Title 7. Mass Transit — Subtitle 2. Maryland Transit Administration

In this section the following words have the meanings indicated.

“Baltimore Core Transit Service” means:

“Board” means the Board of Directors for Baltimore Core Transit Service.

The Board consists of the following voting members:

The Governor shall designate the chair of the Board, who shall serve as chair at the pleasure of the Governor.

The term of a Board member is 3 years.

The terms of the members are staggered as required by the terms provided for members of the Board on January 1, 2027.

At the end of a term, a member continues to serve until a successor is appointed and qualifies.

A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

The Department and the Administration shall provide staff for the Board, including a Deputy Administrator who shall serve as the executive director and report directly to the Administrator.

The Administration shall provide office space for the Board.

May not receive compensation as a member of the Board; but

Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

Approve major service plans, policies, and initiatives for Baltimore Core Transit Service, as determined by the Board and the Administration on a reasonable basis;

Provide advice on major project initiatives, as determined by the Board and the Administration on a reasonable basis;

Advise the Administrator on, and consent to, the appointment of the Deputy Administrator by the Administrator and consult with the Administrator on any removal of the Deputy Administrator by the Administrator;

Have approval authority, supported by at least two–thirds of the members of the Board, over any decision by the Department or the Administration to withdraw a New Starts Capital Investment Grant or another federal grant under a substantially similar program for any Baltimore Core Transit Service area project once that project has been accepted into the Engineering Phase by the Federal Transit Administration;

Include in the quarterly agenda each of the following topics at least once each year:

Provide input and engage in advocacy for Baltimore Core Transit Service;

Review service change reports and approve major service change proposals;

Review and approve any update to the Central Maryland Regional Transit Plan;

Review and approve the Capital Needs Inventory Report;

Review local transit plans and services in the Baltimore region to ensure coordination between the local transit services and Baltimore Core Transit Service;

Organize and establish policies and procedures for the operations of the Board, including conflict of interest standards, consistent with Title 5 of the General Provisions Article and § 7–211 of this subtitle, that prohibit a Board member from having any inappropriate professional, financial, or nonfinancial interest in a matter over which the Board has jurisdiction;

Not later than 6 months after the Board first meets, adopt bylaws to govern the operations of the Board;

The Board shall meet at a time and place designated by the chair.

The Board shall meet as often as its duties require, but not less than quarterly.

In this section the following words have the meanings indicated.

“Board” means the Commuter Services Advisory Board.

“Commuter service” means the Administration’s:

The Board consists of the following voting members, appointed by the Governor:

The Governor shall designate the chair of the Board, who shall serve as chair at the pleasure of the Governor.

The term of a Board member is 3 years.

The terms of the members are staggered as required by the terms provided for members of the Board on January 1, 2027.

At the end of a term, a member continues to serve until a successor is appointed and qualifies.

A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

The Department and the Administration shall provide staff for the Board, including a Deputy Administrator who shall serve as the executive director and report directly to the Administrator.

The Administration shall provide office space for the Board.

May not receive compensation as a member of the Board; but

Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

Provide advice and guidance on MARC and commuter bus plans and policies;

Review and comment on major MARC and commuter bus service plans and updates;

Provide advice and guidance on the hiring and removal of the Deputy Administrator;

The Board shall meet at a time and place designated by the chair.

The Board shall meet as often as the duties require, but not less than quarterly.

The Administrator serves at the pleasure of the Secretary and shall report directly to him.

Subject to the authority of the Secretary, the Administrator is responsible for carrying out:

Construct, acquire, own, operate, maintain, and control any interest in any property, whether by contract, purchase, condemnation, lease as lessor or lessee, license, gift, mortgage, or otherwise; and

If the property is no longer required for the purposes of the Administration, sell, convey, or otherwise dispose of it.

For each of fiscal years 2020 through 2022, the Governor shall include in the State budget an appropriation for the capital needs of the Administration of at least $29,100,000 from the revenues available for the State capital program in the Transportation Trust Fund.

