Capitol Building Maryland Register

Issue Date:  December 15, 2023

Volume 50 •  Issue 25  • Pages 1069 — 1120

IN THIS ISSUE

Governor

Attorney General

Judiciary

Regulations

Special Documents

General Notices

Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before November 27, 2023 5 p.m.
 
Pursuant to State Government Article, §7-206, Annotated Code of Maryland, I hereby certify that this issue contains all documents required to be codified as of November 27, 2023.
 
Gail S. Klakring
Acting Administrator, Division of State Documents
Office of the Secretary of State

Seal

Information About the Maryland Register and COMAR

MARYLAND REGISTER

   The Maryland Register is an official State publication published every other week throughout the year. A cumulative index is published quarterly.

   The Maryland Register is the temporary supplement to the Code of Maryland Regulations. Any change to the text of regulations published  in COMAR, whether by adoption, amendment, repeal, or emergency action, must first be published in the Register.

   The following information is also published regularly in the Register:

   • Governor’s Executive Orders

   • Attorney General’s Opinions in full text

   • Open Meetings Compliance Board Opinions in full text

   • State Ethics Commission Opinions in full text

   • Court Rules

   • District Court Administrative Memoranda

   • Courts of Appeal Hearing Calendars

   • Agency Hearing and Meeting Notices

   • Synopses of Bills Introduced and Enacted by the General Assembly

   • Other documents considered to be in the public interest

CITATION TO THE MARYLAND REGISTER

   The Maryland Register is cited by volume, issue, page number, and date. Example:

• 19:8 Md. R. 815—817 (April 17, 1992) refers to Volume 19, Issue 8, pages 815—817 of the Maryland Register issued on April 17, 1992.

CODE OF MARYLAND REGULATIONS (COMAR)

   COMAR is the official compilation of all regulations issued by agencies of the State of Maryland. The Maryland Register is COMAR’s temporary supplement, printing all changes to regulations as soon as they occur. At least once annually, the changes to regulations printed in the Maryland Register are incorporated into COMAR by means of permanent supplements.

CITATION TO COMAR REGULATIONS

   COMAR regulations are cited by title number, subtitle number, chapter number, and regulation number. Example: COMAR 10.08.01.03 refers to Title 10, Subtitle 08, Chapter 01, Regulation 03.

DOCUMENTS INCORPORATED BY REFERENCE

   Incorporation by reference is a legal device by which a document is made part of COMAR simply by referring to it. While the text of an incorporated document does not appear in COMAR, the provisions of the incorporated document are as fully enforceable as any other COMAR regulation. Each regulation that proposes to incorporate a document is identified in the Maryland Register by an Editor’s Note. The Cumulative Table of COMAR Regulations Adopted, Amended or Repealed, found online, also identifies each regulation incorporating a document. Documents incorporated by reference are available for inspection in various depository libraries located throughout the State and at the Division of State Documents. These depositories are listed in the first issue of the Maryland Register published each year. For further information, call 410-974-2486.

HOW TO RESEARCH REGULATIONS

An Administrative History at the end of every COMAR chapter gives information about past changes to regulations. To determine if there have been any subsequent changes, check the ‘‘Cumulative Table of COMAR Regulations Adopted, Amended, or Repealed’’ which is found online at http://www.dsd.state.md.us/PDF/CumulativeTable.pdf. This table lists the regulations in numerical order, by their COMAR number, followed by the citation to the Maryland Register in which the change occurred. The Maryland Register serves as a temporary supplement to COMAR, and the two publications must always be used together. A Research Guide for Maryland Regulations is available. For further information, call 410-260-3876.

SUBSCRIPTION INFORMATION

   For subscription forms for the Maryland Register and COMAR, see the back pages of the Maryland Register. Single issues of the Maryland Register are $15.00 per issue.

CITIZEN PARTICIPATION IN
THE REGULATION-MAKING PROCESS

   Maryland citizens and other interested persons may participate in the process by which administrative regulations are adopted, amended, or repealed, and may also initiate the process by which the validity and applicability of regulations is determined. Listed below are some of the ways in which citizens may participate (references are to State Government Article (SG),

Annotated Code of Maryland):

   • By submitting data or views on proposed regulations either orally or in writing, to the proposing agency (see ‘‘Opportunity for Public Comment’’ at the beginning of all regulations appearing in the Proposed Action on Regulations section of the Maryland Register). (See SG, §10-112)

   • By petitioning an agency to adopt, amend, or repeal regulations. The agency must respond to the petition. (See SG §10-123)

   • By petitioning an agency to issue a declaratory ruling with respect to how any regulation, order, or statute enforced by the agency applies. (SG, Title 10, Subtitle 3)

   • By petitioning the circuit court for a declaratory judgment

on the validity of a regulation when it appears that the regulation interferes with or impairs the legal rights or privileges of the petitioner. (SG, §10-125)

   • By inspecting a certified copy of any document filed with the Division of State Documents for publication in the Maryland Register. (See SG, §7-213)

 

Maryland Register (ISSN 0360-2834). Postmaster: Send address changes and other mail to: Maryland Register, State House, Annapolis, Maryland 21401. Tel. 410-260-3876. Published biweekly, with cumulative indexes published quarterly, by the State of Maryland, Division of State Documents, State House, Annapolis, Maryland 21401. The subscription rate for the Maryland Register is $225 per year (first class mail). All subscriptions post-paid to points in the U.S. periodicals postage paid at Annapolis, Maryland and additional mailing offices.

Wes Moore, Governor; Susan C. Lee, Secretary of State; Gail S. Klakring, Administrator; Mary D. MacDonald, Senior Editor, Maryland Register and COMAR; Elizabeth Ramsey, Editor, COMAR Online, and Subscription Manager; Tami Cathell, Help Desk, COMAR and Maryland Register Online.

Front cover: State House, Annapolis, MD, built 1772—79.

Illustrations by Carolyn Anderson, Dept. of General Services

 

     Note: All products purchased are for individual use only. Resale or other compensated transfer of the information in printed or electronic form is a prohibited commercial purpose (see State Government Article, §7-206.2, Annotated Code of Maryland). By purchasing a product, the buyer agrees that the purchase is for individual use only and will not sell or give the product to another individual or entity.


Closing Dates for the Maryland Register

Schedule of Closing Dates and Issue Dates for the
Maryland Register ...................................................................  1073

 

COMAR Research Aids

Table of Pending Proposals .........................................................  1074

 

Index of COMAR Titles Affected in This Issue

COMAR Title Number and Name                                                  Page

05        Department of Housing and Community
               Development ................................................................  1091

08        Department of Natural Resources .........................  1087, 1092

09        Maryland Department of Labor .......................................  1093

10        Maryland Department of Health ............................  1087, 1102

11        Department of Transportation ..........................................  1088

13A     State Board of Education .......................................  1088, 1091

14        Independent Agencies .....................................................  1089

15        Maryland Department of Agriculture ..............................  1103

21        State Procurement Regulations .......................................  1090

26        Department of the Environment ....................  1090,1091,1104

33        State Board of Elections ..................................................  1090

35        Maryland Department of Veterans Affairs ......................  1115

 

PERSONS WITH DISABILITIES

Individuals with disabilities who desire assistance in using the publications and services of the Division of State Documents are encouraged to call (410) 974-2486, or (800) 633-9657, or FAX to (410) 974-2546, or through Maryland Relay.

 

The Governor

EXECUTIVE ORDER 01.01.2023.16

State of Maryland Workplace Substance Abuse
   Policy
.  1077

EXECUTIVE ORDER 01.01.2023.17

Commission to Establish a Memorial to Veterans of the
   Global War on Terrorism
..  1080

EXECUTIVE ORDER 01.01.2023.18

Preventing Suicide Among Military Service Members,
   Veterans and Their Families
.  1081

EXECUTIVE ORDER 01.01.2023.19

Procurement Guidelines: Authorizing Project Labor
   Agreements for Large-Scale Public Work Contracts and
   Promoting Apprenticeship Agreements and Community
   Hiring
.  1082

EXECUTIVE ORDER 01.01.2023.20

State of Preparedness .  1084

 

The Judiciary

SUPREME COURT OF MARYLAND

DISCIPLINARY PROCEEDINGS ................................  1086

 

Final Action on Regulations

08 DEPARTMENT OF NATURAL RESOURCES

FISHERIES SERVICE

Fishing Licenses—Point Assignment, License Revocation
   and Suspension Schedule and Criteria, and Hearing
   Procedure
.  1087

BOATING

Special Uses Areas .  1087

10 MARYLAND DEPARTMENT OF HEALTH

MEDICAL CARE PROGRAMS

Employed Individuals with Disabilities .  1087

MATERNAL AND CHILD HEALTH

Lead Poisoning Screening Program ..  1087

DANGEROUS DEVICES AND SUBSTANCES

Prohibition of Child Care Products Containing TCEP or
   TDCPP
.  1088

Prohibition of Consumer Products Containing Flame-
   Retardant Chemicals
.  1088

PREVENTIVE MEDICINE

Maryland HIV Prevention Case Management
   Program .................................................................................
 1088

BOARD OF MASSAGE THERAPY EXAMINERS

General Regulations .  1088

Fees .  1088

Curriculum Approval  1088

11 DEPARTMENT OF TRANSPORTATION

STATE HIGHWAY ADMINISTRATION

General Conditions for Movement of Oversize and
   Overweight Vehicles
.  1088

13A STATE BOARD OF EDUCATION

STATE SCHOOL ADMINISTRATION

Appeals to the State Board of Education .................................  1088

Nondiscrimination in Education .  1089

FAMILY CHILD CARE

Inspections, Complaints, and Enforcement  1089

Administrative Hearings .  1089

CHILD CARE CENTERS

Inspections, Complaints, and Enforcement  1089

Administrative Hearings .  1089

CHILD CARE—LETTERS OF COMPLIANCE

Inspections, Complaints, and Enforcement  1089

Administrative Hearings .  1089

LARGE FAMILY CHILD CARE HOMES

Inspections, Complaints, and Enforcement  1089

Administrative Hearings .  1089

14 INDEPENDENT AGENCIES

PRESCRIPTION DRUG AFFORDABILITY BOARD

General Provisions .  1089

Cost Review Study Process .  1089

21 STATE PROCUREMENT REGULATIONS

PROCUREMENT METHODS AND PROJECT DELIVERY
   METHODS

Procurement by Competitive Sealed Bidding ..........................  1090

Procurement by Competitive Sealed Proposals .  1090

SOCIOECONOMIC POLICIES

Minority Business Enterprise Policies .  1090

26 DEPARTMENT OF ENVIRONMENT

AIR QUALITY

Advanced Clean Trucks Program ..  1090

33 STATE BOARD OF ELECTIONS

CAMPAIGN FINANCING

Online Platforms .  1090

VIOLATIONS

Civil Penalties .  1090

 

Withdrawal of Regulations

05 DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

REVITALIZATION PROGRAMS

Catalytic Revitalization Project Tax Credit  1091

13A STATE BOARD OF EDUCATION

SCHOOL PERSONNEL

Incentive Program for Certification by the National Board for
   Professional Teaching Standards
.  1091

26 DEPARTMENT OF ENVIRONMENT

REGULATION OF WATER SUPPLY, SEWAGE DISPOSAL,
   AND SOLID WASTE, AND RECYCLABLE MATERIALS

Quality of Drinking Water in Maryland .  1091

 

Proposed Action on Regulations

08 DEPARTMENT OF NATURAL RESOURCES

OFFICE OF THE SECRETARY

Off-Road Vehicles .  1092

09 MARYLAND DEPARTMENT OF LABOR

HOME IMPROVEMENT COMMISSION

General Regulations .  1093

Fees .  1093

STATE ATHLETIC COMMISSION

Applications and Licensing .  1094

Ring Officials .  1094

STATE BOARD  OF HEATING, VENTILATION, 
   AIR-CONDITIONING, AND REFRIGERATION
   CONTRACTORS

Fees .  1094

BOARD OF BARBERS

General Regulations .  1095

BOARD OF STATIONARY ENGINEERS

Fees .  1096

BOARD OF CERTIFIED INTERIOR DESIGNERS

General Regulations .  1097

BOARD OF PLUMBING

Fees .  1098

BOARD OF COSMETOLOGISTS

General Regulations .  1099

JOB SERVICE

Economic Stabilization .  1100

COMMISSION OF REAL ESTATE APPRAISERS,
   APPRAISAL MANAGEMENT COMPANIES, AND HOME
   INSPECTORS — HOME INSPECTORS

Continuing Professional Competency .  1101

10 MARYLAND DEPARTMENT OF HEALTH

BOARD OF ENVIRONMENTAL HEALTH SPECIALISTS

Licensing Procedures .  1102

Continuing Education .  1102

15 MARYLAND DEPARTMENT OF AGRICULTURE

BOARD OF VETERINARY MEDICAL EXAMINERS

Qualifications for Licensure, by Examination, as a
   Veterinarian ...........................................................................
 1103

26 DEPARTMENT OF ENVIRONMENT

BUILDING ENERGY PERFORMANCE STANDARDS

Definitions and Documents Incorporated by
   Reference
.  1104

Benchmarking and Reporting .  1104

Performance Standards and Compliance
   Demonstration .......................................................................
 1104

Alternative Compliance and Special Provisions .  1104

35 MARYLAND DEPARTMENT OF VETERANS AFFAIRS

GENERAL

Purpose; Definitions .................................................................  1115

VETERANS’ CEMETERIES

Burial in State Veterans’ Cemeteries .  1115

 

Special Documents

MARYLAND HEALTH CARE COMMISSION

AVERAGE ANNUAL OCCUPANCY RATES BY
   JURISDICTION AND FACILITY — SPECIAL
   CHRONIC HOSPITAL BEDS — MARYLAND,
   FISCAL YEARS 2021 — 2023
...................................  1117

USE OF SPECIAL CHRONIC HOSPITAL BEDS:
   MARYLAND, FY 2023
..............................................  1118

 

General Notices

STATE COLLECTION AGENCY LICENSING BOARD

Public Meeting .  1119

NORTHEAST MARYLAND WASTE DISPOSAL
   AUTHORITY

Public Meetings Notice Procedure .  1119

 

 

COMAR Online

        The Code of Maryland Regulations is available at www.dsd.state.md.us as a free service of the Office of the Secretary of State, Division of State Documents. The full text of regulations is available and searchable. Note, however, that the printed COMAR continues to be the only official and enforceable version of COMAR.

        The Maryland Register is also available at www.dsd.state.md.us.

        For additional information, visit www.dsd.maryland.gov, Division of State Documents, or call us at (410) 974-2486 or 1 (800) 633-9657.

 

Availability of Monthly List of
Maryland Documents

        The Maryland Department of Legislative Services receives copies of all publications issued by State officers and agencies. The Department prepares and distributes, for a fee, a list of these publications under the title ‘‘Maryland Documents’’. This list is published monthly, and contains bibliographic information concerning regular and special reports, bulletins, serials, periodicals, catalogues, and a variety of other State publications. ‘‘Maryland Documents’’ also includes local publications.

        Anyone wishing to receive ‘‘Maryland Documents’’ should write to: Legislative Sales, Maryland Department of Legislative Services, 90 State Circle, Annapolis, MD 21401.

 

 

CLOSING DATES AND ISSUE DATES THROUGH
DECEMBER 2024

Issue
Date

Emergency

and Proposed

Regulations

5 p.m.*

Notices, etc.

10:30 a.m.

Final

Regulations

10:30 a.m.

2023

December 29

December 11

December 18

December 20

2024

January 12

December 22**

December 29**

January 3

January 26

January 8

January 12**

January 17

February 9

January 22

January 29

January 31

February 23

February 5

February 12

February 14

March 8

February 16**

February 26

February 28

March 22

March 4

March 11

March 13

April 5

March 18

March 25

March 27

April 19

April 1

April 8

April 10

May 3

April 15

April 22

April 24

May 17

April 29

May 6

May 8

May 31

May 13

May 20

May 22

June 14

May 24**

June 3

June 5

June 28

June 10

June 17

June 18**

July 12

June 24

July 1

July 3

July 26

July 8

July 15

July 17

August 9

July 22

July 29

July 31

August 23

August 5

August 12

August 14

September 6

August 19

August 26

August 28

September 20

August 30**

September 9

September 11

October 4

September 16

September 23

September 25

October 18

September 30

October 7

October 9

November 1

October 11**

October 21

October 23

November 15

October 28

November 4

November 6

December 2***

November 8**

November 18

November 20

December 13

November 25

December 2

December 4

December 27

December 9

December 16

December 18

   Please note that this table is provided for planning purposes and that the Division of State Documents (DSD) cannot guarantee submissions will be published in an agency’s desired issue. Although DSD strives to publish according to the schedule above, there may be times when workload pressures prevent adherence to it.

*   Also note that proposal deadlines are for submissions to DSD for publication in the Maryland Register and do not take into account the 15-day AELR review period. The due date for documents containing 8 to 18 pages is 48 hours before the date listed; the due date for documents exceeding 18 pages is 1 week before the date listed.

NOTE:  ALL DOCUMENTS MUST BE SUBMITTED IN TIMES NEW ROMAN, 9-POINT, SINGLE-SPACED FORMAT. THE PAGE COUNT REFLECTS THIS FORMATTING.

** Note closing date changes.

***    Note issue date changes.

The regular closing date for Proposals and Emergencies is Monday.

 

 

RegCodificationSystem
Cumulative Table of COMAR Regulations
Adopted, Amended, or Repealed

   This table, previously printed in the Maryland Register lists the regulations, by COMAR title, that have been adopted, amended, or repealed in the Maryland Register since the regulations were originally published or last supplemented in the Code of Maryland Regulations (COMAR). The table is no longer printed here but may be found on the Division of State Documents website at www.dsd.state.md.us.

Table of Pending Proposals

   The table below lists proposed changes to COMAR regulations. The proposed changes are listed by their COMAR number, followed by a citation to that issue of the Maryland Register in which the proposal appeared. Errata and corrections pertaining to proposed regulations are listed, followed by “(err)” or “(corr),” respectively. Regulations referencing a document incorporated by reference are followed by “(ibr)”. None of the proposals listed in this table have been adopted. A list of adopted proposals appears in the Cumulative Table of COMAR Regulations Adopted, Amended, or Repealed.

 

01 EXECUTIVE DEPARTMENT

 

01.02.08.02,.03,.09,.10 • 50:23 Md. R. 1006 (11-17-23)

 

03 COMPTROLLER OF THE TREASURY

 

03.01.05.01—.07 • 50:22 Md. R. 979 (11-3-23)

 

05 DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

 

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

 

08 DEPARTMENT OF NATURAL RESOURCES

 

08.01.03.11,.12 • 50:25 Md. R. 1092 (12-15-23)

08.02.11.01 • 50:22 Md. R. 982 (11-3-23)

08.02.11.04,.06 • 50:22 Md. R. 983 (11-3-23)

08.02.15.04,.05,.07 • 50:20 Md. R. 904 (10-6-23)

08.02.22.01,.03 • 50:24 Md. R. 1045 (12-1-23)

08.02.25.06 • 50:24 Md. R. 1045 (12-1-23)

08.07.08.08 • 50:18 Md. R. 809 (9-8-23)

 

09 MARYLAND DEPARTMENT OF LABOR

 

09.08.01.18 • 50:25 Md. R. 1093 (12-15-23)

09.08.07.02 • 50:25 Md. R. 1093 (12-15-23)

09.10.02.43,.53 • 50:24 Md. R. 1046 (12-1-23)

09.12.56.01—.05 • 50:23 Md. R. 1007 (11-17-23) (ibr)

09.14.02.01,.02,.06-1,.06-2 • 50:25 Md. R. 1094 (12-15-23)

09.14.07.03,.05 • 50:25 Md. R. 1094 (12-15-23)

09.15.01.03 • 50:25 Md. R. 1094 (12-15-23)

09.15.02.07 • 50:22 Md. R. 985 (11-3-23)

09.16.01.08 • 50:25 Md. R. 1095 (12-15-23)

09.17.03.03 • 50:25 Md. R. 1096 (12-15-23)

09.18.01.03 • 50:25 Md. R. 1097 (12-15-23)

09.20.05.03 • 50:25 Md. R. 1098 (12-15-23)

09.22.01.12 • 50:25 Md. R. 1099 (12-15-23)

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

09.24.05.03 • 50:21 Md. R. 956 (10-20-23)

09.24.05.05 • 50:21 Md. R. 957 (10-20-23)

09.33.02.01—.09 • 50:25 Md. R. 1100 (12-15-23)

09.36.07.02 • 50:17 Md. R. 772 (8-25-23)

09.36.08.02 • 50:25 Md. R. 1101 (12-15-23)

 

10 MARYLAND DEPARTMENT OF HEALTH

 

     Subtitle 09 (2nd volume)

 

10.09.02.05,.07 • 50:24 Md. R. 1048 (12-1-23) (ibr)

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

10.09.24.03 • 50:18 Md. R. 814 (9-8-23)

10.09.36.03-2 • 50:18 Md. R. 814 (9-8-23)

10.09.39.02,.06 • 50:24 Md. R. 1049 (12-1-23)

 

     Subtitles 23—36 (4th volume)

 

10.24.10.01 • 50:24 Md. R. 1050 (12-1-23) (ibr)

10.27.01.05 • 50:20 Md. R. 907 (10-6-23)

10.29.02.03 • 50:20 Md. R. 907 (10-6-23)

10.29.03.03 • 50:20 Md. R. 907 (10-6-23)

10.29.04.03 • 50:20 Md. R. 907 (10-6-23)

10.34.34.02—.12 • 50:13 Md. R. 533 (6-30-23)

 

     Subtitles 37—52 (5th volume)

 

10.41.01.01—.04 • 50:16 Md. R. 738 (8-11-23)

10.41.02.01,.02,.04 • 50:16 Md. R. 738 (8-11-23)

10.41.03.02,.03,.05,.06 • 50:16 Md. R. 738 (8-11-23)

10.41.04.01,.02,.06,.08 • 50:16 Md. R. 738 (8-11-23)

10.41.05.01—.07 • 50:16 Md. R. 738 (8-11-23)

10.41.08.01-1,.02,.06,.08,.11,.12,.14 • 50:16 Md. R. 738 (8-11-23)

10.41.09.02 • 50:16 Md. R. 738 (8-11-23)

10.41.11.01—.10 • 50:16 Md. R. 738 (8-11-23)

10.41.13.02,.04 • 50:16 Md. R. 738 (8-11-23)

10.43.10.01—.06 • 50:20 Md. R. 910 (10-6-23)

