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)
08.02.03.01,.10,.12—.14
• 51:1 Md. R. 17 (1-12-24)
08.02.03.07 •
51:1 Md. R. 20 (1-12-24)
08.02.04.04 •
51:1 Md. R. 27 (1-12-24)
08.02.05.07 •
51:1 Md. R. 29 (1-12-24)
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)
08.02.23.04 •
51:1 Md. R. 27 (1-12-24)
08.02.25.06 •
50:24 Md. R. 1045 (12-1-23)
08.02.26.01—.06 •
51:1 Md. R. 30 (1-12-24)
08.18.18.03 •
50:26 Md. R. 1134 (12-29-23)
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)
09.09.01.03 • 51:1 Md. R. 32 (1-12-24)
09.10.02.43,.53 • 50:24 Md. R. 1046 (12-1-23)
09.11.09.02 • 50:26 Md. R. 1135 (12-29-23)
09.13.05.03 • 50:26 Md. R. 1136 (12-29-23)
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)
09.21.04.03 • 50:26 Md. R. 1136 (12-29-23)
09.22.01.12 • 50:25 Md. R. 1099 (12-15-23)
09.22.01.13 • 50:3 Md. R. 92 (2-10-23)
09.23.04.03 •
50:26 Md. R. 1137 (12-29-23)
09.24.01.09 •
50:26 Md. R. 1138 (12-29-23)
09.28.03.03 •
50:26 Md. R. 1139 (12-29-23)
09.33.02.01—.09 •
50:25 Md. R. 1100 (12-15-23)
09.34.01.01,.02,.04,.05
• 51:1 Md. R. 33 (1-12-24)
09.34.01.13 •
51:1 Md. R. 34 (1-12-24)
09.34.02.01 •
51:1 Md. R. 33 (1-12-24)
09.34.03.01,.02 •
51:1 Md. R. 35 (1-12-24)
09.34.04.01—.03 •
51:1 Md. R. 33 (1-12-24)
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)
10.09.06.09 •
51:1 Md. R. 36 (1-12-24)
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)
10.09.80.01,.05,.08 • 51:1 Md. R. 37 (1-12-24)
10.09.92.04,.05 • 51:1 Md. R. 38 (1-12-24)
Subtitles 10—22 (3rd volume)
10.11.08.01—.06 •
51:1 Md. R. 39 (1-12-24)
Subtitles 23—36 (4th volume)
10.24.10.01 • 50:24
Md. R. 1050 (12-1-23) (ibr)
10.25.07.02,.04,.05,.09
• 51:1 Md. R. 41 (1-12-24)
10.25.18.01—.04,.06,.07,.09—.11
• 51:1 Md. R. 43 (1-12-24)
10.27.01.05 •
50:20 Md. R. 907 (10-6-23)
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)
10.44.01.01—.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.15.05.06 •
51:1 Md. R. 50 (1-12-24)
13A.15.09.01 •
51:1 Md. R. 50 (1-12-24)
13A.15.10.02 •
50:20 Md. R. 927 (10-6-23)
13A.15.10.06 •
51:1 Md. R. 50 (1-12-24)
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.16.09.01,.04
• 51:1 Md. R. 50 (1-12-24)
13A.16.10.04 •
50:20 Md. R. 927 (10-6-23)
13A.16.10.05 •
51:1 Md. R. 50 (1-12-24)
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.18.09.01,.04
• 51:1 Md. R. 50 (1-12-24)
13A.18.10.04 •
50:20 Md. R. 927 (10-6-23)
13A.18.10.05 •
51:1 Md. R. 50 (1-12-24)
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)
14.26.02.01—.12 •
50:26 Md. R. 1140 (12-29-23)
14.26.03.01—.13 •
50:26 Md. R. 1142 (12-29-23)
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
15.14.09.03 •
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)
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)
26.30.01.01—.08 • 51:1 Md. R. 52 (1-12-24)
26.30.02.01—.09 • 51:1 Md. R. 52 (1-12-24)
26.30.03.01—.03 • 51:1 Md. R. 52 (1-12-24)
26.30.04.01,.02 • 51:1 Md. R. 52 (1-12-24)
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
33.07.07.01 •
50:26 Md. R. 1147 (12-29-23)
33.07.09.01—.04 •
50:26 Md. R. 1147 (12-29-23)
33.11.01.04 •
50:26 Md. R. 1148 (12-29-23)
33.11.03.02,.08 •
50:26 Md. R. 1147 (12-29-23)
33.11.03.06 •
50:23 Md. R. 1029 (11-17-23)
33.11.04.03 •
50:23 Md. R. 1029 (11-17-23)
33.11.05.04 •
50:26 Md. R. 1148 (12-29-23)
33.16.03.01 •
50:26 Md. R. 1147 (12-29-23)
33.16.06.04 •
50:23 Md. R. 1029 (11-17-23)
33.17.06.10 • 50:26 Md. R. 1147
(12-29-23)
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)
36 MARYLAND STATE LOTTERY
AND GAMING CONTROL AGENCY
36.03.01.02 • 50:26 Md. R. 1149
(12-29-23)
36.03.02.06,.12—.14,.16,.17 •
50:26 Md. R. 1149 (12-29-23)
36.03.03.01,.05—.07,.10 • 50:26
Md. R. 1149 (12-29-23)
36.03.06.03 • 50:26 Md. R. 1149
(12-29-23)
36.03.08.02,.04 • 50:26 Md. R.
1149 (12-29-23)
36.03.10.16,.20,.21,.34 • 50:26
Md. R. 1149 (12-29-23)
36.03.11.05 • 50:26 Md. R. 1149
(12-29-23)
36.04.01.11 • 50:26 Md. R. 1149
(12-29-23)
36.04.02.01,.02 • 50:26 Md. R.
1149 (12-29-23)
36.07.02.12,.18 • 50:26 Md. R.
1149 (12-29-23)
36.10.01.02 • 50:26 Md. R. 1149
(12-29-23)
36.10.02.10,.14 • 50:26 Md. R.
1149 (12-29-23)
36.10.03.02,.04 • 50:26 Md. R.
1149 (12-29-23)
36.10.04.02—.06 • 50:26 Md. R.
1149 (12-29-23)
36.10.05.01,.02 • 50:26 Md. R.
1149 (12-29-23)
36.10.06.02—.07,.09,.11 • 50:26
Md. R. 1149 (12-29-23)
36.10.10.03 • 50:26 Md. R. 1149
(12-29-23)
36.10.13.20,34,.40,.41 • 50:26
Md. R. 1149 (12-29-23)
36.10.14.03,.06 • 50:26 Md. R.
1149 (12-29-23)
36.10.15.03,.04 • 50:26 Md. R.
1149 (12-29-23)
36.11.02.20 • 50:26 Md. R. 1149
(12-29-23)
The Division of State Documents
DEPOSITORIES FOR DOCUMENTS
INCORPORATED BY REFERENCE
Depositories for Documents
Incorporated by Reference
into the Code of Maryland Regulations (COMAR)
Annapolis
MD Department of
Legislative Services
90 State Circle (21401)
Contact:
Cynthia Stiverson
410-946-5430, 301-970-5400,
800-492-7111 x5400 (MD only)
FAX 410-946-5405
MD State Archives
350 Rowe Blvd. (21401)
Contact:
Christine Alvey
410-260-6438
FAX 410-974-3895
MD State Law Library
Robert C. Murphy Courts of
Appeal Bldg.
361 Rowe Blvd. (21401)
Contact:
Deborah Judy
410-260-1430, 888-216-8156
FAX 410-974-2063
Baltimore
State Library Resource Center
Enoch Pratt Free Library
400 Cathedral St. (21201)
Contact:
Danielle Ford
443-396-5426
FAX 410-396-4570
Thurgood Marshall Law Library
University of Md. Francis King Carey School of Law
501 W. Fayette Street (21201)
Contact:
Stephanie Bowe
410-706-0783
FAX 410-706-8354
Charlotte Hall
Southern MD Regional Library
37600 New Market Rd.
P.O. Box 459 (20622)
Contact:
Susan Grant
301-934-9442
FAX 301-884-0438
College Park
Hornbake Library
University of MD
Marylandia Room (20742)
Contact:
Liz Novara
301-314-2712
FAX 301-314-2709
Frostburg
Frostburg State University
Lewis J. Ort Library
1 Susan Eisel Drive (21532)
Contact:
Lisa Hartman
301-687-4734
FAX 301-687-7069
Princess Anne
Frederick Douglass Library
University of MD Eastern
Shore
(21853)
Contact:
Marvella Rounds
410-651-7697
FAX 410-651-6269
Rockville
Montgomery County Public
Library
Rockville Branch
21 Maryland Avenue (20850)
Contact:
Ann Cohn
240-777-0140
FAX 240-777-0155
Salisbury
Salisbury University
Guerrieri Academic Commons
Room AC 180A
1134 S Salisbury Blvd. (21801)
Contact:
Martha Zimmerman
410-677-0110
FAX 410-543-6203
Towson
Albert S. Cook Library
Towson University
8000 York Road (21252)
Contact:
Carl Olson
410-704-3267
FAX
410-704-4755
Washington, D.C.
