Maryland 2025 Regular Session

Maryland House Bill HB1068 Compare Versions

Only one version of the bill is available at this time.
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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *hb1068*
66
77 HOUSE BILL 1068
88 R2 5lr3225
99 HB 1070/24 – ENT & APP
1010 By: Delegates J. Long and Stewart
1111 Introduced and read first time: February 5, 2025
1212 Assigned to: Environment and Transportation and Appropriations
1313
1414 A BILL ENTITLED
1515
1616 AN ACT concerning 1
1717
1818 Maryland Transportation Authority – Tolls – Collection and Use 2
1919 (Maryland Toll Rate Reform Act of 2025) 3
2020
2121 FOR the purpose of establishing the Transportation Facilities Overage Account in the 4
2222 Transportation Trust Fund; requiring the Maryland Transportation Authority to fix, 5
2323 revise, charge, and collect fees, tolls, and other charges for the use of transportation 6
2424 facilities under its jurisdiction to maximize revenues above certain amounts and to 7
2525 distribute the additional revenues to the Transportation Facilities Overage Account 8
2626 for certain purposes; establishing certain standards under which the Authority is 9
2727 required to set certain toll rates; and generally relating to the collection and use of 10
2828 revenue by the Maryland Transportation Authority. 11
2929
3030 BY repealing and reenacting, without amendments, 12
3131 Article – Transportation 13
3232 Section 3–215(a), 3–216(a), and 4–312(a)(2) and (b) 14
3333 Annotated Code of Maryland 15
3434 (2020 Replacement Volume and 2024 Supplement) 16
3535
3636 BY repealing and reenacting, with amendments, 17
3737 Article – Transportation 18
3838 Section 3–215(b), 3–216(c)(2)(i), and 4–312(c) 19
3939 Annotated Code of Maryland 20
4040 (2020 Replacement Volume and 2024 Supplement) 21
4141
4242 BY adding to 22
4343 Article – Transportation 23
4444 Section 3–216(d)(6) and 4–312(b–1) 24
4545 Annotated Code of Maryland 25
4646 (2020 Replacement Volume and 2024 Supplement) 26
4747 2 HOUSE BILL 1068
4848
4949
5050 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
5151 That the Laws of Maryland read as follows: 2
5252
5353 Article – Transportation 3
5454
5555 3–215. 4
5656
5757 (a) (1) For the purpose of paying the principal of and interest on consolidated 5
5858 transportation bonds as they become due and payable, there is hereby levied and imposed 6
5959 an annual tax that consists of the taxes specified in this section and, to the extent necessary 7
6060 and except as otherwise provided in this subsection, that shall be used and applied 8
6161 exclusively for that purpose. 9
6262
6363 (2) The required use and application of the tax under paragraph (1) of this 10
6464 subsection is subject only to the prior use and application of one or all or any combination 11
6565 of the taxes specified in this section to meet the debt service on all of the following bonds 12
6666 while they are outstanding and unpaid and to the payment of which any part of those taxes 13
6767 has been pledged: 14
6868
6969 (i) Bonds of prior issues; and 15
7070
7171 (ii) Bonds of any series of county transportation bonds issued under 16
7272 Subtitle 3 of this title. 17
7373
7474 (b) The tax levied and imposed by this section consists of that part of the following 18
7575 taxes that are retained to the credit of the Department after distributions to the political 19
7676 subdivisions: 20
7777
7878 (1) The motor fuel tax revenue distributed under §§ 2–1103(2), 2–1103(3), 21
7979 and 2–1104(a)(3) of the Tax – General Article; 22
8080
8181 (2) The motor fuel tax revenue attributable to the sales and use tax 23
8282 equivalent rate imposed under § 9–306 of the Tax – General Article and distributed under 24
