EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb1126*
SENATE BILL 1126
R2, L6 4lr3461
CF HB 924
By: Senator King
Introduced and read first time: February 9, 2024
Assigned to: Rules
A BILL ENTITLED
AN ACT concerning 1
Transportation – Regional Transportation Authorities 2
FOR the purpose of establishing the Baltimore Region, Capital Region, and Southern 3
Maryland Region transportation authorities to develop and implement certain 4
congestion relief plans; establishing the Baltimore Region, Capital Region, and 5
Southern Maryland Region congestion relief funds as special, nonlapsing funds; 6
requiring interest earnings of the funds to be credited to the funds; requiring the 7
Department of Transportation, in consultation with the Comptroller, to study and 8
report on the feasibility of creating local–option transportation revenues to fund the 9
regional transportation authorities; and generally relating to regional transportation 10
authorities. 11
BY repealing and reenacting, without amendments, 12
Article – State Finance and Procurement 13
Section 6–226(a)(2)(i) 14
Annotated Code of Maryland 15
(2021 Replacement Volume and 2023 Supplement) 16
BY repealing and reenacting, with amendments, 17
Article – State Finance and Procurement 18
Section 6–226(a)(2)(ii)189. and 190. 19
Annotated Code of Maryland 20
(2021 Replacement Volume and 2023 Supplement) 21
BY adding to 22
Article – State Finance and Procurement 23
Section 6–226(a)(2)(ii)191., 192., and 193. 24
Annotated Code of Maryland 25
(2021 Replacement Volume and 2023 Supplement) 26
BY adding to 27 2 SENATE BILL 1126
Article – Transportation 1
Section 10.5–101 through 10.5–310 to be under the new subtitle title “Title 10.5. 2
Regional Transportation Authorities” 3
Annotated Code of Maryland 4
(2020 Replacement Volume and 2023 Supplement) 5
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
That the Laws of Maryland read as follows: 7
Article – State Finance and Procurement 8
6–226. 9
(a) (2) (i) Notwithstanding any other provision of law, and unless 10
inconsistent with a federal law, grant agreement, or other federal requirement or with the 11
terms of a gift or settlement agreement, net interest on all State money allocated by the 12
State Treasurer under this section to special funds or accounts, and otherwise entitled to 13
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 14
Fund of the State. 15
(ii) The provisions of subparagraph (i) of this paragraph do not apply 16
to the following funds: 17
189. the Teacher Retention and Development Fund; [and] 18
190. the Protecting Against Hate Crimes Grant Fund; 19
191. THE BALTIMORE REGION CONGESTION RELIEF 20
FUND; 21
192. THE CAPITAL REGION CONGESTION RELIEF FUND; 22
AND 23
193. THE SOUTHERN MARYLAND CONGESTION RELIEF 24
FUND. 25
Article – Transportation 26
TITLE 10.5. REGIONAL TRANSPORTATION AUTHORITIES. 27
SUBTITLE 1. BALTIMORE REGION TRANSPORTATION AUTHORITY. 28
10.5–101. 29
SENATE BILL 1126 3
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 1
INDICATED. 2
(B) “AUTHORITY” MEANS THE BALTIMORE REGION TRANSPORTATION 3
AUTHORITY. 4
(C) “BALTIMORE REGION ” MEANS ANNE ARUNDEL COUNTY, BALTIMORE 5
COUNTY, AND BALTIMORE CITY. 6
(D) “TRANSPORTATION FACILI TY” HAS THE MEANING STAT ED IN § 3–101 OF 7
THIS ARTICLE. 8
10.5–102. 9
(A) THERE IS A BALTIMORE REGION TRANSPORTATI ON AUTHORITY. 10
(B) THE AUTHORITY IS A BODY P OLITIC AND CORPORATE AND IS AN 11
INSTRUMENTALITY OF T HE STATE. 12
