MARYLAND REGISTER
The Maryland Register is an official State publication published every
other week throughout the year. A cumulative index is published quarterly.
The Maryland Register is the temporary supplement to the Code of
Maryland Regulations. Any change to the text of regulations published in COMAR, whether by adoption, amendment,
repeal, or emergency action, must first be published in the Register.
The following information is also published regularly in the Register:
• Governor’s Executive Orders
• Attorney General’s Opinions in full text
• Open Meetings Compliance Board Opinions in full text
• State Ethics Commission Opinions in full text
• Court Rules
• District Court Administrative Memoranda
• Courts of Appeal Hearing Calendars
• Agency Hearing and Meeting Notices
• Synopses of Bills Introduced and Enacted
by the General Assembly
• Other documents considered to be in the public interest
CITATION TO THE
MARYLAND REGISTER
The Maryland Register is cited by volume, issue, page number, and date.
Example:
• 19:8 Md. R. 815—817 (April 17,
1992) refers to Volume 19, Issue 8, pages 815—817 of the Maryland Register
issued on April 17, 1992.
CODE OF MARYLAND
REGULATIONS (COMAR)
COMAR is the official compilation of all regulations issued by agencies
of the State of Maryland. The Maryland Register is COMAR’s temporary
supplement, printing all changes to regulations as soon as they occur. At least
once annually, the changes to regulations printed in the Maryland Register are
incorporated into COMAR by means of permanent supplements.
CITATION TO COMAR
REGULATIONS
COMAR regulations are cited by title number, subtitle number, chapter
number, and regulation number. Example: COMAR 10.08.01.03 refers to Title 10,
Subtitle 08, Chapter 01, Regulation 03.
DOCUMENTS INCORPORATED
BY REFERENCE
Incorporation by reference is a legal device by which a document is made
part of COMAR simply by referring to it. While the text of an incorporated
document does not appear in COMAR, the provisions of the incorporated document
are as fully enforceable as any other COMAR regulation. Each regulation that
proposes to incorporate a document is identified in the Maryland Register by an
Editor’s Note. The Cumulative Table of COMAR Regulations Adopted, Amended or
Repealed, found online, also identifies each regulation incorporating a
document. Documents incorporated by reference are available for inspection in
various depository libraries located throughout the State and at the Division
of State Documents. These depositories are listed in the first issue of the
Maryland Register published each year. For further information, call
410-974-2486.
HOW TO RESEARCH REGULATIONS
An
Administrative History at the end of every COMAR chapter gives information
about past changes to regulations. To determine if there have been any
subsequent changes, check the ‘‘Cumulative Table of COMAR Regulations Adopted,
Amended, or Repealed’’ which is found online at http://www.dsd.state.md.us/PDF/CumulativeTable.pdf.
This table lists the regulations in numerical order, by their COMAR number,
followed by the citation to the Maryland Register in which the change occurred.
The Maryland Register serves as a temporary supplement to COMAR, and the two
publications must always be used together. A Research Guide for Maryland
Regulations is available. For further information, call 410-260-3876.
SUBSCRIPTION
INFORMATION
For subscription forms for the Maryland Register and COMAR, see the back
pages of the Maryland Register. Single issues of the Maryland Register are $15.00
per issue.
CITIZEN PARTICIPATION IN
THE REGULATION-MAKING PROCESS
Maryland citizens and other interested
persons may participate in the process by which administrative regulations are
adopted, amended, or repealed, and may also initiate the process by which the
validity and applicability of regulations is determined. Listed below are some
of the ways in which citizens may participate (references are to State
Government Article (SG),
Annotated
Code of Maryland):
• By submitting data or views on proposed
regulations either orally or in writing, to the proposing agency (see
‘‘Opportunity for Public Comment’’ at the beginning of all regulations
appearing in the Proposed Action on Regulations section of the Maryland
Register). (See SG, §10-112)
• By petitioning an agency to adopt, amend,
or repeal regulations. The agency must respond to the petition. (See SG
§10-123)
• By petitioning an agency to issue a
declaratory ruling with respect to how any regulation, order, or statute
enforced by the agency applies. (SG, Title 10, Subtitle 3)
• By petitioning the circuit court for a
declaratory judgment
on
the validity of a regulation when it appears that the regulation interferes
with or impairs the legal rights or privileges of the petitioner. (SG, §10-125)
• By inspecting a certified copy of any
document filed with the Division of State Documents for publication in the
Maryland Register. (See SG, §7-213)
Maryland Register (ISSN
0360-2834). Postmaster: Send
address changes and other mail to: Maryland Register, State House, Annapolis,
Maryland 21401. Tel. 410-260-3876. Published biweekly, with cumulative indexes
published quarterly, by the State of Maryland, Division of State Documents,
State House, Annapolis, Maryland 21401. The subscription rate for the Maryland
Register is $225 per year (first class mail). All subscriptions post-paid to
points in the U.S. periodicals postage paid at Annapolis, Maryland and
additional mailing offices.
Wes Moore, Governor; Susan C. Lee,
Secretary of State; Gail S. Klakring,
Administrator; Mary D. MacDonald, Senior
Editor, Maryland Register and COMAR; Elizabeth
Ramsey, Editor, COMAR Online, and Subscription Manager; Tami Cathell,
Help Desk, COMAR and Maryland Register Online.
Front cover: State House, Annapolis, MD, built 1772—79.
Illustrations by Carolyn Anderson, Dept. of General Services
Note: All
products purchased are for individual use only. Resale or other compensated
transfer of the information in printed or electronic form is a prohibited
commercial purpose (see State Government Article, §7-206.2, Annotated Code of
Maryland). By purchasing a product, the buyer agrees that the purchase is for
individual use only and will not sell or give the product to another individual
or entity.
Closing Dates for the Maryland Register
Schedule of Closing Dates and
Issue Dates for the
Maryland Register ....................................................................... 44
COMAR Research Aids
Table
of Pending Proposals ............................................................. 45
Index of COMAR Titles Affected in
This Issue
COMAR
Title Number and Name Page
08 Department of Natural Resources ....................................... 52
09 Maryland Department of Labor ........................................... 55
10 Maryland Department of Health .......................................... 64
14 Independent Agencies ................................................... 51, 70
21 State Procurement Regulations ........................................... 72
22 State Retirement and Pension System ................................. 51
26 Department of the Environment .......................................... 73
PERSONS
WITH DISABILITIES
Individuals
with disabilities who desire assistance in using the publications and services
of the Division of State Documents are encouraged to call (410) 974-2486, or
(800) 633-9657, or FAX to (410) 974-2546, or through Maryland Relay.
The Governor
PROCLAMATIONS
Governor's Proclamation Declaring the
Election of a United
States Senator from the State of
Maryland ........................... 47
Governor's Proclamation Declaring the
Election of
Representatives in the 117th Congress
of the United States
from the State of Maryland . 47
Governor's Proclamation Declaring the
Result of the Election
of
November 8, 2022, for Constitutional Amendments . 48
The Judiciary
SUPREME COURT OF MARYLAND
DISCIPLINARY
PROCEEDINGS .................................... 50
Final Action on Regulations
14 INDEPENDENT
AGENCIES
INTERAGENCY COMMISSION ON SCHOOL
CONSTRUCTION
Administration of the Public School
Construction
Program .. 51
22 STATE
RETIREMENT AND PENSION SYSTEM
BOARD OF TRUSTEES
Procedures
for Hearings by or for the Board of Trustees . 51
Proposed Action on Regulations
08 DEPARTMENT OF NATURAL RESOURCES
WILDLIFE
Wildlife Possession . 52
09 MARYLAND DEPARTMENT OF LABOR
OFFICE OF THE SECRETARY
Apprenticeship Maryland . 55
DIVISION OF LABOR AND INDUSTRY
Model Performance Code . 55
Maryland Building Performance
Standards . 55
International Green Construction Code . 62
Maryland Building Rehabilitation Code
Regulations . 63
10 MARYLAND DEPARTMENT OF HEALTH
MEDICAL CARE PROGRAMS
Pharmacists . 64
MARYLAND HEALTHCHOICE PROGRAM
Maryland Medicaid Managed Care
Program: Benefits . 64
MEDICAL CARE PROGRAMS
Home and Community-Based Services
Waiver for Individuals
with Brain Injury . 65
HEALTH SERVICES COST REVIEW COMMISSION
Uniform Accounting and Reporting
System for Hospitals and
Related Institutions . 67
BOARD OF CHIROPRACTIC EXAMINERS
Telehealth ................................................................................. 68
BOARD OF MASSAGE THERAPY EXAMINERS
Telehealth . 69
14 INDEPENDENT AGENCIES
MARYLAND CENTER FOR SCHOOL SAFETY
Certification and Training for School
Security Employees and
School Resource Officers . 70
Critical, Life-Threatening Incidents . 71
21 STATE PROCUREMENT REGULATIONS
SOCIOECONOMIC POLICIES
Prevailing Wage—Contracts for Public
Works . 72
26 DEPARTMENT OF ENVIRONMENT
REGULATION OF WATER SUPPLY, SEWAGE DISPOSAL,
AND SOLID WASTE
On-Site Wastewater Property Transfer
Inspection
License . 73
Special Documents
DEPARTMENT OF THE ENVIRONMENT
SUSQUEHANNA RIVER BASIN COMMISSION
Grandfathering
(GF) Registration Notice . 75
Projects
Approved for Minor Modifications ........................ 75
Public
Hearing . 76
WATER AND SCIENCE ADMINISTRATION
Water
Quality Certification 22-WQC-0026 ......................... 77
Water
Quality Certification 22-WQC-0035 ......................... 77
Water Quality Certification 22-WQC-0041 . 78
DEPARTMENT OF TRANSPORTATION
MARYLAND TRANSPORTATION AUTHORITY
Notice for Public Comment — I-95 Express Toll Lanes
(ETL) Northbound Extension Project —
(Section 200) &
I-695 Ramps to Northbound I-95 ETL
Tolling Plan . 78
General Notices
STATE COLLECTION AGENCY LICENSING BOARD
Public Meeting . 80
MARYLAND HEALTH CARE COMMISSION
Public Meeting . 80
Receipt of Application . 80
COMAR
Online
The Code of Maryland
Regulations is available at www.dsd.state.md.us as a free service of the Office
of the Secretary of State, Division of State Documents. The full text of
regulations is available and searchable. Note, however, that the printed COMAR
continues to be the only official and enforceable version of COMAR.
The Maryland Register is
also available at www.dsd.state.md.us.
For additional
information, visit www.dsd.maryland.gov, Division
of State Documents, or call us at (410) 974-2486 or 1 (800) 633-9657.
Availability
of Monthly List of
Maryland Documents
The Maryland Department of
Legislative Services receives copies of all publications issued by State
officers and agencies. The Department prepares and distributes, for a fee, a
list of these publications under the title ‘‘Maryland Documents’’. This list is
published monthly, and contains bibliographic information concerning regular
and special reports, bulletins, serials, periodicals, catalogues, and a variety
of other State publications. ‘‘Maryland Documents’’ also includes local
publications.
Anyone wishing to receive
‘‘Maryland Documents’’ should write to: Legislative Sales, Maryland Department
of Legislative Services, 90 State Circle, Annapolis, MD 21401.
CLOSING DATES AND ISSUE DATES THROUGH
DECEMBER 2023†
|
Issue
Date
|
Emergency
and Proposed
Regulations
5
p.m.*
|
Notices,
etc.
10:30
a.m.
|
Final
Regulations
10:30
a.m.
|
|
2023
|
|
February 10
|
January 23
|
January 30
|
February 1
|
|
February 24
|
February 6
|
February 13
|
February 15
|
|
March 10
|
February 17**
|
February 27
|
March 1
|
|
March 24
|
March 6
|
March 13
|
March 15
|
|
April 7
|
March 20
|
March 27
|
March 29
|
|
April 21
|
April 3
|
April 10
|
April 12
|
|
May 5
|
April 17
|
April 24
|
April 26
|
|
May 19
|
May 1
|
May 8
|
May 10
|
|
June 2
|
May 15
|
May 22
|
May 24
|
|
June 16
|
May 26**
|
June 5
|
June 7
|
|
June 30
|
June 12
|
June 16 **
|
June 21
|
|
July 14
|
June 26
|
July 3
|
July 5
|
|
July 28
|
July 10
|
July 17
|
July 19
|
|
August 11
|
July 24
|
July 31
|
August 2
|
|
August 25
|
August 7
|
August 14
|
August 16
|
|
September 8
|
August 21
|
August 28
|
August 30
|
|
September 22
|
September
1**
|
September 11
|
September 13
|
|
October 6
|
September 18
|
September 25
|
September 27
|
|
October 20
|
October 2
|
October 6**
|
October 11
|
|
November 3
|
October 16
|
October 23
|
October 25
|
|
November 17
|
October 30
|
November 6
|
November 8
|
|
December 1
|
November 13
|
November 20
|
November 22
|
|
December 15
|
November 27
|
December 4
|
December 6
|
|
December 29
|
December 11
|
December 18
|
December 20
|
† Please
note that this table is provided for planning purposes and that the Division of
State Documents (DSD) cannot guarantee submissions will be published in an
agency’s desired issue. Although DSD strives to publish according to the schedule
above, there may be times when workload pressures prevent adherence to it.
* Also note that proposal deadlines are for
submissions to DSD for publication
in the Maryland Register and do not take into account the 15-day AELR review
period. The due date for documents containing 8 to 18 pages is 48 hours before
the date listed; the due date for documents exceeding 18 pages is 1 week before
the date listed.
NOTE: ALL DOCUMENTS MUST BE SUBMITTED IN TIMES NEW
ROMAN, 9-POINT, SINGLE-SPACED FORMAT. THE PAGE COUNT REFLECTS THIS FORMATTING.
** Note closing date changes.
The regular closing date for Proposals and
Emergencies is Monday.
Cumulative Table of COMAR Regulations
Adopted, Amended, or Repealed
This
table, previously printed in the Maryland Register lists the regulations, by
COMAR title, that have been adopted, amended, or repealed in the Maryland
Register since the regulations were originally published or last supplemented
in the Code of Maryland Regulations (COMAR). The table is no longer printed
here but may be found on the Division of State Documents website at
www.dsd.state.md.us.
Table of Pending Proposals
The table below lists proposed changes to
COMAR regulations. The proposed changes are listed by their COMAR number,
followed by a citation to that issue of the Maryland Register in which the
proposal appeared. Errata pertaining to proposed regulations are listed,
followed by “(err)”. Regulations referencing a document incorporated by
reference are followed by “(ibr)”. None of the proposals listed in this table
have been adopted. A list of adopted proposals appears in the Cumulative Table
of COMAR Regulations Adopted, Amended, or Repealed.
03 COMPTROLLER OF THE TREASURY
03.02.01.03—.07,.09,.11—.22 • 49:21 Md. R. 954 (10-7-22)
03.02.03.01—.08 • 49:21 Md. R. 954 (10-7-22)
03.02.05.01—.12 • 49:21 Md. R. 954 (10-7-22)
03.02.06.01—.05 • 49:21 Md. R. 954 (10-7-22)
05 DEPARTMENT OF HOUSING
AND COMMUNITY DEVELOPMENT
05.20.05.01—.12 •
49:25 Md. R. 1054 (12-2-22)
07 DEPARTMENT OF HUMAN
SERVICES
07.02.01.10 • 49:9 Md. R. 532
(4-22-22)
08 DEPARTMENT OF NATURAL
RESOURCES
08.02.04.11 •
49:15 Md. R. 742 (7-15-22)
49:18 Md. R. 855 (8-26-22) (err)
08.03.09.11 •
50:2 Md. R. 52 (1-27-23)
08.18.12.05 •
49:27 Md. R. 1113 (12-30-22)
08.18.26.06 •
50:1 Md. R. 10 (1-13-23)
09 MARYLAND DEPARTMENT OF LABOR
09.01.12.01—.08 • 50:2 Md. R. 55 (1-27-23)
09.09.03.03 • 49:25 Md. R. 1057 (12-2-22)
09.12.32.01—06 • 49:21 Md. R. 953 (10-7-22)
09.12.50.02,.02-1,.03 • 50:2 Md. R. 55 (1-27-23)
(ibr)
09.12.51.04 • 50:2 Md. R. 55 (1-27-23)
09.12.57.01,.02 • 50:2 Md. R. 62 (1-27-23) (ibr)
09.12.58.03,.04 • 50:2 Md. R. 63 (1-27-23) (ibr)
09.12.81.02 • 50:1 Md. R. 11 (1-13-23) (ibr)
09.32.12.01—.05 • 49:17 Md. R. 798 (8-12-22)
09.37.05.01—.08 •
49:26 Md. R. 1083 (12-16-22)
10 MARYLAND DEPARTMENT OF HEALTH
Subtitle 09 (2nd volume)
10.09.02.01,.03—.05,.07—.09,.11
• 50:1 Md. R. 11 (1-13-23) (ibr)
10.09.05.01,.03—.07
• 49:27 Md. R. 1113 (12-30-22)
10.09.21.02—.04,.06
• 50:2 Md. R. 64 (1-27-23)
10.09.31.01,.03—.06
• 49:22 Md. R. 982 (10-21-22)
10.09.40.01—.06 •
50:1 Md. R. 13 (1-13-23)
10.09.41.04,.07 •
49:16 Md. R. 762 (7-29-22)
10.09.46.01,.04,.05,.09-1,.12
• 50:2 Md. R. 65 (1-27-23)
10.09.49.03—.10 •
49:24 Md. R. 1028 (11-18-22)
10.09.52.01—.06 •
50:1 Md. R. 13 (1-13-23)
10.09.55.03,.06 •
49:27 Md. R. 1115 (12-30-22)
10.09.76.01,.03,.05
• 50:1 Md. R. 13 (1-13-23)
10.09.77.01,.03—.07,.10
• 50:1 Md. R. 21 (1-13-23)
10.09.95.05 •
49:23 Md. R. 999 (11-4-22)
10.09.96.01,.02,.05,.06
• 49:24 Md. R. 1028 (11-18-22)
Subtitles 10—22 (3rd volume)
10.15.07.01 • 49:27 Md. R. 1116
(12-30-22) (ibr)
10.21.01.04,.08 • 49:23 Md. R.
1000 (11-4-22)
Subtitles 23—36 (4th volume)
10.28.01.01—.06 •
49:26 Md. R. 1084 (12-16-22)
10.32.01.03 •
49:16 Md. R. 768 (7-29-22)
10.32.02.03 •
49:16 Md. R. 768 (7-29-22)
10.32.02.10 •
49:16 Md. R. 769 (7-29-22)
Subtitles 37—52 (5th volume)
10.37.01.02 •
50:2 Md. R. 67 (1-27-23) (ibr)
10.37.10.26 •
49:18 Md. R. 822 (8-26-22)
10.38.13.01—.06 •
50:1 Md. R. 22 (1-13-23)
10.40.12.01—.06 •
49:26 Md. R. 1085 (12-16-22)
10.41.06.01—.06 •
49:26 Md. R. 1087 (12-16-22)
10.42.10.01—.06 •
49:26 Md. R. 1088 (12-16-22)
10.43.17.01—.06 •
50:2 Md. R. 68 (1-27-23)
10.46.08.01—.06 •
49:27 Md. R. 1116 (12-30-22)
10.47.07.02—.05-1,.07—.09
• 50:1 Md. R. 24 (1-13-23)
Subtitles 53—68 (6th volume)
10.56.10.01—.06 •
49:27 Md. R. 1117 (12-30-22)
10.58.06.01—.06 •
49:26 Md. R. 1090 (12-16-22)
10.58.16.02,.13—.19
• 49:26 Md. R. 1090 (12-16-22)
10.60.01.01 •
50:1 Md. R. 26 (1-13-23)
10.60.02.06 •
50:1 Md. R. 26 (1-13-23)
10.60.03.01 •
50:1 Md. R. 26 (1-13-23)
10.60.06.01 •
50:1 Md. R. 26 (1-13-23)
10.65.10.01—.06 •
50:2 Md. R. 69 (1-27-23)
10.67.06.04 •
50:2 Md. R. 64 (1-27-23)
10.67.06.26-6 •
49:22 Md. R. 982 (10-21-22)
11 DEPARTMENT OF
TRANSPORTATION
Subtitles 01—10
11.01.18.01—.06 • 49:27 Md. R.
1118 (12-30-22)
11.02.06.01,.02 • 49:26 Md. R.
1092 (12-16-22)
11.03.01.01,.04 • 49:25 Md. R.
