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.
Italics indicate opposite chamber/conference committee amendments.
*sb0162*
SENATE BILL 162
R2 (3lr0949)
ENROLLED BILL
— Finance/Appropriations —
Introduced by Senators Lam, Beidle, Elfreth, and Guzzone Guzzone, and Gile
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
President.
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 2 SENATE BILL 162
Article – Transportation 1
Section 5–201 and 5–201.2 2
Annotated Code of Maryland 3
(2020 Replacement Volume and 2022 Supplement) 4
BY repealing and reenacting, with amendments, 5
Article – General Provisions 6
Section 3–307 7
Annotated Code of Maryland 8
(2019 Replacement Volume and 2022 Supplement) 9
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 10
That the Laws of Maryland read as follows: 11
Article – Transportation 12
5–201. 13
(a) There is a Maryland Aviation Commission. 14
(b) The Commission shall: 15
(1) Establish policies directed toward the Maryland Aviation 16
Administration’s ability to [improve]: 17
(I) IMPROVE and promote the role of the Baltimore–Washington 18
International Thurgood Marshall Airport as an airport of service to the 19
Washington–Baltimore metropolitan area; AND 20
(II) BEST MITIGATE ACTUAL AND POTENTIAL NEGATI VE 21
IMPACTS OF THE LOCAL AVIATION AND AIRPORT INDUSTRIES, AS INFORMED BY THE 22
ACCEPTED SCIENTIFIC RESEARCH ON CREATING AND MAINTAINING HEAL THY AND 23
LIVABLE COMMUNITIES ; 24
(2) Approve regulations for the operation of the State–owned airports prior 25
to their adoption by the Executive Director; 26
(3) Direct the Administration in developing and implementing airport 27
management policy for all State–owned airports; 28
(4) Approve major capital projects, as defined in § 2–103.1(a)(4) of this 29
article, at any State–owned airport prior to the submission of those projects to the Governor 30
and General Assembly for approval; 31
(5) Exercise those powers granted to the Commission by this title or by any 32
other provision of law; and 33 SENATE BILL 162 3
(6) In carrying out the provisions of this subtitle, consider: 1
(I) CONSIDER information and advice from [the]: 2
(I) 1. THE air carrier industry[, the]; 3
(II) 2. THE airport concessionaire industry[, the]; 4
(III) 3. THE airline support services industry[, and citizen]; 5
(IV) 4. CITIZEN advisory groups; 6
(V) 5. AIRPORT EMPLOYEES OR THEIR REPRESENTATIVE S; 7
(VI) 6. LOCAL GOVERNMENT ; 8
(VII) 7. CITIZENS FROM COMMUNI TIES NEAR AIRPORTS ; AND 9
(VIII) 8. OTHER MARYLAND COMMUNITIES THAT HAVE, OR 10
ARE PREDICTED TO HAV E, POTENTIALLY ADVERSE HEALTH OR LIVABILITY 11
COMMUNITY IMPACTS FROM AIRPORT INFRASTRUCTURE AND E CONOMIC GROWTH 12
DECISIONS; AND 13
(II) CONSIDER THE AVIATION , ECONOMIC, BUSINESS, 14
ENVIRONMENTAL , HEALTH, AND COMMUNITY –RELATED IMPACTS OR A NY OTHER 15
IMPACTS THE COMMISSION FINDS RELE VANT TO THE DECISION S OF THE 16
COMMISSION OR THE ADMINISTRATION . 17
(c) (1) The Commission shall consist of nine 13 voting members: 18
(i) Eight 12 appointed by the Governor with the advice and consent 19
of the Senate, FOUR OF WHOM SHALL B E FROM A LIST OF PRO POSED CANDIDATES 20
DESIGNATED BY A RESO LUTION OF THE DC METROPLEX BWI COMMUNITY 21
ROUNDTABLE , OR ITS SUCCESSOR ORG ANIZATION: 22
1. TWO OF WHOM SHALL BE RECOMMENDED BY THE 23
ANNE ARUNDEL COUNTY SENATE DELEGATION; AND 24
2. TWO OF WHOM SHALL BE RECOMMENDED BY THE 25
HOWARD COUNTY SENATE DELEGATION; and 26
(ii) The Secretary of Transportation, who shall be the Chairman of 27
the Commission. 28 4 SENATE BILL 162
(2) The Secretary of Commerce shall serve as a nonvoting ex officio 1
Commission member. 2
(d) (1) Subject to the provisions of paragraph (3) of this subsection, the 3
Governor may not appoint to the Commission: 4
(i) An officer or employee of the State, except as provided in 5
subsection (c) of this section; 6
(ii) A representative of any entity whose principal activities are 7
related to the operation of State–owned airports; 8
(iii) A person employed by any entity whose principal activities are 9
related to the operation of State–owned airports; or 10
(iv) A member of the General Assembly. 11
(2) In appointing the eight 12 members of the Commission, the Governor 12
shall take into consideration: 13
(I) both BOTH the geographic and ethnic representation of the State 14
such that all segments of the population of the State to the extent possible are represented 15