(C) THE EXERCISE BY THE AUTHORITY OF A POWER UNDER THIS SUBTITLE 13
IS THE PERFORMANCE O F AN ESSENTIAL GOVER NMENTAL FUNCTION . 14
10.5–103. 15
THE PURPOSE OF THE AUTHORITY IS TO PREPA RE AND IMPLEMENT A 16
REGIONAL CONGESTION RELIEF PLAN FOR THE BALTIMORE REGION . 17
10.5–104. 18
(A) THE AUTHORITY CONSISTS OF THE FOLLOWING MEMBER S: 19
(1) THE MAYOR OF BALTIMORE CITY, OR THE MAYOR’S DESIGNEE; 20
(2) THE COUNTY EXECUTIVE OF ANNE ARUNDEL COUNTY, OR THE 21
COUNTY EXECUTIVE’S DESIGNEE; 22
(3) THE COUNTY EXECUTIVE OF BALTIMORE COUNTY, OR THE 23
COUNTY EXECUTIVE’S DESIGNEE; 24
(4) ONE ELECTED OFFICIAL FROM EACH MUNICIPALI TY WITHIN THE 25
BALTIMORE REGION , APPOINTED BY THE GOV ERNING BODY OF THE MU NICIPALITY; 26
4 SENATE BILL 1126
(5) ONE MEMBER OF THE SENATE OF MARYLAND WHO RESIDES 1
WITHIN THE BALTIMORE REGION , APPOINTED BY THE PRESIDENT OF THE SENATE; 2
(6) TWO MEMBERS OF THE HOUSE OF DELEGATES WHO RESIDE 3
WITHIN THE BALTIMORE REGION , APPOINTED BY THE SPEAKER OF THE HOUSE; 4
AND 5
(7) TWO MEMBERS WITH EXPE RIENCE IN TRANSPORTA TION 6
PLANNING, FINANCE, ENGINEERING , CONSTRUCTION , OR MANAGEMENT , 7
APPOINTED BY THE GOVERNOR. 8
(B) THE SECRETARY SHALL SERVE AS A NONVOTING , EX OFFICIO MEMBER . 9
(C) (1) THE TERM OF A MEMBER IS 4 YEARS. 10
(2) AT THE END OF A TERM , A MEMBER CONTINUES T O SERVE UNTIL 11
A SUCCESSOR IS APPOI NTED AND QUALIFIES . 12
(D) FROM AMONG ITS MEMBER S, THE AUTHORITY SHALL ELECT A CHAIR 13
AND A VICE CHAIR. 14
(E) THE AUTHORITY SHALL ADOPT RULES AND REG ULATIONS NECESSARY 15
FOR THE CONDUCT OF I TS AFFAIRS. 16
10.5–105. 17
(A) (1) THE AUTHORITY SHALL EMPLO Y AN EXECUTIVE DIRECTOR TO 18
SERVE AS THE CHIEF E XECUTIVE OFFICER OF THE AUTHORITY. 19
(2) THE EXECUTIVE DIRECTOR SHALL SERVE AT THE PLEASURE OF 20
THE AUTHORITY. 21
(B) THE AUTHORITY MAY EMPLOY OR RETAIN OFFICERS , STAFF, AND 22
AGENTS, INCLUDING ENGINEERIN G, ARCHITECTURAL , FISCAL, AND CONSTRUCTION 23
EXPERTS AND ATTORNEY S, AND SET THEIR COMPEN SATION. 24
10.5–106. 25
(A) THE AUTHORITY MAY : 26
(1) ADOPT BYLAWS FOR THE CONDUCT O F ITS BUSINESS; 27
(2) ADOPT A SEAL; 28 SENATE BILL 1126 5
(3) MAINTAIN OFFICES AT A PLACE IT DESIGNATES IN THE STATE; 1
(4) ACCEPT LOANS, GRANTS, OR ASSISTANCE OF ANY KIND FROM THE 2
FEDERAL OR STATE GOVERNMENT , A LOCAL GOVERNMENT , A COLLEGE OR 3
UNIVERSITY, OR A PRIVATE SOURC E; 4
(5) ENTER INTO CONTRACTS AND OTHER LEGAL INST RUMENTS; 5
(6) SUE OR BE SUED; 6
(7) ACQUIRE, PURCHASE, HOLD, LEASE AS LESSEE , AND USE: 7
(I) A FRANCHISE, PATENT, OR LICENSE; 8
(II) STOCK OR OTHER FORMS OF OWNERSHIP INTERES TS IN 9
CORPORATIONS , LIMITED LIABILITY COMPAN IES, PARTNERSHIPS , OR OTHER 10
ENTITIES, WHETHER OPERATED FOR PROFIT OR NOT FOR PR OFIT; 11
(III) ANY REAL, PERSONAL, MIXED, TANGIBLE, OR INTANGIBLE 12
PROPERTY; OR 13
(IV) AN INTEREST IN A PROP ERTY LISTED UNDER TH IS ITEM; 14
(8) SELL, LEASE AS LESSOR, TRANSFER, LICENSE, ASSIGN, OR 15
DISPOSE OF PROPERTY OR A PROPERTY INTERE ST THAT IT ACQUIRES ; 16
(9) FIX AND COLLECT RATES , RENTALS, FEES, ROYALTIES, AND 17
CHARGES FOR SERVICES AND RESOURCES IT PRO VIDES OR MAKES AVAIL ABLE; 18
(10) CREATE, OWN, CONTROL, OR BE A MEMBER OF A CORPORATION , 19
LIMITED LIABILITY CO MPANY, PARTNERSHIP , OR OTHER ENTITY , WHETHER 20
OPERATED FOR PROFIT OR NOT FOR PROFIT ; 21
(11) EXERCISE POWER USUALL Y POSSESSED BY A PRI VATE 22
CORPORATION IN PERFO RMING SIMILAR FUNCTI ONS UNLESS TO DO SO WOULD 23
CONFLICT WITH STATE LAW; AND 24
