Maryland 2025 Regular Session

Maryland Senate Bill SB973 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	sb0973
6	6
7	7	SENATE BILL 973
8	8	R2 5lr3445
9	9
10	10	By: Senator Lam
11	11	Introduced and read first time: January 28, 2025
12	12	Assigned to: Finance
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Aviation Oversight – BWI Thurgood Marshall Airport Master Plan 2
19	19
20	20	FOR the purpose of requiring the Maryland Aviation Commission to adopt, rather than 3
21	21	approve for adoption by the Executive Director of the Maryland Aviation 4
22	22	Administration, regulations for the operation of the State–owned airports; altering 5
23	23	requirements for meetings and a quorum of the Commission; altering certain powers 6
24	24	and duties of the Administration and the Commission; requiring certain contracts to 7
25	25	be approved by the Commission; requiring the Secretary of Transportation to adopt 8
26	26	regulations governing the Master Plan process for Baltimore –Washington 9
27	27	International Thurgood Marshall Airport; requiring the Commission to adopt a 10
28	28	Master Plan for Baltimore–Washington International Thurgood Marshall Airport on 11
29	29	or before a certain date and periodically update the Master Plan; requiring the 12
30	30	Executive Director, the Secretary of the Environment, and the Commission to 13
31	31	periodically review certain regulations related to noise levels; requiring the 14
32	32	Executive Director to brief the Commission periodically on certain noise abatement 15
33	33	plans; and generally relating to oversight of aviation in the State. 16
34	34
35	35	BY repealing and reenacting, without amendments, 17
36	36	Article – Transportation 18
37	37	Section 5–201(a) 19
38	38	Annotated Code of Maryland 20
39	39	(2020 Replacement Volume and 2024 Supplement) 21
40	40
41	41	BY repealing and reenacting, with amendments, 22
42	42	Article – Transportation 23
43	43	Section 5–201(b)(2), (c), and (f), 5–201.1(b), (c), and (d), 5–202.1, 5–204(a) and (d), 24
44	44	5–208, 5–209(a), 5–213(a), 5–804, 5–806, and 5–820(a) 25
45	45	Annotated Code of Maryland 26
46	46	(2020 Replacement Volume and 2024 Supplement) 27
47	47
48	48	BY adding to 28 2 SENATE BILL 973
49	49
50	50
51	51	Article – Transportation 1
52	52	Section 5–413(e) 2
53	53	Annotated Code of Maryland 3
54	54	(2020 Replacement Volume and 2024 Supplement) 4
55	55
56	56	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5
57	57	That the Laws of Maryland read as follows: 6
58	58
59	59	Article – Transportation 7
60	60
61	61	5–201. 8
62	62
63	63	(a) There is a Maryland Aviation Commission. 9
64	64
65	65	(b) The Commission shall: 10
66	66
67	67	(2) [Approve] ADOPT regulations for the operation of the State–owned 11
68	68	airports [prior to their adoption by the Executive Director]; 12
69	69
70	70	(c) (1) The Commission shall consist of 13 voting members: 13
71	71
72	72	(i) 12 appointed by the Governor with the advice and consent of the 14
73	73	Senate: 15
74	74
75	75	1. Two of whom shall be recommended by the Anne Arundel 16
76	76	County Senate Delegation; and 17
77	77
78	78	2. Two of whom shall be recommended by the Howard 18
79	79	County Senate Delegation; and 19
80	80
81	81	(ii) The Secretary of Transportation, who shall be the [Chairman] 20
82	82	CHAIR of the Commission. 21
83	83
84	84	(2) The Secretary of Commerce shall serve as a nonvoting ex officio 22
85	85	Commission member. 23
86	86
87	87	(f) (1) The Commission shall meet at a time and place designated by the 24
88	88	[Chairman] CHAIR of the Commission. 25
89	89
90	90	(2) The Commission shall meet as often as its duties require, but [not less 26
91	91	than quarterly] SHALL HOLD AT LEAST 10 MEETINGS EACH YEAR , OF WHICH FOUR 27
92	92	MEETINGS MAY BE MEETINGS OF SUBCOMMITTEES OF THE COMMISSION 28
93	93	DESIGNATED BY THE CHAIR. 29
94	94
95	95	(3) (i) Attendance by [five] A MAJORITY OF THE VOTING members 30
96	96	shall constitute a quorum. 31 SENATE BILL 973 3
97	97
98	98