Library of Congress
Anglo-American Acquisitions Division
Government Documents Section
101 Independence Ave., S.E.
(20540)
Contact:
Richard Yarnall
202-707-9470
FAX 202-707-0380
The Governor
EXECUTIVE ORDER 01.01.2023.21
(Rescinds Executive Orders 01.01.2022.07, 01.01.2022.05, 01.01.2018.30,
01.01.2017.01, and 01.01.2015.13)
Maryland’s Office of Overdose Response
WHEREAS, The State of Maryland faces a substance-related
overdose crisis;
WHEREAS, Overdose rates increased at an unprecedented rate
in Maryland and across the United States in the last decade, resulting in
wide-scale loss of life;
WHEREAS, Substance-related overdose deaths are preventable,
and access to substance use disorder services can reduce overdose-related harms
and save lives;
WHEREAS, Overdose-related harms affect communities in every
Maryland jurisdiction and all demographic groups, threatening the well-being of
the State;
WHEREAS, Maryland has experienced increasing racial
disparities in overdose-related outcomes;
WHEREAS, Leadership from an executive-level office can
direct the optimal mobilization of State and local resources and coordinate the
efforts of all State agencies working to reduce overdose-related morbidity and
mortality, and address health disparities;
WHEREAS, Maryland State agencies possess specialized
capabilities, data, and expertise that, when shared, can promote more effective
response efforts to the overdose crisis;
WHEREAS, Local government agencies can reduce
overdose-related harms through the provision of services and can promote
coordinated statewide action through the sharing of capabilities, data, and
expertise;
WHEREAS, Collaboration between the State and local
jurisdictions is necessary to promote the adoption of evidence-informed best
practices that can reduce overdose morbidity and mortality;
WHEREAS, The Opioid Operational Command Center has grown
from a primarily emergency management response team to a multi-disciplinary
office focused on broad approaches to the State’s varied substance-related
issues, and is the lead office coordinating the State’s response to combat
substance-related overdose morbidity and mortality; and
WHEREAS, There is a need to rename the Opioid Operational
Command Center to reflect its broad purpose and mission.
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 01.01.2022.07, 01.01.2022.05,
01.01.2018.30, 01.01.2017.01, AND 01.01.2015.13
AND PROCLAIM THE FOLLOWING EXECUTIVE ORDER, EFFECTIVELY IMMEDIATELY:
A. Maryland’s Office of Overdose Response
(1) There is a Maryland’s Office of Overdose Response (the
“Office”) within the Maryland Department of Health.
(2) The Office shall be managed by a Special Secretary of Overdose
Response, who serves at the pleasure of the Governor. The Special Secretary
shall:
(a) Direct the daily operation and administration of the Office;
(b) Act as a coordinating liaison to the Maryland Overdose Response
Advisory Council;
(c) Provide
advice and recommendations to the Governor on matters related to overdose; and
(d) Coordinate with federal and local governments to strengthen
overdose prevention and response programs and initiatives.
(3) Staffing. The Special
Secretary shall select, organize, and direct the staff of Maryland’s Office of
Overdose Response.
(4) Duties. The Office shall
be responsible for the following activities:
(a) Facilitate statewide coordination of overdose prevention and
response efforts across Maryland’s 24 local jurisdictions and State agencies;
(b) Coordinate
the interagency process to develop the Governor's policy agenda
affecting overdose prevention and response programs and initiatives;
(c) Support local jurisdictions through grant funds to their
Overdose Prevention Teams, as established by Section C, below;
(d) Conduct and coordinate public outreach on behalf of the
Governor to encourage greater involvement and participation by community
organizations and constituent groups;
(e) Assist in the identification of funding opportunities for State
and local agencies and community organizations to implement initiatives that
further the State’s goal of reducing overdose morbidity and mortality;
(f) Coordinate and consult on matters relating to overdose
prevention and response initiatives across State government; emphasize
communication and cooperation with federal and local governments on all
overdose-related concerns; and provide recommendations to enhance
intergovernmental prevention and response efforts;
(g) Coordinate and facilitate data sharing among State and local
sources while maintaining the privacy and security of sensitive personal
information; and
(h) Provide staff to the Maryland Overdose Response Advisory
Council.
(5) Maryland’s Office of Overdose Response is the successor agency
of the Opioid Operational Command Center.
B. Overdose Prevention Teams
(1) Prior to receiving funds from the Office, each county and the
City of Baltimore shall establish an Overdose Prevention Team that meets at
least quarterly and reports activities and data to Maryland’s Office of
Overdose Response annually.
(2) An Overdose Prevention Team shall include, but is not limited
to, individuals with experience in:
(a) Health;
(b) Social services;
(c) Education;
(d) Public safety agencies, including law enforcement, fire
service, and emergency services;
(e) Harm reduction programs;
(f) Recovery support programs;
(g) Substance use treatment; and
(h) Community and faith-based organizations.
C. Maryland
Overdose Response Advisory Council
(1) There is a Maryland Overdose Response Advisory Council (the
“Council”).
(2) Membership.
(a) The Council shall include individuals from the following State
agencies:
(i) Maryland’s Office of Overdose Response;
(ii) Department of Health;
(iii) Department of Human Services;
(iv) Department of Housing and Community Development;
(v) Department of Labor;
(vi) Department of Commerce;
(vii) Department of Education;
(viii) Department of Public Safety and Correctional Services;
(ix) Department of Juvenile Services;
(x) Department of Emergency Management;
(xi) Department of Veterans Affairs;
(xii) Department of Aging;
(xiii) Department of Disabilities;
(xiv) Governor’s Office of Crime Prevention, Youth and Victim
Services;
(xv) Institute for Emergency Medical Services Systems;
(xvi) Office of the Public Defender;
(xvii) Maryland Judiciary; and
(xviii) Maryland State Police.
(b) Staff members from the Offices of the Governor and Lieutenant
Governor will also be regular participants.
(c) Other State agencies may be asked to participate at the
invitation of the Chair.
(3) Duties. The Council shall:
(a) Facilitate data sharing among respective agencies;
(b) Identify emerging challenges related to the provision of
substance use disorder services and develop recommendations to address those
challenges;
(c) Promote equity in the provision of substance use disorder
services;
(d) Share data related to equity among all relevant agencies;
(e) Coordinate the implementation of recommendations of Maryland’s
Commission for Health Equity related to overdose mortality and the Racial
Disparities in Overdose Taskforce; and
(f) Submit a report to the Governor annually by November 1.
(4) Procedures.
(a) The Lieutenant Governor shall chair the Council. The Chair
shall:
(i) Oversee the work of the Council;
(ii) Determine the Council’s agenda; and
(iii) Identify additional support as needed.
(b) The Council shall meet on a quarterly basis, at minimum.
(c) A majority of the Council members shall constitute a quorum for
the transaction of any business.
(d) The Council may adopt other procedures as necessary to ensure
the orderly transaction of business.
(e) Members from the Offices of the Governor and Lieutenant
Governor will be regular participants.
(f) Other state agencies as needed.
(5) Maryland’s Office of Overdose Response shall provide staff to
the Council.
D. All State departments, agencies, commissions, and boards are
directed to cooperate with Maryland’s Office of Overdose Response in
implementing the provisions of this Executive Order, including but not limited
to, sharing relevant data.
E. Reports. Maryland’s Office of Overdose Response shall submit a
report to the Governor and the public in the form of an interagency
coordination plan by December 1, 2024, and thereafter annually by December 1.
F. 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.
G. 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 14th Day of
December 2023.
WES MOORE
Governor
ATTEST:
SUSAN C. LEE
Secretary of State
[24-01-11]
EXECUTIVE ORDER 01.01.2023.22
(Rescinds Executive Order 01.01.2015.19)
Governor's Workforce Development Board
WHEREAS, The Governor’s Workforce Development Board (the
“Board”) was established by Maryland statute and Executive Order in 1983 to
promote comprehensive planning and coordination of employment and training
programs in the State;
WHEREAS, The Board is Maryland’s chief strategic and
policy-making body on workforce development, innovation, and opportunity;
WHEREAS, The federal Workforce Innovation and Opportunity
Act of 2014 (the “2014 Act”) sets forth the guidelines for states to administer
workforce programs and services, and requires that each governor establish a
state-level workforce development board to lead the workforce agenda;
WHEREAS, The 2014 Act establishes the framework for the
appointment and membership of the Board and authorizes the Governor to appoint
the Board;
WHEREAS, 2015, via Executive Order, the Board was
reconstituted to function as the designated State workforce board, with
planning and coordinating responsibilities related to federal support received
through the 2014 Act and other workforce development programs;
WHEREAS, In 2016, the State made revisions to enacted
legislation that established the Governor’s Workforce Development Board, its
membership requirements, functions and duties, and funding consistent with the
2014 Act;
WHEREAS, In 2021, the State enacted the Blueprint for
Maryland’s Future, which established the Career and Technical Education
Committee as a unit within the Governor’s Workforce Development Board, codified
in the Annotated Code of Maryland, Education §21-209;
WHEREAS, The Moore-Miller Administration is committed to
advancing a highly competitive and inclusive Maryland economy that leaves no
one behind;
WHEREAS, All Marylanders must have access to the tools and
resources necessary to build career-ready skills and to succeed and thrive in
the modern labor market;
WHEREAS, Maryland businesses must have the ability to
attract, develop, and retain the highly skilled workforce they need in order to
compete in the modern economy;
WHEREAS, Greater alignment and coordination across public
and private sectors and across education, training, economic development, and
service delivery stakeholders is necessary to attract, develop, and retain a
highly skilled workforce and to remove barriers to participation in the
workforce;
WHEREAS, The Governor’s Workforce Development Board can play
a more significant role in workforce development strategy and policy to further
these goals.
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 01.01.2015.19 AND PROCLAIM THE
FOLLOWING EXECUTIVE ORDER, EFFECTIVELY IMMEDIATELY:
A. Establishment. There is a Governor's Workforce Development Board
(the “Board”).
