WES MOORE, Governor Ch. 564
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Chapter 564
(Senate Bill 162)
AN ACT concerning
Maryland Aviation Commission – Duties, Composition, and Member Orientation
FOR the purpose of requiring the Maryland Aviation Commission to establish policies to
best mitigate in a certain manner actual and potential negative impacts of the local
aviation and airport industries; requiring the Commission to consider information
and advice from certain additional stakeholders when carrying out Commission
duties; requiring that certain members of the Commission appointed by the
Governor are to be selected from a list of candidates designated by a resolution of the
DC Metroplex BWI Community Roundtable recommended by certain county Senate
delegations; requiring members of the Commission to receive an orientation on
certain duties of the Commission; requiring the Commission to follow certain
procedures related to meetings of the Commission; and generally relating to the
Maryland Aviation Commission.
BY repealing and reenacting, with amendments,
Article – Transportation
Section 5–201 and 5–201.2
Annotated Code of Maryland
(2020 Replacement Volume and 2022 Supplement)
BY repealing and reenacting, with amendments,
Article – General Provisions
Section 3–307
Annotated Code of Maryland
(2019 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
5–201.
(a) There is a Maryland Aviation Commission.
(b) The Commission shall:
(1) Establish policies directed toward the Maryland Aviation
Administration’s ability to [improve]:
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(I) IMPROVE and promote the role of the Baltimore–Washington
International Thurgood Marshall Airport as an airport of service to the
Washington–Baltimore metropolitan area; AND
(II) BEST MITIGATE ACTUAL AND POTENTIAL NEGATI VE
IMPACTS OF THE LOCAL AVIATION AND AIRPORT INDUSTRIES , AS INFORMED BY THE
ACCEPTED SCIENTIFIC RESEARCH ON CREATING AND MAINTAINING HEAL THY AND
LIVABLE COMMUNITIES ;
(2) Approve regulations for the operation of the State–owned airports prior
to their adoption by the Executive Director;
(3) Direct the Administration in developing and implementing airport
management policy for all State–owned airports;
(4) Approve major capital projects, as defined in § 2–103.1(a)(4) of this
article, at any State–owned airport prior to the submission of those projects to the Governor
and General Assembly for approval;
(5) Exercise those powers granted to the Commission by this title or by any
other provision of law; and
(6) In carrying out the provisions of this subtitle, consider:
(I) CONSIDER information and advice from [the]:
(I) 1. THE air carrier industry[, the];
(II) 2. THE airport concessionaire industry[, the];
(III) 3. THE airline support services industry[, and citizen];
(IV) 4. CITIZEN advisory groups;
(V) 5. AIRPORT EMPLOYEES OR THEIR REPRESENTATIVE S;
(VI) 6. LOCAL GOVERNMENT ;
(VII) 7. CITIZENS FROM COMMUNI TIES NEAR AIRPORTS ; AND
(VIII) 8. OTHER MARYLAND COMMUNITIES THAT HAVE, OR
ARE PREDICTED TO HAV E, POTENTIALLY ADVERSE HEALTH OR LIVABILITY
COMMUNITY IMPACTS FROM AIRPORT INFRASTRUCTURE AND E CONOMIC GROWTH
DECISIONS; AND WES MOORE, Governor Ch. 564
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(II) CONSIDER THE AVIATION , ECONOMIC, BUSINESS,
ENVIRONMENTAL , HEALTH, AND COMMUNITY –RELATED IMPACTS OR A NY OTHER
IMPACTS THE COMMISSION FINDS RELE VANT TO THE DECISION S OF THE
COMMISSION OR THE ADMINISTRATION .
(c) (1) The Commission shall consist of nine 13 voting members:
(i) Eight 12 appointed by the Governor with the advice and consent
of the Senate, FOUR OF WHOM SHALL B E FROM A LIST OF PRO POSED CANDIDATES
DESIGNATED BY A RESO LUTION OF THE DC METROPLEX BWI COMMUNITY
ROUNDTABLE , OR ITS SUCCESSOR ORG ANIZATION:
1. TWO OF WHOM SHALL BE RECOMMENDED BY THE
ANNE ARUNDEL COUNTY SENATE DELEGATION; AND
2. TWO OF WHOM SHALL BE RECOMMENDED BY THE
HOWARD COUNTY SENATE DELEGATION; and
(ii) The Secretary of Transportation, who shall be the Chairman of
the Commission.