99	99
100	100	(ii) No formal action may be taken by the Commission except by an 1
101	101	affirmative vote of a majority of the entire Commission. 2
102	102
103	103	5–201.1. 3
104	104
105	105	(b) Actions of the Commission which, in the judgment of the [Chairman] CHAIR, 4
106	106	have an impact upon the Transportation Trust Fund are subject to the approval of the 5
107	107	[Chairman] CHAIR. 6
108	108
109	109	(c) The [Chairman] CHAIR of the Commission shall: 7
110	110
111	111	(1) Based on the advice of the Commission and subject to the approval of 8
112	112	the Governor, appoint the Executive Director of the Administration in accordance with § 9
113	113	5–501 of the General Provisions Article; and 10
114	114
115	115	(2) Approve the Administration’s budget before its submission for the 11
116	116	Governor’s approval and inclusion in the proposed budget submitted to the General 12
117	117	Assembly. 13
118	118
119	119	(d) The [Chairman] CHAIR of the Commission with the advice of the Commission 14
120	120	may remove the Executive Director of the Administration. 15
121	121
122	122	5–202.1. 16
123	123
124	124	(a) The head of the Administration is the Executive Director. 17
125	125
126	126	(b) (1) The Executive Director shall report directly to the Commission. 18
127	127
128	128	(2) Subject to the direction of the Commission and in accordance with other 19
129	129	provisions of law, the Executive Director is responsible for CARRYING OUT : 20
130	130
131	131	(i) [Carrying out the] THE powers and duties vested by law in the 21
132	132	Administration; and 22
133	133
134	134	(ii) [Adopting and carrying out regulations] REGULATIONS 23
135	135	ADOPTED BY THE COMMISSION. 24
136	136
137	137	(c) The Executive Director is entitled to the salary provided in the State budget. 25
138	138
139	139	5–204. 26
140	140
141	141	(a) In addition to the specific powers granted and duties imposed by this title, 27
142	142	AND SUBJECT TO THE S UPERVISION OF THE COMMISSION, the Administration has the 28
143	143	powers and duties set forth in this section. 29
144	144	4 SENATE BILL 973
145	145
146	146
147	147	(d) With the approval of the Secretary, the Administration may: 1
148	148
149	149	(1) Recommend necessary legislation to advance the interests of this State 2
150	150	in aeronautics; 3
151	151
152	152	(2) Represent this State in aeronautics matters before any agency of this 4
153	153	or any other state or of the federal government; 5
154	154
155	155	(3) Participate on behalf of this State or any political subdivision or citizen 6
156	156	of this State as party plaintiff or defendant or as intervenor in any controversy that involves 7
157	157	the interest of this State in aeronautics; and 8
158	158
159	159	(4) [Adopt] PROPOSE FOR ADOPTION BY THE COMMISSION rules and 9
160	160	regulations for the functioning and administration of the Administration. 10
161	161
162	162	5–208. 11
163	163
164	164	(a) (1) The [Administration] COMMISSION may perform any act, issue and 12
165	165	amend any order, adopt and amend any general or special rule, regulation, or procedure, 13
166	166	and establish any minimum standard consistent with this title and necessary: 14
167	167
168	168	(i) To perform its duties and carry out the provisions of this title; 15
169	169
170	170	(ii) To protect the general public safety, the safety of persons who 16
171	171	operate, use, or travel in aircraft, the safety of persons who receive instructions in flying or 17
172	172	ground subjects that relate to aeronautics, or the safety of persons and property on land or 18
173	173	water; or 19
174	174
175	175	(iii) To develop and promote aeronautics in this State. 20
176	176
177	177	(2) The [Administration] COMMISSION may adopt rules and regulations 21
178	178	by which a person engaging in aeronautics may be required to establish financial 22
179	179	responsibility for any damage or injury that might be caused by the person. 23
180	180
181	181	(3) (i) The [Administration] COMMISSION shall adopt rules and 24