B. Duties and Responsibilities.
(1) The Board shall serve as the Governor’s chief strategic and
policy-making body for workforce development by engaging key business, labor,
education, community, and State and local government leaders to collaborate on
business-led workforce approaches that advance Maryland’s economic
competitiveness and build pathways to work, wages and wealth for all
Marylanders.
(2) The priorities of the Board shall include, but are not limited
to:
(a) Building talent pipelines to supercharge growth in Maryland’s
key industry sectors;
(b) Addressing barriers to employment experienced by underserved
populations;
(c) Expanding access to affordable, high-quality, career-connected
experiential learning and industry-recognized credentials, including
apprenticeship and career and technical education opportunities;
(d) Aligning systems, services and resources to strategically
leverage Maryland’s assets; and
(e) Supporting collaboration with local workforce development
boards and other local stakeholders to ensure those closest to workforce
challenges are central to the solutions.
(3) The Board shall execute the duties and responsibilities
enumerated in the 2014 Act, including:
(a) Help to set and communicate the Governor’s workforce
development vision, goals, and strategy;
(b) Align activities of key business, labor, education, workforce
development, cabinet and local stakeholders to execute that vision;
(c) Develop industry partnerships to support workforce development
goals;
(d) Direct or recommend funding to support those activities as
appropriate;
(e) Offer policy recommendations to the Governor’s office for
consideration;
(f) Support the continuous improvement of workforce development
system and program performance;
(g) Develop
other policies as may promote statewide objectives for and enhance the
performance of the workforce development system in the State;
(h) Assist and
advise the Governor on the development, implementation, and modification of the
State Plan under the 2014 Act;
(i) Develop the
statewide workforce and labor market information system described in the
Wagner-Peyser Act; and
(j) Prepare the 2014 Act annual reports.
C. Membership. The Board shall include but is not limited to the
following members:
(1) The Governor;
(2) One member of the Maryland Senate, appointed by the President
of the Senate;
(3) One member of the Maryland House of Delegates, appointed by the
Speaker of the House;
(4) The following Maryland Officials:
(a) The Secretary of Labor;
(b) The Secretary of Commerce;
(c) The Secretary of Higher Education;
(d) The State Superintendent of Schools;
(e) Two chief elected officials, who collectively represent both
cities and counties, and,
(f) Any individual that may be required by Annotated Code of
Maryland, Education §21-209(d); and
(5) Members appointed by the Governor, which must include:
(a) A majority of the Board membership representing businesses in
the State including:
(i) At least one representative who is selected from nominations by
State business organizations and business trade associations;
(ii) Owners of businesses, chief executives or operating officers
of business, or other business executives or employers with optimum
policymaking or hiring authority, and who, in addition, may be members of a
local workforce development board; and
(iii) Representatives of businesses, or organizations representing
businesses described in this section, that provide employment opportunities
that include high-quality, work-relevant training and development in in-demand
industry sectors or occupations in the State; and
(iv) At least one member representing small businesses as defined
by the U.S. Small Business Administration.
(b) Not less than 20 percent of the Board membership representing
workforce within the State appointed by the Governor including:
(i) At least two representatives of labor organizations nominated
by state labor federations;
(ii) At least one representative who is a member of a labor
organization or a training director from a joint labor-management
apprenticeship program;
(iii) One president from a community college;
(iv) The President of the Maryland Workforce Association; and
(v) Other representatives of the workforce or workforce development
community that may include community-based organizations with demonstrated
experience and expertise in addressing the employment, training or education
needs of youth and adults, particularly those with barriers to employment, such
as returning citizens, veterans and individuals with disabilities.
(6) The Board shall also include the following ex officio,
non-voting members who are asked to serve in an advisory capacity and to
partner on relevant initiatives of the Board:
(a) The Secretary of Aging;
(b) The Secretary of Service and Civic Innovation;
(c) The Secretary of Disabilities;
(d) The Secretary of Health;
(e) The Secretary of Housing and Community Development;
(f) The Secretary of Human Services;
(g) The Secretary of Juvenile Services;
(h) The Secretary of Public Safety and Correctional Services;
(i) The Secretary of Transportation; and
(j) The Secretary of Veterans Affairs.
(7) The membership and operations of the Board shall conform to the
requirements set forth in the federal Workforce Innovation and Opportunity Act
of 2014.
(8) To the extent practicable, the membership of the Board shall
reflect the race, gender, age, and geographic diversity of the population of
the State.
(9) Members appointed by the Governor under C(5)(a), C(5)(b)(i)
through (iii), and C(5)(b)(v) shall serve four-year staggered terms. All other
members shall serve so long as they hold the office or designation stipulated
under C(1) through (4), C(5)(b)(iv), and C(6).
(10) The Governor shall designate a Chairperson who shall serve at
the pleasure of the Governor. The Chairperson shall be a business
representative serving pursuant to C(5)(a) and may not be an elected official
or an employee of the State of Maryland or any local government.
(11) Members of the Board may not receive any compensation for
their service, but may receive reimbursement for reasonable expenses incurred
in the performance of their duties in accordance with the State Travel
Regulations and as provided in the State budget.
(12) Members of the Board are subject to the State Public Ethics
Law and are required to file annual financial disclosures unless otherwise
exempted by law.
D. Procedures.
(1) The Board shall hold publicly announced meetings at such times
and such places as it deems necessary. The meetings shall be open and
accessible to the general public in accordance with Maryland’s Open Meetings
Act or other applicable law.
(2) A quorum for
voting purposes shall be the presence of a majority of the members of the
Board. Board members cannot delegate their authority and cannot send a
representative in their place for quorum or voting purposes.
(3) The Board is authorized to obtain such professional, technical,
and clerical personnel and assistance as may be necessary to carry out its
functions, in accordance with the appropriate State budgetary and
administrative requirements.
(4) The Board may establish an Executive Committee composed of
members appointed by the Chairperson as designated in the bylaws. At least 51
percent of the members of the Executive Committee must be business members
appointed under C(5)(a).
(5) The Board may delegate to the Executive Committee any of the
powers of the Board except those powers which are required by law to be
exercised by the Board. The Chairperson may also appoint ad-hoc committees as
appropriate as provided in the bylaws.
(6) Board members who do not attend at least two-thirds of the
scheduled Board meetings in a twelve month period are considered to have
resigned unless a waiver is granted by the Governor.
(7) The Board members and staff shall collaborate with staff of the
State’s workforce development agency on workforce development strategies,
policies, and programs as needed to ensure that the Board’s functions regarding
statewide strategy, policy, partnerships and workforce system governance are
well-coordinated with the operations of key workforce development programs, and
to ensure that Maryland’s businesses, residents, local workforce development
boards and other workforce development stakeholders experience a coherent and
coordinated workforce system that supports economic competitiveness, talent
pipelines for businesses, and access to opportunity for all Marylanders.
(8) The Board is authorized to explore public-private partnership
opportunities and, as it deems necessary, to establish processes or mechanisms,
conforming with State law, by which to accept financial resources from
philanthropic organizations to support the Board’s capacity to conduct
activities related to the responsibilities above.
E. Reporting: The Board shall submit an annual report to the
Governor and the General Assembly as soon as possible after January 1 of each
year.
F. 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 21st Day of
December 2023.
WES MOORE
Governor
ATTEST:
SUSAN C. LEE
Secretary of State
[24-01-12]
EXECUTIVE ORDER 01.01.2024.01
The Longevity-Ready Maryland Initiative: A Multisector Plan for
Longevity
WHEREAS, The well-being of older Marylanders is an urgent
and essential priority for the State;
WHEREAS, By 2030, one in four Marylanders will be 60 and
older;
WHEREAS,
Older Marylanders are on pace to contribute an estimated $487 billion to the State’s economy by 2050,
and will encompass almost 43% of the State’s projected gross domestic product;
WHEREAS,
Maryland’s increasingly older population will create new opportunities for
economic and community growth;
WHEREAS, Maryland’s demographic trends provide an
opportunity to embrace the potential of older adults and become an
aging-friendly and longevity-ready state, where Marylanders can age with
dignity and independence;
WHEREAS, Existing services for older adults are
insufficient, which disproportionately harm those with the greatest economic
and social needs;
WHEREAS, In Maryland’s direct care workforce, women, and
especially women of color, are disproportionately represented and earn below a
living wage;
WHEREAS, Family caregivers play a vital role in the lives of
older adults and do not receive adequate support;
WHEREAS,
Maryland must increase opportunities for older Marylanders, and those with
different abilities, to age in the setting of their choice and increase
affordable housing options fitting a range of needs for all;
WHEREAS, Maryland must act with urgency and seize the
opportunity to build a longevity-ready and aging-friendly state, by
establishing new policies and programs, evaluating the efficacy of current
services, identifying new support options for older adults and caregivers,
coordinating with public and private partners, and strategically planning for
the future; and
WHEREAS, Leaving no older Marylander behind requires
significant action now.
NOW THEREFORE, I, WES MOORE, GOVERNOR OF THE STATE OF
MARYLAND, BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE CONSTITUTION AND LAWS
OF MARYLAND, HEREBY PROCLAIM THE FOLLOWING EXECUTIVE ORDER, EFFECTIVE
IMMEDIATELY:
A. Establishment.
(1) The Maryland Department of Aging is hereby directed to develop
and implement the Longevity-Ready Maryland Initiative, a multisector plan to
evaluate existing services, support, and care options for older adults and
recommend a plan of action to address demographic trends, such as the falling
birth rate and longer life spans of residents in Maryland.