1057 (12-2-22)
12 DEPARTMENT OF PUBLIC
SAFETY AND CORRECTIONAL SERVICES
12.04.11.01—.08 • 50:1 Md. R. 28
(1-13-23)
13A STATE BOARD OF EDUCATION
13A.03.02.02,.04,.06,.07,.09,.09-1
• 49:9 Md. R. 533 (4-22-22)
13A.03.05.02—.04
• 49:26 Md. R. 1093 (12-16-22)
13A.06.10.01—.05
• 49:26 Md. R. 1093 (12-16-22)
13A.07.06.01—.15
• 49:1 Md. R. 39 (1-3-22) (ibr)
13A.08.01.01 •
49:26 Md. R. 1095 (12-16-22)
13A.12.01.01—.14
• 49:2 Md. R. 92 (1-14-22)
13A.12.02.01—.29
• 49:2 Md. R. 92 (1-14-22)
13A.12.03.01—.12
• 49:2 Md. R. 92 (1-14-22)
13A.12.04.01—.16
• 49:2 Md. R. 92 (1-14-22)
13A.12.05.01—.15
• 49:2 Md. R. 92 (1-14-22)
13A.12.06.01—.09
• 49:2 Md. R. 92 (1-14-22)
13A.12.07.01—.08
• 49:2 Md. R. 92 (1-14-22)
13A.15.01.02 •
49:24 Md. R. 1032 (11-18-22)
13A.15.04.03 •
49:24 Md. R. 1032 (11-18-22)
13A.15.13.01—.10
• 49:24 Md. R. 1032 (11-18-22)
13A.15.14.01—.09
• 49:24 Md. R. 1032 (11-18-22)
13A.15.15.01—.08
• 49:24 Md. R. 1032 (11-18-22)
13A.15.16.01—.04
• 49:24 Md. R. 1032 (11-18-22)
13B MARYLAND HIGHER
EDUCATION COMMISSION
13B.08.01.02 •
49:16 Md. R. 772 (7-29-22)
13B.08.13.03 •
49:17 Md. R. 802 (8-12-22)
13B.08.14.02,.06,.07
• 49:17 Md. R. 803 (8-12-22)
14 INDEPENDENT AGENCIES
14.04.09.01—.04 •
49:9 Md. R. 536 (4-22-22)
14.09.04.03 •
50:1 Md. R. 30 (1-13-23)
14.22.01.09—.11 •
50:1 Md. R. 32 (1-13-23)
14.22.02.02 •
50:1 Md. R. 32 (1-13-23)
14.40.04.01—.03 •
50:2 Md. R. 70 (1-27-23)
14.40.05.03,.04 •
50:2 Md. R. 71 (1-27-23)
15 MARYLAND DEPARTMENT OF
AGRICULTURE
15.03.01.02 •
49:18 Md. R. 832 (8-26-22) (ibr)
15.03.02.01 •
49:18 Md. R. 832 (8-26-22) (ibr)
15.14.10.02,.05 •
49:20 Md. R. 920 (9-23-22)
15.14.16.02—.04 •
49:20 Md. R. 921 (9-23-22)
20 PUBLIC SERVICE
COMMISSION
20.50.02.02 • 49:25 Md. R. 1058
(12-2-22) (ibr)
20.50.09.01,.06,.14
• 49:26 Md. R. 1095 (12-16-22)
21 STATE PROCUREMENT
REGULATIONS
21.11.11.01,.06,.07 • 50:2 Md. R.
72 (1-27-23)
26 DEPARTMENT OF THE
ENVIRONMENT
Subtitles 01—07 (Part 1)
26.04.12.01—.07 • 50:2 Md. R. 73
(1-27-23)
Subtitles 08—12 (Part 2)
26.11.19.20 •
49:27 Md. R. 1119 (12-30-22)
26.11.42.01—.11 •
49:27 Md. R. 1119 (12-30-22) (ibr)
27 CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL
BAYS
27.01.01.01 •
49:25 Md. R. 1062 (12-2-22)
27.01.02.06-1,.06-3
• 49:25 Md. R. 1062 (12-2-22)
27.01.04.01,.01-1,.02,.03
• 49:25 Md. R. 1062 (12-2-22)
27.01.09.01,.01-2,.01-3
• 49:25 Md. R. 1062 (12-2-22)
27.01.14.06 •
49:25 Md. R. 1062 (12-2-22)
27.02.01.01 •
49:25 Md. R. 1062 (12-2-22)
27.02.05.05,.15-3
• 49:25 Md. R. 1062 (12-2-22)
30 MARYLAND INSTITUTE FOR
EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)
30.08.05.13 •
50:1 Md. R. 37 (1-13-23)
33 STATE BOARD OF
ELECTIONS
33.01.07.01—.06 •
49:9 Md. R. 537 (4-22-22)
33.11.04.04 • 49:25 Md. R. 1065
(12-2-22)
The Governor
PROCLAMATION
Governor's Proclamation Declaring the Election of a United States
Senator from the State of Maryland
WHEREAS, it appearing from the certified copies of the
returns of a general election held in the State of Maryland, on Tuesday,
November 8, 2022, for the United States Senator; that
FOR THE UNITED STATES
SENATOR
Chris Van Hollen received 1,316,897 votes
Chris Chaffee received 682,293 votes
Scottie Griffin (Write-In) received 334 votes
Andrew J. Wildman (Write-In) received 89 votes
Other Write Ins (Write-In) received 2,698 votes
NOW, THEREFORE, I, Lawrence
J. Hogan, Jr., Governor, in compliance with Election Law Article,
Section 11, of the Annotated Code of Maryland, DO BY THIS PROCLAMATION DECLARE
AND PROCLAIM, that
FOR THE UNITED STATES
SENATOR:
Chris Van Hollen having received the greatest number of
votes cast at the election, is duly elected to the office set forth above.
GIVEN Under My Hand and the Great
Seal of the State of Maryland, in the City of Annapolis, this 14th day of
December in the Year of Our Lord, Two Thousand Twenty Two.
LAWRENCE J. HOGAN, JR.
Governor
ATTEST:
JOHN C. WOBENSMITH
Secretary of State
[23-02-01]
PROCLAMATION
Governor's Proclamation
Declaring the Election of Representatives in the 117th Congress of the United
States from the State of Maryland
WHEREAS, it appearing
from the certified copies of the returns of a general election held in the
State of Maryland, on Tuesday, November 8, 2022, for the Representative of the
First Congressional District in the 118th Congress of the United States; that
FOR THE REPRESENTATIVE OF THE FIRST
CONGRESSIONAL DISTRICT IN THE 118TH CONGRESS OF THE UNITED STATES
Andy Harris received 159,673
votes
Heather R. Mizeur
received 126,511 votes
Daniel Frank
Thibeault received 6,924 votes
Other Write Ins
(Write-In) received 220 votes
WHEREAS, it appearing
from the certified copies of the returns of a general election held in the
State of Maryland, on Tuesday, November 8, 2022, for the Representative of the
Second Congressional District in the 118th Congress of the United States; that
FOR THE REPRESENTATIVE OF THE SECOND
CONGRESSIONAL DISTRICT IN THE 118TH CONGRESS OF THE UNITED STATES
C.A. Dutch Ruppersberger
received 158,998 votes
Nicolee Ambrose
received 109,075 votes
Other Write Ins
(Write-In) received 361 votes
WHEREAS, it appearing
from the certified copies of the returns of a general election held in the
State of Maryland, on Tuesday, November 8, 2022, for the Representative of the
Third Congressional District in the 118th Congress of the United States; that
FOR THE REPRESENTATIVE OF THE THIRD
CONGRESSIONAL DISTRICT IN THE 118TH CONGRESS OF THE UNITED STATES
John Sarbanes
received 175,514 votes
Yuripzy Morgan
received 115,801 votes
Other Write Ins
(Write-In) received 287 votes
WHEREAS, it appearing
from the certified copies of the returns of a general election held in the
State of Maryland, on Tuesday, November 8, 2022, for the Representative of the
Fourth Congressional District in the 118th Congress of the United States; that
FOR THE REPRESENTATIVE OF THE FOURTH
CONGRESSIONAL DISTRICT IN THE 118TH CONGRESS OF THE UNITED STATES
Glenn F. Ivey
received 144,168 votes
Jeff Warner received
15,441 votes
Other Write Ins
(Write-In) received 400 votes
WHEREAS, it appearing
from the certified copies of the returns of a general election held in the
State of Maryland, on Tuesday, November 8, 2022, for the Representative of the
Fifth Congressional District in the 118th Congress of the United States; that
FOR THE REPRESENTATIVE OF THE FIFTH
CONGRESSIONAL DISTRICT IN THE 118TH CONGRESS OF THE UNITED STATES
Steny Hoyer received
182,478 votes
Chris Palombi
received 94,000 votes
Other Write Ins
(Write-In) received 442 votes
WHEREAS, it appearing
from the certified copies of the returns of a general election held in the
State of Maryland, on Tuesday, November 8, 2022, for the Representative of the
Sixth Congressional District in the 118th Congress of the United States; that
FOR THE REPRESENTATIVE OF THE SIXTH
CONGRESSIONAL DISTRICT IN THE 118TH CONGRESS OF THE UNITED STATES
David J. Trone
received 140,295 votes
Neil C. Parrott
received 115,771 votes
Other Write Ins
(Write-In) received 332 votes
WHEREAS, it appearing
from the certified copies of the returns of a general election held in the
State of Maryland, on Tuesday, November 8, 2022, for the Representative of the
Seventh Congressional District in the 118th Congress of the United States; that
FOR THE REPRESENTATIVE OF THE SEVENTH
CONGRESSIONAL DISTRICT IN THE 118TH CONGRESS OF THE UNITED STATES
Kweisi Mfume received
151,640 votes
Scott M. Collier
received 32,737 votes
Other Write Ins
(Write-In) received 424 votes
WHEREAS, it appearing
from the certified copies of the returns of a general election held in the
State of Maryland, on Tuesday, November 8, 2022, for the Representative of the
Eighth Congressional District in the 118th Congress of the United States; that
FOR THE REPRESENTATIVE OF THE EIGHTH CONGRESSIONAL
DISTRICT IN THE 118TH CONGRESS OF THE UNITED STATES
Jamie Raskin received
211,842 votes
Gregory Thomas Coll
received 47,965 votes
Andrés Garcia
received 4,125 votes
Other Write Ins
(Write-In) received 274 votes
NOW, THEREFORE, I, Lawrence
J. Hogan, Jr., Governor, In Compliance with Election Law Article, Section 11,
of the Annotated Code of Maryland, DO BY THIS PROCLAMATION DECLARE AND
PROCLAIM, THAT
FOR THE REPRESENTATIVE OF THE FIRST
CONGRESSIONAL DISTRICT IN THE 118TH CONGRESS OF THE UNITED STATES:
Andy Harris having
received the greatest number of votes cast at the election, is duly elected to
the office set forth above.
FOR THE REPRESENTATIVE OF THE SECOND
CONGRESSIONAL DISTRICT IN THE 118TH CONGRESS OF THE UNITED STATES:
C.A. Dutch Ruppersberger
having received the greatest number of votes cast at the election, is duly
elected to the office set forth above.
FOR THE REPRESENTATIVE OF THE THIRD
CONGRESSIONAL DISTRICT IN THE 118TH CONGRESS OF THE UNITED STATES:
John Sarbanes having received
the greatest number of votes cast at the election, is duly elected to the
office set forth above.
FOR THE REPRESENTATIVE OF THE FOURTH
CONGRESSIONAL DISTRICT IN THE 118TH CONGRESS OF THE UNITED STATES:
Glenn F. Ivey having
received the greatest number of votes cast at the election, is duly elected to
the office set forth above.
FOR THE REPRESENTATIVE OF THE FIFTH
CONGRESSIONAL DISTRICT IN THE 118TH CONGRESS OF THE UNITED STATES:
Steny Hoyer having
received the greatest number of votes cast at the election, is duly elected to
the office set forth above.
FOR THE REPRESENTATIVE OF THE SIXTH
CONGRESSIONAL DISTRICT IN THE 118TH CONGRESS OF THE UNITED STATES:
David J. Trone having
received the greatest number of votes cast at the election, is duly elected to
the office set forth above.
FOR THE REPRESENTATIVE OF THE SEVENTH
CONGRESSIONAL DISTRICT IN THE 118TH CONGRESS OF THE UNITED STATES:
Kweisi Mfume having
received the greatest number of votes cast at the election, is duly elected to
the office set forth above.
FOR THE REPRESENTATIVE OF THE EIGHTH
CONGRESSIONAL DISTRICT IN THE 118TH CONGRESS OF THE UNITED STATES:
Jamie Raskin having
received the greatest number of votes cast at the election, is duly elected to
the office set forth above.
GIVEN Under My Hand and the Great Seal of the State of Maryland, in the
City of Annapolis, this 14th day of December, 2022.
LAWRENCE J. HOGAN, JR.
Governor
ATTEST:
JOHN C. WOBENSMITH
Secretary of State
[23-02-02]
PROCLAMATION
Governor's Proclamation Declaring the Result of the Election of
November 8, 2022, for Constitutional Amendments
WHEREAS, the General Assembly of Maryland at its Regular
Session enacted Chapter 82 of the Acts of the General Assembly of 2021, (Ch. 82
of the 2021 Legislative Session), Court of Appeals and Special Appeals -
Renaming; and Chapter 808 of the Acts of the General Assembly of 2021, (Ch. 808
of 2021 Legislative Session), Legislative Department - Eligibility to Serve as
Senators and Delegates - Place of Abode; and Chapter 809 of the Acts of the
General Assembly of 2021, (Ch. 809 of 2021 Legislative Session), Civil Jury
Trials; and Chapter 45 of the Acts of the General Assembly of 2022, (Ch. 45 of
the 2022 Legislative Session), Cannabis - Legalization of Adult Use and
Possession; and Chapter 539 of the Acts of the General Assembly of 2022, (Ch.
539 of the 2022 Legislative Session), Circuit Court for Howard County- Judges
Sitting as Orphans' Court proposing amendments to the Constitution of Maryland;
WHEREAS, The General Assembly also determined that Chapter
539 is proposing an amendment to the Maryland Constitution that affects only
one county and that the provisions of Article, § 1 of the Maryland Constitution
concerning local approval of constitutional amendments apply.
WHEREAS, The above recited Acts and Article of the
Constitution, provide for the submission of the amendments to the legal and
qualified voters of the State for their adoption or rejection, at the election
held on November 8, 2022; and
WHEREAS, Chapter 539 of the Acts of the General Assembly of
2022 provide for the submission of the amendment to the legal and qualified
voters of Howard County for their adoption or rejection, at the election held
on November 8, 2022; and
WHEREAS, The Acts were submitted to the legal and qualified
voters of the State during that election and from the certified copies of the
returns of the election were as follows:
As to Chapter 82 of the Acts of the General Assembly of 2021
relating to (Ch. 82 of the 2021 Legislative Session), Court of Appeals and
Special Appeals - Renaming (Question No. 1): 1,340,952 votes were cast for the
adoption, and 447,252 votes were cast against the adoption; and
As to Chapter 808 of the Acts of the General Assembly of
2021 relating to (Ch. 808 of 2021 Legislative Session), Legislative Department
- Eligibility to Serve as Senators and Delegates - Place of Abode (Question No.
2): 1,684,519 votes were cast for the adoption, and 183,099 votes were cast
against the adoption; and
As to Chapter 809 of the Acts of the General Assembly of
2021 relating to (Ch. 809 of 2021 Legislative Session), Civil Jury Trials
(Question No. 3): 1,132,822 votes were cast for the adoption, and 679,451 votes
were cast against the adoption; and
As to Chapter 45 of the Acts of the General Assembly of 2022
relating to (Ch. 45 of the 2022 Legislative Session), Cannabis - Legalization
of Adult Use and Possession (Question No. 4): 1,302,161 votes were cast for the
adoption, and 635,572 votes were cast against the adoption; and
As to Chapter 539 of the Acts of the General Assembly of
2022 relating to (Ch. 539 of the 2022 Legislative Session), Circuit Court for
Howard County- Judges Sitting as Orphans' Court (Question No 5): statewide
1,062,187 votes were cast for the adoption, and 528,000 votes were cast against
the adoption; and in Howard County 69,863 votes were cast for the adoption, and
43,503 votes were cast against the adoption; and
NOW, THEREFORE, I, LAWRENCE
J. HOGAN, JR., GOVERNOR, pursuant to Section 1 of Article of the
Constitution of Maryland, do, by this Proclamation, declare and proclaim that
Chapter 82 of the Acts of the General Assembly of 2021, and Chapter 808 of the
Acts of the General Assembly of 2021, and Chapter 809 of the Acts of the
General Assembly of 2021, and Chapter 45 of the Acts of the General Assembly of
2022, having received the majority of votes cast for the adoption, shall become
parts of the Constitution of the State of Maryland; and Chapter 539 of the Acts
of the General Assembly of 2022, having received the majority of votes cast for
the adoption statewide and by the voters of Howard County, shall become parts
of the Constitution of the State of Maryland.
GIVEN Under My Hand and the Great
Seal of the State of Maryland, in the City of Annapolis, this 14th day of
December, 2022.
LAWRENCE J. HOGAN, JR.
Governor
ATTEST:
JOHN C. WOBENSMITH
Secretary of State
[23-02-03]
The Judiciary
SUPREME COURT OF MARYLAND
DISCIPLINARY PROCEEDINGS
This is to certify
that by an Order of this Court dated November 3, 2022, MARK LEONARD HESSEL (CPF# 8205010136) as of December 31, 2022, Mark
Leonard Hessel has been disbarred by consent and his name has been stricken
from the register of attorneys in this Court. Notice of this action is given in
accordance with Maryland Rule 19-761(b).
* *
* * *
* * *
* *
This is to certify
that by an Order of this Court dated January 3, 2023, ADAM LANE CHAUDRY (CPF# 0812160134) as of January 3, 2023, Adam
Lane Chaudry has been disbarred by consent and his name has been stricken from
the register of attorneys in this Court. Notice of this action is given in
accordance with Maryland Rule 19-761(b).
* *
* * *
* * *
* *
This is to certify
that by an Order of this Court dated January 5, 2023, BYRON KEITH FOGAN (CPF# 0906160047) as of January 5, 2023, Byron
Keith Fogan has been disbarred by consent and his name has been stricken from
the register of attorneys in this Court. Notice of this action is given in
accordance with Maryland Rule 19-761(b).
[23-02-11]
Final Action on Regulations
Symbol Key
• Roman type
indicates text already existing at the time of the proposed action.
• Italic
type indicates new text added
at the time of proposed action.
• Single underline, italic indicates new text added at the time of final action.
• Single
underline, roman indicates existing text added at the time of final action.
• [[Double
brackets]] indicate text deleted at the time of final action.
Title 14
INDEPENDENT AGENCIES
Subtitle 39 INTERAGENCY
COMMISSION ON SCHOOL CONSTRUCTION
14.39.02 Administration of the
Public School Construction Program
Authority: Education Article, §§4-126, 5-112, and 5-303; State
Finance and Procurement Article, §5-7B-07; Annotated Code of Maryland
Notice of Final Action
[22-200-F]
On January 12, 2023, the Interagency Commission on School
Construction adopted amendments to Regulation .06 under COMAR 14.39.02 Administration
of the Public School Construction Program. This action, which was proposed
for adoption in 49:23 Md. R. 1011 (November 4, 2022), has been adopted as
proposed.
Effective Date: February 6, 2023.
ALEX DONAHUE
Acting Executive Director
Title 22
STATE RETIREMENT AND PENSION SYSTEM
Subtitle 03 BOARD OF TRUSTEES
22.03.04 Procedures for
Hearings by or for the Board of Trustees
Authority: State Government Article, §10-206(b); State
Personnel and Pensions Article, §§21-108, 21-110, and 21-111; Annotated
Code of Maryland
Notice of Final Action
[22-263-F]
On January 17, 2023, the Board of Trustees for the State
Retirement and Pension System adopted amendments to Regulations .01—.11 under COMAR 22.03.04 Procedures for Hearings by or for the Board of Trustees.
This action, which was proposed for adoption in 49:25 Md. R. 1041—1070 (December
2, 2022), has been adopted as proposed.
Effective Date: February 6, 2023.
MARTIN M. NOVEN
Executive Director
Proposed Action on Regulations
Title 08
DEPARTMENT OF NATURAL RESOURCES
Subtitle 03 WILDLIFE
08.03.09 Wildlife Possession
Authority: Natural Resources Article, §§10-206 and 1-104(g),
Annotated Code of Maryland
Notice of Proposed Action
[22-283-P]
The Department of Natural Resources proposes to repeal existing
Regulation .11 and adopt new
Regulation .11 under COMAR 08.03.09 Wildlife Possession.
Statement of Purpose
The purpose of this action is to update the Deer Cooperator Permit
to better meet the needs of users and
the Service. Deer Cooperator Permits authorize users to lethally or
non-lethally control deer outside of the regular deer hunting season. They are
often used on airport grounds for human safety concerns, and on federal
government properties where deer
overpopulation is a concern. Farmers may also use the permits to remove
deer that are injurious to crops. As the
deer cooperator permit has matured, changes have been identified that will streamline its use and
better inform users of their responsibilities.
Based upon current use and demand, the permit will be separated into an
agricultural and a general license, and
four types of permits will be created under these licenses (agricultural, public safety, standard, and
non-lethal permits). The type of license and
permit requested will determine when and where they can be used, and any
qualifications for obtaining one.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to Karina Stonesifer, Associate Director,
Wildlife and Heritage Service, 12512 Pleasant Valley Road, Flintstone, MD
21530, or call 301-777-2136, or email to karina.stonesifer@maryland.gov.
Comments will be accepted through February 27, 2023. A public hearing has not
been scheduled.
.11 Deer Cooperator License.
A. Scope. A deer cooperator
license issued by the Service allows a licensee to conduct deer removal and
handling operations upon issuance of an Operational Plan in accordance with §E of
this regulation. The fee to apply for this license is $100. A license expires 1
year from the date it is issued. If the Service does not issue the license, the
fee shall be refunded. There are two deer cooperator licenses as follows:
(1) Agricultural Deer
Cooperator License: valid only on agricultural lands actively farmed for
commercial crops. An applicant for an Agricultural Deer Cooperator License shall
be the owner or lessee of the properties covered under the Deer Cooperator
Operational Permit as described in §E(1) of this regulation, or their employee.
(2) General Deer Cooperator
License: valid on commercial, private, or other lands. An applicant shall be an
owner or lessee of the properties covered under the Deer Cooperator Operational
Permit as described in §E(1) of this regulation, or their designee. General
Deer Cooperator licensees may also conduct operations as an Agricultural Deer
Cooperator in accordance with the requirements of §E(1)(c) of this regulation.