10.44.01.01—.39 • 50:20 Md. R. 911 (10-6-23)

10.44.19.05—.12 • 50:24 Md. R. 1051 (12-1-23)

10.44.20.02 • 50:20 Md. R. 918 (10-6-23)

10.44.22.02,.04—.06,.08—.15 • 50:20 Md. R. 918 (10-6-23)

 

     Subtitles 53—68 (6th volume)

 

10.53.08.05 • 50:17 Md. R. 773 (8-25-23)

10.53.09.01—.04 • 50:17 Md. R. 773 (8-25-23)

10.60.01.03,.05 • 50:18 Md. R. 816 (9-8-23)

10.60.02.08,.09 • 50:25 Md. R. 1102 (12-15-23)

10.60.03.01—.05 • 50:25 Md. R. 1102 (12-15-23)

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

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

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

10.67.04.20 • 50:24 Md. R. 1049 (12-1-23)

10.67.06.28 • 50:24 Md. R. 1049 (12-1-23)

 

 

11 DEPARTMENT OF TRANSPORTATION

 

     Subtitles 11—23 (MVA)

 

11.12.01.14 • 50:15 Md. R. 698 (7-28-23)

 

12 DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

 

12.02.20.01—.08 • 50:24 Md. R. 1052 (12-1-23)

12.03.03.01—.12 • 50:24 Md. R. 1052 (12-1-23)

12.12.20.01—.08 • 50:24 Md. R. 1052 (12-1-23)

 

13A STATE BOARD OF EDUCATION

 

13A.07.06.01—.15 • 50:14 Md. R. 621 (7-14-23) (ibr)

13A.08.01.17 • 50:20 Md. R. 924 (10-6-23)

13A.12.01.01—.14 • 50:14 Md. R. 633 (7-14-23)

13A.12.02.01—.29 • 50:14 Md. R. 633 (7-14-23)

13A.12.03.01—.12 • 50:14 Md. R. 633 (7-14-23)

13A.12.04.01—.16 • 50:14 Md. R. 633 (7-14-23)

13A.12.05.01—.15 • 50:14 Md. R. 633 (7-14-23)

13A.12.06.01—.09 • 50:14 Md. R. 633 (7-14-23)

13A.12.07.01—.08 • 50:14 Md. R. 633 (7-14-23)

                                   50:15 Md. R. 707 (7-28-23) (err)

13A.15.01.02 • 50:20 Md. R. 927 (10-6-23)

13A.15.05.03 • 50:20 Md. R. 927 (10-6-23)

13A.15.10.02 • 50:20 Md. R. 927 (10-6-23)

13A.15.11.04—.06 • 50:20 Md. R. 927 (10-6-23)

13A.16.01.02 • 50:20 Md. R. 927 (10-6-23)

13A.16.05.11 • 50:20 Md. R. 927 (10-6-23)

13A.16.10.04 • 50:20 Md. R. 927 (10-6-23)

13A.16.11.04—.06 • 50:20 Md. R. 927 (10-6-23)

13A.17.01.02 • 50:20 Md. R. 927 (10-6-23)

13A.17.05.11 • 50:20 Md. R. 927 (10-6-23)

13A.17.10.04 • 50:20 Md. R. 927 (10-6-23)

13A.17.11.04—.06 • 50:20 Md. R. 927 (10-6-23)

13A.18.01.02 • 50:20 Md. R. 927 (10-6-23)

13A.18.05.11 • 50:20 Md. R. 927 (10-6-23)

13A.18.10.04 • 50:20 Md. R. 927 (10-6-23)

13A.18.11.04—.06 • 50:20 Md. R. 927 (10-6-23)

 

13B MARYLAND HIGHER EDUCATION COMMISSION

 

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

14 INDEPENDENT AGENCIES

 

14.07.04.01,.03—.06 • 50:24 Md. R. 1057 (12-1-23)

14.22.01.02,.03,.07—.11 • 50:23 Md. R. 1008 (11-17-23)

14.35.07.08,.12,.14,.19 • 50:22 Md. R. 988 (11-3-23)

14.35.14.06,.07 • 50:22 Md. R. 988 (11-3-23)

14.35.15.05,.06,.08 • 50:22 Md. R. 988 (11-3-23)

14.35.16.07 • 50:22 Md. R. 988 (11-3-23)

14.38.01.03 • 50:23 Md. R. 1011 (11-17-23)

 

15 MARYLAND DEPARTMENT OF AGRICULTURE

 

15.01.18.01—.03,.05,.07,.09 • 50:22 Md. R. 990 (11-3-23)

15.14.09.03 • 50:25 Md. R. 1103 (12-15-23)

 

20 PUBLIC SERVICE COMMISSION

 

20.63.01.01,.02 • 50:23 Md. R. 1012 (11-17-23)

20.63.03.01—.05 • 50:23 Md. R. 1012 (11-17-23)

20.63.04.01,.02 • 50:23 Md. R. 1012 (11-17-23)

20.63.05.01—.03 • 50:23 Md. R. 1012 (11-17-23)

20.63.07.01—.14 • 50:23 Md. R. 1012 (11-17-23)

20.63.11.01—.03 • 50:23 Md. R. 1012 (11-17-23)

20.63.12.01—.06 • 50:23 Md. R. 1012 (11-17-23)

20.63.13.01 • 50:23 Md. R. 1012 (11-17-23)

20.63.14.01—.04 • 50:23 Md. R. 1012 (11-17-23)

20.63.15.01—.05 • 50:23 Md. R. 1012 (11-17-23)

20.63.16.01—.04 • 50:23 Md. R. 1012 (11-17-23)

20.63.17.01—.03 • 50:23 Md. R. 1012 (11-17-23)

20.63.18.01—.03 • 50:23 Md. R. 1012 (11-17-23)

20.63.19.01—.05 • 50:23 Md. R. 1012 (11-17-23)

20.63.20.01—.03 • 50:23 Md. R. 1012 (11-17-23)

 

21 STATE PROCUREMENT REGULATIONS

 

21.11.11.07—.09 • 50:23 Md. R. 1023 (11-17-23)

 

22 STATE RETIREMENT AND PENSION SYSTEM

 

22.01.14.02 • 50:20 Md. R. 936 (10-6-23)

22.07.01.02 • 50:20 Md. R. 936 (10-6-23)

22.07.02.01 • 50:20 Md. R. 936 (10-6-23)

 

26 DEPARTMENT OF THE ENVIRONMENT

 

     Subtitles 08—12 (Part 2)

 

26.08.02.03-2 • 50:23 Md. R. 1023 (11-17-23)

26.11.40.02,.03 • 50:24 Md. R. 1059 (12-1-23)

 

     Subtitles 19—28 (Part 4)

 

26.28.01.01—.03 • 50:25 Md. R. 1104 (12-15-23) (ibr)

26.28.02.01—.05 • 50:25 Md. R. 1104 (12-15-23)

26.28.03.01,.02 • 50:25 Md. R. 1104 (12-15-23)

26.28.04.01—.03 • 50:25 Md. R. 1104 (12-15-23)

 

30 MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)

 

30.01.01.02 • 50:24 Md. R. 1061 (12-1-23)

30.01.02.01 • 50:24 Md. R. 1064 (12-1-23) (ibr)

30.02.02.04,.06—.09 • 50:24 Md. R. 1061 (12-1-23)

30.03.06.04-1 • 50:23 Md. R. 1028 (11-17-23)

 

33 STATE BOARD OF ELECTIONS

 

33.01.05.06 • 50:17 Md. R. 779 (8-25-23)

33.11.03.06 • 50:23 Md. R. 1029 (11-17-23)

33.11.04.03 • 50:23 Md. R. 1029 (11-17-23)

33.16.02.01 • 50:17 Md. R. 779 (8-25-23)

33.16.06.04 • 50:23 Md. R. 1029 (11-17-23)

33.21.03.02 • 50:17 Md. R. 779 (8-25-23)

 

35 DEPARTMENT OF VETERANS AFFAIRS

 

35.01.01.02 • 50:25 Md. R. 1115 (12-15-23)

35.03.01.03,.05,.09,.10 • 50:25 Md. R. 1115 (12-15-23)

35.06.01.02 • 50:22 Md. R. 991 (11-3-23)

 

The Governor

EXECUTIVE ORDER 01.01.2023.16

(Rescinds Executive Order 01.01.1991.16)

 

State of Maryland Workplace Substance Abuse Policy

 

WHEREAS, The Drug-Free Workplace Act of 1988 requires that any State that receives federal funds must establish a drug-free workplace, including a policy on the use of substances, employee drug awareness program, and procedures for employees to report their own convictions.

 

WHEREAS, The State of Maryland is committed to making good faith efforts to ensure a safe, secure, and substance-free workplace for its employees consistent with the Drug-Free Workplace Act of 1988.

 

WHEREAS, Substance abuse is a serious public health crisis that has had a detrimental effect on the lives of many Maryland residents and negative impacts on businesses and government.

 

WHEREAS, Every Maryland employer, including the State of Maryland, experiences a loss in productivity due to substance abuse-related absenteeism, injuries on the job, and decreased work quality.

 

WHEREAS, In higher risk occupations, employees with substance use problems may function below established standards, make impaired decisions, be less alert, and have harmful or dangerous effects on their co-workers or the public.

 

WHEREAS, Voters in Maryland approved the legalization of adult-use cannabis through constitutional amendment and the General Assembly enacted legislation to enable this legalization.

 

WHEREAS, Within the context of the legalization of adult-use cannabis, the State of Maryland reinforces its commitment to protect the health, safety, and welfare of its employees and the public, and ensure a substance-free work environment.

 

NOW, THEREFORE, I, WES MOORE, GOVERNOR OF THE STATE OF MARYLAND, BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE CONSTITUTION AND LAWS OF MARYLAND, HEREBY RESCIND EXECUTIVE ORDER 01.01.1991.16 AND PROCLAIM THE FOLLOWING EXECUTIVE ORDER, EFFECTIVE IMMEDIATELY:

A. Scope. This policy applies to all individuals employed by the Executive Branch of the Maryland State Government.

B. Definitions. The following words have the meanings indicated:

1. “Alcohol” means any form of ethanol, or any beverage or substance containing ethanol.

2. “Alcohol-Related Offense” means a crime that requires alcohol possession or consumption as an element of the offense.

3. “Cannabis” means the plant Cannabis Sativa L. and any part of the plant, including all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration greater than 0.3% on a dry weight basis. Cannabis includes cannabis products but does not include hemp or hemp products as defined by § 14–101 of the Agriculture Article.

4. “Cannabis-Related Offense” means any crime that involves the use, sale, possession, distribution, dispensation, manufacture, or transfer of cannabis under Md. Code Ann., Crim. Law §§ 5-101 through 5-1101, excluding civil use offenses set forth in Crim. Law 5-601(c)(2)(ii).

5. “Controlled Dangerous Substance” means any substance, excluding cannabis, that is controlled under the Federal Controlled Substances Act, 21 U.S.C. § 801, et seq., as amended, and/or the Maryland Controlled Dangerous Substances Act, Md. Code Ann., Crim. Law §§ 5-101 through 5-1101.

6.“Controlled Dangerous Substance Offense” means:

a. A controlled dangerous substance violation, under Md. Code Ann., Crim. Law §§ 5-101 through 5-1101.

b. An offense of the law of any other jurisdiction if the prohibited conduct would be a controlled dangerous substance violation if committed in this State;

c. Driving or attempting to drive while under the influence of a controlled dangerous substance under Md. Code Ann., Transp. § 21-902; or

d. Operating or attempting to operate a vessel while impaired by a controlled dangerous substance under Md. Code Ann., Nat. Res. § 8-738.

7. “Conviction” means:

a. A judgment of conviction, whether entered upon a finding of guilt or acceptance of a guilty plea or plea of nolo contendere, and the imposition of sentence; or

b. The staying of the entry of judgment and the placing of the defendant on probation after a finding of guilty or the acceptance of a plea of nolo contendere.

8. “Drug” means any controlled dangerous substance, non-prescription drug, or prescription drug, taken into the body, which may impair one’s mental faculties and/or change one’s mood and/or physical performance.

9. “Drug-Related Offenses” means:

a. Crimes listed under the Maryland Controlled Dangerous Substances Act, Md. Code Ann., Crim. Law §§ 5-101 through 5-1101.

b. Driving or attempting to drive while under the influence of drugs or drugs and alcohol under Md. Code Ann., Transp. § 21-902.

c. Operating or attempting to operate a vessel while under the influence of drugs or drugs and alcohol under Md. Code Ann., Nat. Res. § 8-738.

10. “Employee” means:

a. A merit-protected (classified), at will (unclassified), contractual, key employee, or other employee or official in the Executive Branch;

b. A volunteer who provides a service to or for a unit in the Executive Branch; or

c. A member of a Board or Commission in the Executive Branch.

11. “Impaired” means reduced cognitive or physical ability that results from use of drugs, alcohol, cannabis, or controlled dangerous substances.

12. “Intoxicating Cannabinoid” means a product intended for human consumption or inhalation that contains more than 0.5 milligrams of tetrahydrocannabinol per serving.

13. “Medical Cannabis” means all parts of any plant of the genus cannabis, whether growing or not, including:

a. The seeds of the plant;

b. The resin extracted from any part of the plant; and

c. Any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin including tetrahydrocannabinol and all other naturally produced cannabinoid derivatives, whether produced directly or indirectly by extraction.

d. Medical cannabis does not include:

i. Hemp, as defined in Md. Code Ann., Agric. § 14-101;

ii. Mature stalks of the plant or fiber produced from the mature stalks;

iii. Oil or cake made from the seeds of the plant;

iv. Any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake; or

v. The sterilized seed of the plant that is incapable of germination.

14. “Non-Prescription Drug” means any over-the-counter drug that is available without a written prescription by an authorized medical professional.

15. “Prescription Drug” means a drug that may be dispensed only on the prescription of a health practitioner who is authorized by law to prescribe the drug.

16. “Safety-Sensitive Employee” means an employee who operates heavy machinery and includes, but are not limited to, an operator of a crane, winch, or top loader and a driver of hustler or forklift.

17. “Sensitive Employee” means an employee whose classification or position has been designated sensitive by the Secretary of Budget and Management or the Secretary's designated representative, or the employee’s appointing authority.

18. “Sensitive Classification” means a classification in which the Secretary of Budget and Management or the Secretary's designated representative has determined that any of the following conditions exists:

a. An employee in the classification has a substantially significant degree of responsibility for the safety of others and there is a potential that impaired performance of the employee could result in death of or injury to the employee or others;

b. An employee in the classification is required to carry a firearm;

c. An employee in the classification is directly involved in efforts to interdict the flow of narcotics; or

d. An employee in the classification is directly involved with narcotics law enforcement.

19. “Sensitive Position” means a position for which an appointing authority has determined that any of the conditions listed in Section B(17) of this executive order exists, but which is not in a sensitive classification.

20. “Substance” means alcohol, drugs, or cannabis.

21. “Substance Abuse” means:

a. The use of an illegal drug;

b. The intentional misuse of any legal drug that results in workplace impairment and/or impaired job performance;

c. The intentional use of any prescription drug in a manner inconsistent with its medically prescribed, intended use, or under circumstances where its use is not permitted;

d. The use of alcohol where such use results in workplace impairment and/or impairs job performance;

e. The use of cannabis where such use results in workplace impairment and/or impairs job performance; or

f. The intentional and inappropriate use of any substance, legal or illegal, which impairs job performance.

22. “Workplace” means any place where an employee is performing work for the State of Maryland.

23. “Work Time” means time during which an employee:

a. Is on duty, whether at the employee’s principal work site or at a remote location as part of the State's telecommuting program;

b. Participates in training activities as a job assignment;

c. Is on the employer's premises and is on call and waiting for work;

d. Is not on the employer's premises, but is on call and waiting for work, and the employee's personal activities are substantially restricted;

e. Is changing into and removing program-specified clothing and equipment necessary for the performance of the job;

f. Participates in activities that are job-related immediately before the beginning or immediately after the end of an assigned shift;

g. Travels to and from work after being recalled to work by the appointing authority or the appointing authority's designated representative after the employee has completed the standard workday;

h. Travels to and from work after being called to work by the appointing authority or the appointing authority's designated representative on the employee's scheduled day off if the employee works fewer than 8 hours as a result of being called on the employee's scheduled day off;

i. Travels between home and a work site other than the assigned office, in accordance with the Standard Travel Regulations,

j. Work time includes any other time defined as work time under the Fair Labor Standards Act, 29 U.S.C. §201 et seq., if applicable.

C. General Policy. The State of Maryland establishes the following Substance Abuse Policy for the Executive Branch of State Government:

1. All employees in the workplace must be capable of performing their duties. An employee shall not report to work, or spend any work time, in an unfit condition to perform their duties.

2. Substance abuse by any employee is prohibited at all times.

3. Employees experiencing substance use problems are encouraged to seek assistance through:

a. Their employer;

b. Referral to the Employee Assistance Program (“EAP”);

c. Self-referral to the MyMDCares program or similar state-sponsored assistance program; or

d. Self-referral to an alternative certified rehabilitation program.

D. Alcohol & Cannabis Abuse Policy.

1. Alcohol & Cannabis. An employee shall not report to work, or spend any work time, under the influence of alcohol, cannabis, or intoxicating cannabinoids. Any employee who reports to work, or spends any work time, with their mental or physical abilities impaired by alcohol or cannabis, is in violation of this policy and shall be subject to disciplinary action.

2. Employees may not consume alcohol or consume, smoke, or otherwise ingest cannabis or intoxicating cannabinoid on State property, at any worksite, or during work hours or while on work time. This conduct is also prohibited for employees on official business, whether on or off State Property.

3. The unlawful manufacture, distribution, dispensation, possession, or use of cannabis or intoxicating cannabinoids is prohibited on State property, at any worksite, or during work hours or while on work time.

4. Employees are prohibited from consuming alcohol and/or cannabis and/or being under the influence of alcohol, cannabis, or an intoxicating cannabinoid while operating State equipment, vehicles, or other property.

5. Employees are prohibited from committing alcohol or cannabis-related offenses or offenses relating to intoxicating cannabinoids.

6. Employees who plead guilty, accept a plea of nolo contendere, receive a probation before judgment, or are convicted of an alcohol or cannabis-related offense or an offense relating to intoxicating cannabinoids are in violation of this policy and must report the disposition of the case to their supervisor and/or appointing authority no later than five (5) workdays after the disposition.

7. Medical Cannabis. Employees who are registered and certified medical cannabis patients may not possess, consume, smoke, or otherwise ingest cannabis on State property, at any worksite or during Work Time.

8. Employees who are registered and certified medical cannabis patients are responsible for consulting the certifying provider to ascertain whether the medical cannabis will interfere with the safe performance of their job duties.

9. If the use of any medical cannabis could compromise an employee’s performance or the safety of the employee, fellow employees, or the public, it is the employee’s responsibility to notify their supervisor and/or appointing authority and use appropriate leave to avoid unsafe work practices.

E. Drug Abuse Policy.

1. Prescription & Over-The-Counter Drugs. Prescription and over-the-counter drugs must be taken in standard dosage and/or according to a physician’s prescription.

2. Employees who take prescribed or over-the-counter medications are responsible for consulting the prescribing physician and/or pharmacist to ascertain whether the medication will interfere with the safe performance of their job duties.

3. If the use of any prescription or over-the counter drug could compromise an employee’s performance or the safety of the employee, fellow employees, or the public, it is the employee’s responsibility to notify their supervisor and/or appointing authority and use appropriate leave to avoid unsafe work practices.

4. An employee shall not report to work, or spend any work time, under the inappropriate influence of prescription or over-the-counter drugs. Any employee who reports to work, or spends any work time, with their mental or physical abilities inappropriately impaired by prescription or over-the-counter drugs is in violation of this policy and shall be subject to disciplinary action.

5. Controlled Dangerous Substances. Any employee who reports to work, or spends any work time, with their mental or physical abilities impaired by a controlled dangerous substance is in violation of this policy and shall be subject to disciplinary action.

6. The unlawful manufacture, distribution, dispensation, possession, or use of controlled dangerous substances is prohibited on State property, at any worksite, or during work hours or while on work time.

7. Employees are prohibited from committing controlled dangerous substance offenses.

8. Employees who plead guilty, accept a plea of nolo contendere, receive a probation before judgment, or are convicted of a controlled dangerous substance offense, are in violation of this policy and must report the disposition of the case to their supervisor and/or appointing authority no later than five (5) workdays after the disposition.

9. General Drug Abuse Policies. Employees are prohibited from committing drug-related offenses.

10. Employees who plead guilty, accept a plea of nolo contendere, receive a probation before judgment, or are convicted of a drug-related offense, are in violation of this policy and must report the disposition of the case to their supervisor and/or appointing authority no later than five (5) workdays after the disposition.

F. General Sanctions. Any employee in violation of this Executive Order shall be subject to appropriate progressive disciplinary action up to and including termination.

G. Specific Sanctions.

1. A sensitive or safety-sensitive employee shall be suspended for fifteen (15) days and required to successfully participate in an alcohol or cannabis treatment program designated by an EAP the first time the employee is:

a. Convicted of an at-the-workplace alcohol or cannabis-related offense; or

b. Found under the influence of alcohol or cannabis while at-the-workplace.

2. A sensitive or safety-sensitive employee convicted of an out-of-workplace alcohol or cannabis-related offense, and a non-sensitive or safety-sensitive employee convicted of any alcohol or cannabis-related offense shall:

a. On the first conviction be referred to an EAP and subject to any other appropriate disciplinary actions;

b. On the second conviction, at a minimum, be suspended for at least five (5) days, be referred to an EAP, be required to participate successfully in a treatment program, and be subject to any other appropriate disciplinary actions, up to and including termination;

c. On the third conviction, be terminated.

3. A sensitive or safety-sensitive employee convicted of any controlled dangerous substance offense shall be terminated.

4. A sensitive or safety-sensitive employee who tests positive for a controlled dangerous substance as a result of a random drug test shall be suspended for fifteen (15) workdays and be required to successfully participate in a drug treatment program designated by an EAP, as provided for by the appointing authority's drug testing protocol.

5. A sensitive or safety-sensitive employee who abuses a legally prescribed drug or an over-the-counter drug shall, on the first offense:

a. Be suspended for five (5) workdays; and

b. Be required to participate successfully in a drug treatment program designated by an EAP.

H. Assistance & Treatment.

1. An employee may request referral to the EAP for access to confidential professional assistance for substance use problems or may self-refer to the MyMDCares program or similar state-sponsored assistance program to receive confidential professional assistance.

