EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0973*
SENATE BILL 973
R2 5lr3445
By: Senator Lam
Introduced and read first time: January 28, 2025
Assigned to: Finance
A BILL ENTITLED
AN ACT concerning 1
Aviation Oversight – BWI Thurgood Marshall Airport Master Plan 2
FOR the purpose of requiring the Maryland Aviation Commission to adopt, rather than 3
approve for adoption by the Executive Director of the Maryland Aviation 4
Administration, regulations for the operation of the State–owned airports; altering 5
requirements for meetings and a quorum of the Commission; altering certain powers 6
and duties of the Administration and the Commission; requiring certain contracts to 7
be approved by the Commission; requiring the Secretary of Transportation to adopt 8
regulations governing the Master Plan process for Baltimore –Washington 9
International Thurgood Marshall Airport; requiring the Commission to adopt a 10
Master Plan for Baltimore–Washington International Thurgood Marshall Airport on 11
or before a certain date and periodically update the Master Plan; requiring the 12
Executive Director, the Secretary of the Environment, and the Commission to 13
periodically review certain regulations related to noise levels; requiring the 14
Executive Director to brief the Commission periodically on certain noise abatement 15
plans; and generally relating to oversight of aviation in the State. 16
BY repealing and reenacting, without amendments, 17
Article – Transportation 18
Section 5–201(a) 19
Annotated Code of Maryland 20
(2020 Replacement Volume and 2024 Supplement) 21
BY repealing and reenacting, with amendments, 22
Article – Transportation 23
Section 5–201(b)(2), (c), and (f), 5–201.1(b), (c), and (d), 5–202.1, 5–204(a) and (d), 24
5–208, 5–209(a), 5–213(a), 5–804, 5–806, and 5–820(a) 25
Annotated Code of Maryland 26
(2020 Replacement Volume and 2024 Supplement) 27
BY adding to 28 2 SENATE BILL 973
Article – Transportation 1
Section 5–413(e) 2
Annotated Code of Maryland 3
(2020 Replacement Volume and 2024 Supplement) 4
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5
That the Laws of Maryland read as follows: 6
Article – Transportation 7
5–201. 8
(a) There is a Maryland Aviation Commission. 9
(b) The Commission shall: 10
(2) [Approve] ADOPT regulations for the operation of the State–owned 11
airports [prior to their adoption by the Executive Director]; 12
(c) (1) The Commission shall consist of 13 voting members: 13
(i) 12 appointed by the Governor with the advice and consent of the 14
Senate: 15
1. Two of whom shall be recommended by the Anne Arundel 16
County Senate Delegation; and 17
2. Two of whom shall be recommended by the Howard 18
County Senate Delegation; and 19
(ii) The Secretary of Transportation, who shall be the [Chairman] 20
CHAIR of the Commission. 21
(2) The Secretary of Commerce shall serve as a nonvoting ex officio 22
Commission member. 23
(f) (1) The Commission shall meet at a time and place designated by the 24
[Chairman] CHAIR of the Commission. 25
(2) The Commission shall meet as often as its duties require, but [not less 26
than quarterly] SHALL HOLD AT LEAST 10 MEETINGS EACH YEAR , OF WHICH FOUR 27
MEETINGS MAY BE MEETINGS OF SUBCOMMITTEES OF THE COMMISSION 28
DESIGNATED BY THE CHAIR. 29
(3) (i) Attendance by [five] A MAJORITY OF THE VOTING members 30
shall constitute a quorum. 31 SENATE BILL 973 3
(ii) No formal action may be taken by the Commission except by an 1
affirmative vote of a majority of the entire Commission. 2
5–201.1. 3
(b) Actions of the Commission which, in the judgment of the [Chairman] CHAIR, 4
have an impact upon the Transportation Trust Fund are subject to the approval of the 5
[Chairman] CHAIR. 6
(c) The [Chairman] CHAIR of the Commission shall: 7
(1) Based on the advice of the Commission and subject to the approval of 8
the Governor, appoint the Executive Director of the Administration in accordance with § 9
5–501 of the General Provisions Article; and 10
(2) Approve the Administration’s budget before its submission for the 11
Governor’s approval and inclusion in the proposed budget submitted to the General 12
Assembly. 13
(d) The [Chairman] CHAIR of the Commission with the advice of the Commission 14
may remove the Executive Director of the Administration. 15
5–202.1. 16
(a) The head of the Administration is the Executive Director. 17
(b) (1) The Executive Director shall report directly to the Commission. 18
