Title 11
DEPARTMENT OF TRANSPORTATION
Subtitle 02
Transportation Service Human Resources System
Notice of Opportunity for Comment
In accordance with the Regulatory Review and Evaluation Act, State
Government Article, §§10-130 — 10-139, Annotated Code of Maryland, the Maryland
Department of Transportation (MDOT) is currently reviewing and evaluating the
following chapters:
11.02.01 Applicability
and Definitions
11.02.02 Hiring,
Appointment, Promotion, and Resignation
11.02.03 Leave Benefits
11.02.04 Equal Employment
Opportunity
11.02.05 Reinstatement
11.02.06 Medical
Examinations and Evaluations
11.02.07 Layoff
11.02.08 Disciplinary
Action
11.02.09 Grievances
11.02.10 Employee
Performance Appraisal
11.02.11 Testing for
Drugs and Alcohol
11.02.12 Pilot Programs,
Research Projects, and Demonstration Projects
11.02.13 Family Medical
Leave
The purpose of this review and evaluation is to determine whether
existing regulations continue to accomplish the purposes for which they were
adopted, clarify ambiguous or unclear language, and repeal obsolete or
duplicative provisions. Pursuant to this work plan, MDOT will evaluate the need
to retain, amend, or repeal the regulations based on whether the regulations:
·
Continue
to be necessary for public interest;
·
Continue
to be supported by statutory authority and judicial opinions;
·
Are
obsolete or otherwise appropriate for amendment or repeal;
·
Continue
to be effective in accomplishing the intended purposes of the regulations.
MDOT would like to provide interested parties with an opportunity
to participate in the review and evaluation process by submitting comments on
the regulations. The comments may
address any concerns about the regulations.
If the comments include suggested changes to the regulations, please be
as specific as possible and provide language for the suggested changes. Comments must be received by December 18,
2023.
Comments should be directed to Daniel Bright, MDOT Human
Resources, Maryland Department of Transportation, 7201 Corporate Center Drive,
MS-100, Hanover, MD 21076 or by email to dbright@mdot.maryland.gov
or call 410-865-1197.
[23-23-04]
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 09
MARYLAND DEPARTMENT OF LABOR
Subtitle 09 MARYLAND BOARD OF
ELECTRICIANS
Notice of Final Action
[23-171-F]
On October 24, 2023, the Maryland Board of Electricians adopted
amendments to:
(1) Regulation .03
under COMAR 09.09.01 Fees and Deadlines; and
(2) Regulation .01
under COMAR 09.09.02 Continuing Education.
This action, which was proposed for adoption in 50:17 Md. R.
771—172 (August 25, 2023), has been adopted as proposed.
Effective Date: November 27, 2023.
CHET BROWN
Chair
Maryland Board of Electricians
Title 10
MARYLAND DEPARTMENT OF HEALTH
Subtitle 09 MEDICAL CARE PROGRAMS
10.09.04 Home Health Services
Authority: Health-General Article, §§2-104(b), 15-103, 15-105, and 15-141.2, Annotated Code of Maryland
Notice of Final Action
[22-349-F]
On October 20, 2023, the Secretary of Health adopted amendments to
Regulations .01, .03, .04, and .07 under COMAR 10.09.04 Home Health Services.
This action, which was proposed for adoption in 50:7 Md. R. 307—309 (April 7,
2023), has been adopted as proposed.
Effective Date: November 27, 2023.
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 09 MEDICAL
CARE PROGRAMS
10.09.54 Home and
Community-Based Options Waiver
Authority: Health-General Article, §§2-104(b), 15-103, 15-105,
15-132, and 15-141.2, Annotated Code
of Maryland
Notice of Final Action
[22-345-F]
On June 16, 2023, the Secretary of Health adopted amendments to
Regulations .01, .04, .14, .16, .17, and .22 under COMAR 10.09.54
Home and Community-Based Options Waiver. This action, which was proposed
for adoption in 50:3 Md. R. 94—96 (February 10, 2023), has been adopted as
proposed.
Effective Date: November 27, 2023.
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 09 MEDICAL
CARE PROGRAMS
10.09.56 Home and
Community-Based Services Waiver for Children with Autism Spectrum Disorder
Authority: Health-General Article, §§2-104(b), 15-103, 15-105, and
15-130, Annotated Code of Maryland
Notice of Final Action
[22-338-F]
On June 16, 2023, the Secretary of Health adopted amendments to
Regulation .22 under COMAR 10.09.56 Home and Community-Based
Services Waiver for Children with Autism Spectrum Disorder. This action,
which was proposed for adoption in 50:4 Md. R. 140 (February 24, 2023), has
been adopted as proposed.
Effective Date: November 27, 2023.
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 09 MEDICAL
CARE PROGRAMS
10.09.69 Maryland Medicaid
Managed Care Program: Rare and Expensive Case Management
Authority: Health-General Article, §§15-102.1(b)(1) and
15-103(b)(4)(i), Annotated Code of Maryland
Notice of Final Action
[23-114-F]
On October 20, 2023, the Secretary of Health adopted amendments to
Regulations .04, .14, and .17 under COMAR 10.09.69
Maryland Medicaid Managed Care Program: Rare and Expensive Case Management.
This action, which was proposed for adoption in 50:16 Md. R. 737—738 (August
11, 2023), has been adopted as proposed.
Effective Date: November 27, 2023.
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 67 MARYLAND HEALTHCHOICE
PROGRAM
10.67.08 Maryland Medicaid
Managed Care Program: Non-Capitated Covered Services
Authority: Health-General Article, §§2-104(b), 15-103, and 15-105,
Annotated Code of Maryland
Notice of Final Action
[23-120-F]
On October 20, 2023, the Secretary of Health adopted amendments to
Regulation .02 under COMAR 10.67.08 Maryland Medicaid Managed
Care Program: Non-Capitated Covered Services. This action, which was
proposed for adoption in 50:14 Md. R. 618—620 (July 14, 2023), has been adopted
as proposed.
Effective Date: November 27, 2023.
LAURA HERRERA SCOTT
Secretary of Health
Title 33
STATE BOARD OF ELECTIONS
Notice of Final Action
[23-153-F]
On September 28, 2023, the State Board of Elections adopted:
(1) Amendments to Regulation .01
under COMAR 33.01.01 Definitions;
(2) New Regulations .01
and .02 under a new chapter, COMAR 33.07.11 Election Judges;
(3) The repeal of existing Regulation .01
and new Regulation .01 under COMAR 33.15.02 New or Changed Precincts;
and
(4) The repeal of existing Regulations .01 and .02 and new
Regulations .01 and .02 under COMAR 33.15.03 Polling Places.
This action, which was proposed for adoption in 50:15 Md. R.
703—706 (July 28, 2023), has been adopted as proposed.
Effective Date: November 27, 2023.
MORGAN RHODEN
Deputy Director of Election Reform and Management
Proposed Action on Regulations
Title 01
EXECUTIVE DEPARTMENT
Subtitle 02 SECRETARY OF STATE
01.02.08 Notary Public General
Regulations
Authority: State Government Article, §§18-103, 18-107, and 18-222,
Annotated Code of Maryland
Notice of Proposed
Action
[23-256-P]
The Secretary of State
proposes to amend Regulations .02, .03, .09, and .10 under COMAR 01.02.08 Notary Public: General
Regulations.
Statement of Purpose
The purpose of this action
is to increase the fee notaries public may charge for the performance of
notarial acts and remote notarial acts as recently authorized by the enactment
of Ch. 715, Acts of 2022, and to increase the application processing fee that a
notary public pays to complete their new or renewal application with the
Secretary of State. The proposed action increases the fee from $6 to $8 for the
performance of a notarial act and from $25 to $30 for the performance of a
remote notarial act. The proposed action also allows the Secretary of State to
charge an application fee of $25 for a notary application. A notary is
commissioned for a 4-year term. The increased application fee would be paid
once every 4 years. This action also updates and clarifies the contact
information that a notary must maintain on record with the Secretary of State
and where electronic communications regarding a notary's commission are sent by
the Secretary of State
Estimate of Economic
Impact
I. Summary of Economic
Impact. The proposed action
increases the amount of revenue received by the Notary Special Fund for the Charities
and Legal Services Division. While the application fee, paid once every 4
years, will increase for an applicant, a notary will be able to charge more
money to perform notarial duties, allowing the notary to make more money from
performing notarial acts.
II. Types of Economic
Impact.
|
Impacted Entity
|
Revenue (R+/R-)
Expenditure (E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
(R+)
|
Approximately $224,
000
|
|
B. On other State
agencies:
|
NONE
|
|
|
C. On local governments:
|
NONE
|
|
|
|
|
|
|
|
Benefit (+)
Cost (-)
|
Magnitude
|
|
D. On regulated
industries or trade groups:
|
|
|
|
(1)
|
(-)
|
Unquantifiable
|
|
(2)
|
(+)
|
Unquantifiable
|
|
E. On other industries or
trade groups:
|
NONE
|
|
|
F. Direct and indirect
effects on public:
|
NONE
|
|
III. Assumptions. (Identified by Impact Letter and Number from
Section II.)
A. Currently, the notary
application fee is $9 per application. The change in notary regulations will
allow the agency to collect $25 per application. Last year the agency received
approximately 14,000 notary applications; using that number, the agency
projects it will increase revenue by approximately $224,000 ($16 more per
application x 14,000 applications).
D(1) and (2). The economic
impact is not quantifiable. While an applicant will need to pay more money per
application once every 4 years, they will be able to charge more money per
notarial act they perform once they become a notary public. This will allow the
notary public to cover the increased cost of their application.
Economic Impact on Small
Businesses
The proposed action has a
meaningful economic impact on small businesses. An analysis of this economic
impact follows:
Many small businesses
provide notary public services. These regulatory changes allow notaries public
to increase the fee for their services; however, the increased application fee
will cause a notary to pay $16 additional for their 4-year term as a notary.
The increased notary fee should allow the notary to offset this increased
application cost over their 4-year term.
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 Schlein, Division Administrator, Charities and Legal Services Division,
Office of the Secretary of State, 16 Francis Street, Annapolis, MD 21401, or
call 410-260-3863, or email to michael.shclein@maryland.gov. Comments will be
accepted through December 18, 2023. A public hearing has not been scheduled.
.02 Charges and Fees
A. A notary public may
demand and receive a fee of no more than the following for the performance of
an original notarial act:
(1) [$6] $8 for the
performance of a notarial act; or
(2) [$25] $30 for the
performance of a remote notarial act.
B. When a notary public is
requested to notarize more than one copy of the same record, where the copy or
copies have been signed at the same time by the same person or persons, the
notary may demand and receive [$6] $8 for notarizing each signature
on the original or first copy of the record, and may demand and receive [$3]
$4
for each signature on each additional copy of the same record.
C.—E. (text unchanged)
.03 Processing Fee.
Each application for an
original or renewal appointment as a notary public shall be accompanied by a
processing fee of [$9] $25 payable to the Secretary of
State.
.09 Change in Name, Address,
or Email Information.
Notaries public are required
to notify the Office of the Secretary of State within 30 days if, at any time
during their commission, a notary public changes their:
A.—D. (text unchanged)
E. [Electronic] Personal
electronic mail (email) address;
F. Business phone number; [or]
G. Business address, if one was provided at
the time of application;
H. Business electronic
mail (email) address, if one was provided at the time of application; or
[G.] I. (text unchanged)
.10 Electronic Mail
Communications.
Effective January 1, 2021,
and except for correspondence relating to enforcement actions, the Office of
the Secretary of State will send all communications to notaries public using
electronic mail only. Each notary public is responsible for ensuring the Office
of the Secretary of State has a current and active personal email
address.
SUSAN C. LEE
Secretary of State
Title 09
MARYLAND DEPARTMENT OF LABOR
Subtitle 12 DIVISION OF LABOR AND
INDUSTRY
09.12.56 Maryland Swimming Pool and Spa
Standards
Authority: Public Safety
Article, §§12-1203 and 12-1207(a)(2), Annotated Code of Maryland
Notice of Proposed Action
[23-249-P-I]
The Secretary of Labor proposes to adopt new Regulations .01—.05 under a new chapter, COMAR 09.12.56 Maryland Swimming Pool and
Spa Standards.
Statement of Purpose
The purpose of this action is to incorporate by reference the
first edition of the most recent version of the International Swimming Pool and
Spa Code as the Maryland Swimming Pool and Spa Standards. This action also
clarifies when the new Standards apply, amends the adopted code to replace
references with the appropriate Maryland Accessibility and Fire Prevention
Codes, and increases public pool barrier height requirements to match the
existing the Maryland Department of Health 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 Mischelle F Vanreusel, Deputy
Commissioner, Division of Labor and Industry, 10946 Golden West Drive, Suite
160, Hunt Valley, MD 21031, or call
410-767-2225, or email to dli.regulations+pool@maryland.gov. Comments will be
accepted through December 18, 2023. A public hearing on the amendments will be
held on December 7, 2023, at 10 a.m., at 10946 Golden West Drive, Suite 160,
Hunt Valley, MD 21031. Additional details will be posted at https://www.labor.maryland.gov/labor/build/.
Editor’s Note on Incorporation by Reference
Pursuant to State Government
Article, §7-207, Annotated Code of Maryland, the 2021 International Pool
and Spa Code (ISPSC), International Code Council, has been declared a document
generally available to the public and appropriate for incorporation by
reference. For this reason, it will not be printed in the Maryland Register or
the Code of Maryland Regulations (COMAR). Copies of this document are filed in
special public depositories located throughout the State. A list of these
depositories was published in 50:1 Md. R. 7 (January 13, 2023), and is
available online at www.dsd.state.md.us. The document may also be inspected at
the office of the Division of State Documents, 16 Francis Street, Annapolis,
Maryland 21401.
.01 Purpose.
The purpose of this chapter
is to adopt the International Swimming Pool and Spa Code (ISPSC).
.02 Scope.
A. Except as provided in §B
of this regulation, the Standards shall apply to all swimming pools and spas
for which an application for a building permit is received by a local
jurisdiction on or after December 31, 2023.
B. The Standards adopted
under this chapter do not apply to a swimming pool or spa built and in
operation before December 31, 2023, unless there is an alteration or repair
that results in a substantial and material structural change to the swimming
pool or spa that occurs on or after December 31, 2023.
C. If there is an alteration
or repair to a swimming pool or spa built and in operation before December 31,
2023, that results in a substantial or material structural change, the
alteration or repair shall conform to the Standards.
.03 Incorporation by
Reference.
The 2021 International
Swimming Pool and Spa Code (ISPSC), International Code Council, is incorporated
by reference.
.04 Definitions.
“Substantial and material
structural change” means an alteration or repair that:
A. Increases the volume of
the swimming pool or spa by 15 percent or more; or
B. Decreases the flow
capacity of the swimming pool or spa by 15 percent or more.
.05 Amendments.
A. Chapter 3. Rename Section
305.2 to “Applicability” and replace the text with the following:
(1) A public swimming pool or
spa shall be surrounded by a barrier that complies with Sections 305.2.1
through 305.7, except that the top of the barrier where measured on the side of
the barrier that faces away from the swimming pool or spa shall be not less than:
(a) 72 inches (1828mm) above
grade for a Class A, B, or D swimming pool or spa;
(b) 60 inches (1524mm) above
grade for a Class C or E swimming pool or spa; and
(c) 36 inches (914.4mm) above
grade for a wading pool.
(2) Non-public outdoor
swimming pools and spas and indoor swimming pools shall be surrounded by a
barrier that complies with Sections 305.2.1 through 305.7.
B. In Section 307.1.4, where
“International Building Code” appears, substitute “Maryland Accessibility Code”
and, where “ICC A117.1” appears, substitute “Maryland Accessibility Code”.
C. In Section 324.7.1, where
“International Fire Code” appears, substitute “Maryland State Fire Prevention
Code.”
PORTIA WU
Secretary of Labor
Title 14
INDEPENDENT AGENCIES
Subtitle 22 COMMISSION ON CRIMINAL
SENTENCING POLICY
14.22.01 General Regulations
Authority: Criminal Procedure Article, §6-211, Annotated Code of
Maryland
Notice of Proposed Action
[23-241-P]
The Maryland State Commission on Criminal Sentencing Policy
proposes to amend Regulations .02, .03, and .07—.11 under COMAR 14.22.01
General Regulations. This action was considered at an open meeting on
September 12, 2023, notice of which was provided in 50:17 Md. R. 782 (August
25, 2023).
Statement of Purpose
The purpose of this action is threefold. The first purpose is to
modify Regulation .02 under COMAR 14.22.01 General Regulations to add the
definition of a feigned weapon and to clarify that sentences to probation
before judgement (PBJ) pursuant to either CP, §6-220(b) or CP, §6-220(c) are
included in the definition of adjudications. Regarding the latter, Ch. 711
(S.B. 211), Acts of 2023, amends CP, §6-220 to create an additional type of PBJ
that allows offenders to plead not guilty while still maintaining the benefits
of a traditional PBJ. The new PBJ will be codified in CP, §6-220(c), effective
October 1, 2023. The traditional PBJ will continue to be codified in CP, §
6-220(b). The second purpose of this action is to modify Regulations .02, .03,
.07, .08, .09, .10, and .11 under COMAR 14.22.01 General Regulations to replace
references to “adjudication of guilt” with “adjudication”, “convicted offense”
with “offense”, and “conviction” with “adjudication” or “offense” in instances
where the intended meaning of “conviction” includes PBJs pursuant to either CP,
§6-220(b) or CP, §6-220(c). Finally, the third purpose of this action is to
modify Regulation .09 under COMAR 14.22.01 General Regulations to specify that
a feigned weapon shall be scored 1 point under part C (weapon presence) of the
offense score.