on the Commission; AND 16
(II) THE EXPERIENCE OF AN APP OINTEE IN THE AVIATI ON AND 17
AIRPORT INDUSTRIES S UCH THAT SOME COMMISSION MEMBERS HA VE DIRECTLY 18
RELEVANT EXPERIENCE . 19
(3) Notwithstanding paragraph (1) of this subsection, a member of any 20
State board, commission, or authority may be appointed a member of the Maryland 21
Aviation Commission. Any person so appointed who is compensated by the State is not 22
entitled to any compensation or other emolument, except expenses incurred in connection 23
with attendance at hearings, meetings, field trips, and working sessions, for any services 24
rendered as a Commissioner. 25
(e) (1) Each appointed member serves for a term of 3 years and until a 26
successor is appointed and qualifies. 27
(2) The terms of the members are staggered as required by the terms 28
provided for members of the Commission on October 1, 1994. 29
(3) At the end of a term, a member continues to serve until a successor is 30
appointed and qualifies. 31
SENATE BILL 162 5
(4) A member who is appointed after a term has begun serves only for the 1
rest of the term and until a successor is appointed and qualifies. 2
(f) (1) The Commission shall meet at a time and place designated by the 3
Chairman of the Commission. 4
(2) The Commission shall meet as often as its duties require, but not less 5
than quarterly. 6
(3) (i) Attendance by five members shall constitute a quorum. 7
(ii) No formal action may be taken by the Commission except by an 8
affirmative vote of a majority of the entire Commission. 9
(g) Except as provided under subsection (d)(3) of this section, members of the 10
Commission appointed by the Governor are entitled to the compensation and expenses 11
provided for in the State budget. Members of the Commission are subject to the provisions 12
of § 8–501 of the State Government Article. 13
(H) (1) EACH MEMBER OF THE COMMISSION SHALL RECEIVE AN 14
ORIENTATION SESSION TO EDUCATE THE MEMBE R ON THE COMMISSION’S DUAL 15
RESPONSIBILITIES UND ER SUBSECTION (B)(1) (B) OF THIS SECTION. 16
(2) (I) MEMBERS APPOINTED TO THE COMMISSION BEFORE 17
OCTOBER 1, 2023, SHALL RECEIVE THE OR IENTATION AS A GROUP WITHIN A 18
REASONABLE TIME ON O R AFTER OCTOBER 1, 2023. 19
(II) MEMBERS APPOINTED TO THE COMMISSION ON OR AFTE R 20
OCTOBER 1, 2023, SHALL RECEIVE THE OR IENTATION ON AN INDI VIDUAL BASIS 21
WITHIN A REASONABLE TIME FOLLOWING APPOI NTMENT. 22
5–201.2. 23
(a) Subject to § 2–1257 of the State Government Article, the Commission shall 24
report by January 15 of each year to the General Assembly on the activities of the 25
Commission during the previous year. 26
(b) The report shall include: 27
(1) A review of the financial and operational results for all State–owned 28
airports during the previous year, A SUMMARY OF COMMISSION INITIATIVES 29
SUPPORTING HEALTHY , LIVABLE COMMUNITIES , FEEDBACK RELATED TO HEALTH 30
OR COMMUNITY IMPACT AND HOW THE COMMISSION ADDRESSED SUCH FEEDBACK , 31
and any recommendations of the Commission for future changes in legislation, capital 32
funding, [or] operational flexibility, OR IMPROVED MITIGATI ON OF ADVERSE HEALTH 33
AND LIVABILITY IMPAC TS ON NEIGHBORING AND IMPA CTED COMMUNITIES ; 34 6 SENATE BILL 162
(2) Subject to review by the Department of Budget and Management, an 1
estimate of all expenditures necessary for the operation of the Commission. The estimate 2
shall identify staff resources allocated to the Commission that are provided by the 3
Department or other State agencies; and 4
(3) Actions taken by the Commission pursuant to § 5–201.1(a) of this 5
subtitle, including the consideration of the comparative status of employees serving at 6
comparable airports or aeronautical agencies. 7
Article – General Provisions 8
3–307. 9
(a) This section applies only to the following public bodies: 10
(1) the Board of Directors of the Bainbridge Development Corporation; 11
(2) the Canal Place Preservation and Development Authority; 12
(3) the Maryland 9–1–1 Board; 13
(4) the Board of Directors of t he Maryland Agricultural and 14
Resource–Based Industry Corporation; 15
(5) the Board of Directors of the Maryland Clean Energy Center; 16
(6) the Board of Directors of the Maryland Economic Development 17
Corporation; 18
(7) the Board of Directors of the Maryland Environmental Service; 19
(8) the Maryland Food Center Authority; 20
(9) the Maryland Health and Higher Educational Facilities Authority; 21