B. The requirements of this
chapter are in addition to any requirements imposed by any other agency of
State, federal, or local government relating to the:
(1) Possession or
transportation of deer;
(2) Possession of firearms,
ammunition, optics, and suppressors;
(3) Possession of drugs for
anesthetizing deer;
(4) Possession or discharge
of a firearm during the day or night; or
(5) Use of centerfire rifles
or handguns.
C. Qualifications for a Deer
Cooperator License.
(1) An individual may not
apply for a deer cooperator license if the individual has been convicted of any
State or federal natural resources violation within 5 years prior to the date
of application.
(2) An individual applying
for a deer cooperator license shall successfully complete a written examination
administered by the Service.
(3) The written examination
for a deer cooperator license may contain questions relating to:
(a) Deer ecology;
(b) Deer conflicts with
humans;
(c) Lethal and nonlethal deer
management alternatives;
(d) Current statutes and
regulations pertaining to wildlife, lethal control devices, and other equipment
details;
(e) Deer data collection
methodology; and
(f) Other questions necessary
to determine an individual's ability to adequately assess, describe, and
implement a safe and effective deer operation.
(4) An individual applying
for a deer cooperator license is required to successfully complete a shooting
proficiency test administered by the Service or a certified NRA instructor, or
provide proof of successful completion of a preapproved comparable shooting
proficiency test.
(5) Effective July 1, 2023,
all new deer cooperator license holders and certified shooters for lethal
operations shall possess a valid Maryland hunting license unless exempted from
the license requirement pursuant to Natural Resources Article, §10-301(c),
Annotated Code of Maryland.
(6) All deer cooperator
license holders and certified shooters shall meet the requirement of competency
in firearms and hunter safety in accordance with Natural Resources Article,
§10-301.1, Annotated Code of Maryland.
D. Qualification of Certified
Shooters.
(1) Certified shooters may
operate under a deer cooperator licensee to assist with operations.
(2) An individual may not
apply to become a certified shooter if the individual has been convicted of any
State or federal natural resources violation within 5 years prior to the date
of application.
(3) An individual applying to
become a certified shooter is required to successfully complete a shooting
proficiency test administered by the Service or a certified NRA instructor, or
provide proof of successful completion of a preapproved comparable shooting
proficiency test.
(4) Effective July 1, 2023,
all new deer cooperator license holders and certified shooters for lethal
operations shall possess a valid Maryland hunting license. Exempt from this
requirement to possess a hunting license are those individuals so exempted pursuant
to Natural Resources Article, §10-301(c), Annotated Code of Maryland.
(5) All deer cooperator
license holders and certified shooters shall meet the requirement of competency
in firearms and hunter safety in accordance with Natural Resources Article, §10-301.1,
Annotated Code of Maryland.
E. Permits for Conducting
Operations Under the Deer Cooperator License.
(1) A deer cooperator
licensee shall submit an operational plan to the Service at least 45 days
before the planned commencement of each operation. The Service shall review the
plan within 45 days and issue an operational permit upon approval of the plan.
Any corrections needed within the plan will require an additional 45-day
review. The four types of Operational Permits are defined as:
(a) Public Safety Operational
Permit: issued for airports operating under the authority of the Maryland
Aviation Administration or a state or federal law enforcement agency certified
police driver training facility where deer have been documented to cause a
threat to public safety. Permits shall be valid from July 1 through June 30.
(b) Standard Operational
Permit: issued to applicants where documented deer damage has occurred and all
other efforts to manage the deer herd have been exhausted. Permits shall be
valid from January 15 through April 15.
(c) Agricultural Operational
Permit: issued on agricultural lands actively farmed for commercial
commodities. Applicants for an Agricultural Deer Cooperator Operational Permit shall
be the owner or lessee, of the property where the deer management will occur,
or their employee. Permits shall be valid from January 15 through April 15.
(d) Non-Lethal Operational
Permit: issued for operations where deer are live-captured and released for the
purpose of research or fertility control treatments authorized by the Service.
Permits shall be valid from January 15 through April 15.
(2) The operational plan
shall include:
(a) Type of operational
permit being requested;
(b) Written permission from
the owner or owners of the land covered under the Operational Plan;
(c) The area-specific deer
problem;
(d) The current and projected
impacts of the operation to local social and ecological conditions;
(e) All measures that have
previously been taken to address the existing deer problem;
(f) For Standard and
Agricultural Permits, current documentation evidencing community support for
the proposed operation, which shall be dated within 2 years of the proposed
operation and include, but not be limited to:
(i) Results of opinion
surveys;
(ii) Supporting letters from
community leaders or elected officials; or
(iii) Supporting letters from
nearby residents.
(g) Letter of authorization
from the county office of law permitting the use of centerfire rifles that are
otherwise prohibited for deer hunting in the county;
(h) Letter of authorization
from the county office of law permitting discharge of weapons at night;
(i) The intended number and
sex of deer to be removed or handled, with disposal of antlered deer to be
considered on a site-by-site basis;
(j) Hours of operation;
(k) Detailed description of
the location of the operation with accompanying aerial photograph or location
map;
(l) Deer biological data
collection procedures;
(m) Copies of contracts
between permit holders and landowners;
(n) Specific details about
lethal operations, including:
(i) A list of certified
shooters, including full names and date of birth;
(ii) Weapons or euthanasia
equipment to be used in the operation, including make, model, and caliber;
(iii) Ammunition or
euthanasia drugs to be used in the operation;
(iv) Additional equipment,
including, but not limited to, night vision, suppressors including brand name,
spotlights, or trapping equipment;
(v) Shooting distances and
positions, including, but not limited to, bait station, tree stand, or vehicle;
(vi) Copies of permits or
licenses required from the State, federal, or local governments to possess deer
or administer drugs to deer;
(vii) Carcass retrieval and
tagging procedures;
(viii) Entrails removal and
disposition procedures; and
(ix) Plan for final
disposition of venison, including the name of the processing facility and
contract documents related to disposition, in accordance with §G of this
regulation;
(o) Specific details about
non-lethal operations or operations that otherwise require the handling of live
deer, including:
(i) Capture method to be
used;
(ii) Types and volumes of
anesthesia and immobilizing agents to be used;
(iii) A detailed description
of drug delivery devices and methods;
(iv) Copies of permits or
licenses required from the State, federal, or local governments to possess deer
or administer drugs to deer;
(v) Drug handling
certifications or licenses;
(vi) Deer handling equipment
and methodology;
(vii) Live transport methods,
including equipment and methodology;
(viii) Marking or tagging
equipment and methods;
(ix) Disposition of deer; and
(x) Professional licensing
documentation from any cooperating agencies, organizations, veterinarians, or
individuals, including law enforcement, elected officials, communities, or
government agencies; and
(p) For public safety permit
holders, the following for annual renewal of their ongoing operational plan:
(i) A list of certified
shooters including full name and date of birth;
(ii) Written permission from
the owner or owners of the land covered under the Operational Plan;
(iii) If the office of law
signatory changes, an updated letter of authorization from the county office of
law permitting night-shooting and the use of centerfire rifles that are
otherwise prohibited for deer hunting in the county where the operation occurs;
(iv) The intended number and
sex of deer to be removed or handled, with antlered deer to be considered on a
site -by-site basis;
(v) Hours of operation;
(vi) Plan for final
disposition of venison, including the name of the processing facility and
contract documents, in accordance with §G of this regulation.
(vii) Copies of contracts
between permit holders and landowners; and
(viii) Any changes to the
existing Operational Plan.
F. All deer taken under the
authority of any Deer Cooperator License shall be processed for consumption
unless the Deer Cooperator reports to the Department that the deer was unfit
for consumption. The disposition of all deer shall be included in the report
filed with the Department.
G. Deer taken on federal,
State or county lands shall be commercially processed and donated to a local
food bank unless another recipient of the donation or means of disposal is
approved by the Service.
H. If the operational plan is
conducted within the established Chronic Wasting Disease (CWD) Management Area
described on the Service’s website, the licensee:
(1) May be required to
collect CWD samples and furnish them to the Service in accordance with approved
collection methods per COMAR 08.03.04.22; and
(2) May be required to
process all deer at an authorized commercial deer processor.
I. If the licensee is
entering into a contract for deer cooperator services, the terms of the
contract shall be provided for deer management services. All contracts shall
include the parties to the contract, the price terms for all products and
services, the time period covered by the contract, and any other requirements
and deliverables contemplated by the parties.
J. The Service shall conduct
an evaluation before approving or denying an operational plan.
K. If the Service approves
the operational plan, it shall issue an approval document in writing to the
licensed deer control cooperator. This approval document shall describe:
(1) The number of deer to be
removed or handled;
(2) The hours of operation;
(3) Approved weapons and
associated equipment;
(4) Location of the
activities;
(5) Deer data collection
requirements;
(6) Venison processing and
nonedible parts disposition;
(7) Any reporting procedure
that the Service determines is necessary;
(8) Any additional terms or
conditions the Service determines are necessary to provide for public safety or
the success of the plan; and
(9) A list of approved
shooters.
L. A deer cooperator licensee
shall contact local law enforcement and Natural Resources Police within 48
hours of undertaking the operational plan in accordance with the instructions
on the approval document.
M. Appeal Procedure. An
individual who has applied to the Service for a deer cooperator license or
submitted an operational plan proposal as an approved deer cooperator permittee
and has been denied a license or operational plan approval, may file, within 15
days after the decision was mailed, a petition for a hearing with the Director
of the Service. The Director of the Service shall render a decision in writing
to the complainant within 15 days after the date of the hearing. If the
complainant is further aggrieved, the complainant may initiate proceedings for
an appeal to the Secretary of Department of Natural Resources, Tawes State
Office Building, Annapolis, Maryland 21401. The appeal procedure for the denial
of a deer cooperator permit or operational plan approval is not a contested
case hearing under State Government Article, Title 10, Subtitle 2, Annotated
Code of Maryland, and COMAR 08.01.04.
N. The Service may revoke or
suspend the deer cooperator license or permit if the Service finds that the
licensee or any certified shooter violated:
(1) The terms and conditions
of the permit;
(2) The terms and conditions
of the approval document; or
(3) Any State or federal
wildlife law or regulation.
O. The Service shall provide
the opportunity for a contested case hearing conducted in accordance with State
Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR
08.01.04 when suspending or revoking a deer cooperator permit.
P. Violation. A violation of
any provision or restriction on the Deer Cooperator License or Deer Cooperator
Operational Permit constitutes a violation of this regulation.
Q. The time of year
requirements in §E(1) of this regulation shall sunset and have no further force
and effect on January 1, 2025.
JEANNIE
HADDAWAY-RICCIO
Secretary of Natural Resources
Title 09
MARYLAND DEPARTMENT OF LABOR
Subtitle 01 OFFICE OF THE SECRETARY
09.01.12 Apprenticeship
Maryland
Authority: Business Regulation Article, §2-105; Labor and Employment
Article, §11-603(k); Annotated Code of Maryland
Notice of Proposed Action
[22-308-P]
The Division of Workforce Development and Adult Learning proposes
to repeal Regulations .01—.08 under COMAR 09.01.12 Apprenticeship Maryland.
Statement of Purpose
The Department proposes to repeal the Apprenticeship Maryland
regulations under COMAR 09.01.12.01—.08 because the statute granting authority
for the pilot youth apprenticeship program, Labor and Employment Article,
§11-603, Annotated Code of Maryland, abrogated on June 30, 2018. The Department
has partnered with the Maryland State Department of Education to issue a policy
regarding the continuation of Apprenticeship Maryland. The Departments engaged
in a formal policy development process with subject matter experts from each
agency and other stakeholders to draft a policy which was then released for a
public comment period, and ultimately resulted in a joint policy regarding
Apprenticeship Maryland, the youth apprenticeship program.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Dylan McDonough, Policy Analyst, Maryland
Department of Labor, Division of Workforce Development and Adult Learning, 1100
N Eutaw Street, Suite 108, Baltimore,
MD 21201, or call 410-767-1890, or email to dylan.mcdonough@maryland.gov.
Comments will be accepted through February 27, 2023. A public hearing has not
been scheduled.
TIFFANY P.
ROBINSON
Secretary of Labor
Subtitle 12 DIVISION OF LABOR AND
INDUSTRY
Notice of Proposed Action
[22-313-P-I]
The Secretary of Department of Labor proposes to:
(1) Amend Regulations .02,
.02-1, and .03 under COMAR
09.12.50 Model Performance Code; and
(2) Amend Regulation .04
under COMAR 09.12.51 Maryland Building Performance Standards.
Statement of Purpose
The purpose of this action is to incorporate by reference the
first edition of the most recent version of the following standards:
(1) 2021 International Building Code;
(2) 2021 International Plumbing Code;
(3) 2021 International Residential Code for One- and Two-Family
Dwellings;
(4) 2021 International Mechanical Code;
(5) 2021 International Energy Conservation Code; and
(6) National Electric Code, 2020 Edition (NFPA 70).
As required by Public Safety Article, §12-503(b)(1)(iii),
Annotated Code of Maryland, this action adopts modifications to the
International Energy Conservation Code that allow for innovative approaches for
compliance related to thermal energy code requirements by offering
alternatives, including a “Maryland Alternative Prescriptive Compliance Path”
that simplifies compliance for the industry and regulators in plain language
and includes useful charts that provide equivalent or better energy
performance. In addition, these same
allowances for innovative approaches related to thermal energy code compliance
are adopted for the International
Residential Code for One- and Two-Family Dwellings.
Finally, this action updates references and removes redundant
language in the Model Performance Code
and the Maryland Building Performance Standards.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments
may be sent to Mischelle F Vanreusel, Acting Deputy Commissioner, Department of
Labor, Division of Labor and Industry, 10946 Golden West Drive, Suite 160, Hunt
Valley, MD 21031, or call 410-767-2225, or email to dli.regulations+BC@maryland.gov. Comments will be accepted through February
27, 2023. A public hearing on the amendments will be held on February 7, 2023,
at 9 a.m., at 10946 Golden West Drive, Suite 160, Hunt Valley, MD 21031.
Editor’s Note on Incorporation by Reference
Pursuant to State Government
Article, §7-207, Annotated Code of Maryland, the following have been declared
documents generally available to the public and appropriate for incorporation
by reference:
(1) 2021 International
Building Code;
(2) 2021 International
Plumbing Code;
(3) 2021 International
Residential Code for One- and Two-Family Dwellings;
(4) 2021 International
Mechanical Code;
(5) 2021 International
Energy Conservation Code; and
(6) National Electric
Code, 2020 Edition (NFPA 70).
For this reason, they will not
be printed in the Maryland Register or the Code of Maryland Regulations
(COMAR). Copies of these documents are filed in special public depositories
located throughout the State. A list of these depositories was published in
50:1 Md. R. 7 (January 13, 2023), and is available online at
www.dsd.state.md.us. These documents may also be inspected at the office of the
Division of State Documents, 16 Francis Street, Annapolis, Maryland 21401.
09.12.50 Model Performance Code
Authority: Public Safety Article, §12-201(f), Annotated Code of
Maryland
.02 General.
A. (text unchanged)
B. Application.
(1) (text unchanged)
(2) For industrialized buildings approved by an approved testing
facility under COMAR 09.12.52 after the effective date of these regulations:
(a) This chapter and the codes incorporated by reference apply to
any approved building provided that construction begins [prior to] within 6 months after the Department’s
adoption of the [2021] 2024 edition
of the International Building Code; and
(b) The approved testing facility shall state in its approval
letter to the Department and the manufacturer of the building:
(i) (text unchanged)
(ii) That approval will expire for a building unless construction
begins [prior to] within 6 months after
Department’s adoption of the [2021] 2024
edition of the International Building Code.
(3) For industrialized buildings approved by an approved testing
facility under COMAR 09.12.52 prior to the effective date of these regulations,
the previous version of this chapter and the [2015] 2018 International Building Code shall
apply provided that construction begins prior to 6 months after the effective
date of these regulations.
C.—D. (text
unchanged)
.02-1 Incorporation by Reference.
A. In this chapter, the following documents are incorporated by
reference[, except as modified in
Regulation .03 of this chapter].
B. Documents Incorporated.
(1) 2021 International
Building Code (International Code Council), which is incorporated by reference
in COMAR 09.12.51.04A(1) and as modified
in COMAR 09.12.51.04B.
(2) [2018] 2021 International Plumbing Code
(International Code Council)[.] modified as follows:
(a) For industrialized building
construction delete §404 and replace with COMAR 09.12.53 Maryland Accessibility
Code; and
(b) For all other building construction, the plumbing code requirements
and modifications adopted under Business Occupations and Professions Article, §§12-101—12-702,
Annotated Code of Maryland, apply.
(3) National Electric Code, [2017] 2020
Edition (NFPA 70), except in Article 210.8(F) Ground-Fault Circuit
Interrupter Protection for Personnel, Outdoor Outlets Exception include “and heating,
air-conditioning, and refrigeration equipment that serve the dwelling.”
(4) 2021 International
Residential Code for One- and Two-Family Dwellings (International Code
Council), which is incorporated by reference in COMAR 09.12.51.04A(2)[.] and as modified in COMAR 09.12.51.04C.
(5) [2018] 2021
International Mechanical Code (International Code Council).
(6) 2021 International
Energy Conservation Code (International Code Council), which is incorporated by
reference in COMAR 09.12.51.04A(3) and as
modified in COMAR 09.12.51.04D.
(7) (text unchanged)
.03 Model Performance Code.
A. The standards incorporated by reference in Regulation .02-1 of
this chapter[, and modified as
follows,] constitute the Model
Performance Code for building construction in the State[:].
[(1) For industrialized
building construction:
(a) International Building Code with the following modifications:
(i) Chapter 1. Delete Section 101.2.1 Appendices and replace with the
following:
101.2.1 Appendices: All the provisions in the Appendices are adopted
as part of the IBC except those in Appendices A, B, D, E, and K;
(ii) Chapter 9. Add note to Section 901.1 Scope: Fire protection system
requirements of Chapter 9 may be concurrently covered in the State Fire Prevention
Code, Public Safety Article, §§6-101—6-202, Annotated Code of Maryland, and COMAR
29.06.01;
(iii) Chapter 10. Add note to Section 1001.1 General: Means of egress
requirements of Chapter 10 may be concurrently covered in the State Fire Prevention
Code, Public Safety Article, §§6-101—6-602, Annotated Code of Maryland, and COMAR
29.06.01;
(iv) Chapter 11. Chapter 11, related to accessibility requirements,
is hereby replaced with the Maryland Accessibility Code set forth in COMAR 09.12.53;
(v) Chapter 24. The requirements for safety glazing set forth in Public
Safety Article, Title 12, Subtitle 4, Annotated Code of Maryland, are in addition
to Chapter 24, Section 2406, of the IBC related to safety glazing. In the event
of a conflict between Chapter 24 of the IBC and the Annotated Code of Maryland,
the requirements of the Annotated Code of Maryland prevail;
(vi) Chapter 30. The provisions of Chapter 30 of the IBC relate to elevators
and conveying systems and are in addition to and not instead of the requirements
set forth in Public Safety Article, Title 12, Subtitle 8, Annotated Code of Maryland.
In the event of a conflict between the IBC and the Annotated Code of Maryland, the
provisions of the Annotated Code of Maryland prevail;
(b) International Plumbing Code with the following modification:
Delete all of §404.0 — the subject matter is covered by Maryland Accessibility
Code, COMAR 09.12.53;
(c) National Electrical Code,
(d) International Mechanical Code;
(e) International Residential Code for One- and Two-Family
Dwellings with the following modifications:
(i) Chapter 1. Delete the Section 102.5 Appendices and replace with
the following: 102.5 Appendices: All the provisions in the Appendices are
adopted as part of the IRC except those in Appendices E, J, and L;
(ii) Add to Section N1102.4.1.2 (R402.4.1.2): Except as provided
for in the Simulated Performance Path listed in Section N1105 (R405);
(iii) Add to Section N1102.4.1.2 (R402.4.1.2): Except as provided
for in the Energy Rating Index Compliance Alternative Section N1106 (R406);
(iv) Modify Table N1105.5.2(1) (R405.5.2(1)) for Air Exchange Rate
line item under the proposed design add “not to exceed 5 air changes per hour
with baseline of 3 air changes per hour in climate zones 4 and 5 maintained for
Standard Reference Design” after “The measured air exchange rate”; and
(v) Add exception to Section N1106.2 (R406.2): The maximum of 5 air
changes per hour tested in accordance with Section N1102.4.1.2 (R402.4.1.2) may
be used to determine the Energy Rating index score with baseline of 3 air
changes per hour in climate zones 4 and 5 maintained for ERI Reference Design;
(f) International Energy Conservation Code with the following
modification:
(i) Add a note to Section C405.2.4 Specific Application Controls:
For the new construction of hotels, each hotel guest room shall be equipped with
a master control device in compliance with COMAR 09.12.51.04D(2);
(ii) Add to Section R402.4.1.2: Except as provided for in the
Simulated Performance Path listed in Section R405;
(iii) Add to Section R402.4.1.2: Except as provided for in the
Energy Rating Index Compliance Alternative in Section R406;
(iv) Modify Table R405.5.2(1) for Air Exchange Rate line item under
the proposed design add “not to exceed 5 air changes per hour with baseline of
3 air changes per hour in climate zones 4 and 5 maintained for Standard
Reference Design” after “The measured air exchange rate”; and
(v) Add exception to Section R406.2: The maximum of 5 air changes
per hour tested in accordance with Section R402.4.1.2 may be used to determine
the Energy Rating index score with baseline of 3 air changes per hour in
climate zones 4 and 5 maintained for ERI Reference Design;]
[(g)] B. If [an industrialized building
manufacturer] a builder desires to or has been requested to construct a building
to the International Green Construction Code (IGCC) standards they may use the
IGCC in addition to the other codes in [§A(1)
with the following modifications:
(i) Chapter 1. Delete Section 101.4 Appendices and replace with the
following: All the provisions in the appendices are adopted as part of the IGCC
except those in the appendices C and D;
(ii) Chapter 3. Add following note to Section 302.1 Item 1: In
Table 302.1, Select “Yes” for residential buildings as indicated in Exception 1
to Section 101.3; and
(iii) The §A(1)(g) does not preempt the authority reserved to local
jurisdictions to regulate matters in the IGCC including land use, site
placement, and other matters that do not affect the structure or design of the
industrialized building; and] this
regulation.
