Maryland Register Issue Date:  June 16, 2023 Volume 50 •  Issue 12  • Pages 463 —498 IN THIS ISSUE Governor General Assembly Judiciary Regulations Special Documents General Notices

Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before May 26, 2023 5 p.m. Pursuant to State Government Article, §7-206, Annotated Code of Maryland, I hereby certify that this issue contains all documents required to be codified as of May 26, 2023. Gail S. Klakring Acting Administrator, Division of State Documents Office of the Secretary of State

Information About the Maryland Register and COMAR

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 ..................................................................... 466

COMAR Research Aids

Table of Pending Proposals ........................................................... 467

Index of COMAR Titles Affected in This Issue

COMAR Title Number and Name Page

03 Comptroller of the Treasury .............................................. 478

08 Department of Natural Resources ..................................... 475

10 Maryland Department of Health ........................................ 475

11 Department of Transportation ............................................ 476

14 Independent Agencies ............................................... 476, 477

21 State Procurement Regulations ......................................... 480

31 Maryland Insurance Commission ...................................... 491

33 State Board of Elections .................................................... 492

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

EXECUTIVE ORDER 01.01.2023.08

Protecting the Right to Seek Gender-Affirming Treatment in
Maryland . 470

EXECUTIVE ORDER 01.01.2023.09

Maryland Economic Council 471

The General Assembly

SYNOPSIS NO. 5 . 473

The Judiciary

SUPREME COURT OF MARYLAND

DISCIPLINARY PROCEEDINGS .................................. 474

Final Action on Regulations

08 DEPARTMENT OF NATURAL RESOURCES

FISHERIES SERVICE

Oysters . 475

Fishing Licenses—Point Assignment, License Revocation
and Suspension Schedule and Criteria, and Hearing
Procedure . 475

BOATING

Boating Accidents . 475

10 MARYLAND DEPARTMENT OF HEALTH

BOARD OF PHARMACY

Opening and Closing of Pharmacies . 475

11 DEPARTMENT OF TRANSPORTATION

MARYLAND TRANSIT ADMINISTRATION

Baltimore City — Transit Services for Public School
Students . 476

14 INDEPENDENT AGENCIES

COMMISSION ON CRIMINAL SENTENCING POLICY

Criminal Offenses and Seriousness Categories ....................... 476

Withdrawal of Regulations

14 INDEPENDENT AGENCIES

MARYLAND CENTER FOR SCHOOL SAFETY

Certification and Training for School Security Employees and
School Resource Officers . 477

Critical, Life-Threatening Incidents . 477

Proposed Action on Regulations

03 COMPTROLLER OF THE TREASURY

SALES AND USE TAX

Sales and Use Tax . 478

Administrative and Procedural Regulations—Sales and Use,
and Admissions and Amusement Taxes . 478

11 DEPARTMENT OF TRANSPORTATION

MOTOR VEHICLE ADMINISTRATION—VEHICLE
REGISTRATION

Apportioned Registration of Fleet Vehicles . 479

21 STATE PROCUREMENT REGULATIONS

GENERAL PROVISIONS

Terminology . 480

Applicability . 480

STATE PROCUREMENT ORGANIZATION

Board of Public Works . 480

STATE PROCUREMENT REGULATIONS AND
CONTRACTS

Electronic Transactions . 480

PROCUREMENT METHODS AND PROJECT DELIVERY

General Provisions . 480

Procurement by Competitive Sealed Bidding . 480

Procurement by Competitive Sealed Proposals . 480

Emergency and Expedited Procurements . 480

Small Procurement Regulations ($50,000 or Less) 480

Mandatory Written Solicitation Requirements . 480

Intergovernmental Cooperative Purchasing . 480

Master Contracting . 480

Auction Bids . 480

Pay-for-Success Contracting . 480

CONTRACT FORMATION AND AWARD

Invoicing, Payment, and Interest on Late Payments . 480

CONTRACT TERMS AND CONDITIONS

Mandatory Contract Provisions — All Contracts (except as
provided under COMAR 21.05.07, 21.07.02, and
21.07.03) 480

Mandatory Construction Contract Clauses . 480

Mandatory Terms and Conditions for Purchase Orders Over
$50,000 . 480

SUSPENSION AND DEBARMENT

Debarment 480

ADMINISTRATIVE AND CIVIL REMEDIES

Prompt Payment of Subcontractors . 480

SOCIOECONOMIC POLICIES

Small Business Procurements . 480

Minority Business Enterprise Policies . 480

Procurement from Maryland Correctional Enterprises, Blind
Industries and Services of Maryland, and the Employment
Works Program .. 480

Veteran-Owned Small Business Enterprises . 480

PROCUREMENT REPORTING REQUIREMENTS

Reporting Requirements . 480

31 MARYLAND INSURANCE ADMINISTRATION

INSURERS

Title Insurers . 491

33 STATE BOARD OF ELECTIONS

CAMPAIGN FINANCING

Prohibitions . 492

Administrative Accounts . 492

Special Documents

DEPARTMENT OF THE ENVIRONMENT

WATER AND SCIENCE ADMINISTRATION

Water Quality Certification 22-WQC-0036 . 494

Water Quality Certification 23-WQC-0011 . 494

Water Quality Certification 23-WQC-0013 . 495

General Notices

STATE COLLECTION AGENCY LICENSING BOARD
(SCALB)

Public Meeting . 496

COMMISSION ON CRIMINAL SENTENCING POLICY

Public Meeting . 496

DEPARTMENT OF THE ENVIRONMENT

Public Meeting . 496

Public Meeting . 496

MARYLAND DEPARTMENT OF HEALTH

Receipt of Application . 496

MARYLAND DEPARTMENT OF HEALTH/STANDING
ADVISORY COMMITTEE ON OPIOID-ASSOCIATED
DISEASE PREVENTION AND OUTREACH PROGRAMS

Public Meeting . 497

DEPARTMENT OF VETERANS AFFAIRS/MARYLAND
VETERANS COMMISSION

Public Meeting . 497

WORKERS’ COMPENSATION COMMISSION

Public Meeting . 497

GOVERNOR’S WORKFORCE DEVELOPMENT
BOARD/CAREER AND TECHNICAL EDUCATION (CTE)
COMMITTEE

Public Meeting . 497

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
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 and corrections pertaining to proposed regulations are listed, followed by “(err)” or “(corr),” respectively. 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

03.02.01.01 • 50:8 Md. R. 340 (4-21-23)

03.02.02.05—.07 • 50:8 Md. R. 340 (4-21-23)

03.02.04.01,.02 • 50:8 Md. R. 340 (4-21-23)

03.06.01.47 • 50:12 Md. R. 478 (6-16-23)

03.06.03.02,.03 • 50:12 Md. R. 478 (6-16-23)

05 DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

05.03.09.01—.11 • 50:7 Md. R. 304 (4-7-23)

05.20.05.01—.12 • 49:25 Md. R. 1054 (12-2-22)

08 DEPARTMENT OF NATURAL RESOURCES

08.02.03.11,.12 • 50:8 Md. R. 341 (4-21-23)

08.02.03.14 • 50:9 Md. R. 381 (5-5-23)

08.02.11.01 • 50:8 Md. R. 344 (4-21-23)

08.02.11.02,.04 • 50:8 Md. R. 345 (4-21-23)

08.02.20.01,.03 • 50:8 Md. R. 349 (4-21-23)

08.18.07.01 • 50:9 Md. R. 382 (5-5-23)

09 MARYLAND DEPARTMENT OF LABOR

09.03.14.01—.18 • 50:4 Md. R. 125 (2-24-23)

50:7 Md. R. 307 (4-7-23) (corr)

09.12.32.01—06 • 49:21 Md. R. 953 (10-7-22)

09.12.81.02 • 50:1 Md. R. 11 (1-13-23) (ibr)

09.22.01.13 • 50:3 Md. R. 92 (2-10-23)

09.28.04.01—.06,.08 • 50:9 Md. R. 382 (5-5-23)

10 MARYLAND DEPARTMENT OF HEALTH

Subtitle 09 (2nd volume)

10.09.01.03,.06 • 50:4 Md. R. 135 (2-24-23)

10.09.02.01,.03—.05,.07—.09,.11 • 50:1 Md. R. 11 (1-13-23) (ibr)

10.09.04.01,.03,.04,.07 • 50:7 Md. R. 307 (4-7-23)

10.09.05.01,.03—.07 • 49:27 Md. R. 1113 (12-30-22)

10.09.06.02,.04,.06,.07,.09 • 50:11 Md. R. 448 (6-2-23)

10.09.07.08 • 50:7 Md. R. 309 (4-7-23)

10.09.09.01,.03—.07 • 50:6 Md. R. 220 (3-24-23) (ibr)

10.09.10.07,.08 • 50:6 Md. R. 221 (3-24-23)

10.09.12.06,.07 • 50:6 Md. R. 222 (3-24-23)

10.09.15.03,.07 • 50:4 Md. R. 136 (2-24-23)

10.09.16.01—.13 • 50:4 Md. R. 136 (2-24-23)

10.09.17.03,.04 • 50:4 Md. R. 139 (2-24-23)

10.09.23.01,.01-1,.03—.05,.07,.08 • 50:6 Md. R. 224 (3-24-23) (ibr)

10.09.27.01,.03—.06 • 50:6 Md. R. 225 (3-24-23)

10.09.29.07 • 50:7 Md. R. 310 (4-7-23)

10.09.31.01,.03—.06 • 49:22 Md. R. 982 (10-21-22)

10.09.33.01,.02,.06,.07,.09 • 50:6 Md. R. 227 (3-24-23)

10.09.34.06 • 50:6 Md. R. 228 (3-24-23)

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)

10.09.48.08 • 50:6 Md. R. 229 (3-24-23)

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)

10.09.53.01,.07 • 50:7 Md. R. 311 (4-7-23)

10.09.54.01,.04,.14,.16,.17,.22 • 50:3 Md. R. 94 (2-10-23)

10.09.55.03,.06 • 49:27 Md. R. 1115 (12-30-22)

10.09.56.22 • 50:4 Md. R. 140 (2-24-23)

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)

10.09.89.09—.12,.14 • 50:6 Md. R. 230 (3-24-23)

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)

10.37.10.26 • 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)

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)

10.63.01.02,.05 • 50:4 Md. R. 143 (2-24-23)

10.63.02.02 • 50:4 Md. R. 143 (2-24-23)

10.63.03.20,.21 • 50:4 Md. R. 143 (2-24-23)

10.65.10.01—.06 • 50:2 Md. R. 69 (1-27-23)

10.67.06.26-6 • 49:22 Md. R. 982 (10-21-22)

11 DEPARTMENT OF TRANSPORTATION

Subtitles 11—23 (MVA)

11.15.22.17 • 50:12 Md. R. 479 (6-16-23)

11.17.13.02 • 50:10 Md. R. 408 (5-19-23)

12 DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

12.04.01.09,.14 • 50:10 Md. R. 409 (5-19-23)

13A STATE BOARD OF EDUCATION

13A.01.08.01—16 • 50:7 Md. R. 313 (4-7-23)

13A.01.09.01—11 • 50:7 Md. R. 315 (4-7-23)

13A.03.02.02,.04,.06,.07,.09,.09-1 • 50:11 Md. R. 449 (6-2-23)

13A.03.04.01,.02 • 50:11 Md. R. 449 (6-2-23)

13A.06.07.06—.08,.11,.12,.18,.19 • 50:8 Md. R. 351 (4-21-23)

13A.08.01.03 • 50:7 Md. R. 317 (4-7-23)

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.01.01.17 • 50:4 Md. R. 153 (2-24-23)

13B.02.06.01,.06,.11,.14 • 50:4 Md. R. 153 (2-24-23)

13B.03.01.03,.13 • 50:4 Md. R. 155 (2-24-23)

13B.07.02.03 • 50:4 Md. R. 156 (2-24-23)

13B.08.01.02 • 49:16 Md. R. 772 (7-29-22)

13B.08.12.01—.08 • 50:4 Md. R. 156 (2-24-23)

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)

13B.08.20.02—.13 • 50:4 Md. R. 158 (2-24-23)

14 INDEPENDENT AGENCIES

14.04.09.01—.04 • 49:9 Md. R. 536 (4-22-22)

14.35.10.01—.16 • 50:8 Md. R. 353 (4-21-23)

15 MARYLAND DEPARTMENT OF AGRICULTURE

15.01.17.02,.04,.08,.10—.20 • 50:11 Md. R. 452 (6-2-23)

20 PUBLIC SERVICE COMMISSION

20.50.01.03 • 50:10 Md. R. 410 (5-19-23)

20.50.02.02 • 50:10 Md. R. 410 (5-19-23)

20.50.03.04 • 50:10 Md. R. 410 (5-19-23)

20.50.11.01 • 50:10 Md. R. 410 (5-19-23)

20.50.12.01,.02,.04,.05,.08—18 • 50:10 Md. R. 410 (5-19-23)

20.51.01.02 • 50:6 Md. R. 232 (3-24-23)

20.51.02.03,.10 • 50:6 Md. R. 232 (3-24-23)

20.53.01.02 • 50:6 Md. R. 234 (3-24-23)

20.53.03.02 • 50:6 Md. R. 234 (3-24-23)

20.53.04.02 • 50:6 Md. R. 234 (3-24-23)

20.53.07.02,.05,.07,.08,.10,.12—.14 • 50:6 Md. R. 234 (3-24-23)

20.54.01.02 • 50:6 Md. R. 237 (3-24-23)

20.54.02.03,.10 • 50:6 Md. R. 237 (3-24-23)

20.59.01.02 • 50:6 Md. R. 238 (3-24-23)

20.59.03.02 • 50:6 Md. R. 238 (3-24-23)

20.59.04.02 • 50:6 Md. R. 238 (3-24-23)

20.59.07.02,.05,.07,.08,.10,.12—.14 • 50:6 Md. R. 238 (3-24-23)

20.61.01.03 • 50:6 Md. R. 241 (3-24-23)

20.61.02.01,.03 • 50:6 Md. R. 241 (3-24-23)

20.61.05.01 • 50:6 Md. R. 241 (3-24-23)

20.61.06.01—.03,.06,.12,.18 • 50:6 Md. R. 241 (3-24-23)

20.85.03.09 • 50:10 Md. R. 417 (5-19-23)

50:11 Md. R. 455 (6-2-23) (corr)

21 STATE PROCUREMENT REGULATIONS

21.01.02.01 • 50:12 Md. R. 480 (6-16-23)

21.01.03.01,.01-1,.03 • 50:12 Md. R. 480 (6-16-23)

21.02.01.04 • 50:12 Md. R. 480 (6-16-23)

21.03.05.01 • 50:12 Md. R. 480 (6-16-23)

21.05.01.01 • 50:12 Md. R. 480 (6-16-23)

21.05.02.01 • 50:12 Md. R. 480 (6-16-23)

21.05.03.02 • 50:12 Md. R. 480 (6-16-23)

21.05.06.01 • 50:12 Md. R. 480 (6-16-23)

21.05.07.06 • 50:12 Md. R. 480 (6-16-23)

21.05.08.05 • 50:12 Md. R. 480 (6-16-23)

21.05.09.08 • 50:12 Md. R. 480 (6-16-23)

