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. *hb0794* HOUSE BILL 794 R2 3lr2034 CF SB 876 By: Delegate Bridges Introduced and read first time: February 8, 2023 Assigned to: Appropriations and Environment and Transportation Committee Report: Favorable with amendments House action: Adopted Read second time: March 5, 2023 CHAPTER ______ AN ACT concerning 1 Baltimore Regional Transit Commission – Establishment 2 FOR the purpose of establishing the Baltimore Regional Transit Commission to review and 3 approve comment on annual budget requests of the Maryland Transit 4 Administration, updates to the Central Maryland Transportation Plan, and certain 5 annual reports on the Administration’s state of good repair, and to perform other 6 oversight and advocacy duties related to Baltimore region transit services; and 7 generally relating to the Baltimore Regional Transit Commission. 8 BY adding to 9 Article – Transportation 10 Section 7–213 11 Annotated Code of Maryland 12 (2020 Replacement Volume and 2022 Supplement) 13 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14 That the Laws of Maryland read as follows: 15 Article – Transportation 16 7–213. 17 (A) THERE IS A BALTIMORE REGIONAL TRANSIT COMMISSION. 18 (B) THE COMMISSION CONSISTS O F THE FOLLOWING MEMB ERS: 19 2 HOUSE BILL 794 (1) THE FOLLOWING SIX MEM BERS FROM BALTIMORE CITY, 1 APPOINTED AS FOLLOWS : 2 (I) FOUR THREE MEMBERS APPOINTED BY THE GOVERNOR, 3 INCLUDING: 4 1. AT LEAST ONE MEMBER W HO USES TRANSIT IN TH E 5 BALTIMORE REGION ; AND 6 2. AT LEAST ONE MEMBER F ROM THE BUSINESS 7 COMMUNITY ; AND 8 (II) TWO THREE MEMBERS APPOINTED BY THE MAYOR OF 9 BALTIMORE CITY; 10 (2) THE FOLLOWING FIVE FOUR MEMBERS FROM BALTIMORE 11 COUNTY, APPOINTED AS FOLLOWS: 12 (I) THREE TWO MEMBERS APPOINTED BY THE GOVERNOR, 13 INCLUDING: 14 1. AT LEAST ONE MEMBER W HO USES TRANSIT IN T HE 15 BALTIMORE REGION ; AND 16 2. AT LEAST ONE MEMBER F ROM THE BUSINESS 17 COMMUNITY ; AND 18 (II) TWO MEMBERS APPOINTED BY THE COUNTY EXECUTIVE OF 19 BALTIMORE COUNTY; 20 (3) THE FOLLOWING TWO MEM BERS FROM ANNE ARUNDEL COUNTY, 21 APPOINTED AS FOLLOWS : 22 (I) ONE MEMBER APPOINTED BY THE GOVERNOR; AND 23 (II) ONE MEMBER APPOINTED BY THE COUNTY EXECUTIVE OF 24 ANNE ARUNDEL COUNTY; 25 (4) THE FOLLOWING TWO MEMBER S FROM HOWARD COUNTY, 26 APPOINTED AS FOLLOWS : 27 (I) ONE MEMBER APPOINTED BY THE GOVERNOR; AND 28 HOUSE BILL 794 3 (II) ONE MEMBER APPOINTED BY THE COUNTY EXECUTIVE OF 1 HOWARD COUNTY; AND 2 (5) ONE NONVOTING MEMBER WHO IS AN EMPLOYEE O F THE 3 ADMINISTRATION AND IS A MEMBER OF THE LARGEST LABOR UNION IN THE 4 BALTIMORE REGION AMALGAMATED TRANSIT UNION LOCAL LABOR UNI ON, 5 DESIGNATED BY THE LA BOR UNION; AND 6 (6) THE SECRETARY OR THE SECRETARY’S DESIGNEE, WHO SHALL 7 VOTE ONLY IN THE CAS E OF A TIE. 8 (C) (1) THE COMMISSION SHALL SELE CT A CHAIR AND A VIC E CHAIR 9 FROM AMONG ITS MEMBE RS. 10 (2) THE CHAIR AND VICE CH AIR SHALL EACH SERVE A TERM OF 2 11 YEARS IN THOSE CAPAC ITIES. 12 (D) (1) THE TERM OF A COMMISS IONER IS 3 YEARS. 13 (2) A COMMISSIONER MAY NOT SERVE MORE THAN TWO 14 CONSECUTIVE TERMS . 15 (3) THE TERM OF A COMMISS IONER BEGINS JANUARY 1, 2024. 16 (4) THE TERMS OF THE MEMB ERS ARE STAGGERED AS REQUIRED BY 17 THE TERMS PROVIDED F OR MEMBERS OF THE COMMISSION ON JANUARY 1, 2024. 18 (5) AT THE END OF A TERM , A COMMISSIONER CONTI NUES TO SERVE 19 UNTIL A SUCCESSOR IS APPOINTED. 20 (E) (1) THE BALTIMORE METROPOLITAN COUNCIL SHALL PROVIDE 21 STAFF FOR THE COMMISSION. 