EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0204*
HOUSE BILL 204
R2 3lr0950
CF SB 162
By: Delegates Hill, Bagnall, Chang, Feldmark, Grossman, Guzzone, Lehman, Ruth,
Terrasa, and Ziegler
Introduced and read first time: January 20, 2023
Assigned to: Appropriations
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 26, 2023
CHAPTER ______
AN ACT concerning 1
Maryland Aviation Commission – Duties, Composition, and Member Orientation 2
FOR the purpose of requiring the Maryland Aviation Commission to establish policies to 3
best mitigate in a certain manner actual and potential negative impacts of the local 4
aviation and airport industries; requiring the Commission to consider information 5
and advice from certain additional stakeholders when carrying out Commission 6
duties; requiring that certain members of the Commission appointed by the 7
Governor are to be selected from a list of candidates designated by a resolution of the 8
DC Metroplex BWI Community Roundtable recommended by certain county Senate 9
delegations; requiring members of the Commission to receive an orientation on 10
certain duties of the Commission; requiring the Commission to follow certain 11
procedures related to meetings of the Commission; and generally relating to the 12
Maryland Aviation Commission. 13
BY repealing and reenacting, with amendments, 14
Article – Transportation 15
Section 5–201 and 5–201.2 16
Annotated Code of Maryland 17
(2020 Replacement Volume and 2022 Supplement) 18
BY repealing and reenacting, with amendments, 19
Article – General Provisions 20
Section 3–307 21
Annotated Code of Maryland 22 2 HOUSE BILL 204
(2019 Replacement Volume and 2022 Supplement) 1
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
That the Laws of Maryland read as follows: 3
Article – Transportation 4
5–201. 5
(a) There is a Maryland Aviation Commission. 6
(b) The Commission shall: 7
(1) Establish policies directed toward the Maryland Aviation 8
Administration’s ability to [improve]: 9
(I) IMPROVE and promote the role of the Baltimore–Washington 10
International Thurgood Marshall Airport as an airport of service to the 11
Washington–Baltimore metropolitan area; AND 12
(II) BEST MITIGATE ACTUAL AND POTENTIAL NEGATI VE 13
IMPACTS OF THE LOCAL AVIATION AND AIRPORT INDUSTRIES , AS INFORMED BY THE 14
ACCEPTED SCIENTIFIC RESEARCH ON CREATING AND MAINTAINING HEAL THY AND 15
LIVABLE COMMUNITIES ; 16
(2) Approve regulations for the operation of the State–owned airports prior 17
to their adoption by the Executive Director; 18
(3) Direct the Administration in developing and implementing airport 19
management policy for all State–owned airports; 20
(4) Approve major capital projects, as defined in § 2–103.1(a)(4) of this 21
article, at any State–owned airport prior to the submission of those projects to the Governor 22
and General Assembly for approval; 23
(5) Exercise those powers granted to the Commission by this title or by any 24
other provision of law; and 25
(6) In carrying out the provisions of this subtitle, consider: 26
(I) CONSIDER information and advice from [the]: 27
(I) 1. THE air carrier industry[, the]; 28
(II) 2. THE airport concessionaire industry[, the]; 29
HOUSE BILL 204 3
(III) 3. THE airline support services industry[, and citizen]; 1
(IV) 4. CITIZEN advisory groups; 2
(V) 5. AIRPORT EMPLOYEES OR THEIR REPRESENTATIVE S; 3
(VI) 6. LOCAL GOVERNMENT ; 4
(VII) 7. CITIZENS FROM COMMUNI TIES NEAR AIRPORTS ; AND 5
(VIII) 8. OTHER MARYLAND COMMUNITIES THAT HAVE, OR 6
ARE PREDICTED TO HAV E, POTENTIALLY ADVERSE HEALTH OR LIVABILITY 7
COMMUNITY IMPACTS FROM AIRPORT INFRASTRUCTURE AND E CONOMIC GROWTH 8
DECISIONS; AND 9
(II) CONSIDER THE AVIATION , ECONOMIC, BUSINESS, 10
ENVIRONMENTAL , HEALTH, AND COMMUNITY –RELATED IMPACTS OR A NY OTHER 11
IMPACTS THE COMMISSION FINDS RELE VANT TO THE DECISION S OF THE 12
COMMISSION OR THE ADMINISTRATION . 13
(c) (1) The Commission shall consist of nine 13 voting members: 14
(i) Eight 12 appointed by the Governor with the advice and consent 15
of the Senate, FOUR OF WHOM SHALL B E FROM A LIST OF PRO POSED CANDIDATES 16
DESIGNATED BY A RESOLUTION O F THE DC METROPLEX BWI COMMUNITY 17
ROUNDTABLE , OR ITS SUCCESSOR ORG ANIZATION; 18
1. TWO OF WHOM SHALL BE RECOMMENDED BY THE 19
ANNE ARUNDEL COUNTY SENATE DELEGATION; AND 20
2. TWO OF WHOM SHALL BE RECOMMENDED BY THE 21
HOWARD COUNTY SENATE DELEGATION; and 22
(ii) The Secretary of Transportation, who shall be the Chairman of 23
the Commission. 24
(2) The Secretary of Commerce shall serve as a nonvoting ex officio 25
Commission member. 26
(d) (1) Subject to the provisions of paragraph (3) of this subsection, the 27
Governor may not appoint to the Commission: 28