21.05.13.01,.03,.05 • 50:12 Md. R. 480 (6-16-23)

21.05.14.01—.06 • 50:12 Md. R. 480 (6-16-23)

21.05.15.01—.05 • 50:12 Md. R. 480 (6-16-23)

21.06.09.01 • 50:12 Md. R. 480 (6-16-23)

21.07.01.31 • 50:12 Md. R. 480 (6-16-23)

21.07.02.05-2 • 50:12 Md. R. 480 (6-16-23)

21.07.03.27 • 50:12 Md. R. 480 (6-16-23)

21.08.03.03 • 50:12 Md. R. 480 (6-16-23)

21.10.08.01,.02,.06 • 50:12 Md. R. 480 (6-16-23)

21.11.01.02,.06 • 50:12 Md. R. 480 (6-16-23)

21.11.03.03,.09,.17 • 50:12 Md. R. 480 (6-16-23)

21.11.05.01—.07 • 50:12 Md. R. 480 (6-16-23)

21.11.14.04 • 50:12 Md. R. 480 (6-16-23)

21.13.01.08,.14,.18 • 50:12 Md. R. 480 (6-16-23)

26 DEPARTMENT OF THE ENVIRONMENT

Subtitles 01—07 (Part 1)

26.04.01.01,.01-1,.20,.37 • 50:3 Md. R. 106 (2-10-23) (ibr)

26.04.12.01—.07 • 50:2 Md. R. 73 (1-27-23)

Subtitles 08—12 (Part 2)

26.11.17.01,.04 • 50:11 Md. R. 455 (6-2-23)

26.11.34.02 • 50:10 Md. R. 417 (5-19-23)

26.12.01.01 • 50:9 Md. R. 384 (5-5-23) (ibr)

30 MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)

30.08.08.01—.22 • 50:5 Md. R. 184 (3-10-23)

31 MARYLAND INSURANCE ADMINISTRATION

31.03.02.03 • 50:8 Md. R. 355 (4-21-23)

31.04.22.02—.07 • 50:12 Md. R. 491 (6-16-23)

31.10.06.06 • 50:9 Md. R. 385 (5-5-23)

33 STATE BOARD OF ELECTIONS

33.01.05.06 • 50:7 Md. R. 317 (4-7-23)

33.01.07.01—.06 • 49:9 Md. R. 537 (4-22-22)

33.03.02.01,.03,.04 • 50:7 Md. R. 317 (4-7-23)

33.10.01.18 • 50:7 Md. R. 317 (4-7-23)

33.12.02.05 • 50:7 Md. R. 317 (4-7-23)

33.13.10.05 • 50:12 Md. R. 492 (6-16-23)

33.13.13.06 • 50:12 Md. R. 492 (6-16-23)

33.16.02.01,.03—.06 • 50:7 Md. R. 317 (4-7-23)

33.16.04.02 • 50:7 Md. R. 317 (4-7-23)

33.16.05.04 • 50:7 Md. R. 317 (4-7-23)

33.17.02.02,.04 • 50:7 Md. R. 317 (4-7-23)

33.21.01.02 • 50:7 Md. R. 317 (4-7-23)

33.21.03.02,.03 • 50:7 Md. R. 317 (4-7-23)

33.21.04.06 • 50:7 Md. R. 317 (4-7-23)

The Governor

EXECUTIVE ORDER 01.01.2023.08

Protecting the Right to Seek Gender-Affirming Treatment in Maryland

WHEREAS, Maryland’s Constitution and statutes are rooted in a fundamental belief in the blessings of individual liberty and equal rights for all Maryland residents; and

WHEREAS, Maryland residents who are lesbian, gay, bisexual, transgender, queer, questioning, intersex, asexual, or who otherwise do not identify as heterosexual or cisgender (LGBTQIA+) have historically faced discrimination; and

WHEREAS, In Maryland, we reject discrimination in all forms, value our LGBTQIA+ neighbors and over 94,000 transgender or non-binary residents, and will safeguard their rights given our shared belief that LGBTQIA+ individuals are entitled to respect, compassion, and the blessings of individual liberty that are our common heritage; and

WHEREAS, Discrimination in the provision of health care has been persistent for members of the transgender community in Maryland and around the nation; and

WHEREAS, While other states have deprived residents of access to gender-affirming treatment, and in some cases, criminalized this care, such treatment will be protected in Maryland, as the actions of these other states pose a threat to the health of LGBTQIA+ individuals by preventing them from affirming their gender identities through safe and medically necessary treatments; and

WHEREAS, In 1972, the State of Maryland amended the Declaration of Rights in its Constitution to include Article 46, ensuring that equality of rights under the law shall not be abridged or denied because of sex, which includes protection from discrimination on the basis of sexual orientation and gender identity; and

WHEREAS, In 2001, the State of Maryland prohibited discrimination based on sexual orientation with regard to public accommodations, housing, and employment, making existing remedies and procedures regarding discrimination applicable to discrimination based on sexual orientation; and

WHEREAS, In 2012, the State of Maryland became the first state in the nation to establish by vote of the state legislature that same sex couples are entitled to the same legal and civil benefits of marriage as heterosexual couples, and later that year Maryland voters approved the measure in a statewide referendum; and

WHEREAS, In 2014, the State of Maryland prohibited discrimination based on gender identity and expression with regard to public accommodations, housing, and employment in the Fairness for All Marylanders Act of 2014; and

WHEREAS, In 2018, the State of Maryland prohibited mental health or childcare practitioners from engaging in the harmful practice of conversion therapy with individuals who are minors, and barred the use of state funds for conducting or providing health coverage for conversion therapy, or providing a grant to any organization that conducts or provides insurance for conversion therapy; and

WHEREAS, In 2019, the State of Maryland amended its health code to ensure minors may consent to medical treatment without the consent of a parent or guardian and have the same capacity as an adult to consent to medical treatment, if in the judgment of the attending physician, the life or health of the minor would be adversely affected by delaying treatment to seek consent; and, Maryland law similarly protects the rights of minors to exercise their bodily autonomy and consent to treatment or advice for certain health related conditions including pregnancy, contraception, and HIV; and

WHEREAS, In 2021, the State of Maryland established the LGBTQ Affairs Commission in the Governor’s Office of Community Initiatives, which in April of 2023 was renamed the LGBTQIA+ Affairs Commission to reflect Marylanders who identify as questioning, intersex, asexual, and additional identities and charged the Commission with assessing the challenges the LGBTQIA+ community faces, collecting data across state agencies on the implementation of LGBTQ-inclusive policies, and assessing complaints alleging discrimination based on sexual orientation or gender identity; and

WHEREAS, In 2022, the State of Maryland restored LGBTQIA+ veterans with a less-than-honorable discharge to a status of “honorably discharged” for the purpose of state benefits, rights, and privileges if they were solely discharged due to their sexual orientation or gender identity or based on a statement or consensual act of the individual being discharged related to the individual’s sexual orientation or gender identity; and

WHEREAS, On March 31, 2023, I proudly proclaimed March 31 as the International Transgender Day of Visibility in Maryland, being the first governor in Maryland history to formally commemorate the day. This proclamation celebrates the accomplishments of transgender Marylanders while continuing to raise awareness to achieve trans justice; and

WHEREAS, On May 3, 2023, I proudly signed Senate Bill 460 and House Bill 283, The Trans Health Equity Act, that expands coverage for gender-affirming treatments for transgender Marylanders; and

WHEREAS, As the State of Maryland continues its efforts to make progress in trans justice and equal rights for all Marylanders in the LGBTQIA+ community, it is imperative that we are committed to protecting access to gender-affirming treatment by ensuring that no one who lawfully provides, assists, seeks, or obtains such treatment should be subjected to legal liability or professional sanctions; and

WHEREAS, Nothing in this Executive Order should be constructed to change Maryland Law or require coverage of services that are not considered medically necessary. This Executive Order is to ensure that individuals in Maryland are afforded the protections and rights provided under Maryland law;

NOW, THEREFORE, I, WES MOORE, GOVERNOR OF THE STATE OF MARYLAND, BY THE VIRTUE OF THE AUTHORITY VESTED IN ME BY THE CONSTITUTION AND LAWS OF MARYLAND, HEREBY PROCLAIM THE FOLLOWING EXECUTIVE ORDER, EFFECTIVE IMMEDIATELY:

A. Definitions.

1. “Gender-Affirming Treatment” means any medically necessary treatment consistent with current clinical standards of care prescribed by a licensed health care provider for the treatment of a condition related to the individual's gender identity.

2. “State Agency” means a department, agency, commission, board, council, or other body of state government subject to the direction and supervision of the Governor.

B. All state agencies shall, to the fullest extent within their authority, take whatever action is necessary and coordinate to protect people or entities in Maryland providing, receiving, assisting in providing or receiving, seeking, or traveling to obtain gender-affirming treatment.

C. Except as required by court order issued by a Maryland or federal court, or as required by Maryland or federal law, no state agency shall provide information, including patient medical records, patient-level data, or related billing information, or expend or use time, money, facilities, property, equipment, personnel, or other resources in furtherance of any investigation or proceeding that seeks to impose civil or criminal liability or professional sanctions upon a person or entity solely for:

1. The provision of, securing of, receipt of, inquiry into, or responding to any inquiry concerning gender-affirming treatment that is permitted under the laws of this State; or

2. The provision of any assistance to any individual or entity that relates to the provision of, securing of, receipt of, inquiry into, or responding to any inquiry concerning gender-affirming treatment that is permitted under the laws of this State; or

3. Traveling to Maryland to obtain, provide, receive, or inquire into gender-affirming treatment that is permitted under the laws of this State.

D. Except as required by a court order issued by a Maryland or federal court, or as required by Maryland or federal law, no state agency shall comply with a subpoena issued by another state, knowing that the subpoena seeks information solely because an individual or entity provided, received, assisted in providing or receiving, sought, inquired or responded to an inquiry about, or traveled to Maryland to obtain gender-affirming treatment that is permitted under the laws of this State for themselves or a child for whom they are the parent or legal guardian.

E. Pursuant to the discretion afforded me under § 9-106(a) of the Criminal Procedure Article of the Maryland Code, I shall refuse to surrender, on demand of the executive authority of any other state, any person who: (i) is found in this State; (ii) was not present in the demanding state at the time of the commission of the alleged offense and has not fled therefrom; and (iii) is charged with a criminal violation of a law of another state where the violation alleged involves the provision of, assistance with, securing of, or receipt of gender- affirming treatment that is permitted under the laws of this State.

F. Except when in conflict with any State or federal laws, a health occupations board shall not refuse to admit a person to an examination and shall not revoke, suspend, discipline, take an adverse action against, or refuse to issue or renew a license, certification, or other authorization to practice for any health care practitioner in whole or in part because of the provision of, authorization of, participation in, referral for, or assistance with gender-affirming treatment for a person who resides in a jurisdiction where the provision, authorization, participation, referral, or assistance is illegal, if the provision, authorization, participation, referral, or assistance would not be a basis for refusing to admit a person to an examination or for revoking, suspending, disciplining, taking an adverse action against, or refusing to issue or renew a license, certification, or other authorization to practice in this State.

G. This Executive Order shall not be construed to preclude a health occupations board from investigating an alleged violation of the applicable practice act by a Maryland-licensed practitioner that occurs in Maryland or from taking appropriate action against that practitioner.

GIVEN Under My Hand and the Great Seal of the State of Maryland, in the City of Annapolis, this 5th Day of June 2023.

WES MOORE
Governor

ATTEST:

SUSAN C. LEE
Secretary of State

EXECUTIVE ORDER 01.01.2023.09

Maryland Economic Council

WHEREAS, The State of Maryland is firmly committed to maintaining the economic health and well-being of Maryland’s vibrant and diverse economy.

WHEREAS, Sustained economic growth across all sectors is a priority in Maryland.

WHEREAS, The Governor must receive sound economic advice to effectively formulate and implement economic policies and achieve economic growth.

WHEREAS, Analyzing the intersection between international and national economies and State government, and current economic developments and trends will allow the State to more accurately forecast economic conditions and better mitigate challenges.

WHEREAS, Building and maintaining an equitable economy is key to economic prosperity in Maryland and ensuring that communities of color can effectively participate and contribute to the economy will promote economic growth and help eliminate the racial wealth gap.

WHEREAS, Maryland’s commitment to inclusivity and richness in cultural diversity are competitive assets. Ensuring that all residents can access the healthcare they and their families need, embracing the open and free exchange of ideas, books and educational opportunities, and a willingness to welcome and include all newcomers enhance the State’s economic development and economy and allow all Marylanders to fully participate in economic opportunities.

WHEREAS, As political leaders in other states restrict freedom, protecting liberty makes Maryland a more attractive place for individuals and companies to live and do business.

WHEREAS, State agencies and instrumentalities must work together to promote economic equity and advance the Governor’s economic agenda to ensure cohesion, effective implementation of economic policies, and best outcomes for Maryland’s economy, and ultimately, the residents of Maryland.

NOW, THEREFORE, I, WES MOORE, GOVERNOR OF THE STATE OF MARYLAND, BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE CONSTITUTION AND LAWS OF MARYLAND, HEREBY PROCLAIM THE FOLLOWING EXECUTIVE ORDER, EFFECTIVE IMMEDIATELY:

A. Establishment. There is hereby established a Maryland Economic Council (“Council”).

B. Membership. The Council shall consist of the following members:

(1) The Lieutenant Governor or the Lieutenant Governor’s designee;

(2) The Secretary of Budget & Management or the Secretary’s designee;

(3) The Secretary of Commerce or the Secretary’s designee;

(4) The Chief Data Officer or the Chief Data Officer’s designee;

(5) The Secretary of Labor or the Secretary’s designee;

(6) No fewer than five (5) and no more than fifteen (15) members, appointed by the Governor, with training, knowledge, and experience in analyzing and interpreting economic data, developments and trends, appraising programs and activities of the government, recommending economic policy in light of the international, national and State macroeconomic environment, and proposing strategies to build a more equitable economy; and

(7) Such other officials of executive departments and agencies as the Governor may from time to time designate.

C. Chair. The Governor shall appoint the Chair from among the members. The Chair shall serve at the pleasure of the Governor.

D. Meetings of the Council.

(1) The Council shall meet as often as its duties require, but no less than quarterly.

(2) The Council Chair may convene meetings of the Council and shall preside over the meetings.

E. Functions. The principal functions of the Council are to provide economic policy advice and recommendations to the Governor by:

(1) Identifying and tracking the underlying economic factors impacting the macroeconomic environment (such as interest rates, systematic risks in the banking system, disruptions to the global supply chain, gross domestic product, unemployment rates, and inflation);

(2) Analyzing the projected impacts of State policy issues, such as tax policy and specific investment proposals, on the competitiveness of the State’s economy and strengthening key economic metrics;

(3) Evaluating the State’s current economic development policies and activities to identify additional techniques to foster greater economic and business development and support commerce;

(4) Examining existing economic policy instrumentalities, boards and commissions within the State (including, but not limited to, the Maryland Economic Development Corporation (MEDCO), Maryland Technology Development Corporation (TEDCO), and Maryland Economic Development Commission (MEDC)), develop a plan to coordinate each entity’s distinct mandates, and identify potential areas for collaboration to meet desired goals;

(5) Reviewing current economic policies through an equitable lens to ensure fairness and help eliminate the racial wealth gap; and,

(6) Assessing and highlighting the economic and competitive impact of Maryland’s commitment to policies of inclusivity, openness, and diversity.