(12) DO ALL THINGS NECESSA RY OR CONVENIENT TO CARRY OUT THE 25
POWERS GRANTED BY TH IS SUBTITLE. 26
6 SENATE BILL 1126
(B) THE AUTHORITY MAY DELEGAT E ANY POWER OR DUTY IT CONSIDERS 1
APPROPRIATE TO A MEM BER, AN OFFICER, AN AGENT, OR AN EMPLOYEE OF THE 2
AUTHORITY. 3
10.5–107. 4
(A) (1) THE AUTHORITY SHALL PREPA RE A REGIONAL CONGES TION 5
RELIEF PLAN FOR THE BALTIMORE REGION THAT INCLUDES TRANSPORTAT ION 6
IMPROVEMENTS OF REGI ONAL SIGNIFICANCE . 7
(2) THE AUTHORITY MAY REVISE THE REGIONAL CONGEST ION 8
RELIEF PLAN. 9
(B) AFTER THE ADOPTION OF A REGIONAL CONGESTIO N RELIEF PLAN, THE 10
AUTHORITY MAY CONSTRU CT OR ACQUIRE , BY PURCHASE , LEASE, CONTRACT, OR 11
OTHERWISE, THE TRANSPORTATION F ACILITIES SPECIFIED IN THE REGIONAL 12
CONGESTION RELIEF PL AN. 13
10.5–108. 14
THE AUTHORITY SHALL HAVE THE FOLLOWING DUTIES AND 15
RESPONSIBILITIES : 16
(1) GENERAL OVERSIGHT OF REGIONAL PROGRAMS IN VOLVING 17
CONGESTION MITIGATIO N; 18
(2) LONG–RANGE REGIONAL PLANN ING FOR THE BALTIMORE 19
REGION, BOTH FISCALLY CONSTR AINED AND UNCONSTRAI NED; 20
(3) RECOMMENDING TO STATE, REGIONAL, AND FEDERAL AGENCIES 21
REGIONAL TRANSPORTAT ION PRIORITIES , INCLUDING PUBLIC –PRIVATE 22
TRANSPORTATION PROJE CTS, AND FUNDING ALLOCATI ONS; 23
(4) ALLOCATING TO PRIORIT Y REGIONAL TRANSPORT ATION 24
PROJECTS ANY FUNDS M ADE AVAILABLE TO THE AUTHORITY AND , AT THE 25
DISCRETION OF THE AUTHORITY, DIRECTLY OVERSEEING THE PROJECTS ; 26
(5) RECOMMENDING TO THE DEPARTMENT PRIORITY R EGIONAL 27
TRANSPORTATION PROJE CTS FOR RECEIPT OF F EDERAL AND STATE FUNDS; 28
(6) RECOMMENDING TO THE DEPARTMENT USE OR CH ANGES IN USE 29
OF TOLLS OR CHARGES FOR FACILITIES IN TH E BALTIMORE REGION ; 30
SENATE BILL 1126 7
(7) GENERAL OVERSIGHT OF REGIONAL TRANSPORTAT ION ISSUES OF 1
A MULTIJURISDICTIONA L NATURE, INCLUDING INTELLIGEN T TRANSPORTATION 2
SYSTEMS, SIGNALIZATION, AND PREPARATION FOR AND RESPON SE TO 3
EMERGENCIES ; 4
(8) SERVING AS AN ADVOCAT E FOR THE TRANSPORTA TION NEEDS OF 5
THE BALTIMORE REGION BEFO RE THE STATE AND FEDERAL GOV ERNMENTS; AND 6
(9) APPLYING TO AND NEGOT IATING WITH THE FEDE RAL 7
GOVERNMENT AND THE STATE FOR GRANTS AND ANY OTHER FUNDS AVAILABLE TO 8
CARRY OUT THE PURPOS ES OF THIS SUBTITLE . 9
10.5–109. 10
(A) IN THIS SECTION , “FUND” MEANS THE BALTIMORE REGION 11
CONGESTION RELIEF FUND. 12
(B) THERE IS A BALTIMORE REGION CONGESTION RELIEF FUND. 13
(C) THE PURPOSE OF THE FUND IS TO FINANCE TR ANSPORTATION 14
FACILITIES IN THE BALTIMORE REGION . 15
(D) THE EXECUTIVE DIRECTOR OF THE AUTHORITY SHALL ADMIN ISTER 16
THE FUND. 17
(E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 18
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 19
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 20
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 21
(F) THE FUND CONSISTS OF : 22
(1) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 23
(2) INTEREST EARNINGS ; AND 24
(3) ANY OTHER MONEY FROM ANY OTHER SOURC E ACCEPTED FOR 25
THE BENEFIT OF THE FUND. 26
(G) THE FUND MAY BE USED ONLY FOR THE FINANCING OF 27
TRANSPORTATION FACIL ITIES IN THE BALTIMORE REGION . 28
8 SENATE BILL 1126
(H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 1
IN THE SAME MANNER A S OTHER STATE MONEY MAY BE INVESTED. 2
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 3
THE FUND. 4
(I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 5
WITH THE STATE BUDGET . 6
(J) MONEY EXPENDED FROM T HE FUND FOR FINANCING TR ANSPORTATION 7
