Maryland 2023 Regular Session

Maryland House Bill HB794 Latest Draft

Bill / Chaptered Version Filed 05/10/2023

                             	WES MOORE, Governor 	Ch. 504 
 
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Chapter 504 
(House Bill 794) 
 
AN ACT concerning 
 
Baltimore Regional Transit Commission – Establishment 
 
FOR the purpose of establishing the Baltimore Regional Transit Commission to review and 
approve comment on annual budget requests of the Maryland Transit 
Administration, updates to the Central Maryland Transportation Plan, and certain 
annual reports on the Administration’s state of good repair, and to perform other 
oversight and advocacy duties related to Baltimore region transit services; and 
generally relating to the Baltimore Regional Transit Commission.  
 
BY adding to 
 Article – Transportation 
Section 7–213 
 Annotated Code of Maryland 
 (2020 Replacement Volume and 2022 Supplement) 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 
That the Laws of Maryland read as follows: 
 
Article – Transportation 
 
7–213. 
 
 (A) THERE IS A BALTIMORE REGIONAL TRANSIT COMMISSION. 
 
 (B) THE COMMISSION CONSISTS O F THE FOLLOWING MEMB ERS: 
 
 (1) THE FOLLOWING SIX MEM BERS FROM BALTIMORE CITY, 
APPOINTED AS FOLLOWS : 
 
 (I) FOUR THREE MEMBERS APPOINTED BY THE GOVERNOR, 
INCLUDING: 
 
 1. AT LEAST ONE MEMBER W HO USES TRANSIT IN THE 
BALTIMORE REGION ; AND 
 
 2. AT LEAST ONE MEMBER F ROM THE BUSINESS 
COMMUNITY ; AND 
 
 (II) TWO THREE MEMBERS APPOINTED BY THE MAYOR OF 
BALTIMORE CITY;  Ch. 504 	2023 LAWS OF MARYLAND  
 
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 (2) THE FOLLOWING FIVE FOUR MEMBERS FROM BALTIMORE 
COUNTY, APPOINTED AS FOLLOWS : 
 
 (I) THREE TWO MEMBERS APPOINTED BY THE GOVERNOR, 
INCLUDING: 
 
 1. AT LEAST ONE MEMBER W HO USES TRANSIT IN T HE 
BALTIMORE REGION ; AND  
 
 2. AT LEAST ONE MEMBER F ROM THE BUSINESS 
COMMUNITY ; AND  
 
 (II) TWO MEMBERS APPOINTED BY THE COUNTY EXECUTIVE OF 
BALTIMORE COUNTY; 
 
 (3) THE FOLLOWING TWO MEM BERS FROM ANNE ARUNDEL COUNTY, 
APPOINTED AS FOLLOWS : 
 
 (I) ONE MEMBER APPOINTED BY THE GOVERNOR; AND 
 
 (II) ONE MEMBER APPOINTED BY THE COUNTY EXECUTIVE OF 
ANNE ARUNDEL COUNTY;  
 
 (4) THE FOLLOWING TWO MEM BERS FROM HOWARD COUNTY, 
APPOINTED AS FOLLOWS : 
 
 (I) ONE MEMBER APPOINTED BY THE GOVERNOR; AND  
 
 (II) ONE MEMBER APPOINTED BY THE COUNTY EXECUTIVE OF 
HOWARD COUNTY; AND  
 
 (5) ONE NONVOTING MEMBER WHO IS AN EMPLOYEE O F THE 
ADMINISTRATION AND IS A MEMBER OF THE LARGEST LABOR UNION IN THE 
BALTIMORE REGION AMALGAMATED TRANSIT UNION LOCAL LABOR UNI ON, 
DESIGNATED BY THE LA BOR UNION; AND 
 
 (6) THE SECRETARY OR THE SECRETARY’S DESIGNEE, WHO SHALL 
VOTE ONLY IN THE CAS E OF A TIE. 
 
 (C) (1) THE COMMISSION SHALL SELECT A CHAIR AND A VICE CHAIR 
FROM AMONG ITS MEMBE RS. 
   	WES MOORE, Governor 	Ch. 504 
 
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 (2) THE CHAIR AND VICE CH AIR SHALL EACH SERVE A TERM OF 2 
YEARS IN THOSE CAPAC ITIES. 
 
 (D) (1) THE TERM OF A COMMISS IONER IS 3 YEARS. 
 
 (2) A COMMISSIONER MAY NOT SERVE MORE THAN TWO 
CONSECUTIVE TERMS . 
 
 (3) THE TERM OF A COMMISS IONER BEGINS JANUARY 1, 2024.  
 
 (4) THE TERMS OF THE MEMB ERS ARE STAGGERED AS REQUIRED BY 
THE TERMS PROVIDED F OR MEMBERS OF THE COMMISSION ON JANUARY 1, 2024. 
 