(2) Subject to the direction of the Commission and in accordance with other 19
provisions of law, the Executive Director is responsible for CARRYING OUT : 20
(i) [Carrying out the] THE powers and duties vested by law in the 21
Administration; and 22
(ii) [Adopting and carrying out regulations] REGULATIONS 23
ADOPTED BY THE COMMISSION. 24
(c) The Executive Director is entitled to the salary provided in the State budget. 25
5–204. 26
(a) In addition to the specific powers granted and duties imposed by this title, 27
AND SUBJECT TO THE S UPERVISION OF THE COMMISSION, the Administration has the 28
powers and duties set forth in this section. 29
4 SENATE BILL 973
(d) With the approval of the Secretary, the Administration may: 1
(1) Recommend necessary legislation to advance the interests of this State 2
in aeronautics; 3
(2) Represent this State in aeronautics matters before any agency of this 4
or any other state or of the federal government; 5
(3) Participate on behalf of this State or any political subdivision or citizen 6
of this State as party plaintiff or defendant or as intervenor in any controversy that involves 7
the interest of this State in aeronautics; and 8
(4) [Adopt] PROPOSE FOR ADOPTION BY THE COMMISSION rules and 9
regulations for the functioning and administration of the Administration. 10
5–208. 11
(a) (1) The [Administration] COMMISSION may perform any act, issue and 12
amend any order, adopt and amend any general or special rule, regulation, or procedure, 13
and establish any minimum standard consistent with this title and necessary: 14
(i) To perform its duties and carry out the provisions of this title; 15
(ii) To protect the general public safety, the safety of persons who 16
operate, use, or travel in aircraft, the safety of persons who receive instructions in flying or 17
ground subjects that relate to aeronautics, or the safety of persons and property on land or 18
water; or 19
(iii) To develop and promote aeronautics in this State. 20
(2) The [Administration] COMMISSION may adopt rules and regulations 21
by which a person engaging in aeronautics may be required to establish financial 22
responsibility for any damage or injury that might be caused by the person. 23
(3) (i) The [Administration] COMMISSION shall adopt rules and 24
regulations requiring the use of security identification badges in airports consistent with 25
any airport security program regulations adopted under this section. 26
(ii) After notice and opportunity for a hearing as provided under § 27
5–210 of this subtitle, the Administration may order a civil penalty not exceeding $1,000 28
for the misuse of a security identification badge in violation of an airport security program 29
adopted under subparagraph (i) of this paragraph. 30
(b) (1) A rule or regulation adopted by the [Administration] COMMISSION 31
may not apply to any airport, airport facility, or air navigation facility that is owned or 32
operated by the United States. 33
SENATE BILL 973 5
(2) A rule, regulation, order, or standard of the [Administration] 1
COMMISSION may not be inconsistent with or contrary to federal law. 2
(c) Copies of all rules, regulations, and standards shall be filed in accordance with 3
the Administrative Procedure Act and the State Documents Law and shall be made 4
available to the public. 5
5–209. 6
(a) The Executive Director or any officer or employee of the Administration 7
designated by the Executive Director may conduct investigations, inquiries, and hearings 8
as to: 9
(1) Any matter covered by this title or by a rule, regulation, or order of the 10
Administration OR COMMISSION; or 11
(2) Any aeronautics accident in this State. 12
5–213. 13
(a) (1) [The] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 14
Administration may make any contract necessary for or incidental to the performance of 15
its duties and the exercise of its powers under this title. 16
(2) A CONTRACT INVOLVING CONSIDERAT ION EXCEEDING $1,000,000 17
MUST BE APPROVED BY THE COMMISSION IN A PUBLI C MEETING BEFORE THE 18
CONTRACT MAY BECOME EFFECTIVE. 19
5–413. 20
(E) (1) ON OR BEFORE DECEMBER 31, 2026, THE SECRETARY, WITH THE 21
ADVICE OF THE COMMISSION, SHALL ADOPT REGULATI ONS TO GOVERN THE 22
MASTER PLAN PROCESS FOR BALTIMORE–WASHINGTON INTERNATIONAL 23
THURGOOD MARSHALL AIRPORT. 24
(2) THE REGULATIONS SHALL : 25
(I) DEFINE MAJOR AIRPORT PROJECTS ; 26
(II) REQUIRE THAT A MASTER PLAN INCLUDE MAJOR AI RPORT 27