FACILITIES IN THE BALTIMORE REGION IS SUPPL EMENTAL TO AND IS NO T 8
INTENDED TO TAKE THE PLACE OF FUNDING THA T OTHERWISE WOULD BE 9
APPROPRIATED FOR TRA NSPORTATION FACILITI ES IN THE BALTIMORE REGION . 10
10.5–110. 11
ON OR BEFORE JANUARY 1, 2025, AND EACH JANUARY 1 THEREAFTER , THE 12
AUTHORITY SHALL REPORT TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 13
2–1257 OF THE STATE GOVERNMENT ARTICLE, ON THE ACTIVITIES OF THE 14
AUTHORITY DURING THE PRIOR YEAR. 15
SUBTITLE 2. CAPITAL REGION TRANSPORTATION AUTHORITY. 16
10.5–201. 17
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 18
INDICATED. 19
(B) “AUTHORITY” MEANS THE CAPITAL REGION TRANSPORTATION 20
AUTHORITY. 21
(C) “CAPITAL REGION ” MEANS FREDERICK COUNTY, MONTGOMERY 22
COUNTY, AND PRINCE GEORGE’S COUNTY. 23
(D) “TRANSPORTATION FACILI TY” HAS THE MEANING STATED IN § 3–101 OF 24
THIS ARTICLE. 25
10.5–202. 26
(A) THERE IS A CAPITAL REGION TRANSPORTATION AUTHORITY. 27
(B) THE AUTHORITY IS A BODY P OLITIC AND CORPORATE AND IS AN 28
INSTRUMENTALITY OF T HE STATE. 29 SENATE BILL 1126 9
(C) THE EXERCISE BY THE AUTHORITY OF A POWER UNDER THIS SU BTITLE 1
IS THE PERFORMANCE O F AN ESSENTIAL GOVER NMENTAL FUNCTION . 2
10.5–203. 3
THE PURPOSE OF THE AUTHORITY IS TO PREPA RE AND IMPLEMENT A 4
REGIONAL CONGESTION RELIEF PLAN FOR THE CAPITAL REGION . 5
10.5–204. 6
(A) THE AUTHORITY CONSISTS OF THE FOLLOWING MEMBERS: 7
(1) THE COUNTY EXECUTIVE OF FREDERICK COUNTY, OR THE 8
COUNTY EXECUTIVE’S DESIGNEE; 9
(2) THE COUNTY EXECUTIVE OF MONTGOMERY COUNTY, OR THE 10
COUNTY EXECUTIVE’S DESIGNEE; 11
(3) THE COUNTY EXECUTIVE OF PRINCE GEORGE’S COUNTY, OR THE 12
COUNTY EXECUTIVE’S DESIGNEE; 13
(4) ONE MEMBER OF THE SENATE OF MARYLAND WHO RESIDES 14
WITHIN THE CAPITAL R EGION, APPOINTED BY THE PRESIDENT OF THE SENATE; 15
(5) TWO MEMBERS OF THE HOUSE OF DELEGATES WHO RESIDE 16
WITHIN THE CAPITAL R EGION, APPOINTED BY THE SPEAKER OF THE HOUSE; 17
(6) ONE REPRESENTATIVE OF THE MUNICIPALITIES I N FREDERICK 18
COUNTY, DESIGNATED BY THE MU NICIPALITIES IN FREDERICK COUNTY; 19
(7) ONE REPRESENTATIVE OF THE MUNICIPALITIES I N 20
MONTGOMERY COUNTY, DESIGNATED BY THE MU NICIPALITIES IN MONTGOMERY 21
COUNTY; 22
(8) ONE REPRESENTATIVE OF THE MUNICIPALITIES I N PRINCE 23
GEORGE’S COUNTY, DESIGNATED BY THE MU NICIPALITIES IN PRINCE GEORGE’S 24
COUNTY; AND 25
(9) TWO MEMBERS WITH EXPE RIENCE IN TRANSPORTA TION 26
PLANNING, FINANCE, ENGINEERING , CONSTRUCTION , OR MANAGEMENT , 27
APPOINTED BY THE GOVERNOR. 28
10 SENATE BILL 1126
(B) THE SECRETARY SHALL SERVE AS A NONVOTING , EX OFFICIO MEMBER . 1
(C) (1) THE TERM OF A MEMBER IS 4 YEARS. 2
(2) AT THE END OF A TERM , A MEMBER CONTINUES T O SERVE UNTIL 3
A SUCCESSOR IS APPOI NTED AND QUALIFIES . 4
(D) FROM AMONG ITS MEMBERS, THE AUTHORITY SHALL ELECT A CHAIR 5
AND A VICE CHAIR. 6
(E) THE AUTHORITY SHALL ADOPT RULES AND REGULATION S NECESSARY 7
FOR THE CONDUCT OF I TS AFFAIRS. 8
10.5–205. 9
(A) (1) THE AUTHORITY SHALL EMPLO Y AN EXECUTIVE DIRECTOR TO 10
SERVE AS THE CHIEF EXECUTIVE OFFICER OF THE AUTHORITY. 11
(2) THE EXECUTIVE DIRECTOR SHALL SERVE AT THE PLEASURE OF 12
THE AUTHORITY. 13
(B) THE AUTHORITY MAY EMPLOY OR RETAIN OFFICERS , STAFF, AND 14
AGENTS, INCLUDING ENGINEERIN G, ARCHITECTURAL , FISCAL, AND CONSTRUCTION 15
EXPERTS AND ATTORNEYS, AND SET THEIR COMPEN SATION. 16
10.5–206. 17
(A) THE AUTHORITY MAY : 18
(1) ADOPT BYLAWS FOR THE CONDUCT OF ITS BUSIN ESS; 19
(2) ADOPT A SEAL; 20
(3) MAINTAIN OFFICES AT A PLACE IT DESIGNATES IN THE STATE; 21
