Transportation (GTR) — Title 6. Ports

Lands, piers, docks, wharves, warehouses, sheds, transit sheds, elevators, compressors, refrigeration storage plants, buildings, structures, and other facilities, appurtenances, and equipment useful or designed for use in connection with the operation of a port;

Every kind of terminal or storage structure or facility useful or designed for use in handling, storing, loading, or unloading freight or passengers at marine terminals;

Every kind of transportation facility useful or designed for use in connection with any of these; and

An international trade center constituting a facility of commerce and consisting of one or more buildings, structures, improvements, and areas that the Department considers necessary, convenient, or desirable for the centralized accommodation of functions, activities, and services for or incidental to the transportation of persons by water, the exchange, buying, selling, and transportation of commodities and other property in international and national waterborne trade and commerce, the promotion and protection of this trade and commerce, and governmental services related to them and other federal, state, and municipal agencies and services, including foreign trade zones, offices, marketing and exhibition facilities, terminal and transportation facilities, customhouses, custom stores, inspection and appraisal facilities, parking areas, commodity and security exchanges, and, in the case of buildings, structures, improvements, and areas in which such accommodation is afforded, all the buildings, structures, improvements, and areas, although other parts of the buildings, structures, improvements, and areas might not be devoted to purposes of the international trade center other than the production of incidental revenue available for the expenses and financial obligations of the Department in connection with the international trade center and although other parts of the buildings, structures, improvements, and areas might be rented or leased for the use or occupancy of departments, bureaus, units, or agencies of the United States, this State, or any political subdivision of this State.

The purpose of this title is to increase the waterborne commerce of the ports in this State and, by doing so, benefit the people of this State.

Commerce may be attracted to these areas by:

Since existing port and terminal facilities of Baltimore and other port areas have been provided mostly by private enterprise, the General Assembly seeks primarily to improve the facilities and strengthen the workings of the private operators.

However, the private operators in the port areas have a public responsibility to provide modern port and harbor facilities suited to the needs of the public that they serve. Therefore, the Administration should have power to obtain information about the rates and practices of private operators, and, while it should assist and encourage the extension and improvement of privately operated port facilities, it also should have the power, if private facilities are inadequate or inadequately operated at any time, to construct and, if necessary, to operate any supplementary public facilities that it considers to be required in the public interest.

In this section the following words have the meanings indicated.

“Cargo” does not include a vessel’s machinery or supplies, or the vessel’s equipment transported onto or off of the vessel.

“Drug” means:

“Employee” means any individual who is an employee, independent contractor, subcontractor, or other individual who provides labor for compensation at a marine facility for a person.

“Marine facility” means a terminal or storage structure or facility used for the purpose of handling, storing, loading, or unloading freight in the Helen Delich Bentley Port of Baltimore.

“Program” means an alcohol–free and drug–free workplace program for a marine facility that meets the requirements of this section.

Employees, contractors, independent contractors, or agents of the Maryland Port Administration;

Vessel employees, or employees of contractors or subcontractors that attend vessels, who do not load or unload cargo between a vessel and a pier, or from one stowage position to another on a vessel, at a marine facility; or

Individuals or employees required by federal or State law to comply with 49 C.F.R. Parts 40 and 382 of the Federal Motor Carrier Safety Regulations.

Prohibits the sale, purchase, transfer, use, or possession of alcohol or drugs at a port facility;

Provides a plan that includes the nondiscriminatory administration of tests for the presence of alcohol or drugs in accordance with established testing procedures, including random, reasonable cause, post accident, and return-to-work, or post treatment testing of safety-sensitive employees, and pre-employment test for the presence of drugs, of employees;

Provides for rehabilitation programs and disciplinary and sanction procedures for individuals who violate the Program;

Provides sufficient notice to employees of testing procedures, consent, and other requirements of the Program;

Provides adequate security measures for collection, chain of custody, and handling of test material; and

Establishes procedures for the reporting, review, and appeal of test results.

The Administration has jurisdiction in Calvert County, Charles County, or St. Mary’s County only after the county government and its legislative delegation give consent to this jurisdiction.

The required consent may be given only after sufficient public hearings and public notice.