(10) the Maryland Industrial Development Financing Authority; 22
(11) the Maryland Stadium Authority; 23
(12) the Maryland Transportation Authority; 24
(13) the Northeast Maryland Waste Disposal Authority; 25
(14) the Public Service Commission; 26
(15) the State Board of Elections; 27 SENATE BILL 162 7
(16) the Maryland Technology Development Corporation; [and] 1
(17) the Historic St. Mary’s City Commission; AND 2
(18) THE MARYLAND AVIATION COMMISSION. 3
(b) A public body specified in subsection (a) of this section shall make publicly 4
available on its website: 5
(1) each open meeting agenda, together with a summary of any finalized 6
documents, written testimony from the public, and other materials that the public body will 7
vote on at the open meeting: 8
(i) at least 48 hours in advance of each meeting; or 9
(ii) if the meeting is being held due to an emergency, a natural 10
disaster, or any other unanticipated situation, as far in advance of the meeting as 11
practicable; 12
(2) meeting minutes from the portions of a meeting that were held in open 13
session, not more than 2 business days after the minutes are approved; and 14
(3) subject to subsections (f) and (g) of this section, live video streaming of 15
each portion of a meeting that is held in open session. 16
(c) To the extent practicable, each open meeting agenda shall indicate: 17
(1) whether the public body intends to adjourn the open session to a closed 18
session; and 19
(2) if applicable, the expected time at which the public body intends to 20
adjourn the open session to a closed session. 21
(d) (1) The public body shall approve meeting minutes in a timely manner. 22
(2) Each open meeting agenda shall include consideration of the meeting 23
minutes from the most recent meeting. 24
(3) The requirement under paragraph (2) of this subsection does not apply 25
to the agenda of an emergency meeting of a public body if consideration of the meeting 26
minutes from the most recent meeting is not practicable because of the need to hold an 27
emergency meeting. 28
(e) The public body shall maintain on its website: 29
8 SENATE BILL 162
(1) meeting minutes made available under subsection (b) of this section for 1
a minimum of 5 years after the date of the meeting; and 2
(2) except as provided in subsections (f) and (g) of this section, a complete 3
and unedited archived video recording of each open meeting for which live video streaming 4
was made available under subsection (b) of this section for a minimum of 1 year after the 5
date of the meeting. 6
(f) (1) This subsection applies only to the Maryland Stadium Authority. 7
(2) If the Maryland Stadium Authority meets by telephone conference, the 8
Authority shall: 9
(i) make publicly available on its website live audio streaming of 10
each portion of the meeting that is held in open session; and 11
(ii) maintain on its website a complete and unedited archived audio 12
recording of each meeting for which live audio streaming was made available for a minimum 13
of 1 year after the date of the meeting. 14
(g) (1) This subsection applies only to the Maryland Transportation Authority. 15
(2) The Maryland Transportation Authority is required to provide live video 16
streaming of a meeting only if the meeting is held at: 17
(i) the headquarters of the Maryland Transportation Authority; or 18
(ii) a location where the Maryland Transportation Authority held at 19
least 10 meetings during the immediately preceding calendar year. 20
(h) The Department of Information Technology shall provide the technical staff, 21
support, and equipment necessary to livestream the open meetings of: 22
(1) the Maryland Transportation Authority; and 23
(2) the State Board of Elections. 24
(i) For purposes of this title, a project site visit or educational field tour may not 25
be considered a meeting of a public body listed under subsection (a) of this section if no 26
organizational business is conducted. 27
(j) Nothing in this section may be construed to prevent a public body from altering 28
the agenda of a meeting after the agenda has been made available to the public. 29
(k) The requirements of this section are in addition to the other requirements of 30
this subtitle. 31
SENATE BILL 162 9
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
October 1, 2023. 2
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.