Maryland Transit Administration Reform Act

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
Italics indicate opposite chamber/conference committee amendments.
*hb1081*

HOUSE BILL 1081
R2 CONSTITUTIONAL AMENDMENT (6lr1880)
ENROLLED BILL
— Environment and Transportation/Finance and Budget and Taxation —
Introduced by Delegates Korman and Edelson, Edelson, Allen, Behler, Boyce, Foley,
Guyton, Healey, Holmes, Lewis, Odom, Stein, and Ziegler

Read and Examined by Proofreaders:

_______________________________________________
Proofreader.
_______________________________________________
Proofreader.

Sealed with the Great Seal and presented to the Governor, for his approval this

_______ day of _______________ at ________________________ o’clock, ________M.

______________________________________________
Speaker.

CHAPTER ______

AN ACT concerning 1

Maryland Transit Administration Reform Act 2

FOR the purpose of establishing the Board of Directors for Baltimore Core Transit Service 3
in the Maryland Transit Administration as a governing body with certain authority 4
over the provision of Baltimore Core Transit Service; establishing the Commuter 5
Services Advisory Board to provide certain oversight over and guidance for certain 6
Administration commuter rail and bus services in the State; requiring the Maryland 7
Transportation Commission to determine the qualifications, appointments, 8
compensation, and lea ve for certain management personnel positions in the 9
Administration; repealing the Baltimore Regional Transit Commission as an 10
advisory commission for transit in the Baltimore City region ; proposing an 11
amendment to the Maryland Constitution authorizing the General Assembly to 12
apply certain condemnation authority to the Administration; authorizing the 13
Administration to exercise certain quick take condemnation authority; exempting 14
2 HOUSE BILL 1081

certain Administration capital construction projects and maintenance contracts and 1
associated transit facilities and vehicles from certain provisions of the State 2
procurement law; limiting the liability of the Administration in a tort action to a 3
certain amount; requiring the Maryland Department of Transportation to contract 4
with the Baltimore Metropolitan Council to complete a technical study on the 5
creation of a rail authority in the State; and generally relating to reform of the 6
Maryland Transit Administration. 7

BY adding to repealing and reenacting, with amendments, 8
Article – State Finance and Procurement 9
Section 11 –203(l) 4–415, 10 –202, 12 –101(a), 12 –103, 12 –107(a), 12 –108, and 10
12–202(a) 11
Annotated Code of Maryland 12
(2021 Replacement Volume and 2025 Supplement) 13

BY repealing and reenacting, without amendments, 14
Article – State Finance and Procurement 15
Section 12–101(b), 12–107(b)(3), and 12–202(b) 16
Annotated Code of Maryland 17
(2021 Replacement Volume and 2025 Supplement) 18

BY adding to 19
Article – Transportation 20
Section 7–201.1, and 7–201.2, 7–401.1, and 7–401.2 21
Annotated Code of Maryland 22
(2020 Replacement Volume and 2025 Supplement) 23

BY repealing and reenacting, with amendments, 24
Article – Transportation 25
Section 7–206, 7–702, 8–327, and 8–328 26
Annotated Code of Maryland 27
(2020 Replacement Volume and 2025 Supplement) 28

BY repealing 29
Article – Transportation 30
Section 7–213 31
Annotated Code of Maryland 32
(2020 Replacement Volume and 2025 Supplement) 33

BY repealing and reenacting, without amendments, 34
Article – Transportation 35
Section 8–329 36
Annotated Code of Maryland 37
(2020 Replacement Volume and 2025 Supplement) 38

BY proposing an amendment to the Maryland Constitution 39
Article III – Legislative Department 40
HOUSE BILL 1081 3

Section 40B 1

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
That the Laws of Maryland read as follows: 3

Article – State Finance and Procurement 4

11–203. 5

(L) THIS DIVISION II DOES NOT APPLY TO MARYLAND TRANSIT 6
ADMINISTRATION CAPITAL CONSTRUCTION PROJECTS ON EXISTING AND DEFINED 7
FIXED GUIDEWAY SYSTEMS. 8

4–415. 9

(a) This section does not apply to: 10

(1) any capital expenditures by the Department of Transportation or the 11
Maryland Transportation Authority in connection with State roads, bridges, or highways ; 12
OR 13

(2) MAINTENANCE AND CAPI TAL CONSTRUCTION CON TRACTS TO 14
SUPPORT SERVICE ON MARYLAND TRANSIT ADMINISTRATION FIXED GUIDEWA Y 15
SYSTEMS AND ASSOCIATED TRANSIT FACILITIES AND VEHICLES. 16

(b) Before execution, a contract for the acquisition of land shall be: 17

(1) reviewed by the Secretary of General Services; and 18

(2) except as provided in § 12 –204 of this article, after that review, 19
approved by the Board of Public Works. 20

(c) (1) This subsection does not apply to any capital expenditure by: 21

(i) the Maryland Aviation Administration; 22

(ii) the Maryland Port Administration; or 23

(iii) the Maryland Transit Administration. 24

(2) At least 40 days before the Board of Public Works may act on a land 25
acquisition, the Division shall give written notice of a potential acquisition of land: 26

(i) to the governing body of the county in which the land is locate d; 27
and 28

4 HOUSE BILL 1081

(ii) if the land is located within a municipal corporation, to the 1
governing body of the municipal corporation. 2

(3) Within 30 days after receiving notice under this subsection, the 3
governing body may submit written comments to the Division. 4

(d) The Board of Public Works shall supervise the expenditure of any money that 5
the General Assembly appropriates for the acquisition of land. 6

10–202. 7

(a) This section does not apply to property to be acquired in connection with: 8

(1) State roads, bridges, or highways; OR 9

(2) MAINTENANCE AND CAPI TAL CONSTRUCTION CON TRACTS TO 10
SUPPORT SERVICE ON MARYLAND TRANSIT ADMINISTRATION FIXED GUIDEWAY 11
SYSTEMS AND ASSOCIATED TRANSIT FACILITIES AND VEHICLES. 12

(b) Subject to Title 12 of the Real Property Article, the Board may condemn 13
property for State use. 14

(c) The Department of General Services, with the approval of the Board, shall 15
adopt regulations in accordance with Title 10, Subtitle 1 of the State Government Article 16
that establish a uniform method of determining the value of any applicable life estate 17
discount for property condemned in accordance with this section. 18

12–101. 19

(a) This section does not apply to: 20

(1) (I) capital expenditures by the Department of Transportation or the 21
Maryland Transportation Authority, in connection with State roads, bridges, or highways, 22
as provided in § 12–202 of this title; or 23

(II) MAINTENANCE AND CAPI TAL CONSTRUCTION CON TRACTS 24
TO SUPPORT SERVICE ON MARYLAND TRANSIT ADMINISTRATION FIXED GUIDEWAY 25
SYSTEMS AND ASSOCIATED TRANSIT FACILITIES AND VEHICLES; OR 26

(2) procurements by the Department of General Services for the purpose of 27
modernizing cybersecurity infrastructure for the State valued below $1,000,000. 28

(b) (1) The Board may control procurement by units. 29

(2) To implement the provisions of this Division II, the Board may: 30

HOUSE BILL 1081 5

(i) set policy; 1

(ii) adopt regulations, in accordance with Title 10, Subtitle 1 of the 2
State Government Article; and 3

(iii) establish internal operational procedures consistent with this 4
Division II. 5

(3) The Board shall ensure that the regulations of the primary 6
procurement units provide for procedures that are consistent with this Division II and Title 7
13, Subtitle 4 of the State Personnel and Pensions Article and, to the extent the 8
circumstances of a particular type of procurement or a particular unit do not require 9
otherwise, are substantially the same. 10

(4) The Board may delegate any of its authority that it determines to be 11
appropriate for delegation and may require prior Board approval for specified procurement 12
actions. 13

(5) Except as limited by the Maryland Constitution, the Board may 14
exercise any control authority conferred on a primary procurement unit by this Division II 15
and, to the extent that its action conflicts with the action of the primary procurement unit, 16
the action of the Board shall prevail. 17

12–103. 18

(a) This section does not apply to: 19

(1) capital expenditures by the Department of Transportation or the 20
Maryland Transportation Authority, in connection with State roads, bridges, or highways, 21
as provided in § 12–202 of this title; OR 22

(2) MAINTENANCE AND CAPI TAL CONSTRUCTION CON TRACTS TO 23
SUPPORT SERVICE ON MARYLAND TRANSIT ADMINISTRATION FIXED GUIDEWAY 24
SYSTEMS AND ASSOCIATED TRANSIT FACILITIES AND VEHICLES, AS PROVIDED IN § 25
12–202 OF THIS TITLE. 26

(b) Notwithstanding any delegation of authority under § 12 –101 of this subtitle, 27
the Board retains full authority to engage in procurement of services and supplies for itself. 28

(c) By resolution, the Board may authorize a Board member or a unit to exercise 29
all or any part of the authority of the Board for a specific Board procurement or for a 30
particular class of Board procurements. 31

12–107. 32

(a) This section does not apply to: 33
6 HOUSE BILL 1081

(1) capital expen ditures by the Department of Transportation or the 1
Maryland Transportation Authority, in connection with State roads, bridges, or highways, 2
as provided in § 12–202 of this title; OR 3

(2) MAINTENANCE AND CAPI TAL CONSTRUCTION CON TRACTS TO 4
SUPPORT SERVICE O N MARYLAND TRANSIT ADMINISTRATION FIXED GUIDEWAY 5
SYSTEMS AND ASSOCIATED TRANSIT FACILITIES AND VEHICLES. 6

(b) Subject to the authority of the Board, jurisdiction over procurement is as 7
follows: 8

(3) the Department of Transportation and the Maryland Transportation 9
Authority, without the approval of any of the other primary procurement units, may engage 10
in the procurement of: 11

