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. *sb0876* SENATE BILL 876 R2 3lr2036 CF HB 794 By: Senator M. Washington Introduced and read first time: February 6, 2023 Assigned to: Finance Committee Report: Favorable with amendments Senate action: Adopted Read second time: March 9, 2023 CHAPTER ______ AN ACT concerning 1 Baltimore Regional Transit Commission – Establishment 2 FOR the purpose of establishing the Baltimore Regional Transit Commission to review and 3 approve comment on annual budget requests of the Maryland Transit 4 Administration, updates to the Central Maryland Transportation Plan, and certain 5 annual reports on the Administration’s state of good repair, and to perform other 6 oversight and advocacy duties related to Baltimore region transit services; and 7 generally relating to the Baltimore Regional Transit Commission. 8 BY adding to 9 Article – Transportation 10 Section 7–213 11 Annotated Code of Maryland 12 (2020 Replacement Volume and 2022 Supplement) 13 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14 That the Laws of Maryland read as follows: 15 Article – Transportation 16 7–213. 17 (A) THERE IS A BALTIMORE REGIONAL TRANSIT COMMISSION. 18 (B) THE COMMISSION CONSISTS O F THE FOLLOWING MEMB ERS: 19 2 SENATE BILL 876 (1) ONE MEMBER OF THE SENATE OF MARYLAND, APPOINTED BY THE 1 PRESIDENT OF THE SENATE; 2 (2) ONE MEMBER OF THE HOUSE OF DELEGATES, APPOINTED BY THE 3 SPEAKER OF THE HOUSE; 4 (3) (1) THE FOLLOWING SIX MEM BERS FROM BALTIMORE CITY, 5 APPOINTED AS FOLLOWS : 6 (I) FOUR THREE MEMBERS APPOINTED BY THE GOVERNOR, 7 INCLUDING: 8 1. AT LEAST ONE MEMBER W HO USES TRANSIT IN T HE 9 BALTIMORE REGION ; AND 10 2. AT LEAST ONE MEMBER F ROM THE BUSINESS 11 COMMUNITY ; AND 12 (II) TWO THREE MEMBERS APPOINTED BY THE MAYOR OF 13 BALTIMORE CITY; 14 (4) (2) THE FOLLOWING FIVE FOUR MEMBERS FROM BALTIMORE 15 COUNTY, APPOINTED AS FOLLOWS : 16 (I) THREE TWO MEMBERS APPOINTED BY THE GOVERNOR, 17 INCLUDING: 18 1. AT LEAST ONE MEMBER W HO USES TRANSIT IN T HE 19 BALTIMORE REGION ; AND 20 2. AT LEAST ONE MEMBER F ROM THE BUSINESS 21 COMMUNITY ; AND 22 (II) TWO MEMBERS APPOINTED BY THE COUNTY EXECUTIVE OF 23 BALTIMORE COUNTY; 24 (5) (3) THE FOLLOWING TWO MEM BERS FROM ANNE ARUNDEL 25 COUNTY, APPOINTED AS FOLLOWS : 26 (I) ONE MEMBER APPOINTED BY THE GOVERNOR; AND 27 (II) ONE MEMBER APPOINTED BY THE COUNTY EXECUTIVE OF 28 ANNE ARUNDEL COUNTY; 29 SENATE BILL 876 3 (6) (4) THE FOLLOWING TWO MEM BERS FROM HOWARD COUNTY, 1 APPOINTED AS FOLLOWS : 2 (I) ONE MEMBER APPOINTED B Y THE GOVERNOR; AND 3 (II) ONE MEMBER APPOINTED BY THE COUNTY EXECUTIVE OF 4 HOWARD COUNTY; AND 5 (7) (5) ONE NONVOTING MEMBER WHO IS AN EMPLOYEE O F THE 6 ADMINISTRATION AND IS A MEMBER OF THE LARGEST LABOR UNION IN THE 7 BALTIMORE REGION AMALGAMATED TRANSIT UNION LOCAL LABOR UNI ON, 8 DESIGNATED BY THE LA BOR UNION; AND 9 (6) THE SECRETARY OR THE SECRETARY’S DESIGNEE, WHO SHALL 10 VOTE ONLY IN THE CAS E OF A TIE. 11 (C) (1) THE COMMISSION SHALL SELE CT A CHAIR AND A VIC E CHAIR 12 FROM AMONG ITS MEMBERS. 13 (2) THE CHAIR AND VICE CH AIR SHALL EACH SERVE A TERM OF 2 14 YEARS IN THOSE CAPAC ITIES. 15 (D) (1) THE TERM OF A COMMISS IONER IS 3 YEARS. 16 (2) A COMMISSIONER MAY NOT SERVE MORE THAN TWO 17 CONSECUTIVE TERMS . 18 (3) THE TERM OF A COMMISS IONER BEGINS JANUARY 1, 2024. 19 (4) THE TERMS OF THE MEMB ERS ARE STAGGERED AS REQUIRED BY 20 THE TERMS PROVIDED F OR MEMBERS OF THE COMMISSION ON JANUARY 1, 2024. 