F. Administration.

(1) The Council may function through established or ad hoc committees.

(2) The Council shall be staffed by the Maryland Department of Commerce. The Council shall have such staff and other assistance as may be necessary to carry out the provisions of this order.

(3) All executive departments and agencies shall cooperate with the Council and provide such assistance, information, and advice to the Council as the Council may request, to the extent permitted by law.

G. Procedures.

(1) The Council Chair shall:

a. Oversee the implementation of this Executive Order and the work of the Council;

b. Determine the Council’s agenda; and

c. Identify additional support as needed.

(2) The Council Chair may adopt bylaws, rules, and other procedures necessary to ensure the orderly transaction of business.

(3) A majority of the members present shall constitute a quorum for the transaction of any business of the Council.

(4) The Council shall submit an annual report to the Governor on or before January 1, 2024, and by October 1st each year thereafter, outlining the current economic conditions impacting the macroeconomic environment, evaluating their impact on Maryland’s economy, and recommending courses of action consistent with its’ duties under section E of this order.

H. Duration. This Executive Order shall remain in effect until January 20, 2027, unless earlier modified or rescinded by the Governor.

I. This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State's receipt of federal funding.

J. If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Executive Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.

GIVEN Under My Hand and the Great Seal of the State of Maryland, in the City of Baltimore, this 8th Day of June 2023.

WES MOORE
Governor

ATTEST:

SUSAN C. LEE
Secretary of State

The General Assembly

For additional up-to-date information concerning bills introduced in the General Assembly, log on to http://mlis.state.md.us and click on Bill Information and Status. You may then enter a specific bill number for information about that bill. You may also click on Senate Synopsis or House Synopsis for the most recent synopsis list for each house, or click on Synopsis Index for a listing of all bill synopses since the beginning of the legislative session.

SYNOPSIS NO. 5

Chapters

CH0796 HB0131 Dels Moon and Clippinger. Criminal Law – Unnatural or Perverted Sexual Practice – Repeal.

CH0797 SB0054 Sen Lam. Criminal Law – Unnatural or Perverted Sexual Practice – Repeal.

CH0798 HB0239 (Enrolled) Del J. Long, et al. Accessory Dwelling Unit Policy Task Force.

CH0799 SB0382 (Enrolled) Sen M. Washington. Accessory Dwelling Unit Policy Task Force.

CH0800 HB0371 (Enrolled) Del Attar. Recordation Tax - Indemnity Mortgage Exemption - Threshold Amount.

CH0801 HB0701 (Amended) Del Kipke. Maryland Community Health Resources Commission and Offices of the Comptroller, Treasurer, and Attorney General - Compensation and Pay Scales of Employees.

CH0802 HB1071 (Enrolled) Del Crutchfield, et al. Criminal Law and Procedure - Cannabis - Fines for Smoking in Public, Stops, and Searches.

CH0803 SB0545 Sens Muse and Jackson. Towing or Removal of Vehicles - Reclamation Hours.

CH0804 SB0610 (Enrolled) Sen M. Washington, et al. Primary and Secondary Education - Virtual Education .

CH0805 SB0691 (Enrolled) Sen King. Home Amenity Rentals - Sales and Use Tax Imposed and Local Tax Authorized.

[23-12-08]

The Judiciary

SUPREME COURT OF MARYLAND

DISCIPLINARY PROCEEDINGS

This is to certify that by an Order of this Court dated May 25, 2023, JUSTIN MICHAEL WINTER (CPF# 1112150286), as of May 25, 2023, Justin Michael Winter has been disbarred by consent, effective immediately 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 May 25, 2023, CHAUNCEY BAYARCULUS JOHNSON, SR. (CPF# 0106200130), as of May 25, 2023, Chauncey Bayarculus Johnson, Sr.’s name has been replaced on the register of attorneys permitted to practice law in the Supreme Court of Maryland. Notice of this action is given in accordance with Maryland Rule 19-761(b).

[23-12-09]

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 08
DEPARTMENT OF NATURAL RESOURCES

Subtitle 02 FISHERIES SERVICE

08.02.04 Oysters

Authority: Natural Resources Article, §§4-215 and 4-1019.2, Annotated Code of Maryland

Notice of Final Action

[23-038-F]

On June 6, 2023, the Secretary of Natural Resources adopted amendments to Regulation .11 under COMAR 08.02.04 Oysters. This action, which was proposed for adoption in 50:8 Md. R. 342—344 (April 21, 2023), has been adopted as proposed.

Effective Date: June 26, 2023.

JOSH KURTZ
Secretary of Natural Resources

Subtitle 02 FISHERIES SERVICE

08.02.13 Fishing Licenses—Point Assignment, License Revocation and Suspension Schedule and Criteria, and Hearing Procedure

Authority: Natural Resources Article, §§4-220 and 4-701, Annotated Code of Maryland

Notice of Final Action

[23-056-F]

On June 6, 2023, the Secretary of Natural Resources adopted amendments to Regulations .03, .05, and .10 under COMAR 08.02.13 Fishing License—Point Assignment, License Revocation and Suspension Schedule and Criteria, and Hearing Procedure. This action, which was proposed for adoption in 50:8 Md. R. 346—349 (April 21, 2023), has been adopted as proposed.

Effective Date: June 26, 2023.

JOSH KURTZ
Secretary of Natural Resources

Subtitle 04 BOATING

08.04.07 Boating Accidents

Authority: Natural Resources Article, §§8-704, 8-712, and 8-724, Annotated Code of Maryland

Notice of Final Action

[23-060-F]

On June 6, 2023, the Secretary of Natural Resources adopted amendments to Regulation .01 under COMAR 08.04.07 Boating Accidents. This action, which was proposed for adoption in 50:8 Md. R. 350—351 (April 21, 2023), has been adopted as proposed.

Effective Date: June 26, 2023.

JOSH KURTZ
Secretary of Natural Resources

Title 10
MARYLAND DEPARTMENT OF HEALTH

Subtitle 34 BOARD OF PHARMACY

10.34.14 Opening and Closing of Pharmacies

Authority: Health Occupations Article, §§12-205 and 12-513, Annotated Code of Maryland

Notice of Final Action

[22-319-F]

On May 19, 2023, the Secretary of Health adopted amendments to Regulations .01 and .03 and new Regulation .03-1 under COMAR 10.34.14 Opening and Closing of Pharmacies. This action, which was proposed for adoption in 50:3 Md. R. 96—97 (February 10, 2023), has been adopted as proposed.

Effective Date: June 26, 2023.

LAURA HERRERA SCOTT
Secretary of Health

Title 11
DEPARTMENT OF TRANSPORTATION

Subtitle 06 MARYLAND TRANSIT ADMINISTRATION

11.06.05 Baltimore City — Transit Services for Public School Students

Authority: Transportation Article, §7-710, Annotated Code of Maryland

Notice of Final Action

[22-274-F]

On June 7, 2023, the Administrator of the Maryland Transit Administration adopted new Regulations .01—.05 under a new chapter, COMAR 11.06.05 Baltimore City — Transit Services for Public School Students. This action, which was proposed for adoption in 50:7 Md. R. 312 — 313 (April 7, 2023), has been adopted as proposed.

Effective Date: June 26, 2023.

HOLLY T. ARNOLD
Administrator

Title 14
INDEPENDENT AGENCIES

Subtitle 22 COMMISSION ON CRIMINAL SENTENCING POLICY

14.22.02 Criminal Offenses and Seriousness Categories

Authority: Criminal Procedure Article, §6-211, Annotated Code of Maryland

Notice of Final Action

[23-041-F]

On June 6, 2023, the Maryland State Commission on Criminal Sentencing Policy adopted amendments to Regulation .02 under COMAR 14.22.02 Criminal Offenses and Seriousness Categories. This action, which was proposed for adoption in 50:8 Md. R. 352 (April 21, 2023), has been adopted as proposed.

Effective Date: July 1, 2023.

DAVID A SOULE
Executive Director

Withdrawal of Regulations

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 Withdrawal

[22-316-W]

The Maryland Center for School Safety withdraws its proposal to amend Regulations .01—.03 under COMAR 14.40.04 Certification and Training for School Security Employees and School Resource Officers, as published in 50:2 Md. R. 70—71 (January 27, 2023).

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 Withdrawal

[22-318-W]

The Maryland Center for School Safety withdraws its proposal to amend Regulations .03 and .04 under COMAR 14.40.05 Critical, Life-Threatening Incidents, as published in 50:2 Md. R. 71—72 (January 27, 2023).

KATE BRYAN
Executive Director

Proposed Action on Regulations

Title 03
COMPTROLLER OF THE TREASURY

Subtitle 06 SALES AND USE TAX

Notice of Proposed Action

[23-093-P]

The Comptroller of the Treasury proposes to:

(1) Adopt new Regulation .47 under COMAR 03.06.01 Sales and Use Tax; and

(2) Amend Regulations .02 and .03 under COMAR 03.06.03 Administrative and Procedural Regulations—Sales and Use, and Admissions and Amusement Taxes.

Statement of Purpose

The purpose of this action is to provide general guidance regarding the application of sales and use tax to sales and purchases of cannabis and to clarify the sales and use tax record keeping and reporting requirements.

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 Michael Sheehan, Supervising Attorney, Legal Division, Comptroller of the Treasury, Comptroller of Maryland, P.O. Box 1829, Annapolis, MD 21411, or call 667-290-3639, or email to msheehan@marylandtaxes.gov. Comments will be accepted through July 17, 2023. A public hearing has not been scheduled.

03.06.01 Sales and Use Tax

Authority: Tax-General Article, §§2-102, 2-103, 11-102, [11-104 (h)] 11-104, 11-105, 11-206, 11-245, 11-502, and 11-504 Annotated Code of Maryland

.47 Cannabis.

A. Scope. This regulation applies to all businesses required to be licensed or registered by the Maryland Cannabis Administration, including growers, micro growers, processors, microprocessors, incubator space operators, dispensaries, micro dispensaries, on-site consumption establishments, and delivery services.

B. Definitions.

(1) In this regulation, the following terms have the meanings indicated.

(2) Terms Defined.

(a) “Cannabis” has the meaning stated in Alcoholic Beverages and Cannabis Article, §1-101, Annotated Code of Maryland.

(b) “Delivery service” has the meaning stated in Alcoholic Beverages and Cannabis Article, §36-101, Annotated Code of Maryland.

(c) “Medical cannabis” means cannabis that is:

(i) Purchased by or administered to an individual who is registered as a qualifying patient, as defined in Alcoholic Beverages and Cannabis Article, §36-101, Annotated Code of Maryland; or

(ii) Purchased by a caregiver, as defined in Alcoholic Beverages and Cannabis Article, §36-101, Annotated Code of Maryland.

(d) “Vaping liquid” has the meaning indicated in Business Regulation Article, §16.7-101, Annotated Code of Maryland.

C. Returns and Record Keeping.

(1) A cannabis business shall:

(a) Maintain records as required by law; and

(b) Comply with all statutory and regulatory reporting requirements, and any other requirements published by the Comptroller.

(2) For each separate return required to be filed under COMAR 03.06.03.03, a cannabis business may claim the credit allowed under Tax-General Article, §11-105, Annotated Code of Maryland, for timely filing a sales and use tax return.

D. Exemptions.

(1) Sales Between Cannabis Businesses.

(a) Subject to §D(1)(b) and (c) of this regulation, the sales and use tax does not apply to the retail sale of cannabis between cannabis businesses that are licensed under Alcoholic Beverages and Cannabis Article, Title 36, Annotated Code of Maryland.

(b) A licensed buyer shall present a resale certificate to the licensed seller as evidence of eligibility for the exemption under §D(1)(a) of this regulation.

(c) A seller shall retain a record of the sale in compliance with COMAR 03.06.03.02.

(d) Except as provided in §D(1)(e) of this regulation, the resale certificate shall include the information required in Regulation .14 of this chapter.

(e) If the buyer is not required to obtain a sales and use tax license, the buyer shall include its cannabis business license number instead of a sales and use tax registration number on its resale certificate.

(2) Sales of Medical Cannabis.

(a) The sales and use tax does not apply to the sale of medical cannabis under Alcoholic Beverages and Cannabis Article, Title 36, Annotated Code of Maryland.

(b) For every sale of medical cannabis, the seller shall record the qualifying patient or caregiver’s registration number and retain a record of the sale in compliance with COMAR 03.06.03.02.

E. Clarifications.

(1) Notwithstanding Tax-General Article, §11-104(j), Annotated Code of Maryland, regarding the sales and use tax rate for certain vaping liquid containers, the sales and use tax rate for vaping liquid containing cannabis shall be the rate applicable to cannabis under Tax-General Article, §11-104(k), Annotated Code of Maryland.

(2) Notwithstanding the exemption from sales and use tax for certain food, the sale of food or edible products containing cannabis shall be subject to the sales and use tax rate applicable to cannabis under Tax-General Article, §11-104(k), Annotated Code of Maryland.

03.06.03 Administrative and Procedural Regulations—Sales and Use, and Admissions and Amusement Taxes

Authority: Tax-General Article, §§2-102 [and], 2-103, 11-104, and 11-245, Annotated Code of Maryland

.02 Records.

A.—C. (text unchanged)

D. Exempt Sales.

(1) If sales for resale are made, resale certificates obtained from the purchaser shall be retained. For sales and use tax purposes, if a sale to an exempt purchaser is made, an exemption number issued to the purchaser shall be a part of the sales record.

(2) For every sale of medical cannabis, as defined in COMAR 03.06.01.47, the qualifying patient or caregiver’s registration number shall be a part of the sales record.

E.—G. (text unchanged)

H. The computation of the tax under [§F] §G is presumptively correct.

.03 Returns.

A. Filing Requirements.

(1) Sales and Use Tax.

(a) [A] Subject to §A(1)(b) of this regulation, a person who makes taxable sales or purchases during the course of a month shall file with the Comptroller a report of those sales or purchases, accompanied by payment of the taxes due, by the 20th day of the succeeding calendar month.

(b) A person who makes retail sales, sales for use, or purchases for use of cannabis, as defined in COMAR 03.06.01.47, during the course of a month shall file a separate report and payment for each physical location in the State at which the person makes retail sales, sales for use, or purchases for use of cannabis.

(2) (text unchanged)

B. (text unchanged)

C. The Comptroller shall mail [registrants] appropriate returns to registrants who request them well in advance of due dates. The failure to receive a return from the Comptroller does not, however, alter a person’s obligation to file on time. A person who has not received a return from the Comptroller far enough in advance of the due date to avoid a late filing shall request an additional form from the Comptroller or file a signed schedule providing the information normally required on a return, together with the taxes due, on or before the due date.