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 David Soule, Executive Director, Maryland
State Commission on Criminal Sentencing Policy, 4511 Knox Rd., Suite 309,
College Park, MD 20740, or call 301-403-4165, or email to dsoule@umd.edu.
Comments will be accepted through December 18, 2023. A public hearing has not
been scheduled.
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1) "Adjudication" includes a:
(a)—(c) (text unchanged)
(d) Sentence to probation before
judgment (PBJ) pursuant to Criminal Procedure Article, §6-220(b) or 6-220(c),
Annotated Code of Maryland; or
(e) (text unchanged)
(2)—(7) (text unchanged)
(8) “Feigned weapon” means that an individual intentionally
created the false impression that there is an actual weapon present, including
a finger used to simulate a gun, a written note stating that there is a
dangerous weapon present, or a verbal statement that there is a dangerous
weapon present.
[(8)] (9)—[(23)] (24)
(text unchanged)
[(24)] (25)
"Victim injury" means physical or psychological injury to the crime
victim, the cause of which is directly linked to the conduct of the defendant
in the commission of the [convicted] offense.
[(25)] (26)—[(26)] (27)
(text unchanged)
.03 Sentencing Guidelines Worksheet.
A. (text unchanged)
B. The sentencing guidelines and offense seriousness categories in
effect at the time of sentencing shall be used to calculate the guidelines. If
it is determined that the guidelines are different than what they would have
been if calculated using the sentencing guidelines and offense seriousness
categories in effect on the date the instant offense [of
conviction] was committed, the State's Attorney or defense counsel may
bring this to the attention of the judge as a consideration for departure from
the guidelines.
C. Single Criminal Event.
(1) The sentencing guidelines worksheet shall be used for up to
three [convicted] offenses from a single criminal event.
(2) If there are more than three [convicted] offenses
from a single criminal event, additional worksheets shall be used as needed.
D. Multiple Criminal Events.
(1) When two or more [convictions] adjudications
result from separate criminal transactions over a period of time, each criminal
transaction is considered a separate event.
(2)—(3) (text unchanged)
E. Sentencing Event.
(1)—(2) (text unchanged)
(3) The offender score includes any adult adjudication [of guilt]
prior to the current sentence date and any finding of a delinquent act (i.e.,
findings of facts sustained at an adjudicatory hearing) within 5 years prior to
the date of the most recent instant offense (unless the defense or State can
show that a finding of a delinquent act did not result in the youth's
adjudication as delinquent at a juvenile disposition hearing, in which case the
finding of a delinquent act shall not be scored as a part of the juvenile
record) and, with the possible exception of part A of the offender score
(relationship to the criminal justice system), shall be the same for each
offense in the sentencing event.
(4) (text unchanged)
F. Sentencing Guidelines Completion.
(1) Before the judge imposes the sentence, an individual shall complete
the worksheet down to the section labeled "Actual Sentence" and
include each [convicted] offense for which the offender is to be
sentenced.
(2)—(4) (text unchanged)
G. (text unchanged)
.07 Case Information.
A. The top section of the sentencing guidelines worksheet contains:
(1)—(4) (text unchanged)
(5) Number of [convicted] offenses and criminal
events at the sentencing being reported;
(6)—(11) (text unchanged)
B. (text unchanged)
C. [Convicted] Offenses
(1) The individual completing the worksheet shall record the total
number of offenses for which a judge [must] may impose a
sentence in the space provided on the worksheet.
(2) (text unchanged)
D.—E. (text unchanged)
F. [Convicted] Offense Title. The individual
completing the worksheet shall write the [convicted] offense
titles and their corresponding Annotated Code of Maryland references or a
reference to the common law in the space provided.
G. (text unchanged)
H. Disposition Type.
(1) The disposition type refers to the nature and circumstances of
the [conviction] adjudication and sentencing.
(2)—(3) (text unchanged)
I.—K. (text unchanged)
L. Annotated Code of Maryland, Article and Section.
(1) The individual completing the worksheet shall identify the
Annotated Code of Maryland reference for each [convicted]
offense. The reference shall include the name or number of the article, the
section number, and any subsection letters or numbers. If the substantive
offense and the penalty for the offense are in separate sections or
subsections, they shall both be referenced.
(2) (text unchanged)
M. CJIS Code. The individual completing the worksheet shall record
in the designated space the CJIS code that corresponds to the [convicted]
offense. The CJIS codes can be found in COMAR 14.22.02.02. If there are
multiple CJIS codes for a listed offense and it is not known which code
corresponds to the specific offense conduct, the space can be left blank.
N. Statutory Maximum and Mandatory Minimum Penalties.
(1) The maximum penalty prescribed for each [convicted]
offense shall be recorded in the designated space on the worksheet.
(2) (text unchanged)
O.—P. (text unchanged)
.08 Guidelines Scoring.
A.—B. (text unchanged)
C. Seriousness Category of the [Convicted] Offense.
(1)—(6) (text unchanged)
.09 Offense Score.
A. Computation of Offense Score. The individual completing the
worksheet shall derive the offense score for each [convicted]
offense by totaling the points given for certain factors of that offense. A
column of offense scores is provided on the worksheet for each of the three
possible offenses within a single criminal event. A judge may include factors
known to the judge even if they are not within the scope of the [convicted]
offense, such as weapon presence in a robbery [conviction] offense
or victim injury in an offense involving a handgun violation [conviction].
B. Elements of the Offense Score.
(1) (text unchanged)
(2) Seriousness Category of the [Convicted] Offense.
(a) The individual completing the
worksheet shall assign points based on the seriousness category of the [convicted]
offense. COMAR 14.22.02 contains a list of Maryland criminal offenses and their
assigned seriousness categories.
(b) (text unchanged)
(3) (text unchanged)
(4) Weapon Presence.
(a)—(c) (text unchanged)
(d) The individual completing the
worksheet shall complete the weapon presence component of the offense score for
each offense to be sentenced. The individual completing the worksheet shall
apply the following rules:
(i) Explosive material (as defined in
Criminal Law Article, §4–501, Annotated Code of Maryland) is considered the
same as a firearm;
(ii) An unloaded firearm is
considered the same as a loaded firearm;
[(ii)] (iii)—[(iii)]
(iv) (text unchanged)
[(iv) Except if used as a
bludgeon, a toy gun is not a weapon and shall receive a weapon presence score
of zero;]
(v)—(vi) (text unchanged)
(vii) If a weapon was feigned but no
weapon was actually present, the score shall be [0 (no weapon present)]
1 (weapon other than firearm); [and]
(viii) A feigned weapon shall be
scored 1 point when an individual intentionally creates the false impression that
there is an actual weapon present, including a finger used to simulate a gun, a
written note stating that there is a dangerous weapon present, or a verbal
statement that there is a dangerous weapon present; and
[(viii)] (ix) (text
unchanged)
(5) (text unchanged)
C. Total Offense Score. To obtain an offense score, the individual
completing the worksheet shall add the points assigned to each element of the
offense score for each person offense [of] for which the
defendant [was convicted] is to be sentenced. The maximum
score is 15 and the minimum score is 1.
.10 Computation of the Offender Score.
A. (text unchanged)
B. Four Components of the Offender Score.
(1) Relationship to the Criminal Justice System When Instant
Offense Occurred.
(a) If the offender was in the criminal
justice system as the result of an adjudication [of guilt] as an
adult when the instant offense occurred, the individual completing the
worksheet shall assign a score of 1.
(b)—(d) (text unchanged)
(2) (text unchanged)
(3) Prior Adult Criminal Record.
(a) (text unchanged)
(b) Criteria.
(i) (text unchanged)
(ii) The individual completing the
worksheet shall count the number of prior adjudications of guilt according to
the seriousness categories. If prior multiple [convictions] adjudications
relate to a single criminal event, the individual completing the worksheet
shall score only the offense with the highest seriousness category. The prior
adult criminal record shall score no more than one [conviction] adjudication
stemming from a single criminal event.
(iii) Taking the number of
adjudications in the most serious category of offenses, the individual
completing the worksheet shall refer to the table below and locate the block
containing the number of [convictions] adjudications for
that seriousness category.
(iv) (text unchanged)
(v) Criteria Matrix
|
CRITERIA FOR PRIOR ADULT
CRIMINAL RECORD
|
|
Seriousness
Category
|
NUMBER OF [CONVICTIONS]
ADJUDICATIONS
|
|
1
|
2
|
3
|
4
|
5-9
|
10 or More
|
|
I—V
|
(text unchanged)
|
|
VI
|
Major if combined with any 9
offenses
---- Moderate if combined with not less than 4, nor more than 8
offenses
----
Minor
|
Major if combined with any 8
offenses
----
Moderate if combined with not less than 3, nor more than 7 offenses
----
Minor
|
Major if combined with any 7
offenses
----
Moderate if combined with not less than 2, nor more than 7 offenses
----
Minor
|
Major if combined with any 6
offenses
----
Moderate
|
Major if total number of [convictions]
adjudications is equal to or greater than 10
----
Moderate
|
Major
|
|
VII
|
(text unchanged)
|
(c) Different Criminal Events Sentenced
Together. If multiple offenses from different criminal events are being
sentenced together at this sentencing event, the offender's criminal record
includes any adjudication [of guilt] before the current
sentencing and is the same for each offense being sentenced at this time.
(d) [Convictions]
Adjudications Out of Jurisdiction. If an offender has [been
convicted in another jurisdiction] an out of jurisdiction
adjudication, excluding military adjudications (see §B(3)(e) of this
regulation for instructions for scoring military adjudications), the individual
completing the worksheet shall match the offense as closely as possible to the
closest analogous Maryland offense. If no Maryland analogous offense exists,
the individual completing the worksheet shall count the offense in the lowest
seriousness category (VII), and shall inform the judge and parties. If the out
of jurisdiction [conviction] adjudication is based on act
that is not a criminal violation in Maryland (e.g., cannabis possession), then
the out of jurisdiction [conviction] adjudication shall be
excluded from the prior adult criminal record. If there is a question as to the
analogous guidelines offense for an out-of-State [conviction]
adjudication, that question shall be brought to the attention of the judge
at sentencing.
(e) (text unchanged)
(f) Theft-Type Offenses. Theft [convictions]
adjudications, such as larceny, larceny by trick, or larceny after
trust, that took place before the enactment of the comprehensive theft statute
in 1978 are considered misdemeanor theft if they were misdemeanors and felony
theft if they were felonies.
(g) Criminal Record Decay Factor.
If an offender has lived in the community for at least 10 years prior to the
instant offense without criminal justice system involvement resulting from an
adjudication [of guilt] or a plea of nolo contendere, the
criminal record shall be reduced by one level: from Major to Moderate, from
Moderate to Minor, or from Minor to None. An offender was in the criminal
justice system if the offender was on parole, on probation, incarcerated, on
work release, on mandatory supervision, was an escapee, or had a comparable
status. An offender is not considered to be in the criminal justice system if
the offender was on unsupervised probation for an offense not punishable by
imprisonment.
(h) (text unchanged)
(4) Prior Adult Parole/Probation Violations.
(a) (text unchanged)
(b) The individual completing the
worksheet shall assign a score of 1 if the offender was ever [adjudicated
in violation of] found by a court to have violated parole,
probation, or equivalent supervisory status, or [was convicted of]
if the offender has ever received an adjudication for an offense while on
parole, probation, or equivalent supervisory status, unless the adjudication [or
conviction] arose from the offense or offenses of this sentencing event.
The individual completing the worksheet may not assign a point simply because
the offender was on parole, probation, or equivalent supervisory status at the
time of the instant offense.
C. (text unchanged)
.11 Determining the Guidelines Sentence.
A. Guidelines Range. After the offense and offender scores have
been calculated for each offense [for which there is a conviction or
other adjudication of guilt], the individual completing the
worksheet shall use the appropriate matrix — person, drug, or property — to
determine the guidelines range. In multiple offense cases, the individual
completing the worksheet shall determine the overall guidelines range after
calculating guidelines for the individual offenses.
B. Actual Sentence. At the time of sentencing, the judge shall
enter the actual sentence on the worksheet. Complete sentencing information for
each [convicted] offense includes credit for time served,
suspended time, length of probation, fine, restitution, and community service.
If at any time a sentence is altered, a judge shall issue a revised worksheet
and direct that the worksheet be distributed in the same manner as an original
worksheet.
C. Person Offenses.
(1) To find the recommended guidelines sentence for a person
offense, the individual completing the worksheet shall use the sentencing
matrix for offenses against persons. The guideline ranges are in a grid format
with the offense score on the vertical axis and the offender score on the
horizontal axis. The guidelines range for any given [convicted]
offense is in the cell where the two scores intersect.
(2) (text unchanged)
D.—E. (text unchanged)
DAVID A. SOULE
Executive Director
Subtitle 38 MARYLAND STATE LIBRARY
14.38.01 Programs for Library
Media Services
Authority: Education Article, §23-106 Annotated Code of Maryland
Notice of Proposed Action
[23-178-P]
The Maryland State Library Agency proposes to amend Regulation .03 under COMAR14.38.01 Programs for Library Media Services. This action was
considered on September 13, 2023, at an open meeting of the State Library
Board.
Statement of Purpose
The purpose of this action is to amend the regulation with the
updated Public Law number and the name of the State Plan for the administration
of the Library Services and Technology Act.
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 Irene M. Padilla, State Librarian,
Maryland State Library Agency, 25 South Charles Street, Suite 1310, Baltimore,
MD 21201, or call 667-219-4800, or email to elizabeth.fletcher@maryland.gov.
Comments will be accepted through December 18, 2023.
Open Meeting
Final action on the proposal will be considered by State Library
Board during a public meeting to be held on December 18, 2023, at 10 a.m., at
meet.google.com/iik-agcu-prp, (US) +1 321-866-6597, PIN: 350 910 825#.
.03 Library Programs Involving Federal Funds.
The regulations for the acceptance and administration of federal
funds for the further development of public library and cooperative library
services as provided in Public Law [91-600] 104-208, as amended, shall be
those set forth in the [Basic] State Plan for the administration
[on] of the Library Services and [Construction] Technology Act.
IRENE M. PADILLA
State Librarian
Title 20
PUBLIC SERVICE COMMISSION
Subtitle
63 COMMUNITY CHOICE AGGREGATION
Notice of Proposed Action
[23-214-P]
The Public Service Commission proposes to adopt new chapters
of regulations under a new subtitle, COMAR
20.63 Community Choice Aggregation, as follows:
(1) Regulations .01 and
.02 under COMAR 20.63.01 General;
(2) Regulations .01—.05
under COMAR 20.63.03 CCA Pre-Enrollment
Information;
(3) Regulations .01 and
.02 under COMAR 20.63.04 Transfers of Service;
(4) Regulations .01—.03
under COMAR 20.63.05 CCA Utility
Coordination and Billing;
(5) Regulations .01—.14
under COMAR 20.63.07 Customer Protection;
(6) Regulations .01—.03
under COMAR 20.63.11 CCA Aggregation
Plan Requirements and Application Process;
(7) Regulations .01—.06
under COMAR 20.63.12 CCA Pilot Program
Termination;
(8) Regulation .01
under COMAR 20.63.13 Historical and
Forecast Electricity Price Trends;
(9) Regulations .01—.04
under COMAR 20.63.14 CCA Non-Commodity
Fees and Charges Tariff Structure;
(10) Regulations .01—.05
under COMAR 20.63.15 Data Exchange;
(11) Regulations .01—.04
under COMAR 20.63.16 Data Privacy;
(12) Regulations .01—.03
under COMAR 20.63.17 Transition to CCA
from SOS;
(13) Regulations .01—.03
under COMAR 20.63.18 Recovery of
Uncollectible SOS Expense from CCA Customers;
(14) Regulations .01—.05
under COMAR 20.63.19 SOS Risk Mitigation
and Pilot Annual Reporting; and
(15) Regulations .01—.03
under COMAR 20.63.20 CCA Coordination
Tariff.
This action was considered by the Public Service Commission at a
scheduled rule-making (RM 80) meeting held on August 8, 2023, notice of which
was given under State Government Article, §10-111, Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to
establish the Montgomery County Community Choice Aggregation Pilot
Program (Pilot) and develop procedures for:
(1) Electric companies to transfer customers from Standard Offer
Service to the Pilot;
(2) Coordinating billing with Montgomery County;
(3) Recovering uncollected costs;
(4) Exchanging customer information with Montgomery County;
(5) Montgomery County to establish a Community Choice Aggregator;
(6) Enrolling customer accounts in the Pilot;
(7) Applying to the Public Service Commission for approval of the
Pilot Aggregation Plan;
(8) The Commission to determine customer protections;
(9) Monitoring the Pilot;
(10) Mitigating risks to SOS from customer migration; and
(11) Determining conditions for approval of Montgomery County’s
Pilot Applications.
