MD
Maryland Senate Bill SB24

Maryland 2023 Regular Session

Maryland Senate Bill SB24 Compare Versions

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1- WES MOORE, Governor Ch. 455
21
3-– 1 –
4-Chapter 455
5-(Senate Bill 24)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ Italics indicate opposite chamber/conference committee amendments.
9+ *sb0024*
810
9-Department of Transportation – Consolidated Transportation Program and
10-Debt Limit of Grant Anticipation Revenue Vehicle Bonds Financing and
11-Commission on Transportation Revenue and Infrastructure Needs
12-(State and Federal Transportation Funding Act)
11+SENATE BILL 24
12+B1, R2 (3lr0696)
13+ENROLLED BILL
14+— Budget and Taxation/Appropriations —
15+Introduced by Senator McCray Senators McCray, Bailey, Benson, Corderman,
16+Elfreth, Guzzone, Hettleman, Jackson, Jennings, King, Rosapepe, Salling,
17+and Zucker
1318
14-FOR the purpose of requiring the financial forecast that supports the Consolidated
15-Transportation Program to include a reserve of a certain amount for changes in
16-certain revenue sources; repealing a requirement that the Capital Debt Affordability
17-Committee include certain debt that is secured by future federal aid within its review
18-of State tax supported debt; altering the calculation of the maximum amount of debt
19-secured by future federal aid that the Department of Transportation may issue;
20-providing that the maximum amount of debt that may be issued is calculated as of a
21-certain date; providing that the proceeds from the issuance of certain debt may be
22-used only for certain purposes; altering the maximum term of certain bonds that are
23-secured by a pledge of future federal aid; repealing the pledge of certain taxes to the
24-payment of certain bonds secured by a pledge of federal aid; establishing the
25-Maryland Commission on Transportation Revenue and Infrastructure Needs; and
26-generally relating to the Consolidated Transportation Program’s financial forecast
27-and the amount of debt that the Department of Transportation may issue debt issued
28-by the Department of Transportation that is secured by future federal aid and
29-transportation revenue and infrastructure needs.
19+Read and Examined by Proofreaders:
3020
31-BY repealing and reenacting, without amendments,
32- Article – Transportation
33-Section 2–103.1(b)
34- Annotated Code of Maryland
35- (2020 Replacement Volume and 2022 Supplement)
21+_______________________________________________
22+Proofreader.
23+_______________________________________________
24+Proofreader.
3625
37-BY repealing and reenacting, with amendments,
38- Article – Transportation
39-Section 2–103.1(m)
40- Annotated Code of Maryland
41- (2020 Replacement Volume and 2022 Supplement)
26+Sealed with the Great Seal and presented to the Governor, for his approval this
4227
43-BY repealing and reenacting, with amendments,
44- Article – State Finance and Procurement
45-Section 8–104
46- Annotated Code of Maryland
47- (2021 Replacement Volume and 2022 Supplement)
28+_______ day of _______________ at ________________________ o’clock, ________M.
4829
49-BY repealing and reenacting, with amendments, Ch. 455 2023 LAWS OF MARYLAND
30+______________________________________________
31+President.
5032
51-– 2 –
52- Article – Transportation
53-Section 3–601
54- Annotated Code of Maryland
55- (2020 Replacement Volume and 2022 Supplement)
33+CHAPTER ______
5634
57- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
58-That the Laws of Maryland read as follows:
35+AN ACT concerning 1
5936
60-Article – State Finance and Procurement
37+Department of Transportation – Consolidated Transportation Program and 2
38+Debt Limit of Grant Anticipation Revenue Vehicle Bonds Financing and 3
39+Commission on Transportation Revenue and Infrastructure Needs 4
40+(State and Federal Transportation Funding Act) 5
6141
62-8–104.
42+FOR the purpose of requiring the financial forecast that supports the Consolidated 6
43+Transportation Program to include a reserve of a certain amount for changes in 7
44+certain revenue sources; repealing a requirement that the Capital Debt Affordability 8
45+Committee include certain debt that is secured by future federal aid within its review 9
46+of State tax supported debt; altering the calculation of the maximum amount of debt 10
47+secured by future federal aid that the Department of Transportation may issue; 11
48+providing that the maximum amount of debt that may be issued is calculated as of a 12
49+certain date; providing that the proceeds from the issuance of certain debt may be 13 2 SENATE BILL 24
6350
64- (a) In this Part II of this subtitle the following words have the meanings
65-indicated.
6651
67- (b) “Committee” means the Capital Debt Affordability Committee.