(4) ACCEPT LOANS, GRANTS, OR ASSISTANCE OF ANY KIND FROM THE 22
FEDERAL OR STATE GOVERNMENT , A LOCAL GOVERNMENT , A COLLEGE OR 23
UNIVERSITY, OR A PRIVATE SOURCE ; 24
(5) ENTER INTO CONTRACTS AND OTHER LEGAL INST RUMENTS; 25
(6) SUE OR BE SUED; 26
SENATE BILL 1126 11
(7) ACQUIRE, PURCHASE, HOLD, LEASE AS LESSEE , AND USE: 1
(I) A FRANCHISE, PATENT, OR LICENSE; 2
(II) STOCK OR OTHER FORMS OF OWNERSHIP INTERES TS IN 3
CORPORATIONS , LIMITED LIABILITY CO MPANIES, PARTNERSHIPS , OR OTHER 4
ENTITIES, WHETHER OPERATED FOR PROFIT OR NOT FOR PR OFIT; 5
(III) ANY REAL, PERSONAL, MIXED, TANGIBLE, OR INTANGIBLE 6
PROPERTY; OR 7
(IV) AN INTEREST IN A PROP ERTY LISTED UNDER TH IS ITEM; 8
(8) SELL, LEASE AS LESSOR , TRANSFER, LICENSE, ASSIGN, OR 9
DISPOSE OF PROPERTY OR A PROPERTY INTERE ST THAT IT ACQUIRES ; 10
(9) FIX AND COLLECT RATES , RENTALS, FEES, ROYALTIES, AND 11
CHARGES FOR SERVICES AND RESOURCES IT PRO VIDES OR MAKES AVAIL ABLE; 12
(10) CREATE, OWN, CONTROL, OR BE A MEMBER OF A CORPORATION , 13
LIMITED LIABILITY CO MPANY, PARTNERSHIP , OR OTHER ENTITY , WHETHER 14
OPERATED FOR PROFIT OR NOT FOR PROFIT ; 15
(11) EXERCISE POWER USUALL Y POSSESSED BY A PRI VATE 16
CORPORATION IN PERFO RMING SIMILAR FUNCTI ONS UNLESS TO DO SO WOULD 17
CONFLICT WITH STATE LAW; AND 18
(12) DO ALL THINGS NECESSA RY OR CONVENIENT TO CARRY OUT THE 19
POWERS GRANTED BY TH IS SUBTITLE. 20
(B) THE AUTHORITY MAY DELEGATE ANY POWER OR DUTY IT CONSIDERS 21
APPROPRIATE TO A MEM BER, AN OFFICER, AN AGENT, OR AN EMPLOYEE OF TH E 22
AUTHORITY. 23
10.5–207. 24
(A) (1) THE AUTHORITY SHALL PREPA RE A REGIONAL CONGES TION 25
RELIEF PLAN FOR THE CAPITAL REGION THAT INCLUDES TRANS PORTATION 26
IMPROVEMENTS OF REGI ONAL SIGNIFICANCE . 27
(2) THE AUTHORITY MAY REVISE THE REGIONAL CONGEST ION 28
RELIEF PLAN. 29
12 SENATE BILL 1126
(B) AFTER THE ADOPTION OF A REGIONAL CONGESTIO N RELIEF PLAN, THE 1
AUTHORITY MAY CONSTRU CT OR ACQUIRE , BY PURCHASE , LEASE, CONTRACT, OR 2
OTHERWISE, THE TRANSPORTATION F ACILITIES SPECIFIED IN THE REGIONAL 3
CONGESTION RELIEF PL AN. 4
10.5–208. 5
THE AUTHORITY SHALL HAVE THE FOLLOWING DUTIES AND 6
RESPONSIBILITIES : 7
(1) GENERAL OVERSIGHT OF REGIONAL PROGRAMS IN VOLVING 8
CONGESTION MITIGATIO N; 9
(2) LONG–RANGE REGIONAL PLANN ING FOR THE CAPITAL REGION, 10
BOTH FISCALLY CONSTR AINED AND UNCONSTRAI NED; 11
(3) RECOMMENDING TO STATE, REGIONAL, AND FEDERAL AGENCIES 12
REGIONAL TRANSPORTAT ION PRIORITIES , INCLUDING PUBLIC –PRIVATE 13
TRANSPORTATION PROJE CTS, AND FUNDING ALLOCATIONS ; 14
(4) ALLOCATING TO PRIORIT Y REGIONAL TRANSPORT ATION 15
PROJECTS ANY FUNDS M ADE AVAILABLE TO THE AUTHORITY AND , AT THE 16
DISCRETION OF THE AUTHORITY, DIRECTLY OVERSEEING THE PROJECTS ; 17
(5) RECOMMENDING TO THE DEPARTMENT PRIORITY R EGIONAL 18
TRANSPORTATION PROJECTS FOR RECEIPT OF FEDER AL AND STATE FUNDS; 19
(6) RECOMMENDING TO THE DEPARTMENT USE OR CHA NGES IN USE 20
OF TOLLS OR CHARGES FOR FACILITIES IN TH E CAPITAL REGION ; 21
(7) GENERAL OVERSIGHT OF REGIONAL TRANSPORTAT ION ISSUES OF 22
A MULTIJURISDICT IONAL NATURE , INCLUDING INTELLIGEN T TRANSPORTATION 23
SYSTEMS, SIGNALIZATION, AND PREPARATION FOR AND RESPONSE TO 24
EMERGENCIES ; 25
(8) SERVING AS AN ADVOCAT E FOR THE TRANSPORTA TION NEEDS OF 26
THE CAPITAL REGION B EFORE THE STATE AND FEDERAL GOV ERNMENTS; AND 27
(9) APPLYING TO AND NEGOT IATING WITH THE FEDE RAL 28
GOVERNMENT AND THE STATE FOR GRANTS AND ANY OTHER FUNDS AVAI LABLE TO 29