The county government of the county for which consent is requested shall give public notice of the hearings:

Establish policies directed toward improving the competitive position of the ports of Maryland within the international port industry;

Adopt regulations for the operation of the Administration in a competitive manner within the port industry;

Exercise those powers granted to the Commission and to the Maryland Port Administration by this title or by any other provision of law;

Unless otherwise directed by the Secretary, serve as the board of directors of any private operating company created under this title; and

In carrying out the provisions of this subtitle, seek information and advice from port labor and management groups.

The Commission shall consist of 7 voting members, 6 of whom shall be appointed by the Governor with the advice and consent of the Senate and the 7th shall be the Secretary of Transportation who shall be the Chairman of the Commission.

The Secretary of Business and Economic Development shall serve as a nonvoting ex officio Commission member.

Subject to the provisions of paragraph (3) of this subsection, the Governor may not appoint to the Commission:

The Governor shall take into consideration geographic representation when appointing the 6 members of the Commission.

Notwithstanding paragraph (1) of this subsection, a member of the Maryland Transportation Authority or any other State board, commission, or authority may be appointed a member of the Maryland Port Commission. Any person so appointed who is compensated by the State is not entitled to any compensation or other emolument, except expenses incurred in connection with attendance at hearings, meetings, field trips, and working sessions, for any services rendered as a Commissioner.

Each appointed member serves for a term of 3 years and until a successor is appointed and qualifies. The terms of appointed members shall be staggered as required by the original appointments to the Commission, 2 of which shall be for 3 years, 2 of which shall be for 2 years, and 2 of which shall be for 1 year.

A member appointed to fill a vacancy in an unexpired term serves only for the remainder of that term or until a replacement is appointed.

Subject to the approval of the Governor, appoint the Executive Director of the Administration in accordance with § 5–501 of the General Provisions Article; and

Approve the Administration’s budget before its submission to the General Assembly as part of the Governor’s proposed budget.

Remove the Executive Director of the Administration; and

While acting as Secretary of the Department, provide the Commission and the Administration with the personnel of the Department that the Secretary considers necessary to carry out the provisions of this title.

The Commission may appoint up to a total of 12 management personnel employees to operate and manage all State–owned port facilities or to perform services for private operating companies created under § 6–204(q) of this subtitle.

Notwithstanding any other provision of law, the Commission may determine the qualifications and appointment, as well as compensation and leave, for employees appointed under this subsection.

At least 10 days before the effective date of the change, the Commission shall submit to the Secretary of Budget and Management each change to the salaries of those employees that involves increases in salary ranges other than those associated with general salary increases approved by the General Assembly.

The Secretary of Budget and Management shall:

Failure of the Secretary of Budget and Management to respond in a timely manner is deemed to be a statement that the change will have no adverse effect.

Employees appointed under this subsection are State employees and shall be entitled to participate in the retirement and pension systems for employees of the State of Maryland authorized under Division II of the State Personnel and Pensions Article.

The budget submitted by the Governor to the General Assembly shall include personnel detail for the management personnel positions under this subsection in the form and manner provided for an agency in the State Personnel Management System.

Subject to § 2–1257 of the State Government Article, on or before December 1 of each year, the Commission shall report to the Governor and the Legislative Policy Committee of the General Assembly on actions taken by the Commission under this subsection during the previous fiscal year with regard to individuals subject to this subsection.

The Commission may adopt any other regulations necessary to carry out the provisions of this title.

Subject to § 2–1257 of the State Government Article, the Commission shall report by January 15 of each year to the General Assembly on the activities of the Port Commission during the previous year.

The report shall include a review of the port’s competitive position during the previous year and any recommendations of the Commission for future changes in legislation, capital funding, or operational flexibility for consideration by the General Assembly.

The report shall also include any substantive changes in its regulations for procurement and personnel.

The Executive Director shall report directly to the Commission.

Subject to the authority of the Commission, the Executive Director is responsible for carrying out:

The Executive Director is entitled to the salary provided in the State budget.

Studies of business conditions, freight rates, and port services;

Physical surveys of the conditions of channels and structures;

Studies of the need for additional port facilities to develop, improve, and more speedily handle commerce; and

Any other study, survey, or estimate necessary for the exercise of its powers under this title.

Purchasing advertising;

Engaging in public relations programs;

Publishing literature;

Soliciting business by correspondence and traveling representatives; and

Cooperating with civic, technical, professional, and business organizations and associations.