2. Employees will not be terminated solely for requesting referral to the EAP or voluntarily obtaining other assistance and/or treatment for a substance use problem. The State of Maryland encourages any employee who needs such assistance and treatment to seek and obtain it. However, participation in a treatment or recovery program will neither relieve employees from the requirement of satisfactory job performance, nor insulate them from termination or adverse personnel actions for failing to comply with any of the State’s policies and procedures.

3. Substance abuse-related disciplinary actions, up to and including termination, may be, but do not have to be, held in abeyance pending an employee’s completion of an assistance and treatment program. The option of holding a disciplinary action in abeyance is not an employee entitlement or right but is a privilege to be granted at the discretion of the appointing authority, in consultation with the Department of Budget and Management, or the individual responsible for Human Resources for the respective State agency under appropriate circumstances.

I. Implementation.

1. The Secretary of Budget & Management and the head of every other personnel system in the Executive Branch shall adopt such policies and regulations as are necessary or desirable for the implementation of this Executive Order.

2. All appointing authorities and supervisory employees are responsible for implementing, enforcing, and monitoring compliance with the requirements of this Executive Order.

3. All employees are required to acknowledge receipt of a copy of this Executive Order by returning an acknowledgement of receipt to their supervisor for insertion in their personnel file.

J. Enforcement.

1. If a supervisor or appointing authority observes any signs of possible substance abuse in any employee during working hours, this shall constitute reasonable grounds for an investigation.

2. If a non-supervisory employee observes any signs of possible substance abuse in any employee during working hours and reports it to a supervisor or appointing authority, this shall constitute reasonable grounds for an investigation.

3. A supervisor and/or appointing authority, on observing such signs or receiving a report, in consultation with the Department of Budget and Management, or the individual responsible for Human Resources for the respective State agency, should investigate by appropriate measures.

4. If the supervisory investigation supports a conclusion of substance abuse by the investigated employee(s), the supervisor and/or appointing authority shall consult the Department of Budget and Management, the individual responsible for Human Resources for the respective State agency, or the State Medical Director to determine the appropriate next steps, which may include testing.

5. When an appointing authority learns or based on observation or reliable information, suspects that an employee has committed an alcohol-related offense, cannabis-related offense, controlled dangerous substance offense, or other drug-related offense, the appointing authority shall refer the matter to the appropriate law enforcement authority for further investigation and prosecution.

6. All employees shall cooperate fully with law enforcement authorities in the investigation and prosecution of suspected criminal violations.

K. Employee Education. All appointing authorities shall educate and inform their employees about:

1. The dangers of drug and alcohol abuse in the workplace;

2. The State of Maryland's policy of maintaining a drug-free workplace;

3. Any drug and alcohol abuse counseling, rehabilitation, and EAP that is available; and

4. The penalties that may be imposed upon employees for violations of this Executive Order.

L. This policy does not constitute or create an express or implied contract. It is not intended to, and does not, create contractual obligations with respect to any matter it covers.

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

N. If a State entity is subject to a federal law or regulation that conflicts with this Executive Order, the federal law or regulation shall take precedence.

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

 

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

WES MOORE
Governor

 

ATTEST:

SUSAN C. LEE
Secretary of State

[23-25-07]

 

EXECUTIVE ORDER 01.01.2023.17

Commission to Establish a Memorial to Veterans of the Global War on Terrorism

 

WHEREAS, Marylanders have a long and storied history of serving their country in uniform, dating to the days of the American Revolutionary War;

 

WHEREAS, 115,000 Marylanders served in uniform in operations related to the Global War on Terrorism;

 

WHEREAS, Tens of thousands of military spouses and other family members supported the members of the United States Armed Forces who served during the Global War on Terrorism;

 

WHEREAS, 129 Marylanders lost their lives in service to their country during the Global War on Terrorism; and

 

WHEREAS, It is essential that the State of Maryland recognize the service and sacrifice of these soldiers, sailors, airmen, marines, and their families,

 

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

A. Establishment. There is a Commission to Establish a Memorial to Veterans of the Global War on Terrorism.

B. Membership. The Commission consists of the following members:

(1) the Secretary of Veterans Affairs, or the Secretary’s designee, who shall serve as Chair of the Commission;

(2) the Secretary of General Services, or the Secretary’s designee;

(3) two representatives of the Maryland Veterans Commission, designated by the

Secretary of Veterans Affairs;

(4) four representatives of veteran services organizations, designated by the Secretary of Veterans Affairs; and

(5) one representative of the Maryland National Guard, designated by the Adjutant General of Maryland.

C. Duties. The Commission shall:

(1) Provide recommendations for the funding, design, construction, and placement of an appropriate memorial dedicated to Marylanders who fought in the Global War on Terrorism and their families;

(2) On or before April 1, 2024, submit a preliminary report on its findings and recommendations to the Governor and, in accordance with § 2-1257 of the State Government Article, to the General Assembly; and

(3) On or before December 1, 2024, submit a final report on its findings and recommendations to the Governor and, in accordance with § 2-1257 of the State Government Article, to the General Assembly.

D. Operational Support. The Department of Veterans Affairs shall provide staff for the Commission.

E. Expenses. A member of the Commission may not receive compensation for their services, but may be reimbursed for reasonable expenses incurred in the performance of their duties, in accordance with the Standard State Travel Regulations, as provided in the State budget.

F. Procedures.

(1) The Commission Chair may convene meetings of the Commission and shall preside over the meetings.

(2) The Commission shall conduct its first meeting following the submission of the final report of the Commission to Establish a Maryland Women Veterans Memorial.

(3) The Commission shall meet as often as its duties require.

(4) A majority of the Commission members shall constitute a quorum for the transaction of any business;

(5) The Commission may adopt such other procedures and by-laws as may be necessary to ensure the orderly transaction of business.

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

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

 

GIVEN Under My Hand and the Great Seal of the State of Maryland, in the City of Annapolis, this 9th Day of November, 2023.

WES MOORE
Governor

 

ATTEST:

SUSAN C. LEE
Secretary of State

[23-25-08]

 

EXECUTIVE ORDER 01.01.2023.18

Preventing Suicide Among Military Service Members, Veterans and Their Families

 

WHEREAS, Suicide among service members, veterans, and their families is widespread and preventable, and Maryland is committed to addressing this pressing challenge head on;

 

WHEREAS, The suicide rate among veterans is double the general population suicide rate across all age groups in Maryland and suicide rates among service members and families is troublingly high;

 

WHEREAS, The United States Department of Veterans Affairs (the “VA”) and the United States Department of Health and Human Services’ Substance Abuse and Mental Health Services Administration (“SAMHSA”) have created the Governor’s Challenge to Prevent Suicide Among Service Members, Veterans, and Families to encourage the adoption and implementation of suicide prevention best practices;

 

WHEREAS, The prevention of suicide by service members, veterans, and their families requires a comprehensive public health approach, bringing together key State leaders to develop strategic action plans focused on preventing suicide in the veterans, military and military-connected community;

 

WHEREAS, Maryland, working alongside the federal government, local governments, private sector entities, and non-profit organizations, will develop an action plan designed to combat the serious issue of suicide among service members, veterans and their families;

 

WHEREAS, Screening for a military service connection in varied interactions can provide opportunities for assessment for suicide risk and appropriate referrals to suicide prevention services, to ensure that veterans and members of the military community are not left behind.

 

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

A. The Secretary of Health and the Secretary of Veterans Affairs, or their respective designees (the “Secretaries”), shall jointly lead Maryland’s efforts to prevent suicide among service members, veterans and their families.

B. The Secretaries of Health and Veterans Affairs shall convene an annual meeting at a time and place to be determined, to discuss and assess the State’s efforts to prevent suicide among service members, veterans and their families.

C. Within 30 days of the issuance of this Executive Order, the Secretaries of Health and Veterans Affairs shall conduct a review of the State’s short term suicide prevention strategy to identify any necessary adjustments.

D. Thereafter, in cooperation and in consultation with the appropriate State Agencies, the Secretaries shall launch a statewide “Ask the Question” campaign to provide standardized tools to all State Agencies, local governments, private sector entities, and non-profit organizations to screen constituents and customers for a military service connection in order to provide opportunities for appropriate referrals and assessment for suicide risk.

E. The Secretaries shall, though outreach and other appropriate means, elevate awareness of available funding for Maryland counties to advance goals set forth in the Governor’s Challenge, including developing a coordinated intervention plan to respond to service members, veterans, and their families experiencing mental health crises, and help identify counties ready to implement the Challenge.

F. The Secretaries shall engage with the VA and SAMHSA to facilitate community and State-level efforts to prevent suicide by service members, veterans, and their families, using all available resources.

G. Every agency, department, office, division, or public authority of the State shall cooperate with the Secretaries, and, to the fullest extent permitted by law, shall furnish such information and assistance as the Secretaries determine is reasonably necessary to accomplish the purposes of this Executive Order.

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

 

GIVEN Under My Hand and the Great Seal of the State of Maryland, in the City of Annapolis, this 9th Day of November, 2023.

WES MOORE
Governor

 

ATTEST:

SUSAN C. LEE
Secretary of State

[23-25-09]

 

EXECUTIVE ORDER 01.01.2023.19

(Rescinds Executive Order 01.01.2013.05)

 

Procurement Guidelines: Authorizing Project Labor Agreements for Large-Scale Public Work Contracts and Promoting Apprenticeship Agreements and Community Hiring

 

WHEREAS, When investing significant public resources, the State of Maryland has a compelling interest in taking steps to ensure the timely, safe, and economical completion of public work projects and public-private partnerships;

 

WHEREAS, When investing significant public resources, the State of Maryland also has a compelling interest in considering the impact on the development of critical job skills needed in construction, the expansion of employment opportunities for residents, and the overall economic benefits to the State of Maryland and its economy;

 

WHEREAS, Large-scale public work projects pose significant challenges to efficient and timely procurement by units within the executive branch of Maryland State Government;

 

WHEREAS, Construction employers do not have a permanent workforce, which makes it difficult to predict labor costs when bidding on contracts and to ensure a steady supply of labor on contracts being performed. Challenges also arise because construction projects typically involve multiple employers at a single location and labor disputes involving one employer can delay the entire project;

 

WHEREAS, Lack of coordination among various employers and uncertainty about the terms and conditions of employment of various groups of workers, can create friction and disputes in the absence of an agreed-upon resolution;

 

WHEREAS, Labor and employment disputes threaten the efficient and timely completion of public work projects undertaken by State contractors; especially on large-scale projects which are generally complex and long-term;

 

WHEREAS, Project labor agreements are often effective in preventing labor and employment-related disputes because they provide structure and stability to large-scale public work projects;

 

WHEREAS, In appropriate circumstances, project labor agreements can facilitate the timely and efficient completion of large-scale public work projects by making available a ready, reliable, and adequate supply of highly trained and skilled craft workers, permitting public and private owners and contractors to accurately determine project labor costs at the outset and to establish working conditions for the duration of the project, as well as provide a negotiated commitment as a legally enforceable means of assuring labor stability and avoiding disruptions such as strikes, lockouts, or slowdowns over the life of the project;

 

WHEREAS, The use of project labor agreements should only be considered in those limited circumstances when such an agreement clearly benefits the interests of the State from a cost-effective, efficiency, quality, health, safety, and timeliness standpoint;

 

WHEREAS, The potential benefits of any proposed project labor agreement must be carefully considered with respect to the effect such an agreement may have on competitive bidding, project costs, and women and minority-owned businesses;

 

WHEREAS, Project labor agreements are of great potential economic benefit to the State in appropriate construction projects which will extend for a substantial period of time, and involve a substantial number of contractors, subcontractors, trades, and craft workers, employment opportunities, and have a substantial dollar value;

 

WHEREAS, Encouraging the growth of apprenticeship training programs in the Maryland construction industry and employment in local communities where projects are located, particularly in areas with high unemployment, will help protect the State’s interest in successful project delivery, promote critically needed workforce development in construction, and combat unemployment by expanding opportunities for individuals to develop their skills and compete for jobs in a rapidly changing economy; and

 

WHEREAS, It is the objective of the Moore-Miller Administration to advance policies that promote increased access to work, wages, and wealth.

 

NOW, THEREFORE, I, WES MOORE, GOVERNOR OF THE STATE OF MARYLAND, BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE CONSTITUTION AND LAWS OF MARYLAND, HEREBY RESCIND EXECUTIVE ORDER 01.01.2013.05 AND PROCLAIM THE FOLLOWING EXECUTIVE ORDER, EFFECTIVE IMMEDIATELY:

A. Scope. These guidelines apply to any State department, agency, authority, board, or instrumentality, within the executive branch of the Maryland State Government, that is under the control of the Governor.

B. Definitions. The following words have the meanings indicated:

1. “Community Benefit Agreement” means a contract signed by one or more recognized community association(s) and a labor organization that requires the labor organization to provide specific amenities, mitigations, economic impacts, local workforce training guarantees and/or other benefits in exchange for community support of a project.

2. “Construction” means the (1) process of building, altering, improving, or demolishing an improvement to real property and (2) includes any major work necessary to repair, prevent damage to, or sustain existing components of an improvement to real property, as defined in Md. Code Ann., State Fin. & Proc. § 11-101(f)(1)-(2).

3. “Labor Organization” means a labor organization as defined in Md. Code Ann., State Gov't § 20-601(i)(1)-(2) of which building and construction employees are members.

4. “Large-scale public work contract” means a contract for construction of a public work, as defined in Md. Code Ann., State Fin. & Proc. § 17-201(k), for which the total monies committed by the State, including direct funding, issuance of bonds, and tax increment financing is $20 million or more.

5. “Project Labor Agreement” is a pre-hire collective bargaining agreement between the successful bidder on a large-scale public work contract and one or more labor organizations that establishes terms and conditions of employment for all crafts performing work on a specific construction project.

6. “Recognized Community Association” means a community group located in an area impacted by the large-scale public work contract that is organized collectively around particular interests for the purpose of addressing issues and interests common to that community.

7. “Registered Apprenticeship Program” means a program that is registered with, and approved by, the U.S. Department of Labor or the Maryland Department of Labor, evidenced by a certificate of registration or other appropriate document as meeting the apprenticeship standards.

8. “Socioeconomic Procurement Programs” refer collectively to the State’s Minority Business Enterprise Program; Veteran-owned Small Business Enterprise Program; and Small Business Reserve Program.

9. “Socioeconomic Procurement Program Goals” refer to the State’s goals of directing 29% of all procurement expenditures towards certified Minority Business Enterprise firms and 1% towards certified Veteran-Owned Small Business Enterprise firms.

10. “Unit of State government” means an agency or unit of the Executive Branch of State government.

Authorizing Project Labor Agreements for Large-Scale Public Work Contracts

C. A unit of State government shall consider either (1) requiring the use of a project labor agreement or (2) including the use of a project labor agreement as an evaluation factor in connection with a large-scale public work contract that meets the criteria established in this Order.

D. The decision to require the use of a project labor agreement or include the use of a project labor agreement as an evaluation factor in connection with a large-scale public work contract shall be made on a project-by-project basis.

E. The decision to require the use of a project labor agreement or include the use of a project labor agreement as an evaluation factor in connection with a large-scale public work contract shall be made only where such an agreement will advance the State’s interest in cost-effectiveness, efficiency, quality, health, safety, timeliness, employing a skilled labor force, and producing labor stability.

F. In making the decision whether to require the use of a project labor agreement or include the use of a project labor agreement as an evaluation factor in connection with a large-scale public work contract, the following factors must be considered:

1. The potential for labor disruptions, such as strikes, lockouts, or slowdowns, which could affect completion of the project;

2. The number of trades and crafts anticipated to be used on the project;

3. The need and urgency of the project and the harm to the public if completion of the project is delayed;

4. The size and complexity of the project;

5. The funding sources for the project and whether the project includes federal funds;

6. The impact on project costs, if any, and the State’s obligation to encourage maximum practicable competition favoring open competitive bidding during the procurement process;

7. The impact on the State’s socioeconomic policies, including the policy to advance women and minority-owned businesses and their ability to compete.

G. The decision to require the use of a project labor agreement or include the use of a project labor agreement as an evaluation factor in connection with a large-scale public work contract shall be made prior to selecting the method of contracting for the project and shall be supported by written findings that clearly demonstrate how the use of a project labor agreement will benefit the project and the interests of the public and the State from a cost-effective, efficiency, quality, safety and timeliness standpoint. The fact that a project labor agreement will be used or included as an evaluation factor shall be set forth in the solicitation of bids issued for the project.

Requirements for Project Labor Agreements

H. Any project labor agreement reached pursuant to this Order shall:

1. Bind all contractors and subcontractors on the construction project through the inclusion of appropriate bid specifications in all relevant solicitation provisions and contract documents;

2. Allow all union and non-union contractors, subcontractors, and material suppliers who agree to abide by the terms of the project labor agreement to compete for work to be performed and materials to be provided without regard to whether they are otherwise parties to collective bargaining agreements;

3. Contain guarantees against strikes, lockouts, slowdowns, or other similar disruptions;

4. Set forth effective, prompt, and mutually binding procedures for resolving labor disputes arising before the work is completed;

5. Guarantee equal opportunities in employment and prohibit discrimination in recruiting, interviewing, hiring, upgrading, setting work conditions, or discharging employees or workers as required by federal and State law;

6. Demonstrate access to a reliable supply of properly trained labor personnel who possess the requisite skill and safety training to ensure successful project delivery;

7. Provide other mechanisms for labor-management cooperation on matters of mutual interest and concern, including productivity, quality or work, safety, and health;

8. Outline a diversity plan that details efforts and commitments to conduct outreach and recruitment for employment and apprenticeship positions in the large-scale public work contract for minority group members, members of disadvantaged communities, and women; and

9. Outline a plan that details how expenditures for the large-scale public work contract will support the State’s Socioeconomic Procurement Program Goals.

10. Fully conform to all State and federal statutes, regulations, and executive orders.

Incorporating Community Benefit Agreements

I. If a unit of State government decides to require the use of a project labor agreement in connection with a large-scale public work contract, the State unit shall consider requiring bidders to incorporate a community benefit agreement for appropriate projects.

Project Labor Agreements Not Required

J. This Order does not require a unit of State government to use or include the use of a project labor agreement as an evaluation factor in connection with a large-scale public work contract.

K. This Order does not promote the selection of any union, trade council, or labor organization.

Apprenticeship Programs for Public Projects and Public-Private Partnerships

L. A unit of State government shall consider whether it is in the best interest of the State to use contractors who participate in registered apprenticeship programs and offer a reliable plan for labor staffing on a public project or public-private partnership.

M. The decision to require or encourage the use of contractors who participate in registered apprenticeship programs and offer a reliable plan for labor staffing on a public project or public-private partnership shall be made on a project-by-project basis.

N. The decision to require or encourage the use of contractors who participate in registered apprenticeship programs and offer a reliable plan for labor staffing on a public project or public-private partnership shall be made only where such an agreement will advance the State’s interest in cost-effectiveness, efficiency, quality, health, safety, timeliness, employing a skilled labor force, and producing labor stability.

O. In making the decision to require or encourage the use of contractors who participate in registered apprenticeship programs and offer a reliable plan for labor staffing on a public project or public-private partnership, the unit of State government shall consider the totality of the circumstances, including the following factors:

1. The number of trades and crafts anticipated to be used on the project;

2. The need and urgency of the project and the harm to the public if completion of the project is delayed;

3. The size and complexity of the project;

4. The impact on project costs, if any, and the State’s obligation to encourage maximum practicable competition favoring open competitive bidding during the procurement process;

5. The impact on the State’s socioeconomic procurement program policies, including the policy to advance women and minority-owned businesses and their ability to compete; and

6. The impact on workforce development and construction and the potential for generating skills training and employment opportunities for state residents.

P. The decision to require or encourage the use of contractors who participate in registered apprenticeship programs and offer a reliable plan for labor staffing on a public project or public-private partnership shall be made prior to selecting the method of contracting for the project or partnership and shall be supported by written findings that set forth the justification.

Q. For public projects or public-private partnerships where the use of contractors who participate in registered apprenticeship programs and offer a reliable plan for labor staffing will be required or encouraged, applicable procurement documents shall clearly:

1. Specify whether such qualifications are mandatory or will be used as an evaluation factor in awarding the contract; and

2. State any applicable apprenticeship utilization targets or thresholds that will be considered in the determination.

R. The Maryland Department of Labor shall determine whether a proffered apprenticeship program is in compliance with applicable program requirements before the contracting agency makes a decision.

S. A successful bidder shall demonstrate how the bidder will have access to the reliable supply of properly trained labor personnel who possess the requisite skill and safety training to ensure successful delivery through either sponsoring an apprenticeship program that will supply apprentices to the project or reaching an agreement with an entity that operates a registered apprenticeship program that will ensure such supply.

T. The bidder’s fulfillment of the requirements under section (S) of this Order must be approved by the State unit overseeing the project.

Community Hiring in High Unemployment Areas

U. On public projects or public-private partnerships with projected costs exceeding $5 million, a unit of State government shall consider whether all or a substantial part of the project is within an area of higher than average unemployment and, if so, whether it is in the best interest of the State to weigh as a factor in the procurement or public notice of solicitation whether a bidder voluntarily submits a community hiring, training, and/or outreach plan for high unemployment areas.

V. If a unit of State government determines based on the totality of the circumstances, that it is in the best interests of the State to encourage the voluntary submission of a community hiring, training and/or outreach plan on a public project or public-private partnership, the decision shall be accompanied by the following:

1. A written finding that sets forth the reasons supporting the decision

2. A definition of “high unemployment area” and delineation of that area for purposes of the procurement or public notice of solicitation; and

3. An explanation of how the proffer of a community hiring, training, and/or outreach plan will be evaluated and weighed in the procurement or public notice of solicitation.

General Provisions

W. The guidelines contained in this Executive Order do not constitute or create an express or implied contract. It is not intended to, and does not, create contractual obligations with respect to any matter it covers.

X. Nothing in this Executive Order shall preclude a unit of State government from considering either (1) requiring the use of a project labor agreement or (2) including the use of a project labor agreement as an evaluation factor in connection with a large-scale public work contract where the State commitment is below $20 million.

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

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

 

GIVEN Under My Hand and the Great Seal of the State of Maryland, in the City of Baltimore, this 17th Day of November 2023.