(i) construction that is related to transportation, as provided in the 12
Transportation Article; 13

(ii) construction related services that are related to transportation, 14
as provided in the Transportation Article; 15

(iii) architectural or engineering services that are related to 16
transportation, under Title 13, Subtitle 3 of this article; 17

(iv) supplies for transportation–related activities, including 18
information technology supplies that are subject to Title 3.5 of this article, but excluding: 19

1. supplies funded by the proceeds from State general 20
obligation bonds; and 21

2. insurance; 22

(v) services for transportation –related activities, including 23
information technology services that are subject to Title 3.5 of this article, but excluding 24
banking and financial services under the authority of the State Treasurer under item (1) of 25
this subsection; 26

(vi) rolling stock and other property peculiar to the operation of a 27
transit system, as provided in § 7–403 of the Transportation Article; 28

(vii) supplies for aeronautics related activities, including motor 29
vehicles and information processing supplies, but excluding: 30

1. supplies funded by the proceeds from State general 31
obligation bonds; and 32
HOUSE BILL 1081 7

2. insurance; and 1

(viii) services for aeronautics related activities, including information 2
processing services, but excluding banking and financial services under the authority of the 3
State Treasurer under item (1) of this subsection; and 4

12–108. 5

(a) This section does not apply to: 6

(1) capital expenditures by the Department of Transportation or the 7
Maryland Transportation Authority, in connection with State roads, bridges, or highways, 8
as provided in § 12–202 of this title; OR 9

(2) MAINTENANCE AND CAPI TAL CONSTRUCTION CON TRACTS TO 10
SUPPORT SERVICE ON MARYLAND TRANSIT ADMINISTRATION FIXED GUIDEWAY 11
SYSTEMS AND ASSOCIATED TRANSIT FACILITIES AND VEHICLES, AS PROVIDED IN § 12
12–202 OF THIS TITLE. 13

(b) Subject to the approval of the Board and under the coordination of the 14
Governor, each of the primary procurement units shall: 15

(1) adopt regulations to carry out this Division II; 16

(2) send to the Board a copy of each proposed regulation under item (1) of 17
this subsection; and 18

(3) send to the Board a copy of each internal operating procedure that the 19
primary procurement unit adopts. 20

12–202. 21

(a) This section does not apply to capital expenditures: 22

(1) for public school construction under Title 5, Subtitle 3 of the Education 23
Article; or 24

(2) (I) by the Department of Transportation or the Maryland 25
Transportation Authority, in connection with State roads, bridges, or highways; OR 26

(II) FOR MAINTE NANCE AND CAPITAL CO NSTRUCTION 27
CONTRACTS TO SUPPORT SERVICE ON MARYLAND TRANSIT ADMINISTRATION 28
FIXED GUIDEWAY SYSTEMS AND ASSOCIATED TRANSIT FACILITIES AND VEHICLES. 29

8 HOUSE BILL 1081

(b) Before execution, a contract for a capital expenditure other than in connection 1
with a State correctional facility, St. Mary’s College of Maryland, Morgan State University, 2
or the University System of Maryland shall be: 3

(1) reviewed by the Secretary of General Services; and 4

(2) except as provided in § 12 –203 of this subtitle and § 13–108 of this 5
article, after that review, approved by the Board. 6

SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 7
as follows: 8

Article – State Finance and Procurement 9

4–415. 10

(a) This section does not apply to: 11

(1) any capital e xpenditures by the Department of Transportation or the 12
Maryland Transportation Authority in connection with State roads, bridges, or highways ; 13
OR 14

(2) MAINTENANCE AND CAPI TAL CONSTRUCTION CON TRACTS 15
VALUED BELOW $500,000 TO SUPPORT SERVICE O N MARYLAND TRANSIT 16
ADMINISTRATION FIXED GUIDEWAY SYSTEMS AND ASSOCIATED TRANSIT 17
FACILITIES AND VEHICLES. 18

(b) Before execution, a contract for the acquisition of land shall be: 19

(1) reviewed by the Secretary of General Services; and 20

(2) except as provided in § 12–204 of this article, after that review, 21
approved by the Board of Public Works. 22

(c) (1) This subsection does not apply to any capital expenditure by: 23

(i) the Maryland Aviation Administration; 24

(ii) the Maryland Port Administration; or 25

(iii) the Maryland Transit Administration. 26

(2) At least 40 days before the Board of Public Works may act on a land 27
acquisition, the Division shall give written notice of a potential acquisition of land: 28

HOUSE BILL 1081 9

(i) to the governing body of the county in which the land is located; 1
and 2

(ii) if the land is located within a municipal corporation, to the 3
governing body of the municipal corporation. 4

(3) Within 30 days after receiving notice under this subsection, the 5
governing body may submit written comments to the Division. 6

(d) The Board of Public Works shall supervise the expenditure of any money that 7
the General Assembly appropriates for the acquisition of land. 8

10–202. 9

(a) This section does not apply to property to be acquired in connection with: 10

(1) State roads, bridges, or highways; OR 11

(2) MAINTENANCE AND CAPI TAL CONSTRUCTION CON TRACTS 12
VALUED BELOW $500,000 TO SUPPORT SERVICE O N MARYLAND TRANSIT 13
ADMINISTRATION FIXED GUIDEWAY SYSTEMS AND ASSOCIATED TRANSIT 14
FACILITIES AND VEHICLES. 15

(b) Subject to Title 12 of the Real Property Article, the Board may condemn 16
property for State use. 17

(c) The Department of General Services, with the approval of the Board, shall 18
adopt regulations in accordance with Title 10, Subtitle 1 of the State Government Article 19
that establish a uniform method of determining the value of any applicable life estate 20
discount for property condemned in accordance with this section. 21

12–101. 22

(a) This section does not apply to: 23

(1) (I) capital expenditures by the Department of Transportation or the 24
Maryland Transportation Authority, in connection with State roads, bridges, or highways, 25
as provided in § 12–202 of this title; or 26

(II) MAINTENANCE AND CAPI TAL CONSTRUCTION CON TRACTS 27
VALUED BELOW $500,000 TO SUPPORT SERVICE O N MARYLAND TRANSIT 28
ADMINISTRATION FIXED GUIDEWAY SYSTEMS AND ASSOCIATED TRANSIT 29
FACILITIES AND VEHICLES, AS PROVIDED IN § 12–202 OF THIS TITLE; OR 30

(2) procurements by the Department of General Services for the purpose of 31
modernizing cybersecurity infrastructure for the State valued below $1,000,000. 32
10 HOUSE BILL 1081

(b) (1) The Board may control procurement by units. 1

(2) To implement the provisions of this Division II, the Board may: 2

(i) set policy; 3

(ii) adopt regulations, in accordance with Title 10, Subtitle 1 of the 4
State Government Article; and 5

(iii) establish internal operational procedures consistent with this 6
Division II. 7

(3) The Board shall ensure that the regulations of the primary 8
procurement units provide for procedures that are consistent with this Division II and Title 9
13, Subtitle 4 of the State Personnel and Pensions Article and, to the extent the 10
circumstances of a particular type of procurement or a particular unit do not require 11
otherwise, are substantially the same. 12

(4) The Board may de legate any of its authority that it determines to be 13
appropriate for delegation and may require prior Board approval for specified procurement 14
actions. 15

(5) Except as limited by the Maryland Constitution, the Board may 16
exercise any control authority conferred on a primary procurement unit by this Division II 17
and, to the extent that its action conflicts with the action of the primary procurement unit, 18
the action of the Board shall prevail. 19

12–103. 20

(a) This section does not apply to: 21

(1) capital expenditures by the Department of Transportation or the 22
Maryland Transportation Authority, in connection with State roads, bridges, or highways, 23
as provided in § 12–202 of this title; OR 24

(2) MAINTENANCE AND CAPI TAL CONSTRUCTION CON TRACTS 25
VALUED BELOW $500,000 TO SUPPORT SERVICE O N MARYLAND TRANSIT 26
ADMINISTRATION FIXED GUIDEWAY SYSTEMS AND ASSOCIATED TRANSIT 27
FACILITIES AND VEHICLES, AS PROVIDED IN § 12–202 OF THIS TITLE. 28

(b) Notwithstanding any delegation of authority under § 12 –101 of this subtitle, 29
the Board retains full authority to engage in procurement of services and supplies for itself. 30

HOUSE BILL 1081 11

(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: 5

(1) capital expenditures by the Department of Transportation or the 6
Maryland Transportation Authority, in connection with State roads, bridges, or highways, 7
as provided in § 12–202 of this title; OR 8

(2) MAINTENANCE AND CAPI TAL CONSTRUCTION CON TRACTS 9
VALUED BELOW $500,000 TO SUPPORT SERVICE O N MARYLAND TRANSIT 10
ADMINISTRATION FIXED GUIDEWAY SYSTEMS AND ASSOCIATED TRANSIT 11
FACILITIES AND VEHICLES, AS PROVIDED IN § 12–202 OF THIS TITLE. 12

(b) Subject to the authority of the Board, jurisdiction over procurement is as 13
follows: 14

(3) the Department of Transportation and the Maryland Transportation 15
Authority, without the approval of any of the other primary procurement units, may engage 16
in the procurement of: 17

(i) construction that is related to transportation, as provided in the 18
Transportation Article; 19

(ii) construction related services that are related to transportation, 20
as provided in the Transportation Article; 21

(iii) architectural or engineering services that are related to 22
transportation, under Title 13, Subtitle 3 of this article; 23

(iv) supplies for transportation –related activities, including 24
information technology supplies that are subject to Title 3.5 of this article, but excluding: 25

1. supplies funded by the proceeds from State general 26
obligation bonds; and 27