(2) The
Longevity-Ready Maryland Initiative will serve as a blueprint for all sectors
to positively transform the aging experience for all Marylanders, through
collaboration, partnership, strategic investments, and policy changes.
B. Duties.
(1) The Secretary of the Maryland Department of Aging (“Secretary”)
shall convene workgroups to advise the Secretary in developing and implementing
the Longevity-Ready Maryland Initiative.
(2) The workgroups shall include representatives from:
a. Area agencies on aging;
b. The older adult community;
c. The Aging Network;
d. Organized Labor;
e. Advocacy organizations for older adults;
f. Caregivers and caregiver advocacy organizations;
g. The private sector;
h. Aging experts from the following disciplines: healthcare,
technology, academia, innovation, and philanthropy; and
i. Such other agencies and experts recommended to the Governor by
the Secretary as necessary to develop and implement the Longevity-Ready
Maryland Initiative.
(3) In selecting workgroup members, the Secretary shall consider:
a. The racial, ethnic, gender, and geographic diversity of
Maryland; and
b. The lived and professional experiences of potential members.
(4) The Secretary shall engage and coordinate with independent
State agencies, federal, State, and local partners, and, if feasible, private
entities to gather information that may assist in the development of the
Longevity-Ready Maryland Initiative.
C. The Longevity-Ready Maryland
Initiative. The Initiative shall:
(1) Evaluate the utility of existing services, support, and care
options for older adults, including those with different abilities;
(2) Review current data and establish a comprehensive framework of
policies and programs that seek to improve and support the health, well-being,
and quality of life for older adults;
(3) Set forth a plan to transform the infrastructure and
coordination of services among State agencies for older adults;
(4) Identify goals with measurable outcomes, necessary to implement
the Longevity-Ready Maryland Initiative; and
(5) Include recommendations on:
a. Enhancing coordination among public and private partners on
aging-related programs and policies;
b. Increasing coordination between federal, State, and local
government programs and services to serve the needs of older adults, their
families, and caregivers;
c. Changes to laws, regulations, and policies that will promote
capacity building in housing, transportation, long-term care, and caregiver
support;
d. Mechanisms to strengthen the direct care workforce and support
family caregivers;
e. Long-term care and insurance models for older adults and the
feasibility of implementing each;
f. Opportunities to better support cognitive and behavioral health
for older adults;
g. Opportunities to improve the economic well-being of older
adults;
h. Increasing access to justice for older adults, including
combating abuse, neglect, fraud, and exploitation;
i. Creating a more age-integrated State that promotes
intergenerational relationships and decreases loneliness across generations;
j. Expanding Maryland’s workforce to include older adults;
k. Funding sources to support any recommended programs or policy
changes developed under the Longevity-Ready Maryland Initiative; and
l. Any other aging-related matters identified by the Maryland
Department of Aging.
D. Reporting.
(1) By July 1, 2025, the Department of Aging shall submit an
interim report to the Governor summarizing the findings and recommendations of
the Longevity-Ready Maryland Initiative and provide projected timelines to
implement the recommendations.
(2) By July 1, 2025, the Department of Aging and the Department of
Planning shall establish a public data dashboard to publish the goals,
performance indicators, and progress of the Longevity-Ready Maryland
Initiative.
(3) The Department of Aging shall submit a report to the Governor
on or before January 1, 2026, and annually by January 1st each year thereafter,
outlining the activities and recommendations of the Longevity-Ready Maryland Initiative.
E. Duration. This Executive Order shall remain in effect
until December 31, 2035, unless earlier modified or rescinded.
F. State Agency Coordination.
(1) To the extent permitted by law, all units of State government
that are under the control of the Governor shall cooperate with and assist the
Department of Aging by sharing information and expertise, to develop and
implement the Longevity-Ready Maryland Initiative.
(2) Constitutional officers and units of State government that are
not under the control of the Governor, like the Comptroller and Attorney
General, are invited to contribute and assist the Department of Aging in
developing and implementing the Longevity-Ready Maryland Initiative.
G. General Provisions.
(1) 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.
(2) 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 3rd Day of
January 2024.
WES MOORE
Governor
ATTEST:
SUSAN C. LEE
Secretary of State
[24-01-13]
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 01
EXECUTIVE DEPARTMENT
Subtitle 02 SECRETARY OF STATE
01.02.08 Notary Public:
General Regulations
Authority: State Government Article, §§18-103, 18-107, and 18-222,
Annotated Code of Maryland
Notice of Final Action
[23-256-F]
On January 2, 2024, the Secretary of State adopted amendments to
Regulations .02, .03, .09, and .10 under COMAR 01.02.08 Notary Public: General
Regulations. This action, which was proposed for adoption in 50:23 Md. R.
1006—1007 (November 17, 2023), has been adopted as proposed.
Effective Date: January 22, 2024.
SUSAN C. LEE
Secretary of State
Title 08
DEPARTMENT OF NATURAL RESOURCES
Subtitle 02 FISHERIES SERVICE
08.02.11 Fishing in Nontidal
Waters
Authority: Natural Resources Article, §§4-221 and 4-602, Annotated
Code of Maryland
Notice of Final Action
[23-232-F]
On December 21, 2023, the Secretary of Natural Resources adopted
amendments to Regulation .01 under COMAR 08.02.11 Fishing in Nontidal Waters.
This action, which was proposed for adoption in 50:22 Md. R. 982—983 (November
3, 2023), has been adopted with the nonsubstantive changes shown below.
Effective Date: January 22, 2024.
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:
Based on public comment, the Department is adding the term
“centerpin” to the list of reels prohibited in fly fishing-only areas.
Centerpin reels are a method of angling where a fly or other bait is cast directly
from the reel. Therefore, because the current text already prohibits any method
of angling when a fly is cast directly from a reel, centerpin reels are already
prohibited. However, because the following list is incomplete, members of the
public were concerned that centerpin reels were not explicitly prohibited.
Since this gear was already technically prohibited by current text, the change
is not more restrictive than the originally proposed text and could have been
reasonably foreseen by the public at the time of publication.
.01
Trout Fishing and Management Areas.
A.—B. (proposed text unchanged)
C. Catch-and-Return Trout Fishing Areas.
(1)—(3) (proposed text unchanged)
(4) Areas Limited to Artificial Fly Fishing Only.
(a) Special provisions in effect on these areas:
(i)—(ii) (proposed text unchanged)
(iii) A person may fish only with conventional fly fishing tackle,
including fly rods, fly reels, and fly line with a leader or monofilament line
attached. Any method of angling when the fly is cast directly from the reel is
prohibited. The use of centerpin, spinning,
spincast, and casting reels is prohibited.
(iv)—(vi) (proposed text
unchanged)
(b) (text unchanged)
D.—J. (proposed text unchanged)
JOSH KURTZ
Secretary of Natural Resources
Subtitle 02
FISHERIES SERVICE
08.02.11 Fishing in Nontidal
Waters
Authority: Natural Resources Article, §4-602, Annotated Code of
Maryland
Notice of Final Action
[23-231-F]
On December 21, 2023, the Secretary of Natural Resources adopted
amendments to Regulations .04 and .06 under COMAR 08.02.11 Fishing in Nontidal Waters. This action, which was
proposed for adoption in 50:22 Md. R. 983—985 (November 3, 2023), has been
adopted as proposed.
Effective Date: January 22, 2024.
JOSH KURTZ
Secretary of Natural Resources
Subtitle 07 FORESTS AND PARKS
08.07.08 Licensed Forest
Products Operator
Authority: Natural Resources Article, §5-608.1, Annotated Code of
Maryland
Notice of Final Action
[23-186-F]
On December 21, 2023, the
Secretary of Natural Resources adopted new Regulation .08 under COMAR 08.07.08
Licensed Forest Products Operators. This action, which was proposed for
adoption in 50:18 Md. R. 809—810 (September 8, 2023), has been adopted as proposed.
Effective Date: January 22, 2024.
JOSH KURTZ
Secretary of Natural Resources
Title 09
MARYLAND DEPARTMENT OF LABOR
Subtitle 12 DIVISION OF LABOR AND
INDUSTRY
09.12.56 Maryland Swimming Pool and Spa
Standards
Authority: Public Safety
Article, §§12-1203 and 12-1207(a)(2), Annotated Code of Maryland
Notice of Final Action
[23-249-F-I]
On January 2, 2024, the Secretary of Labor adopted new Regulations
.01—.05 under a new chapter, COMAR 09.12.56 Maryland Swimming Pool and
Spa Standards. This action, which was proposed for adoption in 50:23 Md. R.
1007—1008 (November 17, 2023), has been adopted as proposed.
Effective Date: January 22, 2024.
PORTIA WU
Secretary of Labor
Title 14
INDEPENDENT AGENCIES
Subtitle 22 COMMISSION ON CRIMINAL
SENTENCING POLICY
14.22.01 General Regulations
Authority: Criminal Procedure Article, §6-211, Annotated Code of
Maryland
Notice of Final Action
[23-241-F]
On January 2, 2024, the Maryland State Commission on Criminal
Sentencing Policy adopted amendments to Regulations .02, .03, and .07—.11 under COMAR 14.22.01 General Regulations. This action, which was proposed
for adoption in 50:23 Md. R. 1008—1011 (November 17, 2023), has been adopted as
proposed.
Effective Date: February 1, 2024.