WES MOORE
Governor

 

ATTEST:

 

SUSAN C. LEE
Secretary of State

[23-25-10]

 

EXECUTIVE ORDER 01.01.2023.20

State of Preparedness

 

WHEREAS The State of Maryland faces significant hazards and threats constituting emergencies that require a coordinated, collaborative effort across State agencies to effectively protect communities ahead of any potential impact, mitigate damage, prepare, respond, and coordinate recovery;

 

WHEREAS Maryland Code, Public Safety Article, § 14-102, authorizes a comprehensive emergency management system that empowers all State departments and agencies to systematically prepare for, mitigate, respond to, and recover from potential or actual emergencies through risk reduction and consequence management;

 

WHEREAS The Maryland Department of Emergency Management is responsible for coordinating the efforts of State agencies with different capabilities, subject matter expertise and access to data to ensure that Maryland families, communities, and key stakeholders are provided the tools they need to prepare for, mitigate the effects of, respond to, and recover from the consequences of all threats and hazards facing Maryland;

 

WHEREAS Pursuant to the Maryland Emergency Management Act, Md. Code, Public Safety Article, § 14-106 (b)(2), the Governor is vested with the power and authority to prepare and revise, as necessary, a comprehensive plan and program for the emergency operations of the State and to coordinate the preparation of plans and programs for emergency management operations;

 

WHEREAS Maryland’s emergency management preparedness and response activities are predicated on a tiered system that is federally supported, state managed & coordinated, and state & locally executed through county governments;

 

WHEREAS It is the policy of the State and the purpose of this order to coordinate, to the maximum extent possible, all emergency management functions of the State.

 

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

A. Definitions. In this Executive Order, the following terms have the meaning indicated.

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

(2) “State Coordinating Functions” provide the structure for coordinating State interagency support for State preparedness, response, and recovery efforts. They are comprised of one or more Lead State agencies and one or more Support State agencies as defined in the Maryland Consequence Management Operations Plan.

(3) “Public Emergency” as defined in the Maryland Emergency Management Act, Md. Code, Public Safety Article, § 14-301.

B. Declaring a State of Preparedness. When the Governor determines there is significant risk of a Public Emergency, the Governor by Executive Order may declare a State of Preparedness.

C. Upon declaring a State of Preparedness, the Department of Emergency Management shall, as necessary:

(1) Establish a common operating understanding of the incident or event’s level of risk as supported by information provided by State Coordinating Functions, county emergency management officials, and other credible sources;

(2) Convene State Coordinating Function leads and county emergency management officials;

(3) Convene a Senior Policy Group to streamline critical decisions and advise the Governor related to the risk, potential impacts, and preparedness actions of State Government; and

(4) Coordinate resource management in accordance with established systems to provide quick response in the event an emergency develops.

D. Under a State of Preparedness, State Agencies, through each State Coordinating Function, shall at a minimum:

(1) Provide all known or available information pertinent to the identified risk and associated hazards to the Maryland Department of Emergency Management to support its development of a common operating understanding for the potential emergency incident or event;

(2) Make available their existing subject matter experts related to the risk, potential hazards, and potential emergency responses;

(3) Assign personnel to an Advance Team, State Emergency Operations Center activation, or other coordinating entity identified by the Maryland Department of Emergency Management as requiring support; and

(4) Seek to fulfill resource requests with existing State resources prior to requesting aid from the Maryland Department of Emergency Management without limiting resource fulfillment to only those assets within the direct control of the department or agency assigned the request.

E. Nothing herein shall limit, abrogate, or preempt local authority for responding to an emergency unless:

(1) the emergency involves more than one political subdivision and one or more of the political subdivisions involved makes a request for State-level authority to coordinate or intervene;

(2) the political subdivision or subdivisions in which the emergency occurs issues a request from the senior elected official for the State to assume authority for the emergency;

(3) evidence exists that the political subdivision is overwhelmed by the emergency; or

(4) the Governor or the Governor's designee determines that additional resources are necessary to protect the public interest.

F. Nothing herein shall be construed to limit or abrogate the ongoing existing responsibilities of executive branch state agencies to coordinate, prepare and plan for emergencies and imminent threats and hazards to the state in coordination with the Maryland Department of Emergency Management.

G. At all times, in the absence of a declaration, State of Preparedness, or State of Emergency, executive branch state agencies will coordinate with the Maryland Department of Emergency Management for the public peace, safety and health of the State of Maryland, by engaging in emergency preparedness, disaster risk reduction, and consequence management operations and activities of the state as defined in the Maryland Department of Emergency Management’s Consequence Management Operations Plan and State of Maryland Hazard Mitigation Plan.

H. A State of Preparedness shall terminate:

(1) within thirty days (30);

(2) upon a State or federal declaration of a State of Emergency;

(3) upon a Presidential Disaster Declaration; or

(4) upon the Governor’s rescinding of the State of Preparedness.

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

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

 

GIVEN Under My Hand and the Great Seal of the State of Maryland, in the City of Annapolis, this 20th Day of November 2023.

WES MOORE
Governor

 

ATTEST:

SUSAN C. LEE
Secretary of State

[23-25-11]

 

 

The Judiciary

SUPREME COURT OF MARYLAND

DISCIPLINARY PROCEEDINGS

     This is to certify that by an Order of this Court dated November 21, 2023, CALISTRATOS SPIROS STAFILATOS (CPF# 0212190197), as of November 21, 2023, Calistratos Spiros Stafilatos’ name has been replaced on the register of attorneys permitted to practice law in the Supreme Court of Maryland. Notice of this action is given in accordance with Maryland Rule 19-761(b).

*   *   *   *   *   *   *   *   *   *

     This is to certify that by an Order of this Court dated November 21, 2023, DANA PAUL (CPF# 0206190177), as of November 21, 2023, Dana Paul’s name has been replaced on the register of attorneys permitted to practice law in the Supreme Court of Maryland. Notice of this action is given in accordance with Maryland Rule 19-761(b).

[23-25-03]

 

 

Final Action on Regulations

 

Symbol Key

   Roman type indicates text already existing at the time of the proposed action.

   Italic type indicates new text added at the time of proposed action.

   Single underline, italic indicates new text added at the time of final action.

   Single underline, roman indicates existing text added at the time of final action.

   [[Double brackets]] indicate text deleted at the time of final action.

 

 

Title 08
DEPARTMENT OF NATURAL RESOURCES

Subtitle 02 FISHERIES SERVICE

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

Authority: Natural Resources Article, §4-206, Annotated Code of Maryland

Notice of Final Action

[23-213-F]

On December 5, 2023, the Secretary of Natural Resources adopted amendments to Regulation .06 under COMAR 08.02.13 Fishing Licenses―Point Assignment, License Revocation and Suspension Schedule and Criteria, and Hearing Procedure. This action, which was proposed for adoption in 50:21 Md. R. 953—954 (October 20, 2023), has been adopted as proposed.

Effective Date: December 25, 2023.

JOSH KURTZ
Secretary of Natural Resources

 

Subtitle 04 BOATING

08.04.16 Special Uses Areas

Authority: Natural Resources Article, §§8-703 and 8-704, Annotated Code of Maryland

Notice of Final Action

[23-218-F]

On December 5, 2023, the Secretary of Natural Resources adopted amendments to Regulation .02 under COMAR 08.04.16 Special Uses Areas. This action, which was proposed for adoption in 50:21 Md. R. 954—956 (October 20, 2023), has been adopted as proposed.

Effective Date: December 25, 2023.

JOSH KURTZ
Secretary of Natural Resources

 

Title 10
MARYLAND DEPARTMENT OF HEALTH

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.41 Employed Individuals with Disabilities

Authority: Health-General Article, §15-138, Annotated Code of Maryland

Notice of Final Action

[23-160-F]

On November 17, 2023, the Secretary of Health adopted amendments to Regulations .03, .04, and .07 under COMAR 10.09.41 Employed Individuals with Disabilities. This action, which was proposed for adoption in 50:16 Md. R. 730—732 (August 11, 2023), has been adopted as proposed.

Effective Date: December 25, 2023.

LAURA HERRERA SCOTT
Secretary of Health

 

Subtitle 11 MATERNAL AND CHILD HEALTH

10.11.04 Lead Poisoning Screening Program

Authority: Environment Article, §6-303; Health-General Article, §18-106; Annotated Code of Maryland

Notice of Final Action

[23-121-F]

On November 17, 2023, the Secretary of Health adopted amendments to Regulations .02 and .04 under COMAR 10.11.04 Lead Poisoning Screening Program. This action, which was proposed for adoption in 50:15 Md. R. 689—690 (July 28, 2023), has been adopted as proposed.

Effective Date: December 25, 2023.

LAURA HERRERA SCOTT
Secretary of Health

 

Subtitle 19 DANGEROUS DEVICES AND SUBSTANCES

Notice of Final Action

[23-117-F]

On November 17, 2023, the Secretary of Health adopted:

(1) Amendments to Regulation .02 under COMAR 10.19.07 Prohibition of Child Care Products Containing TCEP or TDCPP; and

(2) New Regulations .01—.06 under a new chapter, COMAR 10.19.08 Prohibition of Consumer Products Containing Flame-Retardant Chemicals.

This action, which was proposed for adoption in 50:13 Md. R. 530—532 (June 30, 2023), has been adopted as proposed.

Effective Date: December 25, 2023.

LAURA HERRERA SCOTT
Secretary of Health

 

Subtitle 52 PREVENTIVE MEDICINE

10.52.08 Maryland HIV Prevention Case Management Program

Authority: Health-General Article, §24–1801, Annotated Code of Maryland

Notice of Final Action

[23-182-F]

On November 17, 2023, the Secretary of Health adopted the repeal of existing Regulations .01—.16 under existing COMAR 10.52.08 Maryland HIV Prevention Case Management Program and new Regulations .01—.05 under new COMAR 10.52.08 Maryland AIDS Drug Assistance Program Fund. This action, which was proposed for adoption in 50:18 Md. R. 816 (September 8, 2023), has been adopted as proposed.

Effective Date: December 25, 2023.

LAURA HERRERA SCOTT
Secretary of Health

 

Subtitle 65 BOARD OF MASSAGE THERAPY EXAMINERS

Notice of Final Action

[23-184-F]

On November 17, 2023, the Secretary of Health adopted:

(1) Amendments to Regulations .04—.15 and the repeal of Regulation .16 under COMAR 10.65.01 General Regulations;

(2) Amendments to Regulations .01 and .02, the repeal of existing Regulation .03, and the recodification of existing Regulation .04 to be Regulation .03 under COMAR 10.65.07 Fees; and

(3) New Regulations .01—.10 under a new chapter, COMAR 10.65.11 Curriculum Approval.

This action, which was proposed for adoption in 50:18 Md. R. 817—825 (September 8, 2023), has been adopted as proposed.

Effective Date: December 25, 2023.

LAURA HERRERA SCOTT
Secretary of Health

 

Title 11
DEPARTMENT OF TRANSPORTATION

Subtitle 04 STATE HIGHWAY ADMINISTRATION

11.04.02 General Conditions for Movement of Oversize and Overweight Vehicles

Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-204(b)—(d) and (i), 24-109, 24-112, 24-113, 24-113.2, and 24-113.3, Annotated Code of Maryland

Notice of Final Action

[23-161-F]

On December 4, 2023, the Maryland Transportation Authority adopted amendments to Regulation .05 under COMAR 11.04.02 General Conditions for Movement of Oversize and Overweight Vehicles. This action, which was proposed for adoption in 50:20 Md. R. 923—924 (October 6, 2023), has been adopted as proposed.

Effective Date: December 25, 2023.

PERCY E. DANGERFIELD
Acting Executive Director

 

Title 13A
STATE BOARD OF EDUCATION

Subtitle 01 STATE SCHOOL ADMINISTRATION

13A.01.05 Appeals to the State Board of Education

Authority: Education Article, §§2-205, 4-205, 6-202, and 7-305; State Government Article, §§10-122 and 10-201 et seq.; Annotated Code of Maryland

Notice of Final Action

[23-196-F]

On December 5, 2023, the State Board of Education adopted amendments to Regulations .01—.04, .08, .10, and .12 under COMAR 13A.01.05 Appeals to the State Board of Education. This action, which was proposed for adoption in 50:19 Md. R. 856—858 (September 22, 2023), has been adopted as proposed.

Effective Date: December 25, 2023.

CAREY M. WRIGHT, Ed.D.
Interim State Superintendent of Schools

 

Subtitle 01 STATE SCHOOL ADMINISTRATION

13A.01.07 Nondiscrimination in Education

Authority: Education Article, §§2-303, 4-108, and 26-701 et seq.; State Government Article, §§10-122 and 10-201 et seq., Annotated Code of Maryland; Federal Statutory References: 29 U.S.C. §794 et seq. and
42 U.S.C. §12101 et seq.

Notice of Final Action

[23-176-F]

On December 5, 2023, the State Board of Education adopted new Regulations .01—.07 under a new chapter, COMAR 13A.01.07 Nondiscrimination in Education. This action, which was proposed for adoption in 50:19 Md. R. 858—860 (September 22, 2023), has been adopted as proposed.

Effective Date: December 25, 2023.

CAREY M. WRIGHT, Ed.D.
Interim State Superintendent of Schools

 

Notice of Final Action

[23-207-F]

On December 5, 2023, the State Board of Education adopted:

(1) New Regulation .04-1 under COMAR 13A.15.13 Inspections, Complaints, and Enforcement;

(2) Amendments to Regulations .01 and .02 under COMAR 13A.15.14 Administrative Hearings;

(3) New Regulation .04-1 under COMAR 13A.16.17 Inspections, Complaints, and Enforcement;

(4) Amendments to Regulations .01 and .02 under COMAR 13A.16.18 Administrative Hearings;

(5) New Regulation .04-1 under COMAR 13A.17.15 Inspections, Complaints, and Enforcement;

(6) Amendments to Regulations .01 and .02 under COMAR 13A.17.16 Administrative Hearings;

(7) New Regulation .04-1 under COMAR 13A.18.14 Inspections, Complaints, and Enforcement; and

(8) Amendments to Regulations .01 and .02 under COMAR 13A.18.15 Administrative Hearings.

This action, which was proposed for adoption in 50:20 Md. R. 932—936 (October 6, 2023) has been adopted as proposed.

Effective Date: December 25, 2023.

CAREY M. WRIGHT, Ed.D.
Interim State Superintendent of Schools

 

Title 14
INDEPENDENT AGENCIES

Subtitle 01 PRESCRIPTION DRUG AFFORDABILITY BOARD

14.01.01 General Provisions

Authority: Health-General Article, §21-2C-03(f)(1), Annotated Code of Maryland

Notice of Final Action

[23-194-F]

On November 27, 2023, the Maryland Prescription Drug Affordability Board adopted amendments to Regulation .01 and new Regulations .02—.05 under COMAR 14.01.01 General Provisions. This action, which was proposed for adoption in 50:19 Md. R. 861—864 (September 22, 2023), has been adopted as proposed.

Effective Date: December 25, 2023.

ANDREW W. YORK
Executive Director

 

Subtitle 01 PRESCRIPTION DRUG AFFORDABILITY BOARD

14.01.04 Cost Review Study Process

Authority: Health-General Article, §§21-2C-03(f)(1), 21-2C-08(b), and
21-2C-09, Annotated Code of Maryland

Notice of Final Action

[23-195-F]

On November 27, 2023, the Maryland Prescription Drug Affordability Board adopted new Regulations .01—.05 under a new chapter, COMAR 14.01.04 Cost Review Study Process. This action, which was proposed for adoption in 50:19 Md. R. 864—869 (September 22, 2023), has been adopted with the nonsubstantive changes shown below.

Effective Date: December 25, 2023.

Attorney General’s Certification

In accordance with State Government Article, §10-113, Annotated Code of Maryland, the Attorney General certifies that the following changes do not differ substantively from the proposed text. The nature of the changes and the basis for this conclusion are as follows:

COMAR 14.01.04.02D(2)(a): The Board is correcting a scrivener’s error (word order) from “patient total” to “total patient” identified during the comment process.

.02 Identifying Drugs Eligible for Cost Review.

A.—C. (proposed text unchanged)

D. To the extent practicable, and in addition to the statutory metrics set forth in Health-General Article, §21-2C-08(c), Annotated Code of Maryland, the Board may consider the following additional metrics and criteria to identify prescription drug products eligible for selection for a cost review study:

(1) (proposed text unchanged)

(2) Patient Out-of-Pocket Costs:

(a) The 100 prescription drug products with the highest [[patient]] total patient out-of-pocket costs in the most recent available calendar year;

(b)—(d) (proposed text unchanged)

(3) (proposed text unchanged)

E.—F. (proposed text unchanged)

ANDREW W. YORK
Executive Director

 

Title 21
STATE PROCUREMENT REGULATIONS

Notice of Final Action

[23-089-F]

On November 29, 2023, the Board of Public Works adopted amendments to:

(1) Regulation .14 under COMAR 21.05.02 Procurement by Competitive Sealed Bidding;

(2) Regulation .03 under COMAR 21.05.03 Procurement by Competitive Sealed Proposals; and

(3) Regulation .10 under COMAR 21.11.03 Minority Business Enterprise Policies.

This action, which was proposed for adoption in 50:13 Md. R. 539—541 (June 30, 2023), has been adopted as proposed.

Effective Date: December 25, 2023.

JOHN T. GONTRUM
Executive Secretary

 

Title 26
DEPARTMENT OF ENVIRONMENT

Subtitle 11 AIR QUALITY

26.11.43 Advanced Clean Trucks Program

Authority: Environment Article, §§1-404, 2-102, 2-103, 2-301, 2-1102,
2-1103, and 2-1103.1, Annotated Code of Maryland

Notice of Final Action

[23-149-F-I]

On November 28, 2023, the Secretary of the Environment adopted new Regulations .01—.05 under a new chapter, COMAR 26.11.43 Advanced Clean Trucks Program. This action, which was proposed for adoption in 50:18 Md. R. 836—840 (September 8, 2023), has been adopted as proposed.

Effective Date: December 25, 2023.

SERENA McILWAIN
Secretary of the Environment

 

Title 33
STATE BOARD OF ELECTIONS

Notice of Final Action

[23-156-F]

On September 29, 2023, the State Board of Elections adopted:

(1) New Regulations .01—.05 under a new chapter, COMAR 33.13.21 Online Platforms; and

(2) Amendments to Regulation .02 under COMAR 33.18.01 Civil Penalties.

This action, which was proposed for adoption in 50:15 Md. R. 705—706 (July 28, 2023), has been adopted as proposed.

Effective Date: December 25, 2023.

MORGAN RHODEN
Deputy Director of Election Reform

 

 

Withdrawal of RegulationsTitle 05
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

Subtitle 20 REVITALIZATION PROGRAMS

05.20.05 Catalytic Revitalization Project Tax Credit

Authority: Housing and Community Development Article, §6-904, Annotated Code of Maryland

Notice of Withdrawal

[22-265-W]

Pursuant to State Government Article, §10-116(b), Annotated Code of Maryland, notice is given that the proposal to adopt new Regulations .01—.12 under a new chapter, COMAR 05.20.05 Catalytic Revitalization Project Tax Credit, which was published in 49:25 Md. R. 1054—1057 (December 2, 2022), has been withdrawn by operation of law.

GAIL KLAKRING
Administrator
Division of State Documents

 

Title 13A
STATE BOARD OF EDUCATION

Subtitle 07 SCHOOL PERSONNEL

13A.07.08 Incentive Program for Certification by the National Board for Professional Teaching Standards

Authority: Education Article, [§6-112] §§6-1001(e), 6-1012, and 6-1013, Annotated Code of Maryland

Notice of Withdrawal

[23-227-W]

The State Board of Education withdraws the proposal to amend Regulations .01—.06 and repeal Regulations .07 and .08 under COMAR 13A.07.08 Incentive Program for Certification by the National Board for Professional Teaching Standards, as published in 50:22 Md. R. 986—988 (November 3, 2023).

CAREY M. WRIGHT, Ed.D.
Interim State Superintendent of Schools

 

Title 26
DEPARTMENT OF ENVIRONMENT

Subtitle 04 REGULATION OF WATER SUPPLY, SEWAGE DISPOSAL, AND SOLID WASTE, AND RECYCLABLE MATERIALS

26.04.01 Quality of Drinking Water in Maryland

Authority: Environment Article, Title 9, Subtitles 2 and 4, Annotated Code of Maryland

Notice of Withdrawal

[22-312-W-I]

The Secretary of the Environment withdraws the proposal to amend to Regulations .01, .01-1, and .20 and adopt new Regulation .37 under COMAR 26.04.01 Quality of Drinking Water in Maryland, as published in 50:3 Md. R. 106—108 (February 10, 2023).

SERENA McILWAIN
Secretary of the Environment

 

Proposed Action on Regulations

 


Title 08
DEPARTMENT OF NATURAL RESOURCES

Subtitle 01 OFFICE OF THE SECRETARY

08.01.03 Off-Road Vehicles

Authority: Natural Resources Article, §§5-201 and 5-209, Annotated Code of Maryland

Notice of Proposed Action

[23-268-P]

The Secretary of Natural Resources proposes to amend Regulations .11 and .12 under COMAR 08.01.03 Off-Road Vehicles.

Statement of Purpose

The purpose of this action is to rename the official name of the Negro Mountain Trail, a designated snowmobile (ORV) trail in Savage River State Forest, to the Bowman Hill North Trails. The change will be followed by signage discussing the original name of the trail, the context of the meaning locally, and the need to remember Maryland’s past, while ensuring an atmosphere of inclusivity for all trail users. This action also updates the official map of the trail in question to reflect the proposed name change.

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 Maryland Forest Service,  Forest Resource Planning staff, Department of Natural Resources, 2 S. Bond Street, Suite 101, Bel Air, MD 21014, or call 410-836-4571, or email to stateforests.dnr@maryland.gov. Comments will be accepted through January 16, 2024. A public hearing has not been scheduled.

.11 Designated Trails.

A.—C. (text unchanged)

D. Savage River State Forest in Garrett County.

(1)—(4) (text unchanged)

(5) [Negro Mountain Trail] Bowman Hill North Trails (Map Number 6) coincides with portions of the forest access roads through compartments and may be used only by snowmobiles from December 15 through April 15, and may not be used by any ORV for the remainder of the year, except as provided under Regulation .06A(3)(b) of this chapter.

(6) (text unchanged)

E.—F. (text unchanged)

.12 Official Maps.

Maps 1—5 (text unchanged)

Map 6—Savage River State Forest, [Negro Mountain Trail] Bowman Hill North Trails, Garrett County, MD — see Map 6.

Maps 7—11 (text unchanged)

JOSH KURTZ
Secretary of Natural Resources

 

Title 09
MARYLAND DEPARTMENT OF LABOR

Subtitle 08 HOME IMPROVEMENT COMMISSION

Notice of Proposed Action

[23-279-P]

The Maryland Home Improvement Commission proposes to amend:

(1) Regulation .18 under COMAR 09.08.01 General Regulations; and

(2) Regulation .02 under COMAR 09.08.07 Fees.