2. insurance; 28

(v) services for transportation –related activities, including 29
information technology services that are subject to Title 3.5 of this article, but excluding 30
banking and financial services under the authority of the State Treasurer under item (1) of 31
this subsection; 32

12 HOUSE BILL 1081

(vi) rolling stock and other property peculiar to the operation of a 1
transit system, as provided in § 7–403 of the Transportation Article; 2

(vii) supplies for aeronautics related activities, including motor 3
vehicles and information processing supplies, but excluding: 4

1. supplies funded by the proceeds from State general 5
obligation bonds; and 6

2. insurance; and 7

(viii) services for aeronautics related activities, including information 8
processing services, but excluding banking and financial services under the authority of the 9
State Treasurer under item (1) of this subsection; and 10

12–108. 11

(a) This section does not apply to: 12

(1) capital expenditures by the Department of Transportation or the 13
Maryland Transportation Authority, in connection with State roads, bridges, or highways, 14
as provided in § 12–202 of this title; OR 15

(2) MAINTENANCE AND CAPI TAL CONSTRUCTION CON TRACTS 16
VALUED BELOW $500,000 TO SUPPORT SERVICE O N MARYLAND TRANSIT 17
ADMINISTRATION FIXED GUIDEWAY SYSTEMS AND ASSOCIATED TRANSIT 18
FACILITIES AND VEHICLES, AS PROVIDED IN § 12–202 OF THIS TITLE. 19

(b) Subject to the ap proval of the Board and under the coordination of the 20
Governor, each of the primary procurement units shall: 21

(1) adopt regulations to carry out this Division II; 22

(2) send to the Board a copy of each proposed regulation under item (1) of 23
this subsection; and 24

(3) send to the Board a copy of each internal operating procedure that the 25
primary procurement unit adopts. 26

12–202. 27

(a) This section does not apply to capital expenditures: 28

(1) for public school construction under Title 5, Subtitle 3 of the Education 29
Article; or 30

HOUSE BILL 1081 13

(2) (I) by the Department of Transportation or the Maryland 1
Transportation Authority, in connection with State roads, bridges, or highways; OR 2

(II) BY THE DEPARTMENT OF TRANSPORTATION OR THE 3
MARYLAND TRANSIT ADMINISTRATION, FOR MAINTENANCE AND CAPITAL 4
CONSTRUCTION CONTRACTS VALUED BELOW $500,000 TO SUPPORT SERVICE O N 5
MARYLAND TRANSIT ADMINISTRATION FIXED GUIDEWAY SYSTEMS AND 6
ASSOCIATED TRANSIT FACILITIES AND VEHICLES. 7

(b) Before execution, a contract for a capital expenditure other than in connection 8
with a State correctional facility, St. Mary’s College of Maryland, Morgan State University, 9
or the University System of Maryland shall be: 10

(1) reviewed by the Secretary of General Services; and 11

(2) except as provided in § 12–203 of this subtitle and § 13 –108 of this 12
article, after that review, approved by the Board. 13

SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 14
as follows: 15

Article – Transportation 16

7–201.1. 17

(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANI NGS 18
INDICATED. 19

(2) “BALTIMORE CORE TRANSIT SERVICE” MEANS: 20

(I) THE ADMINISTRATION’S BALTIMORE–AREA LOCAL BUS; 21

(II) THE ADMINISTRATION’S BALTIMORE–AREA LIGHT RAIL; 22

(III) THE ADMINISTRATION’S BALTIMORE–AREA METRO 23
SUBWAY; AND 24

(IV) THE ADMINISTRATION’S BALTIMORE–AREA PARATRANSIT. 25

(3) “BOARD” MEANS THE BOARD OF DIRECTORS FOR BALTIMORE 26
CORE TRANSIT SERVICE. 27

(B) THERE IS A BOARD OF DIRECTORS FOR BALTIMORE CORE TRANSIT 28
SERVICE IN THE ADMINISTRATION. 29
14 HOUSE BILL 1081

(C) (1) THE BOARD CONSISTS OF THE FOLLOWING VOTING MEMBERS: 1

(I) FIVE MEMBERS WHO LIVE IN THE BALTIMORE CORE 2
TRANSIT SERVICE AREA, APPOINTED BY THE GOVERNOR WITH THE ADV ICE AND 3
CONSENT OF THE SENATE, INCLUDING: 4

1. AT LEAST ONE MEMBER W HO USES TRANSIT IN T HE 5
BALTIMORE CORE TRANSIT SERVICE AREA; 6

2. AT LEAST ONE MEMBER W HO REPRESENTS RIDERS 7
WITH ACCESSIBILITY CHALLENGES; 8

3. AT LEAST ONE MEMBER R EPRESENTING AN ANCHOR 9
INSTITUTION THAT ALS O PROVIDES TRANSPORT ATION SERVICES IN TH E 10
BALTIMORE CORE TRANSIT SERVICE AREA; AND 11

4. ONE MEMBER WHO IS AN EMPLOYEE OF THE 12
ADMINISTRATION AND IS A MEMBER OF A THE LABOR UNION REPRESENTING THE 13
PLURALITY OF FRONTLI NE WORKERS THAT HAS A COLLECTIV E BARGAINING 14
AGREEMENT WITH THE ADMINISTRATION; 15

(II) TWO MEMBERS APPOINTED BY THE MAYOR OF BALTIMORE 16
CITY; 17

(III) ONE MEMBER APPOINTED BY THE BALTIMORE COUNTY 18
EXECUTIVE; AND 19

(IV) ONE MEMBER APPOINTED BY THE ANNE ARUNDEL COUNTY 20
EXECUTIVE. 21

(2) (I) THE SECRETARY AND THE ADMINISTRATOR SHALL SERVE 22
AS NONVOTING EX OFFICIO BOARD MEMBERS. 23

(II) THE GOVERNOR SHALL APPOIN T A STUDENT WHO 24
REGULARLY USES ADMINISTRATION SERVICES TO COMMUTE TO AND FROM SCHOOL 25
AS A NONVOTING BOARD MEMBER. 26

(3) THE GOVERNOR SHALL DESIGN ATE THE CHAIR OF THE BOARD, 27
WHO SHALL SERVE AS CHAIR AT THE PLEASURE OF THE GOVERNOR. 28

(D) (1) THE TERM OF A BOARD MEMBER IS 3 YEARS. 29

HOUSE BILL 1081 15

(2) THE TERMS OF THE MEMBERS ARE STAGGERED AS REQUIRED BY 1
THE TERMS PROVIDED FOR MEMBERS OF THE BOARD ON JANUARY 1, 2027. 2

(3) AT THE END OF A TERM , A MEMBER CONTINUES TO SERVE UNTIL 3
A SUCCESSOR IS APPOINTED AND QUALIFIES. 4

(4) A MEMBER WHO IS APPOINTED AFTER A TERM HAS BEGUN SERVES 5
ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINT ED AND 6
QUALIFIES. 7

(E) (1) THE DEPARTMENT AND THE ADMINISTRATION SHALL PROVIDE 8
STAFF FOR THE BOARD, INCLUDING A DEPUTY ADMINISTRATOR WHO SHALL SERVE 9
AS THE EXECUTIVE DIRECTOR AND REPORT DIRECTLY TO THE ADMINISTRATOR. 10

(2) THE ADMINISTRATION SHALL PROVIDE OFFICE SPACE FOR THE 11
BOARD. 12

(F) A MEMBER OF THE BOARD: 13

(1) MAY NOT RECEIVE COMPENSATION AS A MEMBER OF THE BOARD; 14
BUT 15

(2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER THE 16
STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET. 17

(G) THE BOARD SHALL: 18

(1) APPROVE MAJOR SERVICE PLANS, POLICIES, AND INITIATIVES 19
FOR BALTIMORE CORE TRANSIT SERVICE, AS DETERMINED BY THE BOARD AND 20
THE ADMINISTRATION ON A REASONABLE BASIS; 21

(2) PROVIDE ADVICE ON MAJ OR PROJECT INITIATIV ES, AS 22
DETERMINED BY THE BOARD AND THE ADMINISTRATION ON A REASONABLE BASIS; 23

(3) ADVISE THE ADMINISTRATOR ON , AND CONSENT TO , THE 24
APPOINTMENT OF THE DEPUTY ADMINISTRATOR BY THE ADMINISTRATOR AND 25
CONSULT WITH THE ADMINISTRATOR ON ANY REMOVAL OF THE DEPUTY 26
ADMINISTRATOR BY THE ADMINISTRATOR; 27

(4) (I) REVIEW AND APPROVE TH E ADMINISTRATION’S 28
OPERATING AND CAPITAL BUDGET R EQUESTS FOR BALTIMORE CORE TRANSIT 29
SERVICE; AND 30

16 HOUSE BILL 1081

(II) ESTABLISH, IN CONSULTATION WITH THE DEPARTMENT 1
AND THE ADMINISTRATION, A TIMELINE FOR REVIE W AND APPROVAL UNDER THIS 2
PARAGRAPH: 3

1. THAT IS CONSISTENT WI TH THE DEPARTMENT’S 4
BUDGET PROCESS; AND 5

2. UNDER WHICH THE OPERA TING AND CAPITAL 6
BUDGET REQUESTS SHAL L BE CONSIDERED APPR OVED BY OPERATION OF LAW IF 7
THE BOARD DOES NOT TAKE ACTION WITHIN THE TIMELINE; 8

