EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
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SENATE BILL 162
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By: Senators Lam, Beidle, Elfreth, and Guzzone
Introduced and read first time: January 18, 2023
Assigned to: Finance
A BILL ENTITLED
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; requiring members of the Commission 9
to receive an orientation on certain duties of the Commission; and generally relating 10
to the Maryland Aviation Commission. 11
BY repealing and reenacting, with amendments, 12
Article – Transportation 13
Section 5–201 and 5–201.2 14
Annotated Code of Maryland 15
(2020 Replacement Volume and 2022 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
5–201. 20
(a) There is a Maryland Aviation Commission. 21
(b) The Commission shall: 22
2 SENATE BILL 162
(1) Establish policies directed toward the Maryland Aviation 1
Administration’s ability to [improve]: 2
(I) IMPROVE and promote the role of the Baltimore–Washington 3
International Thurgood Marshall Airport as an airport of service to the 4
Washington–Baltimore metropolitan area; AND 5
(II) BEST MITIGATE ACTUAL AND POTENTIAL NEGATIVE 6
IMPACTS OF THE LOCAL AVIATION AND AIRPORT INDUSTRIES, AS INFORMED BY THE 7
ACCEPTED SCIENTIFIC RESEARCH ON CREATING AND MAINTAINING HEAL THY AND 8
LIVABLE COMMUNITIES ; 9
(2) Approve regulations for the operation of the State–owned airports prior 10
to their adoption by the Executive Director; 11
(3) Direct the Administration in developing and implementing airport 12
management policy for all State–owned airports; 13
(4) Approve major capital projects, as defined in § 2–103.1(a)(4) of this 14
article, at any State–owned airport prior to the submission of those projects to the Governor 15
and General Assembly for approval; 16
(5) Exercise those powers granted to the Commission by this title or by any 17
other provision of law; and 18
(6) In carrying out the provisions of this subtitle, consider information and 19
advice from [the]: 20
(I) THE air carrier industry[, the]; 21
(II) THE airport concessionaire industry[, the]; 22
(III) THE airline support services industry[, and citizen]; 23
(IV) CITIZEN advisory groups; 24
(V) AIRPORT EMPLOYEES OR THEIR REPRESENTATIVE S; 25
(VI) LOCAL GOVERNMENT ; 26
(VII) CITIZENS FROM COMMUNI TIES NEAR AIRPORTS; AND 27
(VIII) OTHER MARYLAND COMMUNITIES THAT HAVE, OR ARE 28
PREDICTED TO HAVE , ADVERSE HEALTH OR LIVABILITY IMPACTS FROM AIRPORT 29
INFRASTRUCTURE AND E CONOMIC GROWTH DECIS IONS. 30 SENATE BILL 162 3
(c) (1) The Commission shall consist of nine voting members: 1
(i) Eight appointed by the Governor with the advice and consent of 2
the Senate, FOUR OF WHOM SHALL B E FROM A LIST OF PROPO SED CANDIDATES 3
DESIGNATED BY A RESOLUTION OF THE DC METROPLEX BWI COMMUNITY 4
ROUNDTABLE , OR ITS SUCCESSOR ORG ANIZATION; and 5
(ii) The Secretary of Transportation, who shall be the Chairman of 6
the Commission. 7
(2) The Secretary of Commerce shall serve as a nonvoting ex officio 8
Commission member. 9
(d) (1) Subject to the provisions of paragraph (3) of this subsection, the 10
Governor may not appoint to the Commission: 11
(i) An officer or employee of the State, except as provided in 12
subsection (c) of this section; 13
(ii) A representative of any entity whose principal activities are 14
related to the operation of State–owned airports; 15
(iii) A person employed by any entity whose principal activities are 16
related to the operation of State–owned airports; or 17
(iv) A member of the General Assembly. 18
(2) In appointing the eight members of the Commission, the Governor shall 19
take into consideration both the geographic and ethnic representation of the State such 20
that all segments of the population of the State to the extent possible are represented on 21
the Commission. 22
(3) Notwithstanding paragraph (1) of this subsection, a member of any 23
State board, commission, or authority may be appointed a member of the Maryland 24
Aviation Commission. Any person so appointed who is compensated by the State is not 25
entitled to any compensation or other emolument, except expenses incurred in connection 26
with attendance at hearings, meetings, field trips, and working sessions, for any services 27
rendered as a Commissioner. 28
(e) (1) Each appointed member serves for a term of 3 years and until a 29
successor is appointed and qualifies. 30
(2) The terms of the members are staggered as required by the terms 31
provided for members of the Commission on October 1, 1994. 32
4 SENATE BILL 162
(3) At the end of a term, a member continues to serve until a successor is 1
appointed and qualifies. 2
(4) A member who is appointed after a term has begun serves only for the 3
rest of the term and until a successor is appointed and qualifies. 4
(f) (1) The Commission shall meet at a time and place designated by the 5
Chairman of the Commission. 6
(2) The Commission shall meet as often as its duties require, but not less 7
than quarterly. 8
(3) (i) Attendance by five members shall constitute a quorum. 9
(ii) No formal action may be taken by the Commission except by an 10
affirmative vote of a majority of the entire Commission. 11
(g) Except as provided under subsection (d)(3) of this section, members of the 12
Commission appointed by the Governor are entitled to the compensation and expenses 13
provided for in the State budget. Members of the Commission are subject to the provisions 14
of § 8–501 of the State Government Article. 15
(H) (1) EACH MEMBER OF THE COMMISSION SHALL RECE IVE AN 16
ORIENTATION SESSION TO EDUCATE THE MEMBER ON THE COMMISSION’S DUAL 17
RESPONSIBILITIES UNDER SUBSECTION (B)(1) OF THIS SECTION. 18
(2) (I) MEMBERS APPOINTED TO THE COMMISSION BEFORE 19
OCTOBER 1, 2023, SHALL RECEIVE THE OR IENTATION AS A GROUP WITHIN A 20
REASONABLE TIME ON OR AFTER OCTOBER 1, 2023. 21
(II) MEMBERS APPOINTED TO THE COMMISSION ON OR AFTER 22
OCTOBER 1, 2023, SHALL RECEIVE THE OR IENTATION ON AN INDIVIDUAL BAS IS 23
WITHIN A REASONABLE TIME FO LLOWING APPOINTMENT . 24
5–201.2. 25
(a) Subject to § 2–1257 of the State Government Article, the Commission shall 26
report by January 15 of each year to the General Assembly on the activities of the 27
Commission during the previous year. 28
(b) The report shall include: 29
(1) A review of the financial and operational results for all State–owned 30
airports during the previous year, A SUMMARY OF COMMISSION INITIATIVE S 31
SUPPORTING HEALTHY , LIVABLE COMMUNITIES , and any recommendations of the 32
Commission for future changes in legislation, capital funding, [or] operational flexibility, 33 SENATE BILL 162 5
OR IMPROVED MITIGATI ON OF ADVERSE HEALTH AND LIVABILITY IMPACTS O N 1
NEIGHBORING AND IMPA CTED COMMUNITIES ; 2
(2) Subject to review by the Department of Budget and Management, an 3
estimate of all expenditures necessary for the operation of the Commission. The estimate 4
shall identify staff resources allocated to the Commission that are provided by the 5
Department or other State agencies; and 6
(3) Actions taken by the Commission pursuant to § 5–201.1(a) of this 7
subtitle, including the consideration of the comparative status of employees serving at 8
comparable airports or aeronautical agencies. 9
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 10
October 1, 2023. 11