PROJECTS PLANNED FOR THE NEXT 10 YEARS; 28
(III) REQUIRE AT LEAST TWO PUBLIC HEARINGS AND A PUBLIC 29
COMMENT PERIOD BEFORE ADOPTION OF A MASTER PLAN; 30
6 SENATE BILL 973
(IV) REQUIRE PUBLIC DISTRI BUTION OF A PROPOSED MASTER 1
PLAN, INCLUDING THE DISTRI BUTION OF COPIES OF A PROPOSED MASTER PLAN TO 2
EACH COUNTY THAT IS WITHIN THE BALTIMORE–WASHINGTON INTERNATIONAL 3
THURGOOD MARSHALL AIRPORT NOISE ZONE ; AND 4
(V) REQUIRE AT LEAST ONE PUBLIC HEARING : 5
1. BEFORE CONSTRUCTION B EGINS ON A MAJOR 6
AIRPORT PROJECT ; OR 7
2. WHEN THERE IS A PROPOSAL TO ADD A MAJOR 8
AIRPORT PROJECT TO THE MASTER PLAN. 9
(3) ON OR BEFORE DECEMBER 31, 2026, THE COMMISSION SHALL 10
ADOPT A MASTER PLAN CONSISTENT WITH THE REGULATIONS ADOP TED UNDER 11
THIS SUBSECTION. 12
(4) AT LEAST ONCE EVERY 10 YEARS, THE COMMISSION SHALL 13
UPDATE THE MASTER PLAN CONSISTENT WITH THE REGULATIONS ADOP TED UNDER 14
THIS SUBSECTION. 15
5–804. 16
(a) With the endorsement of the Secretary and the Secretary of the Environment 17
and after a public hearing following 60 days’ notice, the Executive Director shall adopt 18
regulations that establish limits for cumulative noise exposure for residential and other 19
land uses on the basis of the noise sensitivity of a given land use. 20
(b) In adopting limits under this section, the Executive Director shall: 21
(1) Consider: 22
(i) The general health and welfare; 23
(ii) The rights of property owners; 24
(iii) Accepted scientific and professional standards; and 25
(iv) The recommendations of the Federal Aviation Administration 26
and Environmental Protection Agency; and 27
(2) Set the limits at the most restrictive level that, through the application 28
of the best available technology at a reasonable cost and without impairing the safety of 29
flight, is consistent with attaining the environmental noise standards adopted by the 30
Maryland Department of Health. 31 SENATE BILL 973 7
(C) THE EXECUTIVE DIRECTOR, THE SECRETARY OF THE ENVIRONMENT , 1
AND THE COMMISSION SHALL REVIEW THE REG ULATIONS ADOPTED UND ER THIS 2
SECTION EVERY 5 YEARS TO DETERMINE WHETHER THE REGULATIONS NEED TO BE 3
UPDATED. 4
5–806. 5
(a) (1) As to each noise abatement plan the Executive Director approves, the 6
airport operator shall: 7
(i) Begin to carry out the plan within 6 months of its approval; and 8
(ii) Except as provided in paragraph (2) of this subsection, fully carry 9
out the plan within 18 months of its approval. 10
(2) The Executive Director may grant a delay of up to 2 years to carry out 11
the plan fully if the Executive Director finds that, despite the good faith efforts of the 12
operator, the operator cannot comply with the schedule required by this subsection. 13
(b) After notice and a public hearing, the Executive Director shall certify and 14
publish, as a noise zone for purposes of Parts III and IV of this subtitle, any noise zone that 15
results from an approved assessment or an approved plan. 16
(c) On application by the airport operator or an affected political subdivision, the 17
Executive Director shall consider any adjustment to an approved plan or noise zone that is 18
needed to reflect potential operational changes, changes in adjoining land uses, or other 19
factors. Adjustments may be made only by recertification of the noise zone by the Executive 20
Director, after notice and a public hearing. 21
(d) Before any hearing under this section, the Executive Director shall give the 22
chief executive officer and zoning board of any affected political subdivision an opportunity 23
to comment. After certification of a noise zone, the Administration shall notify them of the 24
certified noise zone. 25
(e) The Executive Director may adopt rules and regulations for monitoring 26
compliance with approved plans. 27
(F) AT LEAST ANNUALLY , THE EXECUTIVE DIRECTOR SHALL BRIEF THE 28
COMMISSION AT A PUBLIC HEARING ON THE STATUS OF NOISE ABATEMENT PLANS 29
ADOPTED UNDER THIS S ECTION AND ANY POTENTIAL ISSUES WITH COMPLIANCE 30
WITH THE PLANS . 31
5–820. 32
8 SENATE BILL 973
(a) After the Executive Director certifies and publishes a noise zone for a 1
State–owned airport, [he] THE EXECUTIVE DIRECTOR shall [adopt] PROPOSE FOR 2
ADOPTION BY THE COMMISSION, administer, and enforce regulations for the airport in 3
the same manner that a political subdivision enforces its regulations under Part III of this 4
subtitle. 5
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 6
October 1, 2025. 7