MD Transp Code § 2-103 (2013) What's This?

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2013 Maryland Code
TRANSPORTATION
§ 2-103 - General authority and duties of Secretary

MD Transp Code § 2-103 (2013) What's This?

§2-103.

(a) (1) The Secretary is responsible for the budget of the Office of the Secretary and for the budget of each unit in the Department.

(2) The budget request that the Secretary submits for the Department shall contain, for each modal administration, separate items for:

(i) Capital expenditures; and

(ii) Operating expenditures.

(3) Whenever the proposed budget of the Governor includes for the Department total capital and operating expenditures that exceed the expenditures proposed in the Consolidated Transportation Program, the Department shall submit to the General Assembly, subject to § 2-1246 of the State Government Article, a reconciliation report that specifically sets forth the proposed projects for which the additional expenditures are requested.

(b) Except with respect to the Maryland Transportation Authority, the Maryland Port Commission and the Maryland Port Administration, the Secretary:

(1) May adopt rules and regulations for the Department and any of its units to carry out those provisions of this article that are subject to the jurisdiction of the Department; and

(2) Shall review and may approve, disapprove, or revise the rules and regulations of each unit in the Department.

(d) The Office of the Secretary shall have a seal to authenticate copies of records or papers of the Department.

(e) (1) The Secretary is responsible for all planning activities of the Department and for the development and maintenance of a continuing, comprehensive, and integrated transportation planning process.

(2) In accordance with § 2-103.1 of this subtitle, the Secretary shall develop and, with the approval of the Governor, shall adopt a State Report on Transportation to guide program development and to foster efficient and economical transportation services throughout the State.

(3) On or before the 3rd Wednesday of January of each year, the Secretary shall submit the State Report on Transportation to the General Assembly, subject to § 2-1246 of the State Government Article.

(f) (1) Except as provided in paragraph (2) of this subsection, the Secretary may transfer, assign, and reassign any staff, power, or duty from any unit in the Department to his office or to another unit in the Department. If a transfer, assignment, or reassignment occurs, the appropriation for the respective staff, power, or duty also shall be transferred.

(2) This subsection does not apply to:

(i) The powers or duties of the State Roads Commission that are set forth in Article III, § 40B of the Maryland Constitution; or

(ii) The powers or duties that are vested by law in:

1. The Board of Airport Zoning Appeals;

2. The Transportation Professional Services Selection Board;

3. The Maryland Transportation Authority; or

4. The Maryland Port Commission and Maryland Port Administration.

(g) (1) Except as provided in paragraph (2) of this subsection, the Secretary may exercise or perform any power or duty that any unit in the Department may exercise or perform.

(2) This subsection does not apply to:

(i) The powers or duties that are set forth in Article III, § 40B of the Maryland Constitution; or

(ii) The powers or duties that do not require by law the approval or action of the Secretary and are vested by law in:

1. The Board of Airport Zoning Appeals;

2. The Transportation Professional Services Selection Board;

3. The Maryland Transportation Authority; or

4. The Maryland Port Commission and Maryland Port Administration.

(h) Consistent with the State budget, Division II of the State Finance and Procurement Article, and other applicable provisions of law, the Secretary may contract with any person to provide services, supplies, construction, and maintenance for the Department or for any transportation related purposes.

(i) (1) The Secretary may apply for and receive from the federal government or any person any grants-in-aid or gifts for any transportation related purpose.

(2) To the extent permitted by the State budget, the Secretary may make grants-in-aid to:

(i) Any governmental transportation agency in this State, including any county agency, bicounty agency, multijurisdiction agency, or municipal agency; or

(ii) Any other person for any transportation related purpose.

§ 2-103 - 1. Annual report [Effective until October 1, 2013].

(a) Definitions. --

(1) In this section the following words have the meanings indicated.

(2) "Capital project" means:

(i) Any project for which funds are expended for construction, reconstruction, or rehabilitation of a transportation facility by the Department or of a transportation facilities project by the Maryland Transportation Authority; or

(ii) Capital equipment, as defined by the Secretary.

(3) "Construction phase" means the phase of a capital project in which the project is committed and advanced from the project development phase to completion.

(4) "Major capital project" means any new, expanded, or significantly improved facility or service that involves planning, environmental studies, design, right-of-way, construction, or purchase of essential equipment related to the facility or service.

(5) "Minor capital project" means any project for the preservation or rehabilitation of an existing facility or service, including the planning, design, right-of-way, construction, or purchase of equipment essential to the facility or service, and generally not requiring the preparation of an environmental impact assessment.

(6) "Project development phase" means the phase of a capital project in which planning, engineering, and environmental studies and analyses are conducted with full participation by the public, prior to commitment to construction.

(7) (i) "Proposing entity" means a government agency or political subdivision that requests that a transportation project be included in the Consolidated Transportation Program.

(ii) "Proposing entity" includes a county, a municipality, a metropolitan planning organization, or a modal administration or any other agency of the Department.

(8) "Purpose and need summary statement" means a brief statement that specifies the underlying purpose and need for a project.

(9) "Significant change" means any change that affects the size or character of a project to the extent that the change:

(i) Substantially modifies the capacity, level of service, or cost of the project;

(ii) Alters the function or purpose of the project; or

(iii) Impacts the ability of a modal administration to accomplish the program priorities established by the Secretary in the State Report on Transportation.

(10) "State transportation goals" means the goals described in the Maryland Transportation Plan.

(11) "Transportation facility" has the meaning stated in § 3-101(l) of this article.

(12) "Transportation facilities project" has the meaning stated in § 4-101(i) of this article.

(b) Components. -- The State Report on Transportation consists of the Consolidated Transportation Program and the Maryland Transportation Plan.