[(h)] C. (text unchanged)
[(2) For all other
building construction:
(a) The International Building Code with modifications related to
building standards, as adopted under COMAR 09.12.51.04;
(b) Plumbing Code requirements adopted under Business Occupations
and Professions Article, §§12-101—12-702, Annotated Code of Maryland;
(c) National Electrical Code;
(d) International Mechanical Code;
(e) The International Residential Code for One- and Two-Family
Dwellings with modifications related to building standards, as adopted under
COMAR 09.12.51.04;
(f) International Energy Conservation Code with modifications
related to building standards, as adopted under COMAR 09.12.51.04; and
(g) If a builder desires to or has been requested to construct a
building to the International Green Construction Code (IGCC) standards they may
use the IGCC in addition to the other codes in §A(2).]
[B.]
D. (text unchanged)
09.12.51 Maryland Building Performance Standards
Authority: Public Safety Article, §§12-503 and 507(a)(2), Annotated
Code of Maryland
.04 Incorporation by Reference.
A. In this chapter, the following documents are incorporated by reference:
(1) [2018] 2021
International Building Code (International Code Council);
(2) [2018]
2021 International Residential Code for One- and Two-Family Dwellings (International
Code Council); and
(3) [2018] 2021 International Energy Conservation
Code (International Code Council)[; and
(4) 2012 International Green Construction Code (International Code
Council, 500 New Jersey Avenue, N. W., 6th Floor, Washington DC 20001)].
B. Modifications to the International Building Code.
(1) (text unchanged)
(2) Chapter 1. [Delete]
Add to Exception in [the] Section 101.2 Scope [and replace with] the following:
[(a) Exception: 1. Detached
one- and two-family dwellings and multiple single-family dwellings (townhouses)
not more than three stories above grade plane in height with a separate means of
egress and their accessory structures shall comply with the International Residential
Code;]
[(b)] (a)—[(c)] (b) (text unchanged)
(3) Chapter 1. Delete the Section 101.2.1 Appendices and replace with
the following:
101.2.1 Appendices: [All
the] The provisions in the Appendices C Group-U Agricultural Buildings, G Flood-Resistant Construction, and H
Signs are adopted as part of the IBC [except
those in Appendices A, B, D, E, and K].
(4) Chapter 9. Add note to Section 901.1 Scope Fire protection
system requirements of Chapter 9 may be concurrently covered in the State Fire
Prevention Code, Public Safety Article[, §§6-101—6-202,] Title
6 and Title 9, Annotated Code of Maryland, and COMAR 29.06.01. The State
Fire Prevention Code is enforced by the State Fire Marshal or authorized fire
official.
(5) Chapter 10. Add note to Section 1001.1 General: Means of
egress requirements of Chapter 10 may be concurrently covered in the State Fire
Prevention Code, Public Safety Article, [§§6-101—6-602] Title
6, Annotated Code of Maryland, and COMAR 29.06.01. The State Fire
Prevention Code is enforced by the State Fire Marshal or authorized fire
official.
(6)—(11) (text
unchanged)
(12) [Chapter 34.] Any rehabilitation work undertaken in
an existing building as defined in COMAR 9.12.58 shall comply with the requirements
of Maryland Building Rehabilitation Code set forth in COMAR 09.12.58.
(13) Modify Section 308.5.1
Classification as Group E. At the end of
Section 308.5.1, add “Exception: A childcare facility may be classified as I-4
when the facility is classified as a day care occupancy under the State Fire
Prevention Code.”
(14) Modify Section 406.2.7 Electric vehicle charging stations
and systems. Delete “Accessibility to electric vehicle charging stations shall be
provided in accordance with Section 1107.”
(15) Modify Section 411.5 Puzzle room exiting. Delete item 3
and replace with “3. All exits and exit access doors from each puzzle room shall
be open and readily available upon activation by the automatic fire alarm system,
automatic sprinkler system, a manual control at a constantly attended location and
shall have a readily accessible control located inside each puzzle room.”
(16) Modify Section 510.2 Horizontal building separation allowance
with the following:
(a) Delete condition 4; and
(b) Condition 7. Replace “grade plane” with “lowest level of fire
department vehicle access”.
(17) Modify Section 907.2.1.1 System initiation in Group A occupancies
with an occupant load of 1,000 or more with the following:
(a) Replace section title with “System initiation in Group A occupancies
with an occupant load of 300 or more; and
(b) Replace “1,000” with “300”.
(18) Modify Section 1004.8 Concentrated business use areas. Add “nail salons,” after “call centers,” and before
“trading floors,”.
C. Modifications to the International Residential Code for One- and
Two-Family Dwellings:
(1) Chapter 1. Scope and Administration:
(a) Delete the Section 102.5
Appendices and replace with the following:
102.5 Appendices: [All the] The provisions in
the Appendices AF Radon Control Methods and AQ Tiny Houses are adopted
as part of the IRC [except those in Appendices E, J, and L.];
(b) Add to
Exception in Section 101.2 Scope the following:
(i) Exception: 2. Existing buildings undergoing repair,
alterations or additions, and change of occupancy that comply complies with the
Maryland Building Rehabilitation Code set forth in COMAR 09.12.58; and
(ii) Exception: 3. Maintenance
of residential structures and premises shall comply with the Minimum Livability
Code COMAR 09.12.54.
(2) ENERGY. Chapter 11. ENERGY EFFICIENCY.
[(a) Add to Section N1102.4.1.2
(R402.4.1.2): Except as provided for in the:
(i) Simulated Performance Path listed in Section N1105 (R405); and
(ii) Energy Rating Index Compliance Alternative in Section N1106 (R406);
(b) Modify Table N1105.5.2(1) (R405.5.2(1)) for Air Exchange Rate line
item under the proposed design add “not to exceed 5 air changes per hour with baseline
of 3 air changes per hour in climate zones 4 and 5 maintained for Standard Reference
Design” after “The measured air exchange rate”; and
(c) Add exception to Section N1106.2 (R406.2): The maximum of 5 air
changes per hour tested in accordance with Section R402.4.1.2 may be used to determine
the Energy Rating index score with baseline of 3 air changes per hour in climate
zones 4 and 5 maintained for ERI Reference Design.]
(a) Modify Section N1101.13.15 Additional energy efficiency, add
“4. For buildings complying with Section N1102.1.3.1, the structure shall also comply
with the additional energy features in Section N1108.3.”
(b) Modify Section N1102.1.1 Above code programs. Add to the end
of Section N1102.1.1, “Compliance with the Silver Rating of the ICC/ASHRAE 700-2015
National Green Building Standard as codified in §12-509(a) of the Annotated Code
of Maryland shall be considered to be in compliance with this code.”
(c) Modify Section N1102.1.3:
(i) Add new “N1101.1.3.1 Maryland Alternative R-value. Assemblies with R-value of insulation materials
equal to or greater than that specified in Table N1102.1.3.1 shall be an alternative
to the U-factor in Table N1102.1 when combined with Section N1108.3. The provisions of Section N1108.2.1 shall be applied
to the base model house to establish the reference base design establishing energy
efficiency.”; and
(ii) Add the following table:
|
Table
N1102.1.3.1 (R402.1.3.1)
|
|
MD Alternative
Insulation Minimum R-Values and Fenestration Requirements by
Componenta
|
|
Climate Zone
|
Fenestration
U-Factor b, i
|
Skylightb
U-Factor
|
Glazed
Fenestration
SHGCb, e
|
Ceiling
R-Value
|
Wood
Frame
Wall
R-Valueg
|
Mass
Wall
R-Valueh
|
Floor
R-Value
|
Basementc, g
Wall
R-Value
|
Slabd
R-Value
& Depth
|
Crawl Spacec, g
Wall
R-Value
|
|
4 except
Marine
|
0.30
|
0.55
|
0.40
|
49
|
20 or 13+5h
|
8/13
|
19
|
10ci or 13
|
10ci, 4ft
|
10ci or 13
|
|
5
|
0.30i
|
0.55
|
0.40
|
49
|
20 or 13+5h
|
13/17
|
30
|
15ci or 19
or
13 + 5ci
|
10ci, 4ft
|
15ci or 19
Or 13 + 5ci
|
|
For SI: 1 foot
= 304.8 mm.
ci = continuous insulation.
a. R-values are minimums. U-factors and
SHGC are maximums. Where insulation is installed in a cavity that is less
than the label or design thickness of the insulation, the installed R-value
of the insulation shall be not less than the R-value specified in the table.
b. The fenestration U-factor column
excludes skylights. The SHGC column applies to all glazed fenestrations. Exception: In Climate Zones 0 through 3,
skylights shall be permitted to be excluded from glazed fenestration SHGC
requirements provided that the SHGC for such skylights does not exceed 0.30.
c. "10ci or 13" means R-10
continuous insulation (ci) on the interior or exterior surface of the wall or
R-13 cavity insulation on the interior side of the wall. "15ci or 19 or
13 & 5ci" means R-15 continuous insulation (ci) on the interior or
exterior surface of the wall; or R-19 cavity insulation on the interior side
of the wall; or R-13 cavity insulation on the interior of the wall in
addition to R-5 continuous insulation on the interior or exterior surface of
the wall.
d. R-5 insulation shall be provided under
the full slab area of a heated slab in addition to the required slab edge
insulation R-value for slabs. as indicated in the table. The slab-edge
insulation for heated slabs shall not be required to extend below the slab.
e. There are no SHGC requirements in the
Marine Zone.
f. Basement wall insulation is not
required in Warm Humid locations as defined by Figure R301.1 and Table
R301.1.
g. The first value is cavity insulation;
the second value is continuous insulation. Therefore, as an example, “13
& 5” means R-13 cavity insulation plus R-5 continuous insulation.
h. Mass walls shall be in accordance with
Section R402.2.5. The second R-value applies where more than half of the
insulation is on the interior of the mass wall.
i. A maximum U-factor of 0.32 shall apply
in Climate Zones 3 through 8 to vertical fenestration products installed in
buildings located either:
1. Above 4,000
feet in elevation, or
2. In
windborne debris regions where protection of openings is required by Section
R301.2.1.2 of the International Residential Code.
|
(d) Modify Section N1102.2.1 Ceilings
with attic spaces with the following:
(i) Add “or Section N1102.1.3.1”
after “N1102.1.3” and before “requires R-49 insulation”; and
(ii) Add “or Section N1102.1.3.1”
after “N1102.1.3” and before “requires R-60 insulation”.
(e) Modify Section N1102.2.2 Ceilings
without attics with the following:
(i) Add “or Section N1102.1.3.1”
after “N1102.1.3” and before “requires insulation R-values greater than R-30”; and
(ii) Add “or N1102.1.3.1” after
“N1102.1.3” and before “shall be limited to”.
(f) Modify Section N1108 Additional
Efficiency Package Options:
(i) Add new Section “N1108.3 Maryland
Alternative Additional Energy Efficiency Package Options. The provisions of this Section shall be applied
as part of the prescriptive compliance path of Section N1102.1.3.1. Additional energy efficiencies from Table N1108.3
must be selected to meet or exceed a minimum percentage increase of 6% for climate
Zone 4 and 6% for Climate Zone 5.”; and
(ii) Add the following table:
|
|
Table
N1108.3 (R408.3) Additional Energy Features1
|
|
|
|
|
Energy
Feature
|
Percentage
Increase for Climate Zone 4
|
Percentage
Increase for Climate Zone 5
|
|
1
|
≥ 2.5% reduction in total UA5
|
1%
|
1%
|
|
2
|
≥ 5% reduction in total UA5
|
2%
|
3%
|
|
3
|
> 7.5% reduction in total UA5
|
2%
|
3%
|
|
4
|
0.22 U-factor windows5
|
3%
|
4%
|
|
5
|
High performance cooling system (Greater than
or equal to 18 SEER and 14 EER air conditioner)2
|
3%
|
2%
|
|
6
|
High performance cooling system (Greater than
or equal to 16 SEER and 12 EER air conditioner)2
|
3%
|
3%
|
|
7
|
High performance gas furnace (Greater than or
equal to 96 AFUE natural gas furnace)2
|
5%
|
7%
|
|
8
|
High performance gas furnace (Greater than or
equal to 92 AFUE natural gas furnace)2
|
4%
|
5%
|
|
9
|
High performance heat pump system (Greater than
or equal to 10 HSPF/18 SEER air source heat pump.)2
|
6%
|
6%
|
|
10
|
High performance heat pump system (Greater than
or equal to 9 HSPF/16 SEER air source heat pump.)2
|
5%
|
5%
|
|
11
|
Ground source heat pump (Greater than or equal
to 3.5 COP ground source heat pump.)2
|
6%
|
8%
|
|
12
|
Fossil fuel service water heating system (Greater
than or equal to 82 EF fossil fuel service water-heating system.)
|
3%
|
2%
|
|
13
|
High performance heat pump water heating system
option (Greater than or equal to 2.9 UEF electric service water-heating system.)
|
8%
|
6%
|
|
14
|
High performance heat pump water heating system.
(Greater than or equal to 3.2 UEF electric service water-heating system.)
|
8%
|
6%
|
|
15
|
Solar hot water heating system (Greater than
or equal to 0.4 solar fraction solar water-heating system.)
|
6%
|
6%
|
|
16
|
More efficient HVAC distribution system. (100
percent of ductless thermal distribution system or hydronic thermal distribution
system located completely inside the building thermal envelope.)
|
10%
|
12%
|
|
17
|
100% of ducts in conditioned space. (100 percent
of duct thermal distribution system located in conditioned space as defined by
Section R403.3.2.)
|
12%
|
15%
|
|
18
|
Reduced total duct leakage. (When ducts are located outside conditioned
space, the total leakage of the ducts, measured in accordance with R403.3.5, shall
be in accordance with one of the following:
a. Where air handler is installed at the time
of testing, 2.0 cubic feet per minute per 100 square feet of conditioned floor
area.
b. Where air handler
is not installed at the time of testing, 1.75 cubic feet per minute per 100 square
feet of conditioned floor area.)
|
1%
|
1%
|
|
19
|
2 ACH50 air leakage rate with ERV or HRV installed.
(Less than or equal to 2.0 ACH50, with either an Energy Recovery Ventilator (ERV)
or Heat Recovery Ventilator (HRV) installed.)3
|
10%
|
13%
|
|
20
|
2 ACH50 air leakage rate with balanced ventilation.
(Less than or equal to 2.0 ACH50, with balanced ventilation as defined in Section
202 of the 2021 International Mechanical Code.)4
|
4%
|
5%
|
|
21
|
1.5 ACH50 air leakage rate with ERV or HRV installed.
(Less than or equal to 1.5 ACH50, with either an ERV or HRV installed.)4
|
12%
|
15%
|
|
22
|
1 ACH50 air leakage rate with ERV or HRV installed.
(Less than equal to 1.0 ACH50, with either an ERV or HRV installed.)4
|
14%
|
17%
|
|
23
|
Energy Efficient Appliances (Minimum 3 appliances
not to exceed 1 form each type with follow efficiencies. Refrigerator - Energy Star Program Requirements,
Product Specification for Consumer Refrigeration Products, Version 5.1 (08/05/2021),
Dishwasher - Energy Star Program Requirements for Residential Dishwashers, Version
6.0 (01/29/2016), Clothes Dryer - Energy Star Program Requirements, Product Specification
for Clothes Dryers, Version 1.1 (05/05/2017) and Clothes Washer - Energy Star
Program Requirements, Product Specification for Clothes Washers, Version 8.1 (02/05/2018)
|
7%
|
5%
|
|
24
|
Renewable Energy Measure.4
|
11%
|
9%
|
|
1. Energy efficiency percentage increases
as established by PNNL.
2. For multiple cooling systems, all
systems shall meet or exceed the minimum efficiency requirements in this
section and shall be sized to serve 100 percent of the cooling design load.
For multiple heating systems, all systems shall meet or exceed the minimum
efficiency requirements in this section and shall be sized to serve 100 percent
of the heating design load. Increases
to minimum efficiency requirements are limited to one selection.
3. Minimum HRV and ERV requirements,
measured at the lowest tested net supply airflow, shall be greater than or
equal to 75 percent Sensible Recovery Efficiency (SRE), less than or equal to
1.1 cubic feet per minute per watt (0.03 m3/min/watt) and shall not use
recirculation as a defrost strategy. In addition, the ERV shall be greater
than or equal to 50 percent Latent Recovery/ Moisture Transfer (LRMT).
4. Renewable energy resources shall be
permanently installed that have the capacity to produce a minimum of 1.0 watt
of on-site renewable energy per square foot of conditioned floor area. The
installed capacity shall be in addition to any onsite renewable energy
required by Section R404.4. To qualify for this option, one of the following
forms of documentation shall be provided to the code official:
a.
Substantiation that the RECs associated with the on-site renewable energy are
owned by, or retired on behalf of, the homeowner.
b. A contract
that conveys to the homeowner the RECs associated with the on-site renewable
energy or conveys to the homeowner an equivalent quantity of RECs associated
with other renewable energy.
c. Reduction
in total UA from lines 1, 2 or 3 and higher performance windows from line 4
are limited to a single selection.
|
(3)—(5) (text unchanged)
(6) Modify Section P2904.1 by
deleting “A backflow preventer shall not be required to separate a sprinkler system
from the water distribution system, provided that the sprinkler system complies
with all of the following:
(a) The system complies with
NFPA 13D or Section P2904;
(b) The piping material
complies with Section P2906;
(c) The system does not
contain antifreeze; and
(d) The system does not have a fire department connection.”
D. Modifications to the International Energy Conservation Code.
(1) (text unchanged)
(2) Add a note to Section [C405.2.4] C405.2.5
Specific Application Controls: For the new construction of hotels:
(a)—(b) (text unchanged)
[(3) Add to Section R402.4.1.2:
Except as provided for in the:
(a) Simulated Performance Path listed in Section R405;
(b) Energy Rating Index Compliance Alternative in Section R406;
(4) Modify Table R405.5.2(1) for Air Exchange Rate line item under the
proposed design add “not to exceed 5 air changes per hour with baseline of 3 air
changes per hour in climate zones 4 and 5 maintained for Standard Reference Design”
after “The measured air exchange rate”; and
(5) Add exception to Section R406.2: The maximum of 5 air changes per
hour tested in accordance with Section R402.4.1.2 may be used to determine the Energy
Rating index score with baseline of 3 air changes per hour in climate zones 4 and
5 maintained for ERI Reference Design.]
(3) Modify Section R102.1.1 Above
code programs. Add to the end of Section R102.1.1, “Compliance with the Silver Rating
of the ICC/ASHRAE 700-2015 National Green Building Standard as
codified in §12-509(a) of the Annotated Code of Maryland shall be considered to
be in compliance with this code.”
(4) Modify Section R401.2.5 Additional
energy efficiency add “4. For buildings complying with Section R402.1.3.1, the
structure shall also comply with the additional energy features in Section
R408.3.”
(5) Modify Section R402.1.3 R-Value
Alternative with the following:
(a) Add new “R402.1.3.1 Maryland
Alternative R-value. Assemblies with R-value of insulation materials equal to or
greater than that specified in Table R402.1.3.1 shall be an alternative to the U-factor
in Table R402.1.2 when combined with Section R408.3. The provisions of Section R408.2.1 shall be applied
to the base model house to establish the reference base design establishing energy
efficiency.”; and
(b) Add the following
table:
|
Table
R402.1.3.1
|
|
MD Alternative Insulation Minimum R-Values and Fenestration Requirements
by Componenta
|
|
Climate Zone
|
Fenestration
U-Factor b, i
|
Skylightb
U-Factor
|
Glazed
Fenestration
SHGCb, e
|
Ceiling
R-Value
|
Wood
Frame
Wall
R-Valueg
|
Mass
Wall
R-Valueh
|
Floor
R-Value
|
Basementc, g
Wall
R-Value
|
Slabd
R-Value
& Depth
|
Crawl Spacec, g
Wall
R-Value
|
|
4 except
Marine
|
0.30
|
0.55
|
0.40
|
49
|
20 or 13+5h
|
8/13
|
19
|
10ci or 13
|
10ci, 4ft
|
10ci or 13
|
|
5
|
0.30i
|
0.55
|
0.40
|
49
|
20 or 13+5h
|
13/17
|
30
|
15ci or 19 or
13 + 5ci
|
10ci, 4ft
|
15ci or 19
Or 13 + 5ci
|
|
For SI: 1 foot = 304.8 mm.
ci = continuous insulation.
a. R-values are minimums. U-factors and SHGC
are maximums. Where insulation is installed in a cavity that is less than the
label or design thickness of the insulation, the installed R-value of the insulation
shall be not less than the R-value specified in the table.
b. The fenestration U-factor column excludes skylights.
The SHGC column applies to all glazed fenestrations. Exception: In Climate Zones 0 through 3, skylights
shall be permitted to be excluded from glazed fenestration SHGC requirements provided
that the SHGC for such skylights does not exceed 0.30.
c. "10ci or
13" means R-10 continuous insulation (ci) on the interior or exterior surface
of the wall or R-13 cavity insulation on the interior side of the wall. "15ci
or 19 or 13 & 5ci" means R-15 continuous insulation (ci) on the interior
or exterior surface of the wall; or R-19 cavity insulation on the interior side
of the wall; or R-13 cavity insulation on the interior of the wall in addition
to R-5 continuous insulation on the interior or exterior surface of the wall.
d. R-5 insulation shall be provided under
the full slab area of a heated slab in addition to the required slab edge insulation
R-value for slabs. as indicated in the table.