This action was considered by the Home Improvement Commission on October 5, 2023.

Statement of Purpose

The purpose of this action is to increase MHIC fees to cover operating expenses and increase the Home Improvement Guaranty Fund assessment for license renewals to maintain the fund balance following statutory increases in maximum awards.

Estimate of Economic Impact

I. Summary of Economic Impact. The fee and assessment increases will result in modest operating expense increases for regulated persons, which may be passed on to consumers via higher prices. The fee increases will impact MHIC by increasing its operating budget, which should help maintain the quality of customer service. The assessment increases will reduce the need for the imposition of one-off assessments to maintain the $1,000,000 statutory minimum fund balance.

II. Types of Economic Impact.

Impacted Entity

Revenue (R+/R-)

Expenditure (E+/E-)

Magnitude

A. On issuing agency:

 

 

Home Improvement Commission

(R+)

Moderate

B. On other State agencies:

NONE

 

C. On local governments:

NONE

 

 

 

 

 

Benefit (+)

Cost (-)

Magnitude

D. On regulated industries or trade groups:

 

 

Home improvement contractors

(-)

Minor

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. License renewal and application rates will remain constant or increase.

D. Applicants and licensees will pay higher regulatory fees.

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 Finneran, Executive Director, Maryland Home Improvement Commission, Maryland Home Improvement Commission, Maryland Department of Labor, 1100 N. Eutaw Street, Baltimore, MD 21201, or call 410-230-6231, or email to dloplmhic-labor@maryland.gov. Comments will be accepted through January 16, 2024. A public hearing has not been scheduled.

 

09.08.01 General Regulations

Authority Business Regulation Article, §§8-207(a) and 8-403, Annotated Code of Maryland

.18 License Renewals.

A.—C. (text unchanged)

D. Guaranty Fund Assessment. Before the Commission renews a contractor license, the contractor shall pay a fee of $175 to be credited to the Fund.

 

09.08.07 Fees

Authority Business Regulation Article, §8-213, Annotated Code of Maryland

.02 Schedule of Fees.

A. Pursuant to Business Regulation Article, §8-213, Annotated Code of Maryland, the Commission shall set fees to produce funds to approximate the cost of maintaining the Commission. Fees charged by the Commission are as follows:

(1) License application fees:

(a) Contractor — [$250] $281.25 for each place of business of the contractor;

(b) Salesperson — [$100] $112.50; and

(c) Application processing fee — [$20] $22.50;

(2) License renewal fees:

(a) Contractor — [$250] $281.25 for each place of business of the contractor; and

(b) Salesperson — [$100] $112.50;

(3) Inactive status fees:

(a) Inactive status application fee — [$50] $56.25;

(b) Renewal fees while license is in inactive status:

(i) Contractor — [$112.50] $126.75; and

(ii) Salesperson — [$37.50] $42.25; and

(c) Reactivation of inactive license reissuance fee — [$10] $11.25;

(4) Certification of license status fee — [$1] $1.25; and

(5) Document copy fee — [$1] $1.25 per page.

B. (text unchanged)

PORTIA WU
Secretary of Labor

 

Subtitle 14 STATE ATHLETIC COMMISSION

Notice of Proposed Action

[23-280-P]

The Maryland State Athletic Commission proposes to amend:

(1) Regulations .01, .02, .06-1, and .06-2 under COMAR 09.14.02 Applications and Licensing; and

(2) Regulations .03 and .05 under COMAR 09.14.07 Ring Officials.

Statement of Purpose

The purpose of this action is to have the licensing period for judges and referees to be tied to the fiscal year; to require proof of amateur experience through USA Boxing for a contestant’s first professional bout; to allow referee and judge applicants to use a certification from a professional boxing organization as opposed to a test administered by the Commission; and to allow the Senior Physician to determine the appropriate medical documentation for nonresident applicant referees and judges.

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 Nino Ovial, Executive Director, Maryland Department of Labor , 1100 N Eutaw Street, 5th Floor, Baltimore, MD 21201, or call 410-230-6224, or email to nino.ovial@maryland.gov. Comments will be accepted through January 16, 2024. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by Maryland State Athletic Commission during a public meeting to be held on February 21, 2024, at 3 p.m., at Maryland Department of Labor, 1100 N. Eutaw Street, 5th Floor, Baltimore, MD 21201.

 

09.14.02 Applications and Licensing

Authority: Business Regulation Article, §§4-205, 4-301, and 4-303, Annotated Code of Maryland

.01 License required.

A.—C. (text unchanged)

D. The licensing period for referees and judges is from July 1 to June 30 of each year.

.02 Contestants.

A.—C. (text unchanged)

D. Proof of amateur experience will be required for a contestant’s first professional bout verified through USA Boxing.

[D.] E. (text unchanged)

.06-1 Referees.

A. Except as otherwise provided in this regulation, an applicant for an original license to act as a referee in a contest shall:

(1)—(2) (text unchanged)

[(3) Achieve a score of at least 70 percent on an examination administered by the Commission.]

(3) Receive certification by the Association of Boxing Commissions (ABC), the World Boxing Council (WBC),the World Boxing Association (WBA), the World Boxing Organization (WBO), or the International Boxing Federation (IBF).

B.—C. (text unchanged)

.06-2 Judges.

A. Except as otherwise provided in this regulation, an applicant for an original license to act as a judge in a boxing, kickboxing, or mixed martial arts contest shall:

(1)—(2) (text unchanged)

[(3) Achieve a score of at least 70 percent on an examination administered by the Commission.]

(3) Receive certification by the Association of Boxing Commissions (ABC), the World Boxing Council (WBC), the World Boxing Association (WBA), the World Boxing Organization (WBO), or the International Boxing Federation (IBF).

B.—C. (text unchanged)

 

09.14.07 Ring Officials

Authority: Business Regulation Article, §§4-205, 4-303, and 4-308, Annotated Code of Maryland

.03 Referee.

A.—C. (text unchanged)

D. Medical Standards for Referees.

(1) A referee annually shall submit to the Commission certification of the following medical examinations:

(a)—(c) (text unchanged)

(2) The Senior Physician shall determine the appropriate medical documentation for nonresident applicant referees.

[(2)] (3) (text unchanged)

.05 Judges.

A.—E. (text unchanged)

F. The Senior Physician shall determine the appropriate medical documentation for nonresident applicant judges.

DAVID NORMAN
Chairman
State Athletic Commission

 

Subtitle 15 STATE BOARD
OF HEATING, VENTILATION,
AIR-CONDITIONING, AND REFRIGERATION CONTRACTORS

09.15.01 Fees

Authority: Business Regulation Article, §§2-106.2, 2-106.9, 9A-205(a)(1), and 9A-207, Annotated Code of Maryland

Notice of Proposed Action

[23-274-P]

The State Board of Heating, Ventilation, Air-Conditioning, and Refrigeration Contractors proposes to amend Regulation .03 under COMAR 09.15.01 Fees. This action was considered at a public meeting of the State Board of Heating, Ventilation, Air-Conditioning, and Refrigeration Contractors held on September 13, 2023, notice of which was given by posting on the State Board of Heating, Ventilation, Air-Conditioning, and Refrigeration Contractors’ website pursuant to General Provisions Article, §3-305(c)(3), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to amend the fees charged by the State Board of Heating, Ventilation, Air-Conditioning, and Refrigeration Contractors, unchanged over a decade, effective in 2024 and 2025 and to make such fees nonrefundable.

Estimate of Economic Impact

I. Summary of Economic Impact. The State Board of Heating, Ventilation, Air-Conditioning, and Refrigeration Contractors must set by regulation a fee for the processing of original and renewal license applications, and other documents it must prepare on behalf of licensees. The fees charged are necessary to cover the operational expenses of the Board and those shared by the State Occupational Mechanical Licensing Boards’ Fund.

II. Types of Economic Impact.

Impacted Entity

Revenue (R+/R-)

Expenditure (E+/E-)

Magnitude

A. On issuing agency:

 

 

Maryland Department of
Labor

(R+)

Minimal

B. On other State agencies:

NONE

 

C. On local governments:

NONE

 

 

 

 

 

Benefit (+)

Cost (-)

Magnitude

D. On regulated industries or trade groups:

 

 

HVACR industry and trade groups

(-)

Minimal

E. On other industries or trade groups:

NONE

 

F. Direct and indirect effects on public:

(-)

Minimal

III. Assumptions. (Identified by Impact Letter and Number from Section II.)

A. The State Occupational Mechanical Licensing Boards have not increased fees in over a decade. The operational costs of administering the HVACR license program have risen significantly due to increased numbers of applicants for various classifications of heating, ventilation, air-conditioning, or refrigeration licenses and costs of operations attributed to increased workload and administrative responsibilities, including staff time, salaries, consumer complaint adjudication, and electronic license application processing, etc.

D. A nominal impact could be anticipated on an HVACR business only to the extent an employer covers the cost of licensure, for each 2-year term, for an employee. No impact on trade groups is anticipated.

F. A license holder will be impacted by the 12.5 percent increase of a fee for a license or other credential, which will range between $1—$9 for each 2-year license term in 2024 and $2—$10.50 in 2025. No direct impact on the general public is anticipated. A nominal increase to consumers of plumbing or gas services may be anticipated to the extent a fee increase between $1—$10.50 of over a 2-year license term is passed on to a consumer by a provider of such services.

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 John Bull, Executive Director, Maryland Department of Labor, 1100 North Eutaw Street, Fifth Floor, Baltimore, MD 21201, or call 410-230-6160, or email to john.bull1@maryland.gov. Comments will be accepted through January 16, 2024. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by State Board of Heating, Ventilation, Air-Conditioning, and Refrigeration Contractors during a public meeting to be held on February 14, 2024, at 10:30 a.m., at the Department of Labor, 1100 North Eutaw Street, Fifth Floor Conference Room, Baltimore, MD 21201.

 

.03 Fees and Costs.

A. The Secretary and the mechanical boards have agreed to average their direct and indirect costs, based on the calculation of costs performed by the Secretary in consultation with the mechanical boards. Based on these calculations, the Board sets the following nonrefundable fees as of January 1, 2024:

(1) Original and renewal license:

(a) Master — [$75] $84;

(b) Master Restricted — [$25] $28 for each area licensed;

(c) Limited — [$75] $84;

(d) Journeyman — [$20] $22.50;

(e) Journeyman Restricted — [$20] $22.50 for each area licensed; [and]

(f) Apprentice — [$10.] $11;

(g) Inspector $50; and

(h) Letter of Good Standing $25.

(2) Inactive license — [$25] $28.

B. The Secretary and the mechanical boards have agreed to average their direct and indirect costs, based on the calculation of costs performed by the Secretary in consultation with the mechanical boards. Based on these calculations, the Board sets the following nonrefundable fees as of January 1, 2025:

(1) Original and renewal license:

(a) Master — $94.50;

(b) Master Restricted — $31.50 for each area licensed;

(c) Limited — $94.50;

(d) Journeyman — $25;

(e) Journeyman Restricted — $25 for each area licensed;

(f) Apprentice — $12;

(g) Inspector $56; and

(h) Letter of Good Standing $25.

(2) Inactive license — $31.50.

[B.] C. [D.] E. (text unchanged)

BRIAN HAMILTON
Chairman
Board of Heating, Ventilation, Air-Conditioning,
and Refrigeration Contractors

 

Subtitle 16 BOARD OF BARBERS

09.16.01 General Regulations

Authority: Business Occupations and Professions Article, §4-207, Annotated Code of Maryland

Notice of Proposed Action

[23-282-P]

The Board of Barbers proposes to amend Regulation .08 under COMAR 09.16.01 General Regulations. This action was considered by the Board of Barbers on August 21, 2023.

Statement of Purpose

The purpose of this action is to increase Board of Barbers fees to cover operating expenses.

Estimate of Economic Impact

I. Summary of Economic Impact. The amendments will increase fees on licensees by approximately $3 per year.

II. Types of Economic Impact.

Impacted Entity

Revenue (R+/R-)

Expenditure (E+/E-)

Magnitude

A. On issuing agency:

 

 

Board of Barbers

(R+)

Moderate

B. On other State agencies:

NONE

 

C. On local governments:

NONE

 

 

 

 

 

Benefit (+)

Cost (-)

Magnitude

D. On regulated industries or trade groups:

 

 

Barbers and barber shop
owners

(-)

Minimal

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. Application and renewal rates will remain constant or increase slightly.

D. Licensees will continue to renew their licenses.

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 Nicole Fletcher, Executive Director, Board of Barbers, Maryland Department of Labor, 1100 N. Eutaw St., Room 121, Baltimore, MD 21201, or call 410-230-6190, or email to barbers.cos@maryland.gov. Comments will be accepted through January 16, 2024. A public hearing has not been scheduled.

.08 Fees.

A.—D. (text unchanged)

E. As provided for in Business Regulation Article, §§2-106.13 and 2-106.14, Annotated Code of Maryland, and this regulation, the Barbers Board sets the following license and permit fees:

(1) Owner — [$50] $56;

(2) Master barber — [$50] $56;

(3) Barber — [$50] $56;

(4) Barber stylist — [$50] $56;

(5) Apprentice — [$10] $11;

(6) (text unchanged)

(7) Reinstatement — [$50] $56;

(8) Certification — [$25] $28; and

(9) Inspection — [$150] $169.

F.—H. (text unchanged)

PORTIA WU
Secretary of Labor

 

Subtitle 17 BOARD OF STATIONARY ENGINEERS

09.17.03 Fees

Authority: Business Occupations and Professions Article, §§6.5-205(a)(1), 6.5-207, and 6.5-304(a)(2); Business Regulation Article, §§2-106.2 and
2-106.9; Annotated Code of Maryland

Notice of Proposed Action

[23-275-P]

The State Board of Stationary Engineers proposes to amend Regulation .03 under COMAR 09.17.03 Fees. This action was considered at a public meeting of the State Board of Stationary Engineers held on September 19, 2023, notice of which was provided by posting on the State Board of Stationary Engineers’ website pursuant to General Provisions Article, §3-302(c)(3), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to amend the fees charged by the Board of Stationary Engineers, unchanged over a decade, effective in 2024 and 2025 and to make such fees nonrefundable.

Estimate of Economic Impact

I. Summary of Economic Impact. The State Board of Stationary Engineers must set by regulation a fee for the processing of original and renewal license applications, and other documents it must prepare on behalf of licensees. The fees charged are necessary to cover the operational expenses of the Board and those shared by the State Occupational Mechanical Licensing Boards’ Fund.

II. Types of Economic Impact.

Impacted Entity

Revenue (R+/R-)

Expenditure (E+/E-)

Magnitude

A. On issuing agency:

 

 

Maryland Department of Labor

(R+)

Minimal

B. On other State agencies:

NONE

 

C. On local governments:

NONE

 

 

 

 

 

Benefit (+)

Cost (-)

Magnitude

D. On regulated industries or trade groups:

 

 

Stationary engineer industry and trade groups

(-)

Minimal

E. On other industries or trade groups:

NONE

 

F. Direct and indirect effects on public:

(-)

Minimal

III. Assumptions. (Identified by Impact Letter and Number from Section II.)

A. The State Occupational Mechanical Licensing Boards have not increased fees in over a decade. The operational costs of administering the stationary engineer license program have risen significantly due to increased numbers of applicants for various classifications of licenses and costs of operations attributed to increased workload and administrative responsibilities, including staff time, salaries, consumer complaint adjudication, and electronic license application processing, etc.

D. A nominal impact could be anticipated on a business that operates a covered boiler or pressure vessel only to the extent an employer covers the cost of licensure, for each 2-year term, for an employee. No impact on trade groups is anticipated.

F. A license holder will be impacted by the 12.5 percent increase of a fee for a license or other credential, which will range between $3—$12.50 for each 2-year license term in 2024 and $6.50—$26.50 in 2025. No direct impact on the general public is anticipated. A nominal increase to consumers of plumbing or gas services may be anticipated to the extent a fee increase between $3—$26 over a 2-year license term is passed on to a consumer by a provider of such services.

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 John Bull, Executive Director, Maryland Department of Labor, 1100 North Eutaw Street, Fifth Floor, Baltimore, MD 21201, or call 410-230-6160, or email to john.bull1@maryland.gov. Comments will be accepted through January 16, 2024. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the State Board of Stationary Engineers during a public meeting to be held on January 16, 2024, at 10 a.m., at the Maryland Department of Labor, 1100 North Eutaw Street, Fifth Floor Conference Room, Baltimore, MD 21201.

.03 Fees and Costs.

A. The Secretary and the mechanical boards have agreed to average their direct and indirect costs, based on the calculation of costs performed by the Secretary in consultation with the mechanical boards. Based on these calculations, the Board sets the following nonrefundable fees as of January 1, 2024:

(1) Original and Renewal License:

(a) Grade 1 — [$65] $73;

(b) Grade 2 — [$50] $56;

(c) Grade 3 — [$50] $56;

(d) Grade 4 — [$35] $39; and

(e) Grade 5 — [$35] $39.

(2) Application — [$25] $28.

(3) Reinstatement — [$100] $112.50.

(4) Letter of Good Standing — $50.

B. The Secretary and the mechanical boards have agreed to average their direct and indirect costs, based on the calculation of costs performed by the Secretary in consultation with the mechanical boards. Based on these calculations, the Board sets the following nonrefundable fees as of January 1, 2025:

(1) Original and Renewal License:

(a) Grade 1 — $82;

(b) Grade 2 — $63;

(c) Grade 3 — $63;

(d) Grade 4 — $43; and

(e) Grade 5 — $43.

(2) Application — $31.50.

(3) Reinstatement — $126.

(4) Letter of Good Standing — $50.

[B.] C. (text unchanged)

BRIAN WODKA
Chairman
Board of Stationary Engineers

 

Subtitle 18 BOARD OF CERTIFIED INTERIOR DESIGNERS

09.18.01 General Regulations

Authority: Business Occupations and Professions Article, §§8-101, 8-206,
8-207, 8-302—8-305, 8-307, and 8-309; Business Regulation Article,
§§2-106.1 and 2-106.2; Annotated Code of Maryland

Notice of Proposed Action

[23-284-P]

The Board of Certified Interior Designers proposes to amend Regulation .03 under COMAR 09.18.01 General Regulations. This action was considered at public meeting of the Board of Certified Interior Designers held on November 17, 2023, notice of which was provided by posting on the Maryland Board of Certified Interior Designers website pursuant to General Provisions Article, §3-302(c)(3), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to  increase revenue to offset rising operational costs.

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 Zevi Thomas, Executive Director, Maryland Board of Certified Interior Designers, 1100 N. Eutaw Street, 5th Floor, Baltimore, MD 21201, or call 410-230-6262, or email to zevi.thomas@maryland.gov. Comments will be accepted through January 16, 2024. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by Maryland Board of Certified Interior Designers during a virtual public meeting to be held on January 30, 2024, at 1:30 p.m. at https://meet.google.com/oyh-twhj-itu. To access the meeting by phone, dial (‪US)‪+1 415-849-0323 PIN: ‪380 327 581#.

.03 Fees and Costs.

A. The Secretary and the design boards have agreed to average their direct and indirect costs, based on the calculation of costs performed by the Secretary in consultation with the design boards. Based on these calculations, the Board sets the following fees:

(1) Certificate fee — [$76.50] $86;

(2) Nonrefundable initial application fee payable in connection with:

(a) An application for certificate —  [$35] $39;

(b) An application for certificate by reciprocity — [$50] $56;

(3) Reinstatement fee — [$100] $112.

B. An applicant shall pay the examination fees directly to the NCIDQ, as these fees are established by NCIDQ.

ROBYN DUBICK, C.I.D.
Chair
Board of Certified Interior Designers

 

Subtitle 20 BOARD OF PLUMBING

09.20.05 Fees

Authority: Business Occupations and Professions Article, §§12-207(a) and 12-209(a); Business Regulation Article, §§2-106.2 and 2-106.9, Annotated Code of Maryland

Notice of Proposed Action

[23-270-P]

The State Board of Plumbing proposes to amend Regulation .03 under COMAR 09.20.05 Fees. This action was considered at a public meeting of the State Board of Plumbing held on September 21, 2023, notice of which was provided by posting on the State Board of Plumbing’s website pursuant to General Provisions Article, §3-302(c)(3), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to amend the fees charged by the Board of Plumbing, unchanged over a decade, effective in 2024 and 2025 and to make such fees nonrefundable.

Estimate of Economic Impact

I. Summary of Economic Impact. The Board of Plumbing must set a fee by regulation for the processing of original and renewal license applications, and other documents it must prepare on behalf of licensees. The fees charged are necessary to cover the operational expenses of the Board and those shared by the State Occupational Mechanical Licensing Boards’ Fund.

II. Types of Economic Impact.

Impacted Entity

Revenue (R+/R-)

Expenditure (E+/E-)

Magnitude

A. On issuing agency:

 

 

State Board of Plumbing

(R+)

Minimal

B. On other State agencies:

NONE

 

C. On local governments:

NONE

 

 

 

 

 

Benefit (+)

Cost (-)

Magnitude

D. On regulated industries or trade groups:

 

 

Plumbing and gas fitter industry and trade groups

(-)

Minimal

E. On other industries or trade groups:

NONE

 

F. Direct and indirect effects on public:

 

 

Public

(-)

Minimal

III. Assumptions. (Identified by Impact Letter and Number from Section II.)

A. The State Occupational Mechanical Licensing Boards have not increased fees in over a decade. The operational costs of administering the plumbing and gas license program have risen due to increased numbers of applicants for various classifications of plumbers, propane, and natural gas fitter licenses and certificates and costs of operations attributed to increased workload and administrative responsibilities, including staff time, salaries, consumer complaint adjudication, and electronic license application processing, etc.

D. A nominal impact could be anticipated on a plumbing or gas business only to the extent an employer covers the cost of licensure, for each 2-year term, for an employee. No impact on trade groups is anticipated.

F. A license or certificate holder will be impacted by the 12.5 percent increase of a fee for a license or other credential, which will range between $1.50—$8 for each 2-year license term in 2024 and $2—$9.50 in 2025. No direct impact on the general public is anticipated. A nominal increase to consumers of plumbing or gas services may be anticipated to the extent a fee increase between $1.50—$9.50 over a 2-year license term is passed on to a consumer by a provider of such services.