Except as provided in paragraph (2) of this subsection, the Administration may apply for the establishment, maintenance, and operation of foreign trade zones within its territorial jurisdiction and may operate and maintain these zones under the laws or regulations of the United States for the establishment, operation, and maintenance of foreign trade zones in ports of entry of the United States.

The Administration may not apply for the establishment, operation, and maintenance of a foreign trade zone unless it has the specific approval of the Board of Public Works. Approval of the Board of Public Works shall be based on information and advice, as received from the Department of Natural Resources, the Department of Commerce, other interested agencies of this State, and the county government of each involved county, on the potential effects of the foreign trade zone on the water resources, fisheries, and economic life of this State.

In the exercise of its powers and the performance of its duties under this title, the Administration may acquire and hold in its own name and may lease, convey, or otherwise dispose of any property, including:

The acquisition by or on behalf of the Administration of personal property to be used outside of this State is not subject to Title 4, Subtitle 3 of the State Finance and Procurement Article requiring purchases through the Department of General Services.

That relates to the design, establishment, construction, extension, operation, improvement, repair, or maintenance of a project operated and maintained by the Administration under this title;

That relates to rail rates, water rates, port services and charges, demurrage, switching, wharfage, towage, pilotage, differentials, discriminations, labor relations, trade practices, river and harbor improvements, aids to navigation, or permits for structures in navigable waters; or

That affects the physical development or business interest of the Administration and those it serves.

The Administration may employ consulting engineers, accountants, attorneys, construction and financial experts, superintendents, traveling representatives, managers, clerks, stenographers, and laborers, and any other agents and employees that it considers necessary to carry out the provisions of this subtitle.

This subsection does not affect the duties of the Attorney General specified in § 2–106 of this article.

The Administration, with the approval of the Commission, may create private operating companies for the purpose of operating public port facilities.

Other than employees appointed by the Commission under § 6–201.2(a) of this subtitle, employees of a private operating company created under this subsection are not State employees.

Provide for the preservation of navigation within its territorial jurisdiction, including the establishment of lines beyond which piers, bulkheads, wharves, pilings, structures, obstructions, or extensions may not be made or extended;

In order to foster and facilitate navigation and prevent injury to persons or property:

Make surveys or charts of navigable waters within its territorial jurisdiction and ascertain the depth and course of the channels of these waters;

In order to prevent injury to navigation or health:

As to wharves, docks, piers, bulkheads, or pilings, it owns or controls:

Impose any duty on the Administration as to the safety of any person using any waters;

Render the Administration liable for any loss of life, injury, or damage to any person or property because of any obstruction in or unsafe condition of any part of the waters; or

Render the Administration liable for any failure to adopt or enforce any rule or regulation under this title.

Any ordinance or regulation that was adopted before June 1, 1959 by any State agency, political subdivision, or other public body and that relates to a subject matter over which authority is granted to the Administration by subsection (a) of this section:

Only the Administration may readopt, amend, or repeal these ordinances or regulations.

The vessel has overnight cabin accommodations for at least 300 passengers;

The vessel is operated by an authorized cruise ship operator certified under the International Convention for the Safety of Life at Sea (SOLAS); and

The owner or operator of the vessel has obtained the required authorization as provided in this section.

The owner, operator, or any franchise holder of a cruise vessel described in subsection (a) of this section may apply to the Administration for authorization to conduct gaming aboard the vessel.

An application for authorization under this subsection shall include the following information:

In addition to the information required under paragraph (2) of this subsection, the applicant shall send a complete copy of the application to the Department of State Police.

An authorization issued by the Administration to a qualified applicant under this section shall remain valid for a period of not more than 1 year.

An authorization issued under this section authorizes gaming on the waters of the State only while the vessel:

The Administration may not issue an authorization under this section for a vessel on an excursion undertaken solely for gaming purposes even though the vessel may leave the territorial waters of the United States during the excursion.

Shall be investigated jointly by the Administration and the Department of State Police; and

In addition to any other penalties provided by law, may result in the withdrawal of an authorization issued under this section after the affected party has been granted an opportunity for a hearing.

Be reasonably necessary for the safety of persons and property or for the efficient operation of the port facilities;

Provide for a uniform system for accessible parking for individuals with disabilities to enhance the safety of people with disabilities in conformity with the “Uniform System for Parking for Persons with Disabilities” (23 C.F.R. Part 1235) and the “Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities” (Appendix A to 28 C.F.R. Part 36 and 36 C.F.R. Part 1191.1); and

Include procedures for the voluntary payment of fines directly to the Administration in uncontested parking cases.