DAVID SOULE
Executive Director
Title 15
MARYLAND DEPARTMENT OF AGRICULTURE
Subtitle 01 OFFICE OF THE SECRETARY
15.01.18 Farmers’ Market
Nutrition Program—Appeal Procedure
Authority: Agriculture Article, §2-103, Annotated Code of Maryland
Notice of Final Action
[23-189-F]
On December 20, 2023, the Maryland Department of Agriculture
adopted amendments to Regulations .01—.03,
.05, .07, and .09 under COMAR 15.01.18 Farmers’ Market Nutrition
Program —Appeal Procedure. This action, which was proposed for adoption in
50:22 Md. R. 990—991 (November 3, 2023), has been adopted as proposed.
Effective Date: January 22, 2024.
STEVEN A. CONNELLY
Deputy Secretary of Agriculture
Title 21
STATE PROCUREMENT REGULATIONS
Subtitle 11 SOCIOECONOMIC POLICIES
21.11.11 Prevailing
Wage—Contracts for Public Works
Authority: State Finance and Procurement Article, §§17-204(a) and
17-221, Annotated Code of Maryland
Notice of Final Action
[23-247-F]
On January 2, 2024, the Commissioner of Labor and Industry adopted
the repeal of existing Regulation .07
and the recodification of existing Regulations .08 and .09 to be
Regulations .07 and .08 under COMAR 21.11.11 Prevailing Wage—Contracts for Public Works. This
action, which was proposed for adoption in 50:23 Md. R. 1023 (November 17,
2023), has been adopted as proposed.
Effective Date: January 22, 2024.
DEVKI K. VIRK
Commissioner of Labor and Industry
Proposed Action on Regulations
Title 08
DEPARTMENT OF NATURAL RESOURCES
Subtitle 02 FISHERIES SERVICE
08.02.03 Blue Crabs
Authority: Natural Resources Article, §§4-215 and 4-803, Annotated
Code of Maryland
Notice of Proposed Action
[23-285-P]
The Secretary of Natural Resources proposes to amend Regulations .01, .10, and .12—.14 under COMAR 08.02.03 Blue Crabs.
Statement of Purpose
The purpose of this action is to define the terms “lug”, “bushel”,
and “barrel” for COMAR 08.02.03 Blue Crabs, modify rules for which containers
may be used in the recreational and commercial fisheries, modify commercial
catch limits currently set in regulation only in bushels, and modify
recreational catch limits to account for the possibility of containers other
than bushels being used by recreational crabbers.
The action proposes to define a “lug” as a rectangular-shaped
container for female hard crabs that do not exceed the following inside
dimensions:
• 22-7/8
inches in length across the top, 14-7/8 inches in width across the top
• 21
inches length across the bottom
• 13
inches width across the bottom
• 12-3/8
inches height
Containers of these dimensions are already used in the commercial
crab fishery to hold male hard crabs and were previously allowed for mature
females under an emergency action. The action also proposes definitions for the
terms “bushel” and “barrel”. A circular bushel will be defined as having an
18" top diameter, 12" height, and 13.5" bottom diameter. A
rectangular bushel will be defined as having an 11" height, 19.5"
length, and 12.5" width. A barrel will be defined as having a 20.5"
top diameter, 27.5" height, and 18" bottom diameter. Bushels will be
allowed in both the recreational and commercial fisheries, while lugs and
barrels will only be allowed in the commercial fishery.
This action proposes to allow mature female hard crabs to be
harvested in lugs in addition to bushels and barrels. The current regulation
requires mature female hard crab harvest to be held in either bushels or
barrels. A shortage of wooden bushel baskets has left the commercial crabbing
industry with few options for holding mature female hard crab harvests. The
industry has identified the lug as the preferred alternate container, but it is
larger than a bushel basket and, therefore, needs to be defined in regulation
and included as a container that can be used to hold mature female hard crab
harvest. To set catch limits by lug, the Department will use a conversion
factor of 1.5 (1 lug equals 1.5 bushels) until additional data can be obtained
to better refine the conversion.
This action proposes to require mature female hard crabs and male
hard crabs to be kept in containers of identical dimensions on vessels,
although crabs of different sexes may be kept in different types of containers.
As an example, a harvester may have all mature females in lugs and all males in
bushels, but males could not be kept in both bushels and lugs. If harvesters
were to mix containers for one sex, it would be difficult for the Department to
set understandable catch limits. Catch limits will be more easily enforced by
prohibiting the “mixing and matching” of containers on board a vessel for one
sex. Daily catch limits are integral to the Department's ability to ensure the
fisheries do not overharvest crabs.
This action updates certain daily limits which are currently
described in regulation in bushel amounts. The Department is proposing to add
the limits for the allowable alternative containers. Commercial daily hard crab
catch limits for Worcester County would be specified as 25 bushels, 16 lugs, or
10 barrels, and daily hard male crab catch limits for commercial finfish gear
would be specified as 2 bushels or 1 lug. Daily hard female catch limits for
commercial finfish gear will remain restricted to the daily maximum number of
female crabs allowed by the individual's license type as established by public
notice.
Lastly, this action modifies the recreational catch limit for
scenarios where either one or two crabbing licenses are involved while crabbing
in the Chesapeake Bay. When the recreational crabber is storing their crabs in
a bushel, the catch limit will be 1 bushel if there is one licensed individual
or an unlicensed individual is crabbing on a licensed crabbing boat. If they
are not storing their crabs in a bushel, the catch limit will be six dozen
crabs. In scenarios where there are two recreational licenses (i.e., two
licensed individuals or one licensed individual on a licensed boat with another
person), the catch limit will be 2 bushels if storing the crabs in bushels or
12 dozen if storing the crabs in containers other than bushels. These catch
limits have been modified during the last 2 years by public notice based on the
Blue Crab Winter Dredge Survey results, but the intention of the Department is
to return to the historical catch limit when the population and management
allows. The action also makes similar updates to the recreational catch limit
in the Atlantic Ocean and its coastal bays.
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed action may have
an indeterminable positive economic impact by allowing commercial harvesters to
use an alternative container to hold mature female blue crabs. Due to the
limited availability of the current legal containers, failure to allow an
alternative container may result in negative economic impacts.
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:
|
|
|
|
Commercial harvesters
|
(+)
|
Indeterminable
|
|
E. On other industries or
trade groups:
|
|
|
|
Crab picking houses
|
(+)
|
Indeterminable
|
|
F. Direct and indirect
effects on public:
|
(+)
|
Indeterminable
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
D. Allowing commercial harvesters to utilize an alternative
container rather than the currently allowed bushels and barrels will allow
commercial harvesters to continue to harvest mature female crabs. It is not
clear the extent to which harvesters are or will be constrained by the current
lack of availability of legal containers. It is the Department’s understanding
that while some bushel baskets are currently available, there will not be
enough bushel baskets available to last the industry for the whole season if
the industry is to harvest the full amount that current limits would allow.
E. Crab picking houses rely heavily on mature female crabs for
their operations. By allowing harvesters to use lugs, picking houses will be
assured to have access to all of the mature female crabs that the current
limits will allow harvesters to catch. If harvesters cannot deliver their catch
to the processors, supply of crab to the public may be disrupted. This may
ultimately lead to lost market share for Maryland processors and long-term
negative consequences.
F. The public expects to have a consistent supply of Maryland
crab, both available for purchase at markets and restaurants, as well as in the
form of pasteurized crab meat. If commercial harvesters are not able to acquire
the necessary containers in which to store their harvest, that supply will be
disrupted. This will result in higher prices for available crabs and negative
impacts on the public.
Economic Impact on Small Businesses
The proposed action has a meaningful economic impact on small
businesses. An analysis of this economic impact follows:
The proposed action may have an indeterminable positive economic
impact on small business. See Sections IID, E, and F.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to Blue Crabs — Containers and Limits
Regulations, Regulatory Staff, Department of Natural Resources, Fishing and
Boating Services, 580 Taylor Ave., E4, Annapolis, MD 21401, or call
410-260-8300, or submit comments to https://dnr.maryland.gov/fisheries/pages/regulations/changes.aspx#bcrabcont.
Comments will be accepted through February 12, 2024. A public hearing will be
held on January 25, 2024, at 1 p.m. More information available at:
https://go.activecalendar.com/doit-md/event/blue-crab-regulatory-hearing---containers-and-limits/.
.01 Crabbing Gear.
A. (text unchanged)
B. Recreational
Gear—Definitions.
(1) (text unchanged)
(2) “Bushel”
means a:
(a) Circular container with the
following inside dimensions:
(i) 18 inches top diameter;
(ii) 13-1/2 inches bottom
diameter; and
(iii) 12 inches height; or
(b) Rectangular container
with the following inside dimensions:
(i) 11 inches height;
(ii) 19-1/2 inches length; and
(iii) 12-1/2 inches width.
[(2)] (3)—[(8)] (9) (text unchanged)
C. Commercial Gear.
(1) In addition to the gear listed in §B(2)—[(7)] (8) of this regulation, the gear defined
in this section may also be used for commercial crab harvesting.
(2) (text unchanged)
(3) “Barrel”
means a container [with a minimum capacity of 32 gallons
and] which holds not more than 2-1/2
U.S. standard bushels of crabs[.] and does not exceed the
following inside dimensions:
(a) 20-1/2 inches across the top diameter;
(b) 27-1/2 inches height; and
(c) 18 inches along the
bottom diameter.
