Maryland 2024 Regular Session

Maryland House Bill HB1025 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb1025
6	6
7	7	HOUSE BILL 1025
8	8	Q5, R6, R2 4lr2252
9	9	CF SB 841
10	10	By: Delegates M. Morgan, Mangione, Adams, Arentz, Baker, Buckel, Chisholm,
11	11	Ciliberti, Fisher, Ghrist, Griffith, Hartman, Hinebaugh, Hornberger,
12	12	Hutchinson, Jacobs, Kipke, R. Long, McComas, Metzgar, Miller, T. Morgan,
13	13	Munoz, Nawrocki, Otto, Pippy, Reilly, Rose, Schmidt, Stonko, Szeliga, an d
14	14	Valentine
15	15	Introduced and read first time: February 5, 2024
16	16	Assigned to: Ways and Means and Environment and Transportation
17	17
18	18	A BILL ENTITLED
19	19
20	20	AN ACT concerning 1
21	21
22	22	Transportation – Motor Fuel Tax Rates, Vehicle–Miles–Traveled Tax, and 2
23	23	Farebox Recovery Requirement 3
24	24	(Transportation Equity, Fairness, and Privacy Act of 2024) 4
25	25
26	26	FOR the purpose of repealing a requirement that certain motor fuel tax rates be adjusted 5
27	27	in future years based on growth in the Consumer Price Index for all urban 6
28	28	consumers; prohibiting the State or a local jurisdiction from imposing or levying a 7
29	29	vehicle–miles–traveled tax or certain other similar fees, tolls, or taxes; requiring that 8
30	30	the Maryland Transit Administration achieve a certain farebox recovery 9
31	31	requirement for certain transit services; requiring that the Administration increase 10
32	32	fares for certain transit services under certain circumstances; providing that the 11
33	33	Administration is not required to conduct certain public hearings before 12
34	34	implementing certain fare increases; prohibiting the State or a local jurisdiction from 13
35	35	requiring the installation of a device in or on a privately owned vehicle to facilitate 14
36	36	the reporting of vehicle miles traveled; and generally relating to fares, fees, and taxes 15
37	37	related to transportation. 16
38	38
39	39	BY repealing and reenacting, without amendments, 17
40	40	Article – Tax – General 18
41	41	Section 9–205 19
42	42	Annotated Code of Maryland 20
43	43	(2022 Replacement Volume and 2023 Supplement) 21
44	44
45	45	BY repealing and reenacting, with amendments, 22
46	46	Article – Tax – General 23
47	47	Section 9–305 24
48	48	Annotated Code of Maryland 25 2 HOUSE BILL 1025
49	49
50	50
51	51	(2022 Replacement Volume and 2023 Supplement) 1
52	52
53	53	BY adding to 2
54	54	Article – Tax – General 3
55	55	Section 9–401 to be under the new subtitle “Subtitle 4. Vehicle–Miles–Traveled 4
56	56	Tax – Prohibited” 5
57	57	Annotated Code of Maryland 6
58	58	(2022 Replacement Volume and 2023 Supplement) 7
59	59
60	60	BY repealing and reenacting, with amendments, 8
61	61	Article – Transportation 9
62	62	Section 7–208(b–1) and 7–506(a)(1) 10
63	63	Annotated Code of Maryland 11
64	64	(2020 Replacement Volume and 2023 Supplement) 12
65	65
66	66	BY adding to 13
67	67	Article – Transportation 14
68	68	Section 22–107 15
69	69	Annotated Code of Maryland 16
70	70	(2020 Replacement Volume and 2023 Supplement) 17
71	71
72	72	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
73	73	That the Laws of Maryland read as follows: 19
74	74
75	75	Article – Tax – General 20
76	76
77	77	9–205. 21
78	78
79	79	(a) (1) The Comptroller may enter into reciprocal agreements on behalf of this 22