(5) HAVE APPROVAL AUTHORI TY, SUPPORTED BY AT LEAS T 9
TWO–THIRDS OF TH E MEMBERS OF THE BOARD, OVER ANY DECISION BY THE 10
DEPARTMENT OR THE ADMINISTRATION TO WIT HDRAW A NEW STARTS CAPITAL 11
INVESTMENT GRANT OR ANOTHER FEDE RAL GRANT UNDER A SU BSTANTIALLY 12
SIMILAR PROGRAM FOR ANY BALTIMORE CORE TRANSIT SERVICE AREA PROJECT 13
ONCE THAT PROJECT HAS BEEN ACCEPTED INTO THE ENGINEERING PHASE BY THE 14
FEDERAL TRANSIT ADMINISTRATION; 15

(6) (I) MEET AT LEAST QUARTERLY; AND 16

(II) ACCEPT PUBLIC COMMENT S DURING THE MEETING S AND, 17
AT ALL TIMES, ELECTRONICALLY; 18

(7) INCLUDE IN THE QUARTERLY AGENDA EACH OF THE FOLLOWING 19
TOPICS AT LEAST ONCE EACH YEAR: 20

(I) THE CAPITAL NEEDS INVENTORY REPORT; 21

(II) THE CONSOLIDATED TRANSPORTATION PROGRAM 22
PRIORITIES AND INITI AL BUDGET REQUESTS U NDER § 2–103.1 OF THIS ARTICLE ; 23
AND 24

(III) ANY UPDATE ON TH E CENTRAL MARYLAND REGIONAL 25
TRANSIT PLAN UNDER § 7–301.1 OF THIS TITLE; 26

(8) PROVIDE INPUT AND ENG AGE IN ADVOCACY FOR BALTIMORE 27
CORE TRANSIT SERVICE; 28

(9) (I) REQUEST AND REVIEW IN FORMATION FROM THE ANNUAL 29
ATTAINMENT REPORT AND THE ADMINISTRATION CONCERNING THE ATTAINMENT 30
OF THE ADMINISTRATION’S GOALS , INCLUDING PERFORMANC E GOALS AND 31
METRICS; 32
HOUSE BILL 1081 17

(II) EVALUATE ANY OTHER ME ASURES OF THE PERFOR MANCE 1
OF BALTIMORE CORE TRANSIT SERVICE; AND 2

(III) ISSUE WRITTEN RECOMME NDATIONS CONCERNING HOW 3
THE RESULTS OF THE BOARD’S REVIEW AND EVALUATION SHOULD INFLUENCE THE 4
ADMINISTRATION’S PRIORITIES IN FUTURE YEARS; 5

(10) REVIEW SERVICE CHANGE REPORTS AND APPROVE MAJOR 6
SERVICE CHANGE PROPOSALS; 7

(11) REVIEW AND APPROVE AN Y UPDATE TO THE CENTRAL 8
MARYLAND REGIONAL TRANSIT PLAN; 9

(12) REVIEW AND APPROVE TH E CAPITAL NEEDS INVENTORY 10
REPORT; 11

(13) REVIEW LOCAL TRANSIT PLANS AND SERVICES I N THE 12
BALTIMORE REGION TO E NSURE COORDINATION B ETWEEN THE LOCAL TRA NSIT 13
SERVICES AND BALTIMORE CORE TRANSIT SERVICE; 14

(14) ORGANIZE AND ESTABLISH POLICIES AND PROCEDURES FOR THE 15
OPERATIONS OF THE BOARD, INCLUDING CONFLICT O F INTEREST STANDARDS , 16
CONSISTENT WITH TITLE 5 OF THE GENERAL PROVISIONS ARTICLE AND § 7–211 OF 17
THIS SUBTITLE , THAT PROHIBIT A BOARD MEMBER FROM HAV ING ANY 18
INAPPROPRIATE FINANCIAL PROFESSIONAL, FINANCIAL, OR NONFINANCIAL 19
INTEREST IN A MATTER OVER WHICH THE BOARD HAS JURISDICTION; 20

(15) NOT LATER THAN 6 MONTHS AFTER THE BOARD FIRST MEETS , 21
ADOPT BYLAWS TO GOVERN THE OPERATIONS OF THE BOARD; 22

(16) (I) KEEP MI NUTES OF BOARD MEETINGS AND MA INTAIN 23
PROPER RECORDS OF ALL BOARD ACTIVITY; AND 24

(II) POST ALL MINUTES , RECORDS, NOTICES, COMMENTS, OR 25
OTHER INFORMATION ISSUED BY THE BOARD OR RECEIVED FROM THE PUBLIC ON A 26
PUBLIC WEBSITE ESTABLISHED AND MAINTAINED BY THE BOARD; AND 27

(17) (I) SUBMIT AN ANNUAL REPORT TO THE SENATE BUDGET AND 28
TAXATION COMMITTEE, THE HOUSE APPROPRIATIONS COMMITTEE, AND THE 29
HOUSE WAYS AND MEANS COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF THE 30
STATE GOVERNMENT ARTICLE, ON SYSTEM PERFORMANC E, TRENDS, MAJOR 31
PROJECTS, AND OTHER ACTIVITIES; AND 32
18 HOUSE BILL 1081

(II) MAKE THE REPORT AVAIL ABLE TO THE GENERAL PUBLIC 1
AND ENSURE THAT THE REPORT IS READILY AV AILABLE ON THE WEBSI TE OF THE 2
ADMINISTRATION. 3

(H) (1) THE BOARD SHALL MEET AT A TIME AND PLACE DESIGNATED BY 4
THE CHAIR. 5

(2) THE BOARD SHALL MEET AS OFTEN AS ITS DUTIES REQUIRE, BUT 6
NOT LESS THAN QUARTERLY. 7

7–201.2. 8

(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 9
INDICATED. 10

(2) “BOARD” MEANS THE COMMUTER SERVICES ADVISORY BOARD. 11

(3) “COMMUTER SERVICE” MEANS THE ADMINISTRATION’S: 12

(I) MARC COMMUTER TRAIN SERVI CE MARYLAND AREA 13
REGIONAL COMMUTER (MARC) TRAIN SERVICE; AND 14

(II) THE ADMINISTRATION’S COMMUTER COMMUTER BUS 15
SERVICE. 16

(B) THERE IS A COMMUTER SERVICES ADVISORY BOARD IN THE 17
ADMINISTRATION. 18

(C) (1) THE BOARD CONSISTS OF THE FOLLOWING VOTING MEM BERS, 19
APPOINTED BY THE GOVERNOR: 20

(I) THE SECRETARY, OR THE SECRETARY’S DESIGNEE; 21

(II) SIX MEMBERS WHO RESIDE IN AREAS SERVED BY MARC OR 22
ADMINISTRATION COMMUTER BUSES; 23

(III) ONE MEMBER WHO REPRES ENTS RIDERS WITH 24
ACCESSIBILITY CHALLENGES; AND 25

(IV) ONE MEMBER WHO IS AN EMPLOYEE OF AN 26
ADMINISTRATION COMMUTER SERVICE CONTRACTOR AND IS A MEMBER OF A LABOR 27
HOUSE BILL 1081 19

UNION THAT HAS A COL LECTIVE BARGAINING A GREEMENT WITH THE CO MMUTER 1
SERVICE CONTRACTOR. 2

(2) THE GOVERNOR SHALL DESIGN ATE THE CHAIR OF THE BOARD, 3
WHO SHALL SERVE AS CHAIR AT THE PLEASURE OF THE GOVERNOR. 4

(D) (1) THE TERM OF A BOARD MEMBER IS 3 YEARS. 5

(2) THE TERMS OF THE MEMBERS ARE STAGGERED AS REQUIRED BY 6
THE TERMS PROVIDED FOR MEMBERS OF THE BOARD ON JANUARY 1, 2027. 7

(3) AT THE END OF A TERM , A MEMBER CONTINUES TO SERVE UNTIL 8
A SUCCESSOR IS APPOINTED AND QUALIFIES. 9

(4) A MEMBER WHO IS APPOINTED AFTER A TERM HAS BEGUN SERVES 10
ONLY FOR THE REST OF THE TERM AND UN TIL A SUCCESSOR IS A PPOINTED AND 11
QUALIFIES. 12

(E) (1) THE DEPARTMENT AND THE ADMINISTRATION SHALL PROVIDE 13
STAFF FOR THE BOARD, INCLUDING A DEPUTY ADMINISTRATOR WHO SHALL SERVE 14
AS THE EXECUTIVE DIRECTOR AND REPORT DIRECTLY TO THE ADMINISTRATOR. 15

(2) THE ADMINISTRATION SHALL PROVIDE OFFICE SPACE FOR THE 16
BOARD. 17

(F) A MEMBER OF THE BOARD: 18

(1) MAY NOT RECEIVE COMPENSATION AS A MEMBER OF THE BOARD; 19
BUT 20

(2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER THE 21
STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET. 22

(G) THE BOARD SHALL: 23

(1) PROVIDE ADVICE AND GUIDANCE ON MARC AND COMMUTER BUS 24
PLANS AND POLICIES; 25

(2) REVIEW AND COMMENT ON MAJOR MARC AND COMMUTER BUS 26
SERVICE PLANS AND UPDATES; 27

(3) PROVIDE ADVICE AND GUIDANCE ON THE HIRI NG AND REMOVAL 28
OF THE DEPUTY ADMINISTRATOR; 29
20 HOUSE BILL 1081

(4) (I) REVIEW AND COMMENT ON THE ADMINISTRATION’S 1
OPERATING AND CAPITA L BUDGET REQUESTS FO R MARC AND COMMUTER BUS 2
SERVICE; AND 3

(II) ESTABLISH, IN CONSULTATION WITH THE DEPARTMENT 4
AND THE ADMINISTRATION, A TIMELINE FOR REVIEW AND COMMENT UNDER TH IS 5
PARAGRAPH THAT IS CO NSISTENT WITH THE DEPARTMENT’S BUDGET PROCESS ; 6
AND 7