CARRY OUT THE PURPOS ES OF THIS SUBTITLE . 30
10.5–209. 31 SENATE BILL 1126 13
(A) IN THIS SECTION, “FUND” MEANS THE CAPITAL REGION CONGESTION 1
RELIEF FUND. 2
(B) THERE IS A CAPITAL REGION CONGESTION RELIEF FUND. 3
(C) THE PURPOSE OF THE FUND IS TO FINANCE TR ANSPORTATION 4
FACILITIES IN THE CA PITAL REGION. 5
(D) THE EXECUTIVE DIRECTOR OF THE AUTHORITY SHALL ADMIN ISTER 6
THE FUND. 7
(E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 8
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 9
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 10
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 11
(F) THE FUND CONSISTS OF : 12
(1) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 13
(2) INTEREST EARNINGS ; AND 14
(3) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 15
THE BENEFIT OF THE FUND. 16
(G) THE FUND MAY BE USED ONLY FOR THE FINANCING OF 17
TRANSPORTATION FACIL ITIES IN THE CAPITAL REGION. 18
(H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 19
IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 20
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 21
THE FUND. 22
(I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 23
WITH THE STATE BUDGET . 24
(J) MONEY EXPENDED FROM T HE FUND FOR FINANCING TR ANSPORTATION 25
FACILITIES IN THE CA PITAL REGION IS SUPP LEMENTAL TO AND IS N OT INTENDED 26
TO TAKE THE PLACE OF FUNDING THAT OTHERWI SE WOULD BE APPROPRI ATED FOR 27
TRANSPORTATION FACIL ITIES IN THE CAPITAL REGION. 28 14 SENATE BILL 1126
10.5–210. 1
ON OR BEFORE JANUARY 1, 2025, AND EACH JANUARY 1 THEREAFTER , THE 2
AUTHORITY SHALL REPOR T TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 3
2–1257 OF THE STATE GOVERNMENT ARTICLE, ON THE ACTIVITIES OF THE 4
AUTHORITY DURING THE PRIOR YEAR. 5
SUBTITLE 3. SOUTHERN MARYLAND REGION TRANSPORTATION AUTHORITY. 6
10.5–301. 7
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 8
INDICATED. 9
(B) “AUTHORITY” MEANS THE SOUTHERN MARYLAND REGION 10
TRANSPORTATION AUTHORITY. 11
(C) “SOUTHERN MARYLAND REG ION” MEANS CALVERT COUNTY, CHARLES 12
COUNTY, AND ST. MARY’S COUNTY. 13
(D) “TRANSPORTATION FACILI TY” HAS THE MEANING STAT ED IN § 3–101 OF 14
THIS ARTICLE. 15
10.5–302. 16
(A) THERE IS A SOUTHERN MARYLAND REGION TRANSPORTATION 17
AUTHORITY. 18
(B) THE AUTHORITY IS A BOD Y POLITIC AND CORPOR ATE AND IS AN 19
INSTRUMENTALITY OF T HE STATE. 20
(C) THE EXERCISE BY THE AUTHORITY OF A POWER UNDER THIS SUBTITLE 21
IS THE PERFORMANCE O F AN ESSENTIAL GOVER NMENTAL FUNCTION . 22
10.5–303. 23
THE PURPOSE OF THE AUTHORITY IS TO PREPA RE AND IMPLEMENT A 24
REGIONAL CONGESTION RELIEF PLAN FOR THE SOUTHERN MARYLAND REGION . 25
10.5–304. 26
(A) THE AUTHORITY CONSISTS OF THE FOLLOWING MEMBER S: 27 SENATE BILL 1126 15
(1) ONE MEMBER APPOINTED BY THE GOVERNING BOD Y OF CALVERT 1
COUNTY; 2
(2) ONE MEMBER APPOINTED BY THE GOVERNIN G BODY OF CHARLES 3
COUNTY; 4
(3) ONE MEMBER APPOINTED BY THE GOVERNING BOD Y OF ST. 5
MARY’S COUNTY; 6
(4) ONE ELECTED OFFICIAL FROM EACH MUNICIPALI TY WITHIN THE 7
SOUTHERN MARYLAND REGION , APPOINTED BY THE GOV ERNING BODY OF THE 8
MUNICIPALITY; 9
(5) ONE MEMBER OF THE SENATE OF MARYLAND WHO RESIDES 10
WITHIN THE SOUTHERN MARYLAND REGION , APPOINTED BY THE PRESIDENT OF 11
THE SENATE; 12
(6) TWO MEMBERS OF THE HOUSE OF DELEGATES WHO RESIDE 13
WITHIN THE SOUTHERN MARYLAND REGION , APPOINTED BY THE SPEAKER OF THE 14
HOUSE; AND 15
(7) TWO MEMBERS WITH EXPE RIENCE IN TRANSPORTA TION 16
PLANNING, FINANCE, ENGINEERING , CONSTRUCTION , OR MANAGEMENT , 17
