EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0517*
HOUSE BILL 517
R2 5lr1146
CF SB 401
By: Delegates Korman and Solomon
Introduced and read first time: January 22, 2025
Assigned to: Environment and Transportation and Appropriations
A BILL ENTITLED
AN ACT concerning 1
Transportation – Maryland Area Rail Commuter Rail Authority – Establishment 2
(MARC Rail Authority Act of 2025) 3
FOR the purpose of establishing the Maryland Area Rail Commuter (MARC) Rail Authority 4
and the powers and duties of the MARC Rail Authority, acting on behalf of the 5
Department of Transportation, has with respect to the supervision, construction, 6
operation, maintenance, and repair of MARC railroad facilities projects; and 7
generally relating to the establishment of the Maryland Area Rail Commuter 8
(MARC) Rail Authority. 9
BY adding to 10
Article – Transportation 11
Section 7–1301 through 7–1310 to be under the new subtitle “Subtitle 13. Maryland 12
Area Rail Commuter (MARC) Rail Authority” 13
Annotated Code of Maryland 14
(2020 Replacement Volume and 2024 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Transportation 18
SUBTITLE 13. MARYLAND AREA RAIL COMMUTER (MARC) RAIL AUTHORITY. 19
7–1301. 20
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 21
INDICATED. 22
(B) “MARC” MEANS MARYLAND AREA RAIL COMMUTER RAIL SERVICE . 23 2 HOUSE BILL 517
(C) “MARC RAILROAD FACILITIES PROJECT” INCLUDES: 1
(1) (I) THE BRUNSWICK, CAMDEN, OR PENN LINES OF THE 2
MARYLAND AREA RAIL COMMUTER (MARC) SERVICE; AND 3
(II) EXTENDING MARC SERVICE; AND 4
(2) ANY ADDITIONS, IMPROVEMENTS , OR ENLARGEMENTS TO A NY OF 5
THE PROJECTS LISTED UNDER ITEM (1) OF THIS SUBSECTION , WHENEVER 6
AUTHORIZED . 7
7–1302. 8
THERE IS A MARC RAIL AUTHORITY. 9
7–1303. 10
(A) (1) THE SECRETARY IS THE CHAI R OF THE MARC RAIL AUTHORITY. 11
(2) THE SECRETARY SHALL DESIG NATE AN EXECUTIVE DIRECTOR 12
OF THE MARC RAIL AUTHORITY. 13
(B) IN ADDITION TO THE CH AIR, THE MARC RAIL AUTHORITY CONSI STS OF 14
THE FOLLOWING MEMBER S: 15
(1) (I) ONE MEMBER WITH A BAC KGROUND IN RAIL TRAN SIT, 16
APPOINTED BY THE PRESIDENT OF THE SENATE; AND 17
(II) ONE MEMBER WITH A BAC KGROUND IN RAIL TRAN SIT, 18
APPOINTED BY THE SPEAKER OF THE HOUSE; AND 19
(2) AS AN EX OFFICIO M EMBER, THE EXECUTIVE DIRECTOR OF THE 20
MARC RAIL AUTHORITY. 21
(C) (1) THE TERM OF AN APPOIN TED MEMBER IS 4 YEARS. 22
(2) AN APPOINTED MEMBER M AY NOT SERVE MORE TH AN THREE 23
CONSECUTIVE TERMS . 24
(3) AT THE END OF A TERM , A MEMBER CONTINUES T O SERVE UNTIL 25
A SUCCESSOR IS APPOINTED AND QUALIFIES. 26
HOUSE BILL 517 3
(4) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN SERVES 1
ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINT ED AND 2
QUALIFIES. 3
