Md. Code, Transportation, Title 4

Md. Code, Transportation, Title 4
in effect

Md. Code, Transportation § 4-101

(a) In this title the following words have the meanings indicated. (b) “Authority” means the Maryland Transportation Authority. (c) “Cost”, as applied to any transportation facilities project, includes the cost of and all expenses incident to the construction, reconstruction, acquisition, improvement, extension, alteration, modernization, planning, maintenance, and repair of the project, including the cost and expenses of: (1) All property acquired in connection with it; (2) Financial, architectural, consulting, engineering, and legal services; (3) Plans, specifications, surveys, estimates, feasibility reports, and direct and indirect labor, material, equipment, and administrative expenses; and (4) Financing the project, including financing charges and interest before, during, and for 1 year after completion of construction. (d) “Outstanding and unpaid” does not include: (1) Bonds purchased and held in sinking funds by or for the Authority; or (2) If the money for their payment or redemption has been provided: (i) Matured bonds not presented for payment; or (ii) Bonds called for redemption but not presented for redemption. (e) “Refunding” means the retirement and cancellation of bonds, including revenue bonds of prior issues, after their acquisition by or for the Authority, whether before, at, or after maturity, either in exchange for other bonds or by payment, purchase, or redemption with the proceeds of the sale of other bonds. (f) “Resolution”, as used with respect to the Authority, means a resolution adopted by the affirmative vote of a majority of the appointed members of the Authority and concurred in by the Chairman. (g) “Revenue bonds of prior issues” means: (1) “State of Maryland Bridge and Tunnel Revenue Bonds” dated as of October 1, 1954; (2) “State of Maryland Northeastern Expressway Revenue Bonds” dated as of January 1, 1962; (3) “State of Maryland Bridge and Tunnel Revenue Bonds”: (i) “(Series 1968)” dated as of October 1, 1968; and (ii) “(Series 1975)” dated as of July 1, 1975; and (4) Any other revenue bonds issued under the same provisions of law that authorized the issuance of the bonds listed in this subsection. (h) “Transportation facilities project” includes: (1) The Susquehanna River Bridge, the Harry W. Nice/Thomas “Mac” Middleton Potomac River Bridge, the William Preston Lane, Jr. Memorial Chesapeake Bay Bridge and parallel Chesapeake Bay Bridge, the Baltimore Harbor Tunnel, the Fort McHenry Tunnel, the Francis Scott Key Bridge, and the John F. Kennedy Memorial Highway, together with their appurtenant causeways, approaches, interchanges, entrance plazas, toll stations, and service facilities; (2) A vehicle parking facility located in a priority funding area as defined in § 5–7B–02 of the State Finance and Procurement Article; (3) Any other project for transportation facilities that the Authority authorizes to be acquired or constructed; and (4) Any additions, improvements, or enlargements to any of these projects, whenever authorized. (i) “Transportation facility” has the meaning stated in § 3–101 of this article. (j) “Vehicle parking facility” means a controlled entrance and exit building, structure, surface lot, and other facility for parking vehicles, for which fees or charges are established for the use of the facility.

Md. Code, Transportation § 4-102

The exercise of the powers granted by this title is in all respects for the benefit of the people of this State and for the improvement of their health and living conditions, and the activities of the Authority and the operation and maintenance of its projects constitute essential governmental functions.

Md. Code, Transportation § 4-202

(a) The Secretary of Transportation is the Chairman of the Authority. (b) (1) In addition to the Chairman, the Authority consists of eight members appointed by the Governor with the advice and consent of the Senate. (2) The appointed members of the Authority may not be employees of the Executive Branch of the State government. (3) Of the appointed members: (i) One shall have expertise in structural engineering; (ii) One shall have expertise in transportation planning; (iii) One shall have expertise in land use planning; and (iv) One shall have expertise in finance. (4) The appointed members of the Authority shall reflect the racial, gender, and geographic diversity of the population of the State. (c) (1) Each appointed member serves for a term of 4 years and until a successor is appointed and qualifies. (2) The terms of the appointed members are staggered as required by the terms provided for members of the Authority on January 1, 2007. (3) An appointed member may not serve more than three consecutive terms. (4) A member appointed to fill a vacancy in an unexpired term serves only for the remainder of that term. (d) A member of the Authority is entitled to: (1) The compensation provided in the State budget; and (2) Reimbursement for expenses, in accordance with the Standard State Travel Regulations of the Department of Budget and Management.

Md. Code, Transportation § 4-203

(a) The Authority is entitled to the staff provided in the State budget. (b) The Secretary shall provide the Authority with the personnel of the Department that the Secretary considers necessary for performance of the maintenance and other functions required of the Authority to meet its obligations with respect to its transportation facilities projects.

Md. Code, Transportation § 4-204

(a) Acting on behalf of the Department, the Authority has those powers and duties relating to the supervision, financing, construction, operation, maintenance, and repair of transportation facilities projects as are granted to it by this title or any other provisions of law. (b) The Authority has general supervision over all transportation facilities projects. (c) The Authority shall finance, construct, operate, repair, and maintain in good order all transportation facilities projects.