52+used only for certain purposes; altering the maximum term of certain bonds that are 1
53+secured by a pledge of future federal aid; repealing the pledge of certain taxes to the 2
54+payment of certain bonds secured by a pledge of federal aid; establishing the 3
55+Maryland Commission on Transportation Revenue and Infrastructure Needs; and 4
56+generally relating to the Consolidated Transportation Program’s financial forecast 5
57+and the amount of debt that the Department of Transportation may issue debt issued 6
58+by the Department of Transportation that is secured by future federal aid and 7
59+transportation revenue and infrastructure needs. 8
6860
69- (c) (1) “Tax supported debt” means:
61+BY repealing and reenacting, without amendments, 9
62+ Article – Transportation 10
63+Section 2–103.1(b) 11
64+ Annotated Code of Maryland 12
65+ (2020 Replacement Volume and 2022 Supplement) 13
7066
71- (i) State debt; and
67+BY repealing and reenacting, with amendments, 14
68+ Article – Transportation 15
69+Section 2–103.1(m) 16
70+ Annotated Code of Maryland 17
71+ (2020 Replacement Volume and 2022 Supplement) 18
7272
73- (ii) other forms of debt, including State agency capital leases
74-supported in whole or part by State tax revenues and debt of the Department of
75-Transportation, the Maryland Stadium Authority, and other units of State government
76-which, in the opinion of the Committee, are supported directly or indirectly by State tax
77-revenues.
73+BY repealing and reenacting, with amendments, 19
74+ Article – State Finance and Procurement 20
75+Section 8–104 21
76+ Annotated Code of Maryland 22
77+ (2021 Replacement Volume and 2022 Supplement) 23
7878
79- (2) [“Tax supported debt” includes debt issued by the Department of
80-Transportation under Title 3, Subtitle 6 of the Transportation Article or by the Maryland
81-Transportation Authority under Title 4, Subtitle 3 of the Transportation Article that is
82-secured by a pledge of future federal aid from any source.
79+BY repealing and reenacting, with amendments, 24
80+ Article – Transportation 25
81+Section 3–601 26
82+ Annotated Code of Maryland 27
83+ (2020 Replacement Volume and 2022 Supplement) 28
8384
84- (3)] “Tax supported debt” does not include capital leases used to finance
85-energy performance contracts entered into under § 12–301 of this article, if, as determined
86-by the Committee, energy savings that are guaranteed by the contractor:
85+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEM BLY OF MARYLAND, 29
86+That the Laws of Maryland read as follows: 30
8787
88- (i) equal or exceed the capital lease payments on an annual basis;
89-and
88+Article – State Finance and Procurement 31
9089
91- (ii) are monitored in accordance with reporting requirements
92-adopted by the Committee.
90+8–104. 32
9391
94-Article – Transportation
92+ (a) In this Part II of this subtitle the following words have the meanings 33
93+indicated. 34
9594
96-2–103.1.
97- WES MOORE, Governor Ch. 455
95+ (b) “Committee” means the Capital Debt Affordability Committee. 35
9896
99-– 3 –
100- (b) The State Report on Transportation consists of the Consolidated
101-Transportation Program and the Maryland Transportation Plan.
97+ (c) (1) “Tax supported debt” means: 36
98+ SENATE BILL 24 3
10299
103- (m) (1) (i) Subject to § 2–1257 of the State Government Article:
104100
105- 1. On or before September 1 of each year, the Department
106-shall submit copies of the proposed Consolidated Transportation Program and the
107-supporting financial forecast to the General Assembly; and
101+ (i) State debt; and 1
108102
109- 2. On submission of the budget bill to the presiding officers
110-of the General Assembly, the Department shall submit copies of the approved Consolidated
111-Transportation Program, including the manner in which each major transportation project
112-was evaluated and ranked under § 2–103.7 of this subtitle, and the supporting financial
113-forecast to the General Assembly.
103+ (ii) other forms of debt, including State agency capital leases 2
104+supported in whole or part by State tax revenues and debt of the Department of 3
105+Transportation, the Maryland Stadium Authority, and other units of State government 4
106+which, in the opinion of the Committee, are supported directly or indirectly by State tax 5
107+revenues. 6
114108
115- (ii) Notwithstanding § 2–1257(b)(2) of the State Government Article,
116-the Department shall provide to each member of the General Assembly a copy of the
117-proposed Consolidated Transportation Program and the approved Consolidated
118-Transportation Program.
109+ (2) [“Tax supported debt” includes debt issued by the Department of 7
110+Transportation under Title 3, Subtitle 6 of the Transportation Article or by the Maryland 8
111+Transportation Authority under Title 4, Subtitle 3 of the Transportation Article that is 9
112+secured by a pledge of future federal aid from any source. 10
119113
120- (2) (i) The financial forecast supporting the Consolidated
121-Transportation Program to be submitted to the General Assembly under paragraph (1) of
122-this subsection shall include the following components:
114+ (3)] “Tax supported debt” does not include capital leases used to finance 11
115+energy performance contracts entered into under § 12–301 of this article, if, as determined 12
116+by the Committee, energy savings that are guaranteed by the contractor: 13
123117
124- 1. A schedule of operating expenses for each specific modal
125-administration;
118+ (i) equal or exceed the capital lease payments on an annual basis; 14
119+and 15
126120
127- 2. A schedule of revenues, including tax and fee revenues,
128-deductions from revenues for other agencies, Department program and fees, Motor Vehicle
129-Administration cost recovery, deductions for highway user revenues, operating revenues
130-by modal administration, and miscellaneous revenues; and
121+ (ii) are monitored in accordance with reporting requirements 16
122+adopted by the Committee. 17
131123
132- 3. A summary schedule for the Transportation Trust Fund
133-that includes the opening and closing Fund balance, revenues, transfers, bond sales, bond
134-premiums, any other revenues, expenditures for debt service, operating expenses, amounts
135-available for capital expenses, bond interest rates, bond coverage ratios, total bonds
136-outstanding, federal capital aid, and the total amount for the Transportation Capital
137-Program.