(1) The Consolidated Transportation Program shall:

(i) Be revised annually; and

(ii) Include:

1. A list of:

A. The current State transportation goals;

B. Program priorities; and

C. For projects in the construction phase, the criteria used to select major capital projects for inclusion in the capital program, as determined by the Department;

2. A statement of the Department's projected annual operating costs, set forth separately for the Office of the Secretary and for each modal administration;

3. Expanded descriptions of major capital projects;

4. A list of major capital projects for the current year, the budget request year, and the 4 successive planning years;

5. A list of anticipated minor capital projects, including a specific list of anticipated special projects for the current year and the budget request year and an estimate of the Program level for each of the 4 successive planning years;

6. A list of major bridge work projects;

7. A summary of the capital and operating programs, as defined by the Secretary, for the Maryland Transportation Authority;

8. For each listed major capital project, an indication whether the revenue source anticipated to support that project consists of federal, special, general, or other funds;

9. The Department's estimates of the levels and sources of revenues to be used to fund the projects in the Program;

10. A glossary of terms; and

11. A cross-reference table for the information contained in the various parts of the State Report on Transportation.

(2) In addition to the items listed in paragraph (1) of this subsection, the Consolidated Transportation Program shall include:

(i) A summary of current efforts and future plans, prepared after consultation with the Director of Bicycle and Pedestrian Access and the Bicycle and Pedestrian Advisory Committee established under § 2-606 of this title:

1. To develop and promote bicycle and pedestrian transportation; and

2. Working together with local jurisdictions, to accommodate in a safe and effective manner pedestrians and bicycles within a reasonable distance for walking and bicycling to rail stops, light rail stops, and subway stations;

(ii) A listing of all bicycle and pedestrian transportation projects expected to use State or federal highway funds; and

(iii) Reflected under the Office of the Secretary, any technology-related project to be funded from the account established under § 2-111 of this subtitle, along with a description and projected cost of each.

(3) Annually, the Consolidated Transportation Program shall include a report that:

(i) Identifies each major capital project for which the budget bill or a supplemental budget amendment first requests funds for the project development phase or for the construction phase;

(ii) With respect to each major capital project for which funds are requested in the budget request year, states:

1. The amount of the funds requested; and

2. The total estimated cost of the project;

(iii) Identifies significant changes in the cost, scope, design, or scheduling of major capital projects for each completed fiscal year;

(iv) When there is a significant change in cost, states the amount by which the expenditures that have been authorized exceed the original project estimate;

(v) When there is a significant change, states:

1. The amount by which costs exceed projected costs during each completed fiscal year; and

2. The total amount that has been expended for a major capital project;

(vi) Provides a purpose and need summary statement that includes:

1. A general description and summary that describes why the project is necessary and satisfies State goals, including current State transportation goals and Climate Action Plan goals required by the Greenhouse Gas Emissions Reduction Act of 2009 under § 2-1205(b) of the Environment Article;

2. The location of the project, including a map of the project limits, project area, or transportation corridor; and

3. A summary of how the project meets the selection criteria for inclusion in the capital program; and

(vii) Includes any other information that the Secretary believes would be useful to the members of the General Assembly, the general public, or other recipients of the Consolidated Transportation Program.

(4) The total operating and capital expenditures for the Department or for the Office of the Secretary or any modal administration projected in the Consolidated Transportation Program for the budget request year may not exceed the budget request for the Department, Office, or modal administration for that year.

(5) For a major capital project to be considered for inclusion in the construction program of the Consolidated Transportation Program, a request must be submitted to the Secretary by the proposing entity along with a purpose and need summary statement justifying the project that includes:

(i) The location of the project, including a map of the project limits, project area, or transportation corridor;

(ii) The need for the project; and

(iii) A discussion of how the project:

1. Addresses State transportation goals; and

2. Supports local government land use plans and goals.

(6) (i) The Department shall evaluate requests for major capital projects based on the State's goals and, as appropriate, criteria as determined by the information submitted by the proposing entity and the availability of funding.

(ii) As part of the evaluation under this paragraph, the Department shall acknowledge the difference between urban and rural transportation needs.

(d) Maryland Transportation Plan. -- The Maryland Transportation Plan shall:

(1) Be revised every 5 years through an inclusive public participation process;

(2) Include a 20-year forecast of State transportation needs, based on the financial resources anticipated to be available to the Department during that 20-year period;

(3) Be expressed in terms of goals and objectives; and

(4) Include a summary of the types of projects and programs that are proposed to accomplish the goals and objectives, using a multi-modal approach when feasible.

(e) Tour. -- On or before November 15 of each year, the Department shall visit each county to give local governments and local legislative delegations information about and an opportunity to comment on the proposed Consolidated Transportation Program and the proposed Maryland Transportation Plan.

(f) Review of proposed plans by Department of Planning. -- At the earliest practical date but no later than November 1 of each year, the Department shall provide the proposed Consolidated Transportation Program and the proposed Maryland Transportation Plan to the Department of Planning for review and comment on planning issues including consistency between transportation investments and the State Economic Growth, Resource Protection, and Planning Policy and State priority funding areas established under Title 5, Subtitle 7B of the State Finance and Procurement Article.

(g) Attainment of goals and benchmarks -- Required. -- Beginning with the year 2002 State Report on Transportation and continuing thereafter, before the General Assembly considers the proposed Maryland Transportation Plan and the proposed Consolidated Transportation Program, the Department shall submit an annual report on the attainment of transportation goals and benchmarks for the approved and proposed Maryland Transportation Plan and the approved and proposed Consolidated Transportation Program to the Governor and, subject to § 2-1246 of the State Government Article, to the General Assembly.

