In this title the following words have the meanings indicated. “Administration” means the Maryland Transit Administration. “Administrator” means the Maryland Transit Administrator. “Disparate impact” means a facially neutral policy or practice that disproportionately affects members of a group identified by race, color, disability, or national origin, where the recipient’s policy or practice lacks a substantial legitimate justification and where there exist one or more alternatives that would serve the same legitimate objectives but with less disproportionate effect on the basis of race, color, disability, or national origin. “Disproportionate burden” means a facially neutral policy or practice that disproportionately affects low–income populations more than non–low–income populations and, on a finding of disproportionate burden, requires the recipient to evaluate alternatives and mitigate burdens where practicable. “District” means: The Metropolitan Transit District, consisting of Baltimore City, Baltimore County, Anne Arundel County, and other areas as designated by the Secretary after consultation and coordination with the affected jurisdiction and subject to the provisions of the Washington Metropolitan Transit Authority Compact; and Any area in which railroad service is performed under contract with the Administration or in which railroad facilities are owned by the Administration. “Excursion train” means any special event train sponsored or contracted for in connection with the promotion of a public event benefiting the State and its citizens. “Light rail transit” means rail transit which is electrically powered and can operate in mixed traffic with automobiles. “Private carrier” means any person that renders transit service within the District under an operating permit or license issued by an agency of this State exercising regulatory jurisdiction over transportation of passengers within this State and over persons engaged in that business. “Proof of fare payment” means evidence of fare prepayment authorized by the Administration for the use of transit service. “Railroad company” means any entity engaged in the providing of railroad service under this title. “Railroad facility” means any facility used in providing railroad services, and includes any one or more or combination of: Switches, spurs, tracks, structures, terminals, yards, real property, and other facilities useful or designed for use in connection with the transportation of persons or goods by rail; and All other appurtenances, including locomotives, cars, vehicles, and other instrumentalities of shipment or carriage, useful or designed for use in connection with the transportation of persons or goods by rail. “Railroad facility” does not include any transit facility. “Railroad service” means any service utilizing rail or railroad facilities performed by any common carrier operating under the jurisdiction of the State or federal government as a common carrier and includes any such service performed by the National Railroad Passenger Corporation. “Transit corridor” means a geographically bound set of two or more contiguous subway, light rail, bus rapid transit, or bus transit stations. “Transit corridor” includes a geographically bound set of two or more contiguous bus transit stations that have fixed–route bus service that operates on a roadway dedicated to buses. “Transit facility” includes any one or more or combination of tracks, rights–of–way, bridges, tunnels, subways, rolling stock, stations, terminals, ports, parking areas, equipment, fixtures, buildings, structures, other real or personal property, and services incidental to or useful or designed for use in connection with the rendering of transit service by any means, including rail, bus, motor vehicle, or other mode of transportation, but does not include any railroad facility. “Transit–oriented development” means a mix of private or public parking facilities, commercial and residential structures, and uses, improvements, and facilities customarily appurtenant to such facilities and uses, that: Is part of a deliberate development plan or strategy involving: Property that is adjacent to the passenger boarding and alighting location of a planned or existing transit station; Property, any part of which is located within one–half mile of the passenger boarding and alighting location of a planned or existing transit station; or Property that is adjacent to a planned or existing transit corridor; Is planned to maximize the use of transit, walking, and bicycling by residents and employees; and Is designated as a transit–oriented development by: The Sustainable Growth Subcabinet established under § 9–1406 of the State Government Article; and The local government or multicounty agency with land use and planning responsibility for the relevant area applying for designation. “Transit service” means the transportation of persons and their packages and baggage and of newspapers, express, and mail in regular route, special, or charter service by means of transit facilities between points within the District. “Transit service” does not include any: Vanpool operation; or Railroad service. “Transit station” means any facility, the primary function of which relates to the boarding and alighting of passengers from transit vehicles. “Transit station” includes platforms, shelters, passenger waiting facilities, parking areas, access roadways, and other real property used to facilitate passenger access to transit service or railroad service. “Transit vehicle” means a mobile device used in rendering transit service.