124+Article – Transportation 18
138125
139- (ii) The financial forecast shall include[, for]:
126+2–103.1. 19
140127
141- 1. FOR each of the components specified in subparagraph (i)
142-of this paragraph:
128+ (b) The State Report on Transportation consists of the Consolidated 20
129+Transportation Program and the Maryland Transportation Plan. 21
143130
144- [1.] A. Actual information for the last full fiscal year; and
145- Ch. 455 2023 LAWS OF MARYLAND
131+ (m) (1) (i) Subject to § 2–1257 of the State Government Article: 22
146132
147-– 4 –
148- [2.] B. Forecasts of the information for each of the six
149-subsequent fiscal years, including the current fiscal year, the fiscal year for the proposed
150-budget, and the next four subsequent fiscal years; AND
133+ 1. On or before September 1 of each year, the Department 23
134+shall submit copies of the proposed Consolidated Transportation Program and the 24
135+supporting financial forecast to the General Assembly; and 25
151136
152- 2. FOR THE SUMMARY OF RE VENUES AND RECEIPTS
153-COMPONENT , A LINE ITEM OF $30,000,000 FOR A RESERVE FOR CH ANGES IN
154-REVENUE SOURCES FOR EACH FISCAL YEAR INCLUDED I N THE FINANCIAL
155-FORECAST.
137+ 2. On submission of the budget bill to the presiding officers 26
138+of the General Assembly, the Department shall submit copies of the approved Consolidated 27
139+Transportation Program, including the manner in which each major transportation project 28
140+was evaluated and ranked under § 2–103.7 of this subtitle, and the supporting financial 29
141+forecast to the General Assembly. 30
156142
157- (iii) 1. For the period beyond the budget request year, the
158-financial forecast:
143+ (ii) Notwithstanding § 2–1257(b)(2) of the State Government Article, 31
144+the Department shall provide to each member of the General Assembly a copy of the 32
145+proposed Consolidated Transportation Program and the approved Consolidated 33
146+Transportation Program. 34
147+ 4 SENATE BILL 24
159148
160- A. Shall maximize the use of funds for the capital program;
161149
162- B. Except as authorized by law, may not withhold or reserve
163-funds for capital transportation grants to counties or municipal corporations; and
150+ (2) (i) The financial forecast supporting the Consolidated 1
151+Transportation Program to be submitted to the General Assembly under paragraph (1) of 2
152+this subsection shall include the following components: 3
164153
165- C. Except as provided in subsubparagraph 2 of this
166-subparagraph, shall increase the operating expenses, net of availability payments paid to
167-public–private partnership concessionaires, each year by at least the 5–year average
168-annual rate of change in the operating expenses of the Department, ending with the most
169-recently completed fiscal year.
154+ 1. A schedule of operating expenses for each specific modal 4
155+administration; 5
170156
171- 2. The assumed rate of future operating budget growth
172-under subsubparagraph 1C of this subparagraph may not increase or decrease by more
173-than 0.5 percentage points from the growth rate assumed in the previous forecast.
157+ 2. A schedule of revenues, including tax and fee revenues, 6
158+deductions from revenues for other agencies, Department program and fees, Motor Vehicle 7
159+Administration cost recovery, deductions for highway user revenues, operating revenues 8
160+by modal administration, and miscellaneous revenues; and 9
174161
175- (iv) The Department shall incorporate in the financial forecast the
176-most recent estimates by the Board of Revenue Estimates of the revenues from:
162+ 3. A summary schedule for the Transportation Trust Fund 10
163+that includes the opening and closing Fund balance, revenues, transfers, bond sales, bond 11
164+premiums, any other revenues, expenditures for debt service, operating expenses, amounts 12
165+available for capital expenses, bond interest rates, bond coverage ratios, total bonds 13
166+outstanding, federal capital aid, and the total amount for the Transportation Capital 14
167+Program. 15
177168
178- 1. The corporate income tax and the sales and use tax for
179-each of the six subsequent years, including the current fiscal year and the fiscal year for
180-the proposed budget; and
169+ (ii) The financial forecast shall include[, for]: 16
181170
182- 2. Motor fuel taxes and motor vehicle titling taxes for the
183-current fiscal year and the fiscal year for the proposed budget.
171+ 1. FOR each of the components specified in subparagraph (i) 17
172+of this paragraph: 18
184173
185-3–601.
174+ [1.] A. Actual information for the last full fiscal year; and 19
186175
187- (a) In order to utilize to the greatest extent possible the benefits of available
188-financial resources relating to transportation purposes, including federal grants, loans,
189-transportation facility revenue sources, and other programs, the Department from time to
190-time may issue its bonds and otherwise borrow funds, as provided in this subtitle, to finance
191-the costs of transportation facilities.
