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.
*sb0162*
SENATE BILL 162
R2 3lr0949
CF HB 204
By: Senators Lam, Beidle, Elfreth, and Guzzone Guzzone, and Gile
Introduced and read first time: January 18, 2023
Assigned to: Finance
Committee Report: Favorable with amendments
Senate action: Recommitted to Finance, March 9, 2023
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 11, 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; and generally relating to the Maryland Aviation 11
Commission. 12
BY repealing and reenacting, with amendments, 13
Article – Transportation 14
Section 5–201 and 5–201.2 15
Annotated Code of Maryland 16
(2020 Replacement Volume and 2022 Supplement) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
Article – Transportation 20 2 SENATE BILL 162
5–201. 1
(a) There is a Maryland Aviation Commission. 2
(b) The Commission shall: 3
(1) Establish policies directed toward the Maryland Aviation 4
Administration’s ability to [improve]: 5
(I) IMPROVE and promote the role of the Baltimore–Washington 6
International Thurgood Marshall Airport as an airport of service to the 7
Washington–Baltimore metropolitan area; AND 8
(II) BEST MITIGATE ACTUAL AND POTENTIAL NEGATI VE 9
IMPACTS OF THE LOCAL AVIATION AND AIRPORT INDUSTRIES, AS INFORMED BY THE 10
ACCEPTED SCIENTIFIC RESEARCH ON CREATING AND MAINTAI NING HEALTHY AND 11
LIVABLE COMMUNITIES ; 12
(2) Approve regulations for the operation of the State–owned airports prior 13
to their adoption by the Executive Director; 14
(3) Direct the Administration in developing and implementing airport 15
management policy for all State–owned airports; 16
(4) Approve major capital projects, as defined in § 2–103.1(a)(4) of this 17
article, at any State–owned airport prior to the submission of those projects to the Governor 18
and General Assembly for approval; 19
(5) Exercise those powers granted to the Commission by this title or by any 20
other provision of law; and 21
(6) In carrying out the provisions of this subtitle, consider information and 22
advice from [the]: 23
(I) THE air carrier industry[, the]; 24
(II) THE airport concessionaire industry[, the]; 25
(III) THE airline support services industry[, and citizen]; 26
(IV) CITIZEN advisory groups; 27
(V) AIRPORT EMPLOYEES OR THEIR REPRESENTATIVE S; 28
(VI) LOCAL GOVERNMENT ; 29 SENATE BILL 162 3
(VII) CITIZENS FROM COMMUNI TIES NEAR AIRPORTS ; AND 1
(VIII) OTHER MARYLAND COMMUNITIES THAT HAVE, OR ARE 2
PREDICTED TO HAVE , ADVERSE HEALTH OR LI VABILITY IMPACTS FRO M AIRPORT 3
INFRASTRUCTURE AND E CONOMIC GROWTH DECIS IONS. 4
(c) (1) The Commission shall consist of nine 13 voting members: 5
(i) Eight 12 appointed by the Governor with the advice and consent 6
of the Senate, FOUR OF WHOM SHALL B E FROM A LIST OF PRO POSED CANDIDATES 7
DESIGNATED BY A RESO LUTION OF THE DC METROPLEX BWI COMMUNITY 8
ROUNDTABLE , OR ITS SUCCESSOR ORG ANIZATION: 9
1. TWO OF WHOM SHALL BE RECOMMENDED BY THE 10
ANNE ARUNDEL COUNTY SENATE DELEGATION; AND 11
2. TWO OF WHOM SHALL BE RECOMMENDED BY THE 12
HOWARD COUNTY SENATE DELEGATION; and 13
(ii) The Secretary of Transportation, who shall be the Chairman of 14
the Commission. 15
(2) The Secretary of Commerce shall serve as a nonvoting ex officio 16
Commission member. 17
(d) (1) Subject to the provisions of paragraph (3) of this subsection, the 18
Governor may not appoint to the Commission: 19
(i) An officer or employee of the State, except as provided in 20
subsection (c) of this section; 21
(ii) A representative of any entity whose principal activities are 22
related to the operation of State–owned airports; 23
(iii) A person employed by any entity whose principal activities are 24
related to the operation of State–owned airports; or 25
(iv) A member of the General Assembly. 26