(D) AN APPOINTED MEMBER O F THE MARC RAIL AUTHORITY IS ENTITLED 4
TO: 5
(1) THE COMPENSATION PROV IDED IN THE STATE BUDGET ; AND 6
(2) REIMBURSEMENT FOR EXP ENSES UNDER THE STANDARD STATE 7
TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET . 8
(E) THE MARC RAIL AUTHORITY IS SUBJECT TO THE OPEN MEETINGS 9
ACT UNDER TITLE 3 OF THE GENERAL PROVISIONS ARTICLE. 10
7–1304. 11
(A) THE MARC RAIL AUTHORITY IS ENTITLED TO THE STAFF PROVIDE D IN 12
THE STATE BUDGET . 13
(B) THE SECRETARY SHALL PROVI DE THE MARC RAIL AUTHORITY WITH 14
THE PERSONNEL OF THE DEPARTMENT THAT THE SECRETARY CONSIDERS 15
NECESSARY FOR PE RFORMANCE OF THE MAI NTENANCE AND OTHER F UNCTIONS 16
REQUIRED OF THE MARC RAIL AUTHORITY TO MEET ITS OBLIGATIONS WITH 17
RESPECT TO ITS MARC RAILROAD FACILITIES PROJECTS. 18
7–1305. 19
(A) (1) ACTING ON BEHALF OF T HE DEPARTMENT , THE MARC RAIL 20
AUTHORITY HAS THOSE P OWERS AND DUTIES RELAT ING TO THE SUPERVISI ON, 21
FINANCING, CONSTRUCTION , OPERATION, MAINTENANCE , AND REPAIR OF MARC 22
RAILROAD FACILITIES PROJECTS AS ARE GRAN TED TO IT BY THIS SU BTITLE. 23
(2) THE MARC RAIL AUTHORITY MAY : 24
(I) DELEGATE PROJECT OPER ATIONS, MAINTENANCE, AND 25
REPAIR TO THE ADMINISTRATION ; AND 26
(II) USE FARE REVENUE TO P ROVIDE THE ADMINISTRATION 27
WITH PAYMENTS FOR PR OJECT OPERATIONS , MAINTENANCE , AND REPAIR. 28
(B) THE MARC RAIL AUTHORITY HAS GENERAL SUPERVISION OF MARC 29
RAILROAD FACILITIES PROJECTS. 30 4 HOUSE BILL 517
(C) THE MARC RAIL AUTHORITY SHALL FINAN CE, CONSTRUCT, OPERATE, 1
REPAIR, AND MAINTAIN IN GOOD ORDER THE MARC RAILROAD FACILITIES . 2
(D) THE MARC RAIL AUTHORITY SHALL , TO THE EXTENT PRACTI CABLE, 3
ADHERE TO THE TRANSI T PLANS PREPARED UND ER SUBTITLE 3 OF THIS TITLE. 4
7–1306. 5
(A) THE MARC RAIL AUTHORITY MAY ACQUIRE , HOLD, AND DISPOSE OF 6
PROPERTY IN THE EXER CISE OF ITS POWERS A ND PERFORMANCE OF IT S DUTIES. 7
(B) THE MARC RAIL AUTHORITY MAY MAKE AN Y CONTRACTS AND 8
AGREEMENTS NECESSARY OR INCIDENTAL TO T HE EXERCISE OF ITS P OWERS AND 9
PERFORMANCE OF ITS D UTIES. 10
(C) THE MARC RAIL AUTHORITY MAY APPLY F OR AND RECEIVE GRANT S 11
FROM ANY FEDERAL AGE NCY FOR THE PLANNING , CONSTRUCTION , OPERATION, OR 12
FINANCING OF ANY PAS SENGER RAIL OR TRANS IT PROJECT AND MAY R ECEIVE AID 13
OR CONTRIBUTIONS OF MONEY, PROPERTY, LABOR, OR OTHER THINGS OF V ALUE 14
FROM ANY SOURCE , TO BE HELD, USED, AND APPLIED FOR THE PURPOSES FOR 15
WHICH THE GRANTS , AID, AND CONTRIBUTIONS AR E MADE. 16
(D) THE MARC RAIL AUTHORITY MAY ADOPT R ULES AND REGULATIONS TO 17
CARRY OUT THE PROVIS IONS OF THIS SUBTITL E. 18
(E) THE MARC RAIL AUTHORITY MAY DO ANYT HING ELSE NECESSARY OR 19
CONVENIENT TO CARRY OUT THE POWERS GRANT ED IN THIS SUBTITLE . 20
7–1307. 21