192- WES MOORE, Governor Ch. 455
176+ [2.] B. Forecasts of the information for each of the six 20
177+subsequent fiscal years, including the current fiscal year, the fiscal year for the proposed 21
178+budget, and the next four subsequent fiscal years; AND 22
193179
194-– 5 –
195- (b) The Department may apply for any financial assistance in support of projects
196-deemed appropriate by the Secretary.
180+ 2. FOR THE SUMMARY OF RE VENUES AND RECEIPTS 23
181+COMPONENT , A LINE ITEM OF $30,000,000 FOR A RESERVE FOR CH ANGES IN 24
182+REVENUE SOURCES FOR EACH FISCAL YEAR INC LUDED IN THE FINANCIAL 25
183+FORECAST. 26
197184
198- (c) The Department may undertake the following actions and do all things
199-necessary and appropriate consistent with such actions to utilize the available resources
200-specified in subsection (a) of this section:
185+ (iii) 1. For the period beyond the budget request year, the 27
186+financial forecast: 28
201187
202- (1) Pledge and use existing and anticipated federal funds paid to or
203-expected to be paid to the Department for transportation purposes for the payment of the
204-principal of and interest on the Department’s bonds or other debt obligations issued under
205-this subtitle to finance the costs of transportation facilities; and
188+ A. Shall maximize the use of funds for the capital program; 29
206189
207- (2) (i) Borrow funds from the federal government or its agencies, and
208-evidence such borrowing with a promissory note or other evidence of obligation;
190+ B. Except as authorized by law, may not withhold or reserve 30
191+funds for capital transportation grants to counties or municipal corporations; and 31
209192
210- (ii) Borrow funds from a nongovernment lender if the loan is
211-guaranteed by the federal government or its agencies; and
193+ C. Except as provided in subsubparagraph 2 of this 32
194+subparagraph, shall increase the operating expenses, net of availability payments paid to 33
195+public–private partnership concessionaires, each year by at least the 5–year average 34 SENATE BILL 24 5
212196
213- (iii) 1. Use the proceeds of the loans described in items (i) and (ii)
214-of this paragraph in connection with transportation facilities including use of the proceeds
215-to pay the costs of financing transportation facilities and the payment of debt service on the
216-Department’s bonds issued in connection with such transportation facilities;
217197
218- 2. Repay the loans with revenues attributable to the
219-transportation facilities being financed; and
198+annual rate of change in the operating expenses of the Department, ending with the most 1
199+recently completed fiscal year. 2
220200
221- 3. Pledge revenues attributable to the transportation
222-facilities being financed in order to secure the Department’s obligations to the federal
223-government or its agencies or a nongovernment lender in connection with the loans.
201+ 2. The assumed rate of future operating budget growth 3
202+under subsubparagraph 1C of this subparagraph may not increase or decrease by more 4
203+than 0.5 percentage points from the growth rate assumed in the previous forecast. 5
224204
225- (d) If the Department intends to pledge any future federal aid from any source to
226-support repayment of bonds issued under this subtitle:
205+ (iv) The Department shall incorporate in the financial forecast the 6
206+most recent estimates by the Board of Revenue Estimates of the revenues from: 7
227207
228- (1) The aggregate OUTSTANDING AND UNPA ID principal amount of debt
229-issued under this subtitle or Title 4, Subtitle 3 of this article that is secured by a pledge of
230-future federal aid may not exceed $750,000,000 $1,000,000,000 AS OF JUNE 30 OF ANY
231-FISCAL YEAR, PROVIDED THAT THE PR OCEEDS MAY BE USED O NLY FOR:
208+ 1. The corporate income tax and the sales and use tax for 8
209+each of the six subsequent years, including the current fiscal year and the fiscal year for 9
210+the proposed budget; and 10
232211
233- (I) DESIGNING AND CONSTRU CTING THE BALTIMORE RED
234-LINE;
212+ 2. Motor fuel taxes and motor vehicle titling taxes for the 11
213+current fiscal year and the fiscal year for the proposed budget. 12
235214
236- (II) PROCURING ELECTRIC BUSES AND C ONSTRUCTING
237-RELATED INFRASTRUCTU RE ZERO–EMISSION BUSES CONSI STENT WITH § 7–406 OF
238-THE TRANSPORTATION ARTICLE AND CONSTRUCT ING RELATED INFRASTR UCTURE,
239-INCLUDING BUS MAINTE NANCE FACILITIES ;
240- Ch. 455 2023 LAWS OF MARYLAND
215+3–601. 13
241216
242-– 6 –
243- (III) REHABILITATING OR REP LACING THE SUSQUEHANNA
244-RIVER RAIL BRIDGE;
217+ (a) In order to utilize to the greatest extent possible the benefits of available 14
218+financial resources relating to transportation purposes, including federal grants, loans, 15
219+transportation facility revenue sources, and other programs, the Department from time to 16
220+time may issue its bonds and otherwise borrow funds, as provided in this subtitle, to finance 17
221+the costs of transportation facilities. 18
245222
246- (IV) REPLACING THE BALTIMORE AND POTOMAC TUNNEL WITH