(4)—(6) (text unchanged)
(7) “Lug” means a
rectangular-shaped container that does not exceed the following inside
dimensions:
(a) 22-7/8 inches in length
across the top;
(b) 14-7/8 inches in width
across the top;
(c) 21 inches length across
the bottom;
(d) 13 inches width across
the bottom; and
(e) 12-3/8 inches height.
.10 Recreational Crabbing
Catch and Possession Limits — Chesapeake Bay and Its Tidal Tributaries.
A. Daily Catch and Possession Limits.
(1) (text unchanged)
(2) Daily catch and possession limits for individuals harvesting
crabs from shore or from crab pots.
|
(a) (text
unchanged)
|
|
|
|
(b) Licensed individual
|
1 bushel male hard crabs if
storing crabs in a bushel
6 dozen male hard crabs if
storing crabs in any container other than a bushel
|
2 dozen soft crabs, 2 dozen male peeler crabs, or a combination of 2
dozen soft crabs and male peeler crabs
|
(3) Daily catch and possession boat limits for a vessel without a
recreational crabbing boat license.
|
(a)—(b) (text
unchanged)
|
|
|
|
(c) One licensed individual or one licensed individual accompanied by
any number of unlicensed individuals on board an unlicensed vessel
|
1 bushel male hard crabs if
storing crabs in a bushel
6 dozen male hard crabs if
storing crabs in any container other than a bushel
|
2 dozen soft crabs, 2 dozen male peeler crabs, or a combination of 2
dozen soft crabs and male peeler crabs
|
|
(d) Two or more licensed individuals or two or more licensed
individuals accompanied by any number of unlicensed individuals on board an
unlicensed vessel
|
2 bushels male hard crabs if
storing crabs in bushels
12 dozen male hard crabs if
storing crabs in any container other than a bushel
|
2 dozen soft crabs, 2 dozen male peeler crabs, or a combination of 2
dozen soft crabs and male peeler crabs
|
(4) Daily catch and possession
boat limits for a vessel with a recreational crabbing boat license.
|
(a) One or more unlicensed individuals on board a licensed vessel
|
1 bushel male hard crabs if
storing crabs in a bushel
6 dozen male hard crabs if
storing crabs in any container other than a bushel
|
2 dozen soft crabs, 2 dozen male peeler crabs, or a combination of 2
dozen soft crabs and male peeler crabs
|
|
(b) One licensed individual on board a licensed vessel
|
1 bushel male hard crabs if
storing crabs in a bushel
6 dozen male hard crabs if
storing crabs in any container other than a bushel
|
2 dozen soft crabs, 2 dozen male peeler crabs, or a combination of 2
dozen soft crabs and male peeler crabs
|
|
(c) An individual who purchased a recreational crabbing boat license
accompanied by any number of unlicensed individuals on board a licensed
vessel
|
1 bushel male hard crabs if storing
crabs in a bushel
6 dozen male hard crabs if
storing crabs in any container other than a bushel
|
2 dozen soft crabs, 2 dozen male peeler crabs, or a combination of 2
dozen soft crabs and male peeler crabs
|
|
(d) Two or more licensed individuals accompanied by any number of unlicensed
individuals on board a licensed vessel
|
2 bushels male hard crabs if
storing crabs in bushels
12 dozen male hard crabs if
storing crabs in any container other than a bushel
|
2 dozen soft crabs, 2 dozen male peeler crabs, or a combination of 2
dozen soft crabs and male peeler crabs
The catch limit is a bushel per licensed
individual when using a bushel to hold male crabs. When not using a bushel
the catch limit is 6 dozen male hard crabs per licensed individual.
|
|
(e) One licensed individual, who is not the owner of the licensed
vessel, accompanied by any number of unlicensed individuals on board a
licensed vessel
|
2 bushels male hard crabs if
storing crabs in bushels
12 dozen male hard crabs if
storing crabs in any container other than a bushel
|
2 dozen soft crabs, 2 dozen male peeler crabs, or a combination of 2
dozen soft crabs and male peeler crabs
The catch limit is a bushel per licensed
individual when using a bushel to hold male crabs. When not using a bushel the
catch limit is 6 dozen male hard crabs per licensed individual.
|
B. (text unchanged)
.12 Special Regulations for Crabbing in Worcester County.
A. (text unchanged)
B. Daily Catch Limits.
(1) Commercial. The daily catch limit in the coastal bays of the
Atlantic Ocean and their tidal tributaries is 25 bushels, 16 lugs, or 10
barrels per commercial boat.
(2) Recreational. The daily catch limit in the waters of the
coastal bays of the Atlantic Ocean and their tidal tributaries is:
(a) 1 bushel per individual if
storing crabs in a bushel; [and]
(b) 6 dozen crabs per
individual if storing crabs in any container other than a bushel;
[(b)] (c) 2 bushels per boat
if two or more individuals are on the boat and
storing crabs in bushels[.];
and
(d) 12 dozen crabs per boat
if two or more individuals are on the boat and storing crabs in any container
other than bushels.
C.—F. (text unchanged)
.13 Commercial Harvest of
Crabs from Finfish Gear.
A. (text unchanged)
B. The harvest and possession of crabs from a pound net is:
(1)—(3) (text
unchanged)
(4) Restricted to a maximum
of 2 bushels or 1 lug of male crabs
per licensee per day; and
(5) (text unchanged)
C. (text unchanged)
.14 General.
A. (text unchanged)
B. Commercial — General.
(1)—(4) (text unchanged)
(5) Mature female hard crabs shall be kept in separate bushels, lugs
or barrels from male hard crabs or peeler crabs.
(6) Mature female
hard crabs on board a vessel shall be stored in the same type of containers of
similar dimensions.
(7) Male hard crabs on board a vessel shall be stored in the
same type of containers of similar dimensions.
[(6)] (8)—[(13)]
(15) (text unchanged)
C.—G. (text unchanged)
JOSH KURTZ
Secretary of Natural Resources
Subtitle 02
FISHERIES SERVICE
08.02.03 Blue Crabs
Authority: Natural Resources Article, §§4-215 and 4-803, Annotated
Code of Maryland
Notice of Proposed Action
[23-271-P]
The Secretary of Natural Resources proposes to amend Regulation .07 under COMAR 08.02.03 Blue Crabs.
Statement of Purpose
The purpose of this action is to clarify the allowable areas where
commercial crabbers may set crab pots in the Chesapeake Bay and its tidal
tributaries and to clarify the number of crab pots which any commercial
licensee may set in the Atlantic Coastal Bays.
This action will clarify the waters in which crab pots may be set
in the Chesapeake Bay and its tidal tributaries by describing prohibited waters
in a more straightforward, effective, and accurate manner. The main objectives
are to remove the large mainstem polygon and replace it with individual lines
for each tributary, creek, cove, inlet, etc., address lines that are inaccurate,
confusing, or of concern for the resource, remove the ambiguity of the phrase
“along the shore,” provide and update coordinates for all points and references
to landmarks in the regulation, and address emerging issues in the canals of
the Coastal Bays. The action will make it easier for individuals to find the
lines relevant to their commercial operation by more clearly dividing the
sections of the Bay, as well as assigning coordinates to specific points based
on the current regulation, which was at times open to interpretation. A very
small number of lines have been modified in minor directions to accommodate the
goal of providing clear points of reference for both crabbers and enforcement
purposes.
This action clarifies the number of crab pots an individual may
set in the Atlantic Coastal Bays. Based on the current wording of the
regulation, it was not fully clear if an individual who has a 600-pot or
900-pot endorsement may set more than 300 pots in the Atlantic Coastal Bays.
The Department’s original intention was to limit all harvesters to 300 pots per
licensee in the Coastal Bays in order to avoid gear saturation. The higher pot
limits were intended to be utilized in the Chesapeake Bay and its tributaries;
the higher limits were not intended to be used in the Atlantic Ocean and the
coastal bays. This action clarifies the regulation by reflecting the original
intent.
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 Blue Crabs — Crab Pot Line Clarifications,
Regulatory Staff, Department of Natural Resources, Fishing and Boating
Services, 580 Taylor Ave., E4, Annapolis, MD 21401, or call 410-260-8300, or
submit comments to
https://dnr.maryland.gov/fisheries/pages/regulations/changes.aspx#bcrabpotlineclar.
Comments will be accepted through February 12, 2024. A public hearing will be
held on January 25, 2024, at 1 p.m. More information is available at
https://go.activecalendar.com/doit-md/event/blue-crab-regulatory-hearing---containers-and-limits/.
.07 Crab Pots.
A.—C. (text unchanged)
D. General Requirements.
(1)—(5) (text unchanged)
(6) A person commercially licensed to catch crabs may set crab pots
in the coastal bays of the Atlantic Ocean and their tidal tributaries subject
to the following limitations:
(a) A person licensed to catch crabs with more than 50 pots may not
set or fish more than 300 pots [per day]; and
(b) Regardless of the number of licensees per boat, not more than
300 pots [per day] may be set or fished.
(7) (text unchanged)
[E.]—[G.]
(proposed for repeal)
E. Except as
specifically allowed, crab pots may not be set in the waters described in §§F—I of this regulation.
F. Upper Chesapeake Bay — North of the William Preston Lane Jr.
Memorial Bridge (Chesapeake Bay Bridge).
(1) Western Shore and Susquehanna Flats.
(a) Susquehanna Flats. All the waters upstream of a line
beginning at a point at or near the shore at Rocky Point defined by Lat. 39°
29.361' N, Long. 75° 59.707' W then running approximately 257° True to a point
at or near Locust Point defined by Lat. 39° 28.517' N, Long. 76° 4.372' W.