APPOINTED BY THE GOVERNOR. 18
(B) THE SECRETARY SHALL SERVE AS A NONVOTING , EX OFFICIO MEMBER . 19
(C) (1) THE TERM OF A MEMBER IS 4 YEARS. 20
(2) AT THE END OF A TERM , A MEMBER CONTINUES T O SERVE UNTIL 21
A SUCCESSOR IS APPOI NTED AND QUALIFIES . 22
(D) FROM AMONG ITS MEMBER S, THE AUTHORITY SHALL ELECT A CHAIR 23
AND A VICE CHAIR. 24
(E) THE AUTHORITY SHALL ADOPT RULES AND REGULATION S NECESSARY 25
FOR THE CONDUC T OF ITS AFFAIRS. 26
10.5–305. 27
(A) (1) THE AUTHORITY SHALL EMPLO Y AN EXECUTIVE DIRECTOR TO 28
SERVE AS THE CHIEF E XECUTIVE OFFICER OF THE AUTHORITY. 29 16 SENATE BILL 1126
(2) THE EXECUTIVE DIRECTOR SHALL SERVE AT THE PLEASURE OF 1
THE AUTHORITY. 2
(B) THE AUTHORITY MAY EMPLOY OR RETAIN OFFICERS , STAFF, AND 3
AGENTS, INCLUDING ENGINEERIN G, ARCHITECTURAL , FISCAL, AND CONSTRUCTION 4
EXPERTS AND ATTORNEY S, AND SET THEIR COMPEN SATION. 5
10.5–306. 6
(A) THE AUTHORITY MAY : 7
(1) ADOPT BYLAWS FOR THE CONDUCT OF ITS BUSIN ESS; 8
(2) ADOPT A SEAL; 9
(3) MAINTAIN OFFICES AT A PLACE IT DESIGNATES IN THE STATE; 10
(4) ACCEPT LOANS, GRANTS, OR ASSISTANCE OF ANY KIND FROM THE 11
FEDERAL OR STATE GOVERNMENT , A LOCAL GOVERNMENT , A COLLEGE OR 12
UNIVERSITY, OR A PRIVATE SOURCE ; 13
(5) ENTER INTO CONTRACTS AND OTHER LEGAL INST RUMENTS; 14
(6) SUE OR BE SUED; 15
(7) ACQUIRE, PURCHASE, HOLD, LEASE AS LESSEE , AND USE: 16
(I) A FRANCHISE, PATENT, OR LICENSE; 17
(II) STOCK OR OTHER FORMS OF OWNERSHIP INTERES TS IN 18
CORPORATIONS , LIMITED LIABILITY CO MPANIES, PARTNERSHIPS, OR OTHER 19
ENTITIES, WHETHER OPERATED FOR PROFIT OR NOT FOR PR OFIT; 20
(III) ANY REAL, PERSONAL, MIXED, TANGIBLE, OR INTANGIBLE 21
PROPERTY; OR 22
(IV) AN INTEREST IN A PROP ERTY LISTED UNDER TH IS ITEM; 23
(8) SELL, LEASE AS LESSOR , TRANSFER, LICENSE, ASSIGN, OR 24
DISPOSE OF PROPERTY OR A PROPERTY INTERE ST THAT IT ACQUIRES ; 25
SENATE BILL 1126 17
(9) FIX AND COLLECT RATES , RENTALS, FEES, ROYALTIES, AND 1
CHARGES FOR SERVICES AND RESOURCES IT PRO VIDES OR MAKES AVAIL ABLE; 2
(10) CREATE, OWN, CONTROL, OR BE A MEMBER OF A CORPORA TION, 3
LIMITED LIABILITY CO MPANY, PARTNERSHIP , OR OTHER ENTITY , WHETHER 4
OPERATED FOR PROFIT OR NOT FOR PROFIT ; 5
(11) EXERCISE POWER USUALL Y POSSESSED BY A PRI VATE 6
CORPORATION IN PERFO RMING SIMILAR FUNCTI ONS UNLESS TO DO SO WOULD 7
CONFLICT WITH STATE LAW; AND 8
(12) DO ALL THINGS NECESSA RY OR CONVENIENT TO CARRY OUT THE 9
POWERS GRANTED BY TH IS SUBTITLE. 10
(B) THE AUTHORITY MAY DELEGAT E ANY POWER OR DUTY IT CONSIDERS 11
APPROPRIATE TO A MEM BER, AN OFFICER, AN AGENT, OR AN EMPLOYEE OF TH E 12
AUTHORITY. 13
10.5–307. 14
(A) (1) THE AUTHORITY SHALL PREPA RE A REGIONAL CONGES TION 15
RELIEF PLAN FOR THE SOUTHERN MARYLAND REGION THAT INCLUDES 16
TRANSPORTATION IMPRO VEMENTS OF REGIONAL SIGNIFICANCE. 17
(2) THE AUTHORITY MAY REVISE THE REGIONAL CONGEST ION 18
RELIEF PLAN. 19
(B) AFTER THE ADOPTION OF A REGION AL CONGESTION RELIEF PLAN, THE 20
AUTHORITY MAY CONSTRU CT OR ACQUIRE , BY PURCHASE , LEASE, CONTRACT, OR 21
OTHERWISE, THE TRANSPORTATION F ACILITIES SPECIFIED IN THE REGIONAL 22
CONGESTION RELIEF PL AN. 23
10.5–308. 24
THE AUTHORITY SHALL HAVE THE FOL LOWING DUTIES AND 25
RESPONSIBILITIES : 26
(1) GENERAL OVERSIGHT OF REGIONAL PROGRAMS IN VOLVING 27
CONGESTION MITIGATIO N; 28
(2) LONG–RANGE REGIONAL PLANN ING FOR THE SOUTHERN 29
MARYLAND REGION , BOTH FISCALLY CONSTR AINED AND UNCONSTRAI NED; 30
18 SENATE BILL 1126
