MD. Transportation Code Ann. §  6-204 (2021)
2021 Maryland Statutes|Transportation|Title 6 - Ports|Subtitle 2 - Maryland Port Commission and Maryland Port Administration|Section 6-204 - General Powers of Administration

    (a)    In addition to the specific powers granted under this title, and subject to the supervision of the Commission, the Administration has the powers granted by this section.    (b)    The Administration may sue and be sued in its own name.    (c)    The Administration may propose for adoption by the Commission regulations to carry out the provisions of this title.    (d)    Either directly or by expert consultants, the Administration may make any investigations and surveys, including:        (1)    Studies of business conditions, freight rates, and port services;        (2)    Physical surveys of the conditions of channels and structures;        (3)    Studies of the need for additional port facilities to develop, improve, and more speedily handle commerce; and        (4)    Any other study, survey, or estimate necessary for the exercise of its powers under this title.    (e)    The Administration may apply for and receive grants from any federal agency for the planning, construction, operation, or financing of any port facility 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 Administration may do anything necessary to promote and increase commerce within its territorial jurisdiction, including:        (1)    Purchasing advertising;        (2)    Engaging in public relations programs;        (3)    Publishing literature;        (4)    Soliciting business by correspondence and traveling representatives; and        (5)    Cooperating with civic, technical, professional, and business organizations and associations.    (g)    To increase the commerce of ports in this State, the Administration may establish and maintain a traffic bureau or other office to investigate and seek improvement in rates, rate structures, practices, and charges affecting these ports.    (h)    (1)    Except as provided in paragraph (2) of this subsection, the Administration may apply for the establishment, maintenance, and operation of foreign trade zones within its territorial jurisdiction and may operate and maintain these zones under the laws or regulations of the United States for the establishment, operation, and maintenance of foreign trade zones in ports of entry of the United States.        (2)    The Administration may not apply for the establishment, operation, and maintenance of a foreign trade zone unless it has the specific approval of the Board of Public Works. Approval of the Board of Public Works shall be based on information and advice, as received from the Department of Natural Resources, the Department of Commerce, other interested agencies of this State, and the county government of each involved county, on the potential effects of the foreign trade zone on the water resources, fisheries, and economic life of this State.    (i)    The Administration may acquire, construct, reconstruct, rehabilitate, improve, maintain, lease as lessor or as lessee, repair, and operate either directly or through State created private operating companies port facilities within its territorial jurisdiction, including the dredging of ship channels and turning basins and the filling and grading of land.    (j)    The Administration may designate the location and character of all port facilities and improvements that the Administration holds, owns, or over which it is authorized to act, and it may regulate all matters related to the location and character of these facilities and improvements.    (k)    (1)    In the exercise of its powers and the performance of its duties under this title, the Administration may acquire and hold in its own name and may lease, convey, or otherwise dispose of any property, including:            (i)    Lands lying under water;            (ii)    Riparian rights in and adjacent to lands; and            (iii)    Property devoted to a public use in or near the navigable waters within the territorial jurisdiction of the Administration.        (2)    The acquisition by or on behalf of the Administration of personal property to be used outside of this State is not subject to Title 4, Subtitle 3 of the State Finance and Procurement Article requiring purchases through the Department of General Services.    (l)    The Administration may fix, revise, charge, and collect rates, fees, rentals, or other charges for the use of any project under its control.    (m)    The Administration may appear in its own behalf before any board, commission, department, or agency of the federal government, of any state, or of any international conference and before any committee of the Congress of the United States or the General Assembly of Maryland, or any appropriate nongovernmental body, in any matter:        (1)    That relates to the design, establishment, construction, extension, operation, improvement, repair, or maintenance of a project operated and maintained by the Administration under this title;        (2)    That relates to rail rates, water rates, port services and charges, demurrage, switching, wharfage, towage, pilotage, differentials, discriminations, labor relations, trade practices, river and harbor improvements, aids to navigation, or permits for structures in navigable waters; or        (3)    That affects the physical development or business interest of the Administration and those it serves.    (n)    (1)    The Administration may employ consulting engineers, accountants, attorneys, construction and financial experts, superintendents, traveling representatives, managers, clerks, stenographers, and laborers, and any other agents and employees that it considers necessary to carry out the provisions of this subtitle.        (2)    This subsection does not affect the duties of the Attorney General specified in § 2–106 of this article.    (o)    The Administration may do anything else necessary or convenient to carry out the powers granted in this title.    (p)    The exercise of the powers under this title is an essential governmental function of the State.    (q)    (1)    The Administration, with the approval of the Commission, may create private operating companies for the purpose of operating public port facilities.        (2)    Other than employees appointed by the Commission under § 6–201.2(a) of this subtitle, employees of a private operating company created under this subsection are not State employees.