(5) (I) SUBMIT AN ANNUAL REPORT TO THE SENATE BUDGET AND 8
TAXATION COMMITTEE, THE HOUSE APPROPRIATIONS COMMITTEE, AND THE 9
HOUSE WAYS AND MEANS COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF THE 10
STATE GOVERNMENT ARTICLE, ON SYSTEM PERFORMANC E, TRENDS, MAJOR 11
PROJECTS, AND OTHER ACTIVITIES; AND 12

(II) MAKE THE REPORT AVAIL ABLE TO THE GENERAL PUBLIC 13
AND ENSURE THAT THE REPORT IS READILY AV AILABLE ON THE WEBSITE OF THE 14
ADMINISTRATION. 15

(H) (1) THE BOARD SHALL MEET AT A TIME AND PLACE DESIGNATED BY 16
THE CHAIR. 17

(2) THE BOARD SHALL MEET AS OFTEN AS THE DUTIES REQUIRE, BUT 18
NOT LESS THAN QUARTERLY. 19

7–206. 20

(a) (1) Without regard to the laws of this State relating to other State 21
employees, and subject to § 2–103.4 of this article, the Administration may: 22

(i) Create and abolish any position other than one specifically 23
provided for in this title; and 24

(ii) Determine the qualification, appointment , removal, term, and 25
tenure of its employees. 26

(2) The Administration may determine the compensation of: 27

(i) Employees if the compensation is determined pursuant to 28
Subtitle 6 of this title; 29

(ii) Executive management positions, as recommended by the 30
Secretary and approved by the Governor, subject to approval in the budget; and 31

HOUSE BILL 1081 21

(iii) Management positions, subject to approval by the Secretary and 1
the Governor and the availability of funds in the budget. 2

(b) (1) Subject to § 2–103.4 of this article, the Administration may establish a 3
personnel system based on merit and fitness. 4

(2) The Administration may: 5

(i) Subject to Division II of the State Personnel and Pensions 6
Article, participate in the Employees’ Retirement System and the Employe es’ Pension 7
System of the State of Maryland on terms and conditions mutually acceptable to the 8
Administration and the Board of Trustees for the State Retirement and Pension System; 9
and 10

(ii) Establish and maintain an independent system of pensions and 11
retirement benefits for its employees. 12

(c) The Administrator may appoint and remove all employees of the 13
Administration, subject to the rules of procedure and standards that the Secretary adopts. 14

(D) (1) NOTWITHSTANDING ANY O THER PROVISION OF LA W, THE 15
MARYLAND TRANSPORTATION COMMISSION SHALL DETE RMINE THE 16
QUALIFICATIONS AND A PPOINTMENTS, AS WELL AS COMPENSAT ION AND LEAVE , 17
FOR UP TO 12 MANAGEMENT PERSONNEL POSITIONS REQUIRED B Y THE 18
ADMINISTRATION TO OPE RATE AND ADMINISTER ALL STATE–OWNED TRANSIT 19
FACILITIES. 20

(2) (I) IN MAKING DETERMINATIONS AND APPOINTMENTS UNDER 21
THIS SUBSECTION , THE MARYLAND TRANSPORTATION COMMISSION SHALL 22
CONSIDER THE COMPARA TIVE STATUS OF EMPLO YEES SERVING IN SIMI LAR 23
POSITIONS AND DISCHA RGING SIMILAR DUTIES AT COMPARABLE TRANSI T 24
AGENCIES. 25

(II) IN SELECTING COMPARAB LE TRANSIT AGENCIES , THE 26
MARYLAND TRANSPORTATION COMMISSION SHALL CONSIDER OPERATIONAL AND 27
TRAFFIC DATA, MARKET AREA CHARACTERISTICS, AGENCY COMPETITIVENESS, AND 28
ANY OTHER FACTORS THE COMMISSION CONSIDERS APPROPRIATE. 29

(3) EXCEPT FOR GENERAL SA LARY INCREASES APPRO VED BY THE 30
GENERAL ASSEMBLY, THE MARYLAND TRANSPORTATION COMMISSION SHALL 31
SUBMIT TO THE SECRETARY OF BUDGET AND MANAGEMENT AT LEAST 10 DAYS 32
BEFORE THE EFFECTIVE DATE OF ANY MANAGEMENT PERSONNEL POSITION SALARY 33
INCREASE NOTICE OF THE PROPOSED ADJUSTMENT. 34

(4) THE SECRETARY OF BUDGET AND MANAGEMENT SHALL: 35
22 HOUSE BILL 1081

(I) REVIEW THE PROPOSED ADJUSTMENT; AND 1

(II) WITHIN 10 DAYS AFTER RECEIPT O F THE PROPOSED 2
ADJUSTMENT, ADVISE THE MARYLAND TRANSPORTATION COMMISSION WHETHER 3
THE ADJUSTMENT POSES AN ADVERSE IMPACT ON SPECIAL FUND EXPENDITURES. 4

(5) FAILURE OF THE SECRETARY OF BUDGET AND MANAGEMENT TO 5
ADVISE THE MARYLAND TRANSPORTATION COMMISSION IN A TIMEL Y MANNER 6
SHALL BE DEEMED A DE TERMINATION THAT THE PROPOSED ADJUSTMENT POSES 7
NO ADVERSE IMPACT. 8

(6) EMPLOYEES APPOINTED U NDER THIS SUBSECTION ARE STATE 9
EMPLOYEES AND SHALL BE ENTITLED TO PARTI CIPATE IN THE RETIRE MENT AND 10
PENSION SYSTEMS FOR EMPLOYEES OF THE STATE OF MARYLAND AUTHORIZED 11
UNDER DIVISION II OF THE STATE PERSONNEL AND PENSIONS ARTICLE. 12

[7–213. 13

(a) There is a Baltimore Regional Transit Commission. 14

(b) The Commission consists of the following members: 15

(1) The following six members from Baltimore City, appointed as follows: 16

(i) Three members appointed by the Governor, including: 17

1. At least one member who uses transit in the Baltimore 18
region; and 19

2. At least one member from the business community; and 20

(ii) Three members appointed by the Mayor of Baltimore City; 21

(2) The following four members from Baltimore County, appointed as 22
follows: 23

(i) Two members appointed by the Governor, including: 24

1. At least one member who uses transit in the Baltimore 25
region; and 26

2. At least one member from the business community; and 27

HOUSE BILL 1081 23

(ii) Two members appointed by the County Executive of Baltimore 1
County; 2

(3) The following two members from Anne Arundel County, appointed as 3
follows: 4

(i) One member appointed by the Governor; and 5

(ii) One member appointed by the County Executive of Anne 6
Arundel County; 7

(4) The following two members from Howard County, appointed as follows: 8

(i) One member appointed by the Governor; and 9

(ii) One member appointed by the County Executive of Howard 10
County; 11

(5) One nonvoting member who is an employee of the Administration and 12
is a member of the Amalgamated Transit Union local labor union, designated by the labor 13
union; and 14

(6) The Secretary or the Secretary’s designee, who shall vote only in the 15
case of a tie. 16

(c) (1) The Commission sh all select a chair and a vice chair from among its 17
members. 18

(2) The chair and vice chair shall each serve a term of 2 years in those 19
capacities. 20

(d) (1) The term of a commissioner is 3 years. 21

(2) A commissioner may not serve more than two consecutive terms. 22

(3) The term of a commissioner begins January 1, 2024. 23

(4) The terms of the members are staggered as required by the terms 24
provided for members of the Commission on January 1, 2024. 25

(5) At the end of a term, a commissioner continues to serve until a successor 26
is appointed. 27

(e) (1) The Baltimore Metropolitan Council shall provide staff for the 28
Commission. 29

24 HOUSE BILL 1081

(2) The Administration shall allocate funds for operational expenses 1
incurred by the Commission, including funding for one senior planner and two junior 2
planner staffing positions. 3

(f) A member of the Commission: 4

(1) May not receive compensation as a member of the Commission; but 5

(2) Is entitled to reimbursement for expenses under the Standard State 6
Travel Regulations, as provided in the State budget. 7

(g) The Commission shall: 8

(1) Organize and establish policies and procedures for the operations of the 9
Commission, including conflict of interest standards that prohibit a commissioner from 10
having any inappropriate financ ial or nonfinancial interest in a matter over which the 11
Commission has jurisdiction; 12

(2) Not later than 6 months after the Commission first meets, adopt bylaws 13
to govern the operations of the Commission; 14

(3) (i) Meet at least quarterly; and 15

(ii) Accept public comments during the meetings and, at all times, 16
electronically; 17

(4) Include in the quarterly agenda each of the following topics at least once 18
each year: 19

(i) The Capital Needs Inventory Report; 20

(ii) The Consolidated Transportation Program priorities and initial 21
budget requests under § 2–103.1 of this article; and 22

(iii) Any update on the Central Maryland Regional Transit Plan 23
under § 7–301.1 of this title; 24

(5) (i) Keep minutes of Commission meetings and maintain proper 25
records of all Commission activity; and 26

(ii) Post all minutes, records, notices, comments, or other 27
information issued by the Commission or received from the public on a public website 28
established and maintained by the Commission; 29

(6) Provide input and eng age in advocacy for the Baltimore region public 30
transit systems maintained by the Administration; 31

HOUSE BILL 1081 25

(7) Request and review information from the Annual Attainment Report 1
and the Administration concerning the attainment of the Administration’s goals, including 2
performance goals and metrics, evaluate any other measures of the performance of the 3
Baltimore region transit system, and issue written recommendations concerning how the 4
results of the Commission’s review and evaluation should influence the Admi nistration’s 5
priorities in future years; 6

(8) Review and comment on service change reports and major service 7
change proposals on a quarterly basis; 8

