Maryland 2025 Regular Session

Maryland House Bill HB578 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	hb0578
6	6
7	7	HOUSE BILL 578
8	8	P2, P1, R2 5lr1375
9	9
10	10	By: Delegates Phillips, Mireku–North, Pasteur, Patterson, Ruff, Taylor, and
11	11	Woods
12	12	Introduced and read first time: January 23, 2025
13	13	Assigned to: Appropriations and Environment and Transportation
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Procurement – Department of Transportation and Maryland Transportation 2
20	20	Authority Contracts – Board of Public Works Authority 3
21	21
22	22	FOR the purpose of authorizing the Board of Public Works to control certain procurement 4
23	23	contracts by the Department of Transportation and Maryland Transportation 5
24	24	Authority valued at or above a certain amount; and generally relating to 6
25	25	procurement contracts and the Department of Transportation and the Maryland 7
26	26	Transportation Authority. 8
27	27
28	28	BY repealing and reenacting, with amendments, 9
29	29	Article – State Finance and Procurement 10
30	30	Section 4–415, 10–202, 12–101(a), 12–103, 12–107(a), 12–108, and 12–202(a) 11
31	31	Annotated Code of Maryland 12
32	32	(2021 Replacement Volume and 2024 Supplement) 13
33	33
34	34	BY repealing and reenacting, without amendments, 14
35	35	Article – State Finance and Procurement 15
36	36	Section 12–101(b) and 12–107(b)(3) 16
37	37	Annotated Code of Maryland 17
38	38	(2021 Replacement Volume and 2024 Supplement) 18
39	39
40	40	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
41	41	That the Laws of Maryland read as follows: 20
42	42
43	43	Article – State Finance and Procurement 21
44	44
45	45	4–415. 22
46	46	2 HOUSE BILL 578
47	47
48	48
49	49	(a) This section does not apply to any capital expenditures by the Department of 1
50	50	Transportation or the Maryland Transportation Authority in connection with State roads, 2
51	51	bridges, or highways VALUED BELOW $500,000. 3
52	52
53	53	(b) Before execution, a contract for the acquisition of land shall be: 4
54	54
55	55	(1) reviewed by the Secretary of General Services; and 5
56	56
57	57	(2) except as provided in § 12–204 of this article, after that review, 6
58	58	approved by the Board of Public Works. 7
59	59
60	60	(c) (1) This subsection does not apply to any capital expenditure VALUED 8
61	61	BELOW $500,000 by: 9
62	62
63	63	(i) the Maryland Aviation Administration; 10
64	64
65	65	(ii) the Maryland Port Administration; or 11
66	66
67	67	(iii) the Maryland Transit Administration. 12
68	68
69	69	(2) At least 40 days before the Board of Public Works may act on a land 13
70	70	acquisition, the Division shall give written notice of a potential acquisition of land: 14
71	71
72	72	(i) to the governing body of the county in which the land is located; 15
73	73	and 16
74	74
75	75	(ii) if the land is located within a municipal corporation, to the 17
76	76	governing body of the municipal corporation. 18
77	77
78	78	(3) Within 30 days after receiving notice under this subsection, the 19
79	79	governing body may submit written comments to the Division. 20
80	80
81	81	(d) The Board of Public Works shall supervise the expenditure of any money that 21
82	82	the General Assembly appropriates for the acquisition of land. 22
83	83
84	84	10–202. 23
85	85
86	86	(a) This section does not apply to property to be acquired in connection with State 24
87	87	roads, bridges, or highways VALUED BELOW $500,000. 25
88	88
89	89	(b) Subject to Title 12 of the Real Property Article, the Board may condemn 26
90	90	property for State use. 27
91	91
92	92	(c) The Department of General Services, with the approval of the Board, shall 28
93	93	adopt regulations in accordance with Title 10, Subtitle 1 of the State Government Article 29
94	94	that establish a uniform method of determining the value of any applicable life estate 30
95	95	discount for property condemned in accordance with this section. 31 HOUSE BILL 578 3
96	96
97	97
98	98
99	99	12–101. 1
100	100
101	101	(a) This section does not apply to: 2
102	102
103	103	(1) capital expenditures by the Department of Transportation or the 3
104	104	Maryland Transportation Authority, in connection with State roads, bridges, or highways, 4
105	105	as provided in § 12–202 of this title, VALUED BELOW $500,000; or 5
106	106
107	107	(2) procurements by the Department of General Services for the purpose of 6
108	108	modernizing cybersecurity infrastructure for the State valued below $1,000,000. 7
109	109
110	110	(b) (1) The Board may control procurement by units. 8
111	111
112	112	(2) To implement the provisions of this Division II, the Board may: 9
113	113
114	114	(i) set policy; 10
115	115
116	116	(ii) adopt regulations, in accordance with Title 10, Subtitle 1 of the 11
117	117	State Government Article; and 12
118	118
119	119	(iii) establish internal operational procedures consistent with this 13
120	120	Division II. 14
121	121