The slab-edge insulation for heated slabs shall not be required to extend
below the slab.
e. There are no SHGC requirements in the Marine
Zone.
f. Basement wall insulation is not required
in Warm Humid locations as defined by Figure R301.1 and Table R301.1.
g. The first value is cavity insulation; the
second value is continuous insulation. Therefore, as an example, “13 & 5”
means R-13 cavity insulation plus R-5 continuous insulation.
h. Mass walls shall be in accordance with
Section R402.2.5. The second R-value applies where more than half of the insulation
is on the interior of the mass wall.
i. A maximum U-factor of 0.32 shall apply
in Climate Zones 3 through 8 to vertical fenestration products installed in buildings
located either:
1. Above 4,000
feet in elevation, or
2.In windborne
debris regions where protection of openings is required by Section R301.2.1.2
of the International Residential Code.
|
(6) Modify Section R402.2.1 Ceilings
with attic spaces with the following:
(a) Add “or Section R402.1.3.1”
after “R402.1.3” and before “requires R-49 insulation”; and
(b) Add “or Section R402.1.3.1”
after “R402.1.3” and before “requires R-60 insulation”.
(7) Modify Section R402.2.2 Ceilings without attics with the following:
(a) Add “or Section R402.1.3.1”
after “R402.1.3” and before “requires insulation R-values greater than R-30”; and
(b) Add “or R402.1.3.1” after
“R402.1.3” and before “shall be limited to”.
(8) Modify Section R408 Additional
Efficiency Package Options:
(a) Add new Section “R408.3 Maryland Alternative Additional Energy
Efficiency Package Options. The provisions
of this Section shall be applied as part of the prescriptive compliance path of
Section R402.1.3.1. Additional energy efficiencies
from Table R408.3 must be selected to meet or exceed a minimum percentage increase
of 6% for climate Zone 4 and 6% for Climate Zone 5.”; and
(b) Add the following table: Table R408.3 Additional Energy Features1:
|
|
Energy
Feature
|
Percentage
Increase for Climate Zone 4
|
Percentage
Increase for Climate Zone 5
|
|
1
|
≥ 2.5% reduction in total UA5
|
1%
|
1%
|
|
2
|
≥ 5% reduction in total UA5
|
2%
|
3%
|
|
3
|
> 7.5% reduction in total UA5
|
2%
|
3%
|
|
4
|
0.22 U-factor windows5
|
3%
|
4%
|
|
5
|
High performance cooling system (Greater than
or equal to 18 SEER and 14 EER air conditioner)2
|
3%
|
2%
|
|
6
|
High performance cooling system (Greater than
or equal to 16 SEER and 12 EER air conditioner)2
|
3%
|
3%
|
|
7
|
High performance gas furnace (Greater than or
equal to 96 AFUE natural gas furnace)2
|
5%
|
7%
|
|
8
|
High performance gas furnace (Greater than or
equal to 92 AFUE natural gas furnace)2
|
4%
|
5%
|
|
9
|
High performance heat pump system (Greater than
or equal to 10 HSPF/18 SEER air source heat pump.)2
|
6%
|
6%
|
|
10
|
High performance heat pump system (Greater than
or equal to 9 HSPF/16 SEER air source heat pump.)2
|
5%
|
5%
|
|
11
|
Ground source heat pump (Greater than or equal
to 3.5 COP ground source heat pump.)2
|
6%
|
8%
|
|
12
|
Fossil fuel service water heating system (Greater
than or equal to 82 EF fossil fuel service water-heating system.)
|
3%
|
2%
|
|
13
|
High performance heat pump water heating system
option (Greater than or equal to 2.9 UEF electric service water-heating system.)
|
8%
|
6%
|
|
14
|
High performance heat pump water heating system.
(Greater than or equal to 3.2 UEF electric service water-heating system.)
|
8%
|
6%
|
|
15
|
Solar hot water heating system (Greater than
or equal to 0.4 solar fraction solar water-heating system.)
|
6%
|
6%
|
|
16
|
More efficient HVAC distribution system. (100
percent of ductless thermal distribution system or hydronic thermal distribution
system located completely inside the building thermal envelope.)
|
10%
|
12%
|
|
17
|
100% of ducts in conditioned space. (100 percent
of duct thermal distribution system located in conditioned space as defined by
Section R403.3.2.)
|
12%
|
15%
|
|
18
|
Reduced total duct leakage. (When ducts are located outside conditioned
space, the total leakage of the ducts, measured in accordance with R403.3.5, shall
be in accordance with one of the following:
a. Where air handler is installed at the time
of testing, 2.0 cubic feet per minute per 100 square feet of conditioned floor
area.
b. Where air handler
is not installed at the time of testing, 1.75 cubic feet per minute per 100 square
feet of conditioned floor area.)
|
1%
|
1%
|
|
19
|
2 ACH50 air leakage rate with ERV or HRV installed.
(Less than or equal to 2.0 ACH50, with either an Energy Recovery Ventilator (ERV)
or Heat Recovery Ventilator (HRV) installed.)3
|
10%
|
13%
|
|
20
|
2 ACH50 air leakage rate with balanced ventilation.
(Less than or equal to 2.0 ACH50, with balanced ventilation as defined in Section
202 of the 2021 International Mechanical Code.)4
|
4%
|
5%
|
|
21
|
1.5 ACH50 air leakage rate with ERV or HRV installed.
(Less than or equal to 1.5 ACH50, with either an ERV or HRV installed.)4
|
12%
|
15%
|
|
22
|
1 ACH50 air leakage rate with ERV or HRV installed.
(Less than equal to 1.0 ACH50, with either an ERV or HRV installed.)4
|
14%
|
17%
|
|
23
|
Energy Efficient Appliances (Minimum 3 appliances
not to exceed 1 form each type with follow efficiencies. Refrigerator - Energy Star Program Requirements,
Product Specification for Consumer Refrigeration Products, Version 5.1 (08/05/2021),
Dishwasher - Energy Star Program Requirements for Residential Dishwashers, Version
6.0 (01/29/2016), Clothes Dryer - Energy Star Program Requirements, Product Specification
for Clothes Dryers, Version 1.1 (05/05/2017) and Clothes Washer - Energy Star
Program Requirements, Product Specification for Clothes Washers, Version 8.1 (02/05/2018)
|
7%
|
5%
|
|
24
|
Renewable Energy Measure.4
|
11%
|
9%
|
|
1. Energy efficiency percentage increases
as established by PNNL.
2. For multiple cooling systems, all
systems shall meet or exceed the minimum efficiency requirements in this
section and shall be sized to serve 100 percent of the cooling design load.
For multiple heating systems, all systems shall meet or exceed the minimum
efficiency requirements in this section and shall be sized to serve 100
percent of the heating design load.
Increases to minimum efficiency requirements are limited to one
selection.
3. Minimum HRV and ERV requirements,
measured at the lowest tested net supply airflow, shall be greater than or
equal to 75 percent Sensible Recovery Efficiency (SRE), less than or equal to
1.1 cubic feet per minute per watt (0.03 m3/min/watt) and shall not use
recirculation as a defrost strategy. In addition, the ERV shall be greater
than or equal to 50 percent Latent Recovery/ Moisture Transfer (LRMT).
4. Renewable energy resources shall be
permanently installed that have the capacity to produce a minimum of 1.0 watt
of on-site renewable energy per square foot of conditioned floor area. The
installed capacity shall be in addition to any onsite renewable energy
required by Section R404.4. To qualify for this option, one of the following
forms of documentation shall be provided to the code official:
a.
Substantiation that the RECs associated with the on-site renewable energy are
owned by, or retired on behalf of, the homeowner.
b. A contract
that conveys to the homeowner the RECs associated with the on-site renewable
energy or conveys to the homeowner an equivalent quantity of RECs associated
with other renewable energy.
c. Reduction
in total UA from lines 1, 2 or 3 and higher performance windows from line 4
are limited to a single selection.
|
E. (text unchanged)
TIFFANY P.
ROBINSON
Secretary of Labor
Subtitle 12 DIVISION
OF LABOR AND INDUSTRY
09.12.57 International Green Construction
Code
Authority: Public Safety
Article, §12-503(d), Annotated Code of Maryland
Notice of Proposed Action
[22-317-P-I]
The Secretary of Labor proposes to adopt new Regulations .01 and .02 under a new chapter, COMAR
09.12.57 International Green Construction Code.
Statement of Purpose
The purpose of this action is to incorporate by reference the
first edition of the most recent version of the International Green
Construction Code as required by Ch. 38 (SB528), Acts of 2022.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to Mischelle F. Vanreusel, Acting Deputy
Commissioner, Division of Labor and Industry, 10946 Golden West Drive, Suite
160, Hunt Valley, MD 21030, or call 410-767-2225, or email to
dli.regulations+igcc@maryland.gov. Comments will be accepted through February
27, 2023. A public hearing has not been scheduled.
Editor’s Note on Incorporation by Reference
Pursuant to State Government
Article, §7-207, Annotated Code of Maryland, the 2021 International Green
Construction Code (IgCC), International Code Council, has been declared a
document generally available to the public and appropriate for incorporation by
reference. For this reason, it will not be printed in the Maryland Register or
the Code of Maryland Regulations (COMAR). Copies of this document are filed in
special public depositories located throughout the State. A list of these
depositories was published in 50:1 Md. R. 7 (January 13, 2023), and is
available online at www.dsd.state.md.us. The document may also be inspected at
the office of the Division of State Documents, 16 Francis Street, Annapolis,
Maryland 21401.
.01 Purpose.
The purpose of this chapter
is to adopt the International Green Construction Code (IgCC).
.02 Incorporation by
Reference.
The 2021 International Green
Construction Code (IgCC), International Code Council, is incorporated by
reference.
TIFFANY P. ROBINSON
Secretary Maryland Department of Labor
Subtitle 12 DIVISION
OF LABOR AND INDUSTRY
09.12.58 Maryland Building
Rehabilitation Code Regulations
Authority: Public Safety Article, §§12-1004 and 12-1007(a), Annotated
Code of Maryland
Notice of Proposed Action
[22-321-P-I]
The Secretary of Labor proposes to amend Regulations .03 and .04 under COMAR 09.12.58
Maryland Building Rehabilitation Code Regulations.
Statement of Purpose
The purpose of this action is to incorporate by reference the
first edition of the most recent version of the International Existing Building
Code. This action also clarifies and simplifies references to the Maryland
Accessibility Code and corrects a reference under definitions.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to Mischelle F Vanreusel, Acting Deputy
Commissioner, Division of Labor and Industry, 10946 Golden West Drive, Suite
160, Hunt Valley, MD 21030, or call 410-767-2225, or email to
dli.regulations+IEBC@maryland.gov. Comments will be accepted through February
27, 2023. A public hearing has not been scheduled.
Editor’s Note on Incorporation by Reference
Pursuant to State Government
Article, §7-207, Annotated Code of Maryland, the 2021 International Existing
Building Code (International Code Council) has been declared a document
generally available to the public and appropriate for incorporation by
reference. For this reason, it will not
be printed in the Maryland Register or the Code of Maryland Regulations
(COMAR). Copies of this document are filed in special public depositories
located throughout the State. A list of these depositories was published in 50:1
Md. R. 7 (January 13, 2023), and is available online at www.dsd.state.md.us.
The document may also be inspected at the office of the Division of State
Documents, 16 Francis Street, Annapolis, Maryland 21401.
.03 Incorporation by Reference.
A. The [2018] 2021
International Existing Building Code (International Code Council), as described
in this chapter, is incorporated by reference.
B. The [2018] International
Existing Building Code, as incorporated
by reference under §A of this regulation and described in this chapter,
shall constitute the Maryland Building Rehabilitation Code.
C. Modifications to the [2018] International
Existing Building Code.
(1) (text unchanged)
(2) Chapter 1. Delete Section 101.6
Appendices and replace with the following: 101.6 Appendices. The Appendices A [through] and C and Resource A are adopted as part of this code.
(3)—(5) (text unchanged)
(6) Chapter 3. Delete
Section 306 and replace with
the following: COMAR 09.12.53 shall be referenced for
minimum requirements in providing accessibility and usability of buildings and
facilities by individuals with disabilities.
[(6) Chapter 3. Delete
Section 305.1 Scope and replace with the
following: 305.1 Scope. The provisions of Sections 305.1 through 305.9 apply to maintenance, change of occupancy, additions
and alterations to existing buildings including those identified as historic
buildings. For additions, alterations, or change of use of existing buildings
of four or more dwelling units, the alteration,
change of use or addition to an existing residential building of four or more
units shall comply as follows:
(a) Dwelling units shall comply by either:
(i) Containing at least one dwelling unit for every 25 dwelling
units, or fraction of dwelling units, in the structure that is accessible and
usable according to the requirements pertaining to dwelling units in ANSI
A117.1-1986, with the complying dwelling units proportionally distributed
throughout all types of units, or
(ii) Having dwelling units at the accessible levels comply with the
requirements for Type B dwelling units.
(b) If the addition or alteration involves common area facilities
and parking, it shall be accessible in accordance with the Maryland Accessible
Code pertaining to covered multifamily dwellings.
(7) Chapter 3. Delete Exception to Section 305.4 Change of Occupancy.
(8) Chapter 3. Delete Exception 3 and Exception 4 to Section 305.6
Alterations.
(9) Chapter 3. Delete Section 305.8.8 Type B dwelling or sleeping
units.]
.04 Definitions.
A. (text unchanged)
B. Terms Defined.
(1) (text unchanged)
(2) "Complex rehabilitation project involving multiple
codes" means a rehabilitation project or portion of a project that
involves two or more construction codes listed in Regulation [.11B] .06B of this chapter and is in:
(a)—(b) (text unchanged)
(3)—(4) (text unchanged)
(5) “International Existing Building Code (IEBC)” means the [2015] International Existing Building
Code, as incorporated by reference under Regulation .03 of this chapter.
(6)—(8) (text unchanged)
TIFFANY P.
ROBINSON
Secretary of Labor
Title 10
MARYLAND DEPARTMENT OF HEALTH
Notice of Proposed Action
[22-337-P]
The Secretary of Health proposes to amend:
(1) Regulations .02—.04
and .06 under
COMAR 10.09.21 Pharmacists; and
(2) Regulation .04
under COMAR 10.67.06 Maryland Medicaid Managed Care
Program: Benefits.
Statement of Purpose
The purpose of this action is to expand coverage for the
administration of injectable medications for the treatment of sexually
transmitted infections and maintenance injectable medications when performed by
a pharmacist in accordance with Ch. 758 (S.B. 84), Acts of 2021, and Ch. 720
(S.B. 19), Acts of 2022.
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed action
establishes Medical Assistance coverage for the expansion of coverage for the administration
of injectable medications for the treatment of sexually transmitted infections
(STI) and maintenance injectable medications when performed by a pharmacist
effective January 1, 2023. The Program anticipates an economic impact of
$25,000 in Fiscal Year (FY) 2023.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On Issuing agency:
|
|
|
|
Maryland Department of Health
|
(E+)
|
$25,000
|
|
B. On other state agencies:
|
NONE
|
|
|
C. On local governments:
|
NONE
|
|
|
|
|
|
|
|
Benefit
(+)
Cost
(-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
|
|
|
Maryland Medicaid providers
|
(+)
|
$25,000
|
|
E. On other industries or
trade groups:
|
NONE
|
|
|
F. Direct and indirect
effects on public:
|
NONE
|
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
A and D. This amount assumes:
(1) For dates of service beginning January 1, 2023, the Program
will begin reimbursing for the administration of injectable medications for the
treatment of sexually transmitted infections and maintenance injectable
medications when performed by a pharmacist.
(2) The number of participants estimated to newly seek
administration of an injection by a pharmacist in FY 2023 is 1,629. The Program
estimates it will reimburse services at a rate of approximately $15.35 per
administration.
(3) The total impact of this new benefit for the applicable 6
months of coverage in FY 2023 is $25,000.
(4) This amount is subject to a 60 percent blended federal match
($15,000 federal funds and $10,000 general funds).
Economic Impact on Small Businesses
The proposed action has a meaningful economic impact on small
businesses. An analysis of this economic impact follows:
To the extent that small businesses are enrolled as Maryland
Medicaid pharmacists, they may bill and be reimbursed for the newly covered
services and benefit from reimbursement from the newly covered services.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to Jourdan Green, Director, Office of Regulation
and Policy Coordination, Maryland Department of Health, 201 West Preston
Street, Room 512, Baltimore, MD 21201, or call 410-767-6499, or email to
mdh.regs@maryland.gov. Comments will be accepted through February 27, 2023. A
public hearing has not been scheduled.
Subtitle 09 MEDICAL
CARE PROGRAMS
10.09.21 Pharmacists
Authority:
Health-General Article, §§2-104(b), 2-105(b), 15-103, and 15-148(c), Annotated
Code of Maryland
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(2) (text
unchanged)
(3) “Injectable
medication for treatment of a sexually transmitted infection” means a
medication that:
(a) Is administered
by injection other than intravenously;
(b) Treats a
sexually transmitted infection; and
(c) Is not a
vaccine.
(4) “Maintenance injectable
medication” has the meaning stated in COMAR 10.34.41.02.
[(3)] (5)—[(9)]
(11) (text unchanged)
.03 Provider
Qualifications and Conditions for Participation.
A.—B. (text unchanged)
C. A pharmacist who
administers maintenance injectable medications shall:
(1) Meet all Board
requirements to administer maintenance injectable medications set forth in
COMAR 10.34.41.03;
(2) Have completed a
Board-approved training program, as set forth in COMAR 10.34.41.04; and
(3) Meet all record-keeping
requirements set forth in COMAR 10.34.41.05.
D. A pharmacist who
administers injectable medications for the treatment of sexually transmitted
infection shall:
(1) Meet all
applicable Board requirements to administer injectable medications for the
treatment of sexually transmitted infection; and
(2) Have completed
any applicable Board-approved training programs.
.04 Covered Services.
The following services
are covered under this chapter:
A. Contraceptive services,
as follows:
[A.] (1) A patient
assessment performed at the pharmacist’s practice location in order to
determine:
[(1)] (a)—[(2)]
(b) (text unchanged)
[B.] (2) If contraceptives are prescribed, a referral:
[(1)] (a)—[(2)]
(b) (text unchanged)
B. Administration of
injectable medications for the treatment of sexually transmitted infection.
C. Administration of
maintenance injectable medications.
.06 Payment Procedures.
A. The provider shall [submit the request for payment of
services rendered according to procedures established by the Department and in
the form designated by the Department] adhere to general provider
payment procedures established in COMAR 10.09.36.04.
[B. The Department reserves the right to return to the
provider, before payment, all invoices not properly signed, completed, and
accompanied by properly completed forms required by the Department.]
[C.] B. (text unchanged)
[D. Payment advances are not made routinely.
E. The Program will make no direct payment to participants.
F. Billing time limitations for claims submitted pursuant to this chapter
are set forth in COMAR 10.09.36.06.]
Subtitle 67 MARYLAND
HEALTHCHOICE PROGRAM
10.67.06 Maryland
Medicaid Managed Care Program: Benefits
Authority:
Health-General Article, Title 15, Subtitle 1, Annotated Code of Maryland
.04 Benefits — Pharmacy Services.
A.—D. (text unchanged)
E. An MCO shall
provide coverage for the following when performed by a pharmacist:
(1) Contraceptive services,
as follows:
(a) A patient
assessment performed at the pharmacist’s practice location in order to
determine:
(i) Whether to
prescribe contraceptives; and
(ii) Which
contraceptive options to prescribe; and
(b) If
contraceptives are prescribed, a referral:
(i) To the
participant’s primary care practitioner or reproductive health care
practitioner; or
(ii) If the participant
does not have a primary care practitioner or a reproductive health care
practitioner, to a family planning provider or a licensed clinician who
provides reproductive health care services.
(2) Administration
of:
(a) Injectable
medications for the treatment of sexually transmitted infection; and
(b) Maintenance
injectables medications.
[E.] F. (text unchanged)
[F.] G. Any option for
accessing pharmacy services by mail order may be implemented only at the
request of the enrollee except for when the drug is a specialty drug as defined
in [§G] §H of this regulation.
[G.] H.—[I.] J.
(text unchanged)
[J.] K. The Department
shall:
(1) (text unchanged)
(2) Notify an MCO
annually if any of the standards established in [§I(2)] §J(2)
of this regulation have not been met.
[K.] L. For any performance
standard identified in [§J(2)] §K(2) of this regulation,
MCOs shall acknowledge any deficiencies within 30 days and correct any
deficiencies within 90 days or be subject to sanctions listed in COMAR
10.67.10.01A and B.
DENNIS R.
SCHRADER
Secretary of Health
Subtitle 09 MEDICAL CARE PROGRAMS
10.09.46 Home and
Community-Based Services Waiver for Individuals with Brain Injury
Authority: Health-General Article, §§2-104(b), 15-103, [and] 15-105, and 15-141.2,
Annotated Code of Maryland
Notice of Proposed Action
[22-350-P]
The Secretary of Health proposes to amend Regulations .01, .04, .05, .09-1, and .12 under COMAR 10.09.46
Home and Community-Based Services Waiver for Individuals with Brain Injury.
Statement of Purpose
The purpose of this action is to codify coverage for Brain Injury
Waiver services provided to Maryland Medicaid participants via virtual supports
as authorized, in accordance with the approved renewal of the waiver
application, and to expand the settings where day habilitation service may be
rendered. Additionally, this action incorporates the Brain Injury Waiver
services fee schedule.