SUBJECT TO TITLE 12 OF THE REAL PROPERTY ARTICLE AND CHAPTER 608 22
OF THE ACTS OF THE GENERAL ASSEMBLY OF 1976, THE MARC RAIL AUTHORITY 23
MAY CONDEMN PROPERTY FOR ANY MARC RAILROAD FACILITIES PROJECT. 24
7–1308. 25
THE MARC RAIL AUTHORITY MAY CONTRAC T WITH THE ADMINISTRATION 26
TO AUTHORIZE ADMINISTRATION POLICE OFFICERS TO EXERCISE THE POWERS 27
DESCRIBED UNDER § 7–207 OF THIS TITLE ON PRO PERTY OWNED , LEASED, OR 28
OPERATED BY OR UNDER THE CONTROL OF THE MARC RAIL AUTHORITY. 29
7–1309. 30 HOUSE BILL 517 5
(A) THE MARC RAIL AUTHORITY SHALL MAKE PUBLICLY AVAILABLE O N 1
ITS WEBSITE: 2
(1) EACH OPEN MEETING AGE NDA: 3
(I) AT LEAST 48 HOURS IN ADVANCE OF EACH MEETING ; OR 4
(II) IF THE MEETING IS BEI NG HELD DUE TO AN EM ERGENCY, A 5
NATURAL DISASTER , OR ANY OTHER UNANTIC IPATED SITUATION , AS FAR IN 6
ADVANCE OF THE MEETI NG AS PRACTICABLE ; 7
(2) MEETING MINUTES FROM THE PORTIONS OF A MEETING THA T 8
WERE HELD IN OPEN SE SSION, NOT MORE THAN 2 BUSINESS DAYS AFTER THE 9
MINUTES ARE APPROVED ; 10
(3) LIVE VIDEO STREAMING OF EACH OPEN MEETING OF THE MARC 11
RAIL AUTHORITY THAT IS HEL D AT: 12
(I) THE HEADQUARTERS OF T HE MARC RAIL AUTHORITY; OR 13
(II) ANY OTHER LOCATION WH ERE THE MARC RAIL 14
AUTHORITY HAS HELD AT LEAST 10 MEETINGS DURING THE IMMEDIATELY 15
PRECEDING CALENDAR Y EAR; AND 16
(4) A COMPLETE AND UNEDITE D ARCHIVED VIDEO REC ORDING OF 17
EACH OPEN MEETING FO R WHICH LIVE VIDEO S TREAMING WAS MADE AVAILABLE 18
UNDER ITEM (3) OF THIS SUBSECTION F OR A MINIMUM OF 5 YEARS AFTER THE DATE 19
OF THE MEETING . 20
(B) THE DEPARTMENT OF INFORMATION TECHNOLOGY SHALL PROV IDE TO 21
THE MARC RAIL AUTHORITY THE TECHNIC AL STAFF, SUPPORT, AND EQUIPMENT 22
NECESSARY TO LIVEST REAM THE OPEN MEETIN GS OF THE MARC RAIL AUTHORITY. 23
7–1310. 24
(A) ON AN ANNUAL BASIS , THE DEPARTMENT SHALL ALLO CATE TO THE 25
MARC RAIL AUTHORITY THE REVENUE NEEDED TO SUPPORT TH E MARC 26
OPERATING AND CAPITA L BUDGETS. 27
(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 28
MARC FARES AND ANY OTHER REVENUE FROM CHARGES IMPOSED FOR MARC 29
SERVICE MAY BE USED ONLY TO SUPPORT THE MARC RAIL AUTHORITY. 30 6 HOUSE BILL 517
(2) TO THE EXTENT REQUIRE D UNDER FINANCING AG REEMENTS 1
UNDER TITLE 4, SUBTITLE 3 OF THIS ARTICLE ENTE RED INTO ON OR BEFORE 2
OCTOBER 1, 2024, MARC FARES AND ANY OTHER REVENUE FROM CHARGES 3
IMPOSED FOR MARC SERVICE SHALL CONTIN UE TO SUPPORT THOSE EXISTING 4
INSTRUMENTS AND OBLI GATIONS. 5
SECTION 2. AND BE IT FURTHER ENACTED, That the Maryland Department of 6
Transportation shall transition all MARC operations and contracts to the MARC Rail 7
Authority to the extent permissible by such agreements. 8
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 9
1, 2025. 10