D.—E. (text unchanged)

BROOKE LIERMAN
Comptroller of the Treasury

Title 11
DEPARTMENT OF TRANSPORTATION

Subtitle 15 MOTOR VEHICLE ADMINISTRATION—VEHICLE REGISTRATION

11.15.22 Apportioned Registration of Fleet Vehicles

Authority: Transportation Article, §12-406, Annotated Code of Maryland

Notice of Proposed Action

[23-080-P]

The Department of Transportation proposes to repeal Regulation .17 under COMAR 11.15.22 Apportioned Registration of Fleet Vehicles.

Statement of Purpose

The purpose of this action is to repeal obsolete regulations due to technical advancements in licensing services provided by MDOT MVA’s Customer Connect system to applicants of trip permits and temporary operating authority.

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 Tracey C. Sheffield, Regulations Coordinator , Motor Vehicle Administration , 6601 Ritchie Highway N.E., Room 200, Glen Burnie, MD 21062, or call 410-768-7545, or email to tsheffield@mdot.maryland.gov. Comments will be accepted through July 17, 2023. A public hearing has not been scheduled.

CHRISTINE NIZER
Motor Vehicle Administrator

Title 21
STATE PROCUREMENT REGULATIONS

Notice of Proposed Action

[23-070-P]

The Board of Public Works proposes to:

(1) Amend Regulation .01 under COMAR 21.01.02 Terminology;

(2) Amend Regulations .01, .01-1, and .03 under COMAR 21.01.03 Applicability;

(3) Amend Regulation .04 under COMAR 21.02.01 Board of Public Works;

(4) Amend Regulation .01 under COMAR 21.03.05 Electronic Transactions;

(5) Amend Regulation .01 under COMAR 21.05.01 General Provisions;

(6) Amend Regulation .01 under COMAR 21.05.02 Procurement by Competitive Sealed Bidding;

(7) Amend Regulation .02 under COMAR 21.05.03 Procurement by Competitive Sealed Proposals;

(8) Amend Regulation .01 under COMAR 21.05.06 Emergency and Expedited Procurements;

(9) Amend Regulation .06 under COMAR 21.05.07 Small Procurement Regulations ($50,000 or Less);

(10) Amend Regulation .05 under COMAR 21.05.08 Mandatory Written Solicitation Requirements;

(11) Amend Regulation .08 under COMAR 21.05.09 Intergovernmental Cooperative Purchasing;

(12) Amend Regulations .01, .03, and .05 under COMAR 21.05.13 Master Contracting;

(13) Adopt new Regulations .01—.06 under COMAR 21.05.14 Auction Bids;

(14) Adopt new Regulations .01—.05 under COMAR 21.05.15 Pay-for-Success Contracting;

(15) Amend Regulation .01 under COMAR 21.06.09 Invoicing, Payment, and Interest on Late Payments;

(16) Adopt new Regulation .31 under COMAR 21.07.01 Mandatory Contract Provisions — All Contracts (except as provided under COMAR 21.05.07, 21.07.02, and 21.07.03);

(17) Amend Regulation .05-2 under COMAR 21.07.02 Mandatory Construction Contract Clauses;

(18) Adopt new Regulation .27 under COMAR 21.07.03 Mandatory Terms and Conditions for Purchase Orders Over $50,000;

(19) Amend Regulation .03 under COMAR 21.08.03 Debarment;

(20) Amend Regulations .01, .02, and .06 under COMAR 21.10.08 Prompt Payment of Subcontractors;

(21) Amend Regulations .02 and .06 under COMAR 21.11.01 Small Business Procurements;

(22) Amend Regulations .03, .09, and .17 under COMAR 21.11.03 Minority Business Enterprise Policies;

(23) Amend Regulations .01—.07 under COMAR 21.11.05 Procurement from Maryland Correctional Enterprises, Blind Industries and Services of Maryland, and the Employment Works Program;

(24) Amend Regulation .04 under COMAR 21.11.14 Veteran-Owned Small Business Enterprises; and

(25) Amend Regulations .08 and .14 and adopt new Regulation .18 under COMAR 21.13.01 Reporting Requirements.

This action was considered at the Board of Public Works meeting held on March 15, 2023.

Statement of Purpose

The purpose of this action is to revise regulations in COMAR Title 21 to implement recently enacted legislation and update procurement requirements in accordance with prior legislative changes.

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 Gabriel Gnall, Procurement Advisor, Board of Public Works, 80 Calvert Street, Room 117, Annapolis, MD 21401, or call 410-260-7335, or email to gabriel.gnall@maryland.gov. Comments will be accepted through July 17, 2023. A public hearing has not been scheduled.

Subtitle 01 GENERAL PROVISIONS

21.01.02 Terminology

Authority: State Finance and Procurement Article, §§3.5-301, 11-101, 12-101, 13-101, and 13-108, Annotated Code of Maryland

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(35) (text unchanged)

(35-1) “eMaryland Martketplace” or “eMaryland Marketplace Advantage” or “eMMA” means the Internet-based procurement system managed by the Department of General Services.

(36)—(47) (text unchanged)

(47-1) “Information technology” means all electronic [information-processing hardware and software] information processing, including:

(a) (text unchanged)

(b) Telecommunications; [and]

(c) Hardware;

(d) Software; and

[(c)] (e)Associated [consulting] services.

(48)—(64) (text unchanged)

(64-1) “Primary procurement unit” means:

(a) The State Treasurer;

(b) The Department of General Services;

(c) The Department of Transportation;

(d) The Maryland Port Commission;

(e) Morgan State University;

(f) St. Mary’s College of Maryland; and

(g) The University System of Maryland.

(65)—(98) (text unchanged)

21.01.03 Applicability

Authority: Natural Resources Article, §3-103; State Finance and Procurement Article, §§11-201—11-203, 12-101, [and] 12-104, and 17-502; Annotated Code of Maryland; Ch. 198, Acts of 2009; Chs. 428, 495, and 713, Acts of 2010; Chs. 108, 111, and 268, Acts of 2017; Ch. 273, Acts of 2019

.01 Exemptions.

A. (text unchanged)

B. The provisions of State Finance and Procurement Article, §§10-204, 11-205, 13-219, 13-221, §15-112, Title 12, [Subtitle] Subtitles 2 and 4, Title 16, and Title 17, Annotated Code of Maryland, apply to procurements referred to in §A(4), (9), (11)—(16), (18)—(20), (22)—(23), and (26)—(31) of this regulation. The provisions of State Finance and Procurement Article, Title 14, Subtitle 3, Annotated Code of Maryland, apply to all procurements referred to in §A of this regulation except §A(1)—(3), (4)(a) and (d), (5)—(8), (10), and (13) of this regulation.

C.—D. (text unchanged)

.01-1 Public Universities and Colleges.

A. Except as provided in this regulation, the University System of Maryland, Morgan State University, Baltimore City Community College, and St. Mary’s College of Maryland are exempt from applicability of this title and Division II of the State Finance and Procurement Article, Annotated Code of Maryland.

B. Applicable Provisions of State Finance and Procurement Article, Annotated Code of Maryland.

(1) The following provisions of State Finance and Procurement Article, Annotated Code of Maryland, apply to the University System of Maryland, Morgan State University, Baltimore City Community College, and St. Mary’s College of Maryland:

(a)—(e) (text unchanged)

(f) Title 14, Subtitle 3 (Minority Business Enterprise Participation) and Subtitle 7 (Certified Local Farm Enterprise Program);

(g) (text unchanged)

(h) Title 16 (Suspension and Debarment of Contractors); [and]

(i) Title 17, Subtitle 5 (eMaryland Marketplace — Use by Certain Persons); and

[(i)] (j) (text unchanged)

[(2) State Finance and Procurement Article, Title 14, Subtitle 5 (Small Business Reserve Program) applies to the University System of Maryland and Morgan State University.]

[(3)] (2) State Finance and Procurement Article, Title 14, Subtitle 2 (Small Business Preference Program) applies to the University System of Maryland and Morgan State University.

C. The University System of Maryland, Morgan State University, Baltimore City Community College, and St. Mary’s College of Maryland shall conduct procurements under procedures that promote the purposes stated in State Finance and Procurement Article, §11-201, Annotated Code of Maryland.

D. The requirements of §§B and C of this regulation do not apply to:

(1) Procurement by the University System of Maryland, Morgan State University, Baltimore City Community College, or St. Mary’s College of Maryland from:

(a)—(f) (text unchanged)

(2) Procurement by the University System of Maryland, Morgan State University, Baltimore City Community College, or St. Mary’s College of Maryland in support of enterprise activities for the purpose of:

(a)—(c) (text unchanged)

(3) (text unchanged)

E. Before entering into a contract for services that [exceed] exceeds $1,000,000 ($500,000 for Baltimore City Community College) or a contract for capital improvements with a value that exceeds $1,000,000 ($500,000 for Baltimore City Community College), the University System of Maryland, Morgan State University, Baltimore City Community College, and St. Mary’s College of Maryland shall obtain the review and approval of the Board of Public Works by submitting an Action Agenda item pursuant to COMAR 21.02.01.05A(2)(d).

.03 Organizational Applicability.

A. (text unchanged)

B. Specifically subject to these regulations are:

(1) Procurements by a State agency, even if a resulting procurement contract will involve no expenditure by the State and will produce revenue for the State for services that are to be provided for the benefit of:

(a)—(c) (text unchanged)

(d) The public at a State transportation facility, unless a revenue-producing contract involves:

(i) A license, permit, or similar permission to use State facilities for activities related to the movement of passengers or goods, or for providing goods or services to passengers, patrons, or tenants at a transportation facility, or for advertising or promotional purposes; or

(ii) A lease of State property under State Finance and Procurement Article, Title 10, Subtitle 3, Annotated Code of Maryland; or

(e) (text unchanged)

(2)—(3) (text unchanged)

Subtitle 02 STATE PROCUREMENT ORGANIZATION

21.02.01 Board of Public Works

Authority: Education Article, §§14-204, 14-205, and 14-405; State Finance and Procurement Article, §§12-101, 12-107, 12-202, 12-203, 12-204, 12-301, 12-302, 13-108, and 15-112; Annotated Code of Maryland

.04 Delegation of Procurement and Contracting Authority.

A. (text unchanged)

B. The Department of General Services. The Board hereby delegates authority to the Secretary of General Services for the approval and award of the following procurement contracts within the Department’s jurisdiction:

(1) Capital construction contracts, construction-related services contracts, information technology contracts, including information processing equipment, cloud computing equipment and associated services, and information technology system modernization, as provided in State Finance and Procurement Article, Title 3.5, Subtitle 3, Annotated Code of Maryland, telecommunication equipment systems or services as provided in State Finance and Procurement Article, Title 3.5, Subtitle 4, Annotated Code of Maryland, service contracts, architectural and engineering contracts, maintenance contracts, contracts for rental vehicles supplied to using agencies in accordance with COMAR 21.02.05.08, secondary competition awards, renewal options, and modifications in accordance with COMAR 21.05.13.06, capital construction change orders, capital construction-related service change orders, information processing equipment and associated services change orders, cloud computing services change orders, and information technology system and cybersecurity upgrades change orders in accordance with State Finance and Procurement Article, Title 3.5, Subtitle 3, in the amount of $200,000 or less;

(2)—(7) (text unchanged)

(8) Leases for agency-supplied employee housing; [and]

(9) Purchasing, leasing, and rental contracts for the acquisition of motor vehicles for use by State officials and employees, pursuant to State Finance and Procurement Article, Title 3, Subtitle 5, Annotated Code of Maryland[.];

(10) Procurements by the Department for the purpose of modernizing cybersecurity infrastructure for the State valued below $1,000,000; and

(11) Energy Performance Contracts.

(a) A procurement agency shall consult with the Department of General Services during the development phase of a project that will require an energy performance contract.

(b) Before issuing a request for proposals for an energy performance contract, a procurement agency shall consult with the Department of General Services and the Chief Procurement Officer.

(c) The Department of General Services shall review the proposed request to ensure that it meets with the State energy standards and preserves the State’s flexibility to investigate and use economically justifiable new technologies.

(d) A procuring agency pursuing an energy contract must receive final approval from the Department of General Services before submitting the proposed contract to the Board of Public Works for approval.

(e) Notwithstanding any other provision of law and subject to the approval and control of the Board of Public Works and the Chief Procurement Officer, a unit of State government is authorized to enter into energy performance contracts of up to 30 years’ duration.

C.—I. (text unchanged)

Subtitle 03 STATE PROCUREMENT REGULATIONS AND CONTRACTS

21.03.05 Electronic Transactions

Authority: Commercial Law Article, §§21-101—21-120; State Finance and Procurement Article, §§12-101, 13-226, and 15-210; Annotated Code of Maryland

.01 Electronic Procurements Authorized.

A. (text unchanged)

B. Procurement transactions conducted by electronic means may include:

(1)—(2) (text unchanged)

(3) Evaluations;

[(3)] (4)—[(7)] (8) (text unchanged)

Subtitle 05 PROCUREMENT METHODS AND PROJECT DELIVERY

21.05.01 General Provisions

Authority: State Finance and Procurement Article, §§11-201, 11-205, 12-101, 13-102, 13-110, 13-202, and 14-401, Annotated Code of Maryland; Ch. 216, Acts of 2009; Chs. 633 and 624, Acts of 2018; Ch. 356, Acts of 2019

.01 Methods of Source Selection.

Unless otherwise authorized by law, all State procurement contracts shall be awarded by one of the following methods, at the procurement officer’s discretion, where applicable:

A. Competitive sealed bidding under COMAR 21.05.02;

B. Competitive sealed proposals under COMAR 21.05.03;

C. Negotiated award after unsatisfactory competitive sealed bidding under COMAR 21.05.04;

D. Noncompetitive negotiations:

(1) Sole source under COMAR 21.05.05;

(2) Emergency and expedited under COMAR 21.05.06;

E. Small procurement procedures under COMAR 21.05.07;

F.—G. (text unchanged)

H. Architectural, engineering, and land surveying services qualification based selection under COMAR 21.12; [or]

I. Master contracting under COMAR 21.05.13[.];

J. Auction bids under COMAR 21.05.14; or

K. Pay-for-success contracting under COMAR 21.05.15.

21.05.02 Procurement by Competitive Sealed Bidding

Authority: State Finance and Procurement Article, §§12-101, 13-103, 13-210, and 14-301—14-308, Annotated Code of Maryland; Chs. 586 and 587, Acts of 2017

.01 Invitation for Bids.

A. (text unchanged)

B. Content. The invitation for bids shall include the following:

(1)—(2) (text unchanged)

(3) Whether award shall be made on the basis of the most favorable bid price or the most favorable evaluated bid price, whichever is applicable. If the latter basis is used, the objectively measurable criteria to be used shall be set forth in the invitation for bids; [and]

(4) The mandatory solicitation requirements set forth in COMAR 21.05.08[.]; and

(5) A summary of the factors used to determine the expected degree of minority business enterprise participation, including subcontracting opportunities identified for the project, any applicable North American Industry Classification System (NAICS) codes linked to the subcontracting opportunities, and the number of certified minority business enterprises in those industries.

C. (text unchanged)

21.05.03 Procurement by Competitive Sealed Proposals

Authority: State Finance and Procurement Article, §§12-101, 13-104, and
13-105, Annotated Code of Maryland

.02 Solicitation of Proposals.