80	80	State, with the duly authorized representatives of any other state, that provide for: 23
81	81
82	82	(i) fuel tax registration of vehicles by motor carriers; 24
83	83
84	84	(ii) establishment of periodic fuel use reporting and fuel use tax 25
85	85	payment requirements by motor carriers; and 26
86	86
87	87	(iii) disbursement of money that is collected by the Comptroller and 27
88	88	is due to other states based on: 28
89	89
90	90	1. mileage travelled and fuel used in those states; and 29
91	91
92	92	2. the respective registration fees of those states. 30
93	93
94	94	(2) The Comptroller may not enter into any reciprocal agreement that 31
95	95	would affect: 32
96	96
97	97	(i) this State’s motor carrier tax rate; or 33 HOUSE BILL 1025 3
98	98
99	99
100	100
101	101	(ii) this State’s registration fee for motor carriers. 1
102	102
103	103	(b) In exercising the authority granted under subsection (a) of this section, the 2
104	104	Comptroller is expressly authorized to: 3
105	105
106	106	(1) enter into regional or national fuel use tax agreements; 4
107	107
108	108	(2) become a member of any regional or national conference, group, 5
109	109	compact, or similar organization of motor carrier fuel use tax administrators; and 6
110	110
111	111	(3) enforce the provisions set forth in any regional or national fuel use tax 7
112	112	agreements. 8
113	113
114	114	(c) The agreement provisions shall apply to the fuel use taxation, registration, 9
115	115	and reporting requirements of motor carriers subject to the provisions of the agreement 10
116	116	without reference to or application of any other statutes of this State. 11
117	117
118	118	9–305. 12
119	119
120	120	(a) Except as provided in subsection (b) of this section, the motor fuel tax rate is: 13
121	121
122	122	(1) 7 cents for each gallon of aviation gasoline; 14
123	123
124	124	(2) 23.5 cents for each gallon of gasoline other than aviation gasoline; 15
125	125
126	126	(3) 24.25 cents for each gallon of special fuel other than clean–burning fuel 16
127	127	or turbine fuel; 17
128	128
129	129	(4) 7 cents for each gallon of turbine fuel; and 18
130	130
131	131	(5) 23.5 cents for each gasoline–equivalent gallon of clean–burning fuel 19
132	132	except electricity. 20
133	133
134	134	(b) (1) The motor fuel tax rates specified in subsection (a)(2), (3), and (5) of this 21
135	135	section shall be increased on July 1, 2013, [and] July 1 [of each subsequent year], 2014, 22
136	136	JULY 1, 2015, JULY 1, 2016, JULY 1, 2017, JULY 1, 2018, JULY 1, 2019, JULY 1, 2020, 23
137	137	JULY 1, 2021, JULY 1, 2022, AND JULY 1, 2023, in accordance with this subsection. 24
138	138
139	139	(2) On or before June 1 [of each year], 2013, JUNE 1, 2014, JUNE 1, 25
140	140	2015, JUNE 1, 2016, JUNE 1, 2017, JUNE 1, 2018, JUNE 1, 2019, JUNE 1, 2020, JUNE 26
141	141	1, 2021, JUNE 1, 2022, AND JUNE 1, 2023, the Comptroller shall determine and 27
142	142	announce: 28
143	143
144	144	(i) the growth in the Consumer Price Index for all urban consumers 29
145	145	as determined by the Comptroller under paragraph (3) of this subsection; and 30 4 HOUSE BILL 1025
146	146
147	147
148	148
149	149	(ii) the motor fuel tax rates effective for the fiscal year beginning on 1
150	150	the following July 1 as determined by the Comptroller under paragraph (4) of this 2