247-THE FREDERICK DOUGLASS TUNNEL;
223+ (b) The Department may apply for any financial assistance in support of projects 19
224+deemed appropriate by the Secretary. 20
248225
249- (V) DEVELOPING AND CONSTR UCTING THE SOUTHERN
250-MARYLAND RAPID TRANSIT CORRIDOR; OR
226+ (c) The Department may undertake the following actions and do all things 21
227+necessary and appropriate consistent with such actions to utilize the available resources 22
228+specified in subsection (a) of this section: 23
251229
252- (VI) (IV) IMPROVING CAPACITY OR RUN–THROUGH SERVICE
253-ON THE BRUNSWICK, CAMDEN, OR PENN LINES OF THE MARYLAND AREA
254-REGIONAL COMMUTER (MARC) RAIL SYSTEM; DESIGNING AND CONSTRU CTING
255-IMPROVEMENTS TO THE MARYLAND ROUTE 2 AND ROUTE 4 CORRIDOR, INCLUDING
256-THE THOMAS JOHNSON BRIDGE;
230+ (1) Pledge and use existing and anticipated federal funds paid to or 24
231+expected to be paid to the Department for transportation purposes for the payment of the 25
232+principal of and interest on the Department’s bonds or other debt obligations issued under 26
233+this subtitle to finance the costs of transportation facilities; and 27
257234
258- (V) DESIGNING AND CONSTRU CTING IMPROVEMENTS T O THE
259-MARYLAND ROUTE 90 CORRIDOR; OR
235+ (2) (i) Borrow funds from the federal government or its agencies, and 28
236+evidence such borrowing with a promissory note or other evidence of obligation; 29
260237
261- (VI) DESIGNING AND CONSTRU CTING IMPROVEMENTS T O THE
262-INTERSTATE 81 CORRIDOR;
238+ (ii) Borrow funds from a nongovernment lender if the loan is 30
239+guaranteed by the federal government or its agencies; and 31
263240
264- (2) The date of maturity may not be later than 12 15 years after the date
265-of issue; AND
241+ (iii) 1. Use the proceeds of the loans described in items (i) and (ii) 32
242+of this paragraph in connection with transportation facilities including use of the proceeds 33
243+to pay the costs of financing transportation facilities and the payment of debt service on the 34
244+Department’s bonds issued in connection with such transportation facilities; 35 6 SENATE BILL 24
266245
267- (3) Notwithstanding § 3–215(d) of this title, if future federal aid is
268-insufficient to pay the principal of and interest on the bonds issued under this subtitle when
269-due, the tax levied under § 3–215 of this title, to the extent the proceeds of such tax are not
270-necessary to provide the sinking fund required under § 3–215(c) of this title, is irrevocably
271-pledged to the payment of the principal of and interest on the bonds issued under this
272-subtitle as they become due and payable;
273246
274- (4) The lien of the pledge under item (3) of this subsection shall at all times
275-be subordinate to the lien of the pledge of such tax under § 3–215(d) of this title to the
276-payment of principal of and interest on consolidated transportation bonds; and
277247
278- (5) (3) No part of the tax levied under § 3–215 of this title may be
279-repealed, diminished, or applied to any other purpose until:
248+ 2. Repay the loans with revenues attributable to the 1
249+transportation facilities being financed; and 2
280250
281- (i) The bonds issued under this subtitle and interest on them have
282-become due and fully paid; or
251+ 3. Pledge revenues attributable to the transportation 3
252+facilities being financed in order to secure the Department’s obligations to the federal 4
253+government or its agencies or a nongovernment lender in connection with the loans. 5
283254
284- (ii) Adequate and complete provision for payment of the principal
285-and interest has been made.
255+ (d) If the Department intends to pledge any future federal aid from any source to 6
256+support repayment of bonds issued under this subtitle: 7
286257
287- (e) (1) By resolution of the Secretary, the Department may: WES MOORE, Governor Ch. 455
258+ (1) The aggregate OUTSTANDING AND UNPA ID principal amount of debt 8
259+issued under this subtitle or Title 4, Subtitle 3 of this article that is secured by a pledge of 9
260+future federal aid may not exceed $750,000,000 $1,000,000,000 AS OF JUNE 30 OF ANY 10
261+FISCAL YEAR, PROVIDED THAT THE PR OCEEDS MAY BE USED O NLY FOR: 11
288262
289-– 7 –
263+ (I) DESIGNING AND CONSTRU CTING THE BALTIMORE RED 12
264+LINE; 13
290265
291- (i) Borrow funds to finance the costs of transportation facilities;
266+ (II) PROCURING ELECTRIC BUSES AND C ONSTRUCTING 14
267+RELATED INFRASTRUCTU RE ZERO–EMISSION BUSES CONSI STENT WITH § 7–406 OF 15
268+THE TRANSPORTATION ARTICLE AND CONSTRUCT ING RELATED INFRASTR UCTURE, 16
269+INCLUDING BUS MA INTENANCE FACILITIES ; 17
292270
293- (ii) Evidence the borrowing by the issuance and sale of
294-revenue–backed bonds; and
271+ (III) REHABILITATING OR REP LACING THE SUSQUEHANNA 18
272+RIVER RAIL BRIDGE; 19
295273
296- (iii) Pledge and use a dedicated revenue source, which may include
297-revenues attributable to the transportation facilities being financed, for the payment of the
298-principal of and interest on the Department’s revenue–backed bonds described in this
299-subsection.