Estimate of Economic Impact
I. Summary of Economic Impact. Costs to implement the
regulations involve two categories: (1) impact to State and local government
agencies to develop the Community Choice Aggregation Pilot Program (CCA) and
ongoing monitoring of the Pilot until the 2031 scheduled program end date; and
(2) loss of sales margins to regulated utilities and licensed retail suppliers
from transfer of customers to the CCA. Benefits would reflect savings to energy
costs for CCA customers if prices are an improvement over Standard Offer Service
(SOS) or retail electricity contracts.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
|
|
|
Public Service Commission
|
(E+)
|
$220,000
|
|
B. On other State agencies:
|
|
|
|
Office of People’s Counsel
|
(E+)
|
$200,000
|
|
C. On local governments:
|
|
|
|
Prince George’s County and
Montgomery County
|
(E+)
|
$300,000
|
|
|
Benefit
(+)
Cost
(-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
|
|
|
Regulated utilities
|
(-)
|
$4,000,000
|
|
E. On other industries or trade
groups:
|
|
|
|
Apartment and Office Building
Association of Metropolitan Washington and retail energy suppliers.
|
(-)
|
$100,000
|
|
F. Direct and indirect
effects on public:
|
|
|
|
Electric customers
|
(-)
|
Unquantifiable
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
A. Loss of Maryland Public Service Commission assessment on retail
suppliers in Montgomery County, staff costs to participate in CCA Aggregation
Plan approval case and ongoing annual reporting, monitoring, and working group
participation.
B. Office of Peoples’ Counsel costs to participate in Aggregation
Plan approval case and ongoing working group participation.
C. Prince George’s County and Montgomery County regulatory costs
and operating costs for the Pilot.
D. Revenue/return impact to BGE, Pepco, and PE based on current
SOS administrative costs. Reflects loss
of SOS margin for an annual period.
E. Expenses for participation in Maryland Public Service
Commission approval process for CCA Aggregation Plan for AOBA and retail
electricity supply companies.
F +/- $60,000,000 assumes +/- $0.02 per kWh rates. Historic
differences in SOS versus retail rates for residential customers is on the
order of 2 cents per kWh.
Economic Impact on Small Businesses
The proposed action has a meaningful economic impact on small
businesses. An analysis of this economic impact follows:
Approximately 40,000 small commercial businesses in Montgomery
County would be eligible to participate in the Pilot. The impact to these customers is
unquantifiable until the CCA Pilot electricity rates are known but has the
potential to be significant because electricity is expected to reflect a
significant component of business expense.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to Andrew S. Johnston, Executive Secretary,
Maryland Public Service Commission, 6 St. Paul Street, 16th Floor, Baltimore,
MD 21202, or call 410-767-8067, or email to psc.rmcomments@maryland.gov.
Comments will be accepted through December 18, 2023. A public hearing has not
been scheduled.
20.63.01 General
Authority: Public Utilities Article, §§1–101(b), (f), and (k),
7–306(f)(5) and (h), 7–306.2(d)(3), 7–507(a), 7–510(f) and 7–510.3, Annotated
Code of Maryland
.01 Definitions.
A. In this chapter, the
following terms have the meanings indicated.
B. Terms Defined.
(1) “Aggregation Plan” means
a plan prepared by a county seeking Commission approval to become a CCA
pursuant to Public Utilities Article, §7-510.3, Annotated Code of Maryland.
(2) “Aggregation Supplier”
means an electricity supplier licensed by the Commission that has contracted
with a county to provide electric supply service to the CCA residential and
small commercial electric accounts within the county.
(3) “CCA Basic Service” means
the electric supply service a CCA customer receives if the customer does not
select a CCA Optional Service.
(4) “CCA Optional Service”
means one or more supply services a customer enrolled with a CCA may elect to
receive.
(5) “Commission” means the
Public Service Commission of Maryland.
(6) “Community Choice
Aggregator (CCA)” has the meaning stated in Public Utilities Article, §1-101(f),
Annotated Code of Maryland.
(7) “County” means a county
authorized per Public Utilities Article, §7-510.3(c), Annotated Code of
Maryland, to form a CCA.
(8) “Customer” means a
regulated utility retail electric customer account holder.
(9) “Cybersecurity breach”
means any unauthorized act that has been confirmed to result in access to
acquisition, control, destruction, disclosure, or modification of a CCA’s
information technology systems.
(10) “Drop” means the removal
of a customer from a supplier’s service.
(11) “Electric company” has
the meaning stated in Public Utilities Article, §1-101, Annotated Code of
Maryland.
(12) “Electric storage
facility” has the meaning stated in Public Utilities Article, §1-101(k),
Annotated Code of Maryland.
(13) “Electricity supplier”
has the meaning stated in COMAR 20.51.01.02B(10).
(14) “Electronic transaction”
means a standardized data protocol or electronic transmission medium that has
been accepted by the Commission for use in Maryland.
(15) “Enrollment” means the
assignment by an electric company of an electric retail customer account to
electricity supply service.
(16) “Good cybersecurity
practice” means cybersecurity plans that are designed, implemented, maintained,
and operated in accordance with an accepted industry cybersecurity standard and
in compliance with all applicable State requirements in Commercial Law Article,
§§14-3503—14-3508, Annotated Code of Maryland.
(17) “Information technology
system” means hardware and software related to electronic processing, and
storage, retrieval, transmittal, and manipulation of data.
(18) “Opt-out” means the act
of a customer choosing not to participate in the CCA’s Basic Service
electricity supply service for one or more of its accounts.
(19) “Program termination” means
the cessation of all CCA electric supply service to all CCA customers.
(20) “Residential electric
customer” means a customer served under one or more of an electric company’s
residential electric tariffs.
(21) “Small commercial
electric customer” means a commercial customer that has a peak electric load of
not more than 25 kilowatts and includes master-metered multiple occupancy
residences that have a peak electric load of not more than 25 kilowatts.
(22) “Standard Offer Service
(SOS)” has the meaning stated in Public Utilities Article, §7-501, Annotated
Code of Maryland.
(23) “Transition period”
means the period during which a CCA initially enrolls customers after providing
customers the opportunity to opt out of the CCA, per COMAR 20.63.04.01.
(24) “Utility consolidated
billing” means the process by which an electric company renders to customers’
bills that include both unregulated retail supply charges on behalf of a retail
supplier and the electric company’s regulated charges.
(25) “Written notice” means a
notice made in writing and includes a notice transmitted by mail, facsimile,
electronic mail, or other electronic means.
(26) “Written request” means
a request made in writing and includes a request transmitted by mail, facsimile,
electronic mail, or other electronic means.
.02 Landlord-Tenant Service
Agreements.
Electric companies shall
maintain existing arrangements for landlord-tenant service agreements which may
not be affected by a CCA Pilot Program.
20.63.03 CCA Pre-Enrollment
Information
Authority: Public
Utilities Article, §§1–101(b), (f), and (k), 7–306(f)(5) and (h),
7–306.2(d)(3), 7–507(a), 7–510(f) and 7–510.3, Annotated Code of Maryland
.01 CCA Customer Consent —
Pre-Enrollment.
A. A CCA is deemed to have
obtained a customer’s consent required by COMAR 20.53.03.01A(2) to request the
customer’s pre-enrollment information from the electric company after the
Commission has approved the CCA’s Aggregation Plan.
B. A CCA is not required to
notify a customer of its intention to obtain customer information from an
electric company if the customer’s consent is deemed to have been obtained
according to §A of this regulation.
.02 Pre-Enrollment
Information Format.
A. An electric company shall
provide to the CCA customer account pre-enrollment information on a per-account
basis using electronic transactions per COMAR 20.53.03.02 after the Commission
has approved the CCA’s Aggregation Plan.
B. A CCA may not make the
request described in §A of this regulation unless the CCA is in possession of a
customer’s account number or equivalent retail choice identification number.
.03 CCA Formation Notice
Information.
A. An electric company shall
provide to a county in the process of forming a CCA, upon written request,
information regarding each residential and small commercial customer in the
county from the applicable electric company.
B. An electric company shall
respond to the request in §A of this regulation within 10 business days.
C. The electric company shall
provide the following information:
(1) Aggregate usage
information for each applicable service class, which the CCA may request
quarterly; and
(2) A list of each
residential and small commercial electric customer accounts in the county,
including the following information for each account:
(a) Account name;
(b) Service address;
(c) Billing address; and
(d) Utility rate class or
code.
D. The electric company shall
include, in the information provided, each residential electric customer
account and each small commercial electric customer account at the time of the
request.
E. An electric company shall
exclude from the list, provided in §§C and D of this regulation, customer
account numbers or retail choice identification numbers.
F. A county may not request
the information in §C(2) of this regulation prior to the effective date of the
regulation.
G. An electric company shall
provide a separate list, as described in §C of this regulation, for residential
and small commercial customers.
.04 Information Required for
the CCA Opt-Out Notice.
A. An electric company shall
provide to a CCA, upon written request, customer account information regarding
each customer in the requesting county after the Commission has approved the
CCA’s Aggregation Plan.
B. An electric company shall
respond to the request in §A of this regulation within 30 calendar days.
C. The electric company shall
provide the following information for each account:
(1) Account name;
(2) Service address;
(3) Utility rate class or
code;
(4) Billing address;
(5) Retail choice status; and
(6) Electric company recorded
SOS request or CCA opt-out status.
D. The utility shall include,
in the information provided, each residential electric customer account and
each small commercial electric customer account at the time of the request.
E. An electric company shall
provide a separate list, as described in §C of this regulation, for residential
and small commercial customers.
.05 Recording Customer
Information Decisions.
A. A CCA shall retain records
of customer affirmative requests for CCA service, including:
(1) CCA service requested; and
(2) The time and date of the
request.
B. A CCA and a county in the
process of forming a CCA shall retain records of the time and date of customer
requests to opt-out of CCA service.
C. An electric company shall
retain records of the time and date of customer requests to opt-out of CCA
service or request SOS service.
D. The CCA and electric
companies shall retain records in §§A—C of this regulation for at least 3 years
after the termination date of the CCA.
E. The electric company shall
provide to the CCA, no more frequently than once per business day, the
information in §C of this regulation upon written request from the CCA.
20.63.04 Transfers of Service
Authority: Public
Utilities Article, §§1–101(b), (f), and (k), 7–306(f)(5) and (h),
7–306.2(d)(3), 7–507(a), 7–510(f) and 7–510.3, Annotated Code of Maryland
.01 Transition from Standard
Offer Service.
A. Customer Information
Update for the Opt-Out Notice. A county may request, from an electric company,data
provided under COMAR 20.63.03.04C.
B. CCA Opt-Out Notice. No
less than 45 days prior to the start of CCA service, a county shall mail a
notice, including the following information, to all residential and small
commercial customers:
(1) Name, Commission Supplier
License number, and identification of which Aggregation Suppliers are providing
CCA Basic Service and, if applicable, CCA Optional Services;
(2) Terms and conditions of service
for CCA Basic Service and, if applicable, CCA Optional Services;
(3) Rates, charges, and fees
for CCA Basic Service and, if applicable, CCA Optional Services;
(4) A comparison of the CCA Basic
Service and CCA Optional Services rates with applicable SOS rates;
(5) Information on how a
customer may select:
(a) SOS service by contacting
the electric company;
(b) CCA service by responding
to the notice affirmatively selecting the CCA or through a direct application
process; or
(c) Competitive retail supply
by visiting the Commission’s shopping website (www.mdelectricchoice.com) and contacting a competitive supplier to
enroll;
(6) Information on the total
renewable component of electricity provided under:
(a) CCA Basic Service; or
(b) CCA Optional Supply Services,
if applicable;
(7) A comparison of the
renewable content of the CCA Basic Service with that required by current State
law;
(8) An explanation of the
following enrollment procedures:
(a) The means a customer may
use to refuse to participate in the CCA service;
(b) That the customer will
receive CCA Basic Service if they take no action unless the customer is served
by a retail supplier; and
(c) That the CCA will not
switch a customer on a retail choice contract to the CCA without the customer’s
affirmative selection of the applicable CCA service;
(9) Information on how to
access a copy of the CCA’s customer information privacy policy;
(10) Information about
customer protection; and
(11) A reference to the CCA’s
website for the information in this section.
C. Notice of Opportunity to Opt-Out
of CCA Service. The CCA shall provide,
in the notice required in §B of this regulation, instructions on all methods by
which a customer can refuse or opt out of CCA Basic Service by:
(1) Responding to the CCA
with the customer’s choice to refuse to participate;
(2) Request of the customer
to the electric company to choose to retain or select SOS; or
(3) Contracting for retail
supply from another retail electricity supplier.
D. Processing of Opt-Out
Notices and Enrollments.
(1) A county in the process
of forming a CCA shall be prepared to accept and record a customer’s request to
opt-out of CCA service no less than 1 day prior to sending the notice required
by Public Utilities Article, §7-510.3 (d)(1)(ii), Annotated Code of Maryland.
(2) Opt-Out Period. A county
shall allow a customer at least 36 days from the date of mailing to respond to
the opt-out notice described in §B of this regulation before determining the
customer’s choice of the CCA.
(3) Provision of Account
Numbers. An electric company shall provide, upon request of a CCA, an update of
the list provided under COMAR 20.63.03.04C with the following modifications:
(a) An electric company shall
provide account numbers solely for customers who are not, as of the date and
time the report is generated, enrolled with a retail supplier or have not
contacted the electric company to select SOS.
(b) An electric company shall
notify the CCA of a customer’s request to retain or select SOS.
(c) Any additional
information needed by the CCA to enroll a customer to CCA supply service shall
be provided by an electric company for customer accounts for which account
numbers are provided according to §D(3)(a) of this regulation.
(4) A CCA may not enroll a
customer who contacts the CCA or the customer’s electric company to refuse
participation in the CCA unless the customer subsequently affirmatively selects
the CCA.
(5) A CCA may transmit
enrollment information to an electric company according to the terms of the
electric company’s tariff, subject to the following limitations:
(a) Enrollments may not be
effective prior to the date approved by the Commission in the CCA’s transition
schedule.
(b) Unless otherwise agreed
to by the electric company, a CCA may not transmit to a single electric company
more than 10,000 account enrollments per day.
E. Basic Service Offerings.
(1) A CCA shall offer a
single CCA Basic Service for residential customers in each applicable electric
company service territory.
(2) A CCA shall offer a
single CCA Basic Service for small commercial electric customers in each
applicable electric company service territory.
F. Transaction Error
Handling. The provisions of COMAR 20.53.04.03 shall apply to an Aggregation Supplier.
.02 Procedure for Enrolling
New Accounts by Default.
A. Upon completion of
enrollment of customers under Regulation .01 of this chapter, a CCA may request
every business day a list of all customers not included in the list provided in
COMAR 20.63.03.04C as well as customers dropped from retail supply service to
SOS service since the last list was provided.
B. For each new customer,
this list shall include:
(1) Account name;
(2) Service address;
(3) Billing address;
(4) Retail choice status;
(5) CCA opt-out status;
(6) Utility rate class or
code;
(7) Account numbers for
customers who have not selected a retail supplier or have not contacted the
utility to select SOS or have declined to participate in the CCA; and
(8) Any additional
information needed to enroll a customer to retail supply service for customer
accounts for which account numbers are provided according to §B(7) of this
regulation.
C. An electric company shall
provide this information in accordance with the data transfer procedures, as
described in COMAR 20.63.15.
D. New Customer Account
Enrollments.
(1) A CCA may transmit
enrollment information for a customer account listed in §A of this regulation
to an electric company according to the terms of the electric company’s tariff.
(2) A CCA may not submit an
enrollment for a customer account for which the customer has contacted the CCA
to opt-out unless that customer later affirmatively selects the CCA for the
account in question.
20.63.05 CCA Utility
Coordination and Billing
Authority: Public Utilities Article, §§1–101(b), (f), and
(k), 7–306(f)(5) and (h), 7–306.2(d)(3), 7–507(a), 7–510(f) and 7–510.3,
Annotated Code of Maryland
.01 CCA-Utility Coordination
and Billing.
A. A CCA, an Aggregation Supplier,
or an energy service provider working as the agent of a CCA shall follow the
supplier requirements of COMAR 20.53.05.01, 20.53.05.02, 20.53.05.03, and
20.53.05.05.
B. An electric company
providing services related to electric energy scheduling, load assignment, and
utility consolidated billing to a CCA, an Aggregation Supplier, or an energy
service provider working as the agent of a CCA shall follow the requirements of
COMAR 20.53.05 for services provided to a supplier.
.02 CCA Bill Messaging.
A. CCA Bill Item
Identification.
(1) A bill sent to electric
customers that participate in the aggregation activities of a CCA shall
identify the CCA as the electricity supplier.
(2) An electric company shall
use the name provided by Montgomery County or its designee as the
identification of the CCA on a customer bill.
(3) An Aggregation Supplier
or energy service provider contracted to provide services for the CCA shall
transmit billing information using a distinct identification for service
provided in the aggregation program from service that is provided to its other
retail customers.
(4) A bill including
CCA-provided services may identify any commodity services provided with a line
item description that displays the rates, fees, or charges separately.
.03 CCA Price to Compare.
A. An electric company shall
display its SOS rate information on each eligible customer’s bill as the price
to compare with retail supply offers, unless otherwise directed by the
Commission.
B. A CCA shall display the
SOS price to compare and the CCA Basic Service rate on the CCA website.
20.63.07 Customer Protection
Authority: Public Utilities Article, §§1–101(b), (f), and
(k), 7–306(f)(5) and (h), 7–306.2(d)(3), 7–507(a), 7–510(f) and 7–510.3,
Annotated Code of Maryland
.01 Scope.
This chapter applies to
electricity supply services that a CCA or its designated agents provide to
residential and small commercial electric customers.
.02 Disclosure of Customer
Information.
A CCA shall follow the
disclosure of customer information regulations, as described in COMAR
20.63.16.04.
.03 Creditworthiness.
A. A CCA may not refuse CCA Basic
Service to an eligible customer based on creditworthiness.