(h) Annual Report -- Contents; measurable indicators. --

(1) The report required under subsection (g) of this section shall include:

(i) The establishment of certain measurable performance indicators or benchmarks, in priority funding areas at a minimum, designed to quantify the goals and objectives specified in the Maryland Transportation Plan; and

(ii) The degree to which the projects and programs contained in the approved Maryland Transportation Plan and Consolidated Transportation Program attain those goals and benchmarks as measured by the performance indicators or benchmarks.

(2) The Department shall include in its report measurable long-term goals, and intermediate benchmarks of progress toward the attainment of the long-term goals, for the following measurable transportation indicators:

(i) An increase in the share of total person trips for each of transit, high occupancy auto, pedestrian, and bicycle modes of travel;

(ii) A decrease in indicators of traffic congestion as determined by the Department; and

(iii) Any other performance goals established by the Department for reducing automobile traffic and increasing the use of nonautomobile traffic.

(3) The performance indicators or benchmarks described in this subsection shall acknowledge the difference between urban and rural transportation needs.

(i) Annual review by Smart Growth Subcabinet. -- The Smart Growth Subcabinet, established under Title 9, Subtitle 14 of the State Government Article, shall conduct an annual review of the transportation goals, benchmarks, and indicators.

(j) Advisory committee. --

(1) An advisory committee shall be assembled to advise the Department on the establishment of the transportation goals, benchmarks, and indicators under subsection (h) of this section.

(2) Membership of the advisory committee shall include but is not limited to the following members appointed by the Governor:

(i) A representative of the Maryland business community;

(ii) A representative of the disabled citizens community;

(iii) A representative of rural interests;

(iv) A representative of an auto users group;

(v) A representative of a transit users group;

(vi) A representative of the goods movement industry;

(vii) A nationally recognized expert on transportation demand management;

(viii) A nationally recognized expert on pedestrian and bicycle transportation;

(ix) A nationally recognized expert on transportation performance measurement;

(x) A representative of an environmental advocacy organization;

(xi) A representative from the Maryland Department of Planning;

(xii) A representative of the Maryland Association of Counties; and

(xiii) A representative of the Maryland Municipal League.

(3) The Governor shall appoint the chairman of the advisory committee.

(4) The advisory committee shall meet at least four times during the process of developing the Maryland Transportation Plan to provide advice to the Department on meeting the requirements of this subsection.

(5) The Department and the advisory committee shall consider the following:

(i) Transportation and population trends and their impact on the State's transportation system and priority funding areas;

(ii) Past and present State funding devoted to the various transportation modes and demand management;

(iii) The full range of unmet transportation needs in priority funding areas;

(iv) The full range of transportation measures and facilities available, and their role, effectiveness, and cost effectiveness in providing travel choices and reducing congestion;

(v) A review of transportation performance indicators and their use in other states;

(vi) A review of the coordination of State transportation investments with local growth plans for priority funding areas;

(vii) The types of investments needed and their levels of funding for supporting the goals and objectives of the Maryland Transportation Plan;

(viii) The impact of transportation investment on:

1. The environment;

2. Environmental justice as defined in § 1-701 of the Environment Article;

3. Communities; and

4. Economic development; and

(ix) The Climate Action Plan goals required by the Greenhouse Gas Emissions Reduction Act of 2009 under § 2-1205(b) of the Environment Article.

(k) Choice of appropriate areas for analysis. -- The Department may:

(1) Conduct its analysis of planned transportation investments in priority funding areas on a statewide basis or in groupings of priority funding areas centered on regions, metropolitan areas, cities, or other groupings suitable for transportation modeling; and

(2) Choose to exclude from its analysis priority funding areas which have an insignificant role in transportation trends because of small size, population, or physical isolation.

(l) Considerations for reports. -- In the report required under subsection (g) of this section, the Department shall:

(1) Use narrative, graphs, charts, tables, and maps as appropriate to make the results easily understood by the public;

(2) Include projected long-term trends for each of the indicators and the effect of planned transportation investments on the trends;

(3) To the extent practicable, account for the effect of planned transportation investments on inducing automobile travel;

(4) To the extent practicable, account for automobile trips not taken due to demand management measures, including teleworking, teleshopping, and land use patterns supporting alternatives to driving; and

(5) Indicate the cost effectiveness of investments for achieving relevant performance goals and benchmarks, including a specific analysis of planned transportation investments detailing:

(i) Any projected decreases or increases in indicators of traffic congestion and accessibility as defined by the Department; and

(ii) The cost per passenger mile and other indicators of cost effectiveness as defined by the Department, including the estimated annual cost of maintenance and operations.

(m) Consolidated Transportation Program annual reports. --

(1) (i) Subject to § 2-1246 of the State Government Article:

1. On or before September 1 of each year, the Department shall submit copies of the proposed Consolidated Transportation Program and the supporting financial forecast to the General Assembly; and

2. On submission of the budget bill to the presiding officers of the General Assembly, the Department shall submit copies of the approved Consolidated Transportation Program and the supporting financial forecast to the General Assembly.

(ii) Notwithstanding § 2-1246(b)(2) of the State Government Article, the Department shall provide to each member of the General Assembly a copy of the proposed Consolidated Transportation Program and the approved Consolidated Transportation Program.

(2) (i) The financial forecast supporting the Consolidated Transportation Program to be submitted to the General Assembly under paragraph (1) of this subsection shall include the following components:

1. A schedule of operating expenses for each specific modal administration;

2. A schedule of revenues, including tax and fee revenues, deductions from revenues for other agencies, Department program and fees, Motor Vehicle Administration cost recovery, deductions for highway user revenues, operating revenues by modal administration, and miscellaneous revenues; and

3. A summary schedule for the Transportation Trust Fund that includes the opening and closing Fund balance, revenues, transfers, bond sales, bond premiums, any other revenues, expenditures for debt service, operating expenses, amounts available for capital expenses, bond interest rates, bond coverage ratios, total bonds outstanding, federal capital aid, and the total amount for the Transportation Capital Program.