Md. Code, Transportation § 4-205

(a) Subject to § 4–306 of this title and in addition to the powers otherwise specifically granted by law, the Authority has the powers described in this section. (b) The Authority may acquire, hold, and dispose of property in the exercise of its powers and performance of its duties. (c) (1) Subject to the limitations described in paragraph (2) of this subsection, the Authority may make any contracts and agreements necessary or incidental to the exercise of its powers and performance of its duties. (2) Not less than 45 days before entering into any contract or agreement to acquire or construct a revenue–producing transportation facilities project, subject to § 2–1257 of the State Government Article, the Authority shall provide, to the Senate Budget and Taxation Committee, the House Committee on Ways and Means, and the House Appropriations Committee, for review and comment, and to the Department of Legislative Services, a description of the proposed project, a summary of the contract or agreement, and a financing plan that details: (i) The estimated annual revenue from the issuance of bonds to finance the project; and (ii) The estimated impact of the issuance of bonds to finance the project on the bonding capacity of the Authority. (d) (1) Subject to paragraph (2) of this subsection, the Authority may employ and fix the compensation of attorneys, consulting engineers, accountants, construction and financial experts, superintendents, managers, and any other agents and employees that it considers necessary to exercise its powers and perform its duties. The compensation established by the Authority for executive management positions shall be consistent with the compensation of comparable positions in the Department of Transportation. The compensation established by the Authority shall be reported to the General Assembly each year as part of the Authority’s presentation of its budget. (2) The expense of employing these persons may be paid only from revenues or from the proceeds of revenue bonds issued by the Authority. (e) The Authority may apply for and receive grants from any federal agency for the planning, construction, operation, or financing of any transportation facilities project and may receive aid or contributions of money, property, labor, or other things of value from any source, to be held, used, and applied for the purposes for which the grants, aid, and contributions are made. (f) The Authority may adopt rules and regulations to carry out the provisions of this title. (g) The Authority may do anything else necessary or convenient to carry out the powers granted in this title.

Md. Code, Transportation § 4-206

Subject to Title 12 of the Real Property Article and Ch. 608, Acts of 1976, the Authority may condemn property for any transportation facilities project authorized to be financed with revenue bonds of prior issues.

Md. Code, Transportation § 4-207

Except for water and sewer charges imposed by this State or any of its agencies or political subdivisions, the Authority, its activities, and the property it owns or controls are exempt from all taxes, assessments, and charges, whether federal, State, or local, now or subsequently levied or imposed.

Md. Code, Transportation § 4-208

(a) (1) There is a Maryland Transportation Authority Police Force. (2) Subject to subsection (b) of this section, a Maryland Transportation Authority police officer has all the powers granted to a peace officer and a police officer of this State. (b) (1) A Maryland Transportation Authority police officer may exercise the powers described in subsection (a)(2) of this section on property owned, leased, or operated by or under the control of the Maryland Transportation Authority, Maryland Aviation Administration, and Maryland Port Administration. (2) (i) This paragraph does not apply to a highway as defined in § 8–101 of this article or other public property or waterway open for public conveyance. (ii) For purposes of establishing perimeter security subject to the requirements of paragraph (3) of this subsection, a Maryland Transportation Authority police officer may exercise the powers described in subsection (a)(2) of this section: 1. Within 500 feet of property described in paragraph (1) of this subsection; and 2. On or within 500 feet of any other property owned, leased, operated by, or under the control of the Department. (3) A Maryland Transportation Authority police officer may exercise the powers described in paragraph (2) of this subsection, if: (i) The Chairman of the Maryland Transportation Authority, with the approval of the Governor, determines on the basis of specific and articulable facts that the exercise of the powers is reasonable to protect against actual or threatened physical injury or damage to State employees or State property or assets and provides notice of the exercise of the powers to the: 1. Chief of police, if any, or the chief’s designee, in a municipal corporation; 2. Chief of police or the chief’s designee in a county with a county police department; 3. Sheriff or the sheriff’s designee in a county without a police department; 4. Police Commissioner or the Police Commissioner’s designee in Baltimore City; 5. Secretary of Natural Resources or the Secretary’s designee on any property owned, leased, operated by, or under the control of the Department of Natural Resources; 6. Secretary of State Police or the Secretary’s designee; or 7. Secretary of a principal department that maintains a police force or the secretary’s designee if the department would be affected by the actions of the Maryland Transportation Authority Police Force of this subsection; or (ii) Ordered to do so by the Governor pursuant to a proclamation or declaration by the Governor of a state of emergency under Title 14 of the Public Safety Article. (4) The police officer may not exercise these powers on any other property unless: (i) Engaged in fresh pursuit of a suspected offender; (ii) Specially requested or permitted to do so in a political subdivision by its chief executive officer or its chief police officer; or (iii) Ordered to do so by the Governor. (5) Nothing in this subsection shall be construed to preclude, or limit in any way, the authority of any federal, State, or local law enforcement agency, or any other federal police or federal protective service. (c) (1) In consultation with the Secretary of State Police and the Maryland Police Training and Standards Commission, the Secretary of Transportation shall adopt standards, qualifications, and prerequisites of character, training, education, human and public relations, and experience for Maryland Transportation Authority police officers, including standards for the performance of their duties. (2) To the extent practicable, the Secretary of Transportation shall adopt standards that are similar to the standards adopted for the Department of State Police. (3) Standards adopted on or after July 1, 1974, on minimum hiring qualifications of Maryland Transportation Authority police officers may not affect the status of any individual who was a qualified toll facilities police officer on that date. (d) The Authority shall adopt rules and regulations governing the operation and conduct of the Maryland Transportation Authority Police Force and of Maryland Transportation Authority police officers. These rules and regulations shall be consistent with the standards established by the Secretary. (e) The Maryland Transportation Authority Police Force shall provide police services to the Authority, to the Maryland Aviation Administration, and to the Maryland Port Administration. (f) (1) Any person who was a member in good standing, as of July 1, 1977, of the Maryland Aviation Administration Police Force of the Department and subsequently an airport police employee of the State Police, shall become a member of the Maryland Transportation Authority Police Force, and shall continue as such without diminution in salary, except for shift differential, until retirement, resignation, or termination, and shall be paid in accordance with the Maryland Transportation Authority Police Force pay plan. (2) Each employee described in paragraph (1) of this subsection shall remain a member of the Baltimore City fire and police employees retirement system. The Authority shall reimburse the City for the employer’s cost of the pension coverage. (g) (1) Any person who is a member in good standing, as of July 1, 1998, of the Maryland Port Administration Police Force of the Department shall become a member of the Maryland Transportation Authority Police Force and shall continue as such without diminution in salary until retirement, resignation, or termination of employment, and shall be paid in accordance with the Maryland Transportation Authority Police Force plan. (2) Each employee described in paragraph (1) of this subsection may elect to join the Law Enforcement Officers’ Pension System under the provision of Title 26 of the State Personnel and Pensions Article.