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 John Bull, Executive Director, Maryland Department of Labor, 1100 North Eutaw Street, Fifth Floor, Baltimore, MD 21201, or call 410-230-6160, or email to john.bull1@maryland.gov. Comments will be accepted through January 16, 2024. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the State Board of Plumbing during a public meeting to be held on January 18, 2024, at 10:30 a.m., at the Department of Labor, 1100 North Eutaw Street, Fifth Floor Conference Room, Baltimore, MD 21201.

.03 Fees and Costs.

A. The Secretary and the mechanical boards have agreed to average their direct and indirect costs, based on the calculation of costs performed by the Secretary in consultation with the mechanical boards. Based on these calculations, the Board sets the following nonrefundable fees as of January 1, 2024:

(1) Application:

(a) Master Natural Gas Fitter — [$50] $56;

(b) Journey Natural Gas Fitter — [$25] $28;

(c) Apprentice Plumber/Gas Fitter — [$15] $16.50;

(d) Apprentice Natural Gas Fitter — [$15] $16.50; and

(e) Propane Gas Fitter Certificate — [$25] $28.

(2) Original license and certificate:

(a) Master Plumber/Gas Fitter — [$70] $78;

(b) Journey Plumber/Gas Fitter — [$35] $39;

(c) Limited Master Plumber — [$70] $78;

(d) Limited Journey Plumber — [$35] $39;

(e) Master Natural Gas Fitter — [$70] $78;

(f) Journeyman Natural Gas Fitter — [$35] $39; [and]

(g) Propane Gas Fitter — [$35.] $39;

(h) Master Inspector — $50;

(i) Journeyman Inspector — $50; and

(j) Plumbing Inspector — $50.

(3) License and certificate renewal:

(a) Master Plumber/Gas Fitter — [$70] $78;

(b) Journey Plumber/Gas Fitter — [$35] 39;

(c) Apprentice Plumber/Gas Fitter — [$15] $16.50;

(d) Limited Master Plumber — [$70] $78;

(e) Limited Journey Plumber — [$35] $39;

(f) Master Natural Gas Fitter —[$35] $39;

(g) Journeyman Natural Gas Fitter — [$25] $28;

(h) Apprentice Natural Gas Fitter — [$15] $16.50; [and]

(i) Propane Gas Fitter [$35.] $39;

(j) Master Inspector — $50;

(k) Journeyman Inspector — $50; and

(l) Plumbing Inspector — $50.

(4) License reactivation:

(a) Master Plumber/Gas Fitter — [$50] $56;

(b) Journey Plumber/Gas Fitter — [$20] $22.50;

(c) Limited Master Plumber — [$50] $56; and

(d) Limited Journey Plumber — [$20] $22.50.

(5) Miscellaneous: Letter of Good Standing — $50.

B. The Secretary and the mechanical boards have agreed to average their direct and indirect costs, based on the calculation of costs performed by the Secretary in consultation with the mechanical boards. Based on these calculations, the Board sets the following nonrefundable fees as of January 1, 2025:

(1) Application:

(a) Master Natural Gas Fitter — $63;

(b) Journey Natural Gas Fitter — $31.50;

(c) Apprentice Plumber/Gas Fitter — $18.50;

(d) Apprentice Natural Gas Fitter — $18.50; and

(e) Propane Gas Fitter Certificate — $31.50.

(2) Original license and certificate:

(a) Master Plumber/Gas Fitter — $87.50;

(b) Journey Plumber/Gas Fitter — $43.50;

(c) Limited Master Plumber — $87.50;

(d) Limited Journey Plumber — $43.50;

(e) Master Natural Gas Fitter — $87.50;

(f) Journeyman Natural Gas Fitter — $43.50;

(g) Propane Gas Fitter — $43.50.

(h) Master Inspector — $56;

(i) Journeyman Inspector — $56; and

(j) Plumbing Inspector — $56.

(3) License and certificate renewal:

(a) Master Plumber/Gas Fitter — $87.50;

(b) Journey Plumber/Gas Fitter — $43.50;

(c) Apprentice Plumber/Gas Fitter — $18.50;

(d) Limited Master Plumber — $87.50;

(e) Limited Journey Plumber — $43.50;

(f) Master Natural Gas Fitter  $43.50;

(g) Journeyman Natural Gas Fitter — $31.50;

(h) Apprentice Natural Gas Fitter — $18.50;

(i) Propane Gas Fitter — $43.50;

(j) Master Inspector — $56;

(k) Journeyman Inspector — $56; and

(l) Plumbing Inspector — $56.

(4) License reactivation:

(a) Master Plumber/Gas Fitter — $63;

(b) Journey Plumber/Gas Fitter — $25;

(c) Limited Master Plumber — $63; and

(d) Limited Journey Plumber — $25.

(5) Miscellaneous Letter of Good Standing — $50.

[B.] C. (text unchanged)

JOSEPH RADTKA
Chairman
Board of Plumbing

 

Subtitle 22 BOARD OF COSMETOLOGISTS

09.22.01 General Regulations

Authority: Business Occupations and Professions Article, §5-208, Annotated Code of Maryland

Notice of Proposed Action

[23-281-P]

The Maryland Board of Cosmetologists proposes to amend Regulation .12 under COMAR 09.22.01 General Regulations.

Statement of Purpose

The purpose of this action is to increase Board of Cosmetologist fees to cover the Board’s operating expenses.

Estimate of Economic Impact

I. Summary of Economic Impact. The fee increases will increase the Board’s revenue and licensee’s expenses.

II. Types of Economic Impact.

Impacted Entity

Revenue (R+/R-)

Expenditure (E+/E-)

Magnitude

A. On issuing agency:

 

 

Board of Cosmetologists

(R+)

Moderate

B. On other State agencies:

NONE

 

C. On local governments:

NONE

 

 

 

 

 

Benefit (+)

Cost (-)

Magnitude

D. On regulated industries or trade groups:

 

 

Cosmetologists and salon owners

(-)

Minimal

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. License renewal and application rates will remain constant or increase slightly.

D. Licensees will continue to renew their licenses.

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 Nicole Fletcher, Executive Director, Board of Cosmetologists, Maryland Department of Labor, 1100 N Eutaw St Room 121, Baltimore, MD 21201, or call 410-230-6190, or email to barbers.cos@maryland.gov. Comments will be accepted through January 16, 2024. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the Board of Cosmetologists during a virtual public meeting to be held on February 5, 2024, at 10 a.m. To access the meeting using video conferencing go to meet.google.com/hfy-umgk-iyo. To access the meeting by phone, dial (‪US)‪+1 541-714-5017, PIN: ‪490 463 886#.

.12 Fees.

A.—D. (text unchanged)

E. As provided for in Business Regulation Article, §§2-106.13 and 2-106.14, Annotated Code of Maryland, and this regulation, the Cosmetologist Board sets the following license and permit fees:

(1) Salon owner — [$50] $56;

(2) Senior cosmetologist — [$25] $28;

(3) Cosmetologist — [$25] $28;

(4) Blow dry — [$25] $28;

(5) Esthetician — [$25] $28;

(6) Nail technician — [$25] $28;

(7) Hair stylist — [$25] $28;

(8) Apprentice — [$10] $11;

(9) Reinstatement:

(a) If the license of a senior cosmetologist, cosmetologist, esthetician, or nail technician license has expired, a reinstatement fee of [$25] $28 shall be paid in addition to the renewal fee in this section; and

(b) If the permit of a salon owner has expired, in addition to the renewal fee in this section:

(i) A reinstatement fee of [$50] $56 shall be paid if not more than 45 days have passed since the expiration of the permit; and

(ii) A pre-opening inspection fee of [$150] $169 shall be paid, and such an inspection shall be conducted, if more than 45 days have passed since the expiration of the permit; and

(10) Pre-opening inspection — [$150] $169.

F.—H. (text unchanged)

PORTIA WU
Secretary of Labor

 

Subtitle 33 JOB SERVICE

09.33.02 Economic Stabilization

Authority: Labor and Employment Article, §§11-301—[11-304,] 11-306; State Government Article, §10-206; Annotated Code of Maryland

Notice of Proposed Action

[23-269-P]

The Department of Labor proposes to amend Regulations .01—.03, adopt new Regulations .04, .08, and .09, and amend and recodify existing Regulations .04—.06 to be .05—.07 under COMAR 09.33.02 Economic Stabilization Act.

Statement of Purpose

The purpose of this action is to amend the definitions, timelines, and notice requirements and to implement the compliance and penalty requirements of the legislative amendments to the Economic Stabilization 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 Dylan McDonough, Policy Analyst, Maryland Department of Labor, 1100 N Eutaw Street, Baltimore, MD 21201, or call 410-767-1890, or email to dylan.mcdonough@maryland.gov. Comments will be accepted through January 16, 2024. A public hearing has not been scheduled.

.01 Purpose.

The Economic Stabilization Act regulations provide notice requirements and [voluntary] guidelines for employers faced with a major reduction in the [work force] workforce.

.02 Exceptions.

[This law] The Act does not apply to [reductions] reduction in operations [if the reduction:

A. Results solely from labor disputes;

B. Occurs in a commercial, industrial, or agricultural enterprise operated by this State or its political subdivisions;

C. Occurs at construction sites or other temporary work places;

D. Results from seasonal factors that are determined to be customary in the industry; or

E. Results when an employer files for bankruptcy under federal bankruptcy laws.] as described in Labor and Employment Article § 11-302, Annotated Code of Maryland.

.03 Definitions.

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

B. Terms Defined.

(1) “Act” means Labor and Employment Article,§11-301 et seq., Annotated Code of Maryland.

(2) “Employee” has the meaning stated in Labor and Employment Article, §11-301(b), Annotated Code of Maryland.

[A.] (3) Employer.

(a) “Employer” means a person, corporation, or other entity that employs at least 50 [individuals] employees and operates an industrial, commercial, or business enterprise in the State.

(b) “Employer” does not mean the State or its political subdivisions.

(c) “Employer” does not include any employer who has been doing business in the State for less than 1 year.

(4) “Permanent” has the meaning stated in Labor and Employment Article §11-301(d), Annotated Code of Maryland.

[B.] (5) “Reduction in operations” [means the:

(1) Relocation of a part of an employer’s operation from one work place to another site; or

(2) Shutting down of a work place or a portion of the operations of a work place that reduces the number of employees by at least 25 percent or 15 employees, whichever is greater, over any 3-month period.] has the meaning stated in Labor and Employment Article, §11-301(e), Annotated Code of Maryland.

(6) “Secretary” means the Secretary of the Maryland Department of Labor.

[C.] (7) Work Place.

[(1) “Work place” means:

(a) A factory;

(b) A plant;

(c) An office; or

(d) Other facility where employees produce goods or provide services.

(2) “Work place” does not mean a:

(a) Construction site; or

(b) Temporary work place.]

(a) “Workplace” has the meaning stated in Labor and Employment Article, §11-301(f), Annotated Code of Maryland.

(b) “Workplace” includes locations in the State where employees may be teleworking.

.04 Notice.

At least 60 calendar days prior to initiating a reduction in operations, an employer shall provide written notice as required by Labor and Employment Article, §11-305, Annotated Code of Maryland.

[.04] .05 [Voluntary] Guidelines for Employers Anticipating a Permanent Reduction in [Work Force] Operations.

A. Employers facing a reduction in operations [should:

(1) Meet] shall use their best efforts to meet with employee representatives regarding concessions or alternatives, or both, to closure in order to save the place and save jobs;

[(2) Notify all impacted employees if a reduction in operation is required:

(a) At least 90 days before the termination date; and

(b) By written notice to each employee.]

B. Termination Phase-In.

(1) (text unchanged)

(2) If collective bargaining agreements are in force, then the employer shall implement the provisions of [the] each agreement as the agreement pertains to termination and seniority.

C.—D. (text unchanged)

[.05] .06 Assistance from the Maryland Department of Labor.

A. The Maryland Department of Labor shall make the [Quick] Rapid Response Program available to employers, if eligible, consisting of:

(1)—(5) (text unchanged)

(6) Referral to retraining information and opportunities.

B. The Maryland Department of Labor shall assist employers in planning for and implementing a program to provide reemployment services for displaced or soon to be displaced workers by attempting to provide:

(1) Assistance with planning for reemployment services to the [work force] workforce;

(2)—(3) (text unchanged)

[.06] .07 Mechanisms to Start Assistance Programs from the Maryland Department of Labor.

A. Employers may contact the Assistant Secretary for the Division of [Employment and Training] Workforce Development and Adult Learning.

B. The Secretary [of the Maryland Department of Labor] shall:

(1)—(2) (text unchanged)

(3) Contact all employers in the State who appear to be faced with or planning a permanent reduction in operations. [This contact] Contact shall be:

[(a) Made by telephone;]

[(b)] (a) Confidential, as described in General Provisions Article, §4-335, Annotated Code of Maryland;

[(c)] (b) Directed to the chief executive of the business, or designee; and

[(d)] (c) (text unchanged)

C. If the employer approves, the Maryland Department of Labor [shall contact the Department of Housing and Community Development to provide whatever assistance is deemed appropriate] may contact other partner organizations to provide whatever assistance and resources are deemed appropriate.

.08 Order Compelling Compliance.

A. Issuance.

(1) If, after investigation, the Secretary, or the Secretary’s designee, believes an employer has violated Labor and Employment Article, §11-305, Annotated Code of Maryland, or a regulation adopted pursuant to the Act, the Secretary shall, with reasonable promptness, issue an order compelling compliance.

(2) An order shall:

(a) Be in writing;

(b) Describe with specificity the nature of the alleged violation;

(c) State the penalty, if any, that the Secretary proposes to assess under Labor and Employment Article, §11-306, Annotated Code of Maryland;

(d) Inform a party of the requirements of §B(2) of this regulation.

B. Enforcement.

(1) A party to whom an order is issued may file with the Secretary or the Secretary’s designee a written notice of contest to the proposed penalty.

(2) Notice shall be:

(a) In writing; and

(b) Postmarked within 15 business days of the date of the order.

(3) If a party does not file proper notice of contest, any proposed penalty becomes final upon the expiration of 15 business days following the party’s receipt of the order.

(4) If a party files a notice of contest in accordance with this regulation, the Secretary or the Secretary’s designee, shall delegate the hearing to the Office of Administrative Hearings.

(5) A contested hearing shall be governed by COMAR 09.01.03.

.09 Penalties.

A. Scope. This regulation applies to the assessment of civil penalties by the Secretary or the Secretary’s designee under Labor and Employment Article, §11-306, Annotated Code of Maryland, in all cases arising from a violation of Labor and Employment Article, §11-305, Annotated Code of Maryland, conducted on and after the effective date of this regulation.

B. In assessing a penalty for a violation of the law, a regulation, or an order, the Secretary or the Secretary’s designee shall consider the factors listed in Labor and Employment Article, §11-306, Annotated Code of Maryland.

PORTIA WU
Secretary of Labor

 

Subtitle 36 COMMISSION OF REAL ESTATE APPRAISERS, APPRAISAL MANAGEMENT COMPANIES, AND HOME INSPECTORS — HOME INSPECTORS

09.36.08 Continuing Professional Competency

Authority: Business Occupations and Professions Article, §§16-208(a)(2),
16-216(2), and 16-3A-07(e), Annotated Code of Maryland

Notice of Proposed Action

[23-276-P]

The State Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors proposes to amend Regulation .02 under COMAR 09.36.08 Continuing Professional Competency. This action was considered at a public meeting of the State Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors held on October 10, 2023, notice of which was given by posting on the Commission’s website pursuant to General Provisions Article, §3-305(c)(3), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to amend the continuing professional competency requirements necessary to qualify for renewal of a home inspector license to include completion of certain education in home inspection report writing and the minimum standards of home inspection practice as part of the overall requirement.

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 Todd Blackistone, Executive Director, State Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors, Maryland Department of Labor, 1100 North Eutaw Street, Fifth Floor, Baltimore, MD 21201, or call 410-230-6165, or email to todd.blackistone@maryland.gov. Comments will be accepted through January 16, 2024. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors during a public meeting to be held on February 13, 2024, at 10:30 a.m., at the Maryland Department of Labor, 1100 North Eutaw Street. Fifth Floor Conference Room, Baltimore, MD 21201.

.02 Basic Requirement.

A. (text unchanged)

B. Effective July 1, 2023, in accordance with §A of this regulation, a licensed home inspector applying for license renewal shall successfully complete during the preceding 2-year license cycle a minimum of:

(1) 2 hours of education related to home inspection report writing in accordance with Regulation .03F(1) of this chapter; and

(2) 2 hours of education related to the minimum standards of practice in accordance with COMAR 09.36.07 and Regulation .03F(3) of this chapter.

[B.] C.[C.] D. (text unchanged)

SEAN TROXELL
Chairman
Commission of Real Estate Appraisers, Appraisal Management
Companies, and Home Inspectors

 

Title 10
MARYLAND DEPARTMENT OF HEALTH

Subtitle 60 BOARD OF ENVIRONMENTAL HEALTH SPECIALISTS

Notice of Proposed Action

[23-272-P]

The Secretary of Health proposes to:

(1) Amend Regulations .08 and .09 under COMAR 10.60.02 Licensing Procedures; and

(2) Amend Regulation .01, repeal existing Regulation .02, amend and recodify existing Regulation .03 to be Regulation .02, recodify existing Regulation .04 to be Regulation .03, and adopt new Regulations .04 and .05 under COMAR 10.60.03 Continuing Education.

This action was considered by the Board of Environmental Health Specialists at a public meeting held on October 4, 2023, notice of which was given by publication on the Board’s website at Pages - Board of Environmental Health Specialists Home (maryland.gov) pursuant to General Provisions Article, §3–302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to:

(1) Make clarifying changes for license reactivation as it relates to completion of approved training;

(2) Update training approval requirements;

(3) Establish reporting, documenting, and auditing compliance with continuing education requirements; and

(4) Specify the consequences for failing to comply with the continuing education 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 Jourdan Green, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov. Comments will be accepted through January 16, 2024. A public hearing has not been scheduled.

 

10.60.02 Licensing Procedures

Authority: Health Occupations Article, §§21-101—21-502, Annotated Code of Maryland

.08 Inactive Status.

A.—C. (text unchanged)

D. An applicant for reactivation of a license shall submit to the Board documentation of completion of approved training as set forth in COMAR 10.60.03.04E. 

.09 Non-Renewed Status.

A. The Board shall place a licensed environmental health specialist on non-renewed status for a period not to exceed 4 years if the licensed environmental health specialist fails to [the] renew the license for any reason.

B.—C. (text unchanged)

D. An applicant for reactivation of a license shall submit to the Board documentation of completion of approved training as set forth in COMAR 10.60.03.04E. 

 

10.60.03 Continuing Education

Authority: Health Occupations Article, §§21-101—21-502, Annotated Code of Maryland

.01 Approval of Training.

A.—D. (text unchanged)

E. Assignment of Hours of Approved Training.

(1) The Board shall assign hours of approved training to a license renewal if the licensee[:

(a) Completed] completed the hours of training during the license renewal period, unless an extension has been granted pursuant to Regulation .04 of this chapter[; and

(b) Submitted evidence of completion to the Board within 90 calendar days of the date of completion of the training].

(2) For licensees applying for renewal for the first time, the Board shall assign hours of approved training to the license renewal if the licensee completed training set forth under:

(a) §C(1)—(6) of this regulation after the date the initial license is issued [and submitted evidence of completion to the Board within 90 calendar days of the date of completion of the training]; or

(b) (text unchanged)

(3) (text unchanged)

[(4) The requirements set forth under §E(1) of this regulation do not apply to an individual who is on inactive status or non-renewed status who is seeking reactivation of a license.

(5) The Board may waive the requirement set forth under §E(1)(b) of this regulation if the Board determines that failure to submit evidence of completion to the Board within 90 calendar days of completion of the training is the result of unforeseen circumstances out of the licensee’s control.]

F. Procedures.

(1) (text unchanged)

(2) The Board shall maintain a list of all approved [training] providers.

[.03] .02 Pre-Approved Providers and Courses.

A. Pre-Approved Providers.

(1) (text unchanged)

(2) The following are pre-approved providers:

(a) National, regional, or State accredited academic institutions offering academic courses or programs recognized as acceptable environmental health specialist subject areas as defined by COMAR 10.60.01.01B(20);

(b)—(c) (text unchanged)

B. The Board shall maintain a list of pre-approved providers [and pre-approved continuing education courses] on its website.

.04 Reporting, Documenting, and Auditing Compliance with Continuing Education Requirements.

A. A licensee shall attest whether the licensee has completed the required number of hours of approved training on a form provided by the Board as part of the application for renewal.

B. The Board shall:

(1) Audit a percentage of its licensees, to be selected by the Board, for completion of approved training each renewal period; and

(2) Send a notice of audit to all licensees to be audited.

C. A licensee subject to an audit shall provide documentation of completion of all required approved training as specified in §D of this regulation within 30 days of the date of the notice of audit.

D. Required Documentation.

(1) A licensee shall provide to the Board a:

(a) Transcript for courses taken at an accredited educational institution; and

(b) Certificate of completion for the approved training.

(2) If a certificate of completion is not available, the licensee shall provide other documentation determined by the Board to be adequate, in light of the nature of the training, to establish that training was actually received by the licensee.

(3) Other documentation adequate to establish that training was actually received may include:

(a) Date, location, and proof of attendance;

(b) Names and credentials of the presenters;

(c) Agenda, learning objectives, and topics presented;

(d) An outline of the presentation; and

(e) Proof of presentations made.

(4) A licensee shall submit any additional information requested by the Board to evaluate completion of continuing education requirements.

E. Continuing Education Record Retention.

(1) A licensee with an active license shall retain records documenting completion of continuing education requirements for 2 years after the licensing renewal date for which the report of continuing education was submitted to the Board.

(2) The documentation required in §E(1) of this regulation may be requested by the Board at any time within that 2-year period.

.05 Failure to Comply with Continuing Education Requirements.

A. A license will not be renewed if the licensee:

(1) Fails to attest on the renewal application that the licensee has completed the required number of hours of approved training; and

(2) Was not granted an extension from the Board pursuant to Regulation .03 of this chapter.

B. The Board may take disciplinary action against any licensee who, during an audit:

(1) Fails to submit the required documentation in accordance with Regulation .04 of this chapter;

(2) Fails to demonstrate completion of the required hours of approved training in accordance with this chapter; or 

(3) Falsifies or misrepresents any information concerning continuing education on a renewal application.