B. A CCA shall apply uniform
income, deposit, and creditworthiness standards for CCA Optional Services, if
applicable.
.04 CCA Service Territory.
A county which has formed a
CCA shall offer supply service throughout its jurisdiction to all eligible
customers that receive distribution service from the local utility.
.05 Enrollment Disputes.
A. A customer alleging a
violation of this regulation shall initially submit any inquiry or dispute
directly to a Community Choice Aggregator for resolution.
B. A customer alleging a
violation of this regulation may, at any time, file a dispute with the Commission’s
Consumer Affairs Division.
C. The CCA may not enroll a
customer’s account who has an active retail supply contract, has affirmatively
selected Standard Offer Service, or who has previously opted-out of the CCA,
without the customer affirmatively selecting the CCA.
D. A CCA may not assign a
customer to optional service unless the customer has affirmatively selected
that optional service.
E. Upon a determination by
the Consumer Affairs Division that an enrollment by the CCA was unauthorized,
the Consumer Affairs Division may order the CCA to issue a refund to the
customer in an amount, determined by the Consumer Affairs Division, intended to
hold the customer harmless relative to the price the customer would have paid
had the unauthorized enrollment not occurred, including any related early
termination penalties.
F.
If the charges have been billed by and the receivable purchased by the utility
from the CCA, the refund of charges determined by the Consumer Affairs Division
shall be remitted to the utility by the CCA. The refund determined by the
Consumer Affairs Division shall be applied to the customer’s utility account
current balance, and the excess returned to the customer upon request. If the
customer is no longer served by the CCA, the refund shall be returned to the
customer.
G. Upon purchase of any
receivable under this section, the utility shall be entitled to collect from
the customer, and the customer shall be responsible to pay the utility, the
total amount billed less any refund determined by the Consumer Affairs
Division.
.06 Termination.
A. Except as provided under
§B of this regulation, a utility may not terminate service for failure of a
customer to pay CCA charges.
B. If a utility purchases the
receivables of a CCA under COMAR 20.53.05.03, the purchased CCA receivables
become utility charges for the purpose of termination of service under COMAR
20.31.
.07 Advertising and
Solicitations.
A. A CCA may conduct
advertising for CCA services.
B. A CCA may not engage in a
marketing or trade practice that is unfair, false, misleading, or deceptive.
C. A CCA shall conduct any
marketing, subject to the rules in COMAR 20.53.07.07, with the exception of
COMAR 20.53.07.07 B(1), and subject to the rules of COMAR 20.53.10.
D. Disclosures.
(1) All CCA marketing or solicitation
information shall identify the Montgomery County CCA in a clear and conspicuous
manner.
(2) If a price or rate is
quoted, the following statements are required:
(a) The price or rate quoted
is only for the specified commodity provided by the CCA;
(b) The price or rate quoted
does not include any tax, electric company distribution charge, or other
electric company fee or charges; and
(c) The CCA’s price or rate
is not regulated by the Commission.
E. Telephone Solicitation. A
CCA may not conduct outbound telephone solicitations.
.08 CCA Terms of Service.
A CCA shall follow the
approved terms of service directed by the Commission when approving the CCA’s Aggregation
Plan.
.09 Notice of Enrollment.
A. A CCA shall provide notice
of enrollment of a customer to a utility in a format consistent with the
Commission-accepted electric utility supplier coordination agreement.
B. A CCA shall provide
written notice to customers within 5 business days upon change in CCA service
option.
C. Utility Notice of Enrollment
to Customer. An electric company shall provide written notice to a customer
upon enrollment by a CCA.
D. Notice of enrollment under
this regulation shall include the following:
(1) Customer name;
(2) Customer service address;
(3) Billing name;
(4) Billing address;
(5) Utility name;
(6) Utility account number;
(7) CCA name;
(8) Commodity provided; and
(9) Effective date of the
enrollment.
.10 Notice of Change in
Rates.
The CCA shall notify
customers by posting to the CCA website any change in rates at least 30 days
prior to the change in rates going into effect. The CCA website shall include
instructions for contacting the CCA regarding changes in rates.
.11 CCA Customer Deposits.
The CCA may not require a
customer deposit to participate in CCA Basic Service or any optional service
billed through the utility consolidated billing.
.12 CCA Late Payment Charges.
The CCA may not charge
customers late payment charges for CCA Basic Service or any optional service
billed through utility consolidated billing.
.13 CCA Dispute Resolution.
The CCA and its customers are
subject to the dispute procedures and regulations in COMAR 20.32.01.
.14 Website Information.
The CCA website shall provide
the following information to customers:
A. Current rates;
B. Effective period for
current rates;
C. Terms of service;
D. Renewable content;
E. Summary of the type of
costs included in rates;
F. Contact information for
CCA;
G. When to contact CCA;
H. Contact information for
electric companies;
I. When to contact electric
companies;
J. CCA opt-out information,
including an explanation of the means to opt-out or refuse CCA service;
K. CCA enrollment
information;
L. CCA customer information
privacy policy;
M. A copy of the full text of
the CCA Aggregation Plan; and
N. Information about customer
protection.
20.63.11 CCA Aggregation Plan Requirements
and Application Process
Authority: Public
Utilities Article, §§1–101(b), (f), and (k), 7–306(f)(5) and (h),
7–306.2(d)(3), 7–507(a), 7–510(f) and 7–510.3, Annotated Code of Maryland
.01 Scope.
This chapter applies to
Montgomery County when seeking to form a Community Choice Aggregator (CCA) in
Maryland.
.02 Aggregation Plan
Requirements.
A. A county seeking to form a
CCA shall submit an Aggregation Plan for Commission approval.
B. A county shall include the
following in its Aggregation Plan:
(1) A description of the
following:
(a) The CCA’s service
territory, including:
(i) Electric company service
territories; and
(ii) Differences between
electric company service territories, if applicable;
(b) The customers to be
served; and
(c) The resolution process
for errors in CCA enrollments or customer SOS selection;
(2) The proposed CCA
transition schedule, including:
(a) Date by which the CCA
will complete procurement of supply to meet initial CCA load;
(b) Date by which the
electric companies in the county will send updated eligible customer lists to
the CCA, per COMAR 20.63.03.03B;
(c) Date by which the CCA
will have mailed the CCA opt-out notice to all residential and small commercial
electric customers in the county;
(d) The schedule for
residential and small commercial electric customers to respond to the opt-out
notice prior to a customer being deemed to have given permission to participate
in the CCA;
(e) Estimated schedule for submitting initial CCA
enrollments to each electric company; and
(f) Date on which CCA begins
providing initial electric supply service to customers;
(3) Details of the
circumstances and processes for participating in the aggregation activities of
a CCA, including:
(a) Circumstances and
processes by which customers are automatically enrolled in CCA Basic Service;
(b) Explanation of how the
CCA intends to inform customers that SOS and retail supply will continue to be
available;
(c) Processes to permit a
customer to decline to participate in the CCA;
(d) Processes to permit a
customer to select SOS or a retail supply contract;
(e) The circumstances and
processes by which a CCA will determine that a customer has opted out of CCA Basic
Service;
(f) Processes by which a
customer can affirmatively select CCA Basic Service;
(g) Processes by which a
customer can affirmatively select CCA Optional Services; and
(h) Explanation of how the county
intends to inform customers about the availability of Seamless Moves;
(4) The circumstances and
processes by which the CCA will provide notices to customers, including:
(a) The draft notice or
notices;
(b) The purpose of the
notice; and
(c) Actions taken by CCA in response
to the customer’s response to the notice;
(5) A description of the
organizational structure of the CCA, including:
(a) Governance policies,
including:
(i) The roles of government
personnel;
(ii) The roles of elected
officials; and
(iii) The roles of other
personnel;
(b) Reporting relationships
within the CCA organizational structure;
(c) County government entity
accountable for all CCA policies and procedures; and
(d)
The authority and responsibility of entities within the CCA
organizational structure;
(6) A description of the
operations of the CCA, including:
(a) Each function that will
be performed by the CCA;
(b) The entities responsible
and accountable for these functions, including how these entities, whether
internal or external, were selected; and
(c) The internal oversight of
the CCA;
(7) A description of the
funding and budget of the CCA, including:
(a) The anticipated sources
of CCA revenues;
(b) The anticipated CCA
operating expenses;
(c) The anticipated CCA
capital costs; and
(d) A projected initial
operating budget for the CCA’s first year of operation;
(8) A description of the
purchasing plan designed to save ratepayers money, including:
(a) The proposed plan for
procuring supply, including anticipated use of Requests for Proposals and
competitive bidding;
(b) Supplier evaluation criteria,
including:
(i) Price;
(ii) Performance
capabilities;
(iii) Creditworthiness; and
(iv) Operational capabilities;
(c) Measures that provide
financial assurance associated with the supplier’s commitments;
(d) Anticipated time frame of
initial procurement and subsequent procurement frequency;
(e) Differentiation of
procurement by electric company service territory, if applicable;
(f) Long-term power purchasing
agreements and asset investment, including:
(i) Means by which
counterparties would be evaluated;
(ii) Method of financing; and
(iii) Key terms and conditions;
(g) Purchasing plan
monitoring and oversight;
(h) Measures to mitigate
price volatility for customers;
(i) The role of renewable
contact in procurement evaluation;
(j) The role of price in
procurement evaluation;
(k) Description of the
potential impact on price that energy sourced from renewable resources may
have;
(l) Description of procedures
designed to ensure power is procured to serve entire projected load;
(m) Explanation of how the
purchasing plan is designed to save CCA participants money; and
(n) Commission review of
proposed changes to the approved procurement plan;
(9) A description of the
processes the CCA shall use for entering into and terminating agreements with
other entities, including the process for entering and terminating contracts
with retail suppliers, electric generation, and electric storage facilities;
(10) A proposal for reporting
to the Commission regarding the CCA’s procurement, including:
(a) A proposed schedule for
the reporting; and
(b) What information the
reporting will provide;
(11) A description of the
rate setting process and costs to participants, including:
(a) Initial and anticipated
service offering;
(i) Description of
differentiation of rates and service options by electric company, if
applicable;
(ii) Description of seasonal,
time-of-use, or tiered rates, if applicable;
(iii) Description of demand
response and energy efficiency components, if applicable; and
(iv) Description of cost
true-up mechanisms;
(b) Description of the
frequency of rate updates, including:
(i) Potential causes for
changes in rates;
(ii) How customers will be
notified of rate changes;
(iii) How the Commission will
be notified of rate changes; and
(iv) Duration of time between
a notice of a rate change and the time the rate change becomes effective;
(c) Recovery of non-commodity
costs;
(d) Customer education for
initial and future service offerings;
(e) Commission notification
and review of proposed changes to service offerings;
(f) Customer deposit
requirements;
(g) Late payment charge
requirements; and
(h) The methodology for
establishing the rate for CCA Basic Service, including:
(i) Prevailing market prices;
(ii) Ongoing purchases; and
(iii) Operating costs;
(12) An analysis of
historical and forecast trends in electricity prices, as described in COMAR 20.63.13;
(13) A statement of the
rights and responsibilities of electric customers participating in the CCA and
eligible CCA electric customers not currently participating in the CCA,
including:
(a) Proposed terms and conditions
of CCA customer participation, including;
(i) Explanation of customer
participation in the CCA;
(ii) The right to opt-out of
participation;
(iii) The right to request
SOS;
(iv) The right to enter into
and retain retail supply contracts;
(v) The right to request CCA
participation;
(vi) CCA optional service;
(vii) All processes for
customer participation and opt-out;
(viii) Billing of CCA
customers, including use of utility consolidated billing and billing for
optional services, if applicable;
(ix) Payment rules and
regulations, including late fees, if applicable;
(x) Dispute resolution
processes;
(xi) Application of existing
electric company regulations and terms and conditions of service;
(xii) Notice of changes in
rates or prices;
(xiii) How customers will be
notified of rates or price changes;
(xiv) Duration of time
between notice of a rate change and the time a rate change become effective;
(xv) Contact information
including a CCA website containing the terms and conditions of CCA
participation;
(xvi) When customers should
contact their electric company; and
(xvii) When customers should
contact the CCA;
(b) Commission review of
proposed changes of the terms and conditions of CCA participation, including an
explanation of how county residents and small businesses will be made aware of
approved changes to the terms and conditions of CCA participation;
(c) A draft Customer Rights
and Responsibilities Pamphlet to be provided to county residents and small
commercial electric customers;
(d) A draft Frequently Asked
Questions and Key Definitions to be provided to county residents and small
commercial electric customers, including:
(i) Common terms and
definitions;
(ii) Statement that the
electric company’s terms and conditions are unchanged by the customer’s
enrollment in the CCA; and
(iii) The means by which the
Frequently Asked Questions and Key Definitions may be made available to county
residents and small commercial electric customers;
(e) A description of the CCA’s
data security mechanisms and data privacy policies to be provided to county
residents and small commercial electric customers;
(f) A statement of Universal
Electricity Access, Reliability, and Equitable Treatment of all residential and
small commercial electric customers; and
(g) An explanation of how the
rights and responsibilities of participating electric customers contained in
this section will be provided to county residents and small commercial electric
customers;
(14) The contingency plan for
terminating the Aggregation Program, including:
(a) The conditions and timing
of planned termination of the CCA, if any;
(b) A description of the
notices the CCA will provide to the Commission, electric companies in the
county and CCA customers in the event of full or partial termination,
including;
(i) Timing of notices to
customers, electric companies, and the Commission; and
(ii) Information to be
contained in the notices;
(c) The processes for
transferring customers from the CCA to SOS service; and
(d) The processes for winding
down the CCA;
(15) A proposed CCA
cybersecurity plan, as described in COMAR 20.63.16.03;
(16) Commission notification
and review of changes to an approved Aggregation Plan;
(17) A statement of the
purpose of the CCA, including the goals sought to be achieved;
(18) The proposed process for
comprehensive and effective CCA outreach and education, including:
(a) Messaging;
(b) Means of communication; and
(c) Budget; and
(19) The process by which the
CCA will accept and record customer decisions to opt out of CCA participation.
C. A county may not act upon
any portion of the Aggregation Plan until the Aggregation Plan has been
approved by the Commission.
.03 Aggregation Plan Approval
Process.
A. Filing Schedule and
Requirements.
(1) A county, when initiating
a process to form a CCA, shall file with the Commission the following:
(a) A notice of intent to
form a CCA;
(b) A copy of the County’s
Aggregation Plan;
(c) A draft local law forming
the CCA;
(d) Proposed terms of service;
(e) Proposed categories of
charges;
(f) Proposed categories of
fees; and
(g) Proposed costs unrelated
to actual cost of the electricity supply.
(2) A county may not initiate
a process to form a CCA unless the county has:
(a) Met the preliminary
requirements in §B of this regulation;
(b) Committed to CCA
formation on or after December 31, 2023; and
(c) Received from the
Commission approval of a petition to initiate a process to form a CCA.
B. Preliminary Requirements.
A county may not initiate a process to form a CCA unless it has, at least 60
days prior, performed the following:
(1) Developed an Aggregation Plan
consistent with Regulation .02 of this chapter;
(2) Filed with the Commission
a petition for approval of the county’s intention to initiate a process to form
a CCA and
(3) Included in its petition
proof of the following:
(a) Provision of a written
notice of the Aggregation Plan to each residential and small commercial
electric customer in the county using a list provided by each electric company
serving the county’s residents and businesses;
(b) Publication of a fair
summary of the Aggregation Plan in at least one newspaper of general
circulation in the county; and
(c) Publication, on the county’s
website, of the full text of the Aggregation Plan;
C. Aggregation Plan Discovery
Requests.
(1) A county, after filing
the petition with the Commission described in §B(2) of this regulation, shall
make reasonable efforts to respond within 10 business days to information
requests, including data requests, sent to the county regarding the County’s
Aggregation Plan unless the Commission imposes a different deadline.
(2) A county shall respond to
requests made by the Commission’s technical staff, Maryland Peoples’ Counsel,
electric companies serving Montgomery County customers, Apartment and Office
Building Association of Metropolitan Washington, and other parties to which the
Commission has granted discovery rights.
(3) Objections to discovery
and discovery responses shall be made within 3 business days unless otherwise
directed by the Commission.
D. Approval of an Aggregation
Plan. A county may not begin providing CCA service to its residential and small
commercial customers until after the following has occurred:
(1) The Commission has
approved the County’s Aggregation Plan.
(2) The county has enacted a
local law that provides that the county shall act as a CCA.
E. Approval of Aggregation
Plan Changes.
(1) A CCA may not implement
material changes to the approved Aggregation Plan without Commission approval.
(2) A CCA shall notify the
Commission of any non-material change to the approved Aggregation Plan every 6
months.
(3) All changes to CCA Basic
and Optional Services may not be considered material changes.
20.63.12 CCA Pilot Program
Termination
Authority: Public
Utilities Article, §§1–101(b), (f), and (k), 7–306(f)(5) and (h),
7–306.2(d)(3), 7–507(a), 7–510(f) and 7–510.3, Annotated Code of Maryland
.01 Scope.
This chapter applies to the
planned or unplanned termination of Community Choice Aggregation (CCA) electric
supply service.
.02 Termination Plan.
A CCA shall comply with the
termination contingency plan approved for the CCA by the Commission.
.03 Notice of Planned Program
Termination.
A. For the years 2028, 2029,
and 2030, a CCA shall file with the Commission its current termination plan by
April 15 of each year.
B. The CCA shall include in
the filing the planned termination date, or range of dates, for each electric company
service territory.