(ii) The financial forecast shall include, for each of the components specified in subparagraph (i) of this paragraph:

1. Actual information for the last full fiscal year; and

2. Forecasts of the information for each of the six subsequent fiscal years, including the current fiscal year, the fiscal year for the proposed budget, and the next four subsequent fiscal years.

(iii) The Department shall incorporate in the financial forecast the most recent estimates by the Board of Revenue Estimates of the revenues from:

1. The corporate income tax and the sales and use tax for each of the six subsequent years, including the current fiscal year and the fiscal year for the proposed budget; and

2. Motor fuel taxes and motor vehicle titling taxes for the current fiscal year and the fiscal year for the proposed budget.

§ 2-103 - 1. Annual report [Effective October 1, 2013].

(a) Definitions. --

(1) In this section the following words have the meanings indicated.

(2) "Capital project" means:

(ii) Capital equipment, as defined by the Secretary.

(3) "Construction phase" means the phase of a capital project in which the project is committed and advanced from the project development phase to completion.

(7) (i) "Proposing entity" means a government agency or political subdivision that requests that a transportation project be included in the Consolidated Transportation Program.

(ii) "Proposing entity" includes a county, a municipality, a metropolitan planning organization, or a modal administration or any other agency of the Department.

(8) "Purpose and need summary statement" means a brief statement that specifies the underlying purpose and need for a project.

(9) "Significant change" means any change that affects the size or character of a project to the extent that the change:

(i) Substantially modifies the capacity, level of service, or cost of the project;

(ii) Alters the function or purpose of the project; or

(iii) Impacts the ability of a modal administration to accomplish the program priorities established by the Secretary in the State Report on Transportation.

(10) "State transportation goals" means the goals described in the Maryland Transportation Plan.

(11) "Transportation facility" has the meaning stated in § 3-101(l) of this article.

(12) "Transportation facilities project" has the meaning stated in § 4-101(i) of this article.

(b) Components. -- The State Report on Transportation consists of the Consolidated Transportation Program and the Maryland Transportation Plan.

(1) The Consolidated Transportation Program shall:

(i) Be revised annually; and

(ii) Include:

1. A list of:

A. The current State transportation goals;

B. Program priorities; and

C. For projects in the construction phase, the criteria used to select major capital projects for inclusion in the capital program, as determined by the Department;

2. A statement of the Department's projected annual operating costs, set forth separately for the Office of the Secretary and for each modal administration;

3. Expanded descriptions of major capital projects;

4. A list of major capital projects for the current year, the budget request year, and the 4 successive planning years;

6. A list of major bridge work projects;

7. A summary of the capital and operating programs, as defined by the Secretary, for the Maryland Transportation Authority;

8. For each listed major capital project, an indication whether the revenue source anticipated to support that project consists of federal, special, general, or other funds;

9. The Department's estimates of the levels and sources of revenues to be used to fund the projects in the Program;

10. A glossary of terms; and

11. A cross-reference table for the information contained in the various parts of the State Report on Transportation.

(2) In addition to the items listed in paragraph (1) of this subsection, the Consolidated Transportation Program shall include:

1. To develop and promote bicycle and pedestrian transportation; and

(ii) A listing of all bicycle and pedestrian transportation projects expected to use State or federal highway funds; and

(3) Annually, the Consolidated Transportation Program shall include a report that:

(i) Identifies each major capital project for which the budget bill or a supplemental budget amendment first requests funds for the project development phase or for the construction phase;

(ii) With respect to each major capital project for which funds are requested in the budget request year, states:

1. The amount of the funds requested; and

2. The total estimated cost of the project;

(iii) Identifies significant changes in the cost, scope, design, or scheduling of major capital projects for each completed fiscal year;

(iv) When there is a significant change in cost, states the amount by which the expenditures that have been authorized exceed the original project estimate;

(v) When there is a significant change, states:

1. The amount by which costs exceed projected costs during each completed fiscal year; and

2. The total amount that has been expended for a major capital project;

(vi) Provides a purpose and need summary statement that includes:

2. The location of the project, including a map of the project limits, project area, or transportation corridor; and

3. A summary of how the project meets the selection criteria for inclusion in the capital program; and

(i) The location of the project, including a map of the project limits, project area, or transportation corridor;

(ii) The need for the project; and

(iii) A discussion of how the project:

1. Addresses State transportation goals; and

2. Supports local government land use plans and goals.

(ii) As part of the evaluation under this paragraph, the Department shall acknowledge the difference between urban and rural transportation needs.

(7) (i) The Department, in developing a construction or improvement project involving a bridge or other transportation facility that is adjacent to or crosses a waterway for inclusion in the Consolidated Transportation Program, shall consider any reasonable and appropriate measures to provide or improve in the vicinity of the bridge or other transportation facility water access for fishing, canoeing, kayaking, or any other nonmotorized water dependent recreational activity.

(ii) The Department, in consultation with the Department of Natural Resources and interested stakeholders, shall establish:

1. Standards and guidelines for identifying appropriate bridges and other transportation facilities to be considered for the provision or improvement of water access under this paragraph; and

2. Best practices and cost effective strategies for accommodating water access under this paragraph.

(d) Maryland Transportation Plan. -- The Maryland Transportation Plan shall:

(1) Be revised every 5 years through an inclusive public participation process;

(2) Include a 20-year forecast of State transportation needs, based on the financial resources anticipated to be available to the Department during that 20-year period;

(3) Be expressed in terms of goals and objectives; and

(4) Include a summary of the types of projects and programs that are proposed to accomplish the goals and objectives, using a multi-modal approach when feasible.

