There is a Maryland Transit Administration in the Department.

In this section the following words have the meanings indicated. “Baltimore Core Transit Service” means: The Administration’s Baltimore–area local bus; The Administration’s Baltimore–area light rail; The Administration’s Baltimore–area metro subway; and The Administration’s Baltimore–area paratransit. “Board” means the Board of Directors for Baltimore Core Transit Service. There is a Board of Directors for Baltimore Core Transit Service in the Administration. The Board consists of the following voting members: Five members who live in the Baltimore Core Transit Service area, appointed by the Governor with the advice and consent of the Senate, including: At least one member who uses transit in the Baltimore Core Transit Service area; At least one member who represents riders with accessibility challenges; At least one member representing an anchor institution that also provides transportation services in the Baltimore Core Transit Service area; and One member who is an employee of the Administration and is a member of the labor union representing the plurality of frontline workers that has a collective bargaining agreement with the Administration; Two members appointed by the Mayor of Baltimore City; One member appointed by the Baltimore County Executive; and One member appointed by the Anne Arundel County Executive. The Secretary and the Administrator shall serve as nonvoting ex officio Board members. The Governor shall appoint a student who regularly uses Administration services to commute to and from school as a nonvoting Board member. 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. A member of 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. The Board shall: 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; Review and approve the Administration’s operating and capital budget requests for Baltimore Core Transit Service; and Establish, in consultation with the Department and the Administration, a timeline for review and approval under this paragraph: That is consistent with the Department’s budget process; and Under which the operating and capital budget requests shall be considered approved by operation of law if the Board does not take action within the timeline; 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; Meet at least quarterly; and Accept public comments during the meetings and, at all times, electronically; Include in the quarterly agenda each of the following topics at least once each year: The Capital Needs Inventory Report; The Consolidated Transportation Program priorities and initial budget requests under § 2–103.1 of this article; and Any update on the Central Maryland Regional Transit Plan under § 7–301.1 of this title; Provide input and engage in advocacy for Baltimore Core Transit Service; Request and review information from the Annual Attainment Report and the Administration concerning the attainment of the Administration’s goals, including performance goals and metrics; Evaluate any other measures of the performance of Baltimore Core Transit Service; and Issue written recommendations concerning how the results of the Board’s review and evaluation should influence the Administration’s priorities in future years; 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; Keep minutes of Board meetings and maintain proper records of all Board activity; and Post all minutes, records, notices, comments, or other information issued by the Board or received from the public on a public website established and maintained by the Board; and Submit an annual report to the Senate Budget and Taxation Committee, the House Appropriations Committee, and the House Ways and Means Committee, in accordance with § 2–1257 of the State Government Article, on system performance, trends, major projects, and other activities; and Make the report available to the general public and ensure that the report is readily available on the website of the Administration. 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: Maryland Area Regional Commuter (MARC) train service; and Commuter bus service. There is a Commuter Services Advisory Board in the Administration. The Board consists of the following voting members, appointed by the Governor: The Secretary, or the Secretary’s designee; Six members who reside in areas served by MARC or Administration commuter buses; One member who represents riders with accessibility challenges; and One member who is an employee of an Administration commuter service contractor and is a member of a labor union that has a collective bargaining agreement with the commuter service contractor. 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. A member of 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. The Board shall: 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; Review and comment on the Administration’s operating and capital budget requests for MARC and commuter bus service; and Establish, in consultation with the Department and the Administration, a timeline for review and comment under this paragraph that is consistent with the Department’s budget process; and Submit an annual report to the Senate Budget and Taxation Committee, the House Appropriations Committee, and the House Ways and Means Committee, in accordance with § 2–1257 of the State Government Article, on system performance, trends, major projects, and other activities; and Make the report available to the general public and ensure that the report is readily available on the website of the Administration. 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 head of the Administration is the Maryland Transit Administrator, who shall be appointed by the Secretary with the approval of the Governor. 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: The powers and duties vested by law in the Administration; and Those powers and duties vested in the Secretary and delegated to the Administrator by the Secretary. The Administrator is entitled to the salary provided in the State budget.

The exercise of the powers and duties of the Administration is subject to the authority of the Secretary and, where applicable, the Maryland Transportation Authority. By regulation or directive, the Secretary or, where applicable, the Maryland Transportation Authority may require that the exercise of any power or duty of the Administration be subject to the prior approval of the Secretary or the Maryland Transportation Authority, as the case may be.

In accordance with 49 U.S.C. § 5329, the Office of the Secretary shall serve as the State Safety Oversight Authority for the Maryland Transit Administration’s light rail transit system and Metro subway. The Maryland Transit Administration’s light rail transit system and Metro subway shall be subject to the Office of the Secretary’s rules, actions, and orders. The Office of the Secretary may adopt regulations to carry out this section.