A. Content of the Request for Proposals. The request for proposals shall include:

(1)—(10) (text unchanged)

(11) A summary of the factors used to determine the expected degree of minority business enterprise participation, including subcontracting opportunities identified for the project, any applicable North American Industry Classification System (NAICS) codes linked to the subcontracting opportunities, and the number of certified minority business enterprises in those industries.

B.—G. (text unchanged)

21.05.06 Emergency and Expedited Procurements

Authority: Public Safety Article, §14-117; State Finance and Procurement Article, §§12-101 and 13-108; Annotated Code of Maryland

.01 Application.

A. (text unchanged)

B. [The expedited procurement method may be used only by the Maryland Port Commission or the Maryland Aviation Administration.] Expedited Procurement. Regulation .03 of this chapter is established for procurement of supplies, services, maintenance, commodities, information technology, leases, construction, or construction-related services in excess of $50,000 when competitive sealed bidding or competitive sealed proposals cannot be used in awarding a contract because urgent circumstances require expedited action, and the action is in the public interest and outweighs the benefits of both competitive sealed bidding and competitive sealed proposals.

21.05.07 Small Procurement Regulations ($50,000 or Less)

Authority: State Finance and Procurement Article, §§12-101, 13-109,
14-301—14-308, [and] 14-406, and 15-226, Annotated Code of Maryland

.06 Standards.

A. Solicitation Objective.

(1) Competition.

(a) The objective of soliciting bids or offers is to foster competition in obtaining needed items in a cost effective manner. In all small procurements, competition should be sought to the extent practical considering factors such as availability of vendors, dollar value of the procurement, cost of administering the procurement, and time available to make the procurement including delivery time. For Categories II and III responsive bids or acceptable offers from at least two vendors should be obtained.

(b) A solicitation shall include a summary of the factors used to determine the expected degree of minority business enterprise participation, including subcontracting opportunities identified for the project, any applicable North American Industry Classification System (NAICS) codes linked to the subcontracting opportunities, and the number of certified minority business enterprises in those industries.

(2)—(4) (text unchanged)

B.—F. (text unchanged)

G. Contract Clauses. In addition to the contract elements specified in §F of this regulation, a written small procurement contract may include the clauses, items, or conditions specified below as well as those additional clauses necessary for the particular procurement. The language of the following clauses is preferred:

(1)—(8) (text unchanged)

(9) Prompt Payment of Subcontractors.

(a) This contract and all subcontracts issued under this contract at any tier are subject to the provisions of State Finance and Procurement Article, §15-226, Annotated Code of Maryland, and COMAR 21.10.08. In §G(9)(a)—(d) of this regulation, the terms “undisputed amount”, “prime contractor”, “contractor”, and “subcontractor” have the meanings stated in COMAR 21.10.08.01.

(b) A contractor shall promptly pay its subcontractors an undisputed amount to which a subcontractor is entitled for work performed under this contract within 10 days after the contractor receives a progress payment or final payment for work under this contract.

(c) If a contractor fails to make payment within the period prescribed in §G(9)(b) of this regulation, a subcontractor may request a remedy in accordance with COMAR 21.10.08.

(d) A contractor shall include in its subcontracts at any tier for work under this contract, wording that incorporates the provisions, duties, and obligations of §G(9)(a)—(d) of this regulation, State Finance and Procurement Article, §15-226, Annotated Code of Maryland, and COMAR 21.10.08.

H.—J. (text unchanged)

21.05.08 Mandatory Written Solicitation Requirements

Authority: Election Law Article, §§14-101—14-108; State Finance and Procurement Article, §§3-412, 3.5-311, 11-206, 12-101, 13-207, 13-218,
13-221, 14-303, 14-308, 14-406, 16-102, 16-202, 16-203, 17-401—17-402, and Title 19; Annotated Code of Maryland; Ch. 293, Acts of 2009

.05 Nonvisual Access Clause.

A. Except as provided in §B of this regulation, the following clause is a mandatory provision for each invitation for bid under COMAR 21.05.02 or request for proposals under COMAR 21.05.03 for the purchase of new or upgraded information technology:

“The bidder or offeror warrants that the information technology offered under this bid or proposal (1) provides equivalent access for effective use by both visual and nonvisual means; (2) will present information, including prompts used for interactive communications, in formats intended for both visual and nonvisual use; (3) if intended for use in a network, can be integrated into networks for obtaining, retrieving, and disseminating information used by individuals who are not blind or visually impaired; and (4) is available, whenever possible, without modification for compatibility with software and hardware for nonvisual access. The bidder or offeror further warrants that the cost, if any, of modifying the information technology for compatibility with software and hardware used for nonvisual access will not increase the cost of the information technology by more than [5] 15 percent.

“For purposes of this regulation, the phrase ‘equivalent access’ means the ability to receive, use, and manipulate information and operate controls necessary to access and use information technology by nonvisual means. Examples of equivalent access include keyboard controls used for input and synthesized speech, Braille, or other audible or tactile means used for output.”

B. The nonvisual access clause is not required if the procurement officer makes a determination that:

(1) (text unchanged)

(2) The cost of modifying the information technology for compatibility with software and hardware used for nonvisual access would increase the cost of the procurement by more than [5] 15 percent.

C. (text unchanged)

21.05.09 Intergovernmental Cooperative Purchasing

Authority: State Finance and Procurement Article, §§12-101, 13-102, [and] 13-110, and 14-303, Annotated Code of Maryland; Ch. 774, Acts of 2017

.08 State Sponsored Agreements.

If a primary procurement unit sponsors an intergovernmental cooperative purchasing agreement:

A. The solicitation shall contain all clauses, terms, and conditions required under this title as well as a summary of the factors used to determine the expected degree of minority business enterprise participation, including subcontracting opportunities identified for the project, any applicable North American Industry Classification System (NAICS) codes linked to the subcontracting opportunities, and the number of certified minority business enterprises in those industries;

B.—C. (text unchanged)

21.05.13 Master Contracting

Authority: State Finance and Procurement Article, §§12-101, 13-101, 13-102, 13-113, [and] 13-114, and 14-303, Annotated Code of Maryland

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) “Designated procurement unit” means:

[(a) The Department of Budget and Management;]

[(b)] (a) (text unchanged)

[(c) The Department of Information Technology; or]

[(d)] (b) The Department of Transportation[.]; or

(c) The Department of Information Technology, only with respect to an information technology master contract executed before July 1, 2022, until the earlier of:

(i) The expiration date of all information technology master contracts; or

(ii) June 30, 2027.

(2)—(6) (text unchanged)

.03 Solicitations for Awarding Master Contractor Agreements.

A. The solicitation for awarding master contractor agreements shall include:

(1)—(3) (text unchanged)

(4) The mandatory solicitation requirements set forth in COMAR 21.05.08; [and]

(5) All required contract terms and conditions[.]; and

(6) A summary of the factors used to determine the expected degree of minority business enterprise participation, including subcontracting opportunities identified for the project, any applicable North American Industry Classification System (NAICS) codes linked to the subcontracting opportunities, and the number of certified minority business enterprises in those industries.

B.—G. (text unchanged)

.05 Secondary Competition Solicitation.

A.—C. (text unchanged)

D. The secondary competition solicitation shall include a summary of the factors used to determine the expected degree of minority business enterprise participation, including subcontracting opportunities identified for the project, any applicable North American Industry Classification System (NAICS) codes linked to the subcontracting opportunities, and the number of certified minority business enterprises in those industries.

[D.] E. (text unchanged)

21.05.14 Auction Bids

Authority: State Finance and Procurement Article, §§13-102, 13-111, and
14-303, Annotated Code of Maryland

.01 Auction Bids Authorized.

A. A primary procurement unit may procure supplies and services using the auction bids procurement method.

B. Whenever the head of a primary procurement unit or designee determines that it is in the best interest of the State for a procurement contract to be based on auction bids, a procurement officer shall seek bids by issuing an invitation for auction bids.

.02 Invitation for Auction Bids.

A. Subject to subsection §B of this regulation, an invitation for auction bids shall include:

(1) The specifications of the procurement contract;

(2) Whether the procurement contract will be awarded based on the lowest bid price or the lowest evaluated bid price;

(3) If the procurement contract will be based on evaluated bid price, the objective measurable criteria by which the lowest evaluated bid price will be determined;

(4) The small business preference, if designated under COMAR 21.11.01.05;

(5) The date and time when bidding will commence and the date and time when bidding will end or the event upon which bidding will end;

(6) The mandatory solicitation requirements set forth in COMAR 21.05.08; and

(7) A summary of the factors used to determine the expected degree of minority business enterprise participation, including subcontracting opportunities identified for the project, any applicable North American Industry Classification System (NAICS) codes linked to the subcontracting opportunities, and the number of certified minority business enterprises in those industries.

B. In the discretion of the procurement officer, the invitation for auction bids may:

(1) Include a request for unpriced technical offers or samples;

(2) Direct bidders to submit price bids after the unit evaluates the technical offers or samples and finds they are acceptable under the criteria set forth in the invitation for auction bids; and

(3) Inform all bidders who submitted technical offers or samples of the identity of each bidder who submitted an acceptable technical offer or sample.

C. A unit shall give public notice of an invitation for auction bids in the same manner as required for an invitation for bids under COMAR 21.05.02.

D. The period of time between the date of publication of the invitation for auction bids and the date and time when bidding will commence shall be a minimum of 20 days.

.03 Price Bids.

A. A procurement officer shall:

(1) Receive bids in public at the time and place designated in the invitation for auction bids; and

(2) Record the amount of each bid at the time it is received.

B. The amount of a price bid shall be available for public inspection from the time it is received.

C. The identity of the bidder submitting a price bid may not be available for public inspection until bidding has ended.

D. Price bids may not be received until after the unit has completed evaluation of the technical offers or samples.

E. A price bid may not be received at any time if the bid is submitted by a bidder whose technical offer or sample has been evaluated as unacceptable to the unit.

F. Multiple price bids are permitted in response to an invitation for auction bids. When a bidder submits multiple bids, each bid shall be judged independently and may not revoke previous bids of that bidder.

G. Except as provided in §H of this regulation, a bid is irrevocable, after receipt, for the period specified in the invitation for auction bids.

H. A procurement officer may allow a bidder to correct or withdraw a bid if correction or withdrawal is:

(1) Allowed under regulations applicable to an invitation for bids under COMAR 21.05.02; and

(2) Approved in writing by the Office of the Attorney General.

I. If there is more than one bidder, discussions about revised specifications or quantities shall be conducted with all responsible bidders who submitted responsive bids. The bidders shall be treated fairly and equally with respect to any discussions.

.04 Award.

A. After obtaining any approval required by law or regulation, the procurement officer shall award the procurement contract to the responsible bidder who submits the responsive bid that:

(1) Is the lowest bid price; or

(2) If the invitation for auction bids so provides, is the lowest evaluated bid price.

B. If, after bids have been received, a procurement officer determines that only one responsible bidder has submitted a responsive bid, the unit may negotiate the procurement contract with that one bidder under the procedures for sole source procurement in COMAR 21.05.05.

C. After bids have been received, a procurement officer may award a procurement contract on the basis of revised bids if:

(1) All bids are rejected under COMAR 21.06.02;

(2) All bid prices exceed the funds available for the procurement; or

(3) With the approval of the head of a primary procurement unit or a designee, the procurement officer determines that all bids are unreasonable as to at least one requirement and the delay that would result from issuing a new invitation for auction bids with revised specifications or quantities would be fiscally disadvantageous or otherwise not in the best interests of the State.

.05 Invitation for Revised Auction Bids.

A. If one of the conditions set forth under Regulation .04C of this chapter exists, as promptly as possible, the procurement officer shall:

(1) Issue an invitation for revised auction bids, which shall state whether the award will be made without competitive negotiations; and

(2) Require a prompt response to that invitation.

B. An invitation for revised auction bids is not subject to the notice requirements in Regulation .02C of this chapter.

C. After revised bids have been submitted, negotiations with bidders may not be conducted unless the procurement officer determines that there is a compelling reason to negotiate.

D. After revised bids have been received and any approvals required by law or regulation have been obtained, the procurement officer shall award the procurement contract to the responsible bidder who submits a responsive bid that:

(1) Is the lowest bid price; or

(2) If the invitation for revised bids so provides, is the lowest evaluated bid price.

.06 Publicizing Awards.

Not more than 30 days after the execution and approval of a procurement contract awarded under this section, a unit shall publish notice of the award in eMaryland Marketplace.

21.05.15 Pay-for-Success Contracting

Authority: State Finance and Procurement Article, §§13-101, 13-102, and
13-112.1, Annotated Code of Maryland

.01 Definitions.

A. In this chapter, the following words have the meaning indicated.

B. Terms Defined.

(1) “Aggregator” means a person that:

(a) Provides or contracts for environmental outcomes; or

(b) Provides or raises capital to finance delivery of environmental outcomes.

(2) “Environmental outcome” means a commodity that is modeled or directly measured as a single, quantifiable, and certified unit of improvement to the environment, including a nutrient or carbon benefit.

(3) “Environmental outcomes project” means a project designed to secure environmental outcomes.

(4) “Evaluator” means a person other than an aggregator that determines whether environmental outcomes have been achieved based on defined performance measures.

(5) “Outcome payment” means the money paid when a pay-for-success contract performance measure is met.

(6) “Pay-for-success contracting” means a performance-based procurement method through which a unit contracts with an organization to deliver services or commodities in exchange for payment based on the achievement of outcomes.

(7) “Quantification plan” means a plan in which an aggregator describes:

(a) The method that will be used to measure or model environmental outcomes and co-benefits under a pay-for-success contract;

(b) The compliance monitoring that will occur to ensure that the actions proposed in the pay-for-success contract are taken and maintained over the life of the project;

(c) Verification steps that will be carried out by the State to confirm model results or accurate measurement of environmental outcomes; and

(d) The timeline for proposed payments under the pay-for-success contract.

.02 Background.

The General Assembly has found and declared that:

A. Pay-for-success contracting shifts the risk of performance to the contractor because government payment is made only on achievement of outcomes;

B. Social and environmental impact investment is growing dramatically, and investors are seeking ways to finance and execute pay-for-success contracts in the State to expand the success of Chesapeake Bay restoration efforts and achieve other public outcomes; and

C. It is in the best interest of the State to include pay-for-success contracting as a procurement option, particularly for units responsible for land conservation and environmental protection, enhancement, and restoration.

.03 Application.

A. A unit may enter into a pay-for-success contract only if the procurement officer of the unit determines that:

(1) The contract will produce estimated financial savings or other quantifiable public benefits for the State; and

(2) A substantial portion of the outcome payment due under the contract will be paid only after specific outcomes have been documented.

B. This chapter applies only to procurements by:

(1) The Department of Agriculture;

(2) The Department of the Environment;

(3) The Department of Natural Resources;

(4) The Department of Transportation;

(5) The Maryland Environmental Service; and

(6) The Department of General Services.

C. This chapter does not apply to the purchase of nitrogen load reductions with funds from the Clean Water Commerce Account of the Bay Restoration Fund established under Environment Article, §9-1605.2, Annotated Code of Maryland.

D. A unit specified in §B of this regulation may enter into a pay-for-success contract with an aggregator to procure:

(1) Delivery of an environmental outcomes project; or

(2) Already certified environmental outcomes.

