In this title the following words have the meanings indicated. “Administration” means the Maryland Port Administration. “Commission” means the Maryland Port Commission. “Executive Director” means the Executive Director of the Maryland Port Administration. “Port facility” includes any one or more or combination of: 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. “Project” means any port facility acquired, constructed, controlled, or operated by the Administration, including all property acquired for the construction or operation of the port facility.

The General Assembly of Maryland makes the following declarations of its intent in the enactment of this title. The ports and harbors of this State are assets of value to the entire State. The residents of all parts of this State benefit directly from the waterborne commerce that they attract and service. Any improvement to these ports and harbors that increases their export and import commerce will benefit the people of the entire 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: Developing existing facilities to provide quicker, cheaper, and better handling of cargoes; and Effectively advertising and promoting the facilities and the use of the several port areas. 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. The development of ports able to attract increasing amounts of waterborne commerce will require the construction of additional modern facilities and installations. A public port authority, using public funds, will be able to construct and, if necessary, operate these facilities and installations if the immediate financial returns are not sufficient to attract private capital. In order to meet increased competition from other states’ ports that are operated with public funds either directly as state agencies or indirectly as private operating companies, the Administration should have the authority, subject to approval of the Commission, to operate public port facilities either directly or indirectly in the form and manner that the Commission deems necessary.

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: A controlled dangerous substance as defined in § 5–101 of the Criminal Law Article; and A prescription drug as defined in § 21–201 of the Health – General Article, to the extent that the drug affects job performance and worker safety at a marine facility. “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. “Safety–sensitive employee” means an employee who operates heavy machinery. “Safety–sensitive employee” includes, but is not limited to: An operator of a crane, winch, or top loader; and A driver of a hustler or forklift. This section does not apply to: 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. Persons that lease space at a marine facility from the Maryland Port Administration shall implement a program that: 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 Program shall generally comply with the guidelines for a drug-free workplace program established by the Maryland Center for Workplace Safety and Health. A member of a labor organization or other group of employees at a marine facility that is subject under a labor agreement or contract to an alcohol and drug program that generally conforms to the provisions of this section shall be deemed to be in compliance with the requirements, testing procedures, and other provisions of this section.

Except as otherwise provided in this title, the Administration has jurisdiction and may exercise its powers and duties in or near any of the navigable waters of this State or at inland properties or facilities acquired, leased, or operated by the Administration for the transport or storage of cargo and equipment. The Administration does not have any jurisdiction in Queen Anne’s County. 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: By publication once a week for 2 successive weeks before the hearing in a newspaper published in those counties that may be directly affected by granting the requested consent; or In any other manner that the county government requires.