(2) The Secretary of Commerce shall serve as a nonvoting ex officio
Commission member.
(d) (1) Subject to the provisions of paragraph (3) of this subsection, the
Governor may not appoint to the Commission:
(i) An officer or employee of the State, except as provided in
subsection (c) of this section;
(ii) A representative of any entity whose principal activities are
related to the operation of State–owned airports;
(iii) A person employed by any entity whose principal activities are
related to the operation of State–owned airports; or
(iv) A member of the General Assembly.
(2) In appointing the eight 12 members of the Commission, the Governor
shall take into consideration:
(I) both BOTH the geographic and ethnic representation of the State
such that all segments of the population of the State to the extent possible are represented
on the Commission; AND Ch. 564 2023 LAWS OF MARYLAND
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(II) THE EXPERIENCE OF AN APPOINTEE IN THE AVI ATION AND
AIRPORT INDUSTRIES S UCH THAT SOME COMMISSION MEMBERS HA VE DIRECTLY
RELEVANT EXPERIENCE .
(3) Notwithstanding paragraph (1) of this subsection, a member of any
State board, commission, or authority may be appointed a member of the Maryland
Aviation Commission. Any person so appointed who is compensated by the State is not
entitled to any compensation or other emolument, except expenses incurred in connection
with attendance at hearings, meetings, field trips, and working sessions, for any services
rendered as a Commissioner.
(e) (1) Each appointed member serves for a term of 3 years and until a
successor is appointed and qualifies.
(2) The terms of the members are staggered as required by the terms
provided for members of the Commission on October 1, 1994.
(3) At the end of a term, a member continues to serve until a successor is
appointed and qualifies.
(4) A member who is appointed after a term has begun serves only for the
rest of the term and until a successor is appointed and qualifies.
(f) (1) The Commission shall meet at a time and place designated by the
Chairman of the Commission.
(2) The Commission shall meet as often as its duties require, but not less
than quarterly.
(3) (i) Attendance by five members shall constitute a quorum.
(ii) No formal action may be taken by the Commission except by an
affirmative vote of a majority of the entire Commission.
(g) Except as provided under subsection (d)(3) of this section, members of the
Commission appointed by the Governor are entitled to the compensation and expenses
provided for in the State budget. Members of the Commission are subject to the provisions
of § 8–501 of the State Government Article.
(H) (1) EACH MEMBER O F THE COMMISSION SHALL RECE IVE AN
ORIENTATION SESSION TO EDUCATE THE MEMBE R ON THE COMMISSION’S DUAL
RESPONSIBILITIES UND ER SUBSECTION (B)(1) (B) OF THIS SECTION.
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(2) (I) MEMBERS APPOINTED TO THE COMMISSION BEFORE
OCTOBER 1, 2023, SHALL RECEIVE THE ORIENTATION AS A GRO UP WITHIN A
REASONABLE TIME ON O R AFTER OCTOBER 1, 2023.
(II) MEMBERS APPOINTED TO THE COMMISSION ON OR AFTE R
OCTOBER 1, 2023, SHALL RECEIVE THE OR IENTATION ON AN INDI VIDUAL BASIS
WITHIN A REASONABLE TIME FOLLOWING APPOI NTMENT.
5–201.2.
(a) Subject to § 2–1257 of the State Government Article, the Commission shall
report by January 15 of each year to the General Assembly on the activities of the
Commission during the previous year.
(b) The report shall include:
(1) A review of the financial and operational results for all State–owned
airports during the previous year, A SUMMARY OF COMMISSION INITIATIVES
SUPPORTING HEALTHY , LIVABLE COMMUNITIES , FEEDBACK RELATED TO HEALTH
OR COMMUNITY IMPACT AND HOW THE COMMISSION ADDRESSED SUCH FEEDBACK,
and any recommendations of the Commission for future changes in legislation, capital
funding, [or] operational flexibility, OR IMPROVED MITIGATI ON OF ADVERSE HEALTH
AND LIVABILITY IMPAC TS ON NEIGHBORING AND IMPA CTED COMMUNITIES ;
(2) Subject to review by the Department of Budget and Management, an
estimate of all expenditures necessary for the operation of the Commission. The estimate
shall identify staff resources allocated to the Commission that are provided by the
Department or other State agencies; and
(3) Actions taken by the Commission pursuant to § 5–201.1(a) of this
subtitle, including the consideration of the comparative status of employees serving at
comparable airports or aeronautical agencies.