274+ (IV) REPLACING THE BALTIMORE AND POTOMAC TUNNEL WITH 20
275+THE FREDERICK DOUGLASS TUNNEL; 21
300276
301- (2) Payment of the principal of or interest on revenue–backed bonds issued
302-under this subtitle may not be supported directly or indirectly by State tax revenues
303-pledged to meet debt service on Consolidated Transportation Bonds as prescribed under §
304-3–215 of this title.
277+ (V) DEVELOPING AND CONSTR UCTING THE SOUTHERN 22
278+MARYLAND RAPID TRANSIT CORRIDOR; OR 23
305279
306- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
307-1, 2023.
280+ (VI) (IV) IMPROVING CAPACITY OR RUN–THROUGH SERVICE 24
281+ON THE BRUNSWICK, CAMDEN, OR PENN LINES OF THE MARYLAND AREA 25
282+REGIONAL COMMUTER (MARC) RAIL SYSTEM; DESIGNING AND CONSTRU CTING 26
283+IMPROVEMENTS TO THE MARYLAND ROUTE 2 AND ROUTE 4 CORRIDOR, INCLUDING 27
284+THE THOMAS JOHNSON BRIDGE; 28
308285
309- SECTION 2. AND BE IT FURTHER ENACTED, That:
286+ (V) DESIGNING AND CONSTRU CTING IMPROVEMENTS T O THE 29
287+MARYLAND ROUTE 90 CORRIDOR; OR 30
310288
311- (a) There is a Maryland Commission on Transportation Revenue and
312-Infrastructure Needs.
289+ (VI) DESIGNING AND CONSTRU CTING IMPROVEMENTS T O THE 31
290+INTERSTATE 81 CORRIDOR; 32
291+ SENATE BILL 24 7
313292
314- (b) The Commission consists of:
315293
316- (1) (i) subject to item (iii) of this item, three members of the Senate of
317-Maryland, appointed by the President of the Senate;
294+ (2) The date of maturity may not be later than 12 15 years after the date 1
295+of issue; AND 2
318296
319- (2) (ii) subject to item (iii) of this item, three members of the House of
320-Delegates, appointed by the Speaker of the House; and
297+ (3) Notwithstanding § 3–215(d) of this title, if future federal aid is 3
298+insufficient to pay the principal of and interest on the bonds issued under this subtitle when 4
299+due, the tax levied under § 3–215 of this title, to the extent the proceeds of such tax are not 5
300+necessary to provide the sinking fund required under § 3–215(c) of this title, is irrevocably 6
301+pledged to the payment of the principal of and interest on the bonds issued under this 7
302+subtitle as they become due and payable; 8
321303
322- (iii) of the six members appointed under items (i) and (ii) of this item:
304+ (4) The lien of the pledge under item (3) of this subsection shall at all times 9
305+be subordinate to the lien of the pledge of such tax under § 3–215(d) of this title to the 10
306+payment of principal of and interest on consolidated transportation bonds; and 11
323307
324- 1. one member shall represent the core service area of the
325-Maryland Transit Administration, as defined in § 7–301.1 of the Transportation Article;
326-and
308+ (5) (3) No part of the tax levied under § 3–215 of this title may be 12
309+repealed, diminished, or applied to any other purpose until: 13
327310
328- 2. one member shall represent the Washington Metropolitan
329-Area Transit Authority service area; and
311+ (i) The bonds issued under this subtitle and interest on them have 14
312+become due and fully paid; or 15
330313
331- (3) (2) the following members appointed by the Governor:
314+ (ii) Adequate and complete provision for payment of the principal 16
315+and interest has been made. 17
332316
333- (i) the Secretary of Transportation;
317+ (e) (1) By resolution of the Secretary, the Department may: 18
334318
335- (ii) the Secretary of Budget and Management; Ch. 455 2023 LAWS OF MARYLAND
319+ (i) Borrow funds to finance the costs of transportation facilities; 19
336320
337-– 8 –
321+ (ii) Evidence the borrowing by the issuance and sale of 20
322+revenue–backed bonds; and 21
338323
339- (iii) the Secretary of Commerce;
324+ (iii) Pledge and use a dedicated revenue source, which may include 22
325+revenues attributable to the transportation facilities being financed, for the payment of the 23
326+principal of and interest on the Department’s revenue–backed bonds described in this 24
327+subsection. 25
340328
341- (iv) the Secretary of Planning;
329+ (2) Payment of the principal of or interest on revenue–backed bonds issued 26
330+under this subtitle may not be supported directly or indirectly by State tax revenues 27
331+pledged to meet debt service on Consolidated Transportation Bonds as prescribed under § 28
332+3–215 of this title. 29
342333
343- (v) a representative of the Washington Metropolitan Transit
344-Authority;
334+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 30
335+1, 2023. 31
345336
346- (vi) two modal administrators from the Department of
347-Transportation, selected by the Secretary of Transportation;
337+ SECTION 2. AND BE IT FURTHER ENACTED, That: 32
338+ 8 SENATE BILL 24
348339
349- (vii) three representatives from the business community, including
350-two representatives of statewide or regional organizations;
351340
352- (viii) two representatives of the transit community;
341+ (a) There is a Maryland Commission on Transportation Revenue and 1
342+Infrastructure Needs. 2
353343
354- (ix) two representatives of the environmental community;
344+ (b) The Commission consists of: 3
355345
356- (x) a representative of the American Automobile Association;
346+ (1) (i) subject to item (iii) of this item, three members of the Senate of 4
347+Maryland, appointed by the President of the Senate; 5
357348
358- (xi) a representative of the freight rail industry;
349+ (2) (ii) subject to item (iii) of this item, three members of the House of 6
350+Delegates, appointed by the Speaker of the House; and 7
359351
360- (xii) a representative of the motor carrier industry;