(h) Annual Report -- Contents; measurable indicators. --

(1) The report required under subsection (g) of this section shall include:

(i) An increase in the share of total person trips for each of transit, high occupancy auto, pedestrian, and bicycle modes of travel;

(ii) A decrease in indicators of traffic congestion as determined by the Department; and

(iii) Any other performance goals established by the Department for reducing automobile traffic and increasing the use of nonautomobile traffic.

(3) The performance indicators or benchmarks described in this subsection shall acknowledge the difference between urban and rural transportation needs.

(j) Advisory committee. --

(1) An advisory committee shall be assembled to advise the Department on the establishment of the transportation goals, benchmarks, and indicators under subsection (h) of this section.

(2) Membership of the advisory committee shall include but is not limited to the following members appointed by the Governor:

(i) A representative of the Maryland business community;

(ii) A representative of the disabled citizens community;

(iii) A representative of rural interests;

(iv) A representative of an auto users group;

(v) A representative of a transit users group;

(vi) A representative of the goods movement industry;

(vii) A nationally recognized expert on transportation demand management;

(viii) A nationally recognized expert on pedestrian and bicycle transportation;

(ix) A nationally recognized expert on transportation performance measurement;

(x) A representative of an environmental advocacy organization;

(xi) A representative from the Maryland Department of Planning;

(xii) A representative of the Maryland Association of Counties; and

(xiii) A representative of the Maryland Municipal League.

(3) The Governor shall appoint the chairman of the advisory committee.

(5) The Department and the advisory committee shall consider the following:

(i) Transportation and population trends and their impact on the State's transportation system and priority funding areas;

(ii) Past and present State funding devoted to the various transportation modes and demand management;

(iii) The full range of unmet transportation needs in priority funding areas;

(iv) The full range of transportation measures and facilities available, and their role, effectiveness, and cost effectiveness in providing travel choices and reducing congestion;

(v) A review of transportation performance indicators and their use in other states;

(vi) A review of the coordination of State transportation investments with local growth plans for priority funding areas;

(vii) The types of investments needed and their levels of funding for supporting the goals and objectives of the Maryland Transportation Plan;

(viii) The impact of transportation investment on:

1. The environment;

2. Environmental justice as defined in § 1-701 of the Environment Article;

3. Communities; and

4. Economic development; and

(ix) The Climate Action Plan goals required by the Greenhouse Gas Emissions Reduction Act of 2009 under § 2-1205(b) of the Environment Article.

(k) Choice of appropriate areas for analysis. -- The Department may:

(2) Choose to exclude from its analysis priority funding areas which have an insignificant role in transportation trends because of small size, population, or physical isolation.

(l) Considerations for reports. -- In the report required under subsection (g) of this section, the Department shall:

(1) Use narrative, graphs, charts, tables, and maps as appropriate to make the results easily understood by the public;

(2) Include projected long-term trends for each of the indicators and the effect of planned transportation investments on the trends;

(3) To the extent practicable, account for the effect of planned transportation investments on inducing automobile travel;

(5) Indicate the cost effectiveness of investments for achieving relevant performance goals and benchmarks, including a specific analysis of planned transportation investments detailing:

(i) Any projected decreases or increases in indicators of traffic congestion and accessibility as defined by the Department; and

(ii) The cost per passenger mile and other indicators of cost effectiveness as defined by the Department, including the estimated annual cost of maintenance and operations.

(m) Consolidated Transportation Program annual reports. --

(1) (i) Subject to § 2-1246 of the State Government Article:

1. On or before September 1 of each year, the Department shall submit copies of the proposed Consolidated Transportation Program and the supporting financial forecast to the General Assembly; and

1. A schedule of operating expenses for each specific modal administration;

(ii) The financial forecast shall include, for each of the components specified in subparagraph (i) of this paragraph:

1. Actual information for the last full fiscal year; and

2. Forecasts of the information for each of the six subsequent fiscal years, including the current fiscal year, the fiscal year for the proposed budget, and the next four subsequent fiscal years.

(iii) The Department shall incorporate in the financial forecast the most recent estimates by the Board of Revenue Estimates of the revenues from:

1. The corporate income tax and the sales and use tax for each of the six subsequent years, including the current fiscal year and the fiscal year for the proposed budget; and

2. Motor fuel taxes and motor vehicle titling taxes for the current fiscal year and the fiscal year for the proposed budget.

§ 2-103 - 2. Interest on investments

If the Treasurer invests money of the Department, the Treasurer shall credit the interest or other income from the investment to the appropriate account of the Department.

§ 2-103 - 3. Funding of service for elderly persons and individuals with disabilities

(a) Definitions. --

(1) In this section the following words have the meanings indicated.

(2) "County" includes Baltimore City.

(3) "Elderly and handicapped person" means any person who, by reason of illness, injury, age, congenital malfunction, or other permanent or temporary incapacity or disability, is unable to use mass transit facilities and services as effectively as a person who is not so affected.

(4) "Transportation service" means any transportation option or mix of options that may include paratransit or fixed route service, established or employed by a county to accommodate the transportation needs of its elderly and handicapped residents.

(b) Appropriations. --

(1) The Secretary shall identify separately within the Department's annual budget an amount that the Secretary deems necessary to be used for elderly and handicapped transportation service in each county.

(2) The amount the Secretary identifies, or such other amount as may be appropriated by the General Assembly for the provision of elderly and handicapped transportation service in each county, shall be distributed as provided in subsections (c), (d), and (e) of this section.

(1) Of the amount separately identified or otherwise appropriated under subsection (b) of this section, the Secretary shall:

(i) Allocate 60 percent equally among the counties; and

(ii) Allocate the remaining amount among the counties in proportion to their respective percentages of the State's combined elderly and handicapped population.