C. A CCA shall, no less than
16 months prior to the planned termination date of the pilot, notify the
Commission and all affected electric distribution
companies with CCA customers in the county of any planned program termination
of CCA electric supply service that would result in CCA customers switching to
SOS supply.
D. The CCA shall include in the
notice required by §B of this regulation:
(1) The CCA electric supply services in each
electric company service territory to be terminated;
(2) The planned date or range
of dates of termination for each electric company service territory;
(3) The number of customers
served, by rate class, for each electric company service territory that the CCA
plans to be switched to SOS;
(4) An explanation of how
affected customers enrolled in the CCA will be notified of the planned electric
supply service termination no less than 90 days prior to the termination date;
and
(5) An explanation of why the
electric supply service is being terminated.
.04 Notice of Unplanned
Program Termination.
A. The CCA shall notify the
Commission, all residential and small commercial electric customers in the
county, and all electric companies with CCA customers in the county of any
unplanned termination of CCA electric supply service that would result in CCA customers receiving SOS supply as soon
as practicable.
B. A CCA shall include in the
notice to the Commission and electric distribution companies of unplanned CCA
Pilot Program termination:
(1) The CCA electric supply
services in each electric company service territory to be terminated;
(2) The planned date, or
range of dates, of termination for each electric company service territory;
(3) The number of customers, by
rate class, served for each electric company service territory that the CCA
plans to be switched to SOS;
(4) An explanation of how
affected customers enrolled in the CCA will be notified of the unplanned
electric supply service termination; and
(5) An explanation of why the
electric supply service is being terminated.
C. A CCA shall include in the
notice to affected residential and small commercial electric customers of
unplanned CCA Pilot Program termination:
(1) The planned date, or
range of dates, of termination for each electric company service territory; and
(2) An explanation that
affected customers will be returned to SOS unless they enter into a retail
supply contract.
.05 CCA Termination.
A. A CCA shall coordinate
with each electric company, the transfer of customers back to SOS upon
termination of the CCA in order to mitigate the impact to SOS procurement.
B. A CCA that transfers all
customers to SOS shall be considered to be dissolved.
C. A CCA may not re-form
unless it has followed the procedures established by this subtitle for
establishing a new CCA.
D. A CCA may not recover from
electric company customers or electric companies any stranded costs for
electricity supply contracts entered into by the CCA or generation owned by the
CCA.
E. A county shall make reasonable
efforts to mitigate any electric company SOS procurement costs associated with
transferring CCA customers back to SOS upon termination of a CCA.
.06 Sale by the CCA of
Contracted Energy Supplies.
A. Within 30 days of the
termination date of the CCA, the county shall inform the Commission of any CCA power purchase agreements designated for the
CCA load for electricity supply which will exceed necessary supply for CCA
customers by filing with the Commission a notice of Excess Contracted
Electricity Supply, as follows:
(1) The notice shall include
a description of each power purchase agreement for
electricity supply which will exceed necessary supply for CCA customers,
including:
(a) Power purchase agreement duration;
(b) Remaining amount due to
the contracted supplier;
(c) Any plan to resell the power
purchase agreement or renegotiate the contract; and
(d) A statement of how the
county intends to recover any power purchase agreement costs that are
not recovered from CCA participants.
(2) Within 180 days of the
notice, the county shall file with the Commission a notice explaining the status
of any contract identified in §A(1) of this regulation.
B. Mitigation of SOS Unplanned
Load. A CCA returning customers to SOS shall make available to the affected
electric company any excess contracted electricity supply with right of first
refusal.
20.63.13 Historical and
Forecast Electricity Price Trends
Authority: Public
Utilities Article, §§1–101(b), (f), and (k), 7–306(f)(5) and (h),
7–306.2(d)(3), 7–507(a), 7–510(f) and 7–510.3, Annotated Code of Maryland
.01 Trend Analysis.
A county shall include in its
Aggregation Plan an analysis of historical and forecast trends in electricity
prices, including:
A. A graph or table of
historical Residential and Type I SOS prices for the most recent 36 months of
data available for each electric utility within the county; and
B. A graph or table of a 36-month
or longer forecast of residential and small commercial customer energy rates
meeting baseline State renewable energy goals for each electric utility within
the county.
20.63.14 CCA Non-Commodity
Fees and Charges Tariff Structure
Authority: Public
Utilities Article, §§1–101(b), (f), and (k), 7–306(f)(5) and (h),
7–306.2(d)(3), 7–507(a), 7–510(f) and 7–510.3, Annotated Code of Maryland
.01 Scope.
This chapter applies to the
rates, fees, and charges that a CCA may charge electric distribution customers
within the county.
.02 Permitted Fees, Taxes,
and Charges.
A CCA or its designated
agents may not assess any fee, tax, or other charge bundled into the
aggregation charges or rates billed to CCA customers that is not related to the
cost of:
A. Providing electricity
supply and electricity supply service, including service from a generating
station owned by the CCA;
B. Promoting the use of
renewable energy;
C. Promoting electric company
energy efficiency programs for electric companies within the county such that:
(1) Any promotion shall be
conducted in consultation with the electric company and the Department of
Housing and Community Development; and
(2) The county may not
promote electric company energy efficiency programs not approved by the
Commission; or
D. Providing and promoting
programs supplemental to programs permitted in §C(2) of this regulation.
.03 Description of
Non-Commodity Charges and Rates.
A CCA shall separately state
any components of bundled charges or rates permitted by Regulation .02 of this
chapter as a separate line item in its published terms and conditions of service.
.04 Separate Billing of
Non-Bundled Charges.
A CCA may not send a separate
bill to a customer for the same costs the electric company purchases from the
CCA, per COMAR 20.63.05.
20.63.15 Data Exchange
Authority: Public
Utilities Article, §§1–101(b), (f), and (k), 7–306(f)(5) and (h),
7–306.2(d)(3), 7–507(a), 7–510(f) and 7–510.3, Annotated Code of Maryland
.01 Scope.
This chapter applies to
enrollment transactions and data exchanged between an electric distribution
company and a CCA or its designated agents.
.02 Standards.
For all data exchanges aside
from exchanges using Maryland standard electronic data exchange, per COMAR
20.53.01.03, electric companies and a CCA shall mutually agree upon a
standardized approach subject to Commission approval.
.03 Cybersecurity.
CCA and electric companies
shall maintain the exchange of data in a manner consistent with good cybersecurity
practice.
.04 Electric Company
Instructions.
A. An electric company shall
provide a CCA with written instructions on how to access, via the approved
Commission methods, the customer lists and other information provided under
this chapter.
B. An electric company may
provide data exchange procedures for CCAs via tariff.
.05 Operating Procedures.
A CCA shall comply with
directions provided by an electric company regarding transmission and security
of customer data.
20.63.16 Data Privacy
Authority: Public
Utilities Article, §§1–101(b), (f), and (k), 7–306(f)(5) and (h),
7–306.2(d)(3), 7–507(a), 7–510(f) and 7–510.3, Annotated Code of Maryland
.01 Scope.
This chapter applies to
electricity supply services that a CCA or its designated agents provide to
residential and small commercial electric customers.
.02 Good Cybersecurity
Practice.
All CCAs shall follow good
cybersecurity practice.
.03 Cybersecurity Plans.
As part of its Aggregation Plan,
as described in COMAR 20.63.11.02, the CCA shall submit to the Commission a
proposed cybersecurity plan, including:
A. Cybersecurity-related
governance, risk management, procurement practices, personnel hiring, training
policies, situational awareness, response, recovery, and transparent reporting of
cybersecurity incidents to State and federal entities;
B. How the CCA will inform
the Commission of a cybersecurity breach; and
C. An explanation of the
application of the county’s cybersecurity plan, policies, procedures, and
support to the CCA, if applicable.
.04 Disclosure of Customer
Information.
A. A CCA or its Aggregation Supplier may not disclose
customer information provided to the CCA or its Aggregation
Suppliers by the electric company or collected from the customer as part
of the CCA, including a customer’s billing, payment, enrollment, and credit
information, to an entity other than the electric company without the customer’s
written or electronic consent, except that a CCA may disclose a customer’s
billing, payment, enrollment, and credit information but only if necessary to
facilitate billing, bill collection, enrollment, or credit reporting.
B. A CCA shall provide, upon
request of the customer, a copy of the CCA’s customer information privacy
policy via the CCA website or by mail.
C. The Aggregation
Supplier shall protect
all customer information when it ceases to be the CCA’s Aggregation Supplier or
the CCA is terminated, and the Aggregation Supplier may not use for marketing
purposes any information obtained as the Aggregation Supplier once it ceases to
be the Aggregation Supplier.
20.63.17 Transition to CCA
from SOS
Authority: Public
Utilities Article, §§1–101(b), (f), and (k), 7–306(f)(5) and (h),
7–306.2(d)(3), 7–507(a), 7–510(f) and 7–510.3, Annotated Code of Maryland
.01 Scope.
This regulation addresses the
initial transition of customers in Montgomery County from SOS to CCA default
service.
.02 Transition Schedule.
A. A CCA shall follow the CCA
Transition Schedule approved by the Commission.
B. A CCA may not transmit
enrollment transactions for CCA Basic Service to an electric company prior to
the start date of the CCA Transition Schedule approved by the Commission.
C. A CCA shall complete the
initial transmission of enrollment transactions of customer accounts to the
electric company in the amount of time allowed by the CCA Transition Schedule
approved by the Commission.
D. For customers that were
not enrolled by the CCA during the initial Commission-approved transition
period, the CCA may enroll these customers according to the transfers of
service permitted by COMAR 20.63.04.02.
E. 10 days prior to the start
of the CCA transition period, a CCA shall advise each electric company of the
number of residential and small commercial accounts which the CCA expects to transfer
from SOS according to the approved transition schedule.
F. An electric company shall
establish a means to communicate regarding the daily transfer of accounts from
SOS to CCA service to assure a smooth transition from SOS to CCA service during
the transition schedule.
.03 Transition Reporting.
A. A CCA shall prepare, for
each impacted electric company, a report filed with the Public Service
Commission as soon as possible, but no later than 30 calendar days after the
end of the approved CCA Transition Schedule.
B. Each impacted electric
company shall assist the CCA to the extent requested by the CCA.
C. The report described in §A
shall include:
(1) A tabulation of the
number and type of customer accounts that have been enrolled in CCA service;
(2) A description of
differences in the transition from SOS to CCA service from the approved Aggregation
Plan transition period;
(3) A summary of enrollment
errors, if any, and the status of correction and mitigation of errors;
(4) A description of any
outstanding issues from the transition requiring immediate Commission
attention; and
(5) Recommended actions, if
any.
20.63.18 Recovery of
Uncollectible SOS Expense from CCA Customers
Authority: Public
Utilities Article, §§1–101(b), (f), and (k), 7–306(f)(5) and (h),
7–306.2(d)(3), 7–507(a), 7–510(f) and 7–510.3, Annotated Code of Maryland.
.01 Scope.
This chapter addresses
possible Commission allocation of SOS uncollectible costs to CCA customers, per
Public Utilities Article, §7-510.3(p), Annotated Code of Maryland.
.02 Identification of
Delinquent Accounts Receivable Attributable to CCA Customers at the CCA Start
of Service.
No later than 90 days prior
to the date established by the Commission to begin enrollment of customers in a
CCA, an electric company shall calculate and file with the Commission the
following relating to a transfer of the electric company’s customers from SOS
to the CCA:
A. An estimate of the amount
of SOS uncollectible expense which would be attributable to all residential and
small commercial SOS customers in the county at the start of CCA service.
B. An estimate of the change
in the SOS administrative charge or other charges used to recover SOS
uncollectible expense based on a range of expected numbers of accounts that
would transfer to the CCA from SOS service.
C. A proposed allocation or
assignment to the CCA of the estimated SOS uncollectible expense identified in
§A of this regulation, which would, if the change in SOS administrative charges
materially adversely impacts the cost of providing SOS, mitigate the change in
SOS administrative charges identified in §B of this regulation.
.03 Recovery of CCA
Uncollectible Expense.
A. An electric utility shall
propose to the Commission a tariff provision that establishes a means to
recover the estimated SOS uncollectible expense proposed in Regulation .01 of
this chapter.
B. An electric utility shall
propose the recovery of CCA uncollectible expense as part of a discount rate
tariff that is used for purchased receivables for a CCA using utility
consolidated billing to be recovered over a 12-month period following
enrollment of customers in the CCA or as otherwise accepted by the Commission.
C. An electric utility may
propose an alternate tariff method of recovery of CCA uncollectible expense for
a CCA using other billing methods.
20.63.19 SOS Risk Mitigation
and Pilot Annual Reporting
Authority: Public Utilities Article, §§1–101(b), (f), and
(k), 7–306(f)(5) and (h), 7–306.2(d)(3), 7–507(a), 7–510(f) and 7–510.3,
Annotated Code of Maryland
.01 Scope.
This regulation addresses the
responsibilities of a county serving as a CCA to monitor and mitigate the risks
to SOS from the potential for customers to migrate from CCA service to SOS.
.02 CCA Monthly Reporting.
A CCA shall, on a monthly
basis, monitor and file with the Commission, and file copies in all Commission
dockets pertaining to the SOS Procurement Improvement Process and Community Choice
Aggregation, the following data on a calendar monthly basis beginning with the
data for the second month after the start of the transition of accounts to CCA
service, and the filing shall include:
A. The number of accounts
enrolled in CCA service, broken down by electric company rate class and
electric company service territory;
B. The number of accounts
which leave CCA service each month
broken down by electric company rate class and electric company service
territory;
C. Rates, charges, and fees
for each service option provided by the CCA for each electric company service
area;
D. The renewable energy
content for each service option provided by the CCA for each electric company
service area;
E. Monthly total enrollment
for each service option provided by the CCA for each electric company service
area;
F. Summary of customer
complaints received by the CCA;
G. Explanation of anticipated
changes in service offerings;
H. Summary of CCA procurement
by electric company service area; and
I. Explanation of anticipated
changes in CCA procurement.
.03 Risk Mitigation
Monitoring.
As soon as practicable, but
in no circumstance more than 30 days after the CCA becomes aware of the
information requiring notification under this regulation, if the CCA determines that sufficient
migration may occur that would trigger detrimental SOS procurement changes
prior to or during the next SOS procurement cycle or subsequent SOS procurement
cycles, the CCA shall:
A. Notify the Commission, the
Procurement Improvement Process Workgroup, the electric companies serving
accounts in Montgomery County, and other interested parties;
B. Consult with the
Commission staff, the electric companies serving accounts in Montgomery County,
the Office of People’s Counsel, and Prince George’s County; and
C. Recommend to the
Commission a course of action to mitigate detrimental impact to SOS service or
SOS customers.
.04 Risk Mitigation.
A. The CCA shall employ
measures to mitigate price volatility for CCA customers, as referenced in the
CCA’s Aggregation Plan.
B. The CCA shall employ
measures to mitigate the risk of Aggregation Suppliers’ or other suppliers’
failure to provide contracted services, as referenced in the CCA’s Aggregation
Plan.
.05 Pilot Annual Reporting.
A. The purpose of this
regulation is to provide necessary data for annual reporting of the Community
Choice Energy Workgroup.
B. The CCA shall provide the
following information to the Commission on or before August 1 of each year that
the CCA provides supply service in the county, and the filing shall include:
(1) Rates, charges, and fees
for each service option provided by the CCA for 12 months prior to June 1 of
that year for each electric company service area;
(2) The renewable energy
content for each service option provided by the CCA for 12 months prior to June
1 of that year for each electric company service area;
(3) Monthly total enrollment
for each service option provided by the CCA for 12 months prior to June 1 of
that year for each electric company service area;
(4) Summary of customer
complaints received by the CCA for 12 months prior to June 1 of that year;
(5) Explanation of
anticipated changes in service offerings over the next 12 months;
(6) Summary of CCA
procurement by electric company service area over the past 12 months; and
(7) Explanation of
anticipated changes in CCA procurement over the next 12 months.
20.63.20 CCA Coordination
Tariff
Authority: Public
Utilities Article, §§1–101(b), (f), and (k), 7–306(f)(5) and (h),
7–306.2(d)(3), 7–507(a), 7–510(f) and 7–510.3, Annotated Code of Maryland
.01 Scope.
This chapter applies to the
use by electric companies of a tariff to govern the requirements for a county
serving as a CCA, Aggregation Suppliers, or agents thereof.
.02 Tariffs.
A. Introduction of a CCA
Coordination Tariff.
(1) An electric company
serving customers within Montgomery County shall, within 60 days after the
Commission adopts the regulations for final publication, file with the
Commission proposed tariff language to address the electric company’s interactions
with a CCA for the duration of the Pilot.
(2) An electric company may
incorporate the tariff provisions required by this chapter in the company’s
existing Electricity Supplier Coordination Tariff.
(3) Each electric company
serving accounts in Montgomery County shall coordinate with the other electric
companies serving accounts in Montgomery County to propose consistent tariff
provisions.
B. An electric company shall
include at least the following terms and conditions in its tariff for CCA
interactions:
(1) Billing and payment
collection;
(2) Dispute resolution;
(3) Financial settlement;
(4) Losses;
(5) Metering services;
(6) PJM interconnection
requirements;
(7) Scheduling; and
(8) Utility charges.
.03 Pilot Cost Recovery.
A. Updates to CCA Uncollected
Cost Recovery Methods.
(1) An electric company shall
continuously track a CCA’s uncollectible expense, as described in COMAR 20.63.18
for the duration of the Pilot.