Md. Code, Transportation § 4-208.1

§4–208.1. (a) The chief police officer of the Maryland Transportation Authority Police Force may appoint employees of the Authority to exercise the powers specified in subsection (b) of this section. (b) (1) An employee appointed under this section may issue citations to the extent authorized by the chief police officer for violations of those provisions of § 5–426 of this article relating to motor vehicle parking at Baltimore–Washington International Thurgood Marshall Airport. (2) The issuance of citations under this section shall comply with the requirements of Title 26, Subtitle 3 of this article. (c) The chief police officer, in consultation with the Maryland Police Training and Standards Commission, shall adopt regulations establishing: (1) Qualifications for employees appointed under this section, including prerequisites of character, training, experience, and education; and (2) Standards for the performance of the duties assigned to employees appointed under this section.

Md. Code, Transportation § 4-209

As to revenue bonds, including revenue bonds of prior issues, and transportation facilities projects: (1) Every resolution, rule, regulation, form, order, and directive adopted by or relating to the State Roads Commission remains in effect until changed by the Maryland Transportation Authority; and (2) Every reference in this Code, any other law, ordinance, resolution, rule, regulation, order, directive, legal action, contract, or any other document to the State Roads Commission means the Maryland Transportation Authority.

Md. Code, Transportation § 4-210

(a) Each year, the Authority shall develop and adopt a 6–year financial forecast for the operations of the Authority. (b) In accordance with § 2–1257 of the State Government Article, the Authority shall submit to the General Assembly: (1) A draft of the financial forecast on submission of the budget bill to the presiding officers of the General Assembly; and (2) The financial forecast as approved by the Authority on or before September 1 of each year. (c) The financial forecast shall include the following components: (1) A schedule of operating expenses; (2) A schedule of revenues, including concessions income, investment income, other income, and transfers from the Department; (3) A schedule of toll revenues, including the average toll per vehicle, the average toll increase, the number of paid vehicles, and the toll revenue by toll facility by fiscal year; (4) A schedule of planned bond issuances, including a detailed summary of bonds issued to fund the capital program and bonds issued to fund capitalized interest; (5) A schedule of debt service in each fiscal year for each bond issuance of all debt issued by the Authority, including debt service estimates of planned bond issuances; and (6) A summary schedule for the Authority that includes: (i) The total cash balance; (ii) The amount of the cash balance that is encumbered; (iii) The annual cash surplus or deficit; (iv) Revenues; (v) Transfers to the Department from the Authority; (vi) Transfers to the Authority from the Department; (vii) Bond sales; (viii) Expenditures for debt service; (ix) Operating expenses; (x) Capital expenses; (xi) Maintenance and operations expense reserve accounts; (xii) Forecasted bond interest rates; (xiii) Total bonds outstanding; and (xiv) Financial coverage ratios, including the ratio of total cash to toll revenues, the debt service coverage ratio, and the rate covenant compliance ratio. (d) The financial forecast shall include, for each of the components specified in subsection (c) of this section: (1) Actual information for the last full fiscal year; and (2) Forecasts of the information for each of the 6 subsequent fiscal years, including the current fiscal year, the fiscal year for the proposed budget, and the next 4 subsequent fiscal years.

Md. Code, Transportation § 4-211

For purposes of the Open Meetings Act, a project site visit or educational field tour may not be considered a meeting of the Authority if no organizational business is conducted.

Md. Code, Transportation § 4-212

(a) (1) In this section the following words have the meanings indicated. (2) “Advisory Group” means the Chesapeake Bay Bridge Reconstruction Advisory Group. (3) “Chesapeake Bay Bridge” means the William Preston Lane, Jr. Memorial Chesapeake Bay Bridge and parallel Chesapeake Bay Bridge. (b) There is a Chesapeake Bay Bridge Reconstruction Advisory Group in the Department. (c) The Advisory Group consists of the following members: (1) The Secretary of Transportation, or the Secretary’s designee; (2) The State Highway Administrator, or the Administrator’s designee; (3) The Executive Director of the Authority, or the Executive Director’s designee; (4) Two citizen members appointed by the Anne Arundel County Council; (5) Two citizen members appointed by the County Commissioners of Queen Anne’s County; and (6) The following members appointed by the Governor: (i) Three citizen members who live in Anne Arundel County and are familiar with issues faced by commuters who cross the Chesapeake Bay Bridge; and (ii) Three citizen members who live in Queen Anne’s County and are familiar with issues faced by commuters who cross the Chesapeake Bay Bridge. (d) (1) The term of an appointed member is 3 years. (2) The terms of the appointed members are staggered as required by the terms provided for members of the Advisory Group on July 1, 2020. (3) At the end of a term, an appointed member continues to serve until a successor is appointed and qualifies. (4) An appointed 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. (e) From among its members, the Advisory Group shall elect a chair each year. (f) The Authority shall provide staff for the Advisory Group. (g) A member of the Advisory Group: (1) May not receive compensation as a member of the Advisory Group; but (2) Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget. (h) The Advisory Group shall: (1) Adopt bylaws; (2) Provide the Authority with an independent, citizen–informed perspective on the Authority’s operations at the Chesapeake Bay Bridge; and (3) (i) Assist the Authority in: 1. Assessing potential concerns about activity relating to the Chesapeake Bay Bridge; and 2. Educating the general public about activity relating to the Chesapeake Bay Bridge; and (ii) Work collaboratively with the Authority and provide pertinent input related to traffic and customer service issues. (i) The Advisory Group is a public body and is subject to Title 3 of the General Provisions Article. (j) Any entity that conducts a traffic capacity study pertaining to the Chesapeake Bay Bridge and U.S. Route 50 between Interstate 97 and Maryland Route 404 shall report its findings and recommendations to the Advisory Group. (k) (1) The Advisory Group shall report its activities and recommendations quarterly to the Authority. (2) On or before July 1, 2021, and each July 1 thereafter, the Advisory Group shall report its activities and recommendations to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.

Md. Code, Transportation § 4-301

By one or more resolutions, the Authority may: (1) Finance the cost of transportation facilities projects; (2) Borrow money from time to time for that purpose; and (3) Evidence the borrowing by the issuance and sale of revenue bonds, notes, or other evidences of obligation on the terms, conditions, and limitations contained in this subtitle.