(b) Spesutie Narrows. All the waters upstream of a line
beginning at a point at or near the shore at Bear Point defined by Lat. 39°
26.227' N, Long. 76° 4.913' W then running approximately 263° True to a point
at or near Black Point defined by Lat. 39° 26.116' N, Long. 76° 6.143' W.
(c) Romney Creek. All the waters upstream of a line beginning at
a point at or near the shore at Taylor Point defined by Lat. 39° 22.762' N, Long.
76° 10.770' W then running approximately 231° True to a point on the south side
entrance to Romney Creek defined by Lat. 39° 22.169' N, Long. 76° 11.727' W.
(d) Bush River. All the
waters upstream of a line beginning at a point at or near the shore at Abbey
Point defined by Lat. 39° 20.997' N, Long. 76° 13.688' W then running
approximately 242° True to a point at or near Lego Point defined by Lat. 39°
20.286' N, Long. 76° 15.409’ W.
(e) Boone Creek. All the
waters upstream of a line beginning at a point at or near the shore at the north
side of the mouth of Boone Creek defined by Lat. 39° 19.947' N, Long. 76°
15.953' W then running approximately 202° True to a point on the southwest side
of the entrance to Boone Creek defined by Lat. 39° 19.836' N, Long. 76° 16.004'
W.
(f) Gunpowder River. All
the waters upstream of a line beginning at a point at or near the shore at the
southwestern tip of Rickett Point defined by Lat. 39° 18.126' N, Long. 76°
17.805' W then running approximately 298° True to the point at the eastern tip
of Carroll Island defined by Lat. 39° 18.778' N, Long. 76° 19.372' W then along
the shore to the western tip of Carroll Island defined by Lat. 39° 18.817' N, Long.
76° 19.536' W then running 297° True to a point at or near Carroll Point
defined by Lat. 39° 18.904' N, Long. 76° 19.758' W then running 208° True to a
point at or near Weir Point defined by Lat. 39° 18.306' N, Long. 76° 20.196' W.
(g) Seneca Creek, Middle
River, Hawk Cove, and Back River. All the waters upstream of a line beginning
at a point at or near the shore at Lower Island Point defined by Lat. 39°
18.254' N, Long. 76° 20.389' W then running approximately 197° True to the most
northern point of Hart-Miller Island defined by Lat. 39° 15.693' N, Long. 76°
21.388’ W then running along the northwestern shore of Hart-Miller Island to a
point on the western side of Hart-Miller Island defined by Lat. 39° 14.547' N, Long.
76° 23.078' W then running approximately 208° True to the northern tip of
Pleasure Island defined by Lat. 39° 14.120' N, Long. 76° 23.378' W then running
along the southern shore to the southern tip of Pleasure Island defined by Lat.
39° 13.896' N, Long. 76° 23.649' W then running approximately 235° True to the
southeastern point of Back River Neck defined by Lat. 39° 13.759' N, Long. 76°
23.897' W.
(h) Shallow Creek. All
the waters upstream of a line beginning at a point at the entrance on the north
side of Shallow Creek defined by Lat. 39° 12.270' N, Long. 76° 25.959' W then
running approximately 235° True to a point at the entrance on the south side of
Shallow Creek define by Lat. 39° 12.140' N, Long. 76° 26.180' W.
(i) Patapsco River. All the waters upstream of a line beginning at
a point at or near North Point defined by Lat. 39° 11.720' N, Long. 76° 26.557'
W then running approximately 227° True to the point at or near Buoy R
"6" defined by Lat. 39° 11.152' N, Long. 76° 27.336' W then running
approximately 160° True to a point at or near Bodkin Point defined by Lat. 39°
7.937' N, Long. 76° 25.860' W.
(j) Magothy River. All
the waters upstream of a line beginning at a point at or near Mountain Point
defined by Lat. 39° 3.553' N, Long. 76° 25.996' W then running approximately
212° True to a point at or near Persimmon Point defined by Lat. 39° 3.170' N, Long.
76° 26.310' W.
(k) Little Magothy River.
All the waters upstream of a line beginning of the west jetty at the entrance
to the Little Magothy River defined by Lat. 39° 2.765' N, Long. 76° 25.783' W
then running approximately 14° True to tip of the west jetty at the entrance to
the Little Magothy River defined by Lat. 39° 2.782' N, Long. 76° 25.778' W then
running approximately 97° True to a point on the tip of the east jetty at the
entrance to Little Magothy River defined by Lat. 39° 2.782' N, Long. 76°
25.765' W then running approximately 193° True along the east jetty to a point
on shore defined by Lat. 39° 2.770' N, Long. 76° 25.769' W.
(l) Podickory Point
Marina. All the waters enclosed by a line at the beginning of the north
Podickory Point Marina jetty defined by Lat. 39° 1.980' N, Long. 76° 24.239' W
then running approximately 45° True to a point at the tip of the north
Podickory Point Marina jetty defined by Lat. 39° 2.004' N, Long. 76° 24.214' W
then running approximately 191° True to a point at the tip of the south
Podickory Point Marina jetty defined by Lat. 39° 1.969' N, Long. 76° 24.223' W
then running approximately 220° True along the jetty to a point at the shore
defined by Lat. 39° 1.906' N, Long. 76° 24.294' W.
(m) Sandy Point Boat
Exclusion Zone. All the waters enclosed by a line at the beginning of the
northernmost jetty at Sandy Point defined by Lat. 39° 1.089' N, Long. 76°
23.816' W then running approximately 71° True to a point at the tip of the
northernmost jetty at Sandy Point defined by Lat. 39° 1.114' N, Long. 76°
23.739' W then running approximately 155° True to a point offshore of Sandy
Point defined by Lat. 39° 0.655' N, Long. 76° 23.458' W then running
approximately 243° True to the Mezick Pond Jetty south of Sandy Point defined
by Lat. 39° 0.390' N, Long. 76° 24.108' W then running approximately 330° True
along the jetty to the point along the shore defined by Lat. 39° 0.464' N, Long.
76° 24.158' W.
(2) Eastern Shore.
(a) Elk River. All the waters upstream
of a line beginning at a point at or near the east side of Turkey Point defined
by Lat. 39° 26.997' N, Long. 76° 0.184' W then running approximately 121° True
towards the entrance to Pearce Creek defined by Lat. 39° 26.337' N, Long. 75°
58.792' W.
(b) Pond
Creek. All the waters upstream of a line
beginning at a point north of the entrance to Pond Creek defined by Lat. 39°
24.903' N, Long. 76° 0.340' W then running approximately 235° True to a point
south of the entrance to Pond Creek defined by Lat. 39° 24.766' N, Long. 76°
0.597' W.
(c) Sassafras
River. All the waters upstream of a line beginning at a point at or near Grove
Point defined by Lat. 39° 23.204' N, Long. 76° 2.238' W then running
approximately 255° True to a point at or near Howell Point defined by Lat. 39°
22.320' N, Long. 76° 6.373' W.
(d) Still Pond.
All the waters upstream of a line beginning at a point at or near Meeks Point
defined by Lat. 39° 20.717' N, Long. 76° 8.2082' W then running approximately
211° True to a point at or near Rocky Point defined by Lat. 39° 20.070' N, Long.
76° 8.731' W.
(e) Worton Creek.
All the waters upstream of a line beginning at a point on the north side of the
entrance to Worton Creek defined by Lat. 39° 18.058' N, Long. 76° 10.713' W then
running approximately 199° True to a point at or near Handy Point defined by Lat.
39° 17.420' N, Long. 76° 10.993' W.
(f) Fairlee Creek.
All the waters upstream of a line beginning at a point on the north side of the
entrance to Fairlee Creek defined by Lat. 39° 16.280' N, Long. 76° 12.122' W
then running approximately 256° True to a point on the western side of the
entrance to Fairlee Creek defined by Lat. 39° 16.183' N, Lon. 76° 12.677' W.
(g) Rock Hall
Harbor/Swan Creek/Tavern Creek. All the waters upstream of a line beginning at
a point at or near Swan Point defined by Lat. 39° 8.778' N, Long. 76° 16.523'
WW then running approximately 141° True to a point inside the eastern side of
Huntingfield Creek defined by Lat. 39° 7.089' N, Long. 76° 14.777' W.
(h) Chester River.
All the waters upstream of a line beginning at a point at or near Wilson Point
defined by Lat. 39° 03.193' N, Long. 76° 13.635' W then running approximately
227° True to a point at or near Love Point defined by Lat. 39° 2.693' N, Long. 76°
14.27' W then running approximately 265° True to a point at or near the Eastern
Neck Island rock jetty defined by Lat. 39° 2.392' N, Long. 76° 18.156' W.
G. Lower Western
Shore — South of the William Preston Lane Jr. Memorial Bridge (Chesapeake Bay
Bridge).
(1) Mezick Pond to
South River.
(a) Mezick Pond.
All the waters enclosed by a line beginning at a point east of the entrance to
Mezick Pond defined by Lat. 39° 0.464' N, Long. 76° 24.158' W then running
approximately 275° True to a point west of the entrance to Mezick Pond defined
by Lat. 39° 0.468' N, Long. 76° 24.238' W.
(b) Whitehall Bay.
All the waters upstream of a line beginning at a point at or near Hackett Point
defined by Lat. 38° 59.223' N, Long. 76° 25.600' W then running approximately
241° True to the point at or near Greenbury Point defined by Lat. 38° 58.483'
N, Long. 76° 27.295' W.
(c) Severn River.