151	151	subsection. 3
152	152
153	153	(3) (i) In this paragraph, “Consumer Price Index for all urban 4
154	154	consumers” means the index published monthly by the Bureau of Labor Statistics of the 5
155	155	U.S. Department of Labor that is the U.S. city average of all items in a basket of consumer 6
156	156	goods and services. 7
157	157
158	158	(ii) The percentage growth in the Consumer Price Index for all urban 8
159	159	consumers shall be determined by comparing the average of the index for the 12 months 9
160	160	ending on the preceding April 30 to the average of the index for the prior 12 months. 10
161	161
162	162	(4) Subject to paragraph (5) of this subsection, on July 1 [of each year], 11
163	163	2013, JULY 1, 2014, JULY 1, 2015, JULY 1, 2016, JULY 1, 2017, JULY 1, 2018, JULY 12
164	164	1, 2019, JULY 1, 2020, JULY 1, 2021, JULY 1, 2022, AND JULY 1, 2023, each motor fuel 13
165	165	tax rate specified in subsection (a)(2), (3), and (5) of this section shall be increased by the 14
166	166	amount, rounded to the nearest one–tenth of a cent, that equals the product of multiplying: 15
167	167
168	168	(i) the motor fuel tax rate in effect on the date of the Comptroller’s 16
169	169	announcement under paragraph (2) of this subsection; and 17
170	170
171	171	(ii) the percentage growth in the Consumer Price Index for all urban 18
172	172	consumers. 19
173	173
174	174	(5) (i) If there is a decline or no growth in the Consumer Price Index for 20
175	175	all urban consumers, the motor fuel tax rates shall remain unchanged. 21
176	176
177	177	(ii) Any increase in the motor fuel tax rates under paragraph (4) of 22
178	178	this subsection may not be greater than 8% of the motor fuel tax rate effective in the 23
179	179	previous year. 24
180	180
181	181	(6) The Comptroller shall require any person possessing tax–paid motor 25
182	182	fuel for sale at the start of business on the date of an increase in the motor fuel tax under 26
183	183	this subsection to compile and file an inventory of the motor fuel held at the close of 27
184	184	business on the immediately preceding date and remit within 30 days any additional motor 28
185	185	fuel tax that is due on the motor fuel. 29
186	186
187	187	SUBTITLE 4. VEHICLE–MILES–TRAVELED TAX – PROHIBITED. 30
188	188
189	189	9–401. 31
190	190
191	191	(A) SUBJECT TO SUBSECTION (B) OF THIS SECTION, THE STATE OR A LOCAL 32
192	192	JURISDICTION MAY NOT DIRECTLY OR INDIRECT LY, INCLUDING THROUGH A 33 HOUSE BILL 1025 5
193	193
194	194
195	195	THIRD–PARTY AGREEMENT OR A S PART OF A PILOT PR OGRAM OR STUDY , IMPOSE OR 1
196	196	LEVY: 2
197	197
198	198	(1) A VEHICLE–MILES–TRAVELED TAX ; 3
199	199
200	200	(2) A MILEAGE–BASED USER FEE ; 4
201	201
202	202	(3) A TOLL BASED ON GLOB AL POSITIONING SATEL LITE TRACKING ; 5
203	203	OR 6
204	204
205	205	(4) ANY OTHER SIMILAR FO RM OF TAX. 7
206	206
207	207	(B) NOTHING IN THIS SECTI ON SHALL BE CONSTRUE D TO PROHIBIT THE 8
208	208	COMPTROLLER FROM ENTE RING INTO AND THE STATE FROM ENFORCING AN 9
209	209	AGREEMENT IN ACCORDANCE WITH § 9–205 OF THIS TITLE. 10
210	210
211	211	Article – Transportation 11
212	212
213	213	7–208. 12
214	214
215	215	(b–1) (1) Subject to § 7–506 of this title and paragraph (2) of this subsection, ON 13
216	216	OR BEFORE JULY 1 EACH YEAR, the Administration shall set the fare prices and collect 14