Md. Code, Transportation § 4-302

(a) Except as provided in § 4-306(b) of this subtitle, without limiting the power of the Authority to issue additional revenue bonds under the provisions of law that authorize the issuance of revenue bonds of prior issues, the Authority from time to time may issue its revenue bonds to finance the cost of any one or more or combination of transportation facilities projects. (b) As to revenue bonds of any issue, the Authority may determine: (1) The date or dates of issue; (2) The date or dates and amount or amounts of maturity, which need not be in equal principal amounts or consecutive annual installments, but a bond may not be issued to mature later than 40 years after the date of its issue; (3) The rate or rates of interest payable on the bonds, or the manner of determining the rate or rates of interest, and the date or dates of payment of interest; (4) The tenor, form or forms, denomination or denominations, manner of execution, and place or places of payment of the principal of and interest on the bonds, which may be at any bank or trust company within or without this State; (5) Whether the bonds are to be issued in coupon or registered form or both and whether provision is to be made for the registration of the principal only of coupon bonds, for the reconversion of fully registered bonds into coupon form, and for the replacement of bonds that are mutilated, lost, or destroyed; (6) Whether all or any part of the bonds are redeemable before maturity and, if so, the terms, conditions, and prices of redemption; and (7) Any other matter relating to the form, terms, conditions, issuance, sale, and delivery of the bonds.

Md. Code, Transportation § 4-303

(a) (1) Revenue bonds issued under this subtitle shall be executed on behalf of the Authority by the manual signature of at least one authorized individual. (2) Other signatures on the bonds may be either manual or facsimile. (b) If an individual whose manual or facsimile signature appears on any bond or coupon issued under this subtitle ceases to serve in an authorized capacity before the delivery of the bond, the signature nevertheless is as valid and sufficient for all purposes as if the individual had remained in that capacity until delivery of the bond.

Md. Code, Transportation § 4-304

Notwithstanding any other provision of law or any recitals in the instruments, the revenue bonds, notes, and other evidences of obligation issued under this subtitle are investment securities under the laws of this State.

Md. Code, Transportation § 4-305

The revenue bonds, notes, and other evidences of obligation issued under this subtitle and their issuance and sale are exempt from the provisions of §§ 8-206 and 8-208 of the State Finance and Procurement Article, and the Authority may sell them at either public or private sale in the manner and for the price that it determines.

Md. Code, Transportation § 4-306

(a) Except as provided in subsection (b) of this section, revenue bonds may be issued by the Authority: (1) Without obtaining the consent of any instrumentality, agency, or unit of this State; and (2) Without any proceedings or the happening of any conditions or things other than those specifically required by this subtitle. (b) (1) (i) Subject to subparagraph (ii) of this paragraph, revenue bonds secured by toll revenue may be issued in any amount as long as the aggregate outstanding and unpaid principal balance of the revenue bonds secured by toll revenue and revenue bonds of prior issues does not exceed $4,000,000,000 on June 30 of any year. (ii) The maximum aggregate amount of revenue bonds that may be outstanding and unpaid under subparagraph (i) of this paragraph shall be reduced by the amount of: 1. Any loan extended to the State under the federal Transportation Infrastructure Finance and Innovation Act; and 2. Any line of credit extended to the State under the federal Transportation Infrastructure Finance and Innovation Act, to the extent the State draws on the line of credit. (2) Except as otherwise provided in this section and § 4–205 of this title, without the approval of the General Assembly, the Authority may issue bonds to refinance all or any part of the cost of a transportation facility project for which the Authority previously issued bonds authorized under this subtitle.

Md. Code, Transportation § 4-307

(a) Subject to the provisions of §§ 4-306(b), 4-320, and 4-321 of this subtitle, if by reason of increased construction costs, error in estimates, or otherwise, the proceeds of the revenue bonds of any issue are less than the amount required for the purpose for which the bonds are authorized, additional revenue bonds may be issued in a similar manner to provide the amount of the deficiency. (b) The additional bonds shall be deemed to be of the same issue and shall be entitled to payment from the same fund, without preference or priority, as the bonds first issued. If the proceeds of the additional bonds exceed the amount required, the excess shall be deposited to the credit of any reserve fund for the bonds or, if so provided in the trust agreement securing the bonds, may be applied to the cost of any additional project.

Md. Code, Transportation § 4-308

(a) The Authority from time to time may issue its revenue refunding bonds for: (1) Refunding any bonds issued under this subtitle or any revenue bonds of prior issues, including the payment of any redemption premium on the bonds and any interest accrued or to accrue to the date of redemption of the bonds; (2) Constructing improvements or extensions to or enlargements of any transportation facilities project; and (3) Paying all or any part of the cost of any additional transportation facilities project. (b) The issuance of revenue refunding bonds, the details of their issuance, the rights of their holders, and the rights, duties, and obligations of the Authority with respect to them are governed by the provisions of this subtitle relating to revenue bonds, insofar as those provisions may be applicable.

Md. Code, Transportation § 4-309

Before the preparation of definitive bonds, the Authority may issue its interim certificates or temporary bonds, with or without coupons, exchangeable for definitive bonds when the definitive bonds have been executed and are available for delivery.

Md. Code, Transportation § 4-310

(a) The Authority may issue its bond anticipation notes, payable to the bearer or registered holder of the notes out of the first proceeds of the next sale of bonds issued under this subtitle. (b) The resolution authorizing the issuance of bond anticipation notes may provide for the issuance of these notes in series, as funds are required, and for the renewal of these notes at maturity, with or without resale. (c) The issuance of bond anticipation notes, the details of their issuance, the rights of their holders, and the rights, duties, and obligations of the Authority with respect to them are governed by the provisions of this subtitle relating to the issuance of the bonds in anticipation of the sale of which the notes are issued, insofar as those provisions may be applicable.