E. Other State and local entities may participate in a pay-for-success contract under this chapter in accordance with an intergovernmental cooperative purchasing agreement under COMAR 21.05.09.

.04 Pay-for-Success Contracts.

A. A pay-for-success contract executed under this regulation shall include:

(1) A quantification plan approved by the unit;

(2) A statement of the environmental outcomes to be procured under the contract and a description of how defined performance measures will demonstrate progress in achieving these outcomes;

(3) Requirements regarding the content and frequency of progress reports regarding the achievement of environmental outcomes;

(4) A methodology for calculating the amount and timing of outcome payments to an aggregator when the evaluator determines that the aggregator has achieved a defined performance measure;

(5) A statement that the basis of payment is the determination of achievement of environmental outcomes by the evaluator and that payments for those outcomes do not require itemized billing or cost documentation by the aggregator; and

(6) Terms addressing:

(a) Compliance with State law;

(b) Nondiscrimination in employment;

(c) Contractor indemnification;

(d) Termination for default; and

(e) The unit’s right to inspect the environmental outcomes project.

B. A pay-for-success contract executed under this regulation may include provisions regarding:

(1) Long-term maintenance and monitoring of environmental services, including the establishment of a stewardship fund;

(2) A requirement that the unit hold contract funds in a reserve account for outcome payments;

(3) For agriculture services, payment for achievement of baseline water quality requirements for nitrogen, phosphorus, or sediment; or

(4) Terminations prior to the first payment under the contract for the purpose of selling environmental outcomes without penalty to another entity or for any other reason.

.05 Review and Evaluation of Results by the Maryland Environmental Service.

A. Beginning July 2025 and every 3 years thereafter, the Maryland Environmental Service shall review and evaluate the results of all pay-for-success contracts completed under this section for the previous 3 fiscal years.

B. The first review conducted under §A of this regulation shall include a review of all pay-for-success contracts completed under this section between July 1, 2022, and June 30, 2025.

C. The review conducted under §A of this regulation shall include:

(1) The cost of each project performed under a contract;

(2) The length of time taken to complete the project, from the date of notice to proceed until completion;

(3) The average cost and project duration for each project type; and

(4) Whether each project met the terms of its contract.

D. Each unit that enters into a pay-for-success contract under this regulation shall execute an agreement with the Maryland Environmental Service to reimburse the Service for each of the unit’s completed contracts the Service reviews under this regulation.

E. The Maryland Environmental Service shall provide copies of each review conducted under this regulation to:

(1) Each unit for which the Service reviewed and evaluated a contract; and

(2) In accordance with State Government Article, §2-1257, Annotated Code of Maryland, the Senate Education, Health, and Environmental Affairs Committee, the Senate Budget and Taxation Committee, the House Environment and Transportation Committee, and the House Appropriations Committee.

Subtitle 06 CONTRACT FORMATION AND AWARD

21.06.09 Invoicing, Payment, and Interest on Late Payments

Authority: State Finance and Procurement Article, §§15-101—15-105, Annotated Code of Maryland

.01 Definitions.

[For the purposes of this chapter:]

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

[A.] (1) “Late payment” means any amount that is due and payable by law under a written procurement contract, without deferral, delay, or set-off under COMAR 21.02.07.03, and remains unpaid more than [45] 37 days after an agency receives a [Proper Invoice] proper invoice.

[B.] (2)—[C.] (3) (text unchanged)

Subtitle 07 CONTRACT TERMS AND CONDITIONS

21.07.01 Mandatory Contract Provisions — All Contracts (except as provided under COMAR 21.05.07, 21.07.02, and 21.07.03)

Authority: Election Law Article, §§14-101—14-108; General Provisions Article, §§5-101 and 5-503; State Finance and Procurement Article, §§12-101, 13-211, 13-217—13-219, 13-221—13-223, 13-317, 15-226, 16-202, 17-401, 17-402, and 19-114; Annotated Code of Maryland; Chs. 588, 589, and 630, Acts of 2017; Ch. 403, Acts of 2019

.31 Prompt Payment of Subcontractors.

Mandatory provisions for all contracts:

A. This contract and all subcontracts issued under this contract at any tier are subject to the provisions of State Finance and Procurement Article, §15-226, Annotated Code of Maryland, and COMAR 21.10.08. In §§A—D of this regulation, the terms “undisputed amount”, “prime contractor”, “contractor”, and “subcontractor” have the meanings stated in COMAR 21.10.08.01.

B. A contractor shall promptly pay its subcontractors an undisputed amount to which a subcontractor is entitled for work performed under this contract within 10 days after the contractor receives a progress payment or final payment for work under this contract.

C. If a contractor fails to make payment within the period prescribed in §B of this regulation, a subcontractor may request a remedy in accordance with COMAR 21.10.08.

D. A contractor shall include in its subcontracts at any tier for work under this contract wording that incorporates the provisions, duties, and obligations of §§A—D of this regulation, State Finance and Procurement Article, §15-226, Annotated Code of Maryland, and COMAR 21.10.08.

21.07.02 Mandatory Construction Contract Clauses

Authority: State Finance and Procurement Article, §§12-101, 13-216, 13-218, 13-225, 15-226, and 17-801—17-804, Annotated Code of Maryland

.05-2 Prompt Payment of Subcontractors.

Mandatory provisions for all construction contracts:

A. This contract and all subcontracts issued under this contract at any tier are subject to the provisions of State Finance and Procurement Article, §15-226, Annotated Code of Maryland, and COMAR 21.10.08. In §§A—D of this regulation, the terms “undisputed amount”, “prime contractor”, “contractor”, and “subcontractor” have the meanings stated in COMAR 21.10.08.01.

B. (text unchanged)

C. If a contractor fails to make payment within the period prescribed in §B of this regulation, a subcontractor may request a remedy in accordance with COMAR 21.10.08.

D. A contractor shall include in its subcontracts at any tier for work under this contract[,] wording that incorporates the provisions, duties, and obligations of §§A—D of this regulation, State Finance and Procurement Article, §15-226, Annotated Code of Maryland, and COMAR 21.10.08.

21.07.03 Mandatory Terms and Conditions for Purchase Orders Over $50,000

Authority: Election Law Article, §§14-101—14-108; General Provisions Article, §§5-502—5-503; State Finance and Procurement Article, §§12-101, 13-217—13-219, 13-221, 15-226, 16-202, 17-401, and 17-402; Annotated Code of Maryland; Ch. 630, Acts of 2017

.27 Prompt Payment of Subcontractors.

Mandatory provisions for all contracts:

A. This contract and all subcontracts issued under this contract at any tier are subject to the provisions of State Finance and Procurement Article, §15-226, Annotated Code of Maryland, and COMAR 21.10.08. In §§A—D of this regulation, the terms “undisputed amount”, “prime contractor”, “contractor”, and “subcontractor” have the meanings stated in COMAR 21.10.08.01.

B. A contractor shall promptly pay its subcontractors an undisputed amount to which a subcontractor is entitled for work performed under this contract within 10 days after the contractor receives a progress payment or final payment for work under this contract.

C. If a contractor fails to make payment within the period prescribed in §B of this regulation, a subcontractor may request a remedy in accordance with COMAR 21.10.08.

D. A contractor shall include in its subcontracts at any tier for work under this contract, wording that incorporates the provisions, duties, and obligations of §§A—D of this regulation, State Finance and Procurement Article, §15-226, Annotated Code of Maryland, and COMAR 21.10.08.

Subtitle 08 SUSPENSION AND DEBARMENT

21.08.03 Debarment

Authority: State Finance and Procurement Article, §§11-205.1, 12-101, and 16-101—16-312; State Government Article, §§10-201—10-217; Annotated Code of Maryland

.03 Debarment of Persons for Cause from State Contracts.

A. A person may be debarred from entering into a contract with the State if that person or any of its officers, partners, controlling stockholders, principals, or other persons substantially involved in its contracting activities has been:

(1)—(8) (text unchanged)

(9) Debarred from federal contracts under the Federal Acquisition Regulation, as provided in 48 [C.F.R.] CFR Chapter 1, or Federal Executive Order 11246, as amended, due to discriminatory hiring practices in the State; [or]

(10) Been found in a final adjudicated decision to have violated the Commercial Nondiscrimination Policy under State Finance and Procurement Article, Title 19, Annotated Code of Maryland, with regard to a public or private contract[.]; or

(11) Been found to have willfully or knowingly violated State Government Article, Title 20, Subtitle 6, Annotated Code of Maryland, if the finding was made by a court and the decision of the court became final, or the finding was made in a contested case under the Administrative Procedure Act and the finding was not overturned on judicial review.

B. (text unchanged)

C. A person may be debarred from entering into a contract with the State if the Board finds:

(1) (text unchanged)

(2) That the person is a successor, assignee, subsidiary, or affiliate of a suspended or debarred person; [or]

(3) One of the following violations of a contract provision that is sufficiently serious to justify debarment:

(a) (text unchanged)

(b) The failure to perform or unsatisfactory performance in accordance with the terms of one or more contracts within the preceding 5 years unless the failure to perform or the unsatisfactory performance was caused by acts beyond the control of the person[.]; or

(4) That the person persistently fails to meet contract goals in the absence of mitigating factors under the criteria established under State Finance and Procurement Article, §14-305(c)(2), Annotated Code of Maryland; debarment under this subsection shall be for a period not exceeding 3 years.

D. (text unchanged)

Subtitle 10 ADMINISTRATIVE AND CIVIL REMEDIES

21.10.08 [State Construction Contracts—] Prompt Payment of Subcontractors

Authority: State Finance and Procurement Article, §15-226, Annotated Code of Maryland

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) (text unchanged)

(2) “Prime contractor” means a person or firm that has a State procurement contract [for construction] with a unit.

(3) Contractor.

(a) “Contractor” means a person or firm that:

(i) Has an agreement to perform all or some of the work required under a State [construction] contract; and

(ii) (text unchanged)

(b) (text unchanged)

(4) “Subcontractor” means a person or firm that has an agreement with a contractor to perform all or some of the contractor’s work under a State [construction] contract.

.02 Policy.

It is the policy of the State that a contractor shall promptly pay to a subcontractor any undisputed amount to which the subcontractor is entitled for work under a State procurement contract [for construction].

.06 Remedies.

A.—B. (text unchanged)

C. If, at the completion of the second meeting, the representative of the unit determines that the contractor continues to be delinquent in payments owed to the subcontractor, the representative:

(1)—(2) (text unchanged)

(3) If the contractor is not a prime contractor, may order that the prime contractor act as a representative of the unit and:

(a) Pay or cause payment of an amount determined as undisputed, together with any penalty assessed against the contractor under §C(4) of this regulation, to be made to the subcontractor from monies otherwise due or that may become due under the State [construction] contract for the contractor’s work;

(b) From monies otherwise due or that may become due under the State [construction] contract for the contractor’s work, place a payment for an undisputed amount and any penalty in an interest-bearing escrow account rather than making the payment to the subcontractor; or

(c) (text unchanged)

(4) (text unchanged)

D.—E. (text unchanged)

Subtitle 11 SOCIOECONOMIC POLICIES

21.11.01 Small Business Procurements

Authority: State Finance and Procurement Article, §§12-101, 14-201—
14-208, and 14-501—14-505, Annotated Code of Maryland

.02 Small Business Procurement Programs.

A.—B. (text unchanged)

C. [The] Except as provided in Regulation .06A(3) of this chapter, the small business reserve program applies to all procurements by a procurement unit and restricts award of a contract to certified small businesses only.

.06 Small Business Reserve Program.

A. Applicability.

(1) (text unchanged)

(2) A procurement with a total dollar value between $50,000 and $500,000 shall be designated for the small business reserve.

[(2)] (3) Exemptions. The requirements of the Small Business Reserve Program do not apply to the following procurements:

(a) Preference procurements made from a preference provider (Maryland Correctional Enterprises, community service providers, Blind Industries and Services of Maryland, individual-with-disability-owned businesses, and the Maryland Vending Facilities Program for the Blind) under COMAR 21.11.05 and 21.11.09 [are exempt from the small business reserve].

(b) Procurements involving expenditures of federal dollars [are exempt], to the extent that their inclusion in the program is in violation of federal law or grant provisions.

(c) Procurements with a total dollar value under $50,000.

(d) Procurements for human, social, cultural, or educational services.

(e) Certain term and master contract procurements when the Governor’s Office of Small, Minority & Women Business Affairs certifies, concurrently with review of any waiver determinations for certified minority business enterprise participation contract goals, that it is not practicable to designate the procurement for the small business reserve.

B.—E. (text unchanged)

21.11.03 Minority Business Enterprise Policies

Authority: State Finance and Procurement Article, §§12-101 and 14-301—
14-308, Annotated Code of Maryland

.03 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(5) (text unchanged)

(6) “Industry type” means the following procurement categories:

(a) Construction;

(b) Architectural and engineering services and other construction-related professional services;

(c) Maintenance;

(d) Information technology;

(e) Services; and

(f) Goods, supplies, and equipment.

[(6)] (7)—[(16)] (17) (text unchanged)

.09 Procurement Solicitations.

A.—B. (text unchanged)

C. MBE Subcontracting Provisions.

(1) (text unchanged)

(2) Solicitation Content. Each solicitation identified by a procurement agency as having subcontract opportunities shall contain the clauses required by COMAR 21.05.08.03 and .04. The solicitation shall include a summary of the factors used to determine the expected degree of minority business enterprise participation, including subcontracting opportunities identified for the project, any applicable North American Industry Classification System (NAICS) codes linked to the subcontracting opportunities, and the number of certified minority business enterprises in those industries. The solicitation shall also contain provisions requiring bidders or offerors including those bidders or offerors that are certified MBEs to:

(a)—(e) (text unchanged)

(3)—(8) (text unchanged)

D.—G. (text unchanged)

.17 Reporting.

A. Each procurement agency shall make a report annually within 90 days following the close of the fiscal year to the Governor’s Office of Small, Minority & Women Business Affairs, the Department of Transportation, and, subject to State Government Article, [§2-1246] §2-1257, Annotated Code of Maryland, to the Joint Committee on Fair Practices and State Personnel Oversight that includes for the preceding fiscal year:

(1) [The total number, value, and procurement category of its procurements from State-certified MBEs as prime contractors, and separately as subcontractors, by business name, and specific MBE classification] The total number and value of procurement contracts between the procurement agency and certified MBEs, by specific MBE category and by industry type, including whether the MBE participated as a prime contractor or as a subcontractor;

(2) [The percentages, by specific classification of minority business enterprise, that purchases under §A(1) and (2) of this regulation represent of the total number and value of its procurements for the fiscal year just ended] The percentage that those procurement contracts represent, by specific MBE category and by industry type, of the total number and value of procurement contracts;

(3) The total number and the names of certified MBEs that participated as prime contractors or as subcontractors on procurement contracts awarded by a unit;

(4) For each MBE included in the report under §A(3) of this regulation, a list of all procurement contracts awarded by the procurement agency to that MBE, including a description of the contract and industry type;

(5) The results of each compliance assessment conducted by the procurement agency under Regulation .13 of this chapter, including for each contract completed during the fiscal year:

(a) The names of each prime contractor and each subcontractor that participated in the contract;

(b) The type of good or service provided by the contract;

(c) The MBE participation goal for the contract;

(d) Whether a waiver was granted for the MBE participation goal;

(e) The total dollar value of payments made to each prime contractor and by each prime contractor to each subcontractor during the contract term;

(f) Whether each subcontractor is a certified MBE; and

(g) If applicable, a description of factors that may have contributed to failure to achieve the MBE participation goal for the contract, including documented nonperformance or unavailability of a MBE;

[(3)] (6)—[(4)] (7) (text unchanged)

B. As to procurement contracts for architectural services and engineering services reported under §A of this regulation, the report shall identify by separate category of MBE procurements for:

(1) Architectural services; and

(2) Engineering services.