8383 § 2–1103(4) of the Tax – General Article; 25
8484
8585 (3) The income tax revenue distributed under § 2–614 of the Tax – General 26
8686 Article; 27
8787
8888 (4) The excise tax imposed on vehicles by Part II of Title 13, Subtitle 8 of 28
8989 this article; 29
9090
9191 (5) The sales and use tax revenues distributed under § 2–1302.1 of the Tax 30
9292 – General Article; [and] 31
9393
9494 (6) The transportation network company impact fee revenues allocated 32
9595 under § 3–216(d)(5)(i)1 of this subtitle; AND 33
9696 HOUSE BILL 1068 3
9797
9898
9999 (7) THE TRANSPORTATION FACILITIES OVERAGE ACCOUNT 1
100100 REVENUES ALLOCATED U NDER § 3–216(D)(6) OF THIS SUBTITLE . 2
101101
102102 3–216. 3
103103
104104 (a) There is a Transportation Trust Fund for the Department. 4
105105
106106 (c) (2) (i) The Gasoline and Motor Vehicle Revenue Account, the Driver 5
107107 Education Account, the Motorcycle Safety Program Account, [and] the Transportation 6
108108 Network Company Impact Fee Account , AND THE TRANSPORTATION FACILITIES 7
109109 OVERAGE ACCOUNT shall be maintained in the Transportation Trust Fund. 8
110110
111111 (d) (6) THE DEPARTMENT SHALL ALLO CATE THE FUNDS IN TH E 9
112112 TRANSPORTATION FACILITIES OVERAGE ACCOUNT FOR THE FOLLO WING 10
113113 PURPOSES, IN THE MANNER THE DEPARTMENT DETERMINES APPROPRIATE : 11
114114
115115 (I) THE CONSTRUCTION AND MAINTENANCE OF STATE 12
116116 HIGHWAYS THAT FEED V EHICULAR TRAFFIC TO A MARYLAND TRANSPORTATION 13
117117 AUTHORITY TRANSPORTAT ION FACILITY; AND 14
118118
119119 (II) STATE HIGHWAY OR TRAN SIT CONSTRUCTION OR 15
120120 MAINTENANCE PROJECTS THAT: 16
121121
122122 1. RELIEVE TRAFFIC CONGE STION AT A MARYLAND 17
123123 TRANSPORTATION AUTHORITY TRANSPORTATION FACIL ITY BY PROVIDING 18
124124 ALTERNATIVE TRANSPOR TATION OPTIONS FOR C OMMUTERS AND CARGO ; AND 19
125125
126126 2. ARE LOCATED IN THE GE NERAL VICINITY OF A 20
127127 MARYLAND TRANSPORTATION AUTHORITY TRANSPORTAT ION FACILITY. 21
128128
129129 4–312. 22
130130
131131 (a) (2) As to all or any part of any transportation facilities project, the 23
132132 Authority may: 24
133133
134134 (i) Fix, revise, charge, and collect rentals, rates, fees, tolls, and other 25
135135 charges and revenues for its use or for its services; and 26
136136
137137 (ii) Contract with any person who desires its use for any purpose and 27
138138 fix the terms, conditions, rentals, rates, fees, tolls, or other charges or revenues for this use. 28
139139
140140 (b) The rentals, rates, fees, tolls, and other charges and revenues designated as 29
141141 security for any bonds issued under this subtitle shall be fixed and adjusted from time to 30
142142 time, either with respect to a particular transportation facilities project or in respect of the 31
143143 aggregate of the charges and revenues from other transportation facilities projects under 32 4 HOUSE BILL 1068
144144
145145
146146 the control of the Authority, as may be specified by law or in any applicable resolution or 1
147147 trust agreement, so as to provide funds that, together with any other available revenues, 2
148148 are sufficient as long as the bonds are outstanding and unpaid to: 3
149149
150150 (1) Pay the costs of maintaining, repairing, and operating the 4
151151 transportation facilities project or projects financed in whole or in part by one or more series 5
152152 of outstanding and unpaid bonds, to the extent that payment is not otherwise provided; 6
153153
154154 (2) Pay the principal of and the interest on these bonds as they become due 7
155155 and payable; 8
156156
157157 (3) Create reasonable reserves that are anticipated will be needed for these 9
158158 purposes; and 10
159159
160160 (4) Provide funds for paying the cost of replacements, renewals, and 11