LAURA HERRERA SCOTT
Secretary of Health

 

Title 15
MARYLAND DEPARTMENT OF AGRICULTURE

Subtitle 14 BOARD OF VETERINARY MEDICAL EXAMINERS

15.14.09 Qualifications for Licensure, by Examination, as a Veterinarian

Authority: Agriculture Article, §§2-304 and 2-307, Annotated Code of Maryland

Notice of Proposed Action

[23-191-P]

The State Board of Veterinary Medical Examiners proposes to amend Regulation .03 under COMAR 15.14.09 Qualifications for Licensure, by Examination, as a Veterinarian.

Statement of Purpose

The purpose of this action is to increase the age of a passing score for certain examinations that the State Board will accept from a veterinarian who is applying to be licensed in this State from 5 years to 7 years.

Estimate of Economic Impact

I. Summary of Economic Impact. While perhaps minimal, the proposed action should benefit (1) consumers; (2) veterinary practices seeking to hire veterinarians; and (3) veterinarians licensed in other States seeking to become licensed in Maryland. If a person is licensed in another jurisdiction, a person becomes eligible for licensure in Maryland if the person (1) has been engaging in the clinical practice of veterinary medicine for a certain period of time; or (2) has a passing score on the North American Veterinary Licensing Examination (NAVLE) provided, however, the passing score is not more than 5 years old. The proposed action increases the age of the passing score from 5 years to 7 years. For this reason, it benefits those veterinarians seeking licensure in Maryland who, while lacking the requisite clinical experience, have a passing score on NAVLE that is 5 to 7 years old.  These veterinarians no longer need to bear the cost of preparing and taking the NAVLE and, of course, the need to pass the NAVLE, to become eligible for licensure.  It benefits veterinary practices by providing access to a wider pool of applicants to fill vacant veterinary positions, particularly during a time when the demand for veterinarians exceeds the supply.  It benefits consumers who may have improved access to veterinary care for their animals because more veterinarians may become available.  Finally, the proposed action may negatively impact the few businesses in the State that offer NAVLE, albeit minimally.

II. Types of Economic Impact.

Impacted Entity

Revenue (R+/R-)

Expenditure (E+/E-)

Magnitude

A. On issuing agency:

NONE

 

B. On other State agencies:

NONE

 

C. On local governments:

NONE

 

 

 

 

 

Benefit (+)

Cost (-)

Magnitude

D. On regulated industries or trade groups:

 

 

(1) Veterinarians

(+)

Minimal

(2) Veterinary Practices

(+)

Minimal

E. On other industries or trade groups:

 

 

Testing centers

(-)

Minimal

F. Direct and indirect effects on public:

 

 

Consumers

(+)

Minimal

III. Assumptions. (Identified by Impact Letter and Number from Section II.)

D(1). The proposed action increases the age of the passing score from 5 years to 7 years.  For this reason, it benefits those veterinarians seeking licensure in Maryland who, while lacking the requisite clinical experience, have a passing score on NAVLE that is 5 to 7 years old.  These veterinarians no longer need to bear the cost of preparing and taking the NAVLE and, of course, the need to pass the NAVLE, to become eligible for licensure. 

D(2). The proposed action benefits veterinary practices by providing access to a wider pool of applicants to fill vacant veterinary positions, particularly during a time when the demand for veterinarians exceeds the supply.  It benefits consumers who may have improved access to veterinary care for their animals because more veterinarians may become available.

E. The proposed action may negatively impact the few businesses in the State that offer the NAVLE, albeit minimally.

F. The proposed action benefits consumers who may have improved access to veterinary care for their animals because more veterinarians may become available.

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 Nathaniel Boan, Executive Director, State Board of Veterinary Medical Examiners, 50 Harry S. Truman Parkway, Annapolis, MD 21401, or call 410-841-5804, or email to nathaniel.boan@maryland.gov. Comments will be accepted through January 16, 2024. A public hearing has not been scheduled.

.03 Maryland State Examination.

A.—D. (text unchanged)

E. State Board’s Acceptance of Passing Scores on Previously Taken Tests.

(1) The NAVLE. If an applicant has previously taken and passed the NAVLE, the State Board shall accept the applicant’s passing score on it, if the passing score is not more than [5] 7 years old. After this [5] 7-year period, the applicant shall retake and pass the NAVLE to be eligible for licensure in this State, if the applicant does not meet the requirements set forth in COMAR 15.14.08 for veterinarians who are licensed in another state or foreign jurisdiction.

(2) NBE and CCT. If an applicant has previously taken and passed the NBE and CCT, the Board shall accept the applicant’s passing scores on these tests, if these scores are not more than [5] 7 years old. After this [5] 7-year period, the applicant shall take and pass the NAVLE to be eligible for licensure in this State, if the applicant does not meet the requirements set forth in COMAR 15.14.08 for veterinarians who are licensed in another state or foreign jurisdiction.

STEVEN A. CONNELLY
Deputy Secretary

 

Title 26
DEPARTMENT OF ENVIRONMENT

Subtitle 28 BUILDING ENERGY PERFORMANCE STANDARDS

Notice of Proposed Action

[23-230-P-I]

The Secretary of the Environment proposes to adopt the following regulations under a new subtitle, Subtitle 28 Building Energy Performance Standards:

(1) New Regulations .01―.03 under a new chapter, COMAR 26.28.01 Definitions and Documents Incorporated by Reference;

(2) New Regulations .01―.05 under a new chapter, COMAR 26.28.02 Benchmarking and Reporting;

(3) New Regulations .01 and.02 under a new chapter, COMAR 26.28.03 Performance Standards and Compliance Demonstration; and

(4) New Regulations .01―.03 under a new chapter, COMAR 26.28.04 Alternative Compliance and Special Provisions.

Statement of Purpose

The purpose of this action is to create the Maryland Building Energy Performance Standards (BEPS) as required by the Climate Solutions Now Act (CSNA) of 2022. See, in relevant part, Title 2, Subtitle 16 of the Environment Article, Annotated Code of Maryland. The goal is to reduce direct greenhouse gas (GHG) emissions and improve overall energy efficiency from Maryland’s building sector for certain buildings that are 35,000 square feet or larger. The regulation requires covered building owners to measure and report data to the Maryland Department of the Environment (MDE). The regulation further requires that covered building owners meet specific net direct GHG emissions and energy use intensity (EUI) standards. This dual standard system promotes efficient electrification to enable Maryland’s clean energy transition, minimize electricity grid impacts, and achieve Maryland’s goal of net-zero GHG emissions by 2045. The regulation also contains record keeping and reporting requirements for electric and gas companies and district energy providers.

This action will not be submitted to the U.S. Environmental Protection Agency (EPA) as part of Maryland’s SIP.

 

Background

In 2022, the Maryland General Assembly passed the CSNA that modified Maryland’s GHG emissions reduction goals in response to the latest science indicating that more stringent goals are necessary to combat climate change. CSNA set new goals to reduce statewide GHG emissions by 60% below 2006 levels by 2031 and achieve net-zero emissions by 2045. Among the requirements outlined in the new law is that Maryland implement BEPS. CSNA requires MDE to develop BEPS for covered buildings that: achieve a 20% reduction in net direct GHG emissions on or before January 1, 2030, as compared with 2025 levels for average buildings of similar construction; attain net-zero direct GHG emissions on or before January 1, 2040; and include EUI targets by building type.

Covered buildings will be required to benchmark energy use utilizing the United States Environmental Protection Agency’s (EPA) ENERGY STAR Portfolio Manager tool, which is a free interactive resource management tool that enables the benchmarking of energy use of any type of building. Covered buildings are subject to interim performance standards beginning in 2030 and running through 2039, and to a final performance standard that must be achieved on an annual basis in 2040 and beyond.

In July 2023, Maryland joined the White House National Building Performance Standards Coalition (National BPS Coalition (July 2023), https://nationalbpscoalition.org/) which is a nationwide group of state and local governments that have committed to inclusively design and implement building performance policies and programs in their jurisdictions. Maryland’s development of BEPS has been supported by federal agencies, labor, and non-governmental organizations that provided resources for workforce engagement, technical analysis, equity strategies, policy design, and stakeholder engagement.

 

Sources Affected and Location

The proposed regulation applies to buildings in Maryland that are 35,000 square feet or larger (excluding the parking garage area). Historic buildings, public and nonpublic elementary and secondary schools, manufacturing buildings, agricultural buildings, and federal buildings are exempt. There are approximately 9,000 covered buildings in Maryland located across all counties. Electric and gas companies and, in limited cases, tenants in covered buildings are required to maintain and provide energy consumption data for covered buildings. 

 

Requirements

This regulation requires covered building owners to report data to MDE through the EPA ENERGY STAR Portfolio Manager tool. Benchmarking will begin in 2025 and compliance with direct GHG emissions and site EUI standards will begin in 2030. Covered building owners may need to make improvements to their buildings to meet the net direct GHG emissions and site EUI standards. Covered buildings must meet or be below interim standards in 2030 through 2039 and final standards in 2040 and beyond or pay an alternative compliance fee or penalty. Interim and final standards are set in the regulation. MDE will conduct an updated analysis after the 2025 benchmarking data are submitted in 2026 to determine if the interim and/or final standards need to be modified based on actual 2025 benchmarked building energy performance.

Electric companies and gas companies are required to maintain and provide energy consumption data for all covered buildings and provide to the building owner accurate and timely information on the actual amount of electricity, gas, or fuel delivered to a covered building. District energy companies are required to provide information on the emissions intensity of their district energy system to their customers.

A tenant of a covered building is required to provide requested benchmarking information to a covered building owner that cannot otherwise be acquired from other sources.

This action has one document for Incorporation by Reference, under COMAR 26.28.01.03, the Maryland Department of the Environment Technical Memorandum (TM) 23-01, “Technical Guidance and Calculation Methodologies to Comply with Building Energy Performance Standards”, August, 2023.

 

Projected Emission Reductions

According to Maryland’s GHG Emissions Inventory (September 26, 2022), direct fuel use in buildings produced nearly 14 million metric tons of carbon dioxide equivalent (MMTCO2e) in 2020. Electricity consumption, almost all of which was consumed in buildings, generated approximately 18 MMTCO2e in 2020. Through their direct fuel use and electricity consumption combined, Maryland’s buildings accounted for roughly a third of all statewide GHG emissions. Buildings covered by BEPS accounted for approximately 5 MMTCO2e in 2020. In combination with state and federal policies to achieve 100% clean power generation, BEPS is modeled to reduce emissions by approximately 18 MMTCO2e between 2025 and 2050 based on a study by the U.S. Department of Energy’s Lawrence Berkeley and Pacific Northwest National Laboratories (August 2023).

The combination of direct GHG and site EUI standards delivers efficient electrification, which will not only make it easier for the state to achieve its GHG reduction goals, but also enable the covered building stock to electrify at sufficient scale to achieve the BEPS emissions goals by mitigating winter peak electricity demand. A study by the U.S. Department of Energy’s Lawrence Berkeley National Laboratory found that the Maryland BEPS will reduce peak electricity demand from covered buildings 6% by 2040 below current levels while shifting that peak to the winter, whereas a policy that excludes site EUI standards would both shift peak electricity demand to the winter and increase that peak demand to 24% above the current summer peak by 2040. By reducing peak electricity demand, BEPS will ensure the covered building stock can electrify at sufficient scale to achieve the BEPS emissions goals without the need for additional electricity generation, transmission, and distribution capacity, while also helping Maryland to hit its requirements to achieve net-zero statewide GHG emissions by 2045.

 

Is there an equivalent Federal standard to this Proposed Regulatory Action?

In December 2022, the U.S. Council on Environmental Quality (CEQ) issued a Federal Building Performance Standard (BPS). The Federal BPS was issued according to the requirements set by Executive Order (E.O.) 14057, Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability. The Federal Government is considered the single largest energy consumer in the country, and the Federal BPS includes facilities owned by the Federal Government or covered facilities according to section 432 of EISA (42 U.S.C. § 8253(f)(2)(B)). The Federal BPS will deliver a net-zero emissions building portfolio by 2045, including a 50 percent GHG emissions reduction by 2032, prioritizing energy efficiency and electrification. To achieve these goals, section 205(b) of E.O. 14057 provides that agencies should use the Federal BPS to prioritize reductions in scope 1 GHG emissions. Scope 1 emissions cover standard building operational needs, including direct emissions from space heating and cooling, water heating, cooking, backup generators, and laundry.

Estimate of Economic Impact

I. Summary of Economic Impact. Between 2025 and 2040, building owners whose buildings do not already meet the BEPS standards will be required to implement energy efficiency measures and/or electrification measures or pay alternative compliance fees in order to comply with BEPS. As building owners implement these measures, they will begin to save money from reduced energy costs. Savings from reduced energy costs will accumulate and increase over time and beyond the initial implementation period for BEPS.

Results from a 2023 study by the U.S. Department of Energy’s Lawrence Berkeley and Pacific Northwest National Laboratories demonstrate that during BEPS implementation (2025-2040), all covered buildings combined will spend more on efficiency measures ($8.8B) and electrification measures ($6.4B) than the energy cost savings accrued in this period ($8.96B). However, on a longer time horizon (2025-2050), energy cost savings increase to $22.3B, indicating a net savings for Maryland’s covered buildings. On average, over the 2025-2050 time horizon, covered buildings save $4.47 per square foot in energy costs. However, there is significant variation with 25% of covered buildings modeled to save more than $9.29 per square foot and 25% of covered buildings modeled to lose more than $4.43 per square foot.

The Building Energy Transition Task Force, created by the CSNA, is an advisory body that will prepare a report to the Governor and the General Assembly by December 1, 2023. The report will include recommendations relating to funding the retrofit of covered buildings to comply with BEPS. Additionally, through the efforts of various state agencies, significant funding from the federal Bipartisan Infrastructure Law and Inflation Reduction Act are expected to reduce costs of compliance with BEPS for Maryland’s affected sources and speed their return on investments. For example, the federal Energy Efficient Commercial Building Deduction provides up to $5 per square foot for projects that reduce energy use intensity, including electrification projects.

The public in Maryland could see economic benefits through reduced electricity rates due to the impact of BEPS on reducing strain on the electric grid. A study by the U.S. Department of Energy’s Lawrence Berkeley National Laboratory found that a sample including 87% of Maryland’s covered buildings currently has a peak electricity demand of around 2.74 gigawatts occurring on hot summer days. If BEPS included direct GHG emissions standards but not site EUI standards, then peak electricity demand would shift to the winter and increase 24% to 3.4 gigawatts by 2040, which would require additional grid improvements paid for by electric ratepayers. Because BEPS includes both direct GHG emissions and site EUI standards, peak electricity demand is expected to decrease 6% to 2.58 gigawatts by 2040. Reducing peak demand reduces the need for ratepayer funded grid improvements and helps Maryland efficiently use existing electric grid infrastructure. A copy of the Lawrence Berkeley National Laboratory’s peak electricity demand study will be posted on MDE’s website.

II. Types of Economic Impact.

Impacted Entity

Revenue (R+/R-)

Expenditure (E+/E-)

Magnitude

A. On issuing agency:

 

 

(1) Implement and Enforce

(E+)

$1,300,000

(2) Alternative Compliance Fee

(R+)

Indeterminable

B. On other State agencies:

(E-)

$4.47 per square foot

C. On local governments:

(E-)

$4.47 per square foot

 

Benefit (+)

Cost (-)

Magnitude

D. On regulated industries or trade groups:

 

 

Covered building owners

(+)

$4.47 per square foot

E. On other industries or trade groups:

 

 

(1) Covered building occupants

(+)

Indeterminable

(2) Electric and gas companies and district energy providers 

(-)

Indeterminable

(3) Fuel providers

(-)

Indeterminable

F. Direct and indirect effects on public:

 

 

Public health

(+)

Indeterminable

III. Assumptions. (Identified by Impact Letter and Number from Section II.)

A(1). MDE estimates it will need a new unit to implement and enforce the required BEPS for covered buildings. In total, MDE estimates total administrative costs resulting from the Climate Solutions Now Act of 2022 requirements are $3.2 million in fiscal 2023, with ongoing costs of at least $1.9 million annually. For the BEPS provisions specifically, MDE estimates an administrative cost of $1.3 million annually.

A(2). The extent to which the alternative compliance fee established by MDE under the BEPS regulation will generate State revenues is unknown at this time and is therefore indeterminable.

B. Other State agencies that own and operate State-owned buildings will need to make building investments to comply with BEPS and will also benefit from energy cost savings over time. Results from a 2023 study by the U.S. Department of Energy’s Lawrence Berkeley and Pacific Northwest National Laboratories demonstrate that on average, and cumulatively across the 2025-2050 time horizon, buildings save $4.47/sqft, but there is significant variation: 25% of buildings save >$9.29/sqft and 25% lose >$4.43/sqft. This includes the building investments (costs) in efficiency and electrification and energy cost savings (benefits) from reduced energy consumption from 2025-2050. Additionally, significant funding from the federal Bipartisan Infrastructure Law and Inflation Reduction Act are expected to reduce costs of compliance with BEPS for other State agencies and speed their return on investments.

C. Local governments that own and operate government-owned buildings will need to make building investments to comply with the building energy performance standards and will also benefit from energy cost savings over time. Results from a 2023 study by the U.S. Department of Energy’s Lawrence Berkeley and Pacific Northwest National Laboratories demonstrate that on average, and cumulatively across the 2025-2050 time horizon, buildings save $4.47/sqft, but there is significant variation: 25% of buildings save >$9.29/sqft and 25% lose >$4.43/sqft. This includes the building investments (costs) in efficiency and electrification and energy cost savings (benefits) from reduced energy consumption from 2025-2050. Additionally, significant funding from the federal Bipartisan Infrastructure Law and Inflation Reduction Act are expected to reduce costs of compliance with BEPS for local governments and speed their return on investments.

D. Covered building owners will need to make building investments to comply with the building energy performance standards and will also benefit from energy cost savings over time. Results from a 2023 study by the U.S. Department of Energy’s Lawrence Berkeley and Pacific Northwest National Laboratories demonstrate that on average, and cumulatively across the 2025-2050 time horizon, buildings save $4.47/sqft, but there is significant variation: 25% of buildings save >$9.29/sqft and 25% lose >$4.43/sqft. This includes the building investments (costs) in efficiency and electrification and energy cost savings (benefits) from reduced energy consumption from 2025-2050. Additionally, significant funding from the federal Bipartisan Infrastructure Law and Inflation Reduction Act are expected to reduce costs of compliance with BEPS and speed return on investments.

E(1). Covered building occupants are expected to save money on energy costs from reduced energy consumption from 2025-2050.

E(2). Electric and Gas Companies and District Energy Providers. Maryland’s BEPS require benchmarking data from electric and gas companies and district energy providers. There will be costs associated with the delivery of data to covered building owners.

E(3). Fuel Providers. Investments in energy efficiency and electrification in Maryland’s covered buildings may result in reduced fuel sales from 2025-2050.

F. These regulations will have a positive effect on public health due to reduced emissions that contribute to health and respiratory issues.

Economic Impact on Small Businesses

The proposed action has a meaningful economic impact on small businesses. An analysis of this economic impact follows:

As described in the above economic impact, on average, over the 2025-2050 time horizon, covered buildings save $4.47 per square foot in energy costs. The savings and costs identified in the 2023 study from the U.S. Department of Energy’s Lawrence Berkeley and Pacific Northwest National Laboratories will impact small businesses that are covered building owners and may also impact small businesses that are tenants in buildings covered by BEPS.

The Building Energy Transition Task Force, created by the CSNA, will prepare a report to the Governor and the General Assembly which will include recommendations relating to a plan for funding the retrofit of covered buildings to comply with BEPS. Additionally, significant funding from the federal Bipartisan Infrastructure Law and Inflation Reduction Act are expected to reduce costs of compliance with BEPS for Maryland’s affected sources and 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 Mr. Mark Stewart, Program Manager, Climate Change Program, Maryland Department of the Environment, 1800 Washington Blvd., Baltimore, MD 21230, or call 410-537-3291, or email to BEPS.MDE@maryland.gov. Comments will be accepted through January 18, 2024. The Maryland Department of the Environment will hold a virtual public hearing on the proposed action on January 18, 2024, at 10 a.m. See the Maryland Department of the Environment’s website for virtual hearing information:

Please join the meeting from your computer, tablet or smartphone.

https://meet.goto.com/696708285

You can also dial in using your phone.

Access Code: 696-708-285

United States (Toll Free): 1 866 899 4679

Interested persons are invited to attend and express their views. Comments must be received by 5 p.m. on January 18, 2024 or submitted at the hearing. For more information, contact Mr. Mark Stewart, Program Manager, Climate Change Program, 410-537-3291. Comments can be submitted to email address BEPS.MDE@maryland.gov, or mailed to Maryland Department of the Environment, 1800 Washington Boulevard, Suite 705, Baltimore, Maryland 21230-1720; telephone (410) 537-3000.

Copies of the proposed action and supporting documents are available for review at the Maryland Department of the Environment’s website at http://www.mde.state.md.us/programs/regulations/air/Pages/reqcomments.aspx.

 

Editor’s Note on Incorporation by Reference

     Pursuant to State Government Article, §7-207, Annotated Code of Maryland, the Technical Memorandum 23-01, “Technical Guidance and Calculation Methodologies to Comply with Building Energy Performance Standards”, August, 2023, 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.maryland.gov. The document may also be inspected at the office of the Division of State Documents, 16 Francis Street, Annapolis, Maryland 21401.

 

26.28.01 Definitions and Documents Incorporated by Reference

Authority: Environment Article, §§1-404, 2-301, 2-302, 2-1205, 2-1602, Annotated Code of Maryland

.01 Purpose.

The purpose of this chapter is to define the terms used in this subtitle and identify the documents that are incorporated by reference.

.02 Definitions.

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

B. Terms Defined.

(1) “Affordable housing providers” means the owner of a covered building that primarily provides housing to limited income households, where a minimum of 51 percent of households living within the building are at or below 80 percent of the area median income, as defined in the Housing and Community Development Article, §4–1801, Annotated Code of Maryland, or a covered building that is restricted under the Low-Income Housing Tax Credit (LIHTC) program.

(2) Agricultural Building.

(a) “Agricultural building” means a structure that is used primarily to cultivate, manufacture, process, or produce agricultural crops, raw materials, products, or commodities.

(b) “Agricultural building” includes a greenhouse.

(3) “Alternative compliance fee” means a fee paid by the building owner to come into compliance with applicable net direct emissions standards, as specified in COMAR 26.28.0401A.

(4) “Area-weighted standard” means an interim or final performance standard that is calculated based on the floor area proportion of the property types within a covered building.

(5) Authorized Occupant.

(a) “Authorized occupant” means a person that is approved by a building owner to be within a covered building.