Article – General Provisions
3–307.
(a) This section applies only to the following public bodies:
(1) the Board of Directors of the Bainbridge Development Corporation;
(2) the Canal Place Preservation and Development Authority;
(3) the Maryland 9–1–1 Board;
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(4) the Board of Directors of the Maryland Agricultural and
Resource–Based Industry Corporation;
(5) the Board of Directors of the Maryland Clean Energy Center;
(6) the Board of Directors of the Maryland Economic Development
Corporation;
(7) the Board of Directors of the Maryland Environmental Service;
(8) the Maryland Food Center Authority;
(9) the Maryland Health and Higher Educational Facilities Authority;
(10) the Maryland Industrial Development Financing Authority;
(11) the Maryland Stadium Authority;
(12) the Maryland Transportation Authority;
(13) the Northeast Maryland Waste Disposal Authority;
(14) the Public Service Commission;
(15) the State Board of Elections;
(16) the Maryland Technology Development Corporation; [and]
(17) the Historic St. Mary’s City Commission; AND
(18) THE MARYLAND AVIATION COMMISSION.
(b) A public body specified in subsection (a) of this section shall make publicly
available on its website:
(1) each open meeting agenda, together with a summary of any finalized
documents, written testimony from the public, and other materials that the public body will
vote on at the open meeting:
(i) at least 48 hours in advance of each meeting; or
(ii) if the meeting is being held due to an emergency, a natural
disaster, or any other unanticipated situation, as far in advance of the meeting as
practicable;
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(2) meeting minutes from the portions of a meeting that were held in open
session, not more than 2 business days after the minutes are approved; and
(3) subject to subsections (f) and (g) of this section, live video streaming of
each portion of a meeting that is held in open session.
(c) To the extent practicable, each open meeting agenda shall indicate:
(1) whether the public body intends to adjourn the open session to a closed
session; and
(2) if applicable, the expected time at which the public body intends to
adjourn the open session to a closed session.
(d) (1) The public body shall approve meeting minutes in a timely manner.
(2) Each open meeting agenda shall include consideration of the meeting
minutes from the most recent meeting.
(3) The requirement under paragraph (2) of this subsection does not apply
to the agenda of an emergency meeting of a public body if consideration of the meeting
minutes from the most recent meeting is not practicable because of the need to hold an
emergency meeting.
(e) The public body shall maintain on its website:
(1) meeting minutes made available under subsection (b) of this section for
a minimum of 5 years after the date of the meeting; and
(2) except as provided in subsections (f) and (g) of this section, a complete
and unedited archived video recording of each open meeting for which live video streaming
was made available under subsection (b) of this section for a minimum of 1 year after the
date of the meeting.
(f) (1) This subsection applies only to the Maryland Stadium Authority.
(2) If the Maryland Stadium Authority meets by telephone conference, the
Authority shall:
(i) make publicly available on its website live audio streaming of
each portion of the meeting that is held in open session; and
(ii) maintain on its website a complete and unedited archived audio
recording of each meeting for which live audio streaming was made available for a minimum
of 1 year after the date of the meeting.
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(g) (1) This subsection applies only to the Maryland Transportation Authority.
(2) The Maryland Transportation Authority is required to provide live video
streaming of a meeting only if the meeting is held at:
(i) the headquarters of the Maryland Transportation Authority; or
(ii) a location where the Maryland Transportation Authority held at
least 10 meetings during the immediately preceding calendar year.
(h) The Department of Information Technology shall provide the technical staff,
support, and equipment necessary to livestream the open meetings of:
(1) the Maryland Transportation Authority; and
(2) the State Board of Elections.
(i) For purposes of this title, a project site visit or educational field tour may not
be considered a meeting of a public body listed under subsection (a) of this section if no
organizational business is conducted.
(j) Nothing in this section may be construed to prevent a public body from altering
the agenda of a meeting after the agenda has been made available to the public.
(k) The requirements of this section are in addition to the other requirements of
this subtitle.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2023.
Approved by the Governor, May 8, 2023.