(i) An officer or employee of the State, except as provided in 29
subsection (c) of this section; 30
4 HOUSE BILL 204
(ii) A representative of any entity whose principal activities are 1
related to the operation of State–owned airports; 2
(iii) A person employed by any entity whose principal activities are 3
related to the operation of State–owned airports; or 4
(iv) A member of the General Assembly. 5
(2) In appointing the eight 12 members of the Commission, the Governor 6
shall take into consideration: 7
(I) both BOTH the geographic and ethnic representation of the State 8
such that all segments of the population of the State to the extent possible are represented 9
on the Commission; AND 10
(II) THE EXPERIENCE OF AN APPOINTEE IN THE AVIATION AND 11
AIRPORT INDUSTRIES S UCH THAT SOME COMMISSION MEMBERS HA VE DIRECTLY 12
RELEVANT EXPERIENCE . 13
(3) Notwithstanding paragraph (1) of this subsection, a member of any 14
State board, commission, or authority may be appointed a member of the Maryland 15
Aviation Commission. Any person so appointed who is compensated by the State is not 16
entitled to any compensation or other emolument, except expenses incurred in connection 17
with attendance at hearings, meetings, field trips, and working sessions, for any services 18
rendered as a Commissioner. 19
(e) (1) Each appointed member serves for a term of 3 years and until a 20
successor is appointed and qualifies. 21
(2) The terms of the members are staggered as required by the terms 22
provided for members of the Commission on October 1, 1994. 23
(3) At the end of a term, a member continues to serve until a successor is 24
appointed and qualifies. 25
(4) A member who is appointed after a term has begun serves only for the 26
rest of the term and until a successor is appointed and qualifies. 27
(f) (1) The Commission shall meet at a time and place designated by the 28
Chairman of the Commission. 29
(2) The Commission shall meet as often as its duties require, but not less 30
than quarterly. 31
(3) (i) Attendance by five members shall constitute a quorum. 32
HOUSE BILL 204 5
(ii) No formal action may be taken by the Commission except by an 1
affirmative vote of a majority of the entire Commission. 2
(g) Except as provided under subsection (d)(3) of this section, members of the 3
Commission appointed by the Governor are entitled to the compensation and expenses 4
provided for in the State budget. Members of the Commission are subject to the provisions 5
of § 8–501 of the State Government Article. 6
(H) (1) EACH MEMBER OF THE COMMISSION SHALL RECE IVE AN 7
ORIENTATION SESSION TO EDUCATE THE MEMBE R ON THE COMMISSION’S DUAL 8
RESPONSIBILITIES UND ER SUBSECTION (B)(1) (B) OF THIS SECTION. 9
(2) (I) MEMBERS APPOINTED TO THE COMMISSION BEFORE 10
OCTOBER 1, 2023, SHALL RECEIVE THE OR IENTATION AS A GROUP WITHIN A 11
REASONABLE TIME ON OR AFTER OCTOBER 1, 2023. 12
(II) MEMBERS APPOINTED TO THE COMMISSION ON OR AFTE R 13
OCTOBER 1, 2023, SHALL RECEIVE THE OR IENTATION ON AN INDI VIDUAL BASIS 14
WITHIN A REASONABLE TIME FOLLOWING APPOI NTMENT. 15
5–201.2. 16
(a) Subject to § 2–1257 of the State Government Article, the Commission shall 17
report by January 15 of each year to the General Assembly on the activities of the 18
Commission during the previous year. 19
(b) The report shall include: 20
(1) A review of the financial and operational results for all State–owned 21
airports during the previous year, A SUMMARY OF COMMISSION INITIATIVES 22
SUPPORTING HEALTHY , LIVABLE COMMUNITIES , FEEDBACK RELATED TO HEALTH 23
OR COMMUNITY IMPACT AND HOW THE COMMISSION ADDRESSED SUCH FEEDBACK , 24
and any recommendations of the Commission for future changes in legislation, capital 25
funding, [or] operational flexibility, OR IMPROVED MITIGATI ON OF ADVERSE HEALTH 26
AND LIVABILITY IMPAC TS ON NEIGHBORING AND IMPA CTED COMMUNITIES ; 27
(2) Subject to review by the Department of Budget and Management, an 28
estimate of all expenditures necessary for the operation of the Commission. The estimate 29
shall identify staff resources allocated to the Commission that are provided by the 30
Department or other State agencies; and 31
(3) Actions taken by the Commission pursuant to § 5–201.1(a) of this 32
subtitle, including the consideration of the comparative status of employees serving at 33
comparable airports or aeronautical agencies. 34
Article – General Provisions 35 6 HOUSE BILL 204
3–307. 1
(a) This section applies only to the following public bodies: 2
(1) the Board of Directors of the Bainbridge Development Corporation; 3
(2) the Canal Place Preservation and Development Authority; 4
(3) the Maryland 9–1–1 Board; 5
(4) the Board of Directors of the Maryland Agricultural and 6