217	217	other operating revenues IN AN AMOUNT SUFFICI ENT TO ACHIEVE THE F AREBOX 15
218	218	RECOVERY REQUIREMENT ESTABLISHED IN PARAG RAPH (2) OF THIS SUBSECTION . 16
219	219
220	220	(2) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , FOR 17
221	221	EACH FISCAL YEAR , THE ADMINISTRATION SHALL SEPARATELY RECOVER FROM 18
222	222	FARES AND OTHER OPER ATING REVENUES AT LE AST 35% OF THE TOTAL OPERATI NG 19
223	223	COSTS FOR: 20
224	224
225	225	1. THE ADMINISTRATION ’S BUS, LIGHT RAIL, AND 21
226	226	METRO SUBWAY SERVICES IN THE BALTIMORE REGION ; AND 22
227	227
228	228	2. ALL PASSENGER RAILROA D SERVICES UNDER THE 23
229	229	ADMINISTRATION’S CONTROL. 24
230	230
231	231	(II) THE PERCENTAGE OF TOT AL OPERATING COSTS R EQUIRED 25
232	232	TO BE RECOVERED UNDE R SUBPARAGRAPH (I) OF THIS PARAGRAPH IS EQUAL TO: 26
233	233
234	234	1. FOR FISCAL YEAR 2025, 15%; 27
235	235
236	236	2. FOR FISCAL YEAR 2026, 20%; 28
237	237
238	238	3. FOR FISCAL YEAR 2027, 25%; 29 6 HOUSE BILL 1025
239	239
240	240
241	241
242	242	4. FOR FISCAL YEAR 2028, 30%; AND 1
243	243
244	244	5. FOR FISCAL YEAR 2029 AND EACH FISCAL YEAR 2
245	245	THEREAFTER , THE PERCENTAGE SPECI FIED IN SUBPARAGRAPH (I) OF THIS 3
246	246	PARAGRAPH . 4
247	247
248	248	[(2)] (3) The Administration may not reduce the level of services provided 5
249	249	by the Administration for the purpose of achieving a specific farebox recovery requirement. 6
250	250
251	251	(4) AN INCREASE IN THE ADMINISTRATION ’S FARE PRICES BY THE 7
252	252	MINIMUM AMOUNT REQUI RED UNDER THIS SUBSE CTION IS NOT SUBJECT TO THE 8
253	253	REQUIREMENTS OF § 7–506 OF THIS TITLE. 9
254	254
255	255	7–506. 10
256	256
257	257	(a) (1) Except as provided in subsection (b) of this section OR § 7–208(B–1)(4) 11
258	258	OF THIS TITLE, until a public hearing is held on the matter, the Administration may not: 12
259	259
260	260	(i) Fix or revise any fare or rate charged the general public; 13
261	261
262	262	(ii) Establish or abandon any bus or rail route listed on a published 14
263	263	timetable; 15
264	264
265	265	(iii) Change a bus or rail route alignment listed on a published 16
266	266	timetable, unless the change is needed because of temporary construction or changes in the 17
267	267	road network; 18
268	268
269	269	(iv) Reduce the frequency, number of days, or days of service for a 19
270	270	commuter bus or commuter rail route without substituting a comparable level of service, 20
271	271	unless the reduction is temporary or a result of: 21
272	272
273	273	1. A natural disaster; 22
274	274
275	275	2. Weather or other emergency conditions; 23
276	276
277	277	3. Schedule adjustments required by a third party that 24
278	278	operates service on the same right–of–way; or 25
279	279
280	280	4. Other circumstances beyond the control of the 26
281	281	Administration; or 27
282	282
283	283	(v) Establish or abandon a rail transit station. 28
284	284
285	285	22–107. 29
286	286	HOUSE BILL 1025 7
287	287
288	288
289	289	THE STATE OR A LOCAL JURI SDICTION MAY NOT REQ UIRE THE INSTALLATIO N 1
290	290	OF A DEVICE IN OR ON A PRIVATELY OWNED VE HICLE TO FACILITATE THE 2
291	291	REPORTING OF THE NUM BER OF VEHICLE MILES TRAVELED. 3
292	292
293	293	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 4
294	294	1, 2024. 5
295	295