§ 7-208. Jurisdiction of Administration over transit facilities

   (a) Jurisdiction generally. -- Subject to the authority of the Secretary and, where applicable, the Maryland Transportation Authority, the Administration has jurisdiction:

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

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

(b) (1) Recovery of fares; report. -- For fiscal year 2009 and each fiscal year thereafter, the Administration shall separately recover from fares and other operating revenues at least 35 percent of the total operating costs for:

      (i) The Administration's bus, light rail, and Metro subway services in the Baltimore region; and

      (ii) All passenger railroad services under the Administration's control.

   (2) The Administration shall submit, in accordance with § 2-1246 of the State Government Article, an annual report to the Senate Budget and Taxation Committee, House Ways and Means Committee, and House Appropriations Committee by December 1 of each year that includes:

      (i) Separate farebox recovery ratios for the prior fiscal year for:

         1. Bus, light rail, and Metro subway services provided by the Administration in the Baltimore region;

         2. Commuter bus service provided under contract to the Administration in the Baltimore region; and

         3. Maryland Area Rail Commuter (MARC) service provided under contract to the Administration;

      (ii) A discussion of the success or failure to achieve the farebox recovery requirement established in paragraph (1) of this subsection;

      (iii) Comparisons of farebox recovery ratios for the Administration's mass transit services and other similar transit systems nationwide; and

      (iv) The estimated fare prices necessary to achieve the farebox recovery requirement established in paragraph (1) of this subsection for the next fiscal year.

(b-1) Setting fare prices and collecting operating revenues to achieve farebox recovery requirement without reducing service level. -- Subject to § 7-506 of this title, the Administration:

   (1) Subject to paragraphs (2), (3), (4), (5), and (6) of this subsection, shall set the fare prices and collect other operating revenues in an amount sufficient to achieve the farebox recovery requirement established in subsection (b) of this section;

   (2) Beginning in fiscal year 2015, shall:

      (i) On a biennial basis, increase base fare prices and the cost of multiuse passes to the nearest 10 cents for all transit services except those services listed in subparagraph (ii) of this paragraph by the same percentage as the biennial increase in the Consumer Price Index for all urban consumers, as determined from January 1, 2012, to December 31, 2013, and each subsequent 2-year period for which the amount is being calculated;

      (ii) Every 5 years, increase one-way zone fare prices and the cost of multiuse passes to the nearest dollar for commuter rail and commuter bus service by:

         1. At least the same percentage as the 5-year increase in the Consumer Price Index for all urban consumers, as determined from January 1, 2009, to December 31, 2013, and each subsequent 5-year period for which the amount is being calculated; and

         2. Any additional amount the Administration determines is necessary after considering factors affecting commuting costs applicable to the jurisdictions in which the Administration provides commuter service, including:

            A. Monthly parking fees;

            B. The retail price per gallon of motor fuel;

            C. The amount of any monthly federal commuting subsidy;

            D. Fare prices for intercity rail service; and

            E. Any other relevant commuting costs; and

   (3) May not reduce the level of services provided by the Administration for the purpose of achieving the farebox recovery requirement;

   (4) May not increase fares for all transit services except those services listed in paragraph (2)(ii) of this subsection by more than the amount required under paragraph (2)(i) of this subsection;

   (5) May not increase fares under paragraph (2)(i) and (ii)1 of this subsection if there is a decline or no growth in the Consumer Price Index; and

   (6) Shall include the amount of any increase in fares that would have occurred previously in the absence of rounding to the nearest 10 cents or nearest dollar when calculating fare increases for subsequent periods under paragraph (2)(i) and (ii)1 of this subsection.

(b-2) Increase in fare prices. -- An increase in the Administration's fare prices by the minimum amount required under subsection (b-1) of this section is not subject to the requirements of § 7-506 of this article.

(c) Performance indicators; report. --

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

      (i) Operating expenses per revenue vehicle mile;

      (ii) Operating expenses per passenger trip; and

      (iii) Passenger trips per revenue vehicle mile.

   (2) The Administration shall submit, in accordance with § 2-1246 of the State Government Article, an annual performance report to the Senate Budget and Taxation Committee, House Ways and Means Committee, and House Appropriations Committee by December 1 of each year on:

      (i) The status of the performance indicators listed in paragraph (1) of this subsection for the prior fiscal year, including a discussion of the failure or success in meeting the goals established for the prior fiscal year by the Administration;

      (ii) The status of managing-for-results goals of the Administration as they pertain to mass transit service in the Baltimore area;

      (iii) Comparisons of performance indicators for the Administration's mass transit services and other similar systems nationwide; and

      (iv) The Administration's goals for each of the measures in paragraph (1) of this subsection for the next fiscal year.

(d) Management audit. --

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

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

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

(e) Determinations not subject to judicial review. -- The determinations of the Secretary, Administration, or Maryland Transportation Authority as to the type of service performed or the rentals, rates, fees, fares, and other charges imposed are not subject to judicial review or to the processes of any court.

(f) Public Service Commission without authority over transit facilities. -- Notwithstanding any other provision of this title or the Public Utilities Article, the Public Service Commission does not have any jurisdiction over transit facilities owned or controlled by the Administration or over any contractor operating these facilities.

(g) Administration without jurisdiction over private carriers. -- Except as provided in this title, the Administration does not have any jurisdiction over transportation in the District by private carriers.

HISTORY: An. Code 1957, art. 64B, § 29; 1977, ch. 13, § 2; 1980, ch. 775, § 21; 1982, ch. 238, § 1; 1986, ch. 396, § 1; ch. 397; 1988, ch. 105, § 2; 1989, ch. 5, § 1; 1996, ch. 655, § 1; 1998, ch. 8, § 12; 2000, chs. 210, 211; 2001, ch. 568, § 3; ch. 730; 2004, ch. 447; 2008, ch. 684; 2009, ch. 60, § 1, 5; 2010, ch. 52; 2011, ch. 397, § 1; 2013, ch. 429, § 3.