 (5) AT THE END OF A TERM , A COMMISSIONER CONT INUES TO SERVE 
UNTIL A SUCCESSOR IS APPOINTED. 
 
 (E) (1) THE BALTIMORE METROPOLITAN COUNCIL SHALL PROVIDE 
STAFF FOR THE COMMISSION. 
 
 (2) THE ADMINISTRATION SHALL ALLOCATE FUNDS FOR 
OPERATIONAL EXPENSES INCURRED BY THE COMMISSION, INCLUDING FUNDING 
FOR ONE SENIOR PLANNER AND TWO JUNIOR PLANNER S TAFFING POSITIONS . 
 
 (F) A MEMBER OF THE COMMISSION: 
 
 (1) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF THE 
COMMISSION; BUT 
 
 (2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER THE 
STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET . 
 
 (G) THE COMMISSION SHALL : 
 
 (1) ORGANIZE AND ESTABLIS H POLICIES AND PROCE DURES FOR THE 
OPERATIONS OF THE COMMISSION, INCLUDING CONFLICT O F INTEREST STANDARDS 
THAT PROHIBIT A COMM ISSIONER FROM HAVING ANY INAPPROPRIATE FINANCIAL 
OR NONFINANCIAL INTE REST IN A MATTER OVE R WHICH THE COMMISSION HAS 
JURISDICTION; 
 
 (2) NOT LATER THAN 6 MONTHS AFTER THE COMMISSION FIRST 
MEETS, ADOPT BYLAWS TO GOVE RN THE OPERATIONS OF THE COMMISSION; 
 
 (3) (I) MEET AT LEAST QUARTERLY; AND 
  Ch. 504 	2023 LAWS OF MARYLAND  
 
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 (II) ACCEPT PUBLIC COMMENT S DURING THE MEETING S AND, 
AT ALL TIMES, ELECTRONICALLY ;  
 
 (4) INCLUDE IN THE QUARTE RLY AGENDA EACH OF T HE FOLLOWING 
TOPICS AT LEAST ONCE EACH YEAR: 
 
 (I) THE STATE OF GOOD REPAIR CAPITAL NEEDS INVENTORY 
REPORT; 
 
 (II) THE CONSOLIDATED TRANSPORTATION PROGRAM 
PRIORITIES AND INITI AL BUDGET REQUESTS U NDER § 2–103.1 OF THIS ARTICLE ; 
AND 
 
 (III) ANY BUDGET REQUEST AP PROVAL; AND 
 
 (IV) ANY UPDATE ON THE CENTRAL MARYLAND REGIONAL 
TRANSIT PLAN UNDER § 7–301.1 OF THIS TITLE; 
 
 (5) (I) KEEP MINUTES OF COMMISSION MEETINGS A ND MAINTAIN 
PROPER RECORDS OF AL L COMMISSION ACTIVITY ; AND 
 
 (II) POST ALL MINUTES , RECORDS, NOTICES, COMMENTS , OR 
OTHER INFORMATION IS SUED BY THE COMMISSION OR RECEIVE D FROM THE PUBLIC 
ON A PUBLIC WEBSITE ESTAB LISHED AND MAINTAINE D BY THE COMMISSION;  
 
 (6) EXERCISE OVERSIGHT OF PROVIDE INPUT AND ENGAGE IN 
ADVOCACY FOR THE BALTIMORE REGION PUBL IC TRANSIT SYSTEMS M AINTAINED 
BY THE ADMINISTRATION ; 
 
 (7) REVIEW ANY REPORT PRE PARED BY OR FOR REQUEST AND 
REVIEW INFORMATION F ROM THE ANNUAL ATTAINMENT REPORT AND THE 
ADMINISTRATION CONCER NING THE ATTAINMENT OF THE ADMINISTRATION ’S 
GOALS, INCLUDING PERFORMANC E GOALS AND METRICS , EVALUATE ANY OTHER 
MEASURES OF THE PERF ORMANCE OF THE BALTIMORE REGION TRANSIT SYSTEM , 
AND ISSUE WRITTEN RECOMMENDATIONS CONC ERNING HOW THE RESUL TS OF THE 
COMMISSION’S REVIEW AND EVALUAT	ION SHOULD INFLUENCE THE 
ADMINISTRATION ’S PRIORITIES IN FUTU RE YEARS; 
 
 (8) REVIEW AND COMMENT ON TRANSPORTATION OPERA TIONS, 
PLANS, AND SERV ICES PROPOSED FOR TH E BALTIMORE REGION THAT 
COMPLEMENT THE TRANS IT PLANS AND SERVICE S OF THE ADMINISTRATION 
SERVICE CHANGE REPOR TS AND MAJOR SERVICE CHANGE PROPOSALS ON A 
QUARTERLY BASIS ;   	WES MOORE, Governor 	Ch. 504 
 