C. A report under §A of this regulation shall be in a form prescribed by the Governor’s Office of Small, Minority & Women Business Affairs and the Department of Transportation and approved by the Board of Public Works.

D. The Special Secretary for the Governor’s Office of Small, Minority & Women Business Affairs may waive the requirement for a procurement agency to report MBE participation by industry type under §A of this regulation if the spending threshold for the industry type is too low for the unit to provide sufficient data.

[B.] E.—[C.] F. (text unchanged)

[D.] G. The Governor’s Office of Small, Minority & Women Business Affairs shall prepare an annual report summarizing [certified MBE participation throughout the State] the information the Governor’s Office of Small, Minority & Women Business Affairs receives under §A of this regulation, for submission by the end of each calendar year to the Board of Public Works and, subject to State Government Article, §2-1257, Annotated Code of Maryland, the Legislative Policy Committee of the Maryland General Assembly, and to each procurement agency. If applicable, this report shall include MBE participation data for each unit by industry type.

21.11.05 Procurement from Maryland Correctional Enterprises, Blind Industries and Services of Maryland, and the Employment Works Program

Authority: Correctional Services Article, §3-515; State Finance and Procurement Article, §§12-101 and 14-101-14-108; Annotated Code of Maryland; Ch. 415, Acts of 2015; Ch. 313, Acts of 2016

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(2) (text unchanged)

(2-1) “Employment Works Program” means the program established in the Department of General Services by State Finance and Procurement Article, §14-108, Annotated Code of Maryland.

(3) (text unchanged)

(4) “Individual-with-disability-owned business” means a business:

(a)—(c) (text unchanged)

(d) Whose workforce includes individuals with disabilities comprising a percentage of the workforce that is at or above the minimum required under the policies or guidelines established by the [Pricing and Selection Committee for Blind Industries and Services of Maryland and the Employment Works Program] Pricing and Selection Committee for Preferred Providers;

(e) Whose total gross revenues for contracts assigned under the Employment Works Program at the time of assignment do not exceed the maximum allowed under policies or guidelines established by the [Pricing and Selection Committee for Blind Industries and Services of Maryland and the Employment Works Program] Pricing and Selection Committee for Preferred Providers; and

(f) That continues to meet all other eligibility criteria established by the [Pricing and Selection Committee for Blind Industries and Services of Maryland and the Employment Works Program] Pricing and Selection Committee for Preferred Providers.

(5)—(6-1) (text unchanged)

(7) “Prevailing average market price” means the current averaged competitive price as determined by the [appropriate pricing authority] Pricing and Selection Committee for Preferred Providers for the same or substantially similar supply or service provided by State Use Industries.

(8) [“Pricing authority” means the Department of General Services or the Pricing and Selection Committee for Blind Industries and Services of Maryland and the Employment Works Program] “Pricing and Selection Committee for Preferred Providers” means the pricing authority responsible for reviewing and verifying the prevailing average market prices as proposed by Maryland Correctional Enterprises, setting the prices of supplies and services that Blind Industries and Services of Maryland provides to reflect the fair market prices for those supplies and services, and determining the fair market price of supplies, services, and other sales that the Employment Works Program community services providers and individual-with-disability-owned businesses provide, among other duties in accordance with State Finance and Procurement Article, §14-106, Annotated Code of Maryland.

(9) “Selling entity” means Maryland Correctional Enterprises, the Blind Industries and Services of Maryland, Employment Works Program community service providers, or individual-with-disability-owned businesses.

(10) (text unchanged)

.02 Scope.

A.—E. (text unchanged)

F. Services procured from [a] an Employment Works Program community service provider are not subject to the cost savings requirements of State Personnel and Pensions Article, §13-405, Annotated Code of Maryland.

.03 Determining Fair Market Price.

A. In determining fair market prices for services or supplies, [a pricing authority] the Pricing and Selection Committee for Preferred Providers may consider:

(1)—(5) (text unchanged)

B. If the fair market price for a service or supply cannot be determined absent a competitive procurement, the solicitation shall notify prospective bidders or offerors that one or more selling entities may respond to the solicitation and that any subsequent contract may be awarded to a selling entity if its bid or offer is deemed a fair market price by the [appropriate pricing authority] Pricing and Selection Committee for Preferred Providers.

C. (text unchanged)

.04 Duties of [Pricing Authorities] the Pricing and Selection Committee for Preferred Providers.

[A.] The [Secretary of General Services or designee] Pricing and Selection Committee for Preferred Providers shall:

[(1)] A.—[(6)] F. (text unchanged)

G. Review and verify the prevailing average market prices, as proposed by Maryland Correctional Enterprises, when changes are made to the pricing of existing goods and services that are available from Maryland Correctional Enterprises or for new goods or services that Maryland Correctional Enterprises intends to make available;

[B. The Pricing and Selection Committee for Blind Industries and Services of Maryland and the Employment Works Program shall:]

[(1)] H. (text unchanged)

[(2)] I. Ensure that supplies [and], services¸ or other sales provided by Blind Industries and Services of Maryland or [a] an Employment Works Program community service provider create work opportunities for individuals who have a mental or physical disability, including blindness, for which Blind Industries and Services of Maryland or the Employment Works Program community service provider was established to assist;

[(3)] J. Choose appropriate supplies [and], services¸ or other sales for Employment Works Program community service providers and individual-with-disability-owned businesses to offer for procurement;

[(4)] K. Except for services and supplies provided under the Maryland Blind Vending Program, set prices to reflect the fair market prices of supplies [and], services¸ or other sales that Blind Industries and Services of Maryland, Employment Works Program community service providers[,] and individual-with-disability-owned businesses provide;

[(5)] L. Adjust prices for the supplies [and], services¸ or other sales that Blind Industries and Services of Maryland[,] and Employment Works Program community service providers[,] and individual-with-disability-owned businesses provide, in accordance with market conditions;

[(6)] M. At the request of [a] an Employment Works Program community service provider or an individual-with-disability-owned business, review and, if appropriate, change the price of a supply [or], service, or other sale;

[(7)] N. Establish and periodically review eligibility policies or guidelines for participating Employment Works Program community service providers and individual-with-disability-owned businesses;

[(8)] O. Maintain a current list of Employment Works Program community service providers and individual-with-disability-owned businesses;

[(9)] P. Periodically review and revise the list of Employment Works Program community service providers and individual-with-disability-owned businesses, and send any revised list to the [Secretary of General Services] Chief Procurement Officer, who shall make the list available to each person responsible for buying supplies or services for the State or a State aided or controlled entity;

[(10)] Q. Maintain current lists of supplies [and], services¸ or other sales that Maryland Correctional Enterprises, Blind Industries and Services of Maryland, and Employment Works Program community service providers[,] and individual-with-disability-owned businesses provide; and

[(11)] R. Periodically review and revise the lists of supplies [and], services¸ or other sales maintained in accordance with [§B(10)] §Q of this regulation, and send any revised list to the [Secretary of General Services] Chief Procurement Officer, who shall make the lists available to each person responsible for buying supplies or services for the State or a State aided or controlled entity.

.05 Coordination.

The [pricing authorities] Pricing and Selection Committee for Preferred Providers shall meet at least annually, at the call of the Secretary of General Services, in order to:

A.—C. (text unchanged)

.06 Responsibilities of Selling Entities.

Each selling entity shall:

A. Annually, or more frequently if required, transmit to the [appropriate pricing authority as determined by Regulation .04 of this chapter] Pricing and Selection Committee for Preferred Providers, in the form and by the date prescribed by [that pricing authority] the Pricing and Selection Committee for Preferred Providers, a complete listing of services and supplies the selling entity reasonably will be able to provide for State procurement during the 12-month period following scheduled publication of the master list, together with the suggested fair market prices for each service or supply;

B.—E. (text unchanged)

.07 Responsibilities of Procurement Agencies.

A. (text unchanged)

B. Exceptions. A procurement agency is not required to obtain a supply or service from a selling entity if:

(1) (text unchanged)

(2) The [appropriate pricing authority as determined by Regulation .04 of this chapter] Pricing and Selection Committee for Preferred Providers deems the selling entity’s price for the supply or service to exceed its fair market price;

(3)—(5) (text unchanged)

C. (text unchanged)

D. Estimates of Purchases. A procurement agency shall notify at least annually [each pricing authority] the Pricing and Selection Committee for Preferred Providers of the procurement agency’s forecast of recurring purchases during the next fiscal year of those supplies and services included in the master list.

E.—F. (text unchanged)

21.11.14 Veteran-Owned Small Business Enterprises

Authority: State Finance and Procurement Article, §§14-601—14-605; Chs. 343 and 344, Acts of 2015; Chs. 708 and 709, Acts of 2017; Ch. 740, Acts of 2018; Ch. 79, Acts of 2021

.04 Procurement Agency Responsibility.

A. (text unchanged)

B. The Department of General Services, in executing its responsibility [under State Finance and Procurement Article, Title 3A, Subtitle 4, Annotated Code of Maryland,] over procurement of information technology equipment and related services, shall require procurement agencies to make those procurements in compliance with this chapter.

C.—D. (text unchanged)

Subtitle 13 PROCUREMENT REPORTING REQUIREMENTS

21.13.01 Reporting Requirements

Authority: Election Law Article, §§14-101 and 14-107; State Finance and Procurement Article, §§12-101, 13-207, 14-305, 14-505, 15-110, 15-111, and 17-104; Annotated Code of Maryland

.08 Report of Contracts Performed Outside of the State.

Each department shall prepare and submit an annual report within 90 days following the close of the fiscal year to the Governor[,] and, subject to State Government Article, [§2-1246] §2-1257, Annotated Code of Maryland, to the General Assembly[,] of each procurement contract within its jurisdiction awarded during the preceding fiscal year that was exempt from the notice requirements of State Finance and Procurement Article, §§13-103(c) and 13-104(c), Annotated Code of Maryland, because the procurement contract reasonably was expected to be performed entirely outside the State or the District of Columbia. The report shall, at a minimum, include:

A.—D. (text unchanged)

.14 Report on Green Purchasing.

A. (text unchanged)

B. Green Purchasing Committee. On or before October 1 of each year, the Maryland Green Purchasing Committee, as established in State Finance and Procurement Article, §14-410, Annotated Code of Maryland, shall report to the General Assembly on the Committee’s activities and the progress made on the implementation of the Green Maryland Act of 2010. The report is subject to State Government Article, [§2-1246] §2-1257, Annotated Code of Maryland.

.18 Report on Cybersecurity Infrastructure Procurements.

On or before December 1 of each year, the Department of General Services shall submit a report to the Board of Public Works on procurements made under COMAR 21.02.01.04B(10) that shall include for each procurement:

A. The purposes of the procurement;

B. The name of the contractor;

C. The contract amount;

D. The method of procurement utilized;

E. The number of bidders who bid on the procurement; and

F. The contract term.

JOHN T. GONTRUM
Executive Secretary

Title 31
MARYLAND INSURANCE ADMINISTRATION

Subtitle 04 INSURERS

31.04.22 Title Insurers

Authority: Insurance Article, §§2-108, 2-109, 10-121, and 10-128.1, Annotated Code of Maryland

Notice of Proposed Action

[23-092-P]

The Insurance Commissioner proposes to amend Regulations .02—.07 under COMAR 31.04.22 Title Insurers.

Statement of Purpose

The purpose of this action is to amend COMAR 31.04.22 Title Insurers to lessen the burden of audit for title agencies and improve the efficiency of the Title Unit, in accordance with Insurance Article §10-121(k), Annotated Code of Maryland. This action repeals the requirement for audits to be performed on-site and only requires audits with identified issues to be reported to the Maryland Insurance Administration for review.

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 Jessica Blackmon, Administrative Law Clerk, Maryland Insurance Administration, 200 Saint Paul Place, Suite 2700, Baltimore, MD 21202, or call 410-468-2019, or email to insuranceregreview.mia@maryland.gov. Comments will be accepted through July 17, 2023. A public hearing has not been scheduled.

.02 Scope.

This chapter:

A. Establishes the minimum standards and procedures for conducting [an on-site] a review; and

B. Provides for the filing of [an on-site] a review report with the Commissioner.

.03 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(2) (text unchanged)

(3) “Certification” means a written statement signed by the principal agent that the information provided to the title insurer during the [on-site] review is, to the best of the principal agent’s knowledge, information, and belief, full, complete, and truthful and that the principal agent has undertaken an adequate inquiry to make the required certification.

(4)—(15) (text unchanged)

[(16) “On-site review” means a review of the underwriting, claims, and escrow practices of each principal agent conducted by a title insurer or its designee, at the principal agent’s principal place of business in the State and, if the principal agent’s information to be reviewed is not kept at its principal place of business in the State, then at each site where such information is kept.]

[(17)] (16)—[(18)] (17) (text unchanged)

(18) “Review” means a review of the underwriting, claims, and escrow practices of each principal agent conducted by a title insurer or its designee.

(19)—(24) (text unchanged)

.04 Conducting [an On-Site] a Review.

A. A title insurer:

(1) Shall, except as provided in §A(4) of this regulation, conduct [an on-site] a review during each calendar year of the underwriting, claims, and escrow practices of each principal agent;

(2) Shall conduct [an on-site] a review during normal business hours;

(3) May not be required to provide advance notice to the principal agent of the beginning of [an on-site] a review; and

(4) May not be required to conduct [an on-site] a review of a principal agent for the calendar year during which the principal agent is initially appointed, if the appointment is made on or after June 30 of that calendar year.

B. The [on-site] review required under §A of this regulation shall, at a minimum, include:

(1) A determination of whether:

(a) (text unchanged)

(b) The principal agent’s escrow accounts have been properly reconciled as of the date of the completed [on-site] review and contain sufficient funds to disburse the trust money from all settlement files necessary to establish the lien, title or interests insured in accordance with title insurance policies issued by the title insurer conducting the [on-site] review;

(2) (text unchanged)

(3) A review [and reconciliation of a principal agent’s policy blank inventory] of the title insurance producer’s or agency’s policy issuing and processing operations;

(4) (text unchanged)

(5)—(6) (text unchanged)

(7) Receipt of the written certification of the principal agent, which shall contain:

(a)—(b) (text unchanged)

(c) The following statement in at least 12-point font: I hereby certify that the information provided to the title insurer or its designee during the [on-site] review is, to the best of my knowledge, information, and belief, full, complete, and truthful and that I have undertaken an adequate inquiry to make this certification.