182	182	regulations requiring the use of security identification badges in airports consistent with 25
183	183	any airport security program regulations adopted under this section. 26
184	184
185	185	(ii) After notice and opportunity for a hearing as provided under § 27
186	186	5–210 of this subtitle, the Administration may order a civil penalty not exceeding $1,000 28
187	187	for the misuse of a security identification badge in violation of an airport security program 29
188	188	adopted under subparagraph (i) of this paragraph. 30
189	189
190	190	(b) (1) A rule or regulation adopted by the [Administration] COMMISSION 31
191	191	may not apply to any airport, airport facility, or air navigation facility that is owned or 32
192	192	operated by the United States. 33
193	193	SENATE BILL 973 5
194	194
195	195
196	196	(2) A rule, regulation, order, or standard of the [Administration] 1
197	197	COMMISSION may not be inconsistent with or contrary to federal law. 2
198	198
199	199	(c) Copies of all rules, regulations, and standards shall be filed in accordance with 3
200	200	the Administrative Procedure Act and the State Documents Law and shall be made 4
201	201	available to the public. 5
202	202
203	203	5–209. 6
204	204
205	205	(a) The Executive Director or any officer or employee of the Administration 7
206	206	designated by the Executive Director may conduct investigations, inquiries, and hearings 8
207	207	as to: 9
208	208
209	209	(1) Any matter covered by this title or by a rule, regulation, or order of the 10
210	210	Administration OR COMMISSION; or 11
211	211
212	212	(2) Any aeronautics accident in this State. 12
213	213
214	214	5–213. 13
215	215
216	216	(a) (1) [The] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 14
217	217	Administration may make any contract necessary for or incidental to the performance of 15
218	218	its duties and the exercise of its powers under this title. 16
219	219
220	220	(2) A CONTRACT INVOLVING CONSIDERAT ION EXCEEDING $1,000,000 17
221	221	MUST BE APPROVED BY THE COMMISSION IN A PUBLI C MEETING BEFORE THE 18
222	222	CONTRACT MAY BECOME EFFECTIVE. 19
223	223
224	224	5–413. 20
225	225
226	226	(E) (1) ON OR BEFORE DECEMBER 31, 2026, THE SECRETARY, WITH THE 21
227	227	ADVICE OF THE COMMISSION, SHALL ADOPT REGULATI ONS TO GOVERN THE 22
228	228	MASTER PLAN PROCESS FOR BALTIMORE–WASHINGTON INTERNATIONAL 23
229	229	THURGOOD MARSHALL AIRPORT. 24
230	230
231	231	(2) THE REGULATIONS SHALL : 25
232	232
233	233	(I) DEFINE MAJOR AIRPORT PROJECTS ; 26
234	234
235	235	(II) REQUIRE THAT A MASTER PLAN INCLUDE MAJOR AI RPORT 27
236	236	PROJECTS PLANNED FOR THE NEXT 10 YEARS; 28
237	237
238	238	(III) REQUIRE AT LEAST TWO PUBLIC HEARINGS AND A PUBLIC 29
239	239	COMMENT PERIOD BEFORE ADOPTION OF A MASTER PLAN; 30
240	240	6 SENATE BILL 973
241	241
242	242
243	243	(IV) REQUIRE PUBLIC DISTRI BUTION OF A PROPOSED MASTER 1
244	244	PLAN, INCLUDING THE DISTRI BUTION OF COPIES OF A PROPOSED MASTER PLAN TO 2
245	245	EACH COUNTY THAT IS WITHIN THE BALTIMORE–WASHINGTON INTERNATIONAL 3
246	246	THURGOOD MARSHALL AIRPORT NOISE ZONE ; AND 4
247	247
248	248	(V) REQUIRE AT LEAST ONE PUBLIC HEARING : 5
249	249
250	250	1. BEFORE CONSTRUCTION B EGINS ON A MAJOR 6
251	251	AIRPORT PROJECT ; OR 7
252	252
253	253	2. WHEN THERE IS A PROPOSAL TO ADD A MAJOR 8
254	254	AIRPORT PROJECT TO THE MASTER PLAN. 9
255	255
256	256	(3) ON OR BEFORE DECEMBER 31, 2026, THE COMMISSION SHALL 10
257	257	ADOPT A MASTER PLAN CONSISTENT WITH THE REGULATIONS ADOP TED UNDER 11
258	258	THIS SUBSECTION. 12
259	259
260	260	(4) AT LEAST ONCE EVERY 10 YEARS, THE COMMISSION SHALL 13
261	261	UPDATE THE MASTER PLAN CONSISTENT WITH THE REGULATIONS ADOP TED UNDER 14
262	262	THIS SUBSECTION. 15
263	263
264	264	5–804. 16
265	265
266	266	(a) With the endorsement of the Secretary and the Secretary of the Environment 17
267	267	and after a public hearing following 60 days’ notice, the Executive Director shall adopt 18