Md. Code, Transportation § 4-311

(a) (1) Revenue bonds issued under this subtitle may be secured by a trust agreement between the Authority and a corporate trustee, which may be any trust company or bank having trust powers within or without this State. (2) The trust agreement may pledge or assign all or any part of the revenues of the Authority or of any transportation facilities project, but may not mortgage any part of any transportation facilities project. (b) Any trust agreement or bond authorizing resolution may: (1) Contain any provisions for the protection and enforcement of the rights and remedies of bondholders as are considered reasonable and proper, including covenants setting forth the duties of the Authority as to the financing or development of any transportation facilities project, the extension, enlargement, improvement, maintenance, operation, repair, and insurance of the project, and the custody, safeguarding, and application of money; (2) Provide for the employment of consulting engineers in connection with the construction or operation of any transportation facilities project; (3) Set forth the rights and remedies of the bondholders and of the trustee; (4) Restrict the individual right of action by bondholders; and (5) Contain any other provisions that the Authority considers reasonable and proper for the security of the bondholders, including: (i) Covenants to restrict or prohibit the construction or operation of competing transportation facilities of the same mode; and (ii) Covenants relating to the issuance of additional parity bonds on stated conditions consistent with the requirements of this subtitle. (c) All expenses incurred in carrying out the trust agreement may be treated as a part of the cost of the operation of the transportation facilities project in connection with which the bonds have been issued. (d) The proceeds of the sale of bonds shall be paid to the trustee under the trust agreement securing the bonds and shall be disbursed in the manner and under the restrictions, if any, provided in the trust agreement. (e) Any bank or trust company incorporated under the laws of this State that acts as depositary of the proceeds of the bonds or of revenues may furnish any indemnifying bonds or pledge any securities that the Authority requires.

Md. Code, Transportation § 4-311.1

§4–311.1. (a) This section applies to the financing of a vehicle parking facility not located at a transportation facility, as defined in § 3-101 of this article. (b) (1) Revenues from a vehicle parking facility shall be used to pay all operating and maintenance costs and the service on any debt for each year the debt is outstanding and unpaid. (2) Moneys from the Transportation Authority Fund may not be used as a cash investment for a vehicle parking facility. (3) The Authority shall give priority to projects that are located within a transit-oriented development area. (c) Not less than 30 days before entering into any contract or agreement to finance a vehicle parking facility, the Authority shall provide, in accordance with § 2-1246 of the State Government Article, to the Senate Budget and Taxation Committee and the House Appropriations Committee information on the proposed contract or agreement, including the level of any State, local, and private contributions. (d) The Authority shall adopt regulations specifying: (1) The types of vehicle parking facilities for which the Authority may provide financing; (2) The basic standards an entity must meet to qualify for vehicle parking facility financing; and (3) The criteria upon which the Authority shall base the financing decisions for vehicle parking facilities.

Md. Code, Transportation § 4-312

(a) (1) Notwithstanding the provisions of Section 3, § 20 and Section 4, § 16 of Chapter 608 of the Acts of the General Assembly of 1976, tolls may continue to be charged on the John F. Kennedy Memorial Highway and any project constructed under the provisions of Section 3 (Bridge, Tunnel, and Motorway Revenue Bonds) of Chapter 608 of the Acts of the General Assembly of 1976. (2) As to all or any part of any transportation facilities project, the Authority may: (i) Fix, revise, charge, and collect rentals, rates, fees, tolls, and other charges and revenues for its use or for its services; and (ii) Contract with any person who desires its use for any purpose and fix the terms, conditions, rentals, rates, fees, tolls, or other charges or revenues for this use. (3) (i) Before the Authority adopts an increase in tolls, fees, or other charges on any part of a fixed toll transportation facilities project or adopts an increase in mileage rate ranges, pricing periods, toll zones, fees, or other charges on a variably priced toll transportation facilities project, the Authority shall provide an opportunity for public review and comment on the proposed increase at one or more meetings held at a time and place of convenience to the public in each county in which the increase is proposed to be implemented. (ii) At least 10 working days before the start of the first meeting under subparagraph (i) of this paragraph, the Authority shall provide to the public on the Authority’s official website the proposed increase in tolls, fees, mileage rate ranges, pricing periods, toll zones, or other charges and information and studies used in its analysis to justify the proposed increase. (iii) For a period of at least 10 working days after the last scheduled meeting for public review and comment under subparagraph (i) of this paragraph, the Authority shall provide the public with an opportunity to submit additional written comments on the proposal. (iv) Within 10 days after the close of the written comment period under subparagraph (iii) of this paragraph, the Authority shall provide to the public on its official website and to the members of the Authority a summary and analysis of the comments received from the public on the proposal. (4) Before the Authority votes on any proposal to increase tolls, fees, or other charges on any part of a fixed toll transportation facilities project or votes on an increase in mileage rate ranges, pricing periods, toll zones, fees, or other charges on any part of a variably priced toll transportation facilities project, the Authority shall: (i) Provide in writing to all of the members of the Authority and, on request, to the public any recommendation of the Authority regarding the proposal; (ii) For a period of at least 10 working days after making any recommendation on the proposal, provide an opportunity for public review and written comment on the recommendation; (iii) Provide to the public on its official website: 1. Any recommendation of the Authority regarding the proposal; and 2. The time, place, and date of the meeting at which the Authority will vote on the proposal; and (iv) Provide to each member of the Authority and provide to the public on its official website a summary and analysis of any public comments received under item (ii) of this paragraph by the Authority regarding the Authority’s recommendation. (5) (i) At any meeting in which a recommendation to increase tolls, fees, or other charges on a fixed toll transportation facilities project or a recommendation to increase mileage rate ranges, pricing periods, toll zones, fees, or other charges on a variably priced transportation facilities project is scheduled for consideration, the Authority shall provide the public a reasonable amount of time to comment on the recommendation before the Authority votes on the recommendation. (ii) If the Authority amends its recommendation after receiving public comment at the meeting under subparagraph (i) of this paragraph and then votes on the amended recommendation at that meeting, the Authority is not required to provide an additional opportunity for public comment under paragraph (4) of this subsection. (6) (i) If the Authority determines that it must increase tolls, fees, mileage rate ranges, pricing periods, toll zones, or other charges within a time period or in a manner that will not permit compliance with paragraphs (3) and (4) of this subsection to remain in compliance with the provisions of any trust agreement, escrow deposit agreement, or resolution that provides for the payment of bonds issued by the Authority, or to ensure that unforeseen circumstances do not adversely affect the continuity of operations at one or more transportation facilities projects, the Authority shall determine that an emergency status exists. (ii) If the Authority determines that an emergency status exists under subparagraph (i) of this paragraph, the Authority shall adopt temporary adjustments to tolls, fees, mileage rate ranges, pricing periods, toll zones, or other charges that shall take effect immediately on adoption by the Authority or on the effective date established by the Authority. (iii) If the Authority adopts any temporary adjustments to tolls, fees, mileage rate ranges, pricing periods, toll zones, or other charges under subparagraph (ii) of this paragraph, the Authority shall: 1. Provide notice to the public on the Authority’s official website of any temporary adjustment adopted under subparagraph (ii) of this paragraph; and 2. Commence the public notice and comment procedures under paragraphs (3) and (4) of this subsection immediately. (iv) An emergency status determination may not exceed 300 days and may be subject to one or more additional conditions imposed by the Authority. (v) When the emergency status expires, the temporary adjustments adopted under subparagraph (ii) of this paragraph shall end. (b) The rentals, rates, fees, tolls, and other charges and revenues designated as security for any bonds issued under this subtitle shall be fixed and adjusted from time to time, either with respect to a particular transportation facilities project or in respect of the aggregate of the charges and revenues from other transportation facilities projects under the control of the Authority, as may be specified by law or in any applicable resolution or trust agreement, so as to provide funds that, together with any other available revenues, are sufficient as long as the bonds are outstanding and unpaid to: (1) Pay the costs of maintaining, repairing, and operating the transportation facilities project or projects financed in whole or in part by one or more series of outstanding and unpaid bonds, to the extent that payment is not otherwise provided; (2) Pay the principal of and the interest on these bonds as they become due and payable; (3) Create reasonable reserves that are anticipated will be needed for these purposes; and (4) Provide funds for paying the cost of replacements, renewals, and improvements. (c) (1) Except as otherwise provided in this subsection, the rentals, rates, fees, tolls, and other charges and revenues are not subject to supervision or regulation by any instrumentality, agency, or unit of this State or any of its political subdivisions. (2) This subtitle does not permit the exercise of any power or the undertaking of any activity that would conflict with the provisions and limitations of the federal Urban Mass Transportation Act of 1964. (3) Tolls for the use of the bridge carrying the John F. Kennedy Memorial Highway over the Susquehanna River may not be less than the comparable tolls charged for the use of the Susquehanna River Bridge. (4) Prior to fixing or revising tolls on any part of any transportation facilities project, the Authority shall provide, in accordance with § 2–1257 of the State Government Article, to the Senate Budget and Taxation Committee, Senate Finance Committee, House Appropriations Committee, and House Ways and Means Committee information on the proposed toll charges, including: (i) The annual revenues generated by the toll charges; (ii) The proposed use of the revenues; and (iii) The proposed commuter discount rates.

