EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0578*
HOUSE BILL 578
P2, P1, R2 5lr1375
By: Delegates Phillips, Mireku–North, Pasteur, Patterson, Ruff, Taylor, and
Woods
Introduced and read first time: January 23, 2025
Assigned to: Appropriations and Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Procurement – Department of Transportation and Maryland Transportation 2
Authority Contracts – Board of Public Works Authority 3
FOR the purpose of authorizing the Board of Public Works to control certain procurement 4
contracts by the Department of Transportation and Maryland Transportation 5
Authority valued at or above a certain amount; and generally relating to 6
procurement contracts and the Department of Transportation and the Maryland 7
Transportation Authority. 8
BY repealing and reenacting, with amendments, 9
Article – State Finance and Procurement 10
Section 4–415, 10–202, 12–101(a), 12–103, 12–107(a), 12–108, and 12–202(a) 11
Annotated Code of Maryland 12
(2021 Replacement Volume and 2024 Supplement) 13
BY repealing and reenacting, without amendments, 14
Article – State Finance and Procurement 15
Section 12–101(b) and 12–107(b)(3) 16
Annotated Code of Maryland 17
(2021 Replacement Volume and 2024 Supplement) 18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20
Article – State Finance and Procurement 21
4–415. 22
2 HOUSE BILL 578
(a) This section does not apply to any capital expenditures by the Department of 1
Transportation or the Maryland Transportation Authority in connection with State roads, 2
bridges, or highways VALUED BELOW $500,000. 3
(b) Before execution, a contract for the acquisition of land shall be: 4
(1) reviewed by the Secretary of General Services; and 5
(2) except as provided in § 12–204 of this article, after that review, 6
approved by the Board of Public Works. 7
(c) (1) This subsection does not apply to any capital expenditure VALUED 8
BELOW $500,000 by: 9
(i) the Maryland Aviation Administration; 10
(ii) the Maryland Port Administration; or 11
(iii) the Maryland Transit Administration. 12
(2) At least 40 days before the Board of Public Works may act on a land 13
acquisition, the Division shall give written notice of a potential acquisition of land: 14
(i) to the governing body of the county in which the land is located; 15
and 16
(ii) if the land is located within a municipal corporation, to the 17
governing body of the municipal corporation. 18
(3) Within 30 days after receiving notice under this subsection, the 19
governing body may submit written comments to the Division. 20
(d) The Board of Public Works shall supervise the expenditure of any money that 21
the General Assembly appropriates for the acquisition of land. 22
10–202. 23
(a) This section does not apply to property to be acquired in connection with State 24
roads, bridges, or highways VALUED BELOW $500,000. 25
(b) Subject to Title 12 of the Real Property Article, the Board may condemn 26
property for State use. 27
(c) The Department of General Services, with the approval of the Board, shall 28
adopt regulations in accordance with Title 10, Subtitle 1 of the State Government Article 29
that establish a uniform method of determining the value of any applicable life estate 30
discount for property condemned in accordance with this section. 31 HOUSE BILL 578 3
12–101. 1
(a) This section does not apply to: 2
(1) capital expenditures by the Department of Transportation or the 3
Maryland Transportation Authority, in connection with State roads, bridges, or highways, 4
as provided in § 12–202 of this title, VALUED BELOW $500,000; or 5
(2) procurements by the Department of General Services for the purpose of 6
modernizing cybersecurity infrastructure for the State valued below $1,000,000. 7
(b) (1) The Board may control procurement by units. 8
(2) To implement the provisions of this Division II, the Board may: 9
(i) set policy; 10
(ii) adopt regulations, in accordance with Title 10, Subtitle 1 of the 11
State Government Article; and 12
(iii) establish internal operational procedures consistent with this 13
Division II. 14
(3) The Board shall ensure that the regulations of the primary 15
procurement units provide for procedures that are consistent with this Division II and Title 16
13, Subtitle 4 of the State Personnel and Pensions Article and, to the extent the 17
circumstances of a particular type of procurement or a particular unit do not require 18
otherwise, are substantially the same. 19
(4) The Board may delegate any of its authority that it determines to be 20
appropriate for delegation and may require prior Board approval for specified procurement 21
actions. 22
(5) Except as limited by the Maryland Constitution, the Board may 23
exercise any control authority conferred on a primary procurement unit by this Division II 24
and, to the extent that its action conflicts with the action of the primary procurement unit, 25
the action of the Board shall prevail. 26
12–103. 27
(a) This section does not apply to capital expenditures by the Department of 28
Transportation or the Maryland Transportation Authority, in connection with State roads, 29
bridges, or highways, as provided in § 12–202 of this title, VALUED BELOW $500,000. 30
(b) Notwithstanding any delegation of authority under § 12–101 of this subtitle, 31
the Board retains full authority to engage in procurement of services and supplies for itself. 32 4 HOUSE BILL 578
(c) By resolution, the Board may authorize a Board member or a unit to exercise 1
all or any part of the authority of the Board for a specific Board procurement or for a 2
particular class of Board procurements. 3
12–107. 4
(a) This section does not apply to capital expenditures by the Department of 5
Transportation or the Maryland Transportation Authority, in connection with State roads, 6
bridges, or highways, as provided in § 12–202 of this title, VALUED BELOW $500,000. 7
(b) Subject to the authority of the Board, jurisdiction over procurement is as 8
follows: 9
(3) the Department of Transportation and the Maryland Transportation 10
Authority, without the approval of any of the other primary procurement units, may engage 11
in the procurement of: 12
(i) construction that is related to transportation, as provided in the 13
Transportation Article; 14
(ii) construction related services that are related to transportation, 15
as provided in the Transportation Article; 16
(iii) architectural or engineering services that are related to 17
transportation, under Title 13, Subtitle 3 of this article; 18
(iv) rolling stock and other property peculiar to the operation of a 19
transit system, as provided in § 7–403 of the Transportation Article; 20
(v) supplies for aeronautics related activities, including motor 21
vehicles and information processing supplies, but excluding: 22
1. supplies funded by the proceeds from State general 23
obligation bonds; and 24
2. insurance; and 25
(vi) services for aeronautics related activities, including information 26
processing services, but excluding banking and financial services under the authority of the 27
State Treasurer under item (1) of this subsection; 28
12–108. 29
(a) This section does not apply to capital expenditures by the Department of 30
Transportation or the Maryland Transportation Authority, in connection with State roads, 31
bridges, or highways, as provided in § 12–202 of this title, VALUED BELOW $500,000. 32 HOUSE BILL 578 5
(b) Subject to the approval of the Board and under the coordination of the 1
Governor, each of the primary procurement units shall: 2
(1) adopt regulations to carry out this Division II; 3
(2) send to the Board a copy of each proposed regulation under item (1) of 4
this subsection; and 5
(3) send to the Board a copy of each internal operating procedure that the 6
primary procurement unit adopts. 7
12–202. 8
(a) This section does not apply to capital expenditures: 9
(1) for public school construction under Title 5, Subtitle 3 of the Education 10
Article; or 11
(2) by the Department of Transportation or the Maryland Transportation 12
Authority, in connection with State roads, bridges, or highways VALUED BELOW 13
$500,000. 14
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 15
1, 2025. 16