Resource–Based Industry Corporation; 7
(5) the Board of Directors of the Maryland Clean Energy Center; 8
(6) the Board of Directors of the Maryland Economic Development 9
Corporation; 10
(7) the Board of Directors of the Maryland Environmental Service; 11
(8) the Maryland Food Center Authority; 12
(9) the Maryland Health and Higher Educational Facilities Authority; 13
(10) the Maryland Industrial Development Financing Authority; 14
(11) the Maryland Stadium Authority; 15
(12) the Maryland Transportation Authority; 16
(13) the Northeast Maryland Waste Disposal Authority; 17
(14) the Public Service Commission; 18
(15) the State Board of Elections; 19
(16) the Maryland Technology Development Corporation; [and] 20
(17) the Historic St. Mary’s City Commission; AND 21
(18) THE MARYLAND AVIATION COMMISSION. 22
(b) A public body specified in subsection (a) of this section shall make publicly 23
available on its website: 24
HOUSE BILL 204 7
(1) each open meeting agenda, together with a summary of any finalized 1
documents, written testimony from the public, and other materials that the public body 2
will vote on at the open meeting: 3
(i) at least 48 hours in advance of each meeting; or 4
(ii) if the meeting is being held due to an emergency, a natural 5
disaster, or any other unanticipated situation, as far in advance of the meeting as 6
practicable; 7
(2) meeting minutes from the portions of a meeting that were held in open 8
session, not more than 2 business days after the minutes are approved; and 9
(3) subject to subsections (f) and (g) of this section, live video streaming of 10
each portion of a meeting that is held in open session. 11
(c) To the extent practicable, each open meeting agenda shall indicate: 12
(1) whether the public body intends to adjourn the open session to a closed 13
session; and 14
(2) if applicable, the expected time at which the public body intends to 15
adjourn the open session to a closed session. 16
(d) (1) The public body shall approve meeting minutes in a timely manner. 17
(2) Each open meeting agenda shall include consideration of the meeting 18
minutes from the most recent meeting. 19
(3) The requirement under paragraph (2) of this subsection does not apply 20
to the agenda of an emergency meeting of a public body if consideration of the meeting 21
minutes from the most recent meeting is not practicable because of the need to hold an 22
emergency meeting. 23
(e) The public body shall maintain on its website: 24
(1) meeting minutes made available under subsection (b) of this section for 25
a minimum of 5 years after the date of the meeting; and 26
(2) except as provided in subsections (f) and (g) of this section, a complete 27
and unedited archived video recording of each open meeting for which live video streaming 28
was made available under subsection (b) of this section for a minimum of 1 year after the 29
date of the meeting. 30
(f) (1) This subsection applies only to the Maryland Stadium Authority. 31
8 HOUSE BILL 204
(2) If the Maryland Stadium Authority meets by telephone conference, the 1
Authority shall: 2
(i) make publicly available on its website live audio streaming of 3
each portion of the meeting that is held in open session; and 4
(ii) maintain on its website a complete and unedited archived audio 5
recording of each meeting for which live audio streaming was made available for a 6
minimum of 1 year after the date of the meeting. 7
(g) (1) This subsection applies only to the Maryland Transportation Authority. 8
(2) The Maryland Transportation Authority is required to provide live 9
video streaming of a meeting only if the meeting is held at: 10
(i) the headquarters of the Maryland Transportation Authority; or 11
(ii) a location where the Maryland Transportation Authority held at 12
least 10 meetings during the immediately preceding calendar year. 13
(h) The Department of Information Technology shall provide the technical staff, 14
support, and equipment necessary to livestream the open meetings of: 15
(1) the Maryland Transportation Authority; and 16
(2) the State Board of Elections. 17
(i) For purposes of this title, a project site visit or educational field tour may not 18
be considered a meeting of a public body listed under subsection (a) of this section if no 19
organizational business is conducted. 20
(j) Nothing in this section may be construed to prevent a public body from 21
altering the agenda of a meeting after the agenda has been made available to the public. 22
(k) The requirements of this section are in addition to the other requirements of 23
this subtitle. 24
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 25
October 1, 2023. 26