22 (2) THE ADMINISTRATION SHALL ALLOCATE FUNDS FOR 23 OPERATIONAL EXPENSES INCURRED BY THE COMMISSION, INCLUDING FUNDING 24 FOR ONE SENIOR PLANN ER AND TWO JUNIOR PL ANNER STAFFING POSIT IONS. 25 (F) A MEMBER OF THE COMMISSION: 26 (1) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF THE 27 COMMISSION; BUT 28 (2) IS ENTITLED TO REIMBURSEMENT FOR EXPENSES UNDER THE 29 STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET . 30 4 HOUSE BILL 794 (G) THE COMMISSION SHALL : 1 (1) ORGANIZE AND ESTABLIS H POLICIES AND PROCE DURES FOR THE 2 OPERATIONS OF THE COMMISSION, INCLUDING CONFLICT O F INTEREST STANDARDS 3 THAT PROHIBIT A COMM ISSIONER FROM HAVING ANY INAPPROPRIATE FI NANCIAL 4 OR NONFINANCIAL INTE REST IN A MATTER OVE R WHICH THE COMMISSION HAS 5 JURISDICTION; 6 (2) NOT LATER THAN 6 MONTHS AFTER THE COMMISSION FIRST 7 MEETS, ADOPT BYLAWS TO GOVE RN THE OPERATIONS OF THE COMMISSION; 8 (3) (I) MEET AT LEAST QUARTER LY; AND 9 (II) ACCEPT PUBLIC COMMENT S DURING THE MEETING S AND, 10 AT ALL TIMES, ELECTRONICALLY ; 11 (4) INCLUDE IN THE QUARTE RLY AGENDA EACH OF T HE FOLLOWING 12 TOPICS AT LEAST ONCE EACH YEAR: 13 (I) THE STATE OF GOOD REPAIR CAPITAL NEEDS INVENTORY 14 REPORT; 15 (II) THE CONSOLIDATED TRANSPORTATION PROGRAM 16 PRIORITIES AND INITI AL BUDGET REQUESTS U NDER § 2–103.1 OF THIS ARTICLE ; 17 AND 18 (III) ANY BUDGET REQUEST AP PROVAL; AND 19 (IV) ANY UPDATE ON THE CENTRAL MARYLAND REGIONAL 20 TRANSIT PLAN UNDER § 7–301.1 OF THIS TITLE; 21 (5) (I) KEEP MINUTES OF COMMISSION MEETINGS A ND MAINTAIN 22 PROPER RECORDS OF AL L COMMISSION ACTIVITY ; AND 23 (II) POST ALL MINUTES , RECORDS, NOTICES, COMMENTS , OR 24 OTHER INFORMATION IS SUED BY THE COMMISSION OR RECEIVE D FROM THE PUBLIC 25 ON A PUBLIC WEBSITE ESTABLISHED AND MAIN TAINED BY THE COMMISSION; 26 (6) EXERCISE OVERSIGHT OF PROVIDE INPUT AND ENGAGE IN 27 ADVOCACY FOR THE BALTIMORE REGION PUBL IC TRANSIT SYSTEMS M AINTAINED 28 BY THE ADMINISTRATION ; 29 HOUSE BILL 794 5 (7) REVIEW ANY REPORT PRE PARED BY OR FOR REQUEST AND 1 REVIEW INFORMATION F ROM THE ANNUAL ATTAINMENT REPORT AND THE 2 ADMINISTRATION CONCER NING THE ATTAINMENT OF THE ADMINISTRATION ’S 3 GOALS, INCLUDING PERFORMANC E GOALS AND METRICS , EVALUATE A NY OTHER 4 MEASURES OF THE PERF ORMANCE OF THE BALTIMORE REGION TRAN SIT SYSTEM, 5 AND ISSUE WRITTEN RECOMMENDATIONS CONC ERNING HOW THE RESUL TS OF THE 6 COMMISSION’S REVIEW AND EVALUAT ION SHOULD INFLUENCE THE 7 ADMINISTRATION ’S PRIORITIES IN FUTU RE YEARS; 8 (8) REVIEW AND COMMENT ON TRANSPORTATION OPERA TIONS, 9 PLANS, AND SERVICES PROPOSE D FOR THE BALTIMORE REGION THAT 10 COMPLEMENT THE TRANS IT PLANS AND SERVICE S OF THE ADMINISTRATION 11 SERVICE CHANGE REPOR TS AND MAJOR SERVICE CHANGE PROPOSALS ON A 12 QUARTERLY BASIS ; 13 (9) REVIEW AND APPROVE COMMENT ON THE ADMINISTRATION ’S 14 ANNUAL OPERATING AND CAPITAL BUDGET REQUE ST FOR THE BALTIMORE REGION , 15 INCLUDING BUS , LIGHT RAIL, METRO, COMMUTER BUS , MARC SERVICE, AND 16 PARATRANSIT AS PART OF THE DEVEL OPMENT OF THE DRAFT AND FINAL 17 CONSOLIDATED TRANSPORTATION PROGRAM; 18 (10) CONVENE SUBCOMMITTEES OR OTHER APPROPRIATE ENTITIES 19 TO GATHER INFORMATIO N AND SUGGESTIONS FR OM NONPROFIT ORGANIZATI ONS, 20 CIVIC FOUNDATIONS , EMPLOYERS , AND TRANSIT RIDERS R EGARDING TRANSIT 21 SERVICE IN THE BALTIMORE REGION; 22 (11) AS IT DEEMS APPROPRIA TE, PROPOSE TO THE ADMINISTRATION 23 AND THE GENERAL ASSEMBLY POLICIES THA T PROMOTE PUBLIC