Subject to paragraph (3) of this subsection, the Governor shall include in the State budget an appropriation for the state of good repair needs of the Administration in the following amounts from the revenues available for the State capital program in the Transportation Trust Fund:

Without regard to the laws of this State relating to other State employees, and subject to § 2–103.4 of this article, the Administration may:

The Administration may determine the compensation of:

Subject to § 2–103.4 of this article, the Administration may establish a personnel system based on merit and fitness.

The Administration may:

Notwithstanding any other provision of law, the Maryland Transportation Commission shall determine the qualifications and appointments, as well as compensation and leave, for up to 12 management personnel positions required by the Administration to operate and administer all State–owned transit facilities.

Except for general salary increases approved by the General Assembly, the Maryland Transportation Commission shall submit to the Secretary of Budget and Management at least 10 days before the effective date of any management personnel position salary increase notice of the proposed adjustment.

The Secretary of Budget and Management shall:

Failure of the Secretary of Budget and Management to advise the Maryland Transportation Commission in a timely manner shall be deemed a determination that the proposed adjustment poses no adverse impact.

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.

A Maryland Transit Administration police officer has all the powers granted to a peace officer and a police officer of this State. These powers may be exercised only on property owned, leased, or operated upon, by, or under the control of the Administration and not on any other property unless:

Members of the police force have concurrent jurisdiction in the performance of their duties with the law enforcement agencies of the State and of the political subdivisions in which any transit facility or railroad facility of the Administration is located or in which the Administration operates any transit service or railroad service. Nothing contained in this section relieves the State or a political subdivision or agency thereof from a duty to provide police, fire and other public safety service and protection or affects the jurisdiction of other police, fire, and public safety agencies.

In consultation with the Maryland Police Training and Standards Commission, the Administrator, with the approval of the Secretary, shall adopt standards, qualifications, and prerequisites of character, training, education, human and public relations, and experience for Maryland Transit Administration police officers, including standards for the performance of their duties.

The Administrator shall adopt standards similar to the standards adopted for the Department of State Police.

Consistent with the provisions of Division II of the State Finance and Procurement Article, for planning, developing, constructing, acquiring, financing, and operating the transit facilities authorized by this title; and

Over the services performed by and the rentals, rates, fees, fares, and other charges imposed for the services performed by transit facilities owned or controlled by the Administration.

Separate farebox recovery ratios for the prior fiscal year for:

Comparisons of farebox recovery ratios for the Administration’s mass transit services and other similar transit systems nationwide.

Subject to § 7–506 of this title and paragraph (2) of this subsection, the Administration shall set the fare prices and collect other operating revenues.

The Administration may not reduce the level of services provided by the Administration for the purpose of achieving a specific farebox recovery requirement.

For fiscal year 2009 and each fiscal year thereafter, the Administration shall implement performance indicators to track service efficiency for the Administration’s mass transit services, including:

The Administration shall submit, in accordance with § 2–1257 of the State Government Article, an annual performance report to the Senate Budget and Taxation Committee, House Ways and Means Committee, and House Appropriations Committee by December 1 of each year on:

The Administration shall provide for an independent management audit of the operational costs and revenues of the Administration’s mass transit services every 4 years.

The audit shall provide data on fares, cost containment measures, comparisons with other similar mass transit systems, and other information necessary in evaluating the operations of the Administration’s mass transit system.

The findings from the audit shall be used as a benchmark for the annual performance reports.

Administer oaths;

Certify to all official acts; and

Issue subpoenas and orders for the attendance and testimony of witnesses and the production of papers, books, and documents.

If a person fails to comply with any subpoena or order issued under this section, the Administrator or his designee may invoke the aid of a court of competent jurisdiction.

The court may order that person to obey the subpoena or order or to give evidence about the matter in question.

Be financially interested, either directly or indirectly, in any contract, sale, purchase, lease, or transfer of property to which the Administration is a party;

In connection with services performed in the scope of his official duties or employment, solicit or accept money or any other thing of value in addition to the compensation or expenses paid him by the Administration; or

Offer money or anything of value for or in consideration of obtaining an appointment, promotion, or privilege in his official capacity or employment with the Administration.