(9) Review and comment on the Administration’s annual operating and 9
capital budget request for the Baltimore region, including bus, light rail, metro, commuter 10
bus, MARC service, and paratransit as part of the development of the draft and final 11
Consolidated Transportation Program; 12

(10) Review and approve any update to the Central Maryland Regional 13
Transit Plan; 14

(11) Review and comment on the Capital Needs Inventory Report; and 15

(12) Review local transit plans and services in the Baltimore region to 16
ensure coordination between the local transit services and the Administration. 17

(h) In carrying out its duties under subsection (g) of this section, the Commission 18
shall endeavor to ensure that the Administration’s plans, budgets, decisions, policies, goals, 19
priorities, operations, and services address the public transit needs of residents and 20
businesses in the Baltimore region. 21

(i) On or before December 1 each year, the Commission shall report its findings 22
and recommendations on the Baltimore region transit systems to the Administration, the 23
Governor, and, in accordance with § 2 –1257 of the State Government Article, the General 24
Assembly.] 25

7–702. 26

(a) Subject to the provisions of this section, the Administration is liable for its 27
contracts and torts and for the torts of its officers, agents, and employees in connection with 28
the performance of the duties and functions of the Administration under this title. 29

(b) (1) The exclusive remedy for a breach of contract or for a tort committed by 30
the Administration, its officers, agents, or employees is a suit against the Administration. 31

(2) No execution may be levied on any property of this State or of the 32
Administration. 33

26 HOUSE BILL 1081

(c) (1) THE SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 1
LIABILITY OF THE ADMINISTRATION AS TO A TORT ACTION MAY NO T EXCEED 2
$400,000 TO A SINGLE CLAIMANT FOR INJURIES ARISING FROM A SINGLE INCIDENT 3
OR OCCURRENCE. 4

(2) THIS SUBSECTION MAY NOT BE CONSTRUED TO LIMIT OR IMPAIR 5
THE APPLICATION OF 49 U.S.C. § 28103, OR THE ADMINISTRATION’S OBLIGATIONS 6
UNDER AGREEMENTS ENTERED INTO PURSUANT TO THAT PROVISION OF FEDERAL 7
LAW. 8

(D) Subsection [(d)] (E) of this section does not apply to a tort claim that is 9
asserted by cross–claim, counterclaim, or third–party claim. 10

[(d)] (E) A tort claimant may not institute an action under this section unless: 11

(1) The claimant submits a written notice of claim to the Administrator or 12
the Administrator’s designee within 1 year after the injury to person or property that is the 13
basis of the claim; 14

(2) The Administrator or the Administrator’s designee denies the claim; 15
and 16

(3) The action is filed within 3 years after the cause of action arises. 17

[(e)] (F) A notice of claim under this section shall: 18

(1) Contain a concise statement of facts that sets forth the nature of the 19
claim, including the date and place of the alleged tort; 20

(2) State the name and address of the claimant; 21

(3) State the name, address, and telephone number of counsel for the 22
claimant, if any; and 23

(4) Be signed by the claimant, or the legal representative or counsel for the 24
claimant. 25

[(f)] (G) A claim under this section is denied: 26

(1) If the Administrator or the Administrator’s designee sends the 27
claimant, or the legal representative or counsel for the claimant, written notice of denial; 28
or 29

(2) If the Administrator or the Administrator’s designee fails to give notice 30
of a denial within 6 months after the sending of the notice of claim. 31

HOUSE BILL 1081 27

[(g)] (H) Notwithstanding any other provision of this section, unless the 1
Administration affirmatively shows that its defense has been prejudiced by the lack of the 2
required notice, a court may allow the action to proceed even if the written notice of claim 3
was not submitted. 4

SECTION 2. 4. AND BE IT FURTHER ENACTED, (Three–fifths of all the members 5
elected to each of the two Houses concurring), That it be proposed that the Maryland 6
Constitution read as follows: 7

Article III – Legislative Department 8

40B. 9

The General Assembly shall enact no law authorizing private property to be taken 10
for public use without just compensation, to be agreed upon between the parties or awarded 11
by a jury, being first paid or tendered to the party entitled to such compensation, except 12
that where: 13

(1) WHERE such property in the judgment of the State [Roads 14
Commission] HIGHWAY ADMINISTRATION, OR A SUCCESSOR STATE AGENCY , is 15
needed by the State for highway purposes OR OF THE MARYLAND TRANSIT 16
ADMINISTRATION, OR A SUCCESSOR STATE AGENCY, IS NEEDED BY THE STATE FOR 17
TRANSIT PURPOSES, the General Assembly may provide that such property may be taken 18
immediately upon payment therefor to the owner or owners thereof by said State [Roads 19
Commission] HIGHWAY ADMINISTRATION OR MARYLAND TRANSIT 20
ADMINISTRATION, OR ANY RESPECTIVE SU CCESSOR STATE AGENCIES , OR A 21
SUCCESSOR STATE AGENCY , or into Court, such amount as said State [Roads 22
Commission] HIGHWAY ADMINISTRATION OR MARYLAND TRANSIT 23
ADMINISTRATION, OR ANY RESPECTIVE STATE AGENCIES, OR A SUCCESSOR STATE 24
AGENCY, shall estimate to be of the fair value of said property, provided such legislation 25
also requires the payment of any further sum that may subsequently be awarded by a jury; 26
OR 27

(2) WHERE SUCH PROPERTY I N THE JUDGMENT OF TH E MARYLAND 28
TRANSIT ADMINISTRATION, OR A SUCCESSOR STATE AGENCY, IS NEEDED BY THE 29
STATE FOR TRANSIT PUR POSES, THE GENERAL ASSEMBLY MAY PROVIDE THAT 30
SUCH PROPERTY MAY BE TAKEN IMMEDIATELY UPON PAYMENT THEREFOR TO THE 31
OWNER OR OWNERS THEREOF BY SAID MARYLAND TRANSIT ADMINISTRATION, OR 32
SUCCESSOR STATE AGENCY, OR INTO COURT, SUCH AMOUNT AS SAID MARYLAND 33
TRANSIT ADMINISTRATION, OR SUCCESSOR STATE AGENCY, SHALL ESTIMATE TO BE 34
OF THE FAIR VALUE OF SAID PROPERTY , PROVIDED SUCH LEGISL ATION ALSO 35
REQUIRES THE PAYMENT OF ANY FURTHER SUM T HAT MAY SUBSEQUENTLY BE 36
AWARDED BY A JURY. 37

28 HOUSE BILL 1081

SECTION 3. 5. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 1
as follows: 2

Article – Transportation 3

7–401.1. 4

(A) (1) SUBJECT TO PARAGRAPHS (2) AND (3) OF THIS SUBSECTION , IF 5
PROPERTY IS TO BE CONDEMNED FOR A TRANSIT PURPOSE, THE ADMINISTRATION 6
SHALL CONDEMN THE NECESSARY PROPERTY UNDER THIS SECTION. 7

(2) IF THE ADMINISTRATION CONSIDERS THE PROCEDURES UNDER 8
THIS SECTION INAPPRO PRIATE, THE PROPERTY MAY BE CONDEMNED BY THE 9
ADMINISTRATION UNDER § 7–401.2 OF THIS SUBTITLE OR TITLE 12 OF THE REAL 10
PROPERTY ARTICLE. 11

(3) EXCEPT AS OTHERWISE P ROVIDED IN THIS SECT ION, 12
CONDEMNATION PROCEED INGS UNDER THIS SECTION SHALL F OLLOW THE 13
PROCEDURES SET FORTH IN TITLE 12 OF THE REAL PROPERTY ARTICLE AND THE 14
MARYLAND RULES. 15

(B) (1) BEFORE ANY PROPERTY I S CONDEMNED UNDER TH IS SECTION 16
THE ADMINISTRATION SHALL: 17

(I) COMPLETE APPROPRIATE ENGINEERING AND OTHE R 18
STUDIES; AND 19

(II) PREPARE A CONSTRUCTIO N PLAN THAT SHOWS TH E 20
LOCATION OF THE TRAN SIT FACILITY TO BE C ONSTRUCTED, IMPROVED, OR 21
RECONSTRUCTED. 22

(2) AFTER PREPARING THE C ONSTRUCTION PLAN , THE 23
ADMINISTRATION SHALL PREPARE PLATS THAT INCLUDE: 24

(I) THE CONSTRUCTION PLAN; 25

(II) THE FEE SIMPLE AND EA SEMENT AREA TO BE AC QUIRED; 26
AND 27

(III) THE PROPERTY LINES OF THE PROPERTY OWNERS WHOSE 28
PROPERTY WILL BE AFFECTED BY THE ACQUISITION. 29

(3) AFTER THE PLATS ARE PREPARED, THE ADMINISTRATION SHALL: 30
HOUSE BILL 1081 29

(I) MAKE THE ENGINEERING AND REAL ESTATE STUD IES, 1
EVALUATIONS, AND INVESTIGATIONS NECESSARY TO DETERMINE, IN ITS OPINION: 2

1. THE FAIR VALUE OF THE PROPERTY TO BE ACQUIRED; 3
AND 4

2. THE FAIR COMPENSATION FOR ANY RESULTING 5
DAMAGES TO THE REMAINING PROPERTY OF THE OWNER; 6

(II) PREPARE AN ESTIMATE O F THIS FAIR VALUE AN D FAIR 7
COMPENSATION; AND 8

(III) PROVIDE FOR PAYMENT OF THESE ESTIMATED AMOUNTS AS 9
REQUIRED BY SUBSECTION (E) OF THIS SECTION. 10

(C) (1) THE PLATS PREPARED BY THE ADMINISTRATION SHALL BE FILED 11
FOR RECORD WITH THE STATE ARCHIVES. 12

(2) PLATS FILED WITH THE STATE ARCHIVES SHALL BE 13
ELECTRONICALLY RECOR DED AS PROVIDED IN § 9–1011 OF THE STATE 14
GOVERNMENT ARTICLE. 15

