this Act by the Commonwealth of Virginia, the District of 17
	169	+	Columbia, and the United States Congress, the Governor of the State of Maryland shall 18
	170	+	issue a proclamation declaring Section 2 of this Act valid and effective and shall forward a 19
	171	+	copy of the proclamation to the Executive Director of the Department of Legislative 20
	172	+	Services. 21
173	173
174		-	(d) On concurrence in this Act by the Commonwealth of Virginia, the District of 20
175		-	Columbia, and the United States Congress, the Governor of the State of Maryland shall 21
176		-	issue a proclamation declaring Section 2 of this Act valid and effective and shall forward a 22
177		-	copy of the proclamation to the Executive Director of the Department of Legislative 23
178		-	Services. 24
179		-
180		-	SECTION 4. AND BE IT FURTHER ENACTED, That, subject to Section 3 of this 25
181		-	Act, this Act shall take effect June 1, 2022. 26
182		-
	174	+	SECTION 4. AND BE IT FURTHER ENACTED, That , subject to Section 3 of this 22
	175	+	Act, this Act shall take effect June 1, 2022. 23