Md. Code, Transportation § 4-312.1

§4–312.1. The Maryland Transportation Authority shall take whatever steps may be necessary to obtain a modification of the trust agreement, dated as of July 1, 1978, between the Authority and Maryland National Bank, as trustee, to permit free access to and from the John F. Kennedy Memorial Highway from the ramps in Harford County and Cecil County. Upon the execution of this modification of the trust agreement, and after the cost of obtaining this modification has been recouped by the State through the accumulated revenues produced by the ramp tolls on the Kennedy Highway in Harford County and Cecil County, the Authority shall eliminate the ramp tolls on the Kennedy Highway in Harford County and Cecil County and may not thereafter charge or collect tolls at these ramps.

Md. Code, Transportation § 4-313

(a) (1) All rentals, rates, fees, tolls, and other charges and revenues derived from any transportation facilities project shall be set aside in a fund known as the “Transportation Authority Fund”, except to the extent that they are pledged under an applicable trust agreement to secure either: (i) Revenue bonds issued under this subtitle if the trust agreement or bond authorizing resolution expressly provides that this section does not apply to those bonds; or (ii) Revenue bonds of prior issues. (2) The Transportation Authority Fund shall be pledged to and charged with the payment of: (i) The interest on bonds issued under this subtitle as it falls due; (ii) The principal of the bonds as it falls due; (iii) The necessary charges of paying agents for paying principal and interest; and (iv) The redemption price or purchase price of bonds retired by call or purchase as provided in the bond authorizing resolution or trust agreement. (b) (1) The pledge is valid and binding from the time it is made. (2) Rentals, rates, fees, tolls, and other charges and revenues or other money so pledged and later received by the Authority immediately shall be subject to the lien of the pledge without physical delivery or any further act. (3) The lien of the pledge is valid and binding as against all parties having any claims of any kind in tort, contract, or otherwise against the Authority, whether or not these parties have notice of the pledge. (4) Notwithstanding any law to the contrary, neither the resolution nor any trust agreement by which a pledge is created need be filed or recorded other than in the records of the Authority. (c) (1) Any amount set aside in the Transportation Authority Fund that is not needed to provide for the payment of the items specified in subsections (a)(2) and (b) of this section may be transferred, upon the recommendation of the Secretary and after the approval of the Board of Public Works, to the Transportation Trust Fund to be used as appropriated by the General Assembly unless prohibited by any applicable resolution or trust agreement. (2) The use and disposition of money to the credit of the Transportation Authority Fund is subject to the provision of the applicable bond authorizing resolution or trust agreement.