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed action will
increase reimbursement for Brain Injury services based on provisions of the
Governor’s Fiscal Year 2023 budget and the supplemental budget. Effective July
1, 2022, Brain Injury Waiver providers received a 7.25 percent rate increase
over FY 2022 levels. The first quarter of FY 2023 (July 1, 2022 through
September 30, 2022) includes an additional one-time emergency temporary 4
percent rate increase. The total impact of these increases for FY 2023 is
$1,472,538.81.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On Issuing agency:
|
|
|
|
Maryland Department of Health
|
(E+)
|
$1,472,538.81
|
|
B. On other state agencies:
|
NONE
|
|
|
C. On local governments:
|
NONE
|
|
|
|
|
|
|
|
Benefit
(+)
Cost
(-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
|
|
|
Maryland Medicaid providers
|
(+)
|
$1,472,538.81
|
|
E. On other industries or
trade groups:
|
NONE
|
|
|
F. Direct and indirect
effects on public:
|
NONE
|
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
A and D. This amount assumes:
(1) Effective July 1, 2022, Brain Injury Waiver providers received
a 7.25 percent rate increase over FY 2022 levels. Brain Injury Waiver providers
also received an additional, one-time emergency temporary 4 percent rate
increase for the first quarter of FY 2023 (July 1, 2022 through September 30,
2022).
(2) Effective October 1, 2022, Brain Injury Waiver provider rates
will reflect only a 7.25 percent rate increase over FY 2022 levels, for the
remaining quarters of FY 2023 (October 1, 2022 through June 30, 2023).
(3) This represents an estimated $1,472,538.81 increase in total
funds for the program (43.8 percent general funds $644,972.00; 56.2 percent
federal funds $827,566.81).
Economic Impact on Small Businesses
The proposed action has a meaningful economic impact on small
businesses. An analysis of this economic impact follows:
Many of the providers of home and community-based services under
this chapter are small businesses. To the extent that Brain Injury Waiver
providers qualify as small businesses, they will benefit from the rate increase
included in this action.
Impact on Individuals with Disabilities
The proposed action has an impact on individuals with disabilities
as follows:
Individuals with disabilities receive services provided under this
chapter and will benefit to the extent that improved funding will enable
providers to maintain quality services. Additionally, the proposed action
clarifies coverage for virtual supports.
Opportunity for Public Comment
Comments may be sent to Jourdan Green, Director, Office of
Regulation and Policy Coordination, Maryland Department of Health, 201 West
Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499, or email
to mdh.regs@maryland.gov. Comments will be accepted through February 27, 2023.
A public hearing has not been scheduled.
.01 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(12) (text unchanged)
(13) “Individual support services (ISS)” means [individual
supports provided to a participant to support independence in the participant’s
own home or community.] assistance with acquisition, retention, or
improvement in skills related to self-help, socialization, and/or adaptive
skills furnished in the participant's home or community by a provider who does
not have round-the-clock responsibility for the participant's health and
welfare.
(14)—(24) (text unchanged)
(25) “Virtual supports” is an electronic method of service
delivery used to maintain or improve a participant’s functional abilities,
enhance interactions, support meaningful relationships, and promote their
ability to live independently and meaningfully participate in their community.
[(25)] (26)
(text unchanged)
.04 Program Model.
A. (text unchanged)
B. Development of the Initial Waiver Plan of Care. Before the start
of waiver services:
(1) A case manager shall meet with the participant or the
participant's legal representative, in
person or remotely, to develop the initial waiver plan of care;
(2)—(3) (text unchanged)
C. Waiver Plan of Care.
(1) The participant's waiver plan of care:
(a)—(b) (text unchanged)
(c) Specifies for each preauthorized waiver service the following
information, as appropriate:
(i)—(v) (text unchanged)
(vi) Approved service delivery mode;
[(vi)] (vii)—[(vii)] (viii)
(text unchanged)
(d)—(f) (text unchanged)
(2) (text unchanged)
D. (text unchanged)
.05 Conditions for Provider Participation — General.
General requirements for participation in the Medical Assistance
Program as a provider of BI waiver services are that the provider, with the
exception of a medical day care provider, shall:
A.—H. (text unchanged)
I. Agree to provide and bill BHA or its authorized representative
for only those services covered under this chapter which have been
preauthorized in the participant's waiver plan of care; [and]
J. Be ineligible to participate in the BI Waiver if the provider or
any of its current or previous principals [were previously
Medicaid providers, or its principals were principals of Medicaid providers
that] have overpayments that remain due and owing to the Department[.];
K. Provide services in person, except as authorized by the Department;
and
L. If providing services via virtual supports, comply with the
requirements established in Regulation .09-1 of this chapter.
.09-1 Covered Services — Individual Support Services.
A. (text unchanged)
[B. The covered services may include but are not limited to assistance
with:
(1) Activities of daily living;
(2) Budgeting and money management;
(3) Completing homework;
(4) Preparing meals;
(5) House cleaning, chores, and laundry;
(6) Grocery shopping;
(7) Using public transportation;
(8) Attending school or social events;
(9) Participating in any form of recreation or leisure activities;
(10) Participating in organized worship or spiritual activities;
(11) Volunteering and working;
(12) The coordination of medical care, public resources, and
community supports; and
(13) Development of strategies to compensate for cognitive
deficits.]
B. The service involves the training and development of
compensatory strategies and skills such that a waiver participant may learn to
initiate and complete activities on their own to fully engage in their
community, live independently, and compensate for cognitive and behavioral
deficits related to short term memory, planning, attention, concentration,
impulse control, and judgment, with the intended goal of minimizing the level
of staff support the individual needs over time and preventing
institutionalization.
C.—D. (text unchanged)
E. Services may be provided in-person or via virtual supports as
determined appropriate by the Department.
F. Providers delivering services via virtual supports:
(1) Shall ensure the participant's rights of privacy, dignity,
and respect, and freedom from coercion and restraint; and
(2) May provide direct support via virtual supports according to
the following requirements and restrictions:
(a) Virtual supports do not isolate the participant from
integration in the community or interacting with people without disabilities;
(b) The use of virtual supports is based on the participant’s
preferences, has been agreed to by the participant and their team, and is
outlined in the Plan of Service (POS);
(c) Virtual supports may not be used for the provider's
convenience;
(d) The use of virtual supports and the service delivery method
shall be documented per State requirements, policies, and guidance;
(e) Text messaging and emailing do not constitute virtual
supports;
(f) The virtual supports shall comply with the requirements of
the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as
amended by the Health Information Technology for Economic and Clinical Health
(HITECH) Act, and their applicable regulations to protect the privacy and
security of the participant’s protected health information;
(g) ISS may not be provided entirely via virtual supports;
(h) Virtual supports shall allow flexibility of service delivery
and supplement in-person direct supports as recommended and monitored by the
case manager;
(i) The provider shall develop, maintain, and enforce written
policies, approved by BHA, which address their procedures for ensuring:
(i) The participant’s rights of privacy, dignity, and respect,
and freedom from coercion and restraint;
(ii) The virtual supports meet applicable information security
standards; and
(iii) Their provision of virtual supports complies with
applicable laws governing individuals’ right to privacy;
(j) The provider shall train direct support staff on their
policies and advise participants and their person-centered planning teams
regarding the policies that indicate how a participant’s needs, including
health and safety, will be addressed safely via virtual supports;
(k) The virtual supports shall meet all federal and State
requirements, policies, guidance, and regulations;
(l) The provider shall ensure that virtual supports are accessible
to the participant and provide in-person trainings, prior to the initiation of
virtual services, to help the participant learn to use the required technology
independently; and
(m) Video cameras/monitors are not permitted in bedrooms and
bathrooms.
.12 Payment Procedures.
A.—B. (text unchanged)
C. Payments.
(1) (text unchanged)
(2) The Program shall pay [for
waiver services according to the fee-for-service schedule set forth in COMAR
10.21.25, with the exception of medical day care services.] according to the following
fee-for-service schedule:
(a) Residential habilitation reimbursed at:
(i) $276.59 from July 1, 2022 to September 30, 2022, then
effective October 1, 2022 at $266.64 per day for Level 1;
(ii) $366.22 from July 1, 2022 to September 30, 2022, then
effective October 1, 2022 at $353.06 per day for Level 2; and
(iii) $506.64 from July 1, 2022 to September 30, 2022, then
effective October 1, 2022 at $488.43 per day for Level 3;
(b) Day habilitation reimbursed at:
(i) $71.41 from July 1, 2022 to September 30, 2022, then
effective October 1, 2022 at $68.84 per day for Level 1;
(ii) $124.57 from July 1, 2022 to September 30, 2022, then
effective October 1, 2022 at $120.09 per day for Level 2; and
(iii) $175.24 from July 1, 2022 to September 30, 2022, then
effective October 1, 2022 at $168.84 per day for Level 3;
(c) Supported employment reimbursed at:
(i) $42.36 from July 1, 2022 to September 30, 2022, then
effective October 1, 2022 at $40.84 per day for Level 1;
(ii) $71.41 from July 1, 2022 to September 30, 2022, then
effective October 1, 2022 at $68.84 per day for Level 2; and
(iii) $175.24 from July 1, 2022 to September 30, 2022, then
effective October 1, 2022 at $168.84 per day for Level 3; and
(d) Individual support services (ISS): reimbursed at the maximum
rate of $8.6553 per 15 minutes from July 1, 2022 to September 30, 2022, then
effective October 1, 2022 at $8.3440 per 15 minutes.
(3) (text unchanged)
(4) Program rates specified in this regulation shall increase
each fiscal year through FY 2026, subject to the limitations of the State
budget.
DENNIS R.
SCHRADER
Secretary of Health
Subtitle 37 HEALTH SERVICES COST
REVIEW COMMISSION
10.37.01 Uniform Accounting
and Reporting System for Hospitals and Related Institutions
Authority: Health-General Article, §§19-207 and 19-215, Annotated
Code of Maryland
Notice of Proposed Action
[22-352-P-I]
The Health Services Cost Review Commission proposes to amend
Regulation .02 under COMAR 10.37.01 Uniform Accounting and Reporting System for
Hospitals and Related Institutions. This action was considered and approved
for promulgation by the Commission at an open meeting held on October 12, 2022,
notice of which was given through the Commission’s website.
Statement of Purpose
The purpose of this action is to update the Commission’s manual
entitled “Accounting and Budget Manual for Fiscal and Operation Management
(August 1987),” which has been incorporated by reference.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to William Hoff, Chief, Audit and Compliance,
Health Services Cost Review Commission, 4160 Patterson Avenue, Baltimore, MD
21215, or call 410-764-3488, or email to william.hoff@maryland.gov. Comments
will be accepted through February 27, 2023.
Editor’s Note on Incorporation by Reference
Pursuant to State Government
Article, §7-207, Annotated Code of Maryland, the Accounting and Budget Manual
for Fiscal and Operating Management (August 1987), Supplement 27, has been
declared a document generally available to the public and appropriate for incorporation
by reference. For this reason, it will not be printed in the Maryland Register
or the Code of Maryland Regulations (COMAR). Copies of this document are filed
in special public depositories located throughout the State. A list of these
depositories was published in 50:1 Md. R. 7 (January 13, 2023), and is
available online at www.dsd.state.md.us. The document may also be inspected at
the office of the Division of State Documents, 16 Francis Street, Annapolis,
Maryland 21401.
.02 Accounting System; Hospitals.
A. The Accounting
System.
(1) (text unchanged)
(2) The “Accounting and Reporting System for Hospitals”, also
known as the Accounting and Budget Manual for Fiscal and Operating Management
(August, 1987), is incorporated by reference, including the following
supplements:
(a)—(x) (text
unchanged)
(y) Supplement 25
(February 10, 2020); [and]
(z) Supplement 26
(January 14, 2021)[.]; and
(aa) Supplement 27
(October 12, 2022).
(3)—(5) (text
unchanged)
B.—D. (text
unchanged)
ADAM KANE
Chair
Health Services Cost Review Commission
Subtitle 43 BOARD OF CHIROPRACTIC
EXAMINERS
10.43.17 Telehealth
Authority: Health Occupations
Article, §§1-1001—1-1006 and 3-205, Annotated Code of Maryland
Notice of Proposed Action
[22-301-P]
The Secretary of Health proposes to adopt new Regulations .01—.06 under a new chapter, COMAR 10.43.17 Telehealth. This action
was considered by the Board of Chiropractic Examiners at a public meeting held
on October 22, 2020, notice of which was given by publication on the Board’s
website at https://health.maryland.gov/chiropractic/Pages/index.aspx pursuant
to General Provisions Article, §3–302(c), Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to provide new guidelines for
chiropractors for the practice of telehealth pursuant to Chs. 15 and 16, Acts
of 2020.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to Jourdan Green, Director, Office of
Regulation and Policy Coordination, Maryland Department of Health, 201 West
Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499, or email
to mdh.regs@maryland.gov. Comments will be accepted through February 27, 2023.
A public hearing has not been scheduled.
.01 Scope.
A. This chapter governs the practice of chiropractic using
telehealth as an adjunct to, or replacement for, in-person patient visits.
B. Nothing in the chapter restricts or limits reimbursement requirements
pursuant to the Health-General Article and Insurance Article, Annotated Code of
Maryland.
.02 Definitions.
A. In this chapter, the following terms have the meanings
indicated.
B. Terms Defined.
(1) “Asynchronous” means not occurring in real time.
(2) “Board” means the Maryland Board of Chiropractic Examiners.
(3) “In-person” means within the physical presence of the
patient.
(4) “Synchronous” means occurring in real time.
(5) “Telehealth” has the meaning stated in Health Occupations
Article, §1-1001, Annotated Code of Maryland.
(6) “Telehealth practitioner” means a Maryland licensed
chiropractor performing telehealth services within their respective scope of
practice.
.03 Licensure.
A. Subject to the provisions of Health Occupations Article,
Title 3, Annotated Code of Maryland, a telehealth practitioner shall be
licensed in Maryland when providing telehealth services to a patient located in
the State.
B. Telehealth practitioners licensed in this State are subject
to the jurisdiction of the State and shall abide by the telehealth requirements
of this chapter if either the practitioner or the patient is physically located
in this State.
.04 Standards of
Practice for Telehealth.
A. Before performing telehealth services, a telehealth
practitioner shall develop and follow a procedure to:
(1) Verify the identification of the patient receiving
telehealth services within a reasonable degree of certainty through use of:
(a) A government-issued photograph identification;
(b) An insurance, Medicaid, or Medicare card; or
(c) Documentation of the patient’s:
(i) Date of birth; and
(ii) Home address;
(2) For an initial patient encounter, disclose the telehealth
practitioner’s:
(a) Name;
(b) Maryland license number; and
(c) Contact information;
(3) Obtain oral or written consent from a patient or patient’s
parent or guardian if State law requires the consent of a parent or guardian, including
informing patients of the risks, benefits, and side effects of the recommended
treatment plan;
(4) Securely collect and transmit a patient’s medical health
information, clinical data, clinical images, laboratory results, and self-reported
medical health and clinical history, as necessary, and prevent access to data
by unauthorized persons through encryption or other means;
(5) Notify patients in the event of a data breach;
(6) Ensure that the telehealth practitioner provides a secure
and private telehealth connection that complies with federal and state privacy
laws; and
(7) Establish safety protocols to be used in the case of an
emergency, including contact information for emergency services at the
patient’s location.
B. Except when providing asynchronous telehealth services, a
telehealth practitioner shall:
(1) Obtain or confirm an alternative method of contacting the
patient in case of a technological failure;
(2) Confirm whether the patient is in Maryland and identify the
specific practice setting in which the patient is located; and
(3) Identify all individuals present at each location and
confirm they are allowed to hear the patient’s health information.
C. A telehealth practitioner shall be held to the same standards
of practice and documentation as those applicable for in-person chiropractic practice
appointments.
.05 Patient Evaluation.
A. A telehealth practitioner shall:
(1) Perform a synchronous or asynchronous clinical patient
evaluation that is appropriate for the patient and the condition with which the
patient presents before providing a treatment plan through telehealth; and
(2) If clinically appropriate for the patient, provide or refer
a patient to:
(a) In-person treatment; or
(b) Another type of telehealth service.
B. A telehealth practitioner may not treat a patient based
solely on an online questionnaire.
.06 Telehealth
Practitioner Discipline.
A. The Board shall use the same standards of evaluating and
investigating a complaint about and in disciplining a telehealth practitioner
who practices telehealth as it would use for a licensee who does not use
telehealth technology in the licensee’s practice.
B. The failure of a telehealth practitioner to comply with this
chapter shall constitute unprofessional conduct and may be subject to
disciplinary action by the Board.
DENNIS R.
SCHRADER
Secretary of Health
Subtitle 65 BOARD OF MASSAGE THERAPY
EXAMINERS
10.65.10 Telehealth
Authority: Health Occupations
Article, §§1-1001—1-1006 and 6-206, Annotated Code of Maryland
Notice of Proposed Action
[22-299-P]
The Secretary of Health proposes to adopt new Regulations .01—.06 under a new chapter, COMAR 10.65.10 Telehealth. This action
was considered by the Board of Massage Therapy Examiners at a public meeting
held on October 28, 2020, notice of which was given by publication on the Board’s
website at https://health.maryland.gov/massage/Pages/home.aspx pursuant to
General Provisions Article, §3–302(c), Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to provide new guidelines for
massage therapists for the practice of telehealth pursuant to Chs. 15 and 16,
Acts of 2020.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to Jourdan Green, Director, Office of
Regulation and Policy Coordination, Maryland Department of Health, 201 West
Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 , or email
to mdh.regs@maryland.gov. Comments will be accepted through February 27, 2023.
A public hearing has not been scheduled.
.01 Scope.
A. This chapter governs the practice of massage therapy using
telehealth as an adjunct to, or replacement for, in-person client visits.
B. Nothing in this chapter restricts or
limits reimbursement requirements pursuant to Health-General Article and
Insurance Article, Annotated Code of Maryland.
.02 Definitions.
A. In this chapter, the following terms have the meanings
indicated.
B. Terms Defined.
(1) “Asynchronous” means not occurring in real time.
(2) “Board” means the Maryland Board of Massage Therapy
Examiners.
(3) Health Care Services.
(a) “Health care services” means to provide client instruction
through telehealth using:
(i) Techniques that include, but are not limited to, stretching,
movement, breathing, and self-massage; and
(ii) Applications, such as nonlegend topicals and hot and cold
packs or pads.
(b) “Health care services” does not include:
(i) Mental health counseling; or
(ii) Nutritional counseling.
(4) “In-person” means within the physical presence of the
client.
(5) “Synchronous” means occurring in real time.
(6) “Telehealth” has the meaning stated
in Health Occupations Article, §1-1001, Annotated Code of Maryland.
(7) “Telehealth practitioner” means a Maryland licensed massage
therapist or a registered massage practitioner performing telehealth services
within their respective scope of practice as defined under Health Occupations
Article, §6-101, Annotated Code of Maryland.
.03 Licensure and
Registration.
A. Subject to the provisions of Health Occupations Article,
Title 6, Annotated Code of Maryland, a telehealth practitioner shall be
licensed or registered in Maryland when providing telehealth services to a
client located in the State.
B. Telehealth practitioners licensed or registered in this State
are subject to the jurisdiction of the State and shall abide by the telehealth
requirements of this chapter if either the practitioner or the client is
physically located in this State.
.04 Standards of
Practice for Telehealth.
A. Before performing telehealth services, a telehealth
practitioner shall develop and follow a procedure to:
(1) Verify the identification of the client receiving telehealth
services within a reasonable degree of certainty through use of:
(a) A government-issued photograph identification;
(b) Documentation of the client’s:
(i) Date of birth; and
(ii) Home address; or
(c) Except for registered massage therapists, an insurance,
Medicaid, or Medicare card;
(2) For an initial client encounter, disclose the telehealth
practitioner’s:
(a) Name;
(b) Maryland license or registration number; and
(c) Contact information;
(3) Obtain oral or written consent from a client or client’s
parent or guardian if State law requires the consent of a parent or guardian,
including informing clients of the risks, benefits, and side effects of the
recommended health care services;
(4) Securely collect and transmit a client’s medical health
information, clinical data, clinical images, laboratory results, and self-reported
medical health and clinical history, as necessary, and prevent access to data
by unauthorized persons through encryption or other means;
(5) Notify clients in the event of a data breach;
(6) Ensure that the telehealth practitioner provides a secure
and private telehealth connection that complies with federal and state privacy
laws; and
(7) Establish safety protocols to be used in the case of an
emergency, including contact information for emergency services at the client’s
location.
B. Except when providing asynchronous telehealth services, a
telehealth practitioner shall:
(1) Obtain or confirm an alternative method of contacting the
client in case of a technological failure;
(2) Confirm whether the client is in Maryland and identify the
specific practice setting in which the client is located; and
(3) Identify all individuals present at each location and
confirm they are allowed to hear the client’s health information.
C. A telehealth practitioner shall be held to the same standards
of practice and documentation as those applicable for in-person massage therapy
practice appointments.
.05 Client Evaluation.
A. A telehealth practitioner shall:
(1) Perform a synchronous or asynchronous clinical client
evaluation that is appropriate for the client and the condition with which the
client presents before providing health care services through telehealth; and
(2) If clinically appropriate for the client, provide or refer a
client to:
(a) In-person treatment; or
(b) Another type of telehealth service.
B. A telehealth practitioner may not treat a client based solely
on an online questionnaire.
.06 Telehealth
Practitioner Discipline.
A. The Board shall use the same standards of evaluating and
investigating a complaint about and in disciplining a telehealth practitioner
who practices telehealth as it would use for a licensee or registrant who does
not use telehealth technology in the licensee’s or registrant’s practice.