(2) Subject to the limitations provided in subsection (f) of this section, the Secretary shall distribute all such allocated amounts to those counties which file a written application with the Department in such form and detail as the Secretary requires.

(3) A written application submitted by a county under this subsection may not be accepted or considered by the Secretary unless the local area agency on aging certifies its approval of the project for the funding for which the application is made.

(4) The Secretary shall consult with the Department of Aging and the Department of Disabilities in distributing the funds available under this section.

(d) Determination of needs. --

(1) In determining local transportation needs, the counties shall take into account the elderly and handicapped transportation needs of the municipalities within their jurisdictions. Nothing in this section shall preclude a municipality from requesting the county to apply for part or all of the county's allocation of funds available under this section on behalf of the municipality.

(2) In the event a municipality believes it is not afforded a reasonable share of the funds available to the county under this section, the municipality may appeal the county's allocation decision directly to the Secretary.

(e) Disbursement of funds. --

(1) If any of the allocated funds described in subsection (c) of this section are not applied for by the counties within 6 months after the beginning of the fiscal year, the Secretary shall make those funds available to counties pursuant to application procedures and criteria developed by the Secretary, in consultation with the Department of Aging and the Department of Disabilities. The criteria shall provide that:

(i) Such funds may be made available to counties in which the Secretary determines that additional funds for transportation service to the elderly and handicapped are most needed; and

(ii) Local match requirements described in subsection (f) of this section shall apply to all disbursements.

(2) A written application submitted by a county under this subsection may not be accepted or considered by the Secretary unless the local area agency on aging certifies its approval of the project for the funding for which the application is made.

(f) County matching funds. --

(1) The Department shall provide capital assistance with funds described in this section only on the basis of a 95 percent State, 5 percent county matching fund obligation.

(2) The Department shall provide operating assistance with funds described in this section only:

(i) To fund operating deficits of the county's transportation service; and

(ii) On the basis of a 75 percent State, 25 percent county matching fund obligation.

(g) Enforcement. -- The Secretary, in consultation with the Department of Aging and the Department of Disabilities, shall develop procedures for the proper enforcement of this section. The procedures shall provide that:

(1) A county shall use all amounts distributed to it under this section only for the acquisition or replacement of equipment or for the operating costs of the county's transportation service;

(2) A county, in consultation with the local area agency on aging, shall determine the most effective means of serving the transportation needs of its elderly and handicapped residents;

(3) Each county shall cooperate with the others to best serve the transportation needs of the State's elderly and handicapped residents; and

(4) A county administering a transportation service that receives funds under this section:

(i) Shall provide trips for any purpose;

(ii) Shall serve the elderly and handicapped citizens within the service areas identified in its application;

(iii) May not restrict its transportation service to clients of social service agencies;

(iv) May establish reasonable fares; and

(v) May permit persons other than the elderly and handicapped to use or benefit from its transportation service to the extent capacity is available.

(h) Secretary to monitor use of funds. -- The Secretary in consultation with the Department of Aging and the Department of Disabilities shall monitor the use of funds provided under this section.

(i) Restriction on use of funds. -- A county that receives funds under this section may not use such funds to replace any moneys it receives from other sources for transportation service for the elderly and handicapped.

(j) Federal funds. -- Federal funds provided to the State for use in connection with the provision of transportation service to the elderly and handicapped may not be diverted to other uses by the State.

(k) Maximizing existing programs; cooperative agreements. -- The Secretary shall encourage each county to:

(1) Continue to maximize use of existing funding programs for elderly and handicapped transportation service; and

(2) Enter into cooperative agreements with other local or State resource providers.

(l) Nonprohibited activities. -- Nothing in this section prohibits a county from:

(1) Contracting with nonprofit organizations, area agencies on aging, public transportation providers, or private carriers for the provision of transportation service to the elderly and handicapped;

(2) Modifying or expanding any existing local transportation system; or

(3) Developing a new transportation system with the use or assistance of subsidized volunteers.

§ 2-103 - 4. Human resources management system

(a) Established. -- Without regard to the laws of this State relating to other State employees, the Secretary of Transportation may establish a human resources management system for employees of the Department and its units. Any human resources management system that the Secretary establishes under this section shall:

(1) Be based on merit;

(2) Include fair and equitable procedures for appointment, hiring, promotion, layoff, removal, termination, redress of grievances, and reinstatement of employees; and

(3) Permit employees to participate in the pension and retirement systems for employees of the State of Maryland authorized under Division II of the State Personnel and Pensions Article or any other pension and retirement systems authorized by law.

(b) Secretary's powers. --

(1) In the exercise of the Secretary's powers under this section, the Secretary may:

(i) Create any position in accordance with State law; and

(ii) Subject to subsection (b-1) of this section, determine the qualifications, appointment, removal, tenure, terms of employment, and compensation of employees unless otherwise prohibited by law.

(2) The Secretary shall designate executive service employee and commission plan employee positions in the Human Resources Management System that:

(i) Must be filled without regard to political affiliation, belief, or opinion; or

(ii) In accordance with the criteria established under § 6-405(b) of the State Personnel and Pensions Article, may be filled with regard to political affiliation, belief, or opinion.

(3) On an annual basis, the Secretary shall report on the total number of positions designated under paragraph (2) of this subsection to the Governor and, in accordance with § 2-1246 of the State Government Article, to the General Assembly.

(b-1) State and national criminal history records check. --

(1) In this subsection, "Central Repository" means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.

(2) (i) In the exercise of the Secretary's powers under subsection (b) of this section, the Secretary may request a State and national criminal history records check from the Central Repository for:

1. A prospective employee; or

2. A current employee for whom a criminal history records check is required by federal or State law.

(ii) The Secretary shall apply to the Central Repository for a State and national criminal history records check for each prospective or current employee for whom a records check is sought.