Md. Code, Transportation § 4-314

(a) Without in any way limiting or restricting its effect or application, this subtitle is intended to authorize the Authority to finance any one or more or any combination of transportation facilities projects by any one or more or combination of issues or series of bonds secured by the pledge of the net or gross or any combination of the net or gross rentals, rates, fees, tolls, and other charges and revenues derived from any transportation facilities project or combination of projects designated by any bond authorizing resolution or trust agreement securing the bonds. (b) However, all funds collected from rentals, rates, fees, tolls, and other charges and revenues which are not needed to meet the costs which they are required to meet under § 4–312 of this subtitle or any trust agreement and are not needed to meet obligations of the Transportation Authority Fund, may be used in the discretion of the Secretary to provide adequate and complete payment of all principal and interest on all bonds issued in connection with the John F. Kennedy Memorial Highway and any project constructed under the provisions of Section 3 (Bridge, Tunnel, and Motorway Revenue Bonds) of Chapter 608, of the Acts of the General Assembly of 1976. All such remaining funds thereafter remaining may be transferred, upon the recommendation of the Secretary and after the approval of the Board of Public Works, to the Transportation Trust Fund and may be used for any purpose to which funds in the Transportation Trust Fund may be applied.

Md. Code, Transportation § 4-315

All money that is received by the Authority as proceeds from the sale of revenue bonds, notes, or other evidences of obligation under this subtitle and by way of rentals, rates, fees, tolls, and other charges and revenues derived from any transportation facilities project or combination of projects and that is designated by any authorizing resolution or trust agreement as security for the bonds, notes, or other evidences of obligation shall be deemed to be trust funds to be held and applied only as provided in this subtitle.

Md. Code, Transportation § 4-316

Except to the extent restricted by the trust agreement, the trustee or any holder of revenue bonds issued under this subtitle or of any of the coupons appertaining to the bonds may: (1) Bring a suit, action, mandamus, or other proceeding at law or in equity to protect and enforce any right under the laws of this State or under the bond authorizing resolution or trust agreement; and (2) Enforce and compel the performance of all duties required by this subtitle or by the trust agreement to be performed by the Authority or by any of its officers, including the fixing, charging, and collecting of rentals, rates, fees, tolls, and other charges and revenues.

Md. Code, Transportation § 4-317

All public officers and public agencies of this State and its political subdivisions, all banks, trust companies, savings and loan associations, investment companies, and others carrying on a banking business, all insurance companies, insurance associations, and others carrying on an insurance business, all personal representatives, guardians, trustees, and other fiduciaries, and all other persons may legally and properly invest funds, including capital in their control or belonging to them, in revenue bonds, notes, and other evidences of obligation issued under this subtitle. These bonds, notes, and other evidences of obligation may legally and properly be deposited with and received by any State or municipal officer or any agency or political subdivision of this State for any purpose for which the deposit of bonds or other obligations of this State is authorized by law.

Md. Code, Transportation § 4-318

The revenue bonds, notes, and other evidences of obligation issued under this subtitle, their transfer, the interest payable on them, and any income derived from them, including any profit realized in their sale or exchange, shall be exempt at all times from every kind and nature of taxation by this State or by any of its political subdivisions, municipal corporations, or public agencies of any kind.

Md. Code, Transportation § 4-319

(a) The revenue bonds, notes, and other evidences of obligation issued under this subtitle are not and may not be considered to constitute a debt or a pledge of the faith and credit of the State of Maryland, but shall be payable only from the funds from or revenues provided by this subtitle for that purpose. (b) All revenue bonds, notes, and other evidences of obligation issued under this subtitle shall contain a statement on their face to the effect that: (1) This State is not obligated to pay the principal of or the interest on them except from revenues; and (2) Neither the faith and credit nor the taxing power of this State is pledged to the payment of the principal of or the interest on them.

Md. Code, Transportation § 4-320

If the Authority intends to pledge any future federal aid from any source to support repayment of any debt instrument issued under this subtitle: (1) The aggregate principal amount of debt issued under this subtitle or Title 3, Subtitle 6 of this article that is secured by a pledge of future federal aid may not exceed $750,000,000; (2) The date of maturity may not be later than 12 years after the date of issue; (3) Notwithstanding § 3-215(d) of this article, if future federal aid is insufficient to pay the principal of and interest on the bonds issued under this subtitle when due, the tax levied under § 3-215 of this article, to the extent the proceeds of such tax are not necessary to provide the sinking fund required under § 3-215(c) of this article, is irrevocably pledged to the payment of the principal of and interest on the bonds issued under this subtitle as they become due and payable; (4) The lien of the pledge under item (3) of this subsection shall at all times be subordinate to the lien of the pledge of such tax under § 3-215(d) of this article to the payment of principal of and interest on consolidated transportation bonds; and (5) No part of the tax levied under § 3-215 of this article may be repealed, diminished, or applied to any other purpose until: (i) The bonds issued under this subtitle and interest on them have become due and fully paid; or (ii) Adequate and complete provision for payment of the principal and interest has been made.

Md. Code, Transportation § 4-320.1

§4–320.1. (a) The Authority may issue bond anticipation notes secured by a pledge of a line of credit extended to the State under the federal Transportation Infrastructure Finance and Innovation Act. (b) Notes issued under this section shall have a maturity date of up to 3 years after the date of issue. (c) A pledge of a line of credit as authorized under this section does not constitute the pledge of future federal revenues, and notes issued under this section are not subject to § 3–601(d) of this article or § 4–320 of this subtitle.