B. The failure of a telehealth practitioner to comply with this
chapter shall constitute unprofessional conduct and may be subject to
disciplinary action by the Board.
DENNIS R.
SCHRADER
Secretary of Health
Title 14
INDEPENDENT AGENCIES
Subtitle 40 MARYLAND CENTER FOR SCHOOL
SAFETY
14.40.04 Certification and
Training for School Security Employees and School Resource Officers
Authority: Education Article §§7-151(k), 7-1503(g), and 7-1508,
Annotated Code of Maryland.
Notice of Proposed Action
[22-316-P]
The Maryland Center for School Safety proposes to amend Regulations
.01—.03 under COMAR 14.40.04 Certification and Training for School Security Employees
and School Resource Officers. This action was considered at an open meeting
held on August 8, 2022, notice of which was published on the Center’s website
and social media.
Statement of Purpose
These amendments define school safety coordinators better and
improve training and certification requirements for school safety coordinators,
school resource officers, and school security employees.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to Kate Bryan, Executive Director, Maryland
Center for School Safety, 7125
Ambassador Road, Suite 130, Windsor Mill, MD 21244, or call
410-281-2335, or email to admin.mcss@maryland.gov. Comments will be accepted
through February 27, 2023. A public hearing has not been scheduled.
.01 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(2) (text unchanged)
(3) “School safety
coordinator (SSC)” means an individual or individuals in a school system,
regardless of job title, who serve as:
(a) The head of safety or security
for the school system; and
(b) If appointed by the local
school system, the liaison between the Center, local law enforcement, and the
local school system as required under Education Article, §7-1508(a), Annotated
Code of Maryland.
[(3)] (4) School Security
Employee.
(a) (text unchanged)
(b) “School security employee” includes [the following]
individuals [who are employed]:
(i) Employed by a local school system, either as salaried or
contractual employees, to provide safety and security-related services at a
public school; or
(ii) Assigned to a public
school, whose job description includes safety or security related services as
part of the individual’s primary duties.
[(i) School safety
coordinator;
(ii) School security director; and
(iii) Any individual designated by the administration within the
individual’s job description who is required to provide safety and
security-related services as a part of the individual’s regular job duties.]
(c) “School security employee” does not include:
(i) A school resource officer; [or]
(ii) Local law enforcement providing supplemental coverage to local
school systems[.];
(iii) An employee of the
school system not assigned to work in an individual public school as part of
their duties; or
(iv) A school administrator.
.02 School Safety Coordinator Certification.
A. The Center shall certify a school safety coordinator upon
completion of the following training:
(1) The [MCSS model] Center’s
curriculum [for school resource
officers and school security employees as set forth in Education Article,
§7-1508, Annotated Code of Maryland] and any annual updates; [and]
(2) The National Incident Management System, Incident Command
System, independent study courses 100, 200, 700, and 800[.]; and
(3) Federal Emergency
Management Agency (FEMA) independent study course, Multi-Hazard Emergency
Planning for Schools.
B. Supplemental Instruction.
(1)—(3) (text unchanged)
[C.] (4)A school safety
coordinator shall submit certificates of completion to the Center within 30
days of completion of the coursework.
.03 School Resource Officers
and School Security Employees [Certification] Training.
A. [A] Before working in a public school, a school resource officer [working
in a Maryland public school] or school security employee shall
complete the Center’s [40-hour] model curriculum [or an approved local training by September 1, 2019],
as required under Education Article, §7-1508, Annotated Code of Maryland.
[B. A school security
employee working in a Maryland public school shall complete the Center’s
40-hour model curriculum or an approved local training by September 1, 2019.
C. A school resource officer or school security employee working in
a Maryland public school who provides documentation to the Center demonstrating
that the individual received the 40-hour training course offered by the
National Association of School Resource Officers on or after September 1, 2017,
shall complete the Center’s 16-hour comparative compliance curriculum prior to
September 1, 2019.
D. A school resource officer or school security employee who is
hired to work in a Maryland public school on or after September 1, 2019, or on
or after September 1 annually thereafter, shall have until the beginning of the
next academic year to complete the required training set forth in this
subsection.
E. A school resource officer or school security employee who is
hired to work in a Maryland public school on or after September 1, 2019, or on
or after September 1 annually thereafter, who provides documentation to the
Center demonstrating that the individual received the 40-hour training course
offered by the National Association of School Resource Officers on or after
September 1, 2017, shall complete the Center’s 16-hour comparative compliance
curriculum prior to the beginning of the next academic year to complete the
required training set forth in this subsection.]
B. A school resource officer or school
security employee hired after the start of the school year will register and
complete the model training prior to the next school year and may begin work in
a school:
(1) Following notification to the
Center; and
(2) Following completion of
preliminary curriculum prescribed by the Center.
C. School resource officers and school
security employees shall complete a minimum of 16 additional hours of training
annually in content areas approved by the Center, including:
(1) Updated legislative and regulatory changes affecting the
work of SROs and SSEs;
(2) Expanded training in existing content areas;
(3) Any training identified or approved by the Center; or
(4) Any other mandates under State, federal, or local law.
D. Each year, the local school
superintendent shall certify to the Center’s Executive Director that school
security employees assigned to the jurisdiction’s schools have completed the
training required under this chapter.
KATE BRYAN
Executive Director
Subtitle 40 MARYLAND
CENTER FOR SCHOOL SAFETY
14.40.05 Critical,
Life-Threatening Incidents
Authority: Education Article, §§7-1503(g) and 7-1510(g), Annotated
Code of Maryland
Notice of Proposed Action
[22-318-P]
The Maryland Center for School Safety proposes to amend Regulations
.03 and .04 under COMAR 14.40.05
Critical, Life-Threatening Incidents. This action was considered at an open
meeting held on August 8, 2022, notice of which was posted on the Center’s website
and social media.
Statement of Purpose
This amendment aims to provide clearer definitions and direction
for local school systems regarding reporting a critical, life-threatening
incident.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to Kate Bryan, Executive Director, Maryland
Center for School Safety, 7125 Ambassador Road, Suite 130, Windsor Mill, MD
21244, or call 410-281-2335, or email to admin.mcss@maryland.gov. Comments will
be accepted through February 27, 2023. A public hearing has not been scheduled.
.03 Definitions.
A. (text unchanged)
B. Terms Defined.
(1) “Critical, life-threatening incident” means an event [in which conduct occurred causing death or which resulted in
serious bodily injury to one or more individuals, or which may be charged as a
threat of mass violence]:
(a) Which
results in an individual being charged with a threat of mass violence directed
at a school under Criminal Law Article,
§3-1001, Annotated Code of Maryland[.];
(b) Which occurred on school grounds
resulting in:
(i) Death, including self-harm;
(ii) Serious bodily injury; or
(iii) Protracted loss or impairment of
the function of a bodily member or organ to any individual.
(c) Determined by the local school
system or Center as a critical, life-threatening incident; or
(2) “School grounds” means the
physical area including:
(a) [The physical plant where the school is
located and operated, including all buildings, physical structures, and real
property owned or leased by the local school system for the operation of a
school; and] Where the school is located and operated;
(b) [School transportation vehicles either
owned by or contracted for by the local school system for the purposes of pupil
transportation.] Within 1000 feet of the school’s property
line;
(c) Buildings, physical
structures, and real property owned or leased by the local school system for
the operation of a school;
(d) Locations leased or
rented by the school or school system for school sponsored events; or
(e) School transportation vehicles
either owned by or contracted for by the local school system for the purposes
of pupil transportation.
.04 Notification.
A. A local school system
experiencing a critical, life-threatening incident shall have its school safety coordinator notify [MCSS] the Center of the incident as soon as
practicable, but no later than 24 hours after the local school system [learns of the incident] knew
or should have known that this was a critical, life-threatening incident or received
notice that the individual was charged under Criminal Law Article, §3-1001,
Annotated Code of Maryland.
B. (text unchanged)
C. The after-action
meeting participants shall include:
(1) Center staff;
(2) School safety coordinator;
(3) Representatives from the school or school system involved in the
response to or recovery from the incident; and
(4) Representatives from responding agencies.
[C.] D. The local school system shall file
the report required by Education Article, §7-1510(g)(2)(iii), Annotated Code of
Maryland, [within 60 days of the
completion of the after-action meeting set forth in §B of this regulation] as
soon as practicable following completion of the after-action meeting set forth
in §B of this regulation, but no later than 100 days after the occurrence of
the incident.
E. The after-action report shall include:
(1) The scope of the incident, including:
(a) Incident description;
(b) Timeline of events;
(c) Number of people injured;
(d) Number of fatalities;
(e) Number and type of first responders; and
(f) Parts of the emergency plan activated; and
(2) An evaluation of the response to the incident, including:
(a) Areas of the school’s emergency plan, procedures, and training that:
(i) Worked well; and
(ii) Need improvement;
(b) Equipment that failed to function properly;
(c) Actions that will be taken to address the identified areas of
improvement;
(d) Entities responsible for the corrective action or actions;
(e) Timeline for completion; and
(f) Lessons learned by the local school system from the incident
response and recovery.
F. The Center shall file the report required under Education Article,
§7-1510(g)(3), Annotated Code of Maryland:
(1) Within 45 days of receiving the report from the local school system;
or
(2) Within 45 days of the expiration of the filing deadline set forth at
§D of this regulation.
G. The Center shall develop guidelines for local school systems to
complete reports required by this regulation.
KATE BRYAN
Executive Director
Title 21
STATE PROCUREMENT REGULATIONS
Subtitle 11 SOCIOECONOMIC POLICIES
21.11.11 Prevailing
Wage—Contracts for Public Works
Authority: State Finance and Procurement Article, §§17-202, 17-204(a), and 17-221, Annotated Code of Maryland
Notice of Proposed Action
[22-324-P]
The Commissioner of Labor and Industry proposes to amend
Regulation .01, adopt new
Regulations .06 and .07, and recodify existing Regulations .06 and .07 to be Regulations .08
and .09 under COMAR 21.11.11 Prevailing Wage—Contracts for Public Works.
Statement of Purpose
The purpose of this action is to implement:
(1) The provisions of Ch. 51 (S.B. 259), Acts of 2022, by
including mechanical service systems installed as part of a building or public
work constructed under the Prevailing Wage Law and to clarify when a mechanical
service company is obligated to submit certified payroll records; and
(2) The provisions of Ch. 49 (S.B. 1), Acts of 2022, authorizing
the Commissioner to issue a stop work order to a contractor or subcontractor on
a public works project that may have violated the State’s Prevailing Wage Law.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to Mischelle F. Vanreusel, Acting Deputy
Commissioner, Division of Labor and Industry, 10946 Golden West Drive, Suite
160, Hunt Valley, MD 21030, or call 410-767-2225, or email to
dli.regulations+PW@maryland.gov. Comments will be accepted through February 27,
2023. A public hearing has not been scheduled.
.01 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(2) (text unchanged)
(3) “Stop work order” means an order issued by the Commissioner
to a contractor or subcontractor that requires the contractor or the
subcontractor to stop that contractor’s or that subcontractor’s work at the
location identified in the order.
[(3)] (4) (text unchanged)
.06 Mechanical Systems
Service Contracts.
A. This regulation applies to the following mechanical systems
service contracts:
(1) Valued at more than $2,500;
(2) Procured by a public body as defined in State Finance and
Procurement Article, §17-201(j), Annotated Code of Maryland; and
(3) Covering a mechanical system installed as part of a building
or public work constructed under the Prevailing Wage Law for a contract bid on
or after October 1, 2022.
B. A contractor performing
work on a mechanical systems service contract shall submit certified payroll
records pursuant to Regulation .02 of this chapter only for the weeks that work
was performed on the service contract.
.07 Stop Work Order.
A. Prior to the issuance of a stop work order, the Commissioner
shall:
(1) Send the contractor or subcontractor found to be in
violation a demand letter identifying any underpayments and any liquidated
damages owed by that contractor or subcontractor; and
(2) If the violation is not resolved by the demand letter,
notify the public body to withhold from payment due to the contractor or the
subcontractor found to be in violation the full amount of the wages due
including liquidated damages.
B. If a contractor or subcontractor fails to resolve the
underpayment and any liquidated damages as provided for in §A of this regulation,
the Commissioner may issue a stop work order to the violating contractor or the
violating subcontractor.
C. A stop work order shall contain:
(1) A description of the
underpayment amount and any liquidated damages;
(2) A clear description of
the work to be suspended and location or locations;
(3) A date within 48 hours of
issuance of the stop work order for a meeting with the Commissioner to discuss
resolution of the underpayment and any liquidated damages; and
(4) The deadline for the
contractor or the subcontractor to resolve the violation.
D. A stop work order shall be posted in a prominent and easily
accessible place at the location identified in the order.
MATTHEW S.
HELMINIAK
Commissioner of Labor and Industry
Title 26
DEPARTMENT OF ENVIRONMENT
Subtitle 04 REGULATION OF WATER
SUPPLY, SEWAGE DISPOSAL, AND SOLID WASTE
26.04.12 On-Site Wastewater Property
Transfer Inspection License
Authority: Environment
Article, §9-217.2, Annotated Code of Maryland
Notice of Proposed Action
[22-182-P]
The Secretary of the Environment proposes to adopt new Regulations
.01—.07 under a new chapter, COMAR 26.04.12 On-Site Wastewater Property
Transfer Inspection License.
Statement of Purpose
The purpose of this action is to bring COMAR into alignment with
Annotated Code of Maryland. Ch. 444 (H.B. 407) and Ch. 445 (S.B. 22), Acts of
2021, were enacted to prohibit an individual from engaging in the business of
inspecting an on-site sewage disposal system (OSDS) unless the person holds a
valid on-site wastewater property transfer inspection license issued by MDE on
or after July 1, 2022. The law required MDE to adopt regulations with
provisions for an administrative penalty of up to $10,000 for a violation and
providing that each inspection knowingly conducted without a valid license
constitutes a separate violation.
There are approximately 1125 OSDS property transfer inspectors in
Maryland, some of whom will be impacted by this legislation and will need to
obtain training, certification and a license to continue their business of
inspections. The bill’s licensing requirement does not apply to an individual
who inspects a septic system as part of the individual’s duties as an employee
of the federal government, the State, or any local government of the State.
Estimate of Economic Impact
I. Summary of Economic Impact. There will be a slight
economic impact to individuals who inspect on-site disposal systems (OSDS)
because the regulations will provide for a licensure requirement after July 1,
2022. The fee to obtain a license will be $150 every 2 years. Individuals who are
not licensed will not be allowed to inspect properties with OSDS and will be
required by the regulations to obtain certified training to conduct their
business.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On Issuing agency:
|
NONE
|
|
|
B. On other state agencies:
|
NONE
|
|
|
C. On local governments:
|
NONE
|
|
|
|
Benefit
(+)
Cost
(-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
NONE
|
|
|
E. On other industries or
trade groups:
|
|
|
|
Private sector OSDS inspectors
|
(+)
|
Small
|
|
F. Direct and indirect
effects on public:
|
|
|
|
Public
|
(-)
|
Small
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
E. In order to conduct an inspection, an individual must first
obtain an on-site wastewater property transfer inspection license from MDE. The
cost to obtain the license will be set at $150 every 2 years. The individual
will be required to apply for training and pass a test to be certified. In
2022, there are approximately 1200 individuals conducting OSDS inspections.
F. The public will have greater assurance that an individual who
inspects their property at the point of transfer will be certified by MDE to
conduct the inspection correctly and there will be remedies against ill-trained
or uncertified inspectors.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to Ms. Naomi Howell, Program Manager,
Wastewater Pollution Prevention and Reclamation Program, Water and Science
Administration, Maryland Department of the Environment, 1800 Washington Blvd.,
Baltimore, MD 21230, or call 410-537-3000, or email to
naomi.howell@maryland.gov. Comments will be accepted through February 27, 2023.
A public hearing has not been scheduled.
Editor’s Note: The text of
this document will not be printed here because it appeared as a Notice of
Emergency Action in 49:20 Md. R. 910—912 (September 23, 2023), referenced as [22-182-E].
SERENA McILWAIN
Secretary of the Environment Designate
Special Documents
DEPARTMENT OF THE ENVIRONMENT
SUSQUEHANNA RIVER BASIN
COMMISSION
Grandfathering (GF) Registration
Notice
AGENCY: Susquehanna
River Basin Commission.
ACTION: Notice.
SUMMARY: This notice
lists Grandfathering Registration for projects by the Susquehanna River Basin
Commission during the period set forth in DATES.
DATES: December 1-31, 2022.
ADDRESSES: Susquehanna River Basin Commission, 4423
North Front Street, Harrisburg, PA
17110-1788.
FOR FURTHER
INFORMATION CONTACT: Jason E. Oyler,
General Counsel and Secretary to the Commission, telephone: (717) 238-0423, ext. 1312; fax: (717) 238-2436; e-mail: joyler@srbc.net.
Regular mail inquiries may be sent to the above address.
SUPPLEMENTARY
INFORMATION: This notice lists GF Registration for projects, described below,
pursuant to 18 CFR Part 806, Subpart E, for the time period specified above:
Barney & Dickenson, Inc., GF Certificate
No. GF-202212232, Town of Vestal, Broome County, N.Y.; Main Storage Pond and
combined withdrawal from Wells 1, 2, and 3; Issue Date: December 15, 2022.
City of Norwich – Public Water Supply System,
GF Certificate No. GF-202212233, Towns of Norwich and New Berlin and City of
Norwich, Chenango County, N.Y.; combined withdrawal from Wells 1 and 2, Well 3,
and the Lower Reservoir; Issue Date:
December 15, 2022.
Hardinge Inc., GF Certificate No.
GF-202212234, Town of Horseheads, Chemung County, N.Y.; Wells 1, 2, and 3;
Issue Date: December 15, 2022.
Hidden Valley Golf Course, Inc., GF
Certificate No. GF-202212235, Wayne Township, Schuylkill County, Pa., Artesian
Well, the Other On-site Well, and the Chateau (Upper) Pond; Issue Date: December 15, 2022.
Knight Settlement Sand & Gravel, LLC, GF
Certificate No. GF-202212236, Town of Bath, Steuben County, N.Y.; Cohocton
River and the Concrete Well; Issue Date:
December 15, 2022.
The Pennsylvania State University – Public
Water Supply System and University Campus Use, GF Certificate No. GF-202212237,
College and Patton Townships and State College Borough, Centre County, Pa.; see
Addendum; Issue Date: December 15,
2022.
Tower City Borough Authority – Public Water
Supply System, GF Certificate No. GF-202212238, Porter Township, Schuylkill
County, Pa.; Wells 1 and 3; Issue Date:
December 15, 2022.
AUTHORITY: Public Law 91-575, 84 Stat. 1509 et seq.,
18 CFR parts 806 and 808.
DATED: January 6,
2023.
JASON E. OYLER
General Counsel and Secretary to the Commission
[23-02-04]
SUSQUEHANNA RIVER BASIN COMMISSION
Projects Approved for Minor
Modifications
AGENCY: Susquehanna
River Basin Commission.
ACTION: Notice.
SUMMARY: This notice
lists the minor modifications approved for a previously approved project by the
Susquehanna River Basin Commission during the period set forth in DATES.
DATES: December 1-31, 2022
ADDRESSES:
Susquehanna River Basin Commission, 4423 North Front Street, Harrisburg, PA
17110-1788.
FOR FURTHER
INFORMATION CONTACT: Jason E. Oyler, General Counsel and Secretary to the
Commission, telephone: (717) 238-0423, ext. 1312; fax (717) 238-2436; e-mail: joyler@srbc.net.
Regular mail inquiries may be sent to the above address.
SUPPLEMENTARY
INFORMATION: This notice lists previously approved projects, receiving approval
of minor modifications, described below, pursuant to 18 CFR § 806.18 or to
Commission Resolution Nos. 2013-11 and 2015-06 for the time period specified
above.
Inflection Energy (PA) LLC (Loyalsock Creek),
Docket No. 20221214, Upper Fairfield Township, Lycoming County, Pa.; approval
to change intake design and location; Approval Date: December 28, 2022.
AUTHORITY: Public Law 91-575, 84 Stat. 1509 et seq.,
18 CFR parts 806 and 808.
DATED: January 6, 2023.
JASON E. OYLER
General Counsel and Secretary to the Commission
[23-02-05]
SUSQUEHANNA RIVER BASIN COMMISSION
Public Hearing
AGENCY: Susquehanna
River Basin Commission.
ACTION: Notice.
SUMMARY: The
Susquehanna River Basin Commission will hold a public hearing on February 2,
2023. The Commission will hold this hearing in-person and telephonically. At this public hearing, the Commission will
hear testimony on the projects listed in the Supplementary Information section
of this notice. Such projects are
intended to be scheduled for Commission action at its next business meeting,
tentatively scheduled for March 16, 2023, which will be noticed
separately. The public should take note that this public hearing will be the
only opportunity to offer oral comment to the Commission for the listed
projects. The deadline for the submission of written comments is
February 13, 2023.
DATES: The public hearing will convene on February 2, 2023,
at 6:30 p.m. The public hearing will end at 9:00 p.m. or at the conclusion of
public testimony, whichever is earlier.
The deadline for the submission of written comments is Monday, February
13, 2023.
ADDRESSES: This public hearing will be conducted in-person
and virtually. You may attend in person at Susquehanna River Basin Commission,
4423 N. Front St., Harrisburg, Pennsylvania or join by telephone using Toll
Free Number 1-877-304-9269 and then entering guest passcode 2619070 followed by
#.
FOR FURTHER INFORMATION CONTACT: Jason Oyler, General
Counsel and Secretary to the Commission, telephone: (717) 238-0423 or joyler@srbc.net.