In addition to the specific powers granted under this title, the Administration has the powers granted by this section. The Administration may sue and be sued in its own name. The Administration may adopt rules and regulations to carry out the provisions of this title. If necessary or useful in rendering transit service or railroad service or incidental activities, the Administration may: 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. The Administration may apply for and receive grants, gifts, payments, loans, advances, and other funds, appropriations, properties, and services from the federal government, this State, any of their agencies or political subdivisions, or any other public or private person and may enter into agreements for them and for any studies, plans, demonstrations, or projects. The Administration may contract with this State or any of its agencies or political subdivisions for providing transit facilities and transit services, including service in any county contiguous to the District, and for any other purposes incidental to the establishment, financing, and operation of the regional transportation system. The Administration may enter into and manage contracts with railroad companies to provide passenger and freight railroad services. The Administration may contract with any public utility, railroad company, transportation company, or private carrier for the joint use of property or rights. The Administration may contract for planning, engineering, and technical services and may contract for or employ consultants, engineers, attorneys, and other professional, planning, engineering, and technical services. 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 shall develop and coordinate policies and plans for the preservation, improvement, or provision of railroad facilities and railroad services. The Administration shall conduct project planning and preliminary engineering related to railroad facilities. The Administration shall supervise construction of State-owned or financed railroad facilities and related capital improvements performed under contract with the Administration. The Administration shall supervise the maintenance and rehabilitation of State-owned or financed railroad facilities and equipment. The Administration shall advise the Secretary on matters concerning compliance with § 8-639 of this article. The Administration shall monitor railroad passenger and freight services to assure maximum benefits to Maryland communities and business. Subject to the limitations imposed by this title, the Administration may exercise all powers reasonably necessary to the declared objects and purposes of this title.

In this section, “state of good repair needs” includes the capital needs identified by the Administration in the assessment required under § 7–309 of this article. For fiscal year 2020, the Governor shall include in the State budget an appropriation from the Transportation Trust Fund for the operation of the Administration that is equal to the appropriation for the operation of the Administration in the fiscal year 2019 State budget as introduced, increased by at least 4.4%. For fiscal year 2021, the Governor shall include in the State budget an appropriation from the Transportation Trust Fund for the operation of the Administration that is equal to the appropriation for the operation of the Administration in the State budget for the immediately preceding fiscal year, increased by at least 4.4%. For each of fiscal years 2023 through 2029, the Governor shall include in the State budget an appropriation from the Transportation Trust Fund for the operation of the Administration that may not be less than the fiscal year 2022 appropriation for the operation of the Administration. For fiscal year 2022, the Governor shall include in the State budget an appropriation from the Transportation Trust Fund for the operation of the Administration that may not be less than the fiscal year 2021 appropriation for the operation of the Administration. 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: For fiscal year 2023, at least $402,037,183; For fiscal year 2024, at least $502,081,501; For fiscal year 2025, at least $450,000,000; For fiscal year 2026, at least $450,000,000; For fiscal year 2027, at least $450,000,000; For fiscal year 2028, at least $450,000,000; and For fiscal year 2029, at least $318,558,000. Subject to subparagraph (ii) of this paragraph, an appropriation required under paragraph (2) of this subsection may be reduced if the total appropriation for state of good repair needs in a prior fiscal year exceeded the amount specified under paragraph (2) of this subsection for that fiscal year. A reduction authorized under subparagraph (i) of this paragraph: May be applied only to one fiscal year; and May not exceed the difference between the total appropriation for state of good repair needs for the prior fiscal year and the amount specified under paragraph (2) of this subsection for that fiscal year. The appropriation required under paragraph (1) of this subsection may not supplant any other capital funding otherwise available for the Administration. The appropriations required under paragraph (2) of this subsection shall be in addition to any funds appropriated for the capital planning, engineering, right–of–way acquisition, or construction of the Purple Line in Montgomery County and Prince George’s County. This Act may not be construed to limit the authority of the Administrator to use available funds appropriated to the Administration to increase the State investment in locally operated transit agencies.

The Governor shall include in the State budget an appropriation from the Transportation Trust Fund to the Bus Rapid Transit Fund established under § 2–802.1 of this article for bus rapid transit system grants in accordance with § 2–802 of this article in the following amounts: For fiscal year 2026, $10,000,000; and For fiscal year 2027 and each fiscal year thereafter, $12,000,000.

