EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0400*
SENATE BILL 400
R1 2lr0139
CF HB 410
By: The President (By Request – Administration) and Senators Bailey, Carozza,
Cassilly, Corderman, Eckardt, Edwards, Gallion, Hershey, Jennings,
Ready, Salling, Simonaire, and West
Introduced and read first time: January 24, 2022
Assigned to: Budget and Taxation
A BILL ENTITLED
AN ACT concerning 1
Transportation – Highway User Revenue – Distribution 2
FOR the purpose of altering, beginning in a certain fiscal year, the amounts of certain 3
capital grants calculated based on highway user revenues that are required to be 4
appropriated to Baltimore City, counties, and municipalities; and generally relating 5
to the distribution of highway user revenues. 6
BY repealing and reenacting, without amendments, 7
Article – Transportation 8
Section 8–401(a) 9
Annotated Code of Maryland 10
(2020 Replacement Volume and 2021 Supplement) 11
BY repealing and reenacting, with amendments, 12
Article – Transportation 13
Section 8–401(d), 8–403, and 8–412 14
Annotated Code of Maryland 15
(2020 Replacement Volume and 2021 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Transportation 19
8–401. 20
(a) In this subtitle the following words have the meanings indicated. 21
2 SENATE BILL 400
(d) “Highway user revenues” means the capital grants appropriated to Baltimore 1
City, counties, and municipalities under [§ 8–403(b)] § 8–403 of this subtitle. 2
8–403. 3
(a) [Subject to §§ 3–307 and 3–308 of this article, for fiscal year 2019, from the 4
total highway user revenues: 5
(1) An amount equal to 7.7% of total highway user revenues shall be 6
distributed to Baltimore City in monthly installments; 7
(2) An amount shall be distributed to the counties at the times specified in 8
§ 8–407 of this subtitle, to be allocated as provided in § 8–404 of this subtitle, equal to 1.5% 9
of total highway user revenues; and 10
(3) An amount shall be distributed to the municipalities at the times 11
specified in § 8–407 of this subtitle, to be allocated as provided in § 8–405 of this subtitle, 12
equal to 0.4% of the total highway user revenues. 13
(b) (1)] Subject to [paragraph (3) of this subsection] SUBSECTION (B) OF THIS 14
SECTION, for fiscal [years] YEAR 2020 [through 2024] AND EACH FISCAL YEAR 15
THEREAFTER , capital grants shall be appropriated from the Transportation Trust Fund 16
as provided in § 3–216 of this article based on the following calculations: 17
[(i)] (1) An amount equal to 8.3% of funds credited to the Gasoline 18
and Motor Vehicle Revenue Account shall be appropriated to Baltimore City; 19
[(ii)] (2) An amount equal to 3.2% of funds credited to the Gasoline 20
and Motor Vehicle Revenue Account shall be appropriated to the counties to be distributed 21
as provided in § 8–404 of this subtitle; and 22
[(iii)] (3) An amount equal to 2.0% of funds credited to the Gasoline 23
and Motor Vehicle Revenue Account shall be appropriated to the municipalities to be 24
distributed as provided in § 8–405 of this subtitle. 25
[(2) Subject to paragraph (3) of this subsection, for fiscal year 2025 and each 26
fiscal year thereafter, capital grants shall be appropriated from the Transportation Trust 27
Fund as provided in § 3–216 of this article based on the following calculations: 28
(i) An amount equal to 7.7% of funds credited to the Gasoline and 29
Motor Vehicle Revenue Account shall be appropriated to Baltimore City; 30
(ii) An amount equal to 1.5% of funds credited to the Gasoline and 31
Motor Vehicle Revenue Account shall be appropriated to the counties to be distributed as 32