352+ (iii) of the six members appointed under items (i) and (ii) of this item: 8
361353
362- (xiii) a representative of the Maryland Association of Counties;
354+ 1. one member shall represent the core service area of the 9
355+Maryland Transit Administration, as defined in § 7–301.1 of the Transportation Article; 10
356+and 11
363357
364- (xiv) a representative of the transportation construction industry;
358+ 2. one member shall represent the Washington Metropolitan 12
359+Area Transit Authority service area; and 13
365360
366- (xv) a representative of the Maryland Municipal League;
361+ (3) (2) the following members appointed by the Governor: 14
367362
368- (xvi) a representative of the cycling advocacy community;
363+ (i) the Secretary of Transportation; 15
369364
370- (xvii) two representatives of labor unions; and
365+ (ii) the Secretary of Budget and Management; 16
371366
372- (xviii) two individuals representing rural areas in the State.
367+ (iii) the Secretary of Commerce; 17
373368
374- (c) The Governor shall designate the chair of the Commission after consultation
375-with the President of the Senate and the Speaker of the House.
369+ (iv) the Secretary of Planning; 18
376370
377- (d) To the extent practicable, the President of the Senate, the Speaker of the
378-House, and the Governor shall attempt to ensure regional, economic, ethnic, and gender
379-diversity on the Commission.
371+ (v) a representative of the Washington Metropolitan Transit 19
372+Authority; 20
380373
381- (e) A member of the Commission:
374+ (vi) two modal administrators from the Department of 21
375+Transportation, selected by the Secretary of Transportation; 22
382376
383- (1) may not receive compensation as a member of the Commission; but WES MOORE, Governor Ch. 455
377+ (vii) three representatives from the business community, including 23
378+two representatives of statewide or regional organizations; 24
384379
385-– 9 –
380+ (viii) two representatives of the transit community; 25
386381
387- (2) is entitled to reimbursement of expenses under the Standard State
388-Travel Regulations, as provided in the State budget.
382+ (ix) two representatives of the environmental community; 26
389383
390- (f) The Department of Transportation and the Department of Legislative
391-Services shall provide staff support to the Commission.
384+ (x) a representative of the American Automobile Association; 27
392385
393- (g) The Commission shall review, evaluate, and make recommendations
394-concerning:
386+ (xi) a representative of the freight rail industry; 28
387+ SENATE BILL 24 9
395388
396- (1) the current State funding sources and structure of the Maryland
397-Transportation Trust Fund, including:
398389
399- (i) revenue trends that demonstrate weaknesses in the stability of
400-the Trust Fund; and
390+ (xii) a representative of the motor carrier industry; 1
401391
402- (ii) trends in operating and capital expenditures, and how existing
403-resources have constrained programming;
392+ (xiii) a representative of the Maryland Association of Counties; 2
404393
405- (iii) trends in the General Fund and general obligation support for
406-State transportation expenditures and an analysis of whether this approach to support
407-should continue or transportation expenditures should solely be supported by the
408-Transportation Trust Fund; and
394+ (xiv) a representative of the transportation construction industry; 3
409395
410- (iv) whether revenue funds for transit and roads, bridges, and tunnels
411-should be segregated;
396+ (xv) a representative of the Maryland Municipal League; 4
412397
413- (2) the methods that other states are employing to fund state
414-transportation operating and capital programs including toll revenue,
415-vehicle–miles–traveled fees, fees on zero–emission vehicles, and non–transportation–related
416-revenue options;
398+ (xvi) a representative of the cycling advocacy community; 5
417399
418- (3) short– and long–term construction and maintenance funding needs for
419-transit, highway, pedestrian, bicycle, heavy rail, shipping, air travel, and other
420-transportation needs;
400+ (xvii) two representatives of labor unions; and 6
421401
422- (4) options for public–private partnerships, including partnerships with
423-local governments, to meet transportation funding needs including funding options;
402+ (xviii) two individuals representing rural areas in the State. 7
424403
425- (5) changes in transportation technology and trends that will impact
426-transportation infrastructure needs and costs to the State;
404+ (c) The Governor shall designate the chair of the Commission after consultation 8
405+with the President of the Senate and the Speaker of the House. 9
427406
428- (6) existing practices for prioritizing project funding and options to better
429-prioritize needs, including local and legislative priorities;
430- Ch. 455 2023 LAWS OF MARYLAND
407+ (d) To the extent practicable, the President of the Senate, the Speaker of the 10
408+House, and the Governor shall attempt to ensure regional, economic, ethnic, and gender 11
409+diversity on the Commission. 12
431410
432-– 10 –
433- (7) the structure of regional transportation authorities and the ability of
434-these authorities to meet transportation needs in various regions of the State; and
411+ (e) A member of the Commission: 13
435412
436- (8) options for sustainable, long–term revenue sources for transportation;
437-and
413+ (1) may not receive compensation as a member of the Commission; but 14
438414
439- (9) options for improving the Maryland Department of Transportation’s
440-ability and capacity to deliver major capital projects.