Information concerning the applications for the projects is
available at the Commission’s Water Application and Approval Viewer at https://www.srbc.net/waav. Additional supporting documents are available
to inspect and copy in accordance with the Commission’s Access to Records
Policy at www.srbc.net/regulatory/policies-guidance/docs/access-to-records-policy-2009-02.pdf.
SUPPLEMENTARY INFORMATION: The public hearing will cover the
following projects:
Projects Scheduled for Action:
Project
Sponsor: Biglerville Borough
Authority. Project Facility: Biglerville Borough Water Company,
Biglerville Borough and Butler Township, Adams County, Pa. Application for renewal of groundwater
withdrawal of up to 0.112 mgd (30-day average) from Well 7 (Docket No.
19930503).
Project Sponsor
and Facility: BKV Operating, LLC (North
Branch Wyalusing Creek), Middletown Township, Susquehanna County, Pa. Application for surface water withdrawal of
up to 2.731 mgd (peak day).
Project Sponsor
and Facility: Dillsburg Area Authority,
Carroll Township, York County, Pa.
Application for renewal of groundwater withdrawal of up to 0.460 mgd
(30-day average) from Well 7 (Docket No. 20070907).
Project Sponsor
and Facility: Dover Township, York
County, Pa. Application for renewal of
groundwater withdrawal of up to 0.360 mgd (30-day average) from Well 8 (Docket
No. 19911104).
Project Sponsor
and Facility: First Quality Tissue, LLC
(Bald Eagle Creek), Allison, Bald Eagle, and Castanea Townships, Clinton
County, Pa. Applications for renewal of
surface water withdrawal of up to 10.500 mgd (peak day) and consumptive use of
up to 2.500 mgd (peak day) (Docket No. 20080303).
Project Sponsor
and Facility: Hardinge Inc., Town of
Horseheads, Chemung County, N.Y.
Applications for groundwater withdrawals (30-day averages) of up to
0.550 mgd from Well 4 and renewal of 0.580 mgd from Well 5 (Docket No.
19900302).
Project
Sponsor: Helix Ironwood, LLC. Project Facility: Ironwood Generating Station (Pennsy Quarry),
South Lebanon Township, Lebanon County, Pa.
Applications for renewal of surface water withdrawal of up to 4.500 mgd
(peak day) and consumptive use of up to 4.500 mgd (peak day) (Docket No.
19980502).
Project Sponsor
and Facility: Mount Union Municipal
Authority, Wayne Township, Mifflin County, Pa.
Application for renewal of groundwater withdrawal of up to 0.432 mgd
(30-day average) from Well #3 – Lemkelde (Docket No. 20070303).
Project Sponsor
and Facility: Repsol Oil & Gas USA,
LLC (Fall Brook), Ward Township, Tioga County, Pa. Application for renewal of surface water
withdrawal of up to 0.999 mgd (peak day) (Docket No. 20180303).
Project Sponsor
and Facility: Repsol Oil & Gas USA,
LLC (Fellows Creek), Ward Township, Tioga County, Pa. Application for renewal of surface water
withdrawal of up to 0.999 mgd (peak day) (Docket No. 20180304).
Project Sponsor
and Facility: Seneca Resources Company,
LLC (Arnot No. 5 Mine Discharge), Bloss Township, Tioga Pa.
Application for renewal of surface water withdrawal of up to 0.499 mgd
(peak day) (Docket No. 20180305).
Project Sponsor
and Facility: Seneca Resources Company,
LLC (Cowanesque River), Deerfield Township, Tioga County, Pa. Application for renewal with modification to
increase the surface water withdrawal by an additional 0.661 mgd, for a total
of up to 1.600 mgd (peak day) (Docket No. 20220920).
Project Sponsor
and Facility: Seneca Resources Company,
LLC (Susquehanna River), Sheshequin Township, Bradford County, Pa. Application for renewal of surface water
withdrawal of up to 0.850 mgd (peak day) (Docket No. 20180306).
Project
Sponsor: Springwood, LLC. Project Facility: Bridgewater Golf Club, York Township, York
County, Pa. Application for renewal of
consumptive use of up to 0.099 mgd (30-day average) (Docket No. 20080307).
Project Sponsor
and Facility: SWN Production Company,
LLC (Susquehanna River), Great Bend Township, Susquehanna County, Pa. Application for renewal of surface water
withdrawal of up to 1.500 mgd (peak day) (Docket No. 20180307).
Project Sponsor
and Facility: Wise Foods, Inc., Berwick
Borough, Columbia County, Pa.
Application for renewal of groundwater withdrawal of up to 0.860 mgd
(30-day average) from Well PW-1 (Docket No. 19920502).
Project
Sponsor: Wynding Brook Inc. Project Facility: Wynding Brook Golf Club, Turbot Township,
Northumberland County, Pa. Application
for renewal of consumptive use of up to 0.099 mgd (30-day average) (Docket No.
20080304).
Project Scheduled for Action Involving a Diversion:
Project
Sponsor: Helix Ironwood, LLC. Project Facility: Ironwood Generating Station, South Lebanon
Township, Lebanon County, Pa.
Application for renewal of approval of an out-of-basin diversion of up
to 4.500 mgd (peak day) (Docket No. 19980502).
Commission-Initiated
Project Approval Modification
Project
Sponsor: Knouse Foods Cooperative,
Inc. Project Facility: Peach Glen Plant, Tyrone and Huntington
Townships, Adams County, and Dickinson Township, Cumberland County, Pa. Conforming the grandfathered amount with the
forthcoming determination for groundwater withdrawals (30-day averages) of up
to 0.327 mgd combined from Wells 2, 4, 5, 7, 8, 9, 10, and 13, and up to 0.046
mgd from Well 13 (Docket No. 20040912).
Opportunity to Appear and Comment:
Interested parties
may call into the hearing to offer comments to the Commission on any business
listed above required to be the subject of a public hearing. Given the nature
of the meeting, the Commission strongly encourages those members of the public
wishing to provide oral comments to pre-register with the Commission by e-mailing
Jason Oyler at joyler@srbc.net prior to
the hearing date. The presiding officer reserves the right to limit oral
statements in the interest of time and to otherwise control the course of the
hearing. Access to the hearing via telephone will begin at 6:15 p.m. Guidelines
for the public hearing are posted on the Commission’s website, www.srbc.net, prior to the hearing for
review. The presiding officer reserves the right to modify or supplement such
guidelines at the hearing. Written comments on any business listed above
required to be the subject of a public hearing may also be mailed to Mr. Jason
Oyler, Secretary to the Commission, Susquehanna River Basin Commission, 4423 North
Front Street, Harrisburg, Pa. 17110-1788, or submitted electronically through https://www.srbc.net/regulatory/public-comment/.
Comments mailed or electronically submitted must be received by the Commission
on or before February 13, 2023, to be considered.
AUTHORITY: Pub. L.
91-575, 84 Stat. 1509 et seq., 18 CFR Parts 806, 807, and 808.
DATED: January 6, 2023.
JASON E. OYLER
General Counsel and Secretary to the Commission
[23-02-06]
WATER AND SCIENCE
ADMINISTRATION
Water Quality Certification
22-WQC-0026
Anne Arundel Dept. of Public Works
2662 Riva Road
Annapolis, MD 21401
Add’l. Info: Pursuant to COMAR 26.08.02.10F(3)(c), The
Maryland Department of the Environment is providing notice of its issuance of a
Water Quality Certification 22-WQC-0026.
Location: Dividing Creek and Buckingham Cove in Arnold, and Severna Park, MD in
Anne Arundel County.
The purpose of the
project is improve navigable access.
1. Mechanically dredge a main
channel with the following sections:
Segment A includes maintenance dredging of a 450-foot long by 50 foot
wide channel, and dredging of a 200-foot long by 50-foot wide new channel, all
to a depth of 6.0 ft below MLW; Segment B includes maintenance dredging of a
260-foot long by 50-foot wide channel to depth of 5.0 ft below MLW; Segment C
includes maintenance dredging a 290-foot long by 50- to 75-foot wide channel to
a depth of 4.0 ft below MLW; Segment D includes maintenance dredging of a
200-foot long by 50-foot wide channel to a depth of 4.0 ft below MLW; Segment E
includes dredging of a 312-foot long by 30-foot wide new channel to a depth of
3.0 ft below MLW; Segment F includes maintenance dredging a 170-foot long by
35-foot wide channel, and dredging of a 260-foot long by 35-foot wide new
channel, all to a depth of 5 ft below MLW; Segment G includes maintenance
dredging of a 160-foot long by 35-foot wide channel to a depth of 4.0 feet
below MLW; and Segment H includes maintenance dredging of a 162-foot long by
35-foot wide channel, and a 100-foot long by 30-foot wide new channel, all to a
depth of 3.0 ft below MLW.
2. Approximately 4,496 cubic yards
of dredged material will be transported to one of the three following upland
disposal sites: Rock Creek Dredge Material Placement (DMP) Site at Water Oak
Point Road, Pasadena, MD 21122, Idlewilde DMP Site at Idlewilde Road, Shady
Side, MD 20764, or South County DMP Site at Sudley Road, West River, MD 20778.
3. Periodically maintenance dredge
for 6 years.
The WQC and its
attachments may be viewed at the following link:
https://mde.maryland.gov/programs/Water/WetlandsandWaterways/Pages/WQC.aspx
Appeal of Final
Decision. This Water Quality Certification is a final agency decision. Any
person aggrieved by the Department’s decision to issue this WQC may appeal such
decision in accordance with COMAR 26.08.02.10F(4). A request for appeal shall
be filed with the Department within 30 days of publication of the final
decision and specify in writing the reason why the final decision should be
reconsidered. A request for appeal shall be submitted to: Secretary of the
Environment, Maryland Department of the Environment, 1800 Washington Boulevard,
Baltimore, MD 21230. Any request for an appeal does not stay the effectiveness
of this WQC.
Contact: Heather Hepburn at heather.hepburn1@maryland.gov
and 410-537-3789.
[23-02-07]
WATER AND SCIENCE ADMINISTRATION
Water Quality Certification 22-WQC-0035
Sea Lord, LLC
9 Federal Street
Easton, MD 21601
Add’l. Info: Pursuant to COMAR 26.08.02.10F(3)(c), The
Maryland Department of the Environment is providing notice of its issuance of a
Water Quality Certification 22-WQC-0035
Location: 6010 Shipyard Lane, Easton, MD
21601
The purpose of
the project is to control shoreline erosion.
Description of Authorized Work:
· Construct 2,130
linear feet of stone armor within a maximum of 10 feet channelward of an
existing, functional bulkhead.
The WQC and its
attachments may be viewed at the following link:
https://mde.maryland.gov/programs/Water/Wetlands and
Waterways/Pages/WQC.aspx
Appeal of Final
Decision. This Water Quality Certification is a final agency decision. Any
person aggrieved by the Department’s decision to issue this WQC may appeal such
decision in accordance with COMAR 26.08.02.10F(4). A request for appeal shall
be filed with the Department within 30 days of publication of the final
decision and specify in writing the reason why the final decision should be
reconsidered. A request for appeal shall be submitted to: Secretary of the
Environment, Maryland Department of the Environment, 1800 Washington Boulevard,
Baltimore, MD 21230. Any request for an appeal does not stay the effectiveness
of this WQC.
Contact: Robert M. Simmons at robertm.simmons@maryland.gov or at 410-901-4044.
[23-02-08]
WATER AND SCIENCE ADMINISTRATION
Water Quality Certification 22-WQC-0041
Craftsmen
Developers LLC
7524 WB&A Rd
#101
Glen Burnie, MD
21061
Add’l. Info:
Pursuant to COMAR 26.08.02.10F(3)(c), The Maryland Department of the
Environment is providing notice of its issuance of a Water Quality
Certification 22-WQC-0041.
Location:
Sparrows Point Country Club; 919 Wise Ave, Baltimore MD 21222
1. Construct a 692-linear foot low
profile stone, sand containment sill, which includes 66-linear feet
of stone vents and 37-linear feet
of stone functioning as a phragmites barrier; and fill and grade
with 1,786 cubic yards of sand and
plant with 18,009 square feet of marsh vegetation, including
7,921 square feet of low marsh and
10,088 square feet of high marsh; all extending a maximum
of 50 feet channelward of the mean
high water line.
The WQC and its attachments may be viewed at the following
link:
https://mde.maryland.gov/programs/Water/WetlandsandWaterways/Pages/WQC.aspx
Appeal of Final Decision. This Water Quality Certification
is a final agency decision. Any person aggrieved by the Department’s decision
to issue this WQC may appeal such decision in accordance with COMAR
26.08.02.10F(4). A request for appeal shall be filed with the Department within
30 days of publication of the final decision and specify in writing the reason
why the final decision should be reconsidered. A request for appeal shall be
submitted to: Secretary of the Environment, Maryland Department of the
Environment, 1800 Washington Boulevard, Baltimore, MD 21230. Any request for an
appeal does not stay the effectiveness of this WQC.
Contact: Matt
Wallach at matthew.wallach@maryland.gov or
410-537-3527
[23-02-09]
DEPARTMENT OF TRANSPORTATION
MARYLAND TRANSPORTATION
AUTHORITY
Notice for
Public Comment
I-95 Express Toll Lanes (ETL) Northbound Extension Project
(Section 200) & I-695 Ramps to Northbound I-95 ETL Tolling Plan
On December 15, 2022, the Maryland
Transportation Authority (MDTA), the State agency that owns, finances, operates,
and maintains Maryland’s eight toll facilities, proposed the toll rate plan
shown below for the I-95 Express Toll Lanes (ETL) for the Northbound Extension
(Section 200) and I-695 ramps. The I-95 ETL Northbound Extension limits include
the northbound ETL lanes on I-95 from MD 43 to north of MD 24.
Toll Rate Proposal for Comment
The toll rate ranges for the I-95 Northbound
Extension (Section 200) and I-695 ramps to northbound I-95 ETL match the
existing toll rate ranges already set for the open/existing I-95 ETL facility
(Section 100).
Proposed
Toll Rate Ranges for the I-95 ETL Northbound Extension Project (Section 200)
and I-695 Ramps
Phased
openings in Winter 2024/2025 and Winter 2027/2028
Proposed E-ZPass® Per-Mile Toll Rate
Ranges
|
Vehicle Classification
|
Peak
|
Off-Peak
|
Overnight
|
|
Motorcycle
|
$0.11 - $0.18
|
$0.09 - $0.15
|
$0.04 - $0.15
|
|
2-axle
|
$0.22 - $0.35
|
$0.17 - $0.30
|
$0.07 - $0.30
|
|
3-axle light
|
$0.33 - $0.53
|
$0.26 - $0.45
|
$0.11 - $0.45
|
|
3-axle heavy
|
$0.44 - $0.70
|
$0.34 - $0.60
|
$0.14 - $0.60
|
|
4-axel light
|
$0.55 - $0.88
|
$0.43 - $0.75
|
$0.18 - $0.75
|
|
4-axel heavy
|
$0.66 - $1.05
|
$0.51 - $0.90
|
$0.21 - $0.90
|
|
5-axel
|
$1.32 - $2.10
|
$1.02 - $1.80
|
$0.42 - $1.80
|
|
6+-axel
|
$1.65 - $2.63
|
$1.28 - $2.25
|
$0.53 - $2.25
|
ETL Pricing Periods (Same as the Existing ETL
Pricing Periods)
Per COMAR 11.07.05.04, on certain holidays and
the days immediately before or after, the Executive Director may set or adjust
the time of day pricing mileage rate, pricing period, or toll zones consistent
with the toll rate range established by the Authority in accordance with §A of
this regulation. The Authority shall post notice of such action by the
Executive Director on the Authority’s official website at least 10 days prior
to the effective date.
|
Peak Periods:
· Southbound:
o
Monday
– Friday: 6AM – 9AM
o
Saturday:
12PM – 2PM
o
Sunday:
2PM – 5PM
· Northbound:
o
Monday
– Friday: 3PM – 7PM
o
Saturday:
12PM – 2 PM
o
Sunday:
2PM – 5PM
Overnight
Periods:
· Southbound and
Northbound, Monday – Sunday: 9PM – 5AM
Off-Peak
Periods: All other times
|
· The proposed toll
rate ranges apply to all three payment methods.
· Pay-by-Plate rate
ranges are 125% of the E-ZPass® mileage rate ranges.
· Video Toll Rate
ranges are 150% of the E-ZPass mileage rate ranges.
· There are no E-ZPass
Maryland Discounts on the ETL.
· Total
unregistered video surcharge (difference between ETC toll and
· unregistered
video toll amount) cannot exceed $15 per trip.
· The minimum trip
toll (not per mile) by payment type for all vehicle types would be $0.40 for
customers using E-ZPass, $0.50 for customers using Pay-By-Plate
(Registered Video), and $1.00 for customers using Video Tolling (Unregistered
Video).
· Video Tolling
customers can save 15% (maximum of $5 per transaction) by paying their Video
Tolls before the notice is mailed.
|
Public Hearings
Two public hearings and one virtual public
hearing will be held by the MDTA Board to receive public and private testimony
about the proposed tolling plan. All hearings will be held from 5:30-8:00 PM.
Sign-in and displays will be available at 5:30 PM and formal testimony will
begin at 6:00 PM. The public may arrive any time between 5:30 and 7:30 PM.
Registration for public testimony will close at 7:30 PM.
|
In-Person
February 27, 2023
Perry Hall High School
(Cafeteria)
4601 Ebenezer Rd.
Nottingham, MD 21236
Snow date March
1
|
Virtual
March 2, 2023
Register to participate in the virtual
hearing:
mdta.maryland.gov/I95ETLNB-Section200
|
In-Person
March 6, 2023
Joppatowne High School
(Media Center)
555 Joppa Farm Rd.
Joppatowne, MD 21085
Snow date March
9
|
Individuals who require special accommodations
under the Americans with Disabilities Act or who require translation services
(free of charge) should contact the Title VI Office at
mdtaeeo@mdta.maryland.gov or 410-537-5660 (711 for Maryland Relay) no later
than three (3) business days before the date of the hearing they wish to
attend.
Public Comments
Members of the public may submit comments for
the official record on the I-95 ETL Northbound Extension (Section 200) and
I-695 ramps to northbound I-95 ETL tolling rate ranges through April 13, 2023.
Comments may be submitted by visiting mdta.maryland.gov/I95ETLNB-Section200;
by writing to MDTA I-95 ETL Northbound Extension Project Toll Comment, 2310
Broening Highway, Baltimore, MD 21224; or providing testimony at a public
hearing.
The meeting details, proposed plan for final
action and approved tolling plan will be posted to mdta.maryland.gov.
[23-02-10]
General Notices
Notice
of ADA Compliance
The State of Maryland is committed to
ensuring that individuals with disabilities are able to fully participate in
public meetings. Anyone planning to
attend a meeting announced below who wishes to receive auxiliary aids,
services, or accommodations is invited to contact the agency representative at
least 48 hours in advance, at the telephone number listed in the notice or
through Maryland Relay.
STATE COLLECTION AGENCY LICENSING BOARD
Subject: Public Meeting
Date and Time: February 14, 2023, 2 — 3 p.m.; thereafter the public
meetings will take place the second Tuesday of every month, accessed via the
Google Meet information given.
Place: Via Google Meet — please see details below.
Add’l. Info: Video call link:
https://meet.google.com/ahz-mgnk-jsu
Or dial: (US) +1 530-738-1353
PIN: 815 799 863
More phone numbers:
https://tel.meet/ahz-mgnk-jsu?pin=1097700804795
If necessary, the Board will convene in a
closed session to seek the advice of counsel or review confidential materials,
pursuant to General Provisions Article, §3-305, Maryland Annotated Code.
Contact: Ayanna Daugherty
410-230-6019
[23-02-12]
MARYLAND HEALTH CARE COMMISSION
Subject: Public Meeting
Date and Time: February 16, 2023,
1 — 4 p.m.
Place: 4160 Patterson Ave., Baltimore, MD
Add’l. Info: Hybrid Meeting. Please visit the MHCC at website
mhcc.maryland.gov to register to attend this meeting via Zoom.
Contact: Valerie Wooding
410-764-3570
[23-02-14]
MARYLAND HEALTH CARE COMMISSION
Subject: Receipt of Application
Add’l. Info: On December 5, 2022, the Maryland Health Care Commission
(MHCC) received a Certificate of Need application submitted by Alpas Wellness
La Plata — (Matter No. 22-04-2462) Establish 36 adult Intermediate Care
Facility beds within a 108-bed residential behavioral health treatment
facility, planned to be licensed by the Behavioral Health Administration and
accredited by The Joint Commission. The project will feature six distinct units
providing targeted interventions for: substance use disorders, process
disorders to include gambling and sex addiction, and eating disorders. 36 beds
(18 Level 3.7 detoxification beds and 18 Level 3.7 medically managed beds) are
subject to a Certificate of Need Review. The remaining 72 beds fall under
Behavioral Health Administration’s oversight.
The MHCC shall review the applications
under Health-General Article, §19-101 et seq., Annotated Code of Maryland, and
COMAR 10.24.01.
Any affected person may make a written
request to the Commission to receive copies of relevant notices concerning the
application. All further notices of proceedings on the application will be sent
only to affected persons who have registered as interested parties.
Please refer to the Matter No. listed above
in any correspondence on the application. A copy of the application is
available, for review, in the office of the MHCC, during regular business hours
by appointment, or on the Commission’s website at www.mhcc.maryland.gov. All correspondence should
be addressed to Paul Parker, Deputy Director, Center for Health Care Facilities
Planning and Development, MHCC, 4160 Patterson Avenue Baltimore, Maryland
21215.
Contact: Ruby Potter
410-764-3276
[23-02-13]