SAF ETY, 24 TRANSPARENCY , ACCOUNTABILITY , CUSTOMER SERVICE , REGULAR 25 COMMUNICATION WITH T HE PUBLIC, AND PRUDENT FINANCIA L DECISION MAKIN G 26 IN THE BALTIMORE REGION ; 27 (12) REVIEW AND APPROVE AN Y UPDATE TO THE CENTRAL 28 MARYLAND REGIONAL TRANSIT PLAN; 29 (13) SUBMIT FORMAL COMMENT ON THE CONSOLIDATED 30 TRANSPORTATION PROGRAM; 31 (14) (11) REVIEW AND APPROVE AN ANNUAL PL AN ON THE STATE OF 32 GOOD REPAIR COMMENT ON THE CAPITAL NEEDS INVENTORY REPORT; AND 33 (15) (12) REVIEW LOCAL TRANSIT PLANS AND SERVICES I N THE 34 BALTIMORE REGION TO E NSURE COORDINATION B ETWEEN THE LOCAL TRA NSIT 35 SERVICES AND THE ADMINISTRATION . 36 6 HOUSE BILL 794 (H) IN CARRYING OUT ITS D UTIES UNDER SUBSECTION (G) OF THIS 1 SECTION, THE COMMISSION SHALL ENDE AVOR TO ENSURE THAT THE 2 ADMINISTRATION ’S PLANS, BUDGETS, DECISIONS, POLICIES, GOALS, PRIORITIES, 3 OPERATIONS, AND SERVICES ADDRESS THE PUBLIC TRANSIT N EEDS OF RESIDENTS 4 AND BUSINESSES IN TH E BALTIMORE REGION. 5 (I) ON OR BEFORE DECEMBER 1 EACH YEAR, THE COMMISSION SHALL 6 REPORT ITS FINDINGS AND RECOMMENDATIONS ON THE BALTIMORE REGION 7 TRANSIT SYSTEMS TO T HE ADMINISTRATION , THE GOVERNOR, AND, IN 8 ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL 9 ASSEMBLY. 10 SECTION 2. AND BE IT FURTHER ENACTED, That, notwithstanding § 7 –213(d) 11 of the Transportation Article, as enacted by Section 1 of this Act, the initial terms of the 12 members of the Baltimore Regional Transit Commission established under this Act shall 13 be staggered as follows: 14 (1) of the two three members from Baltimore City appointed by the Mayor, 15 one member shall serve an initial term of 4 years and one member two members shall serve 16 an initial term of 3 years; 17 (2) of the four three members from Baltimore City appointed by the 18 Governor, two members one member shall serve an initial term of 4 years and two members 19 shall serve an initial term of 3 years; 20 (3) of the two members from Baltimore County appointed by the County 21 Executive of Baltimore County, one member shall serve an initial term of 4 years and one 22 member shall serve an initial term of 3 years; 23 (4) of the three two members from Baltimore County appointed by the 24 Governor, one member shall serve an initial term of 4 years and two members one member 25 shall serve an initial term of 3 years; 26 (5) the member from Anne Arundel County appointed by the County 27 Executive of Anne Arundel County shall serve an initial term of 4 3 years; 28 (6) the member from Anne Arundel County appointed by the Governor 29 shall serve an initial term of 3 4 years; 30 (7) the member from Howard County appointed by the County Executive 31 of Howard County shall serve an initial term of 4 years; 32 (8) the member from Howard County appointed by the Gove rnor shall 33 serve an initial term of 3 years; 34 HOUSE BILL 794 7 (9) the members of the General Assembly each shall serve an initial term 1 of 4 years; and 2 (10) the nonvoting member representing a labor union shall serve an initial 3 term of 3 years. 4 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 5 October 1, 2023. 6 Approved: ________________________________________________________________________________ Governor. ________________________________________________________________________________ Speaker of the House of Delegates. ________________________________________________________________________________ President of the Senate.