21 (5) AT THE END OF A TERM , A COMMISSIONER CONTI NUES TO SERVE 22 UNTIL A SUCCESSOR IS APPOINT ED. 23 (E) (1) THE BALTIMORE METROPOLITAN COUNCIL SHALL PROVIDE 24 STAFF FOR THE COMMISSION. 25 (2) THE ADMINISTRATION SHALL ALLOCATE FUNDS FOR 26 OPERATIONAL EXPENSES INCURRED BY THE COMMISSION, INCLUDING FUNDING 27 FOR ONE SENIOR PLANN ER AND TWO JUNIOR PLANNER STA FFING POSITIONS . 28 (F) A MEMBER OF THE COMMISSION: 29 4 SENATE BILL 876 (1) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF THE 1 COMMISSION; BUT 2 (2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER THE 3 STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET . 4 (G) THE COMMISSION SHALL : 5 (1) ORGANIZE AND ESTABLIS H POLICIES AND PROCE DURES FOR THE 6 OPERATIONS OF THE COMMISSION, INCLUDING CONFLICT O F INTEREST STANDARDS 7 THAT PROHIBIT A COMM ISSIONER FROM HAVING ANY INAPPROPRIATE FI NANCIAL 8 OR NONFINANCI AL INTEREST IN A MAT TER OVER WHICH THE COMMISSION HAS 9 JURISDICTION; 10 (2) NOT LATER THAN 6 MONTHS AFTER THE COMMISSION FIRST 11 MEETS, ADOPT BYLAWS TO GOVE RN THE OPERATIONS OF THE COMMISSION; 12 (3) (I) MEET AT LEAST QUARTER LY; AND 13 (II) ACCEPT PUBLIC COMMENT S DURING THE MEETING S AND, 14 AT ALL TIMES, ELECTRONICALLY ; 15 (4) INCLUDE IN THE QUARTE RLY AGENDA EACH OF T HE FOLLOWING 16 TOPICS AT LEAST ONCE EACH YEAR: 17 (I) THE STATE OF GOOD REPAIR CAPITAL NEEDS INVENTORY 18 REPORT; 19 (II) THE CONSOLIDATED TRANSPORTATION PROGRAM 20 PRIORITIES AND INITI AL BUDGET REQUESTS U NDER § 2–103.1 OF THIS ARTICLE ; 21 AND 22 (III) ANY BUDGET REQUEST AP PROVAL; AND 23 (IV) ANY UPDATE ON THE CENTRAL MARYLAND REGIONAL 24 TRANSIT PLAN UNDER § 7–301.1 OF THIS TITLE; 25 (5) (I) KEEP MINUTES OF COMMISSION MEETINGS A ND MAINTAIN 26 PROPER RECORDS OF AL L COMMISSION ACTIVITY ; AND 27 (II) POST ALL MINUTES , RECORDS, NOTICES, COMMENTS , OR 28 OTHER INFORMATION IS SUED BY THE COMMISSION OR RECEIVE D FROM THE PUBLIC 29 ON A PUBLIC WEBSITE ESTABLISHED AND MAIN TAINED BY THE COMMISSION; 30 SENATE BILL 876 5 (6) EXERCISE OVERSIGHT OF PROVIDE INPUT AND ENGAGE IN 1 ADVOCACY FOR THE BALTIMORE REGION PUBL IC TRANSIT SYSTEMS M AINTAINED 2 BY THE ADMINISTRATION ; 3 (7) REVIEW ANY REPORT PRE PARED BY OR FOR REQUEST AND 4 REVIEW INFORMATION F ROM THE ANNUAL ATTAINMENT REPORT AND THE 5 ADMINISTRATION CONCER NING THE ATTAINMENT OF THE ADMINISTRATION ’S 6 GOALS, INCLUDING PERFORMANC E GOALS AND METRICS , EVALUATE ANY OTHER 7 MEASURES OF THE PERF ORMANCE OF THE BALTIMORE REGION TRAN SIT SYSTEM, 8 AND ISSUE WRITTEN RECOMMENDATIONS CONC ERNING HOW THE RESUL TS OF THE 9 COMMISSION’S REVIEW AND EVALUAT ION SHOULD INFLUENCE THE 10 ADMINISTRATION ’S PRIORITIES IN FUTU RE YEARS; 11 (8) REVIEW AND COMMENT ON TRANSPORTATION OPERA TIONS, 12 PLANS, AND SERVICES PROPOS ED FOR THE BALTIMORE REGION THAT 13 COMPLEMENT THE TRANS IT PLANS AND SERVICE S OF THE ADMINISTRATION 14 SERVICE CHANGE REPOR TS AND MAJOR SERVICE CHANGE PROPOSALS ON A 15 QUARTERLY BASIS ; 16 (9) REVIEW AND APPROVE COMMENT ON THE ADMINISTRATION ’S 17 ANNUAL OPERATING AND CAPITAL BUDGET REQUE ST FOR THE BALTIMORE REGION , 18 INCLUDING BUS , LIGHT RAIL, METRO, COMMUTER BUS , MARC SERVICE, AND 19 PARATRANSIT AS PART OF THE DEVEL OPMENT OF THE DRAFT AND FINAL 20 CONSOLIDATED TRANSPORTATION PROGRAM; 21 (10) CONVENE SUBCOMMITTEES OR OTHER APPROPRIATE ENTITIES 22 TO GATHER INFORMATIO N AND SUGGESTIONS FR OM NONPROFIT ORGANIZATI ONS, 23 CIVIC FOUNDATIONS , EMPLOYERS , AND TRANSIT RIDERS R EGARDING TRANSIT 24 SERVICE IN THE BALTIMORE REGION ; 25 (11) AS IT DEEMS APPROPRIA TE, PROPOSE TO THE ADMINISTRATION 