(iii) As part of the application for a criminal history records check, the Secretary shall submit to the Central Repository:

1. Two complete sets of the prospective or current employee's legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;

2. The fee authorized under § 10-221(b)(7) of the Criminal Procedure Article for access to criminal history record information; and

3. The mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.

(iv) In accordance with Title 10, Subtitle 2 of the Criminal Procedure Article, the Central Repository shall forward to the prospective or current employee and the Department the prospective or current employee's criminal history record information.

(v) Information obtained from the Central Repository under this paragraph:

1. Is confidential and may not be redisseminated; and

2. May be used only for the employment purpose authorized by this section.

(3) A person who is the subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10-223 of the Criminal Procedure Article.

(4) The Secretary may adopt regulations, guidelines, and policies to carry out this subsection.

(c) Classified service employees employed prior to establishment; transfer; collective bargaining rights of transit workers union. --

(1) Any human resources management system established under this section shall provide that classified service employees employed immediately prior to the date of its establishment shall be allowed to remain in the previous personnel system until June 30, 1996.

(2) Any person who as of June 30, 1996 is employed by the Department in a position authorized by the State budget, but not included under a collective bargaining agreement, shall be required to transfer into the human resources management system of the Department without loss of accumulated leave or retirement status.

(3) Any employee hired after the establishment of the new system as a permanent employee of the Department shall be hired under the provisions of the new human resources management system.

(4) Nothing in this section shall affect:

(i) The collective bargaining rights of members of the transit workers union;

(ii) The rights of employees hired at any time to join an employee organization; or

(iii) The rights of Maryland Transit Administration employees eligible under § 7-601 of this article to be included in a collective bargaining unit.

(d) Regulations; employee grievance procedures. --

(1) The Secretary shall adopt regulations to govern the human resources management system established under this section.

(2) The regulations shall address procedures for leave, appointment, hiring, promotion, layoff, removal, termination, redress of grievances, and reinstatement of employees and shall be presented to the Joint Committee on Administrative, Executive, and Legislative Review under Title 10, Subtitle 1 of the State Government Article.

(3) The regulations shall provide that before taking any disciplinary action related to employee misconduct, an appointing authority or designated representative shall:

(i) Investigate the alleged misconduct;

(ii) Meet with the employee;

(iii) Consider any mitigating circumstances;

(iv) Determine the appropriate disciplinary action, if any, to be imposed; and

(v) Give the employee a written notice of the disciplinary action to be taken and the employee's appeal rights.

(4) (i) The regulations shall provide that the appointing authority or designated representative may suspend an employee, with or without pay, pending the filing of charges for termination.

(ii) If an employee is suspended without pay, the appointing authority or designated representative shall provide to the Secretary the charges for termination within 30 calendar days after the first day of the suspension period.

(iii) If the appointing authority or designated representative files the charges for termination after the 30-day period described in subparagraph (ii) of this paragraph, the employee shall be placed on leave with pay until the Secretary receives the charges.

(5) The regulations shall provide that an appointing authority or a designated representative and an employee may agree to the holding in abeyance of a disciplinary action for a period not to exceed 18 months in order to permit an employee to improve conduct or performance.

(6) The employee grievance procedures shall include, at a minimum, the following sequence of levels of appeal:

(i) Initially an aggrieved employee shall present any grievance to the appointing authority or a designated representative, who shall render a written decision;

(ii) Any appeal shall be presented to the Secretary or a designated representative, who shall render a written decision; and

(iii) If the dispute is still unresolved, the aggrieved employee may appeal to the Office of Administrative Hearings or a mutually agreed upon third party arbiter that may not hear grievances relating to classification, salary, or fiscal matters

(7) The Secretary shall establish appeal procedures for disciplinary actions through regulations and policy.

(8) (i) During any stage of a complaint, grievance, or other administrative or legal action that concerns State employment by a full-time or part-time executive service, career service, or commission plan employee of the Department, or by a temporary or contractual employee of the Department, the employee may not be subjected to coercion, discrimination, interference, reprisal, or restraint by or initiated on behalf of the Department solely as a result of that employee's pursuit of a grievance, complaint, or other administrative or legal action that concerns State employment.

(ii) An employee of the Department may not intentionally take or assist in taking an act of coercion, discrimination, interference, reprisal, or restraint against another employee solely as a result of that employee's pursuit of a grievance, complaint, or other administrative or legal action that concerns State employment.

(iii) An employee who violates the provisions of this paragraph is subject to disciplinary action, including termination of employment.

(e) Employee Performance Incentive Awards Program. --

(1) The Secretary shall establish an Employee Performance Incentive Awards Program that conforms to the provisions of Division I of the State Personnel and Pensions Article.

(2) The Secretary shall have the same authority to implement this Program as is delegated to the Secretary of Budget and Management.

(3) Funding for an Employee Performance Incentive Awards Program shall be budgeted as a separate line item in the Department's annual budget submission to the General Assembly.

(f) Rights of permanent employees. -- All permanent employees of the Department shall:

(1) Be considered as permanent State employees for the purposes of transferring to a position in the Executive, Legislative, or Judicial Branch of government;

(2) Receive credit for service with the Department for the purpose of transferring accumulated sick and vacation leave, service credit in the Employees' Retirement System, and all other benefits; and

(3) Be granted the same salary consideration that would be provided to an employee transferring within the Executive, Legislative, or Judicial Branch.