The development of improved and expanded railroad facilities, railroad services, transit facilities, and transit services operating as a unified and coordinated regional transportation system, and the realization of transit–oriented development throughout the State, represent transportation purposes that are essential for the satisfactory movement of people and goods, the alleviation of present and future traffic congestion, the economic welfare and vitality, and the development of the metropolitan area of Baltimore and other political subdivisions of the State. In order to realize transit–oriented development as a transportation purpose, it is the intent of the General Assembly that the Department make all reasonable attempts to include transit–oriented development as part of the preferred plan for development in areas served by transit services by providing preference to proposals that further this purpose when: Distributing funds from: State programs offering grants and loans for development and infrastructure investment, including the Complete Streets Program established under Title 8, Subtitle 9 of this article; Eligible federal funding; and The proceeds of general obligation bond and grant anticipation revenue vehicle issuances; and Awarding State tax credits. Except as provided in subsubparagraph 3 of this subparagraph, an area designated as transit–oriented development after July 1, 2023, shall retain that designation for a period of 10 years. Before the end of a 10–year designation period under this subparagraph, a local government or multicounty agency may apply to the Sustainable Growth Subcabinet to have the designation extended for an additional 10 years. An area designated as a transit–oriented development that is subject to a ground lease or other agreement with the State shall retain that designation for the duration of the ground lease or other agreement. The establishment of the realization of transit–oriented development as a transportation purpose under paragraph (1) of this subsection may not be construed to: Limit the authority of local governments to govern land use as established under any other law; or Grant the State or a department of the State additional authority to supersede local land use and planning authority. It is the policy of this title to create a regional transportation system in the District that will provide compatibility with other contiguous or neighboring systems. The desired regional transportation system cannot be achieved by the unilateral action of any one political subdivision, but requires action by this State through a State agency that is politically responsive to local needs and will assure that the development of the regional transportation system fosters general development plans for this State, the region, and the local development plans of the participating political subdivisions.

In this subsection, “net project costs” means that part of the capital costs that is incurred in constructing and acquiring transit facilities eligible for assistance under the federal Urban Mass Transportation Act of 1964 and that cannot be reasonably financed from revenues. It is the policy of this title that: Consistent with the alleviation of traffic congestion in the District and the attainment of a balanced transportation system using each mode of transportation to its best advantage, all costs incurred to construct, acquire, operate, and maintain transit facilities for the regional transit system shall be covered, as far as practicable, by fares charged for the services performed by the transit facilities owned or controlled by the Administration; For light rail projects, at least 10 percent of the net project costs shall be paid by grants contributed by the federal government; and At least two-thirds of the net project costs for all other transit facilities shall be paid by grants contributed by the federal government. The public interest in efficient and economical transit service requires that the transit facilities operated by private carriers be operated to provide, with the transit facilities owned or controlled by the Administration, a unified and coordinated regional transit system without unnecessary duplicating or competing service. Subject to this standard, it is the policy of this title to utilize private carriers to the fullest extent practicable in providing transit service. Adequate provisions should be made for assuring that, if allocation of State financial resources for the benefit of this regional system is made, it will be accompanied by a parity allocation for the benefit of taxpayers supporting transit facilities in the political subdivisions of the Washington Suburban Transit District. Adequate provisions should be made for the protection of transit labor in the development and operation of transit services. The public interest requires the development of an effective and efficient transit service to meet the special needs of elderly and handicapped persons. When providing transit service to meet the special needs of disabled persons, the Administration shall: Apply to the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services, in accordance with paragraph (3) of this subsection, for State and national criminal history records checks of the Administration’s employees who are or will be employed to provide transit service to disabled persons; Ensure that any entity that contracts with the Administration to provide transit service to disabled persons applies to the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services, in accordance with paragraph (3) of this subsection, for State and national criminal history records checks of the contractor’s employees who provide transit service to disabled persons; and Ensure that all employees of the Administration or a contractor of the Administration who are or will be employed to provide transit service to disabled persons successfully complete a course, jointly developed by the State Department of Education and the Department of Disabilities and approved by the Administration, on matters relating to appropriate accommodation, including customer service, sensitivity, and respectful and courteous treatment of all passengers, including disabled persons. In this paragraph, “Central Repository” has the meaning stated in § 10–201 of the Criminal Procedure Article. The Administration or contractor shall apply to the Central Repository for a State and national criminal history records check for each employee subject to this subsection. As part of the application for a criminal history records check, the Administration or contractor shall submit to the Central Repository: Two complete sets of the employee’s legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation; The fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records; and The mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check. In accordance with Title 10, Subtitle 2 of the Criminal Procedure Article, the Central Repository shall forward to the employee and the Administration or contractor a printed statement of the employee’s criminal history record information. Information obtained from the Central Repository under this subsection shall be: Confidential and may not be disseminated; and Used only for the purpose authorized by this subsection. The subject of a criminal history records check under this subsection may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article.

On or before November 30, 2024, and on or before November 30 each year thereafter, the Secretary shall submit a report to the General Assembly in accordance with § 2–1257 of the State Government Article on efforts to increase transit–oriented development throughout the State. The report shall include an analysis of the following issues for each transit–oriented development in the State: The demographic and socioeconomic indicators present in the transit–oriented development and the surrounding areas; Development activity occurring in the transit–oriented development during the period that the report covers; and Transit station utilization rates for the transit–oriented development. The Department shall consider the findings of the report required under this section for purposes of updating the scoring standards for applications for financial assistance from the Transit–Oriented Development Capital Grant and Revolving Loan Fund established under Subtitle 12 of this title.