§ 4-312. Transportation facilities projects; fees charged
West's Annotated Code of MarylandTransportationEffective: July 1, 2019
Effective: July 1, 2019
MD Code, Transportation, § 4-312
§ 4-312. Transportation facilities projects; fees charged
(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.
(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 Web site 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.
(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:
(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.
(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:
(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 1964.1
(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:
Credits
Added by Acts 1977, c. 13, § 2, eff. July 1, 1977. Amended by Acts 1977, c. 280; Acts 1978, c. 941; Acts 2001, c. 29, § 6, eff. April 10, 2001; Acts 2004, c. 164, § 1, eff. July 1, 2004; Acts 2008, c. 36, § 1, eff. April 8, 2008; Acts 2011, c. 65, § 1, eff. April 12, 2011; Acts 2012, c. 66, § 1, eff. April 10, 2012; Acts 2012, c. 592, § 1, eff. Oct. 1, 2012; Acts 2014, c. 45, § 5; Acts 2019, c. 8, § 5.
Formerly Art. 89B, § 149; Art. 94A, § 18.
Footnotes
Pub.L. 88-365, July 9, 1964, 78 Stat. 302.
MD Code, Transportation, § 4-312, MD TRANS § 4-312
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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