(3) RECOMMENDING TO STATE, REGIONAL, AND FEDERAL AGENCIES 1
REGIONAL TRANSPORTAT ION PRIORITIES , INCLUDING PUBLIC –PRIVATE 2
TRANSPORTATION PROJE CTS, AND FUNDING ALLOCATI ONS; 3
(4) ALLOCATING TO PRIORIT Y REGIONAL TRANSPORT ATION 4
PROJECTS ANY FUNDS M ADE AVAILABLE TO THE AUTHORITY AND , AT THE 5
DISCRETION OF THE AUTHORITY, DIRECTLY OVERSEEING THE PROJECTS ; 6
(5) RECOMMENDING TO THE DEPARTMENT PRIORITY R EGIONAL 7
TRANSPORTATION PROJE CTS FOR RECEIPT OF F EDERAL AND STATE FUNDS; 8
(6) RECOMMENDING TO THE DEPARTMENT USE OR CHA NGES IN USE 9
OF TOLLS OR CHARGES FOR FA CILITIES IN THE SOUTHERN MARYLAND REGION ; 10
(7) GENERAL OVERSIGHT OF REGIONAL TRANSPORTAT ION ISSUES OF 11
A MULTIJURISDICTIONA L NATURE, INCLUDING INTELLIGEN T TRANSPORTATION 12
SYSTEMS, SIGNALIZATION, AND PREPARATION FOR AND RESPONSE TO 13
EMERGENCIES; 14
(8) SERVING AS AN ADVOCAT E FOR THE TRANSPORTA TION NEEDS OF 15
THE SOUTHERN MARYLAND REGION BEFOR E THE STATE AND FEDERAL 16
GOVERNMENTS ; AND 17
(9) APPLYING TO AND NEGOT IATING WITH THE FEDE RAL 18
GOVERNMENT AND THE STATE FOR GRANTS AND ANY OTHER FUNDS AVAILABLE TO 19
CARRY OUT THE PURPOS ES OF THIS SUBTITLE . 20
10.5–309. 21
(A) IN THIS SECTION, “FUND” MEANS THE SOUTHERN MARYLAND REGION 22
CONGESTION RELIEF FUND. 23
(B) THERE IS A SOUTHERN MARYLAND REGION CONGESTION RELIEF 24
FUND. 25
(C) THE PURPOSE OF THE FUND IS TO FINANCE TRANSPORTATI ON 26
FACILITIES IN THE SOUTHERN MARYLAND REGION . 27
(D) THE EXECUTIVE DIRECTOR OF THE AUTHORITY SHALL ADMIN ISTER 28
THE FUND. 29
(E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 30
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 31 SENATE BILL 1126 19
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 1
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 2
(F) THE FUND CONSISTS OF : 3
(1) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 4
(2) INTEREST EARNINGS ; AND 5
(3) ANY OTHER MONEY FROM ANY OTHER SOURC E ACCEPTED FOR 6
THE BENEFIT OF THE FUND. 7
(G) THE FUND MAY BE USED ONLY FOR THE FINANCING OF 8
TRANSPORTATION FACIL ITIES IN THE SOUTHERN MARYLAND REGION . 9
(H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 10
IN THE SAME MANNER AS OTHER STATE MONEY MAY BE IN VESTED. 11
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 12
THE FUND. 13
(I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 14
WITH THE STATE BUDGET . 15
(J) MONEY EXPENDED FROM T HE FUND FOR FINANCING TR ANSPORTATION 16
FACILITIES IN THE SOUTHERN MARYLAND REGION IS SU PPLEMENTAL TO AND IS 17
NOT INTENDED TO TAKE THE PLACE OF FUNDING THAT OTHERWISE WOULD BE 18
APPROPRIATED FOR TRA NSPORTATION FACILITI ES IN THE SOUTHERN MARYLAND 19
REGION. 20
10.5–310. 21
ON OR BEFORE JANUARY 1, 2025, AND EACH JANUARY 1 THEREAFTER , THE 22
AUTHORITY SHALL REPOR T TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 23
2–1257 OF THE STATE GOVERNMENT ARTICLE, ON THE ACTIVITIES OF THE 24
AUTHORITY DURING THE PRIOR YEAR. 25
SECTION 2. AND BE IT FURTHER ENACTED, That, on o r before July 1, 2025, the 26
Department of Transportation, in consultation with the Comptroller, shall report to the 27
General Assembly, in accordance with § 2–1257 of the State Government Article, on the 28
feasibility of creating local–option transportation revenues for the purpose of raising funds 29
to provide revenue for the regional transportation authorities established under Section 1 30
of this Act. 31 20 SENATE BILL 1126
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
October 1, 2024. 2