(2) An electric company shall
file revised tariffs for CCA uncollectible expense recovery at least annually.
B. Pilot Administrative
Expense Recovery. In addition to those required by §A of this regulation, an
electric company shall propose to the Commission a tariff provision that
establishes a means to recover the following estimated expenses attributable to
the CCA:
(1) Cash working capital component.
(2) Program development cost component.
(3) Purchase of receivable risk
component.
C. Purchase of Receivables
Discount Rates.
(1) An electric company shall
propose the recovery of administrative expense required by §B of this
regulation as part of a discount rate tariff that is used for purchased
receivables for a CCA using utility consolidated billing.
(2) An electric company shall
continuously track a CCA’s administrative expense, as described in §B of this
regulation for the duration of the Pilot.
(3) An electric company shall
file revised tariffs for CCA administrative expense recovery at least annually.
D. An electric company may
propose tariff language to establish a method that is different than §C of this
regulation for recovery of CCA administrative expense for a CCA.
E. All Commission-approved
CCA-related costs incurred by an electric company shall be recovered from the
CCA through tariff provisions, per §§B—D of this regulation.
F. An electric company may
propose costs related to the Pilot in addition to those listed in §§A and B of
this regulation for recovery via the methods described in §C or D of this
regulation.
ANDREW S. JOHNSTON
Executive Secretary
Title 21
STATE PROCUREMENT REGULATIONS
Subtitle 11 SOCIOECONOMIC POLICIES
21.11.11 Prevailing
Wage—Contracts for Public Works
Authority: State Finance and Procurement Article, §§17-204(a) and
17-221, Annotated Code of Maryland
Notice of Proposed Action
[23-247-P]
The Commissioner of Labor and Industry proposes to repeal existing
Regulation .07 and recodify existing
Regulations .08 and .09 to be Regulations .07 and .08 under COMAR 21.11.11
Prevailing Wage—Contracts for Public Works.
Statement of Purpose
The purpose of this action is to repeal the regulation regarding
the provisions of Ch. 49 (S.B. 1), Acts of 2022, authorizing the Commissioner
to issue a stop work order to a contractor or subcontractor on a public works
project that may have violated the State's Prevailing Wage Law.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to Mischelle F Vanreusel, Deputy Commissioner
Labor and Industry, Division of Labor and Industry, 10946 Golden West Drive,
Suite 160, Hunt Valley, MD 21031, or call 410-767-2225, or email to dli.regulations+PW@maryland.gov.
Comments will be accepted through December 18, 2023. A public hearing has not
been scheduled.
DEVKI K. VIRK
Commissioner of Labor and
Industry
Title 26
DEPARTMENT OF ENVIRONMENT
Subtitle 08 WATER POLLUTION
26.08.02 Water Quality
Authority: Environment Article, §§9-303.1, 9-313―9-316, 9-319,
9-320―
9-325, 9-327, and 9-328, Annotated Code of Maryland
Notice of Proposed Action
[23-221-P]
The Secretary of the Environment proposes to amend Regulation .03-2 under COMAR 26.08.02 Water Quality.
Statement of Purpose
The purpose of this action is to make corrections to COMAR
26.08.02.03-2. The Department updated freshwater aquatic life water quality
criteria for ammonia in the recent Triennial Review. Upon conducting a review
of COMAR following the recent Triennial Review and regulation revision, it was
found that three reference tables for chronic ammonia criteria values and one
equation for calculating chronic ammonia criteria were incorrect. This
amendment proposes to replace these three reference tables and this single
equation with the correct versions as provided in EPA’s Aquatic Life Ambient
Water Quality Criteria for Ammonia — Freshwater 2013.
Additionally, the Department proposes to add a footnote to Table 6
under §G of this same regulation (COMAR 26.08.02.03-2) to more directly
indicate the effect of pH on PCP toxicity. The Department also proposes a text
correction in §F of this same regulation.
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed revisions to
the ammonia criteria will have slight economic impacts to the State agencies,
local governments, the regulated industry, and the general public. Impacts to
the issuing agency and to local approval authorities are minimal as no
additional staffing is needed to implement the proposed changes. The economic
impact on the regulated community will be moderate in most cases because the
compliance trigger will require a mussel study in streams which are extremely
unlikely to provide mussel habitat. The
cost of conducting a mussel survey is a function of the size of the stream and
the length of stream being surveyed and will range from $500 to $6,000. The
proposed revisions to Designated Use Class and Antidegradation Policy will have
minimal economic impacts to the regulated community. The general public will
benefit from the continued protection of high-quality waters and those waters
that support cold water obligate species such as brown trout. The economic
impact is outweighed as the general public will benefit from cleaner streams,
healthier aquatic life communities, and better environmental protections.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
NONE
|
|
|
B. On other State agencies:
|
NONE
|
|
|
C. On local governments:
|
|
|
|
Municipal wastewater utilities
|
(E+)
|
Moderate
|
|
|
|
|
|
|
Benefit
(+)
Cost
(-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
NONE
|
|
|
E. On other industries or
trade groups:
|
NONE
|
|
|
F. Direct and indirect
effects on public:
|
NONE
|
|
III. Assumptions. (Identified by Impact Letter and Number from
Section II.)
C(1). The economic impact on the regulated community will be
moderate in most cases because the compliance trigger will require a mussel
study in streams which are extremely unlikely to provide mussel habitat. The
cost of conducting a mussel survey is a function of the size of the stream and
the length of stream being surveyed and will range from $500 to $6,000.
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 Melinda Cutler, Natural Resources Planner
of the Watershed Protection, Restoration, and Planning Program, Department of the
Environment, Water and Science Administration, 1800 Washington Boulevard,
Baltimore, MD 21230-1720, by telephone at 410-537-3958 or by email at melinda.cutler@maryland.gov.
Comments must be received by 5 p.m. on December 22, 2023. The Department of the
Environment will hold a virtual public hearing on the proposed action on
December 13, 2023, at 3 p.m. Interested persons are invited to attend and
express their views. See the Department’s website for virtual hearing
information, https://mde.maryland.gov/programs/Regulations/water/Pages/reqcomments.aspx.
For more information, contact Ms. Cutler by telephone or email.
.03-2 Numerical Criteria for Toxic Substances in Surface Waters.
A.—C. (text unchanged)
D. The toxicity of certain substances in Tables 1 and [4]
6 of §G of this regulation is increased or decreased by hardness or pH.
For these toxic substances:
(1)—(4) (text unchanged)
E. (text unchanged)
F. Acute and chronic numeric toxic substance criteria for fresh, estuarine,
and salt water aquatic life protection and for human health protection are shown
in Tables 1—[4] 6 of §G. For the instream application of the
acute and chronic criteria for the protection of aquatic life in Tables 1—[4]
6 of §G of this regulation:
(1)—(3) (text unchanged)
G. Tables of Ambient Water Quality Criteria.
(1)—(5) (text unchanged)
(6) Table 6. Toxic Substances for Ambient Water Quality Criteria — Pesticides
and Chlorinated Compounds.
|
Substance
|
CAS#
|
Aquatic Life
(μg/L)
|
Human Health for
Consumption of:
|
|
Fresh Water
|
Salt Water
|
Drinking Water
+
Organism
(μg/L)
|
Organism
Only
(μg/L)
|
Drinking
Water
MCL
(mg/L)
|
|
Acute
|
Chronic
|
Acute
|
Chronic
|
|
2, 3, 7, 8-TCDD (Dioxin)
— Pentachlorobenzene
|
(text unchanged)
|
|
Pentachlorophenol
(PCP)1
|
87865
|
19
|
15
|
13
|
7.9
|
2.7a
|
30a
|
0.001
|
1The freshwater aquatic
life criteria for PCP are expressed as a function of pH. Refer to §D of this regulation.
a Criterion is based on a carcinogenic
risk level of 10-5.
* Drinking water MCLs apply to Public
Water Supply designated waters only.
H. (text unchanged)
I. Chronic Numeric Toxic Substance Criteria for Ammonia, Expressed as
a 30-day Average, for the Protection of Fresh Water Aquatic Life.
(1)—(4) (text unchanged)
(5) Table 1. Chronic Ammonia Criteria for Waters Where Freshwater Fish
Early Life Stages May Be Present (milligrams of nitrogen per liter).1.
(existing table proposed for repeal)
|
Temperature (℃)
|
|
pH
|
7
|
8
|
9
|
10
|
11
|
12
|
13
|
14
|
15
|
16
|
17
|
18
|
19
|
20
|
21
|
22
|
23
|
24
|
25
|
26
|
27
|
28
|
29
|
30
|
|
6.5
|
4.92
|
4.61
|
4.33
|
4.06
|
3.80
|
3.57
|
3.34
|
3.13
|
2.94
|
2.75
|
2.58
|
2.42
|
2.27
|
2.13
|
2.00
|
1.87
|
1.75
|
1.64
|
1.54
|
1.45
|
1.36
|
1.27
|
1.19
|
1.12
|
|
6.6
|
4.85
|
4.54
|
4.26
|
3.99
|
3.75
|
3.51
|
3.29
|
3.09
|
2.89
|
2.71
|
2.54
|
2.38
|
2.24
|
2.10
|
1.97
|
1.84
|
1.73
|
1.62
|
1.52
|
1.42
|
1.33
|
1.25
|
1.17
|
1.10
|
|
6.7
|
4.76
|
4.46
|
4.18
|
3.92
|
3.68
|
3.45
|
3.23
|
3.03
|
2.84
|
2.66
|
2.50
|
2.34
|
2.19
|
2.06
|
1.93
|
1.81
|
1.70
|
1.59
|
1.49
|
1.40
|
1.31
|
1.23
|
1.15
|
1.08
|
|
6.8
|
4.65
|
4.36
|
4.08
|
3.83
|
3.59
|
3.37
|
3.16
|
2.96
|
2.77
|
2.60
|
2.44
|
2.29
|
2.14
|
2.01
|
1.88
|
1.77
|
1.66
|
1.55
|
1.46
|
1.37
|
1.28
|
1.20
|
1.13
|
1.05
|
|
6.9
|
4.52
|
4.23
|
3.97
|
3.72
|
3.49
|
3.27
|
3.07
|
2.88
|
2.70
|
2.53
|
2.37
|
2.22
|
2.08
|
1.95
|
1.83
|
1.72
|
1.61
|
1.51
|
1.42
|
1.33
|
1.24
|
1.17
|
1.09
|
1.03
|
|
7
|
4.36
|
4.09
|
3.84
|
3.60
|
3.37
|
3.16
|
2.96
|
2.78
|
2.60
|
2.44
|
2.29
|
2.15
|
2.01
|
1.89
|
1.77
|
1.66
|
1.56
|
1.46
|
1.37
|
1.28
|
1.20
|
1.13
|
1.06
|
0.99
|
|
7.1
|
4.18
|
3.92
|
3.68
|
3.45
|
3.23
|
3.03
|
2.84
|
2.66
|
2.50
|
2.34
|
2.20
|
2.06
|
1.93
|
1.81
|
1.70
|
1.59
|
1.49
|
1.40
|
1.31
|
1.23
|
1.15
|
1.08
|
1.01
|
0.95
|
|
7.2
|
3.98
|
3.73
|
3.50
|
3.28
|
3.07
|
2.88
|
2.70
|
2.53
|
2.38
|
2.23
|
2.09
|
1.96
|
1.84
|
1.72
|
1.61
|
1.51
|
1.42
|
1.33
|
1.25
|
1.17
|
1.10
|
1.03
|
0.96
|
0.90
|
|
7.3
|
3.75
|
3.51
|
3.29
|
3.09
|
2.90
|
2.72
|
2.55
|
2.39
|
2.24
|
2.10
|
1.97
|
1.84
|
1.73
|
1.62
|
1.52
|
1.43
|
1.34
|
1.25
|
1.17
|
1.10
|
1.03
|
0.97
|
0.91
|
0.85
|
|
7.4
|
3.49
|
3.28
|
3.07
|
2.88
|
2.70
|
2.53
|
2.37
|
2.23
|
2.09
|
1.96
|
1.83
|
1.72
|
1.61
|
1.51
|
1.42
|
1.33
|
1.25
|
1.17
|
1.10
|
1.03
|
0.96
|
0.90
|
0.85
|
0.79
|
|
7.5
|
3.22
|
3.02
|
2.83
|
2.66
|
2.49
|
2.33
|
2.19
|
2.05
|
1.92
|
1.80
|
1.69
|
1.59
|
1.49
|
1.39
|
1.31
|
1.22
|
1.15
|
1.08
|
1.01
|
0.95
|
0.89
|
0.83
|
0.78
|
0.73
|
|
7.6
|
2.94
|
2.75
|
2.58
|
2.42
|
2.27
|
2.13
|
1.99
|
1.87
|
1.75
|
1.64
|
1.54
|
1.44
|
1.35
|
1.27
|
1.19
|
1.12
|
1.05
|
0.98
|
0.92
|
0.86
|
0.81
|
0.76
|
0.71
|
0.67
|
|
7.7
|
2.64
|
2.48
|
2.32
|
2.18
|
2.04
|
1.91
|
1.79
|
1.68
|
1.58
|
1.48
|
1.39
|
1.30
|
1.22
|
1.14
|
1.07
|
1.00
|
0.94
|
0.88
|
0.83
|
0.78
|
0.73
|
0.68
|
0.64
|
0.60
|
|
7.8
|
2.35
|
2.20
|
2.07
|
1.94
|
1.82
|
1.70
|
1.60
|
1.50
|
1.40
|
1.32
|
1.23
|
1.16
|
1.08
|
1.02
|
0.95
|
0.89
|
0.84
|
0.79
|
0.74
|
0.69
|
0.65
|
0.61
|
0.57
|
0.53
|
|
7.9
|
2.07
|
1.94
|
1.82
|
1.70
|
1.60
|
1.50
|
1.40
|
1.32
|
1.23
|
1.16
|
1.08
|
1.02
|
0.95
|
0.89
|
0.84
|
0.79
|
0.74
|
0.69
|
0.65
|
0.61
|
0.57
|
0.53
|
0.50
|
0.47
|
|
8
|
1.80
|
1.68
|
1.58
|
1.48
|
1.39
|
1.30
|
1.22
|
1.14
|
1.07
|
1.01
|
0.94
|
0.88
|
0.83
|
0.78
|
0.73
|
0.68
|
0.64
|
0.60
|
0.56
|
0.53
|
0.49
|
0.46
|
0.43
|
0.41
|
|
8.1
|
1.55
|
1.45
|
1.36
|
1.28
|
1.20
|
1.12
|
1.05
|
0.99
|
0.92
|
0.87
|
0.81
|
0.76
|
0.71
|
0.67
|
0.63
|
0.59
|
0.55
|
0.52
|
0.49
|
0.45
|
0.43
|
0.40
|
0.37
|
0.35
|
|
8.2
|
1.32
|
1.24
|
1.16
|
1.09
|
1.02
|
0.96
|
0.90
|
0.84
|
0.79
|
0.74
|
0.69
|
0.65
|
0.61
|
0.57
|
0.54
|
0.50
|
0.47
|
0.44
|
0.41
|
0.39
|
0.36
|
0.34
|
0.32
|
0.30
|
|
8.3
|
1.13
|
1.05
|
0.99
|
0.93
|
0.87
|
0.82
|
0.76
|
0.72
|
0.67
|
0.63
|
0.59
|
0.55
|
0.52
|
0.49
|
0.46
|
0.43
|
0.40
|
0.38
|
0.35
|
0.33
|
0.31
|
0.29
|
0.27
|
0.26
|
|
8.4
|
0.95
|
0.89
|
0.84
|
0.78
|
0.74
|
0.69
|
0.65
|
0.61
|
0.57
|
0.53
|
0.50
|
0.47
|
0.44
|
0.41
|
0.39
|
0.36
|
0.34
|
0.32
|
0.30
|
0.28
|
0.26
|
0.25
|
0.23
|
0.22
|
|
8.5
|
0.80
|
0.75
|
0.71
|
0.66
|
0.62
|
0.58
|
0.55
|
0.51
|
0.48
|
0.45
|
0.42
|
0.40
|
0.37
|
0.35
|
0.33
|
0.31
|
0.29
|
0.27
|
0.25
|
0.24
|
0.22
|
0.21
|
0.19
|
0.18
|
|
8.6
|
0.68
|
0.64
|
0.60
|
0.56
|
0.52
|
0.49
|
0.46
|
0.43
|
0.41
|
0.38
|
0.36
|
0.33
|
0.31
|
0.29
|
0.28
|
0.26
|
0.24
|
0.23
|
0.21
|
0.20
|
0.19
|
0.18
|
0.16
|
0.15
|
|
8.7
|
0.57
|
0.54
|
0.50
|
0.47
|
0.44
|
0.42
|
0.39
|
0.37
|
0.34
|
0.32
|
0.30
|
0.28
|
0.27
|
0.25
|
0.23
|
0.22
|
0.20
|
0.19
|
0.18
|
0.17
|
0.16
|
0.15
|
0.14
|
0.13
|
|
8.8
|
0.49
|
0.46
|
0.43
|
0.40
|
0.38
|
0.35
|
0.33
|
0.31
|
0.29
|
0.27
|
0.26
|
0.24
|
0.23
|
0.21
|
0.20
|
0.19
|
0.17
|
0.16
|
0.15
|
0.14
|
0.13
|
0.13
|
0.12
|
0.11
|
|
8.9
|
0.42
|
0.39
|
0.37
|
0.34
|
0.32
|
0.30
|
0.28
|
0.27
|
0.25
|
0.23
|
0.22
|
0.21
|
0.19
|
0.18
|
0.17
|
0.16
|
0.15
|
0.14
|
0.13
|
0.12
|
0.11
|
0.11
|
0.10
|
0.09
|
|
9
|
0.36
|
0.34
|
0.32
|
0.30
|
0.28
|
0.26
|
0.24
|
0.23
|
0.21
|
0.20
|
0.19
|
0.18
|
0.17
|
0.16
|
0.15
|
0.14
|
0.13
|
0.12
|
0.11
|
0.11
|
0.10
|
0.09
|
0.09
|
0.08
|
1 The freshwater chronic water
quality criteria for total ammonia where fish early life stages may be present were
calculated using the following equation, which may also be used to calculate unlisted
values:
Freshwater chronic water quality criterion for ammonia (fish
early life stages present) =
[
]
[Where MIN indicates the
lesser of the two values separated by a comma.] Where MAX indicates the
greater of the two values separated by a comma.
