There is a Maryland Port Commission. The Commission shall: 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: An officer or employee of the State; A representative of any entity whose principal activities are ports-related; A person employed by any entity whose principal activities are ports-related; or A member of the General Assembly. 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. The Commission shall meet at a time and place designated by the Chairman of the Commission. The Commission shall meet as often as its duties require, but not less than quarterly. Attendance by 4 voting members shall constitute a quorum. Except as provided under subsection (d)(3) of this section, members of the Commission appointed by the Governor are entitled to the compensation and expenses provided for in the State budget. Members of the Commission are subject to the provisions of § 8-501 of the State Government Article.

All actions of the Commission which, in the judgment of the Chairman, impact upon the Transportation Trust Fund are subject to the approval of the Chairman. The Chairman of the Commission shall: 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. The Chairman of the Commission may: 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: Review the proposed changes; and Within 10 days of receipt of the proposed changes, advise the Commission whether the changes would have an adverse effect on special fund expenditures. 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. Subject to approval of the Administration’s budget by the General Assembly as provided in § 3–216 of this article and subject to State fiscal procedures, including those governing budgeting, accounting, and auditing, the Commission may adopt regulations establishing procedures for the approval and control of Administration expenditures. The Commission shall present regulations proposed under this subsection to the Board of Public Works for approval. 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 report shall also describe the vulnerability assessment information concerning public terminals submitted by the Administration to the United States Coast Guard under the federal Maritime Transportation Security Act of 2002. With respect to any vulnerability concerns reported by the Administration to the United States Coast Guard, the information reported under this paragraph: Shall provide an estimate of the cost of addressing the vulnerability concerns; Shall state the amount of any grants or other federal funds received or requested by the Administration to address the vulnerability concerns and shall include information on the status of any pending requests for federal funds; and May not include the specific details of any vulnerability concerns, the disclosure of which could compromise, in any way, transportation security.

There is a Maryland Port Administration.

The head of the Administration is the Executive Director. 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 powers and duties vested by law in the Administration; and The regulations adopted by the Commission. The Executive Director is entitled to the salary provided in the State budget.

In addition to the specific powers granted under this title, and subject to the supervision of the Commission, the Administration has the powers granted by this section. The Administration may sue and be sued in its own name. The Administration may propose for adoption by the Commission regulations to carry out the provisions of this title. Either directly or by expert consultants, the Administration may make any investigations and surveys, including: 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. The Administration may apply for and receive grants from any federal agency for the planning, construction, operation, or financing of any port facility and may receive aid or contributions of money, property, labor, or other things of value from any source, to be held, used, and applied for the purposes for which the grants, aid, and contributions are made. The Administration may do anything necessary to promote and increase commerce within its territorial jurisdiction, including: 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. To increase the commerce of ports in this State, the Administration may establish and maintain a traffic bureau or other office to investigate and seek improvement in rates, rate structures, practices, and charges affecting these ports. 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. The Administration may acquire, construct, reconstruct, rehabilitate, improve, maintain, lease as lessor or as lessee, repair, and operate either directly or through State created private operating companies port facilities within its territorial jurisdiction, including the dredging of ship channels and turning basins and the filling and grading of land. The Administration may designate the location and character of all port facilities and improvements that the Administration holds, owns, or over which it is authorized to act, and it may regulate all matters related to the location and character of these facilities and improvements. 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: Lands lying under water; Riparian rights in and adjacent to lands; and Property devoted to a public use in or near the navigable waters within the territorial jurisdiction of the Administration. 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. The Administration may fix, revise, charge, and collect rates, fees, rentals, or other charges for the use of any project under its control. The Administration may appear in its own behalf before any board, commission, department, or agency of the federal government, of any state, or of any international conference and before any committee of the Congress of the United States or the General Assembly of Maryland, or any appropriate nongovernmental body, in any matter: 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 may do anything else necessary or convenient to carry out the powers granted in this title. The exercise of the powers under this title is an essential governmental function of the State. 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.