Any person who violates a parking regulation adopted under this section is subject to a fine not exceeding $50. A violation of a parking regulation is not a misdemeanor.

Any person who violates any other regulation adopted under this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.

Contract with the Administration;

Have any direct or indirect interest in a contract with the Administration; or

Have any direct or indirect interest in the sale or purchase by the Administration of any property.

Contract with the authority or commission;

Have any direct or indirect interest in a contract with the authority or commission;

Have any direct or indirect interest in a company that does business with the authority or commission; or

Have any direct or indirect interest in the sale or purchase by the authority or commission of any property.

Any condemnation proceedings under this section shall be conducted under Title 12 of the Real Property Article.

The Administration may not condemn any property unless the property is located entirely within the territorial jurisdiction of the Administration.

The Administration may not condemn any property that belongs to a public service company subject to Division I of the Public Utilities Article, if the property is:

If the property is located in a county other than Baltimore City and not in any municipal corporation, from the county;

If the property is located in a municipal corporation within any county, both from the mayor and council, by whatever name known, of the municipal corporation and from the county; and

If the property is located in Baltimore City, from the Board of Estimates of Baltimore City.

Any political subdivision in this State may apply to the Administration, by ordinance or resolution, for the construction, acquisition, extension, enlargement, or improvement of port facilities in the political subdivision.

If the Administration finds that the proposal furthers the purposes of this title, it may approve the application.

If the Administration approves the application, the political subdivision that applied may contract with the Administration for the construction, acquisition, extension, enlargement, or improvement of these port facilities.

Under the contract, the political subdivision may incur indebtedness to the Administration in an amount not exceeding $1 million at any one time.

The contract by which the indebtedness is incurred shall require that:

Participate with the Administration in the construction, acquisition, extension, enlargement, or improvement of port facilities in the political subdivision; and

Participate by contract with the Administration in the operation and maintenance of these port facilities.

A county and any municipal corporation in the county jointly may participate with the Administration, by agreement confirmed by resolution or ordinance, in carrying out any of the purposes of this section.

If there is joint participation under this subsection by a county and a municipal corporation, the loan limitation imposed by subsection (c)(2) of this section is increased to $2 million, and the respective liabilities of the county and the municipal corporation shall be determined by agreement between them.

Except as otherwise provided in this subsection, each county retains the right to impose annual taxes on land and improvements on land acquired and developed in the political subdivision by the Administration. The Administration is subject also to all benefit assessments, including any sewer and water charges that may be levied by operation of law.

The right to impose taxes does not apply to any land or improvements acquired from the county, to any cargo handling facilities owned or leased, as lessor or lessee, by the Administration, or to any land used only in conjunction with these cargo handling facilities. From the date any of this property is purchased, erected, constructed, or leased, it is exempt from all property taxes and benefit assessments to their owner, to the Administration, and to the lessees of the Administration.

The right to impose taxes does not apply to the international trade center described in § 6-101(e)(4) of this title, which trade center is exempt from all property taxes and benefit assessments to the Administration.

For the Administration to pay to the county a stated sum in place of any taxes or benefit assessments to which the Administration is subject; or

For voluntary contributions as to tax-exempt property.

Each lease of a cargo handling facility for a term of more than 1 year, including renewal options, that is made between the Administration and a lessee engaged in business for profit shall contain a provision requiring the lessee to pay to the Administration annually, except to the extent that the improvements are taxed to the lessee, a sum of money computed on the basis of the full cash value of the leased land and improvements on it multiplied by the assessment percentage under § 8-103(c)(1) of the Tax - Property Article, multiplied by the current State and local real estate tax rates.

The supervisor of assessments of the county in which the leased land is located shall cooperate with the Administration in establishing the full cash value of the leased land and improvements on it.

The Administration may not acquire any interest in land or improvements on land in Anne Arundel County without the prior approval of the county, given after a public hearing.

This subsection does not affect the right of the Administration to acquire an option for later acquisition of the property or improvements once the approval required by this subsection is obtained.