(6) Table 2. Chronic Ammonia Criteria for Waters Where Freshwater
Fish Early Life Stages Are Present and Freshwater mussels are absent
(milligrams of nitrogen per liter). 1
(existing table proposed for repeal)
|
Temperature (℃)
|
|
pH
|
7
|
8
|
9
|
10
|
11
|
12
|
13
|
14
|
15
|
16
|
17
|
18
|
19
|
20
|
21
|
22
|
23
|
24
|
25
|
26
|
27
|
28
|
29
|
30
|
|
6.5
|
7.34
|
7.34
|
7.34
|
7.34
|
7.34
|
7.34
|
7.34
|
7.34
|
7.34
|
7.34
|
7.34
|
7.34
|
7.34
|
7.34
|
7.34
|
7.04
|
6.60
|
6.19
|
5.80
|
5.44
|
5.10
|
4.78
|
4.48
|
4.20
|
|
6.6
|
7.23
|
7.23
|
7.23
|
7.23
|
7.23
|
7.23
|
7.23
|
7.23
|
7.23
|
7.23
|
7.23
|
7.23
|
7.23
|
7.23
|
7.23
|
6.93
|
6.50
|
6.09
|
5.71
|
5.36
|
5.02
|
4.71
|
4.41
|
4.14
|
|
6.7
|
7.10
|
7.10
|
7.10
|
7.10
|
7.10
|
7.10
|
7.10
|
7.10
|
7.10
|
7.10
|
7.10
|
7.10
|
7.10
|
7.10
|
7.10
|
6.80
|
6.38
|
5.98
|
5.61
|
5.26
|
4.93
|
4.62
|
4.33
|
4.06
|
|
6.8
|
6.93
|
6.93
|
6.93
|
6.93
|
6.93
|
6.93
|
6.93
|
6.93
|
6.93
|
6.93
|
6.93
|
6.93
|
6.93
|
6.93
|
6.93
|
6.65
|
6.23
|
5.84
|
5.48
|
5.14
|
4.81
|
4.51
|
4.23
|
3.97
|
|
6.9
|
6.74
|
6.74
|
6.74
|
6.74
|
6.74
|
6.74
|
6.74
|
6.74
|
6.74
|
6.74
|
6.74
|
6.74
|
6.74
|
6.74
|
6.74
|
6.46
|
6.06
|
5.68
|
5.32
|
4.99
|
4.68
|
4.39
|
4.11
|
3.86
|
|
7
|
6.51
|
6.51
|
6.51
|
6.51
|
6.51
|
6.51
|
6.51
|
6.51
|
6.51
|
6.51
|
6.51
|
6.51
|
6.51
|
6.51
|
6.51
|
6.24
|
5.85
|
5.48
|
5.14
|
4.82
|
4.52
|
4.24
|
3.97
|
3.73
|
|
7.1
|
6.24
|
6.24
|
6.24
|
6.24
|
6.24
|
6.24
|
6.24
|
6.24
|
6.24
|
6.24
|
6.24
|
6.24
|
6.24
|
6.24
|
6.24
|
5.98
|
5.61
|
5.26
|
4.93
|
4.62
|
4.33
|
4.06
|
3.81
|
3.57
|
|
7.2
|
5.94
|
5.94
|
5.94
|
5.94
|
5.94
|
5.94
|
5.94
|
5.94
|
5.94
|
5.94
|
5.94
|
5.94
|
5.94
|
5.94
|
5.94
|
5.69
|
5.33
|
5.00
|
4.69
|
4.40
|
4.12
|
3.86
|
3.62
|
3.40
|
|
7.3
|
5.59
|
5.59
|
5.59
|
5.59
|
5.59
|
5.59
|
5.59
|
5.59
|
5.59
|
5.59
|
5.59
|
5.59
|
5.59
|
5.59
|
5.59
|
5.36
|
5.03
|
4.71
|
4.42
|
4.14
|
3.88
|
3.64
|
3.41
|
3.20
|
|
7.4
|
5.21
|
5.21
|
5.21
|
5.21
|
5.21
|
5.21
|
5.21
|
5.21
|
5.21
|
5.21
|
5.21
|
5.21
|
5.21
|
5.21
|
5.21
|
5.00
|
4.69
|
4.39
|
4.12
|
3.86
|
3.62
|
3.39
|
3.18
|
2.98
|
|
7.5
|
4.81
|
4.81
|
4.81
|
4.81
|
4.81
|
4.81
|
4.81
|
4.81
|
4.81
|
4.81
|
4.81
|
4.81
|
4.81
|
4.81
|
4.81
|
4.61
|
4.32
|
4.05
|
3.80
|
3.56
|
3.34
|
3.13
|
2.93
|
2.75
|
|
7.6
|
4.38
|
4.38
|
4.38
|
4.38
|
4.38
|
4.38
|
4.38
|
4.38
|
4.38
|
4.38
|
4.38
|
4.38
|
4.38
|
4.38
|
4.38
|
4.20
|
3.94
|
3.69
|
3.46
|
3.24
|
3.04
|
2.85
|
2.67
|
2.51
|
|
7.7
|
3.94
|
3.94
|
3.94
|
3.94
|
3.94
|
3.94
|
3.94
|
3.94
|
3.94
|
3.94
|
3.94
|
3.94
|
3.94
|
3.94
|
3.94
|
3.78
|
3.54
|
3.32
|
3.11
|
2.92
|
2.74
|
2.57
|
2.41
|
2.26
|
|
7.8
|
3.50
|
3.50
|
3.50
|
3.50
|
3.50
|
3.50
|
3.50
|
3.50
|
3.50
|
3.50
|
3.50
|
3.50
|
3.50
|
3.50
|
3.50
|
3.36
|
3.15
|
2.95
|
2.77
|
2.60
|
2.43
|
2.28
|
2.14
|
2.01
|
|
7.9
|
3.08
|
3.08
|
3.08
|
3.08
|
3.08
|
3.08
|
3.08
|
3.08
|
3.08
|
3.08
|
3.08
|
3.08
|
3.08
|
3.08
|
3.08
|
2.95
|
2.77
|
2.60
|
2.43
|
2.28
|
2.14
|
2.01
|
1.88
|
1.76
|
|
8
|
2.68
|
2.68
|
2.68
|
2.68
|
2.68
|
2.68
|
2.68
|
2.68
|
2.68
|
2.68
|
2.68
|
2.68
|
2.68
|
2.68
|
2.68
|
2.57
|
2.41
|
2.26
|
2.12
|
1.99
|
1.86
|
1.75
|
1.64
|
1.53
|
|
8.1
|
2.31
|
2.31
|
2.31
|
2.31
|
2.31
|
2.31
|
2.31
|
2.31
|
2.31
|
2.31
|
2.31
|
2.31
|
2.31
|
2.31
|
2.31
|
2.21
|
2.08
|
1.95
|
1.82
|
1.71
|
1.60
|
1.50
|
1.41
|
1.32
|
|
8.2
|
1.97
|
1.97
|
1.97
|
1.97
|
1.97
|
1.97
|
1.97
|
1.97
|
1.97
|
1.97
|
1.97
|
1.97
|
1.97
|
1.97
|
1.97
|
1.89
|
1.77
|
1.66
|
1.56
|
1.46
|
1.37
|
1.29
|
1.21
|
1.13
|
|
8.3
|
1.68
|
1.68
|
1.68
|
1.68
|
1.68
|
1.68
|
1.68
|
1.68
|
1.68
|
1.68
|
1.68
|
1.68
|
1.68
|
1.68
|
1.68
|
1.61
|
1.51
|
1.41
|
1.33
|
1.24
|
1.17
|
1.09
|
1.02
|
0.96
|
|
8.4
|
1.42
|
1.42
|
1.42
|
1.42
|
1.42
|
1.42
|
1.42
|
1.42
|
1.42
|
1.42
|
1.42
|
1.42
|
1.42
|
1.42
|
1.42
|
1.36
|
1.28
|
1.20
|
1.12
|
1.05
|
0.99
|
0.92
|
0.87
|
0.81
|
|
8.5
|
1.20
|
1.20
|
1.20
|
1.20
|
1.20
|
1.20
|
1.20
|
1.20
|
1.20
|
1.20
|
1.20
|
1.20
|
1.20
|
1.20
|
1.20
|
1.15
|
1.08
|
1.01
|
0.95
|
0.89
|
0.83
|
0.78
|
0.73
|
0.69
|
|
8.6
|
1.01
|
1.01
|
1.01
|
1.01
|
1.01
|
1.01
|
1.01
|
1.01
|
1.01
|
1.01
|
1.01
|
1.01
|
1.01
|
1.01
|
1.01
|
0.97
|
0.91
|
0.85
|
0.80
|
0.75
|
0.70
|
0.66
|
0.62
|
0.58
|
|
8.7
|
0.86
|
0.86
|
0.86
|
0.86
|
0.86
|
0.86
|
0.86
|
0.86
|
0.86
|
0.86
|
0.86
|
0.86
|
0.86
|
0.86
|
0.86
|
0.82
|
0.77
|
0.72
|
0.68
|
0.63
|
0.60
|
0.56
|
0.52
|
0.49
|
|
8.8
|
0.73
|
0.73
|
0.73
|
0.73
|
0.73
|
0.73
|
0.73
|
0.73
|
0.73
|
0.73
|
0.73
|
0.73
|
0.73
|
0.73
|
0.73
|
0.70
|
0.65
|
0.61
|
0.58
|
0.54
|
0.51
|
0.47
|
0.44
|
0.42
|
|
8.9
|
0.62
|
0.62
|
0.62
|
0.62
|
0.62
|
0.62
|
0.62
|
0.62
|
0.62
|
0.62
|
0.62
|
0.62
|
0.62
|
0.62
|
0.62
|
0.60
|
0.56
|
0.52
|
0.49
|
0.46
|
0.43
|
0.40
|
0.38
|
0.36
|
|
9
|
0.54
|
0.54
|
0.54
|
0.54
|
0.54
|
0.54
|
0.54
|
0.54
|
0.54
|
0.54
|
0.54
|
0.54
|
0.54
|
0.54
|
0.54
|
0.51
|
0.48
|
0.45
|
0.42
|
0.40
|
0.37
|
0.35
|
0.33
|
0.31
|
1The freshwater chronic water quality
criteria for total ammonia where fish early life stages are present but freshwater
mussels are absent were calculated using the following equation, which may also
be used to calculate unlisted values:
Freshwater chronic water quality criterion for ammonia (fish early
life stages present and freshwater mussels absent) =CCC=
Where MIN indicates the lesser of the two values separated by a
comma.
(7) Table 3. Chronic Ammonia Criteria
for Waters Where Freshwater Fish Early Life Stages Are Absent and Freshwater Mussels
Are Absent (milligrams of nitrogen per liter). 1
(existing table proposed for repeal)
|
Temperature (℃)
|
|
pH
|
7
|
8
|
9
|
10
|
11
|
12
|
13
|
14
|
15
|
16
|
17
|
18
|
19
|
20
|
21
|
22
|
23
|
24
|
25
|
26
|
27
|
28
|
29
|
30
|
|
6.5
|
18.5
|
17.4
|
16.3
|
15.3
|
14.3
|
13.4
|
12.6
|
11.8
|
11.1
|
10.4
|
9.72
|
9.11
|
8.54
|
8.01
|
7.51
|
7.04
|
6.60
|
6.19
|
5.80
|
5.44
|
5.10
|
4.78
|
4.48
|
4.20
|
|
6.6
|
18.2
|
17.1
|
16.0
|
15.0
|
14.1
|
13.2
|
12.4
|
11.6
|
10.9
|
10.2
|
9.57
|
8.97
|
8.41
|
7.89
|
7.39
|
6.93
|
6.50
|
6.09
|
5.71
|
5.36
|
5.02
|
4.71
|
4.41
|
4.14
|
|
6.7
|
17.9
|
16.8
|
15.7
|
14.7
|
13.8
|
13.0
|
12.2
|
11.4
|
10.7
|
10.0
|
9.39
|
8.80
|
8.25
|
7.74
|
7.25
|
6.80
|
6.38
|
5.98
|
5.61
|
5.26
|
4.93
|
4.62
|
4.33
|
4.06
|
|
6.8
|
17.5
|
16.4
|
15.4
|
14.4
|
13.5
|
12.7
|
11.9
|
11.1
|
10.4
|
9.78
|
9.17
|
8.60
|
8.06
|
7.56
|
7.09
|
6.65
|
6.23
|
5.84
|
5.48
|
5.14
|
4.81
|
4.51
|
4.23
|
3.97
|
|
6.9
|
17.0
|
15.9
|
14.9
|
14.0
|
13.1
|
12.3
|
11.5
|
10.8
|
10.1
|
9.51
|
8.92
|
8.36
|
7.84
|
7.35
|
6.89
|
6.46
|
6.06
|
5.68
|
5.32
|
4.99
|
4.68
|
4.39
|
4.11
|
3.86
|
|
7
|
16.4
|
15.4
|
14.4
|
13.5
|
12.7
|
11.9
|
11.1
|
10.5
|
9.80
|
9.19
|
8.61
|
8.07
|
7.57
|
7.10
|
6.65
|
6.24
|
5.85
|
5.48
|
5.14
|
4.82
|
4.52
|
4.24
|
3.97
|
3.73
|
|
7.1
|
15.7
|
14.8
|
13.8
|
13.0
|
12.2
|
11.4
|
10.7
|
10.0
|
9.40
|
8.81
|
8.26
|
7.74
|
7.26
|
6.81
|
6.38
|
5.98
|
5.61
|
5.26
|
4.93
|
4.62
|
4.33
|
4.06
|
3.81
|
3.57
|
|
7.2
|
15.0
|
14.0
|
13.2
|
12.3
|
11.6
|
10.8
|
10.2
|
9.53
|
8.94
|
8.38
|
7.85
|
7.36
|
6.90
|
6.47
|
6.07
|
5.69
|
5.33
|
5.00
|
4.69
|
4.40
|
4.12
|
3.86
|
3.62
|
3.40
|
|
7.3
|
14.1
|
13.2
|
12.4
|
11.6
|
10.9
|
10.2
|
9.58
|
8.98
|
8.42
|
7.89
|
7.40
|
6.94
|
6.50
|
6.10
|
5.72
|
5.36
|
5.03
|
4.71
|
4.42
|
4.14
|
3.88
|
3.64
|
3.41
|
3.20
|
|
7.4
|
13.1
|
12.3
|
11.6
|
10.8
|
10.2
|
9.52
|
8.93
|
8.37
|
7.85
|
7.36
|
6.90
|
6.47
|
6.06
|
5.69
|
5.33
|
5.00
|
4.69
|
4.39
|
4.12
|
3.86
|
3.62
|
3.39
|
3.18
|
2.98
|
|
7.5
|
12.1
|
11.4
|
10.7
|
9.99
|
9.36
|
8.78
|
8.23
|
7.72
|
7.24
|
6.78
|
6.36
|
5.96
|
5.59
|
5.24
|
4.91
|
4.61
|
4.32
|
4.05
|
3.80
|
3.56
|
3.34
|
3.13
|
2.93
|
2.75
|
|
7.6
|
11.0
|
10.4
|
9.70
|
9.10
|
8.53
|
8.00
|
7.50
|
7.03
|
6.59
|
6.18
|
5.79
|
5.43
|
5.09
|
4.78
|
4.48
|
4.20
|
3.94
|
3.69
|
3.46
|
3.24
|
3.04
|
2.85
|
2.67
|
2.51
|
|
7.7
|
9.94
|
9.32
|
8.73
|
8.19
|
7.68
|
7.20
|
6.75
|
6.33
|
5.93
|
5.56
|
5.21
|
4.89
|
4.58
|
4.30
|
4.03
|
3.78
|
3.54
|
3.32
|
3.11
|
2.92
|
2.74
|
2.57
|
2.41
|
2.26
|
|
7.8
|
8.84
|
8.29
|
7.77
|
7.28
|
6.83
|
6.40
|
6.00
|
5.63
|
5.28
|
4.95
|
4.64
|
4.35
|
4.08
|
3.82
|
3.58
|
3.36
|
3.15
|
2.95
|
2.77
|
2.60
|
2.43
|
2.28
|
2.14
|
2.01
|
|
7.9
|
7.77
|
7.28
|
6.83
|
6.40
|
6.00
|
5.63
|
5.28
|
4.95
|
4.64
|
4.35
|
4.08
|
3.82
|
3.58
|
3.36
|
3.15
|
2.95
|
2.77
|
2.60
|
2.43
|
2.28
|
2.14
|
2.01
|
1.88
|
1.76
|
|
8
|
6.76
|
6.34
|
5.94
|
5.57
|
5.22
|
4.90
|
4.59
|
4.30
|
4.03
|
3.78
|
3.55
|
3.33
|
3.12
|
2.92
|
2.74
|
2.57
|
2.41
|
2.26
|
2.12
|
1.99
|
1.86
|
1.75
|
1.64
|
1.53
|
|
8.1
|
5.82
|
5.46
|
5.12
|
4.80
|
4.50
|
4.22
|
3.96
|
3.71
|
3.48
|
3.26
|
3.06
|
2.87
|
2.69
|
2.52
|
2.36
|
2.21
|
2.08
|
1.95
|
1.82
|
1.71
|
1.60
|
1.50
|
1.41
|
1.32
|
|
8.2
|
4.98
|
4.67
|
4.38
|
4.10
|
3.85
|
3.61
|
3.38
|
3.17
|
2.97
|
2.79
|
2.61
|
2.45
|
2.30
|
2.15
|
2.02
|
1.89
|
1.77
|
1.66
|
1.56
|
1.46
|
1.37
|
1.29
|
1.21
|
1.13
|
|
8.3
|
4.23
|
3.97
|
3.72
|
3.49
|
3.27
|
3.07
|
2.87
|
2.69
|
2.53
|
2.37
|
2.22
|
2.08
|
1.95
|
1.83
|
1.72
|
1.61
|
1.51
|
1.41
|
1.33
|
1.24
|
1.17
|
1.09
|
1.02
|
0.96
|
|
8.4
|
3.58
|
3.36
|
3.15
|
2.95
|
2.77
|
2.59
|
2.43
|
2.28
|
2.14
|
2.00
|
1.88
|
1.76
|
1.65
|
1.55
|
1.45
|
1.36
|
1.28
|
1.20
|
1.12
|
1.05
|
0.99
|
0.92
|
0.87
|
0.81
|
|
8.5
|
3.02
|
2.84
|
2.66
|
2.49
|
2.34
|
2.19
|
2.05
|
1.93
|
1.81
|
1.69
|
1.59
|
1.49
|
1.40
|
1.31
|
1.23
|
1.15
|
1.08
|
1.01
|
0.95
|
0.89
|
0.83
|
0.78
|
0.73
|
0.69
|
|
8.6
|
2.55
|
2.39
|
2.24
|
2.10
|
1.97
|
1.85
|
1.73
|
1.63
|
1.52
|
1.43
|
1.34
|
1.26
|
1.18
|
1.10
|
1.04
|
0.97
|
0.91
|
0.85
|
0.80
|
0.75
|
0.70
|
0.66
|
0.62
|
0.58
|
|
8.7
|
2.16
|
2.03
|
1.90
|
1.78
|
1.67
|
1.57
|
1.47
|
1.38
|
1.29
|
1.21
|
1.13
|
1.06
|
1.00
|
0.93
|
0.88
|
0.82
|
0.77
|
0.72
|
0.68
|
0.63
|
0.60
|
0.56
|
0.52
|
0.49
|
|
8.8
|
1.84
|
1.72
|
1.61
|
1.51
|
1.42
|
1.33
|
1.25
|
1.17
|
1.10
|
1.03
|
0.96
|
0.90
|
0.85
|
0.79
|
0.74
|
0.70
|
0.65
|
0.61
|
0.58
|
0.54
|
0.51
|
0.47
|
0.44
|
0.42
|
|
8.9
|
1.57
|
1.47
|
1.38
|
1.29
|
1.21
|
1.14
|
1.07
|
1.00
|
0.94
|
0.88
|
0.82
|
0.77
|
0.72
|
0.68
|
0.64
|
0.60
|
0.56
|
0.52
|
0.49
|
0.46
|
0.43
|
0.40
|
0.38
|
0.36
|
|
9
|
1.35
|
1.27
|
1.19
|
1.11
|
1.04
|
0.98
|
0.92
|
0.86
|
0.81
|
0.76
|
0.71
|
0.66
|
0.62
|
0.58
|
0.55
|
0.51
|
0.48
|
0.45
|
0.42
|
0.40
|
0.37
|
0.35
|
0.33
|
0.31
|
1 The freshwater chronic water
quality criteria for total ammonia where fish early life stages are present but
freshwater mussels are absent were calculated using the following equation, which
may also be used to calculate unlisted values:
Freshwater chronic water quality criterion for ammonia (fish early
life stages absent and freshwater mussels absent)=CCC=
Where MAX indicates the greater of the two values
separated by a comma.