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: Create and abolish any position other than one specifically provided for in this title; and Determine the qualification, appointment, removal, term, and tenure of its employees. The Administration may determine the compensation of: Employees if the compensation is determined pursuant to Subtitle 6 of this title; Executive management positions, as recommended by the Secretary and approved by the Governor, subject to approval in the budget; and Management positions, subject to approval by the Secretary and the Governor and the availability of funds in the budget. Subject to § 2–103.4 of this article, the Administration may establish a personnel system based on merit and fitness. The Administration may: Subject to Division II of the State Personnel and Pensions Article, participate in the Employees’ Retirement System and the Employees’ Pension System of the State of Maryland on terms and conditions mutually acceptable to the Administration and the Board of Trustees for the State Retirement and Pension System; and Establish and maintain an independent system of pensions and retirement benefits for its employees. The Administrator may appoint and remove all employees of the Administration, subject to the rules of procedure and standards that the Secretary adopts. 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. In making determinations and appointments under this subsection, the Maryland Transportation Commission shall consider the comparative status of employees serving in similar positions and discharging similar duties at comparable transit agencies. In selecting comparable transit agencies, the Maryland Transportation Commission shall consider operational and traffic data, market area characteristics, agency competitiveness, and any other factors the Commission considers appropriate. 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: Review the proposed adjustment; and Within 10 days after receipt of the proposed adjustment, advise the Maryland Transportation Commission whether the adjustment poses an adverse impact on special fund expenditures. 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.

The Administration shall establish and maintain a police force to provide protection for its patrons, personnel, and all railroad facilities and transit facilities owned, leased, or operated upon, by, or under the control of the Administration. The police force is charged with the responsibility of enforcing the applicable laws, ordinances and regulations of the State and political subdivisions and the rules and regulations of the Administration. 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: Engaged in fresh pursuit of a suspected offender; Specially requested or permitted to do so in a political subdivision by its chief executive officer or its chief police officer; or Ordered to do so by the Governor. 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. The Administrator with the approval of the Secretary shall adopt rules and regulations governing the operation and conduct of the Maryland Transit Administration police force. The Administration may enter into agreements with railroad companies, political subdivisions, and public safety agencies, including those of the federal government, for the delineation of the functions and responsibilities of the Administration’s police force. The Maryland Transit Administration police force may issue citations for violations of the rules and regulations adopted by the Administration under this title.

Subject to the authority of the Secretary and, where applicable, the Maryland Transportation Authority, the Administration has jurisdiction: 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. The Administration shall submit, in accordance with § 2–1257 of the State Government Article, an annual report to the Senate Budget and Taxation Committee, House Ways and Means Committee, and House Appropriations Committee by December 1 of each year that includes: Separate farebox recovery ratios for the prior fiscal year for: Bus, light rail, and Metro subway services provided by the Administration in the Baltimore region; Commuter bus service provided under contract to the Administration in the Baltimore region; and Maryland Area Rail Commuter (MARC) service provided under contract to the Administration; and 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: Operating expenses per revenue vehicle mile; Operating expenses per passenger trip; and Passenger trips per revenue vehicle mile. 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 status of the performance indicators listed in paragraph (1) of this subsection for the prior fiscal year, including a discussion of the failure or success in meeting the goals established for the prior fiscal year by the Administration; The status of managing–for–results goals of the Administration as they pertain to mass transit service in the Baltimore area; Comparisons of performance indicators for the Administration’s mass transit services and other similar systems nationwide; and The Administration’s goals for each of the measures in paragraph (1) of this subsection for the next fiscal year. 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. The determinations of the Secretary, Administration, or Maryland Transportation Authority as to the type of service performed or the rentals, rates, fees, fares, and other charges imposed are not subject to judicial review or to the processes of any court. Notwithstanding any other provision of this title or the Public Utilities Article, the Public Service Commission does not have any jurisdiction over transit facilities owned or controlled by the Administration or over any contractor operating these facilities. Except as provided in this title, the Administration does not have any jurisdiction over transportation in the District by private carriers.

The Administrator shall employ a general counsel who serves at the pleasure of the Administrator. The general counsel is entitled to the compensation determined by the Administrator.

The Administrator or any officer or employee of the Administration designated by him may conduct investigations, inquiries, and hearings as to any matter affecting railroad services and transit services in the District with which the Administration is concerned. The Administrator or his designee may: 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.

An officer or employee of the Administration may not: 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. In the discretion of the Administration, any officer or employee who willfully violates any provision of this section forfeits his office or employment. The Administration may void any contract made in violation of this section. This section does not abrogate or limit the applicability of any other law that is violated by any action prohibited by this section.

Every rule, regulation, form, order, and directive adopted by or relating to the former Metropolitan Transit Authority remains in effect until changed by the Administrator or the Secretary. Every reference in this Code, any other law, ordinance, resolution, rule, regulation, order, directive, legal action, contract, or any other document to the Metropolitan Transit Authority or the Public Transit Administration means the Maryland Transit Administration.