(g) Pay plan. -- In establishing a pay plan for the Department's human resources management system, the Secretary shall use the standard salary schedule adopted by the Secretary of Budget and Management pursuant to the budget. The Secretary shall prepare and recommend a standard pay plan for all classes of positions in the human resources management system that conforms to the provisions of §§ 8-101, 8-102, 8-104, 8-105, and 8-109 of the State Personnel and Pensions Article that govern the standard pay plan of the State. The Secretary shall have the same authority to implement a standard pay plan as is delegated to the Secretary of Budget and Management. Employees in the Department may not be paid salaries in excess of those paid to employees in substantially the same classifications in other State agencies.

(h) Executive pay plan. --

(1) The Secretary shall establish an executive pay plan that conforms to the provisions of §§ 8-101, 8-102, 8-103(b), 8-104, 8-108, and 8-109 of the State Personnel and Pensions Article that govern the executive pay plan of the State. The Secretary shall have the same authority to implement an executive pay plan as is delegated to the Secretary of Budget and Management.

(2) Subject to § 2-1246 of the State Government Article, the Secretary shall submit to the Department of Legislative Services, on or before July 15, October 15, January 15, and April 15 of each fiscal year:

(i) A list of the position, pay grade and step, title, name, and pay rate of each employee who was included in the executive pay plan as of the last day of the preceding fiscal quarter; and

(ii) The details of any lump-sum increases given to employees in the executive pay plan during the preceding fiscal quarter.

(3) (i) The quarterly reports required under paragraph (2) of this subsection shall include each flat-rate employee position in the executive pay plan.

(ii) Each flat-rate employee position included in the quarterly reports under subparagraph (i) of this paragraph shall be assigned a unique identifier that:

1. Describes the program to which the position is assigned for budgetary purposes; and

2. Corresponds to the position identification number used in the budget data provided annually by the Secretary to the Department of Legislative Services.

(i) Employee organizations. -- The Department shall permit continuation of the rights of employee organizations in existence on July 1, 1992 to represent employees and to collect dues through a checkoff system consistent with Title 2, Subtitle 4 of the State Personnel and Pensions Article.

§ 2-103 - 5. Grants for paratransit service provided by county or local governments

(a) In general. -- Subject to the appropriation requirements and budgetary provisions of § 3-216 of this article and upon receipt of an approval of a grant application in the form or detail that the Secretary reasonably requires, the Department shall provide annual grants for paratransit service provided by county or local governments, that is complementary to fixed route service as required under the federal Americans with Disabilities Act.

(b) Amount of grants. -- The amount of the grants:

(1) Shall be determined in accordance with multiyear paratransit plans approved by the Department or the Federal Transit Administration; and

(2) May not exceed a total of $ 4 million statewide in any fiscal year.

§ 2-103 - 6. Job access program

(a) Definitions. --

(1) In this section the following words have the meanings indicated.

(2) "Job access project" means a program to provide reasonable transportation services to employment or job-related activities for low-income workers that:

(i) Facilitates trips to and from jobs and other employment related activities, including child care, job skills enhancement, and employment seeking activities; and

(ii) Serves low-income workers within a service area that is specified by a transportation provider.

(3) "Low-income worker" means a person that meets the poverty threshold that is established by the U.S. Department of Commerce, Bureau of the Census for a given year.

(4) "Transportation provider" means a public or private entity that provides transit service to more than one individual.

(b) Program established; requirements for grant; priority areas. --

(1) There is a job access program to provide grants to transportation providers for job access projects.

(2) Subject to the limitations provided in subsection (c) of this section and subject to the availability of funds in the annual State budget, the Secretary shall make grants to a transportation provider that:

(i) Operates a job access project that:

1. Takes into account the transportation needs of low-income workers within the area of service defined by the transportation provider; and

2. Is not restricted to clients of social service agencies;

(ii) Files a written application with the Department in the form and detail the Secretary requires; and

(iii) Receives approval from the Secretary.

(3) Before approving an application from a transportation provider, the Secretary shall consult with the local department of social services.

(4) When allocating funds under the job access program, the Secretary shall give priority to the areas of the State that the Secretary determines are most in need of a job access project.

(1) A transportation provider that receives funds for a capital expenditure under the job access program shall expend a matching fund of at least 20% of the total cost of the proposed capital expenditure.

(2) A transportation provider that receives funds for operating expenditures under the job access program shall expend a matching fund of at least 25% of the total cost of the proposed operating expenditures.

(3) A transportation provider shall use funds distributed under this section only for the acquisition or replacement of equipment or the operating costs of a job access project.

(4) A transportation provider that receives a grant under this section shall consult with the local department of social services to determine the most effective means of serving the transportation needs of low-income workers in the proposed service area.

(5) A transportation provider shall cooperate with other transportation providers in the proposed service area to best serve the transportation needs of low-income workers.

(6) Nothing in this section shall be construed to prohibit a transportation provider from:

(i) Contracting with nonprofit organizations, public transportation providers, or private carriers for the provision of transportation service to low-income workers;

(ii) Modifying or expanding an existing local transportation system;

(iii) Developing a new transportation system with the use or assistance of subsidized volunteers; or

(iv) Allowing individuals other than low-income workers to use the transportation services provided by the job access project to the extent excess capacity is available.

(7) Each transportation provider that receives a grant under this section shall submit a report to the Secretary that details how the grant was expended on the job access project.

(d) Use of existing funding programs; cooperative agreements; regulations. --

(1) The Secretary shall encourage a transportation provider to:

(i) Continue to maximize use of existing funding programs for a job access project; and

(ii) Enter into cooperative agreements with other local or State transportation providers.

(2) The Secretary may adopt regulations that are necessary to carry out the provisions of this section.

(e) Funds supplemental. -- Any funds provided under this section shall be used to supplement and shall not supplant existing funds used by a transportation provider for transportation services.

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2013 Maryland CodeTRANSPORTATION§ 2-103 - General authority and duties of Secretary

2013 Maryland Code
TRANSPORTATION
§ 2-103 - General authority and duties of Secretary