26 AND THE GENERAL ASSEMBLY POLICIES THA T PROMOTE PUBLIC SAF ETY, 27 TRANSPARENCY , ACCOUNTABILITY , CUSTOMER SERVICE , REGULAR 28 COMMUNICATION WITH T HE PUBLIC, AND PRUDENT FINANCIA L DECISION MAKING 29 IN THE BALTIMORE REGION ; 30 (12) REVIEW AND APPROVE AN Y UPDATE TO THE CENTRAL 31 MARYLAND REGIONAL TRANSIT PLAN; 32 (13) SUBMIT FORMAL COMMENT ON THE CONSOLIDATED 33 TRANSPORTATION PROGRAM; 34 (14) (11) REVIEW AND APPROVE AN ANNUAL PL AN ON THE STATE OF 35 GOOD REPAIR COMMENT ON THE CAPITAL NEEDS INVENTORY REPORT; AND 36 6 SENATE BILL 876 (15) (12) REVIEW LOCAL TRANSIT PLANS AND SERVICES I N THE 1 BALTIMORE REGION TO E NSURE COORDINATION B ETWEEN THE LOCAL TRA NSIT 2 SERVICES AND THE ADMINISTRATION . 3 (H) IN CARRYING OUT ITS D UTIES UNDER SUBSECTI ON (G) OF THIS 4 SECTION, THE COMMISSION SHALL ENDE AVOR TO ENSURE THAT THE 5 ADMINISTRATION ’S PLANS, BUDGETS, DECISIONS, POLICIES, GOALS, PRIORITIES, 6 OPERATIONS, AND SERVICES ADDRESS THE PUBLIC TRANSIT N EEDS OF RESIDENTS 7 AND BUSINESSES IN TH E BALTIMORE REGION . 8 (I) ON OR BEFORE DECEMBER 1 EACH YEAR, THE COMMISSION SHALL 9 REPORT ITS FINDINGS AND RECOMMENDATIONS ON THE BALTIMORE REGION 10 TRANSIT SYSTEMS TO T HE ADMINISTRATION , THE GOVERNOR, AND, IN 11 ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL 12 ASSEMBLY. 13 SECTION 2. AND BE IT FURTHER ENACTED, That, notw ithstanding § 7–213(d) 14 of the Transportation Article, as enacted by Section 1 of this Act, the initial terms of the 15 members of the Baltimore Regional Transit Commission established under this Act shall 16 be staggered as follows: 17 (1) of the two three members from Baltimore City appointed by the Mayor, 18 one member shall serve an initial term of 4 years and one member two members shall serve 19 an initial term of 3 years; 20 (2) of the four three members from Baltimore City appointed by the 21 Governor, two members one member shall serve an initial term of 4 years and two members 22 shall serve an initial term of 3 years; 23 (3) of the two members from Baltimore County appointed by the County 24 Executive of Baltimore County, one member shall serve an initial term of 4 years and one 25 member shall serve an initial term of 3 years; 26 (4) of the three two members from Baltimore County appointed by the 27 Governor, one member shall serve an initial term of 4 years and two members one member 28 shall serve an initial term of 3 years; 29 (5) the member from Anne Arundel County appointed by the County 30 Executive of Anne Arundel County shall serve an initial term of 4 3 years; 31 (6) the member from Anne Arundel County appointed by the Governor 32 shall serve an initial term of 3 4 years; 33 (7) the member from Howard County appointed by the County Executive 34 of Howard County shall serve an initial term of 4 years; 35 SENATE BILL 876 7 (8) the member from Howard County appointed by the Governor shall 1 serve an initial term of 3 years; and 2 (9) the members of the General Assembly each shall serve an initial term 3 of 4 years; and 4 (10) the nonvoting member representing a labor union shall serve an initial 5 term of 3 years. 6 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 7 October 1, 2023. 8 Approved: ________________________________________________________________________________ Governor. ________________________________________________________________________________ President of the Senate. ________________________________________________________________________________ Speaker of the House of Delegates.