(b) “Authorized occupant” does not include:

(i) Security guards;

(ii) Janitors;

(iii) Construction workers;

(iv) Landscapers; and

(v) Other maintenance personnel.

(6) “Baseline performance” means the weather-normalized numeric values of net direct greenhouse gas emissions and site EUI of a covered building for the covered building’s baseline year.

(7) “Baseline year” means either calendar year 2025 for a covered building that was constructed and occupied prior to calendar year 2025 or the first full calendar year in which a newly constructed covered building was occupied.

(8) “Benchmark” means to track and input a building’s energy consumption data and other relevant building information on a monthly basis for at least 12 consecutive months, as required by the benchmarking tool, to quantify the building’s energy use and greenhouse gas emissions.

(9) Benchmarking Information.

(a) “Benchmarking information” means descriptive information about a building, its operating characteristics, and information generated by the benchmarking tool regarding the building’s energy consumption, efficiency, and performance.

(b) “Benchmarking information” includes but is not limited to the building identification number, address, gross floor area, and separate energy consumption totals for each fuel type.

(10) “Benchmarking tool” means the website-based software, commonly known as ENERGY STAR Portfolio Manager, or any successor system, approved by the United States Environmental Protection Agency.

(11) “Building” has the meaning set forth in the International Building Code, which is incorporated by reference under COMAR 09.12.51.04A and as modified in COMAR 09.12.51.04B.

(12) “Building owner” means an individual or legal entity possessing title to a building including but not limited to a board of the owners’ association, master association, board of directors, community association, cooperative housing corporation, or condominium.

(13) “Campus” means a collection of two or more buildings, of any building type or size, that act as a single cohesive property with a single shared primary function and are owned and operated by the same party, such as, but not limited to, higher education or hospital campuses, as determined by the Department.

(14) “Commercial building” means a commercial building as defined and subject to the commercial provisions of the International Energy Conservation Code, which is incorporated by reference in COMAR 09.12.51.04A and as modified in COMAR 09.12.51.04D, regardless of the nature of the entity or government that owns the building.

(15) Covered Building.

(a) “Covered building” means a building that is a commercial or multifamily residential building in the State of Maryland or is owned by the State of Maryland and has a gross floor area of 35,000 square feet or more, excluding the parking garage area, and is:

(i) A single building;

(ii) One or more buildings held in the condominium form of ownership with a combined gross floor area of 35,000 square feet or more, excluding the parking garage area, and governed by a single board of managers; or

(iii) Two or more buildings with a combined gross floor area of 35,000 square feet or more, excluding the parking garage area, that are served in whole or in part by the same electric or gas meter or are served by the same heating or cooling system or systems, which is not a district energy system.

(b) “Covered building” includes a building that meets the criteria for a covered building as described in this section and is located in a historic district but where the building is not individually designated as a historic property under federal, state, or local law.

(c) “Covered building” does not include:

(i) A building, or space within a building, individually designated as a historic property under federal, State, or local law, separate and apart from a building’s inclusion in a historic district;

(ii) A public or nonpublic elementary or secondary school building;

(iii) A manufacturing building;

(iv) An agricultural building; or

(v) A building owned by the federal government;

(16) “Department” means the Maryland Department of the Environment.

(17) “Direct greenhouse gas emissions or direct emissions” means greenhouse gas emissions produced on-site by covered buildings, as calculated by the benchmarking tool unless otherwise specified by the Department.

(18) “District energy system” means a system in which thermal energy generated at one or more central facilities provides heating or cooling through a network of insulated underground pipes to provide hot water, steam, space heating, air conditioning, or chilled water to nearby buildings.

(19) “District energy provider” means an entity that provides thermal energy to customers through a district energy system.

(20) “Electric company” has the meaning stated in Public Utilities Article, §1-101, Annotated Code of Maryland.

(21) “Final performance standard or final standard” means the numeric values of net direct greenhouse gas emissions and site EUI that each covered building shall ultimately achieve on an annual basis in 2040 and beyond.

(22) “Financial distress” means:

(a) A property that is the subject of a tax lien sale or public auction due to property tax arrearages;

(b) A property that is controlled by a court appointed receiver; or

(c) A property that was acquired by a deed in lieu of foreclosure in the last calendar year.

(23) “Food service facility” has the meaning stated in COMAR 10.15.03.02B.

(24) Full-Time-Equivalent Employee.

(a) “Full-time-equivalent employee” means a person that occupies a covered building for no less than 40 hours per week throughout a calendar year.

(b) “Full-time-equivalent employee” excludes:

(i) Security guards;

(ii) Janitors;

(iii) Construction workers;

(iv) Landscapers; and

(v) Other maintenance personnel.

(25) “Gas company” has the meaning stated in Public Utilities Article, §1-101, Annotated Code of Maryland.

(26) “Greenhouse gas emissions or emissions” means gasses released into the atmosphere that contribute to climate change, including but not limited to carbon dioxide (CO2), as calculated by the benchmarking tool unless otherwise specified by the Department.

(27) Gross Floor Area.

(a) “Gross floor area” means the total building square footage measured between the principal exterior surfaces of the enclosing fixed walls of a building.

(b) “Gross floor area” consists of all areas inside the building, including but not limited to lobbies, tenant areas, common areas, meeting rooms, break rooms, the base level of atriums, restrooms, elevator shafts, stairwells, mechanical equipment areas, basements, and storage rooms.

(c) “Gross floor area” does not include exterior spaces, balconies, bays, patios, exterior loading docks, driveways, covered walkways, outdoor play courts (e.g., tennis, basketball), parking, the interstitial space between floors, which house pipes and ventilation, and crawl spaces.

(d) “Gross floor area” is not the same as rentable space, but rather includes all areas inside the building or buildings.

(28) “Interim performance standard or interim standard” means the numeric values of net direct greenhouse gas emissions and site EUI which covered buildings shall achieve by a specified calendar year that is prior to 2040.

(29) “Manufacturing building” means a building classified as a manufacturing building in North American Industry Classification System (NAICS) or otherwise designated as a manufacturing building by the Department.

(30) “Mixed-use building” means a building that contains two or more property types.

(31) Net Direct Greenhouse Gas Emissions or net direct emissions.

(a) “Net direct greenhouse gas emissions or net direct emissions” means:

(i) The sum of all direct greenhouse gas emissions from a covered building; or

(ii) For a covered building connected to a district energy system, direct greenhouse gas emissions plus the greenhouse gas emissions attributable to thermal energy inputs from the district energy system used by the covered building, as calculated using the methodology provided in this regulation.

(b) “Net direct greenhouse gas emissions or net direct emissions” does not include direct greenhouse gas emissions from a food service facility located within a covered building.

(32) “Newly constructed covered building” means a covered building that was constructed after 2024 and occupied by at least one full-time-equivalent employee or authorized occupant.

(33) “Occupied” means a covered building with at least one full-time equivalent employee or authorized occupant.

(34) “Property type” means the primary use of a building space as specified in ENERGY STAR Portfolio Manager.

(35) Site Energy Use.

(a) “Site energy use” means all energy used on-site by a covered building to meet the energy loads of the building.

(b) “Site energy use” includes electricity delivered to the building through the electric grid and/or generated on-site with renewable sources; thermal energy delivered to the building through a district energy system; and natural gas, diesel, propane, fuel oil, wood, coal, and other fuels used on-site.

(c) “Site energy use” excludes electricity used for charging vehicles, a food service facility located within a covered building, and other electricity uses excluded from site energy use by the benchmarking tool.

(36) “Site energy use intensity or site EUI” is calculated by the benchmarking tool by dividing the total energy consumed in one calendar year by the gross floor area of the building and reported as a value of a thousand British thermal units (kBTU) per square foot per year.

(37) “Tenant” means a person or entity occupying or holding possession of a building, part of a building, or premises pursuant to a rental or lease agreement.

(38) “Weather normalized” means a method for modifying the measured building energy use in a specific calendar year to estimate energy use under normal weather conditions as calculated by the benchmarking tool.

(39) Web Services Application Programming Interface (API) or Web Services API.

(a) “Web services API” means the free application for use by organizations to exchange building energy and other data between their own systems and the benchmarking tool.

(b) “Web services API” may include the entry of data into the tool and/or the calculation and extraction of metrics and other information from the tool.

(40) “Whole building energy consumption data” means energy data that has been summed for an entire building, which may include a single occupant or a group of separately metered tenants, representing the cumulative total of energy used in the covered building.

.03 Incorporation by Reference.

In this subtitle, the Maryland Department of the Environment Technical Memorandum (TM) 23-01, “Technical Guidance and Calculation Methodologies to Comply with Building Energy Performance Standards”, August, 2023, is incorporated by reference.

 

26.28.02 Benchmarking and Reporting

Authority: Environment Article, §§1-404, 2-301, 2-302, 2-1205, 2-1602, Annotated Code of Maryland

.01 Purpose.

The purpose of this chapter is to establish reporting requirements for building owners, tenants, electric and gas companies, and district energy providers.

.02 Reporting Requirements of Building Owners.

A. Data Collection.

(1) Each calendar year beginning in 2025 or in the first calendar year after which a newly constructed covered building is occupied, the building owner shall collect and enter all required benchmarking information for the previous calendar year into the benchmarking tool.

(2) Nothing in this regulation shall be construed to permit a building owner to use tenant energy usage data for purposes other than evaluation of the performance of the building.

B. Benchmarking Report.

(1) A building owner shall submit a benchmarking report to the Department by June 1st of each year, beginning in 2025, using the benchmarking tool.

(2) Following the first full calendar year that energy data can be collected and the building was occupied, the owner of any newly constructed covered building shall benchmark the building and report to the Department no later than June 1st of the following year, and every June 1st thereafter.

(3) The annual benchmarking report shall include, at a minimum, the benchmarking information spanning January 1st to December 31st of the previous calendar year.

(4) The building owner shall enter data into the benchmarking tool such that the benchmarking report shall be based on an assessment of the energy consumed by the building for the entire calendar year being reported.

(5) The building owner shall exclude from the benchmarking report submetered and separately metered energy consumption data for:

(a) Food service facilities that engage in commercial cooking and water heating;

(b) Electric vehicle charging;

(c) Other electricity uses excluded from site energy use by the benchmarking tool; and

(d) Emissions from required combustion equipment under the following conditions:

(i) Emissions from generators shall be excluded from the net direct emissions requirements if a federal or State regulation requires a covered building including a health care facility, laboratory, assisted living and nursing facility, military building, critical infrastructure, and a building used in life sciences to use a backup generator or other equipment that shall run on combustible fuels.

(ii) A covered building is required to include emissions from a combustion generator/equipment if the relevant federal or State regulation is updated to allow battery storage and/or other types of systems that do not produce direct emissions.

(6) Energy consumption for food service facilities can be excluded using a standard deduction formula in accordance with the Department’s TM 23-01, “Technical Guidance and Calculation Methodologies to Comply with Building Energy Performance Standards,” which is incorporated by reference in COMAR 26.28.01.03 when such energy consumption cannot be excluded using submetered or separately metered data.

(7) Before submitting a benchmarking report, the building owner shall run all automated data quality checker functions available within the benchmarking tool and shall confirm that all data has been accurately entered into the tool. The building owner shall correct all missing or incorrect information as identified by the data quality checker prior to submitting the benchmarking report to the Department.

(8) If a building owner is notified of an inaccuracy by the Department or other third party, then the building owner shall amend the information reported within the benchmarking tool, and shall provide the Department with an updated benchmarking submission within 30 days of learning of the inaccuracy.

(9) The building owner of a mixed-use covered building shall use the benchmarking tool to report the gross floor area for all property types in the building.

(10) The building owners of a covered building that is connected to district energy systems shall submit additional information to supplement the annual benchmarking report in accordance with the Department’s TM 23-01, “Technical Guidance and Calculation Methodologies to Comply with Building Energy Performance Standards”, which is incorporated by reference in COMAR 26.28.01.03.

C. Third Party Verification of Benchmarking Reports.

(1) The building owner shall have a third party verify the accuracy of benchmarking reports for calendar years:

(a) 2025 (benchmarking report due in 2026);

(b) 2030 (benchmarking report due in 2031);

(c) 2035 (benchmarking report due in 2036);

(d) 2040 (benchmarking report due in 2041); and

(e) Every 5 years thereafter.

(2) The building owner of a newly constructed covered building shall have a third party verify the first required benchmarking report and then comply with the schedule in this chapter for verification of subsequent reports.

(3) The building owner shall provide to the third party verifier all utility bills, delivered fuel receipts, and other documentation needed by the verifier for the calendar year covered by the benchmarking report.

(4) The building owner shall submit a copy of a third party verification to the Department when submitting the associated benchmarking report in accordance with the Department’s TM 23-01, “Technical Guidance and Calculation Methodologies to Comply with Building Energy Performance Standards”, which is incorporated by reference in COMAR 26.28.01.03.  

D. Maintenance of Historical Data.

(1) The building owner shall maintain adequate records demonstrating compliance with this chapter, including but not limited to, energy bills, reports, forms, and records received from tenants or utilities and records.

(2) Such records shall be preserved for a period no less than 5 years.

(3) At the request of the Department, such records shall be made available for inspection and audit by the Department.

.03 Reporting Requirements of Tenants.

A tenant of a covered building shall, within 30 days of a request by the building owner, provide all requested benchmarking information that cannot otherwise be acquired by the building owner from other sources.

.04 Reporting Requirements of Electric and Gas Companies and District Energy Providers.

A. Electric and Gas Companies.

(1) Electric and gas companies delivering energy to a covered building shall maintain whole-building energy consumption data for all buildings, for at least the most recent 5 years in an electronic format capable of being uploaded to the benchmarking tool.

(2) On and after January 1, 2025, upon the request and authorization of a building owner an electric or gas company shall provide the building owner with at least the most recent 12 consecutive months of whole building energy consumption data by fuel type for the specified building for all the fuel types provided by the company.

(a) The electric or gas company shall provide data to the requestor as follows:  

(i) Data shall include whole building energy consumption, aggregating all utility meters that measure energy consumption at the building;

(ii) Data shall be provided to the requestor within 90 days of receiving a data request in 2025;

(iii) Data shall be provided to the requestor within 30 days of receiving a data request in 2026 or later; and

(iv) Whole building energy consumption data shall be provided to the requestor in monthly intervals.

(b) An electric or gas company may be exempt from §A(2)(a) of this regulation in accordance with §A(7) of this regulation.

(3) Investor-owned electric and gas companies serving 40,000 or more customers shall use the benchmarking tool’s web services API to deliver data to requesters on an ongoing basis.

(4) Investor-owned electric and gas companies serving fewer than 40,000 customers, municipal electric and gas companies, or cooperatively owned electric and gas companies shall provide data in the spreadsheet template specified by the benchmarking tool, or through the benchmarking tool’s web services API to requesters on an ongoing basis.

(5) Electric and gas companies shall develop and maintain a process to identify and confirm with the building owner the list of meters that will be used to calculate the aggregated total as follows:

(a) Electric and gas companies shall provide to the building owner a listing of all meters included in the whole building energy consumption data for verification purposes; and

(b) If any correction or update takes place at a meter that is included in the whole building energy consumption data, then the affected value or values shall be proactively updated by the electric or gas company through the benchmarking tool’s web services API or through an updated spreadsheet template with a notification provided to the building owner/data requestor.

(6) For covered buildings with five or more tenants, electric and gas companies shall deliver to requestors the monthly whole building energy consumption data capturing total consumption by fuel type of all relevant fuel or fuels across all meters at the building.

(a) The whole building energy consumption data shall not be deemed confidential information by the electric and gas companies for purposes of delivery to the building owner.

(b) Electric and gas companies will not be required to acquire explicit authorization for data release by the individual tenants.

(7) For covered buildings with fewer than five tenants, electric and gas companies shall deliver whole building energy consumption data to the building owner if the building tenants provide written or electronic consent for the delivery of the tenant’s energy data to the building owner.

(a) The building tenant’s consent may be provided in a lease agreement provision.

(b) The building tenant’s consent is not required if an electric or gas company customer vacates the covered building before explicitly denying consent for the delivery of the tenant’s energy data to the building owner.

(8) When providing whole-building consumption data to a property with onsite generation of renewable electricity (for example, solar or wind energy), electric and gas companies shall ensure that the consumption values delivered to the building owner capture total (gross) grid electricity consumption as metered by the electric or gas company, rather than net, or net-metered, consumption of grid electricity.

B. District Energy Providers.

(1) Starting no later than January 1, 2025, district energy providers shall maintain all records that are necessary to comply with this regulation for a period of not less than 5 years. At the request of the Department, such records shall be made available for inspection and audit by the Department.

(2) District energy providers shall provide greenhouse gas emissions factors per unit of district energy input (steam, hot water, chilled water, etc.) to the owners of covered buildings and to the Department for benchmarking and compliance purposes.

(3) Emissions factors and a full and detailed accounting of their calculation shall be provided by the district energy provider by March 1st of each calendar year and cover the previous calendar year based on actual fuel consumption and system performance data. The Department may require a third party review of such calculations paid for by the district energy provider.

(4) District energy providers shall use methodology for allocating emissions that will be based on the “Efficiency Method” in the World Resources Institute’s “Calculation tool for direct emissions from stationary combustion: Allocation of GHG Emissions from a Combined Heat and Power (CHP) Plant”.

.05 Disclosure of Covered Building Benchmarking and Performance Standards Information.

A. Before a buyer signs a contract for the purchase of a covered building, the building owner selling the covered building shall:

(1) Disclose to the prospective buyer that the building is subject to requirements under this subtitle;

(2) Transfer the following records to the prospective buyer:

(a) A copy of the complete benchmarking record from the benchmarking tool;

(b) Documentation of data verification;

(c) Documentation of any alternative compliance payments made to the Department; and

(d) Any other records relevant to maintain compliance under this subtitle; and

(3) Provide to the prospective buyer the following information:

(a) Performance baseline; and

(b) Interim and final performance standards.

 

26.28.03 Performance Standards and Compliance Demonstration

Authority: Environment Article, §§1-404, 2-301, 2-302, 2-1205, 2-1602, Annotated Code of Maryland

.01 Purpose.

The purpose of this chapter is to establish performance standards for covered buildings.

.02 Performance Standards.

A. Interim and final net direct emissions and final site EUI standards are:

Table 1. Performance Standards.

 

Net Direct Emissions Standards

Kg CO2e per square foot

Site EUI Standards

kBTU per square foot

Property Type

Interim Standard for 2030-2034

Interim Standard for 2035-2039

Final Standard for 2040 and beyond

Final Standard for 2040 and beyond

Adult Education

2.34

1.17

0

46

Ambulatory Surgical Center

1.76

0.88

0

46

Aquarium

1.99

1.00

0

145

Bank Branch

1.01

0.50

0

85

Bar/Nightclub

1.70

0.85

0

220

Barracks

0.57

0.29

0

38

Bowling Alley

2.07

1.03

0

84

Casino

1.03

0.52

0

41

College/University

2.43

1.21

0

57

Convenience Store with Gas Station

2.25

1.13

0

137

Convenience Store without Gas Station

2.25

1.13

0

137

Convention Center

0.39

0.19

0

40

Courthouse

1.14

0.57

0

47

Data Center

1.26

0.63

0

145

Distribution Center

0.58

0.29

0

19

Enclosed Mall

0.24

0.12

0

44

Fast Food Restaurant

exempt

exempt

exempt

exempt

Financial Office

0.32

0.16

0

58

Fire Station

1.70

0.85

0

47

Fitness Center/Health Club/Gym

2.87

1.43

0

59

Food Sales

2.25

1.13

0

137

Food Service

exempt

exempt

exempt

exempt

Heated Swimming Pool

2.07

1.03

0

84

Hospital (General Medical and Surgical)

6.10

3.05

0

144

Hotel

1.47

0.74

0

60

Ice/Curling Rink

2.07

1.03

0

84

Indoor Arena

1.03

0.52

0

41

K-12 School

exempt

exempt

exempt

exempt

Laboratory

5.35

2.68

0

144

Library

1.92

0.96

0

55

Lifestyle Center

0.91

0.46

0

58

Mailing Center/Post Office

0.92

0.46

0

48

Medical Office

0.18

0.09

0

70

Movie Theater

0.78

0.39

0

57

Multifamily Housing

0.82

0.41

0

29

Museum

0.75

0.38

0

29

Non-Refrigerated Warehouse

0.09

0.05

0

30

Office

0.22

0.11

0

55

Other — Education

1.59

0.80

0

45

Other — Entertainment/Public Assembly

0.54

0.27

0

48

Other — Lodging/Residential

0.002

0.001

0

37

Other —Mall

1.40

0.70

0

81

Other — Other

1.60

0.80

0

54

Other — Public Services

2.12

1.06

0

61

Other — Recreation

0.70

0.35

0

78

Other — Restaurant/Bar

exempt

exempt

exempt

exempt

Other — Services

2.63

1.31

0

51

Other — Specialty Hospital

6.10

3.05

0

144

Other —Stadium

0.31

0.16

0

23

Other —Technology/Science

0.001

0.001

0

183

Outpatient Rehabilitation/Physical Therapy

1.76

0.88

0

46

Parking

exempt

exempt

exempt

exempt

Performing Arts

2.38

1.19

0

57

Personal Services (Health/Beauty, Dry Cleaning, etc.)

2.17

1.09

0

47

Police Station

1.52

0.76

0

54

Pre-school/Daycare

2.45

1.23

0

48

Prison/Incarceration

0.57

0.29

0

38

Race Track

1.03

0.52

0

41

Refrigerated Warehouse

1.37

0.69

0

38

Repair Services (Vehicle, Shoe, Locksmith, etc.)

2.16

1.08

0

52

Residence Hall/Dormitory

0.70

0.35

0

38

Residential Care Facility

1.43

0.72

0

50

Restaurant

exempt

exempt

exempt

exempt

Retail Store

0.60

0.30

0

48

Roller Rink

2.07

1.03

0

84

Self-Storage Facility

0.19

0.10

0

7

Senior Living Community

1.43

0.72

0

50

Social/Meeting Hall

1.53

0.76

0

39

Stadium (Closed)

0.31

0.16

0

23

Stadium (Open)

0.32

0.16

0

21

Strip Mall

1.90

0.95

0

58

Supermarket/Grocery Store

2.25

1.13

0

137

Transportation Terminal/Station

2.22

1.11

0

56

Urgent Care/Clinic/Other Outpatient

1.76

0.88

0

46

Vehicle Dealership

2.23

1.12

0

61

Veterinary Office

1.76

0.88

0

46

Vocational School

2.34