All of the property described in the contract, dated December 29, 1926, between the Mayor and City Council of Baltimore and the Western Maryland Railway Company (ratified by Ordinance No. 965, approved February 4, 1927, of the Mayor and City Council of Baltimore) and the contract, dated April 27, 1955, between the same parties (ratified by Ordinance No. 1483, approved May 19, 1955, of the Mayor and City Council of Baltimore), which deal with the construction, improvement, addition to, and leasing of the McComas Street Terminal at Port Covington in Baltimore City;

All of the property described in the contract, dated August 4, 1944, between the Mayor and City Council of Baltimore and the National Gypsum Company (ratified by Ordinance No. 133, approved August 29, 1944, of the Mayor and City Council of Baltimore), which deals with the construction of the National Gypsum Company Pier in Baltimore City; and

The Broadway Pier (Recreation Pier) at the foot of Broadway in Baltimore City.

If the Administration and Baltimore City cannot agree on the terms, conditions, and price for any of the property described in § 6-401 of this subtitle, the matter shall be referred to an arbitration board.

The arbitration board shall consist of three members appointed as follows:

If, within 15 days after the appointment of the second arbitrator, a third arbitrator has not been appointed, the Governor shall appoint the third arbitrator.

If the party seeking arbitration appoints its arbitrator and gives written notice of this appointment to the other party, the other party shall appoint its arbitrator within 30 days after the receipt of the notice. If the other party refuses or neglects to appoint its arbitrator within the 30-day period, the arbitrator appointed by the party seeking arbitration may review the entire matter in controversy as if that individual were an arbitrator appointed by both parties for that purpose.

If only one arbitrator is appointed under subsection (a) of this section, the decision of that arbitrator:

If three arbitrators are appointed under subsection (a) of this section, the decision of the majority of them:

Require that each party to the controversy submit a written statement of its contention to the board and send a copy of the statement to the other party;

Make investigations, inspections, and examinations;

Take, receive, and keep a permanent record of testimony and other evidence;

Hold hearings after notice to the parties in interest; and

Adopt rules and regulations for the conduct of the arbitration proceedings.

The duties and functions of Baltimore City or any of its agencies that are imposed by any law on the harbor or Helen Delich Bentley Port of Baltimore or their operation and that the Administration must perform; and

The time when the Administration must perform these duties and functions.

The transfer to the Administration of the McComas Street Terminal or the National Gypsum Company Pier does not affect in any way:

Effective on the day of the transfer of the McComas Street Terminal or the National Gypsum Company Pier, the Western Maryland Railway Company or the National Gypsum Company, as the case may be, shall pay to the Administration the rent reserved under the contracts relating to the transferred facility, in the same manner as required by the contracts. This rent is considered as income to the Administration.

To avoid duplication of effort by the Administration and Baltimore City, to the extent that they have coextensive authority in matters relating to harbors, docks, wharves, and port development; and

To assure the uninterrupted continuation of needed services.

If, by agreement made under § 6-407 of this subtitle, Baltimore City transfers to the Administration any duty, only the Administration may perform that duty.

Any ordinance or regulation that was adopted before June 1, 1959, by the Mayor and City Council of Baltimore and that relates to any authority transferred to the Administration by agreement made under § 6-407 of this subtitle:

Only the Administration may readopt, amend, or repeal these ordinances or regulations.

The transfer of an officer or employee may not result in any decrease of the salary or status of the officer or employee.

To the extent reasonably possible, each transfer shall be to a position of comparable rank and responsibility.

Any certificates of indebtedness issued by the Mayor and City Council of Baltimore before June 1, 1956, under:

Anything done or any contract, lease, agreement, or other legal instrument made before June 1, 1956, by the Mayor and City Council of Baltimore, the Commissioners of Finance of Baltimore City, the Board of Estimates of Baltimore City, the Port Development Commission of Baltimore City, or the Port of Baltimore Commission under or in connection with any of the laws listed in item (1) of this subsection or any other law; or

Any of the powers or duties of the Mayor and City Council of Baltimore, the Commissioners of Finance of Baltimore City, the Board of Estimates of Baltimore City, or the Port of Baltimore Commission under or in connection with any of the laws listed in item (1) of this subsection or any other law.

For fiscal year 1998, $410,000 in aggregate amount;

For fiscal year 1999, $418,200 in aggregate amount; and

For fiscal year 2000 and each subsequent fiscal year, the product of multiplying the applicable Baltimore City real property tax rate times the assessment of the land as determined under Title 8 of the Tax - Property Article, not including the assessment of any improvements, for each of the properties.