Md. Code, Transportation § 4-321

(a) In this section, “Intercounty Connector” means the east–west multimodal highway in Montgomery and Prince George’s counties between Interstate 270 and Interstate 95/U.S. Route 1, as described in the 2005 – 2010 Consolidated Transportation Plan. (b) The State and the Authority shall finance the Intercounty Connector as provided in this section. (c) The Authority shall: (1) Issue not more than an aggregate principal amount of $750,000,000 in bonds secured by a pledge of future federal aid; and (2) Issue revenue bonds under this subtitle that are not secured by a pledge of future federal aid. (d) The Governor shall transfer from the Transportation Trust Fund to the Authority for the Intercounty Connector $22,000,000 in fiscal 2005 and $38,000,000 in fiscal 2006. (e) The Governor shall transfer to the Authority for the Intercounty Connector: (1) From the Transportation Trust Fund, at least $30,000,000 each year for fiscal years 2007 through 2010; (2) From the General Fund or general obligation bonds, an aggregate appropriation by fiscal year 2014 equal to $264,913,000, as follows: (i) $53,000,000 for fiscal year 2007; (ii) $55,000,000 for fiscal year 2010; (iii) At least $80,000,000 for fiscal year 2011; and (iv) The remaining balance for fiscal year 2012, fiscal year 2013, or fiscal year 2014; and (3) At least $10,000,000 federal aid from any source in amounts as deemed prudent. (f) (1) In addition to other amounts provided to finance the Intercounty Connector under this section, the Authority may: (i) Issue bond anticipation notes for the Intercounty Connector secured by a pledge of a line of credit extended to the State under the federal Transportation Infrastructure Finance and Innovation Act as authorized under § 4–320.1 of this subtitle; and (ii) Use up to an amount approved by the U.S. Department of Transportation from a loan or line of credit extended to the State under the federal Transportation Infrastructure Finance and Innovation Act. (2) (i) Subject to subparagraph (ii) of this paragraph, in addition to amounts transferred to the Authority under subsections (d) and (e)(1) of this section, the Governor may transfer up to $75,000,000 from the Transportation Trust Fund to the Authority for the Intercounty Connector. (ii) Any amounts transferred from the Transportation Trust Fund under subparagraph (i) of this paragraph shall be repaid by the Authority to the Transportation Trust Fund from General Fund appropriations to the Authority. (g) (1) On or before December 1 of each year until completion of construction of the Intercounty Connector, in accordance with § 2–1257 of the State Government Article, the Authority shall submit a report on the status of the Intercounty Connector to the Senate Budget and Taxation Committee, the House Appropriations Committee, and the House Committee on Ways and Means. (2) The report required under this subsection shall include: (i) An update on the progress of the project and a comparison of the actual progress to the project schedule provided to the committees in January 2005; (ii) The revised estimate of the total project cost of the project and a statement of the reasons for any cost savings or cost overruns, relative to the estimate of $2,447,000,000 provided to the committees in January 2005; (iii) A description of any changes to the financing plan for the project, including the impact of cost savings or cost overruns, and, consistent with the intent of the General Assembly to limit the overall amount of debt used for financing the Intercounty Connector, the specific identification of sources of funds that may be applied to address any cost overruns; (iv) Planned expenditures by year, categorized by planning and engineering, right–of–way acquisitions, and construction; (v) Funding sources by year, categorized by: 1. Grant Anticipation Revenue Vehicle bond issuances; 2. Transfers from the Transportation Trust Fund; 3. Transfers from the General Fund; 4. Federal funds; 5. Authority cash reserves; 6. Authority revenue bond issuances; 7. Draws on a loan or line of credit extended to the State under the federal Transportation Infrastructure Finance and Innovation Act; 8. Bond anticipation notes; and 9. Any other revenue source; (vi) A schedule of debt service for the Grant Anticipation Revenue Vehicle bond issuances and Authority revenue bond issuances; and (vii) Financing assumptions, including maturities of bond issuances and forecasted interest rates.

Md. Code, Transportation § 4-322

(a) (1) There is a Locally Operated Transit System Grant Program. (2) The Department shall administer the program. (b) (1) The purpose of the program is to provide funds to locally operated transit systems in the State. (2) A locally operated transit system may use program funds for: (i) Capital expenses; (ii) Operating expenses; (iii) Planning expenses; and (iv) Any other eligible expense, as determined by the Department. (3) Program funds may be sourced from: (i) Federal public transportation programs, including: 1. The Urbanized Area Formula Program under 49 U.S.C. § 5307; 2. Formula Grants for Rural Areas under 49 U.S.C. § 5311; 3. The Intercity Bus Program under 49 U.S.C. § 5311(f); 4. Planning and Technical Assistance Funds under 49 U.S.C. §§ 5303 and 5304; 5. The Bus and Bus Facilities Formula Program under 49 U.S.C. § 5339; and 6. The State Large Urban Program; and (ii) State public transportation programs, including: 1. State Transit Operating and Capital Matching Funds; 2. The State Americans with Disabilities Act Program; and 3. The Statewide Special Transportation Assistance Program. (c) For fiscal year 2026 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation from the Transportation Trust Fund of at least $80,533,314 to the program for statewide program operations.

Md. Code, Transportation § 4-401

If the Authority considers it necessary or desirable to insure the proper operation and maintenance of any transportation facilities project, it may designate, establish, limit, and control the entrances and exits of the project and may prohibit entrance or exit from any undesignated point.

Md. Code, Transportation § 4-402

After study, the Authority shall erect signs at each approach to the Baltimore Harbor Tunnel Throughway to warn motorists of a delay in the flow of traffic through the tunnel, so that they may choose an alternate route.

Md. Code, Transportation § 4-404

(a) The Authority shall construct any gasoline service facilities that it finds to be needed on the John F. Kennedy Memorial Highway. (b) The Authority may require a gasoline service facility located on the John F. Kennedy Memorial Highway to sell a blend of fuel that is at least 5% biodiesel fuel or other biofuel approved by the U.S. Environmental Protection Agency as a fuel or fuel additive or approved under the EPA Renewable Fuels Standard 2 Program. (c) The Authority shall regulate the prices of fuel products sold on the highway to the extent necessary to achieve reasonable costs to patrons. (d) The lessee of any service station established under this section shall accept in payment for products sold and services rendered those credit cards that the Authority directs.

Md. Code, Transportation § 4-405

(a) For the purpose of providing information to the driving public on the availability of gas, food, lodging, or camping facilities, the Authority may place along interstate highways specific information or business signs as defined in the applicable federal standards. (b) In implementing this program, the Authority shall conform with the provisions of § 8-605(d) of this article, and shall utilize the rules and regulations adopted by the State Highway Administration under that subsection.

Md. Code, Transportation § 4-407

(a) This section applies to: (1) Caroline County; (2) Cecil County; (3) Dorchester County; (4) Kent County; (5) Queen Anne’s County; (6) Somerset County; (7) Talbot County; (8) Wicomico County; and (9) Worcester County. (b) A State agency, including the Authority, may not construct any toll road, toll highway, or toll bridge in the counties enumerated in this section without the express consent of a majority of the governments of the affected counties.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026