C. (text unchanged)

D. A title insurer may enter into a written contract with a third party to perform [an on-site] a review.

E. A title insurer that enters into a written contract with a third party to perform [an on-site] a review is:

(1)—(2) (text unchanged)

.05 Failure to Cooperate.

A principal agent’s failure to cooperate with a title insurer at the beginning of or during [an on-site] a review shall constitute a reason to believe that the principal agent has engaged in a prohibited activity under Insurance Article, §10-126, Annotated Code of Maryland, and shall be reported to the Commissioner.

.06 Report.

A. A title insurer shall [file] prepare a written report setting forth the results of its annual review, which shall be made available to [with] the Commissioner [within 45 calendar days after the completion of the on-site review] upon request.

B. A title insurer shall file a report with the Commissioner within 45 calendar days after the completion of the review if the title insurer has reasonable cause to believe that the title insurance producer or agency at any time engaged in any of the prohibited activities set forth in Insurance Article, §10-126, Annotated Code of Maryland. The report shall be submitted regardless of whether the prohibited activities ceased or were remedied prior to, during the course of, or as a result of the review. The report shall be in writing on a form specified by the Commissioner and submitted by electronic means directed by the Commissioner.

[B.] C. The report shall address the following areas:

(1) If applicable, a detailed description of the basis for the reasonable cause to believe that the title insurance producer or agency engaged in any of the prohibited activities set forth in Insurance Article, §10-126, Annotated Code of Maryland;

[(1)] (2) (text unchanged)

[(2)] (3) The name and Maryland producer license number of any insurance producer associated with the principal agent, including the name and license number or numbers of any TIPICs utilized by the agency and confirmation that they are appointed with the insurer;

(4) The file number and property address for each file that was reviewed;

[(3)] (5) The principal agent’s escrow accounts and related practices, including a review to ensure that:

(a)—(c) (text unchanged)

(d) The principal agent’s escrow accounts have been properly reconciled as of the date of the completed [on-site] review and the trust deposits held on its behalf are reasonably ascertainable from the books of account and records of the principal agent[.];

(6) The report shall indicate if there are or have been any escrow or account shortages at any time during the review period;

[(4)] (7) Except for transfers of money between the principal agent’s escrow or trust account and the principal agent’s operating account for the fees due the principal agent, transfers of money between principal agent’s accounts that contain or have contained trust money deposits;

[(5)] (8) Discrepancies between receipts and disbursements, and, if discrepancies are found, a description of the discrepancies in detail and whether the title producer or lender prepared the closing disclosure or HUD-1;

[(6)] (9)—[(10)] (13) (text unchanged)

[C.] D. A title insurer is not precluded from providing a more comprehensive description of the [on-site] review.

[D.] E. (text unchanged)

.07 Required Notifications.

A. Except as provided in §B of this regulation, if a title insurer has reason to believe that the principal agent has engaged in, or is engaging in, conduct that is prohibited by Insurance Article, §10-126, Annotated Code of Maryland, the title insurer shall notify the Commissioner in writing, which may be through email, facsimile, or other electronic transmission, within 10 calendar days after obtaining such knowledge or belief, in addition to filing any required a report.

B. A title insurer shall notify the Commissioner in writing, which may be through email, facsimile, or other electronic transmission, within 2 calendar days if a title insurer has reason to believe that a principal agent has converted or misappropriated money received or held in trust in addition to filing any required report.

C. (text unchanged)

KATHLEEN A. BIRRANE
Insurance Commissioner

Title 33
STATE BOARD OF ELECTIONS

Subtitle 13 CAMPAIGN FINANCING

Notice of Proposed Action

[23-087-P]

The State Board of Elections proposes to:

(1) Adopt new Regulation .05 under COMAR 33.13.10 Prohibitions; and

(2) Amend Regulation .06 under COMAR 33.13.13 Administrative Accounts.

This action was considered by the State Board of Elections at its May 4, 2023, meeting, notice of which was given in accordance with General Provisions Article, §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to:

(1) Prevent any circumventions of the contribution limit and surplus funds requirements for pro-rata return of contributions; and

(2) Allow for administrative account funds to be used for fundraising activities exclusively for the administrative account.

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 Tracey Hartman, Director of Special Projects, State Board of Elections, 151 West St., Suite 200, Annapolis, MD 21401, or call 410-269-2931, or email to traceye.hartman@maryland.gov. Comments will be accepted through July 17, 2023. A public hearing has not been scheduled.

33.13.10 Prohibitions

Authority: Election Law Article, §§1-101(o), 1-101(aa), 2-102(b)(4), 13-218, 13-220.1, 13-221, 13-225—13-237, 13-239, 13-245, 13-306, 13-307, and
13-309.1 and Title 13, Subtitle 3, Annotated Code of Maryland

.05 Contribution Conversion.

Thirty days after the filing of a campaign finance report for an applicable transaction period, the campaign finance report may not be amended in a way that alters a reported contribution received during the applicable transaction period into a loan.

33.13.13 Administrative Accounts

Authority: Election Law Article, §§ 2-102(b)(4) and 13-220.1, Annotated Code of Maryland

.06 Permissible Uses.

A. (text unchanged)

B. Permissible Activities. The following activities are permissible non-campaign related activities and may be paid with administrative funds:

(1)—(9) (text unchanged)

(10) Bank charges, accounting fees, tax preparation fees, or costs associated with the filing of campaign finance reports; [and]

(11) Legal fees or similar professional or service fees[.]; and

(12) Fundraising activities for soliciting donations to the administrative account only.

LINDA LAMONE
State Administrator of Elections

Special Documents

DEPARTMENT OF THE ENVIRONMENT

WATER AND SCIENCE ADMINISTRATION

Water Quality Certification 22-WQC-0036

Long Point Preserve, LLC

5252 Long Point Farm Road

Oxford, MD 21654

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-0036

Location: 5252 Long Point Farm Rd., Oxford, MD 21654

The purpose of the project is to control shoreline erosion. The associated work includes the following:

1. Construct 3 sections of living shoreline consisting of 2,280-linear feet of stone, sand containment sill; filled and graded with a total of 3,158 cubic yards of sand along 2,280 feet of eroding shoreline and planted with marsh vegetation, extending a maximum of 35 feet channelward of the mean high water line;

2. Construct 580-linear feet of 4-foot wide riprap revetment within a maximum of 19 feet channelward of the mean high water line;

3. Construct 220-linear feet of replacement bulkhead within a maximum of 1.5 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: R. Miles Simmons at robertm.simmons@maryland.gov or at 410-901-4044

[23-12-12]

WATER AND SCIENCE ADMINISTRATION

Water Quality Certification 23-WQC-0011

Howard County Government

Stormwater Management Division

9801 Broken Land Parkway

Columbia, Maryland 21046

Add’l. Info: Pursuant to COMAR 26.08.02.10F(1)(d), The Maryland Department of the Environment is providing notice of a scheduled Public Hearing for Water Quality Certification 23-WQC-0011.

Location: East of South Meadow Court in Ellicott City, Howard County, Maryland

The Howard County Department of Public Works, Stormwater Management Division has requested a Water Quality Certification for a stormwater management (SWM) retrofit and stream restoration project. The purpose of this project is to decommission the existing South Meadow Court SWM pond, replace the lost water quality volume through the retrofit of an existing downstream sediment basin, restore approximately 340 feet of a perennial stream and approximately 340 linear feet of an ephemeral tributary. The proposed action is needed because the existing SWM pond does not comply with MD Code 378. The SWM pond will be replaced with a combination of constructed riffles, boulder/log sills and new storm drains to safely convey water from to the retrofitted pond, which will be sized to both treat the impervious surface to the SWM pond and the additional impervious surfaces flowing to the sediment basin. The retrofitted sediment basin will be designed to meet current SWM requirements and classified as a low hazard dam. The project will restore 200 feet of the perennial mainstem into the new pond. This additional stream restoration will be used to offset the length of stream removed by the pond construction. The project is located along a tributary of Centennial Lake, a Use IV-P waterway, which is located within the Little Patuxent River watershed

The purpose of this notice is to solicit comments from the public about the proposed work and to announce the date of a Maryland Department of the Environment public informational hearing on the subject application. At this time, no decision has been made as to whether a certification will be issued. A virtual public informational hearing has been scheduled for the referenced project on Monday, July 31, 2023. The hearing will begin at 7:00 P.M. and end no later than 9:00 P.M. To participate in the public informational hearing, please use the following link, meet.google.com/pwg-qyqu-wnu or dial 1- 505-510-0437, PIN: 586 031 107#. Written comments will be accepted until August 14, 2023.

Contact: Danielle Spendiff at danielle.spendiff1@maryland.gov or 410-537-4023.

[23-12-10]

WATER AND SCIENCE ADMINISTRATION

Water Quality Certification 23-WQC-0013

Erasmus Properties, Inc.

C/o C. Steinweg

4505 North Point Boulevard

Baltimore, MD 21219

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 23-WQC-0013

Location: Erasmus Properties, Inc. 1201 Wallace Street, Baltimore, MD 21230

The work associated with the project includes the following:

1. Mechanically maintenance dredge a 162,300 square foot area (3.8 acre) within an existing slip/berthing area adjacent to the Fort McHenry Piers 1 & 2 located at 1201 Wallace Street to a depth of 38 feet below mean low water.

2. Transport and deposit approximately 25,000 cubic yards of dredged material at Masonville or Cox Creek Dredge Material Containment Facility.

3. Provide periodic maintenance dredging for 10 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: Matt Wallach at matthew.wallach@maryland.gov or 410-207-0893

[23-12-11]

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 (SCALB)

Subject: Public Meeting

Date and Time: July 11, 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 below.

Place: Via Google Meet

Add’l. Info: Google Meet joining info:

Video call link:

https://meet.google.com/ahz-mgnk-jsu

Join by phone: 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, Annotated Code of Maryland.

Contact: Ayanna Daugherty 410-230-6019

[23-12-14]

COMMISSION ON CRIMINAL SENTENCING POLICY

Subject: Public Meeting

Date and Time: July 11, 2023, 5:30 — 7:30 p.m.

Place: Via Videoconference.

Add’l. Info: A livestream of the meeting is available at:

https://www.youtube.com/watch?v=nQYMBqIlr60

Contact: David Soule 301-403-4165

[23-12-04]

DEPARTMENT OF THE ENVIRONMENT

Subject: Public Meeting

Date and Time: June 28, 2023, 9 a.m. — 12 p.m.

Place: Via Google Meet

Add’l. Info: Google Meet joining info:

Video call link:

meet.google.com/cwp-gkos-agd

Join by phone: 1-567-209-4863

PIN: 729 163 885 #

Contact: Duane Johnson 410-537-4466

[23-12-01]

DEPARTMENT OF THE ENVIRONMENT

Subject: Public Meeting

Date and Time: June 28, 2023, 9 a.m. — 12 p.m.

Place: Dept. of the Environment, 1800 Washington Blvd., Baltimore, MD

Contact: Taj Googlow 410-537-4466

[23-12-03]

MARYLAND DEPARTMENT OF HEALTH

Subject: Receipt of Application

Add’l. Info: The Maryland Department of Health (MDH) is currently accepting applications and nominations for physicians and pharmacists to serve on the Maryland Medicaid Drug Use Review (DUR) Board beginning January 2024.

The implementation of the Omnibus Budget Reconciliation Act of 1990 (OBRA 90), §1927g(3), requires that the MDH establish a Medicaid DUR Board. The DUR Board is composed of licensed and actively practicing physicians and pharmacists in Maryland and has operated since November 1992. The activities of the DUR Board include but are not limited to the following:

· Reviewing prospective and retrospective DUR criteria, prior authorization criteria, and quantity or dosage form limitations developed by the Division of Clinical Pharmacy Services or contracted vendors.

· Evaluating the use of criteria and interventions, including assessing the operational effect of the criteria and interventions, to identify areas of prescribing and dispensing specific drugs that may result in adverse participant outcomes.

· Evaluating participant drug utilization that may represent potential fraud and abuse and make disposition recommendations.

· Identifying educational needs, developing educational plans to improve prescribing or dispensing practices, and evaluating the effectiveness of these educational interventions.

· Advising the Office of Pharmacy Services (OPS) in enrolling participants into the Corrective Managed Care (CMC) Program through the DUR Board’s CMC Advisory Committee.

This subcommittee of the DUR Board develops Corrective Managed Care enrollment recommendations by considering the Lock-In Criteria for participants (as defined by the CMC Advisory Committee Policy and Procedures).

The DUR Board meets quarterly for 3—4 hours in the Baltimore area. Meetings are typically scheduled on the first Thursday morning during the months of March, June, September, and December. Members are appointed by the Secretary of MDH and serve terms of 3 years from their appointment with the option to serve an additional 3-year term.

The membership of the Maryland DUR Board includes healthcare professionals who have recognized knowledge and expertise in one or more of the following areas:

(1) The clinically appropriate prescribing of outpatient drugs.

(2) The clinically appropriate dispensing and monitoring of outpatient drugs.

(3) Drug use review, evaluation, and intervention.

(4) Medical quality assurance.

All interested applicants are required to submit a formal application through the Maryland Department of Health’s (MDH) Office of Appointments and Executive Nominations application link at https://mdhappointments.health.maryland.gov/BoardAppointments.

Applications must be submitted by August 1, 2023.

Any additional questions regarding applications may be addressed to Mangesh Joglekar and/or Lynn Frendak at the Office of Pharmacy Services:

mangesh.joglekar@maryland.gov

lynn.frendak@maryland.gov

Contact: Mangesh Joglekar 410-767-5878

[23-12-06]

MARYLAND DEPARTMENT OF HEALTH/STANDING ADVISORY COMMITTEE ON OPIOID-ASSOCIATED DISEASE PREVENTION AND OUTREACH PROGRAMS

Subject: Public Meeting

Date and Time: June 23, 2023, 10 a.m. — 12 p.m.

Place: Virtual Meeting

Add’l. Info: Joining info:

https://us06web.zoom.us/j/86575036555?pwd=eGhuTnYxeWRvTlZUT1d6aTlzVlNnZz09

Meeting ID: 865 7503 6555

Passcode: 358738

Contact: Katy Laurel Edwards 443-401-0578

[23-12-05]

DEPARTMENT OF VETERANS AFFAIRS/MARYLAND VETERANS COMMISSION

Subject: Public Meeting

Date and Time: July 18, 2023, 10:30 a.m. — 1 p.m.

Place: 1420 Spring St., Silver Spring, MD

Contact: Denise Nooe 410-260-3840

[23-12-07]

WORKERS’ COMPENSATION COMMISSION

Subject: Public Meeting

Date and Time: July 20, 2023, 9:30 — 11:30 a.m.

Place: 10 E. Baltimore St., Baltimore, MD

Add’l. Info: Portions of this meeting may be held in closed session.

Contact: Amy S. Lackington 410-864-5300

[23-12-13]

GOVERNOR’S WORKFORCE DEVELOPMENT BOARD/CAREER AND TECHNICAL EDUCATION (CTE) COMMITTEE

Subject: Public Meeting

Date and Time: June 28, 2023, 12 — 2 p.m.

Place: Virtual Meeting

Add’l. Info: The livestream is available at https://www.youtube.com/@marylandctecommittee.

Contact: Darla Henson 410-767-2408

[23-12-02]