415+ (2) is entitled to reimbursement of expenses under the Standard State 15
416+Travel Regulations, as provided in the State budget. 16
441417
442- (h) On or before January 1, 2024, the Commission shall submit an interim report
443-of its findings and recommendations to the Governor and, in accordance with § 2–1257 of
444-the State Government Article, the General Assembly.
418+ (f) The Department of Transportation and the Department of Legislative 17
419+Services shall provide staff support to the Commission. 18
445420
446- (i) On or before January 1, 2025, the Commission shall submit a final report of
447-its findings and recommendations to the Governor and, in accordance with § 2–1257 of the
448-State Government Article, the General Assembly.
421+ (g) The Commission shall review, evaluate, and make recommendations 19
422+concerning: 20
449423
450- SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July
451-1, 2023. Section 2 of this Act shall remain effective for a period of 2 years and, at the end of
452-June 30, 2025, Section 2 of this Act, with no further action required by the General
453-Assembly, shall be abrogated and of no further force and effect.
424+ (1) the current State funding sources and structure of the Maryland 21
425+Transportation Trust Fund, including: 22
454426
455-Approved by the Governor, May 8, 2023.
427+ (i) revenue trends that demonstrate weaknesses in the stability of 23
428+the Trust Fund; and 24
429+
430+ (ii) trends in operating and capital expenditures, and how existing 25
431+resources have constrained programming; 26
432+
433+ (iii) trends in the General Fund and general obligation support for 27
434+State transportation expenditures and an analysis of whether this approach to support 28
435+should continue or transportation expenditures should solely be supported by the 29
436+Transportation Trust Fund; and 30 10 SENATE BILL 24
437+
438+
439+
440+ (iv) whether revenue funds for transit and roads, bridges, and tunnels 1
441+should be segregated; 2
442+
443+ (2) the methods that other states are employing to fund state 3
444+transportation operating and capital programs including toll revenue, 4
445+vehicle–miles–traveled fees, fees on zero–emission vehicles, and non–transportation–related 5
446+revenue options; 6
447+
448+ (3) short– and long–term construction and maintenance funding needs for 7
449+transit, highway, pedestrian, bicycle, heavy rail, shipping, air travel, and other 8
450+transportation needs; 9
451+
452+ (4) options for public–private partnerships, including partnerships with 10
453+local governments, to meet transportation funding needs including funding options; 11
454+
455+ (5) changes in transportation technology and trends that will impact 12
456+transportation infrastructure needs and costs to the State; 13
457+
458+ (6) existing practices for prioritizing project funding and options to better 14
459+prioritize needs, including local and legislative priorities; 15
460+
461+ (7) the structure of regional transportation authorities and the ability of 16
462+these authorities to meet transportation needs in various regions of the State; and 17
463+
464+ (8) options for sustainable, long–term revenue sources for transportation; 18
465+and 19
466+
467+ (9) options for improving the Maryland Department of Transportation’s 20
468+ability and capacity to deliver major capital projects. 21
469+
470+ (h) On or before January 1, 2024, the Commission shall submit an interim report 22
471+of its findings and recommendations to the Governor and, in accordance with § 2–1257 of 23
472+the State Government Article, the General Assembly. 24
473+
474+ (i) On or before January 1, 2025, the Commission shall submit a final report of 25
475+its findings and recommendations to the Governor and, in accordance with § 2–1257 of the 26
476+State Government Article, the General Assembly. 27
477+
478+ SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 28
479+1, 2023. Section 2 of this Act shall remain effective for a period of 2 years and, at the end of 29
480+June 30, 2025, Section 2 of this Act, with no further action required by the General 30
481+Assembly, shall be abrogated and of no further force and effect. 31
482+
483+
484+