The Administration, or with the approval of the Administration, a private operating company created under § 6-204(q) of this subtitle may: Upon its own terms and conditions determine an appropriate operational unit of employees involved in the operation of port facilities for purposes of collective bargaining; Upon its own terms and conditions accredit and recognize a labor organization as the exclusive representative of a majority of employees employed in the appropriate operational unit as determined under item (1) of this section; and Bargain with and enter into written collective bargaining agreements concerning wages or salaries, hours, benefits, and working conditions with the labor organization accredited and recognized under item (2) of this section.

Under the authority granted by § 6-204(i) of this subtitle, the Maryland Port Administration may operate and maintain the port facility presently under its jurisdiction at Cambridge, Maryland. The operation and maintenance may include the leasing of the facility. The Maryland Port Administration may expend the necessary funds for the development of the port facility at Cambridge. The Administration may sell, transfer, or otherwise dispose of the facility in accordance with § 10-305 of the State Finance and Procurement Article.

Subject to Subtitle 4 of this title, the Administration may: 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: Prohibit, provide for, and regulate within its territorial jurisdiction the shipment, storage, handling, and transportation of explosives and other materials that it determines to be dangerous; Provide for the stationing, anchoring, and moving of vessels or other watercraft; and Adopt rules and regulations to prevent any refuse or other matter from being thrown into, deposited in, or placed where it may fall or be washed into any navigable waters; 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: Erect, maintain, and authorize the erection and maintenance of wharves, bulkheads, piers, and pilings; and Adopt regulations governing their erection, maintenance, and repair, including regulations concerning the erection, maintenance, or repair of any wharf, dock, pier, bulkhead, or piling that is associated with the construction of a dwelling unit or other nonwater dependent structure on a pier; and As to wharves, docks, piers, bulkheads, or pilings, it owns or controls: Regulate their use; Lease or rent them; Impose and collect dockage from vessels and watercraft lying at or using them; and Collect wharfage and other charges on goods, wares, merchandise, or other articles landed at, shipped from, stored on, or passed over them. Except for docks or wharves owned, controlled, or operated by the Administration, this title does not: 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. The powers in this section may not be exercised in any county unless the county approves the operations of the Administration in the county. 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: Continues to be in effect, except as otherwise provided in this subsection; Has the status of a regulation adopted by the Administration; and Like other regulations of the Administration, may be readopted, amended, or repealed by the Administration. Only the Administration may readopt, amend, or repeal these ordinances or regulations.

The Administration may establish and maintain facilities in the Baltimore harbor area to dispose of waste matter, other than oil, collected from commercial vessels under the applicable provisions of Title 8 of the Natural Resources Article. The Administration shall make a reasonable charge for the use and service of this facility.

Except as otherwise provided in this title, the Administration may make any contract necessary for or incidental to the performance of its duties and the exercise of its powers under this title.

The Administration may permit gaming aboard a passenger cruise vessel if: 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: The applicant’s corporate name, address, and place of incorporation; The name of the applicant’s liability insurer; The gaming rules to be in effect while the vessel is in the waters of the State; and A schedule of all cruise operations for which authorization is requested, including arrival and departure dates and the identification of the vessel for each cruise. 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: Is underway; Is east of the Francis Scott Key Bridge; and Is operating under an itinerary that either originates or terminates in a foreign port outside the continental United States. 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. Any legal disputes arising from an authorization issued under this section shall be adjudicated under the applicable State or international maritime law. A violation of any provision of this section or of any other applicable gaming law of the State: 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. The Administration may adopt regulations as necessary to carry out the provisions of this section.

The Commission may adopt and enforce regulations for the parking and operation of motor vehicles in and on its port facilities. The regulations shall: 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. The Maryland Transportation Authority Police Force may issue citations for violations of the motor vehicle regulations adopted under this section. 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.

An agent or employee of the Administration or member of the Commission may not: 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. An agent, employee, member, or officer of a local port authority or local port commission may not: 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 person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.

Except as provided in § 3-102 of this article: Every resolution, rule, regulation, form, order, and directive adopted by or relating to the former Maryland Port Authority remains in effect until changed by the Administrator or the Secretary; and Every reference in this Code, any other law, ordinance, resolution, rule, regulation, order, directive, legal action, contract, or any other document to the Maryland Port Authority means the Maryland Port Administration.