122	122	(3) The Board shall ensure that the regulations of the primary 15
123	123	procurement units provide for procedures that are consistent with this Division II and Title 16
124	124	13, Subtitle 4 of the State Personnel and Pensions Article and, to the extent the 17
125	125	circumstances of a particular type of procurement or a particular unit do not require 18
126	126	otherwise, are substantially the same. 19
127	127
128	128	(4) The Board may delegate any of its authority that it determines to be 20
129	129	appropriate for delegation and may require prior Board approval for specified procurement 21
130	130	actions. 22
131	131
132	132	(5) Except as limited by the Maryland Constitution, the Board may 23
133	133	exercise any control authority conferred on a primary procurement unit by this Division II 24
134	134	and, to the extent that its action conflicts with the action of the primary procurement unit, 25
135	135	the action of the Board shall prevail. 26
136	136
137	137	12–103. 27
138	138
139	139	(a) This section does not apply to capital expenditures by the Department of 28
140	140	Transportation or the Maryland Transportation Authority, in connection with State roads, 29
141	141	bridges, or highways, as provided in § 12–202 of this title, VALUED BELOW $500,000. 30
142	142
143	143	(b) Notwithstanding any delegation of authority under § 12–101 of this subtitle, 31
144	144	the Board retains full authority to engage in procurement of services and supplies for itself. 32 4 HOUSE BILL 578
145	145
146	146
147	147
148	148	(c) By resolution, the Board may authorize a Board member or a unit to exercise 1
149	149	all or any part of the authority of the Board for a specific Board procurement or for a 2
150	150	particular class of Board procurements. 3
151	151
152	152	12–107. 4
153	153
154	154	(a) This section does not apply to capital expenditures by the Department of 5
155	155	Transportation or the Maryland Transportation Authority, in connection with State roads, 6
156	156	bridges, or highways, as provided in § 12–202 of this title, VALUED BELOW $500,000. 7
157	157
158	158	(b) Subject to the authority of the Board, jurisdiction over procurement is as 8
159	159	follows: 9
160	160
161	161	(3) the Department of Transportation and the Maryland Transportation 10
162	162	Authority, without the approval of any of the other primary procurement units, may engage 11
163	163	in the procurement of: 12
164	164
165	165	(i) construction that is related to transportation, as provided in the 13
166	166	Transportation Article; 14
167	167
168	168	(ii) construction related services that are related to transportation, 15
169	169	as provided in the Transportation Article; 16
170	170
171	171	(iii) architectural or engineering services that are related to 17
172	172	transportation, under Title 13, Subtitle 3 of this article; 18
173	173
174	174	(iv) rolling stock and other property peculiar to the operation of a 19
175	175	transit system, as provided in § 7–403 of the Transportation Article; 20
176	176
177	177	(v) supplies for aeronautics related activities, including motor 21
178	178	vehicles and information processing supplies, but excluding: 22
179	179
180	180	1. supplies funded by the proceeds from State general 23
181	181	obligation bonds; and 24
182	182
183	183	2. insurance; and 25
184	184
185	185	(vi) services for aeronautics related activities, including information 26
186	186	processing services, but excluding banking and financial services under the authority of the 27
187	187	State Treasurer under item (1) of this subsection; 28
188	188
189	189	12–108. 29
190	190
191	191	(a) This section does not apply to capital expenditures by the Department of 30
192	192	Transportation or the Maryland Transportation Authority, in connection with State roads, 31
193	193	bridges, or highways, as provided in § 12–202 of this title, VALUED BELOW $500,000. 32 HOUSE BILL 578 5
194	194
195	195
196	196
197	197	(b) Subject to the approval of the Board and under the coordination of the 1
198	198	Governor, each of the primary procurement units shall: 2
199	199
200	200	(1) adopt regulations to carry out this Division II; 3
201	201
202	202	(2) send to the Board a copy of each proposed regulation under item (1) of 4
203	203	this subsection; and 5
204	204
205	205	(3) send to the Board a copy of each internal operating procedure that the 6
206	206	primary procurement unit adopts. 7
207	207
208	208	12–202. 8
209	209
210	210	(a) This section does not apply to capital expenditures: 9
211	211
212	212	(1) for public school construction under Title 5, Subtitle 3 of the Education 10
213	213	Article; or 11
214	214
215	215	(2) by the Department of Transportation or the Maryland Transportation 12
216	216	Authority, in connection with State roads, bridges, or highways VALUED BELOW 13
217	217	$500,000. 14
218	218
219	219	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 15
220	220	1, 2025. 16