provided in § 8–404 of this subtitle; and 33
SENATE BILL 400 3
(iii) An amount equal to 0.4% of funds credited to the Gasoline and 1
Motor Vehicle Revenue Account shall be appropriated to the municipalities to be 2
distributed as provided in § 8–405 of this subtitle.] 3
[(3)] (B) The capital grants made under this subtitle shall be appropriated 4
only if all debt service requirements and departmental operating expenses have been 5
funded and sufficient funds are available to fund the capital program. 6
8–412. 7
(a) (1) On or before January 1 of each year, Baltimore City, each county, and 8
each eligible municipality that received highway user revenues in the preceding fiscal year 9
shall submit to the Administration an accounting report that: 10
(i) Shows the actual costs of the preceding fiscal year; 11
(ii) Shows the expenditure budget of the current fiscal year; 12
(iii) As to items (i) and (ii) of this paragraph, accurately identifies the 13
costs for specific projects authorized in § 8–408 or § 8–409 of this subtitle; 14
(iv) Shows the amount of funds diverted from the general fund of the 15
county or municipality to pay for specific projects authorized in § 8–408 or § 8–409 of this 16
subtitle during the preceding fiscal year; and 17
(v) Lists specific projects authorized in § 8–408 or § 8–409 of this 18
subtitle that have been delayed due to a lack of funding. 19
(2) ON OR BEFORE JULY 1 EACH YEAR, BALTIMORE CITY, EACH 20
COUNTY, AND EACH ELIGIBLE MU NICIPALITY THAT RECE IVED HIGHWAY USER 21
REVENUES IN THE PREC EDING FISCAL YEAR SH ALL SUBMIT TO THE 22
ADMINISTRATION AN ACCOU NTING REPORT THAT , TO THE EXTENT PRACTI CABLE: 23
(I) SHOWS THE ACTUAL COSTS FOR THE FIRST 6 MONTHS OF 24
THE PRECEDING FISCAL YEAR; 25
(II) SHOWS THE EXPENDITURE BUDG ET OF THE CURRENT 26
FISCAL YEAR; 27
(III) AS TO ITEMS (I) AND (II) OF THIS PARAGRAPH , ACCURATELY 28
IDENTIFIES THE COSTS FOR SPECIFIC PROJECT S AUTHORIZED IN § 8–408 OR § 29
8–409 OF THIS SUBTITLE ; 30
(IV) SHOWS THE AMOUNT OF FUNDS DIVERTED FROM THE 31
GENERAL FUND OF THE COUNTY OR MUNICIPALI TY TO PAY FOR SPECIF IC PROJECTS 32 4 SENATE BILL 400
AUTHORIZED IN § 8–408 OR § 8–409 OF THIS SUBTITLE DUR ING THE FIRST 6 MONTHS 1
OF THE PRECEDING FIS CAL YEAR; AND 2
(V) LISTS SPECIFIC PROJECTS AU THORIZED IN § 8–408 OR § 3
8–409 OF THIS SUBTITLE THA T HAVE BEEN DELAYED DUE TO A LACK OF FUN DING. 4
[(2)] (3) On or before December 1 of each year, the Administration shall 5
provide Baltimore City, each county, and each eligible municipality with an electronic copy 6
of an accounting report form to be used to submit the information reported under 7
[paragraph (1)] PARAGRAPHS (1) AND (2) of this subsection. 8
(b) The Administration shall compile, summarize, and analyze the information 9
reported by Baltimore City and each county and municipality under subsection (a)(1) AND 10
(2) of this section in a single report that the Administration shall submit, on or before 11
February 1 of each year, to the Governor and, in accordance with § 2–1257 of the State 12
Government Article, the Senate Budget and Taxation Committee, the House 13
Appropriations Committee, the House Environment and Transportation Committee, and 14
the House Ways and Means Committee. 15
(c) The Administration may not make a disbursement of highway user revenues 16
under § 8–407 of this subtitle to any jurisdiction that has not submitted a report to the 17
Administration as required under subsection (a)(1) AND (2) of this section. 18
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 19
1, 2022. 20