(D) (1) THE PLATS AND ESTIMATES APPROVED BY THE ADMINISTRATION 16
SHALL BE KEPT AS PART OF THE PERMANENT RECORDS OF THE ADMINISTRATION. 17

(2) NOTWITHSTANDING ANY OTHER STATUTE TO THE CONTRARY: 18

(I) EXCEPT AS ALLOWED BY THE ADMINISTRATION, THE PLATS 19
PREPARED BY THE ADMINISTRATION ARE NOT PUBLIC INFORMATION OR OPEN TO 20
PUBLIC INSPECTION UNTIL THEY HAVE BEEN RECORDED; AND 21

(II) EXCEPT WHEN FILED WITH A BOARD OF PROPERTY REVIEW 22
ESTABLISHED UNDER § 8–327 OF THIS ARTICLE OR A COURT, THE ESTIMATES 23
PREPARED BY THE ADMINISTRATION ARE NOT PUBLIC INFORMATION OR OPEN TO 24
PUBLIC INSPECTION UN TIL ALL THE PROPERTY SHO WN ON THE PLATS HAS BEEN 25
ACQUIRED OR ITS PRICE DETERMINED. 26

(E) (1) AFTER THE PLATS ARE F ILED FOR RECORD , THE 27
ADMINISTRATION IMMEDIATELY SHALL: 28

30 HOUSE BILL 1081

(I) FILE, IN THE COURT FOR THE COUNTY IN WHICH THE 1
PROPERTY TO BE ACQUI RED IS LOCATED , A PETITION FOR CONDE MNATION THAT 2
INCLUDES: 3

1. THE NAME AND ADDRESS OF THE PROPERTY OWNER; 4

2. THE LOCATION OF THE P ROPERTY TO BE ACQUIRED; 5
AND 6

3. THE ESTIMATED FAIR VA LUE OF THE PROPERTY TO 7
BE ACQUIRED AND ESTIMATED FAIR COMPENSATION FOR ANY DAMAGE RESULTING 8
TO THE REMAINING PROPERTY OF THE OWNER; AND 9

(II) PAY TO THE OWNER OF THE PROPERTY OR INTO THE COURT 10
FOR THE OWNER’S BENEFIT, THE ESTIMATED FAIR VALUE AND FAIR COMPENSATION 11
SPECIFIED IN THE PETITION. 12

(2) ON WRITTEN REQUEST TO THE CL ERK OF THE COURT , THE 13
PROPERTY OWNER IS EN TITLED TO RECEIVE AN Y AMOUNT PAID INTO T HE COURT 14
FOR THE PROPERTY OWN ER’S BENEFIT , WITHIN 10 BUSINESS DAYS OF THE 15
REQUEST, WITHOUT PREJUDICE TO ANY OF THE PROPERTY OWNER’S RIGHTS, IF THE 16
PROPERTY OWNER AGREE S TO RE PAY TO THE ADMINISTRATION ANY EX CESS OF 17
THAT AMOUNT OVER THE FINAL AWARD THAT IS ALLOWED IN THE SUBSE QUENT 18
CONDEMNATION PROCEEDINGS. 19

(3) A PAYMENT MADE UNDER THIS SECTION DOES NOT LIMIT IN ANY 20
WAY THE AMOUNT OF TH E FINAL AWARD THAT M AY BE ALLOWED IN THE 21
SUBSEQUENT CONDEMNATION PROCEEDINGS. 22

(F) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 23
AFTER THE PETITION I S FILED AND PAYMENT IS MADE UNDER SUBSEC TION (E) OF 24
THIS SECTION: 25

(I) THE ADMINISTRATION MAY TA KE POSSESSION OF THE 26
PROPERTY TO BE ACQUIRED, AS SHOWN ON THE RECORDED PLATS; 27

(II) THE ADMINISTRATION MAY PR OCEED WITH 28
CONSTRUCTION WITHOUT INTERFERENCE BY THE OWNER; AND 29

(III) WITH THE PERMISSION O F THE ADMINISTRATION AND 30
UNDER ITS SUPERVISIO N, ANY PUBLIC OR PRIVAT E UTILITY MAY I NSTALL ITS 31
FACILITIES ON ANY LA ND BEING ACQUIRED BY THE ADMINISTRATION IN FEE 32
SIMPLE. 33
HOUSE BILL 1081 31

(2) UNLESS THE OWNER AGRE ES OTHERWISE , IF A DWELLING OR 1
PLACE OF BUSINESS IS TAKEN, THE RESIDENT OR OCCUPANT NEED NOT VACATE THE 2
DWELLING OR PLACE OF BUSINESS UNTIL THE TITLE TO THE PROPE RTY HAS BEEN 3
ACQUIRED BY DEED OR CONDEMNATION. 4

(G) (1) AFTER THE PETITION IS FILED AND PAYMENT IS MADE UNDER 5
SUBSECTION (E) OF THIS SECTION, THE ADMINISTRATION SHALL SEEK TO ACQUIRE 6
THE PROPERTY BY AMICABLE NEGOTIATION. 7

(2) FOR PURPOSES OF THESE NEGOTIATIONS, THE ADMINISTRATION 8
SHALL DETERMINE THE VALUE OF THE PROPERTY TO BE ACQUIRED AS OF THE DATE 9
THE PAYMENT IS MADE TO THE PROPERTY OWNE R OR INTO COURT UNDE R 10
SUBSECTION (E) OF THIS SECTION. 11

(H) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, IF 12
THE ADMINISTRATION IS UNABLE TO ACQUIRE THE PROPERTY BY NEGOTIATION, IT 13
SHALL CERTIFY THE CASE TO THE BOARD OF P ROPERTY REVIEW FOR THE COUNTY 14
IN WHICH THE PROPERTY IS LOCATED, AS PROVIDED IN THE MARYLAND RULES. 15

(2) A CASE SHALL BE FILED AS A CONDEMNATION CASE IN THE COURT 16
FOR THE COUNTY IN WHICH THE PROPERTY IS LOCATED AND MAY NOT BE HEARD BY 17
A BOARD OF PROPERTY REVIEW IF: 18

(I) THE ADMINISTRATION DETERM INES THAT VALID , 19
MARKETABLE TITLE IS UNOBTAINABLE WITHOUT A COURT PROCEEDING; OR 20

(II) A NONRESIDENT HAS AN INTEREST IN THE PROPERTY AND 21
WILL NOT ACCEPT SERV ICE OF PROCESS AND A GREE TO THE BOARD ’S 22
JURISDICTION. 23

(I) IF, WITHIN 1 YEAR AFTER PAYMENT IS MADE UNDER SUBSECTION (E) OF 24
THIS SECTION, THE ADMINISTRATION FAILS TO ASCERTAIN THE ENTIRE AMOUNT TO 25
BE PAID FOR THE PROPERTY AND ACQUIRE TITLE TO IT BY DEED OR CONDEMNATION 26
OR, WITHIN THAT SAME 1–YEAR PERIOD, FAILS TO FILE TIMELY A PETITION FOR 27
CONDEMNATION AS REQUIRED BY THE MARYLAND RULES, THEN THE FAIR VALUE 28
OF THE PROPERTY SHALL BE THE GREATER OF THE VALUES DETERMINED AS OF: 29

(1) THE DATE THE TITLE TO THE PROPERTY IS ACQUIRED; AND 30

(2) THE DATE THE PAYMENT WAS MADE UNDER SUBSE CTION (E) OF 31
THIS SECTION. 32

32 HOUSE BILL 1081

(J) AT THE CONCLUSION OF ALL PROCEEDINGS , THE ADMINISTRATION 1
SHALL PAY TO THE PROPERTY OWNER: 2

(1) ANY EXCESS OF THE FIN AL AWARD OVER THE AM OUNT PAID 3
UNDER SUBSECTION (E) OF THIS SECTION; AND 4

(2) INTEREST ON THE EXCESS FROM THE DATE OF P AYMENT UNDER 5
SUBSECTION (E) OF THIS SECTION AT THE RATE OF 6% A YEAR. 6

7–401.2. 7

(A) (1) IF THE ADMINISTRATION DETERM INES THAT CONDEMNATI ON 8
UNDER § 7–401.1 OF THIS SUBTITLE IS INAPPROPRIATE, THE ADMINISTRATION MAY 9
ACQUIRE PROPERTY BY CONDEMNATION UNDER T HIS SECTION , AFTER MAKING 10
EVERY REASONABLE AND GOOD FAITH EFFORT TO NEGOTIATE. 11

(2) EXCEPT AS OTHERWISE P ROVIDED IN THIS SECT ION, 12
CONDEMNATION PROCEED INGS UNDER THIS SECT ION SHALL FOLLOW THE 13
PROCEDURES SET FORTH IN TITLE 12 OF THE REAL PROPERTY ARTICLE AND THE 14
MARYLAND RULES. 15

(B) TO CONDEMN PROPERTY UNDER THIS SECTION, THE ADMINISTRATION 16
SHALL: 17

(1) FILE A PETITION FOR C ONDEMNATION IN THE C OURT FOR THE 18
COUNTY IN WHICH THE PROPERTY TO BE ACQUIRED IS LOCATED; AND 19

(2) PAY TO THE OWNER OF THE PROPERTY OR INTO THE COURT FOR 20
THE OWNER’S BENEFIT, THE AMOUNT THAT THE ADMINISTRATION ESTIMATES TO 21
BE THE FAIR VALUE OF THE PROPERTY TO BE ACQUIRED AND FAIR COMPENSATION 22
FOR ANY DAMAGE RESULTING TO THE REMAINING PROPERTY OF THE OWNER. 23