J.—K. (text unchanged)
SERENA McILWAIN
Secretary of the Environment
Title 30
MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)
Subtitle 03 EMS OPERATIONAL PROGRAMS
30.03.06 Base Stations
Authority: Education Article, §§13-509, 13-510, and 13-516,
Annotated Code of Maryland
Notice of Proposed Action
[23-246-P]
The Maryland State Emergency Medical Services Board proposes to
adopt new Regulation .04-1 under COMAR 30.06.03 Base Stations. This
action was considered by the State EMS Board at its open meeting held on
October 10, 2023, pursuant to General Provisions Article, §3-302(c), Annotated
Code of Maryland.
Statement of Purpose
The purpose of this action is to establish the basic requirements
and procedures for EMS operational programs to coordinate telemedicine
appointments between independent physicians and certain low-acuity patients
outside of the traditional base station or system medical director.
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 Timothy Chizmar, M.D., State EMS Medical
Director, MIEMSS, 653 West Pratt Street, Baltimore, MD 21201, or call (410)
706-0880, or email to tchizmar@miemss.org. Comments will be accepted through
December 18, 2023. A public hearing has not been scheduled.
.04-1 Limited-Scope Medical
Direction.
A. Scope.
(1) This regulation applies to
an EMS operational program that seeks to facilitate telemedicine appointments
between certain low-acuity patients and independent physicians that are not
affiliated with a base station or system medical director, nor under the direct
supervision of the EMS operational program or its medical director.
(2) This regulation does not
limit the use or scope of medical direction offered through a base station in
accordance with the Maryland Medical Protocols for Emergency Medical Services.
B. Definition. In this
regulation, “limited-scope medical direction” means the specific instruction of
a licensed physician during a telemedicine encounter regarding the need for
transport and the transport destination for a patient 18 years or older and
determined to be Priority 3 or Priority 4 under the Maryland Medical Protocols
for Emergency Medical Services.
C. An EMS operational program
may submit to MIEMSS a plan for the use of limited-scope medical direction
through an entity that is not an approved EMS base station or system medical
director. The plan shall:
(1) Describe the entity
through which the limited-scope medical direction will be provided;
(2) Include the minimum
standards that the EMS operational program will require of the entity that
will supply and direct physicians in providing limited-scope medical
direction authorized by this regulation;
(3) Contain a quality
assurance/quality improvement plan that provides MIEMSS with access to any
records produced and maintained by the EMS operational program and to any
records and recordings of an encounter with the entity’s physicians who provide limited-scope medical
direction;
(4) Include the manner by
which the EMS operational program or other entity will inform a patient of any
financial obligations of the patient associated with a telemedicine appointment
provided under this regulation;
(5) Provide for a semi-annual
report to MIEMSS that includes at a minimum:
(a) The number of patients
evaluated or treated through telemedicine resulting in limited-scope medical
direction;
(b) A record of the patients’
presenting chief complaints and any interventions provided; and
(c) A record of referrals for
follow-up medical care;
(6) Provide a system for
recording communications between an
entity’s physician providing limited-scope medical direction and EMS
personnel as well as a system for storing any such recordings for a minimum of
90 days; and
(7) Be consistent with the
Emergency Medical System Plan approved by the EMS Board.
D. To provide limited-scope medical
direction through an EMS operational program’s plan, an individual shall at a
minimum:
(1) Be licensed to practice
medicine in the State of Maryland;
(2) Hold active board certification
in:
(a) Emergency medicine;
(b) Emergency medical
services;
(c) Family medicine; or
(d) Internal medicine;
(3) Be knowledgeable of EMS
and the local treatment options for low-acuity patients;
(4) Certify to the EMSOP that the individual has not been subject to
disciplinary action by any professional licensing body within the 5 years prior
to providing limited-scope medical direction; and
(5) Meet the requirements of
Regulation .03C of this chapter.
E. MIEMSS may approve,
modify, or deny a proposed plan of an EMS operational program to provide
limited-scope medical direction.
F. Subject to a
MIEMSS-approved plan for use of limited-scope medical direction, an EMS
operational program may allow an entity
whose physicians meet the requirements of Regulation .03C of this
chapter and §D of this regulation to provide limited-scope medical direction to
EMS personnel affiliated with the EMS operational program.
G. No later than June 30 of
each year, each EMS operational program seeking to use or continue to use
limited-scope medical direction shall
submit to MIEMSS a list that identifies each physician by full name and
Maryland license number who will provide limited-scope medical direction to the
EMS personnel affiliated with the EMS operational program.
H. An individual or entity
may not provide or offer to provide limited-scope medical direction unless that
individual or entity is doing so pursuant to an EMS operational program’s
MIEMSS-approved plan.
I. EMS Clinicians.
(1) An EMS clinician may not
receive or attempt to receive limited-scope medical direction unless the EMS
clinician is doing so pursuant to an EMS operational program’s MIEMSS-approved
plan.
(2) This regulation does not
affect an EMS clinician from receiving or attempting to receive medical
direction that includes transport instructions from any base station in
accordance with the Maryland Medical Protocols for Emergency Medical Services.
J. MIEMSS may revoke the
previously approved plan of an EMS operational program for the use of limited-scope medical direction if MIEMSS determines
that the EMS operational program has violated the terms of its previously
approved plan or any requirements of this regulation.
THEODORE R. DELBRIDGE, M.D., M.P.H.
Executive Director
Title 33
STATE BOARD OF ELECTIONS
Notice of Proposed Action
[23-217-P]
The State Board of Elections proposes to amend:
(1) Regulation .06 under COMAR 33.11.03 Issuance and Return;
(2) Regulation .03
under COMAR
33.11.04 Canvass of Ballots — Procedures; and
(3) Regulation .04
under COMAR 33.16.06 Canvass of Ballots — Rejecting Ballots.
This action was considered by the State Board of Elections at its
August 29, 2023, meeting
Statement of Purpose
The purpose of this action is to propose amendments that: (1)
allow voters to choose how they want to communicate about a missing signature
and add a text-based solution for providing the missing signature; (2) require,
with exceptions, the pre-election processing of mail-in ballots; and (3)
require the local board to count the first ballot from the individual and
reject any other ballot.
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 Morgan Rhoden, Deputy Director of Election
Reform and Management, State Board of Elections, P.O. Box 6486, Annapolis, MD
21401-0486, or call 410.269.2840, or email to dl_regcomments_SBE@maryland.gov.
Comments will be accepted through December 18, 2023. A public hearing has not
been scheduled.
Subtitle 11 ABSENTEE BALLOTS
33.11.03 Issuance and Return
Authority: Election Law Article, §§2-102(b)(4), 2-202(b), 2-305,
9-303,
9-305, 9-306, 9-310, 11-301, 11-302, and 11-304, Annotated Code of Maryland
.06 Return of Ballot.
A. — B. (text unchanged)
C. Ballots Returned Without a Signed Oath.
(1) (text unchanged)
(2) Method of Notification.
(a) — (b) (text unchanged)
[(3)] (c) (text unchanged)
[(4)] (3) Method of Communication
with Local Board.
(a) A voter may [provide a signature] choose
to communicate with the local board to correct the failure to sign the oath by
text, email, portal, mailed form, and in-person visit to the local board.
(b) A voter may sign the oath
by email, SBE-approved text
application, mail, in-person visit to the local board, or other means
offered by the State Board.
D. — G. (text unchanged)
33.11.04 Canvass of Ballots — Procedures
Authority: Election Law Article, §§2-102(b)(4), 2-202(b), 9-303,
11-301,
11-302, and 11-304, Annotated Code of Maryland
.03 Start of Canvass.
A. When Required.
(1) Except as provided in §A(2) of this regulation, the board shall
start [to canvass] processing the absentee ballots [at
10 a.m. on the Thursday after the election]
on the day that is 8 business days before the first day of early voting.
(2) [The board shall start the second absentee ballot
canvass at 10 a.m. on the second Friday after an election.] Upon the request of a
board, the State Administrator may grant a waiver of requirements in §A(1) of
this regulation if the State Administrator determines the early
processing is not:
(a) Necessary due to the low
number of absentee ballots received by the board; or
(b) Practicable due to
limited resources or other constraints on the board.
(3) The board shall convene
at:
(a) 10 a.m. on the Thursday
after the election to canvass absentee ballots; and
(b) 10 a.m. on the second
Friday after an election.
[(3)] (4) If [the start of an absentee canvass] any
required processing or canvassing day falls on a legal holiday, the board
shall convene [the absentee canvass] to
process or canvass absentee ballots on the next regular business day.
B. (text unchanged)
Subtitle 16 PROVISIONAL VOTING
33.16.06 Canvass of Ballots — Rejecting Ballots
Authority: Election Law Article, §§2-102(b)(4), 2-202(b), 9-402,
9-403,
9-404, 9-406, [and] 11-303(c)[, (d)(2)(iii),] and
(e), and 11-303.2, Annotated Code of
Maryland
.04 Ballot Rejection — Multiple Ballots from the Same Individual.
A. [The] If
a local board receives multiple provisional ballots from the same voter, the
local board shall [reject multiple
provisional ballots] canvass them as follows:
(1) (text unchanged)
(2) If more than one provisional ballot is received from the same
individual in different provisional ballot applications, [all ballots
shall be rejected] the local board shall:
(a) Count the first
provisional ballot cast by the voter that is legally sufficient and acceptable
in full;
(b) If no provisional ballots
are acceptable in full, count the first provisional ballot cast by the voter
that is legally sufficient and accept in part; or
(c) Reject all ballots if
none of the voter’s provisional ballots are legally sufficient.
B. If an absentee ballot and provisional ballot are received from
the same individual:
(1) Except as provided in §B(2) of this regulation, the local board
shall count the first ballot the voter cast if the ballot is legally
sufficient and reject [the
provisional] any other ballot.
(2) (text unchanged)
C. (text unchanged)
MORGAN RHODEN
Deputy Director of
Election Reform and Management
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.
MARYLAND INSURANCE ADMINISTRATION
Subject: Public
Hearing
Date and Time: December 5, 2023, 1 — 4 p.m.
Add’l. Info: The Maryland Insurance Administration will conduct a public hearing on
specific rate increase requests being made by certain long-term care insurance
carriers operating in Maryland. The hearing will focus on several rate increase
requests before the Maryland Insurance Administration. In the individual
long-term care market, these include requests from Genworth Life Insurance
Company. The purpose of the hearing is for insurance company officials to
explain the reasons for the rate increases and for MIA to consider whether the
proposed rate increase complies with Maryland’s laws and regulations relating
to long-term care insurance. Interested stakeholders will also have the
opportunity to provide comments at the hearing. Prior to the hearing, copies of
each company’s actuarial memorandum will be posted to the Maryland Insurance
Administration’s website.
The hearing will be held in a hybrid format, both in-person, and
concurrently via Zoom.
The in-person portion of the hearing will be held at the following
time and location:
Tuesday, December 5, 2023
1 — 4 p.m.
Maryland Insurance Administration, 24th Floor, Hearing Room, 200
St. Paul Place, Baltimore, MD 21202
The Zoom dial-in information is below:
Dial-in Information:
Zoom Gov link:
https://www.zoomgov.com/j/1601066307
Dial-in: (646) 828-7666
Webinar ID: 160 106 6307
Information about the Maryland Relay Service can be found at
doit.maryland.gov/mdrelay.
If you wish to provide oral testimony, please RSVP to Nancy
Muehlberger. Testimony will only be heard from those who have RSVP’d in advance
of the public hearing. Written comments and RSVPs should be sent to Nancy
Muehlberger by November 28, 2023, either by email to longtermcare.mia@maryland.gov
or by mail to 200 St. Paul Place, Suite 2700, Baltimore, MD 21202, or by fax to
410-468-2038.
Any questions regarding this matter should be directed to Nancy
Muehlberger, Actuarial Analyst, by November 28, 2023, by email to Nancy.Muehlberger@maryland.gov.
For more information on the hearing, please see the following
link:
https://insurance.maryland.gov/Consumer/Pages/Long-Term-Care-Hearing-December-5-2023.aspx
Contact: Nancy Muehlberger, 410-468-2050
MARYLAND DEPARTMENT OF LABOR/CAREER
AND TECHNICAL EDUCATION (CTE) COMMITTEE
Subject: Public Meeting
Date and Time: November 29, 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
[23-23-01]
MARYLAND STATE LOTTERY AND GAMING CONTROL COMMISSION
Subject: Public Meeting — RESCHEDULED
Date and Time: November 28, 2023,
9 — 11 a.m.
Place: Virtual Only — Commission Meeting
Add’l. Info: RESCHEDULED from November 16, 2023, to November 28,
2023, and now virtual only. The link will be available on the website,
https://www.mdgaming.com/commission-meeting-11-28-2023/, on the day of the
meeting. This meeting is a combination November/December meeting with no
additional meeting in December.
Contact: Kathy Lingo
410-230-8790
[23-23-03]
WORKERS’ COMPENSATION COMMISSION
Subject: Public Meeting
Date and Time: December 14, 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 a closed
session.
Contact: Amy S. Lackington
410-864-5300
[23-23-02]