268	268	regulations that establish limits for cumulative noise exposure for residential and other 19
269	269	land uses on the basis of the noise sensitivity of a given land use. 20
270	270
271	271	(b) In adopting limits under this section, the Executive Director shall: 21
272	272
273	273	(1) Consider: 22
274	274
275	275	(i) The general health and welfare; 23
276	276
277	277	(ii) The rights of property owners; 24
278	278
279	279	(iii) Accepted scientific and professional standards; and 25
280	280
281	281	(iv) The recommendations of the Federal Aviation Administration 26
282	282	and Environmental Protection Agency; and 27
283	283
284	284	(2) Set the limits at the most restrictive level that, through the application 28
285	285	of the best available technology at a reasonable cost and without impairing the safety of 29
286	286	flight, is consistent with attaining the environmental noise standards adopted by the 30
287	287	Maryland Department of Health. 31 SENATE BILL 973 7
288	288
289	289
290	290
291	291	(C) THE EXECUTIVE DIRECTOR, THE SECRETARY OF THE ENVIRONMENT , 1
292	292	AND THE COMMISSION SHALL REVIEW THE REG ULATIONS ADOPTED UND ER THIS 2
293	293	SECTION EVERY 5 YEARS TO DETERMINE WHETHER THE REGULATIONS NEED TO BE 3
294	294	UPDATED. 4
295	295
296	296	5–806. 5
297	297
298	298	(a) (1) As to each noise abatement plan the Executive Director approves, the 6
299	299	airport operator shall: 7
300	300
301	301	(i) Begin to carry out the plan within 6 months of its approval; and 8
302	302
303	303	(ii) Except as provided in paragraph (2) of this subsection, fully carry 9
304	304	out the plan within 18 months of its approval. 10
305	305
306	306	(2) The Executive Director may grant a delay of up to 2 years to carry out 11
307	307	the plan fully if the Executive Director finds that, despite the good faith efforts of the 12
308	308	operator, the operator cannot comply with the schedule required by this subsection. 13
309	309
310	310	(b) After notice and a public hearing, the Executive Director shall certify and 14
311	311	publish, as a noise zone for purposes of Parts III and IV of this subtitle, any noise zone that 15
312	312	results from an approved assessment or an approved plan. 16
313	313
314	314	(c) On application by the airport operator or an affected political subdivision, the 17
315	315	Executive Director shall consider any adjustment to an approved plan or noise zone that is 18
316	316	needed to reflect potential operational changes, changes in adjoining land uses, or other 19
317	317	factors. Adjustments may be made only by recertification of the noise zone by the Executive 20
318	318	Director, after notice and a public hearing. 21
319	319
320	320	(d) Before any hearing under this section, the Executive Director shall give the 22
321	321	chief executive officer and zoning board of any affected political subdivision an opportunity 23
322	322	to comment. After certification of a noise zone, the Administration shall notify them of the 24
323	323	certified noise zone. 25
324	324
325	325	(e) The Executive Director may adopt rules and regulations for monitoring 26
326	326	compliance with approved plans. 27
327	327
328	328	(F) AT LEAST ANNUALLY , THE EXECUTIVE DIRECTOR SHALL BRIEF THE 28
329	329	COMMISSION AT A PUBLIC HEARING ON THE STATUS OF NOISE ABATEMENT PLANS 29
330	330	ADOPTED UNDER THIS S ECTION AND ANY POTENTIAL ISSUES WITH COMPLIANCE 30
331	331	WITH THE PLANS . 31
332	332
333	333	5–820. 32
334	334	8 SENATE BILL 973
335	335
336	336
337	337	(a) After the Executive Director certifies and publishes a noise zone for a 1
338	338	State–owned airport, [he] THE EXECUTIVE DIRECTOR shall [adopt] PROPOSE FOR 2
339	339	ADOPTION BY THE COMMISSION, administer, and enforce regulations for the airport in 3
340	340	the same manner that a political subdivision enforces its regulations under Part III of this 4
341	341	subtitle. 5
342	342
343	343	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 6
344	344	October 1, 2025. 7