(C) AFTER THE PETITION IS FILED AND PAYMENT IS MADE UNDER 24
SUBSECTION (B) OF THIS SECTION, THE ADMINISTRATION MAY: 25

(1) TAKE POSSESSION OF THE PROPERTY TO BE ACQUIRED; AND 26

(2) PROCEED WITH CONSTRUCTION WITHOUT INTERFERENCE BY THE 27
OWNER. 28

(D) ON WRITTEN REQUEST TO THE CLERK OF THE COU RT, THE PROPERTY 29
OWNER IS ENTITLED TO RECEIVE ANY AMOUNT P AID INTO THE COURT FOR T HE 30
PROPERTY OWNER ’S BENEFIT WITHIN 10 BUSINESS DAYS OF THE REQUEST, 31
HOUSE BILL 1081 33

WITHOUT PREJUDICE TO ANY OF THE PROPERTY OWNER’S RIGHTS , IF THE 1
PROPERTY OWNER AGREE S TO REPAY TO THE ADMINISTRATION ANY EX CESS OF 2
THAT AMOUNT OVER THE FINAL AWARD THA T IS ALLOWED IN THE SUBSEQUENT 3
CONDEMNATION PROCEEDINGS. 4

(E) A PAYMENT MADE UNDER SUBSECTION (B) OF THIS SECTION DOES NOT 5
LIMIT IN ANY WAY THE AMOUNT OF THE FINAL AWARD THAT MAY BE AL LOWED IN 6
THE SUBSEQUENT CONDEMNATION PROCEEDINGS. 7

(F) AT THE CONCLUSION OF ALL PR OCEEDINGS, THE ADMINISTRATION 8
SHALL PAY TO THE PROPERTY OWNER ANY EXCESS OF THE FINAL AWARD OVER THE 9
AMOUNT PAID UNDER SUBSECTION (B) OF THIS SECTION. 10

8–327. 11

(a) (1) There is a board of property review in each county. 12

(2) If necessary, additional boards may be appointed in any county. 13

(b) (1) Each board of property review of a county has three members who are 14
appointed by the judges of the circuit court for the county. 15

(2) Of the members of each board: 16

(i) One shall be a lawyer; 17

(ii) One shall be a farmer engaged in some agricultural pursuit; and 18

(iii) One shall be an engineer or a person with an engineering 19
background and knowledge. 20

(3) A member of the General Assembly may not be a member of a board 21
during his term of office. 22

(c) (1) Each board member serves for a term of 2 years and until his successor 23
is appointed and qualifies. 24

(2) A member appointed to fill a vacancy in an unexpired term serves only 25
for the remainder of that term. 26

(d) A board member is entitled to the per diem compensation set by the Supreme 27
Court of Maryland. The compensation shall be uniform statewide and shall be paid monthly 28
by the Commission, on vouchers approved by the clerk of the court. 29

(e) Each board shall appoint its chairman and may adopt rules not inconsistent 30
with this title or the Maryland Rules. 31
34 HOUSE BILL 1081

(f) Each county shall provide a suitable place for its board to meet and, whenever 1
possible, the clerk of the court shall provide suitable clerical assistance. If the clerk fails to 2
provide clerical assistance, the Administration OR THE MARYLAND TRANSIT 3
ADMINISTRATION, AS APPROPRIATE, shall provide it on request of the board. 4

(g) Each board is under the jurisdiction of the court and each member of the board 5
is an officer of the court. 6

8–328. 7

(a) Each board of property review: 8

(1) Shall hear promptly all cases certified to it by the Commission OR THE 9
MARYLAND TRANSIT ADMINISTRATION; 10

(2) Shall determine the total amount of the award to be paid by the 11
Commission OR THE MARYLAND TRANSIT ADMINISTRATION; and 12

(3) May determine the portion of an award to be paid to persons, other than 13
the fee owner, who have an interest in the property. 14

(b) Unless all parties in a case certified to a board agree otherwise, the full board 15
shall hear and decide the case. If a member of the board is absent or disqualified from 16
hearing or deciding any case, the judges of the court that appointed the board shall 17
designate another individual with qualifications similar to those of the abse nt or 18
disqualified member to serve instead. 19

(c) The board shall determine the fair value of the property to be acquired as of 20
the date payment is made under § 7–401.1 OR § 7–401.2 OF THIS ARTICLE OR § 8–323 21
of this subtitle. 22

8–329. 23

If any party is dissatisfied with the findings or award of a board of property review, 24
the case may be appealed to the court. On appeal, the court shall hear and determine the 25
case de novo, as provided by law and the Maryland Rules. 26

SECTION 4. 6. 2. AND BE IT FURTHER ENACT ED, That, notwithstanding § 27
7–201.1 of the Transportation Article, as enacted by Section 1 3 1 of this Act, the initial 28
terms of the Board of Directors for Baltimore Core Transit Service established under this 29
Act shall be staggered as follows: 30

(1) the five members appointed by the Governor shall serve an initial term 31
of 4 years; and 32

HOUSE BILL 1081 35

(2) the members appointed by the Mayor of Baltimore City, the Baltimore 1
County Executive, and the Anne Arundel County Executive shall serve an initial term of 3 2
years. 3

SECTION 5. 7. 3. AND BE IT FURTHER ENACTED, That, notwithstanding § 4
7–201.2 of the Transportation Article, as enacted by Section 1 3 1 of this Act, the initial 5
terms of the Commuter Services Advisory Board established under this Act shall be 6
staggered as follows: 7

(1) of the six members who reside in areas served by MARC or Maryland 8
Transit Administration commuter buses, three members shall serve an initial term of 4 9
years and three members shall serve an initial term of 3 years; 10

(2) the member who r epresents riders with accessibility challenges shall 11
serve an initial term of 4 years; and 12

(3) the member who is an employee of a Maryland Transit Administration 13
commuter service contractor and is a member of a labor union that has a collective 14
bargaining agreement with the commuter service contractor shall serve an initial term of 15
3 years. 16

SECTION 6. 8. 4. AND BE IT FURTHER ENACTED, That: 17

(a) The Department of Transportation shall contract with the Baltimore 18
Metropolitan Council to complete a technical study on or before December 1, 2026, that: 19

(1) provides findings and considerations on the creation of a rail authority 20
in Maryland, with the intent that this rail authority would be focused on financing for rail 21
services; 22

(2) examines peer models that may provide insight for the findings and 23
considerations, including models in the Commonwealth of Virginia and Austin, Texas; 24

(3) provides potential next steps to consider in the creation of a rail 25
authority in Maryland; and 26

(4) ensures that current rail transit services remain under the Maryland 27
Transit Administration and that funding options for a statewide rail authority do not 28
undermine future financial support for Baltimore Core Transit Services. 29

(b) The Baltimore Metropolitan Counc il may consult with the Metropolitan 30
Washington Council of Governments in completing the technical study. 31

SECTION 7. 9. 5. AND BE IT FURTHER ENACTED, That the Maryland Transit 32
Administration shall: 33

36 HOUSE BILL 1081

(1) reallocate its staff to ensure sufficient support for the Board of Directors 1
for Baltimore Core Transit Service and the Commuter Services Advisory Board; and 2

(2) at a minimum establish the following staff positions: 3

(i) a Deputy Administrator and an analyst for the Board of Directors 4
for Baltimore Core Transit Service; 5

(ii) a Deputy Administrator and an analyst for the Commuter 6
Services Advisory Board; and 7

(iii) a support officer to be shared between the Board of Directors for 8
Baltimore Core Transit Service and the Commuter Services Advisory Board. 9

SECTION 10. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall 10
take effect October 1, 2026, contingent on the failure of H.B. 587 during the 2026 Session 11
of the General Assembly. If H.B. 587 takes effect, Section 1 of this Act, with no further 12
action required by the General Assembly, shall be null and void. If Section 1 of this Act 13
takes effect, Section 2 of this Act, with no further action required by the General Assembly, 14
shall be abrogated and of no further effect. 15

SECTION 8. 11. AND BE IT FURTHER ENACTED, That the General Assembly 16
determines that the amendment to the Maryland Constitution proposed by Section 2 4 of 17
this Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the 18
Maryland Constitution concer ning local approval of constitutional amendments do not 19
apply. 20

SECTION 9. 12. AND BE IT FURTHER ENACTED, That the amendment to the 21
Maryland Constitution proposed by Section 2 4 of this Act shall be submitted to the 22
qualified voters of the State at the next general election to be held in November 2026 for 23
adoption or rejection in accordance with Article XIV of the Maryland Constitution. At that 24
general election, the vote on the proposed amendment to the Constitution shall be by ballot, 25
and on each ballot there shall be printed the words “For the Constitutional Amendment” 26
and “Against the Constitutional Amendment”, as now provided by law. Immediately after 27
the election, all returns shall be made to the Governor of the vote for and against the 28
proposed amendment, as directed by Article XIV of the Maryland Constitution, and further 29
proceedings held in accordance with Article XIV. 30

SECTION 10. 13. AND BE IT FURTHER ENACTED, That Section 3 5 of this Act is 31
contingent on the passage of Section 2 4 of this Act, a constitutional amendment, and its 32
ratification by the voters of the State. 33

SECTION 11. 14. AND BE IT FURTHER ENACTED, That, subject to Section 10 13 34
of this Act, Section 3 5 of this Act shall take effect on the proclamation of the Governor that 35
the constitutional amendment, having received a majority of the votes cast at the general 36
election, has been adopted by the people of Maryland. 37

HOUSE BILL 1081 37

SECTION 12. 15. 6. AND BE IT FURTHER ENACTED, That, except as provided in 1
Sections 9 and 11 10, 12, and 14 of this Act, this Act shall take effect October 1, 2026. 2

Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.