161161 improvements. 12
162162
163163 (B–1) (1) (I) IN THIS SUBSECTION TH E FOLLOWING WORDS HAVE THE 13
164164 MEANINGS INDICATED . 14
165165
166166 (II) “NEAR OPTIMAL TOLL RAT E” MEANS A TOLL RATE TH AT 15
167167 PROVIDES AT LEAST 95% OF THE MAXIMUM REVEN UE POSSIBLE BASED ON A 16
168168 TRANSPORTATION FACIL ITIES PROJECT’S OPTIMAL TOLL RATE . 17
169169
170170 (III) “OPTIMAL TOLL RATE ” MEANS A TOLL RATE FOR A 18
171171 TRANSPORTATION FACIL ITIES PROJECT THAT M AXIMIZES REVENUE , AS 19
172172 DETERMINED BY THE AUTHORITY. 20
173173
174174 (2) THERE IS A TRANSPORTATION FACILITIES OVERAGE ACCOUNT 21
175175 IN THE TRANSPORTATION TRUST FUND. 22
176176
177177 (3) THE AUTHORITY SHALL : 23
178178
179179 (I) FIX, REVISE, CHARGE, AND COLLECT FEES , TOLLS, AND 24
180180 OTHER CHARGES AT THE NEAR OPTIMAL TOLL RA TE; AND 25
181181
182182 (II) DISTRIBUTE REVENUE CO LLECTED ABOVE THE AM OUNTS 26
183183 REQUIRED UNDER SUBSE CTION (B) OF THIS SECTION TO T HE TRANSPORTATION 27
184184 FACILITIES OVERAGE ACCOUNT IN THE TRANSPORTATION TRUST FUND. 28
185185
186186 (4) (I) TO DETERMINE THE OPTI MAL TOLL RATE , THE AUTHORITY 29
187187 SHALL CONSIDER : 30
188188 HOUSE BILL 1068 5
189189
190190
191191 1. MARKET FORCES , INCLUDING THE TYPES OF TRAFFIC 1
192192 THAT USE A PARTICULA R TRANSPORTATION FAC ILITY, THE ELASTICITY OF DE MAND, 2
193193 AND THE AVAILABILITY OF ALTERNATE ROUTE S; AND 3
194194
195195 2. ASSESSING VARYING TOL L RATES BASED ON THE 4
196196 TIME OF DAY, THE TIME OF YEAR , AND ANY ANTICIPATED WEEKEND AND HOLIDAY 5
197197 TRAVEL. 6
198198
199199 (II) THE AUTHORITY SHALL CONSI DER: 7
200200
201201 1. OFFERING DISCOUNT RAT ES FOR SENIORS , DAILY 8
202202 COMMUTERS , LOW–INCOME STATE RESIDENTS, MARYLAND E–ZPASS HOLDERS , 9
203203 AND STATE RESIDENTS WHO L IVE IN THE VICINITY OF THE TRANSPORTATIO N 10
204204 FACILITY; AND 11
205205
206206 2. THE DISCOUNT RATES OF FERED IN DETERMINING 12
207207 THE NEAR OPTIMAL TOL L RATE. 13
208208
209209 (c) (1) Except as otherwise provided in this subsection, the rentals, rates, fees, 14
210210 tolls, and other charges and revenues are not subject to supervision or regulation by any 15
211211 instrumentality, agency, or unit of this State or any of its political subdivisions. 16
212212
213213 (2) This subtitle does not permit the exercise of any power or the 17
214214 undertaking of any activity that would conflict with the provisions and limitations of the 18
215215 federal Urban Mass Transportation Act of 1964. 19
216216
217217 (3) Tolls for the use of the bridge carrying the John F. Kennedy Memorial 20
218218 Highway over the Susquehanna River may not be less than the comparable tolls charged 21
219219 for the use of the Susquehanna River Bridge. 22
220220
221221 (4) Prior to fixing or revising tolls on any part of any transportation 23
222222 facilities project, the Authority shall provide, in accordance with § 2–1257 of the State 24
223223 Government Article, to the Senate Budget and Taxation Committee, Senate Finance 25
224224 Committee, House Appropriations Committee, and House Ways and Means Committee 26
225225 information on the proposed toll charges, including: 27
226226
227227 (i) The annual revenues generated by the toll charges; 28
228228
229229 (ii) The proposed use of the revenues; and 29
230230
231231 (iii) The proposed commuter discount rates. 30
232232
233233 (5) THE DEPARTMENT MAY USE AN Y REVENUE DISTRIBUTE D TO THE 31
234234 TRANSPORTATION FACILITIES OVERAGE ACCOUNT IN THE TRANSPORTATION 32 6 HOUSE BILL 1068
235235
236236
237237 TRUST FUND UNDER SUBSECTION (B–1) OF THIS SECTION AS A UTHORIZED UNDER § 1
238238 3–216(D)(6) OF THIS ARTICLE. 2
239239
240240 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
241241 October 1, 2025. 4