(2) In appointing the eight 12 members of the Commission, the Governor 27
shall take into consideration both the geographic and ethnic representation of the State 28
such that all segments of the population of the State to the extent possible are represented 29
on the Commission. 30
4 SENATE BILL 162
(3) Notwithstanding paragraph (1) of this subsection, a member of any 1
State board, commission, or authority may be appointed a member of the Marylan d 2
Aviation Commission. Any person so appointed who is compensated by the State is not 3
entitled to any compensation or other emolument, except expenses incurred in connection 4
with attendance at hearings, meetings, field trips, and working sessions, for any services 5
rendered as a Commissioner. 6
(e) (1) Each appointed member serves for a term of 3 years and until a 7
successor is appointed and qualifies. 8
(2) The terms of the members are staggered as required by the terms 9
provided for members of the Commission on October 1, 1994. 10
(3) At the end of a term, a member continues to serve until a successor is 11
appointed and qualifies. 12
(4) A member who is appointed after a term has begun serves only for the 13
rest of the term and until a successor is appointed and qualifies. 14
(f) (1) The Commission shall meet at a time and place designated by the 15
Chairman of the Commission. 16
(2) The Commission shall meet as often as its duties require, but not less 17
than quarterly. 18
(3) (i) Attendance by five members shall constitute a quorum. 19
(ii) No formal action may be taken by the Commission except by an 20
affirmative vote of a majority of the entire Commission. 21
(g) Except as provided under subsection (d)(3) of this section, members of the 22
Commission appointed by the Governor are entitled to the compensation and expenses 23
provided for in the State budget. Members of the Commission are subject to the provisions 24
of § 8–501 of the State Government Article. 25
(H) (1) EACH MEMBER OF THE COMMISSION SHALL RECE IVE AN 26
ORIENTATION SESSION TO EDUCATE THE MEMBE R ON THE COMMISSION’S DUAL 27
RESPONSIBILITIES UND ER SUBSECTION (B)(1) OF THIS SECTION. 28
(2) (I) MEMBERS APPOINTED TO THE COMMISSION BEFORE 29
OCTOBER 1, 2023, SHALL RECEIVE THE OR IENTATION AS A GROUP WITHIN A 30
REASONABLE TIME ON OR AFTER OCTOBER 1, 2023. 31
(II) MEMBERS APPOINTED TO THE COMMISSION ON OR AFTE R 32
OCTOBER 1, 2023, SHALL RECEIVE THE OR IENTATION ON AN INDI VIDUAL BASIS 33
WITHIN A REASONABLE TIME FOLLOWING APPOI NTMENT. 34 SENATE BILL 162 5
5–201.2. 1
(a) Subject to § 2–1257 of the State Government Article, the Commission shall 2
report by January 15 of each year to the General Assembly on the activities of the 3
Commission during the previous year. 4
(b) The report shall include: 5
(1) A review of the financial and operational results for all State–owned 6
airports during the previous year, A SUMMARY OF COMMISSION INITIATIVE S 7
SUPPORTING HEALTHY , LIVABLE COMMUNITIES , and any recommendations of the 8
Commission for future changes in legislation, capital funding, [or] operational flexibility, 9
OR IMPROVED MITIGATION OF ADVERSE HEALTH AN D LIVABILITY IMPACTS ON 10
NEIGHBORING AND IMPA CTED COMMUNITIES ; 11
(2) Subject to review by the Department of Budget and Management, an 12
estimate of all expenditures necessary for the operation of the Commission. The estimate 13
shall identify staff resources allocated to the Commission that are provided by the 14
Department or other State agencies; and 15
(3) Actions taken by the Commission pursuant to § 5–201.1(a) of this 16
subtitle, including the consideration of the comparative status of employees serving at 17
comparable airports or aeronautical agencies. 18
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 19
October 1, 2023. 20
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.