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 (9) REVIEW AND APPROVE COMMENT ON THE ADMINISTRATION ’S 
ANNUAL OPE RATING AND CAPITAL B UDGET REQUEST FOR TH E BALTIMORE REGION , 
INCLUDING BUS , LIGHT RAIL, METRO, COMMUTER BUS , MARC SERVICE, AND 
PARATRANSIT AS PART OF THE DEVEL OPMENT OF THE DRAFT AND FINAL 
CONSOLIDATED TRANSPORTATION PROGRAM;  
 
 (10) CONVENE SUBCOMMITTEES OR OTHER APPROPRIATE ENTITIES 
TO GATHER INFORMATIO N AND SUGGESTIONS FR OM NONPROFIT ORGANIZATI ONS, 
CIVIC FOUNDATIONS , EMPLOYERS , AND TRANSIT RIDERS R EGARDING TRANSIT 
SERVICE IN THE BALTIMORE REGION ; 
 
 (11) AS IT DEEMS APPROPRIA TE, PROPOSE TO THE ADMINISTRATION 
AND THE GENERAL ASSEMBLY POLICIES THA T PROMOTE PUBLIC SAF ETY, 
TRANSPARENCY , ACCOUNTABILITY , CUSTOMER SERVICE , REGULAR 
COMMUNICATION WITH T HE PUBLIC, AND PRUDENT FINANCIA L DECISION MAKING 
IN THE BALTIMORE REGION ;  
 
 (12) REVIEW AND APPROVE AN Y UPDATE TO THE CENTRAL 
MARYLAND REGIONAL TRANSIT PLAN;  
 
 (13) SUBMIT FORMAL COMMENT ON THE CONSOLIDATED 
TRANSPORTATION PROGRAM; 
 
 (14) (11) REVIEW AND APPROVE AN ANNUAL PL AN ON THE STATE OF 
GOOD REPAIR COMMENT ON THE CAPITAL NEEDS INVENTORY REPORT; AND 
 
 (15) (12) REVIEW LOCAL TRANSIT PLANS AND SERVICES I N THE 
BALTIMORE REGION TO E NSURE COORDINATION B ETWEEN THE LOCAL TRA NSIT 
SERVICES AND THE ADMINISTRATION . 
 
 (H) IN CARRYING OUT ITS D UTIES UNDER SUBSECTI ON (G) OF THIS 
SECTION, THE COMMISSION SHALL ENDE AVOR TO ENSURE THAT 	THE 
ADMINISTRATION ’S PLANS, BUDGETS, DECISIONS, POLICIES, GOALS, PRIORITIES, 
OPERATIONS, AND SERVICES ADDRESS THE PUBLIC TRANSIT N EEDS OF RESIDENTS 
AND BUSINESSES IN TH E BALTIMORE REGION .  
 
 (I) ON OR BEFORE DECEMBER 1 EACH YEAR, THE COMMISSION SHALL 
REPORT ITS FINDINGS AND RECOMMENDATIONS ON THE BALTIMORE REGION 
TRANSIT SYSTEMS TO T HE ADMINISTRATION , THE GOVERNOR, AND, IN 
ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL 
ASSEMBLY. 
  Ch. 504 	2023 LAWS OF MARYLAND  
 
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 SECTION 2. AND BE IT FURTHER ENACTED, That, notwithstanding § 7 –213(d) 
of the Transportation Article, as enacted by Section 1 of this Act, the initial terms of the 
members of the Baltimore Regional Transit Commission established under this Act shall 
be staggered as follows: 
 
 (1) of the two three members from Baltimore City appointed by the Mayor, 
one member shall serve an initial term of 4 years and one member two members shall serve 
an initial term of 3 years; 
 
 (2) of the four three members from Baltimore City appointed by the 
Governor, two members one member shall serve an initial term of 4 years and two members 
shall serve an initial term of 3 years; 
 
 (3) of the two members from Baltimore County appointed by the County 
Executive of Baltimore County, one member shall serve an initial term of 4 years and one 
member shall serve an initial term of 3 years; 
 
 (4) of the three two members from Baltimore County appointed by the 
Governor, one member shall serve an initial term of 4 years and two members one member 
shall serve an initial term of 3 years; 
 
 (5) the member from Anne Arundel County appointed by the County 
Executive of Anne Arundel County shall serve an initial term of 4 3 years; 
 
 (6) the member from Anne Arundel County appointed by the Governor 
shall serve an initial term of 3 4 years; 
 
 (7) the member from Howard County appointed by the County Executive 
of Howard County shall serve an initial term of 4 years; 
 
 (8) the member from Howard County appointed by the Governor shall 
serve an initial term of 3 years; and 
 
 (9) the members of the General Assembly each shall serve an initial term 
of 4 years; and 
 
 (10) the nonvoting member representing a labor union shall serve an initial 
term of 3 years. 
 
 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 
October 1, 2023.  
 
Approved by the Governor, May 8, 2023.