All the waters upstream of a line beginning at a point at or near Greenbury
Point defined by Lat. 38° 58.483' N, Long. 76° 27.295' W then running
approximately 174° True to the point at or near Tolly Point defined by Lat. 38°
56.490' N, Long. 76° 27.025' W.
(d) Blackwalnut
Creek. All the waters upstream of a line beginning at a point on the north side
of the entrance to Blackwalnut Creek defined by Lat. 38° 55.842' N, Long. 76°
27.774' W then running approximately 207° True to a point on the south side of
the entrance to Blackwalnut Creek defined by Lat. 38° 55.827' N, Long. 76°
27.784' W.
(e) Oyster Creek.
All the waters upstream of a line beginning at a point on the north side of the
entrance to Oyster Creek defined by Lat. 38° 55.644' N, Long. 76° 27.796' W
then running approximately 133° True to a point on the jetty south of the
entrance to Oyster Creek defined by Lat. 38° 55.626' N, Long. 76° 27.772' W.
(f) Fishing Creek
(South River). All the waters upstream of a line beginning at a point on the
north side of the entrance to Fishing Creek defined by Lat. 38° 54.898' N, Long.
76° 27.557' W then running approximately 186° True to a point at or near Thomas
Point defined by Lat. 38° 54.448' N, Long. 76° 27.622' W.
(g) South River.
All the waters upstream of a line beginning at a point at or near Thomas Point
defined by Lat. 38° 54.448' N, Long. 76° 27.622' W then running approximately
227° True to a point at or near Saunders Point defined by Lat. 38° 53.100' N, Long.
76° 29.444' W.
(2) West
River to Herring Bay.
(a) Rhode and West Rivers.
All the waters upstream of a line beginning at a point at or near Dutchman
Point defined by Lat. 38° 52.183' N, Long. 76° 30.570' W then running
approximately 152° True to a point at or near Curtis Point defined by Lat. 38°
51.184' N, Long. 76° 29.891' W.
(b) Jack Creek.
All the waters upstream of a line beginning at a point on the north side of the
entrance to Jack Creek defined by Lat. 38° 50.791' N, Long. 76° 29.650' W then
running approximately 163° True to a point on the south side of the entrance to
Jack Creek defined by Lat. 38° 50.636' N, Long. 76° 29.588' W.
(c) Flag Pond
Creek. All the waters upstream of a line beginning at a point on the north side
of the entrance to Flag Pond Creek defined by Lat. 38° 48.646' N, Long. 76°
30.320' W then running approximately 200° True to a point on the south side of
the entrance to Flag Pond Creek defined by Lat. 38° 48.499' N, Long. 76°
30.388' W.
(d) Deep Creek and
Deep Cove Creek. All the waters upstream of a line beginning at a point on the
north side of the entrance to Deep Creek/Deep Cove Creek defined by Lat. 38°
48.341' N, Long. 76° 30.543' W then running approximately 186° True to a point
on the south side of the entrance to Deep Creek/Deep Cove Creek defined by Lat.
38° 48.280' N, Long. 76° 30.551' W.
(e) Broadwater
Creek. All the waters upstream of a line beginning at a point north of the
entrance to Broadwater Creek at Franklin Manor Beach defined by Lat. 38°
48.060' N, Long. 76° 30.617' W then running approximately 225° True to a point
on the south side of the entrance to Broadwater Creek defined by Lat. 38°
47.264' N, Long. 76° 31.618' W.
(f) Carrs Creek.
All the waters upstream of a line beginning at a point on the north side of the
entrance to Carrs Creek defined by Lat. 38° 47.264' N, Long. 76° 31.618' W then
running approximately 196° True to a point on the south side of the entrance to
Carrs Creek defined by Lat. 38° 47.198' N, Long. 76° 31.649' W.
(g) Herring Bay.
All the waters upstream of a line beginning at a point on the north side of the
entrance to Parkers Creek defined by Lat. 38° 46.691' N, Long. 76° 32.220' W
then running approximately 172° True to the point at or near Holland Point
defined by Lat. 38° 43.661' N, Long. 76° 31.664' W.
(3) Fishing Creek
to Cove Point.
(a) Fishing Creek
(Chesapeake Beach). All the waters upstream of a line beginning at a point on
shore at the beginning of the rock jetty defined by Lat. 38° 41.534' N, Long.
76° 31.960' W then running approximately 96° True to a point at the tip of the
rock jetty on the north side of the entrance to Fishing Creek defined by Lat. 38°
41.518' N, Long. 76° 31.770' W then running approximately 186° True to a point
at the tip of the rock jetty on the south side of the entrance to Fishing Creek
defined by Lat. 38° 41.448' N, Long. 76° 31.779' W then running approximately
251° True along the rock jetty to a point on shore at the beginning of the rock
jetty defined by Lat. 38° 41.399' N, Long. 76° 31.960' W.
(b) Naval Research
Lab Prohibited Area near Randle Cliff Beach (via CFR § 334.170 Area A). All the
waters enclosed by a line beginning at a point on the shore defined by Lat. 38°
39.917' N, Long. 76° 31.782' W then running approximately 90° True to a point
at defined by Lat. 38° 39.918' N, Long. 76° 31.050' W then running approximately
180° True to a point at defined by Lat. 38° 39.150' N, Long. 76° 31.050' W then
running approximately 270° True to a point on the shore defined by Lat. 38°
39.150' N, Long. 76° 31.620' W.
(c) Plum Point
Creek. All the waters upstream of a line beginning at a point on shore at the
beginning of the north jetty defined by Lat. 38° 36.9425' N, Long. 76° 30.729'
W then running approximately 87° True to the tip of the jetty at the north side
of the entrance to Plum Point Creek defined by Lat. 38° 36.944' N, Long. 76°
30.669' W then running approximately 176° True to the tip of the jetty at the
south side of the entrance to Plum Point Creek defined by Lat. 38° 36.925' N, Long.
76° 30.667' W then running approximately 263° True to the point along the shore
at the beginning of the south jetty defined by Lat. 38° 36.922' N, Long. 76°
30.697' W.
(d) Parkers Creek
(near Port Republic). All the waters upstream of a line beginning at a point on
the north side of the entrance to Parkers Creek defined by Lat. 38° 32.243' N, Long.
76° 31.086' W then running approximately 169° True to a point on the south side
of the entrance to Parkers Creek defined by Lat. 38° 32.215' N, Long. 76°
31.080' W.
(e) Long Beach.
All the waters enclosed by a line running from a point on shore at the
beginning of the north jetty defined by Lat. 38° 27.894' N, Long. 76° 28.255' W
then running approximately 45° True to a point at the tip of the rock jetty on
the north side of the entrance to Long Beach defined by Lat. 38° 27.945' N, Long.
76° 28.192' W then running approximately 171° True to a point at the tip of the
rock jetty on the south side of the entrance to Long Beach defined by Lat. 38°
27.916' N, Long. 76° 28.187' W then running approximately 223° True along the
south jetty to the point on shore defined by Lat. 38° 27.847' N, Long. 76°
28.268' W.
(f) Calvert Cliffs
(via Security Zone 165.505). All the waters enclosed by a line beginning at a
point along the shore north of the Calvert Cliffs Nuclear Power Plant defined
by Lat. 38° 26.233' N, Long. 76° 26.550' W then running approximately 28° True
to a point defined by Lat. 38° 26.350' N, Long. 76° 26.467' W then running
approximately 131° True to a point defined by Lat. 38° 26.167' N, Long. 76°
26.200' W then running approximately 227° True to a point on the shore south of
the Calvert Cliffs Nuclear Power Plant defined by Lat. 38° 26.089' N, Long. 76°
26.310' W.
(g) Cove Point
Liquified Natural Gas Terminal (via Safety Zone 165.502). All the waters
enclosed by a line beginning at a point defined by Lat. 38° 24.450' N, Long. 76°
23.700' W then running approximately 55° True to a point defined by Lat. 38°
24.734' N, Long. 76° 23.184' W then running approximately 145° True to a point
defined by Lat. 38° 23.917' N, Long. 76° 22.450' W then running approximately
234° True to a point defined by Lat. 38° 23.617' N, Long. 76° 22.967' W then
running approximately 325° True to a point of beginning.
(4) Patuxent
River to St. Jerome’s Creek.
(a) Patuxent
River. All the waters upstream of a line beginning at a point at or near Drum
Point defined by Lat. 38° 19.138' N, Long. 76° 25.295' W then running
approximately 120° True to a point at or near Hog Point defined by Lat. 38°
18.555' N, Long. 76° 24.028' W.
(b) Goose Creek.
All the waters upstream of a line beginning at a point on the north side of the
entrance to Goose Creek defined by Lat. 38° 17.508' N, Long. 76° 22.758' W then
running approximately 221° True to a point on the south side of the entrance to
Goose Creek defined by Lat. 38° 17.494' N, Long. 76° 22.775' W.
(c) St. Jerome
Creek. All the waters upstream of a line beginning at a point at or near St.
Jerome Point defined by Lat. 38° 7.213' N, Long. 76° 20.301' W then running
approximately 265° True to a point at or near Deep Point defined by Lat. 38°
7.201' N, Long. 76° 20.486' W.
(d) Deep Creek and
Long Neck Creek. All the waters upstream of a line beginning at a point on the
north side of the entrance to Deep Creek/Long Neck Creek defined by Lat. 38°
5.221' N, Long. 76° 19.860' W then running approximately 175° True to a point
on the south side of the entrance to Deep Creek/Long Neck Creek defined by Lat.
38° 5.195' N, Long. 76° 19.858' W.
(5) Tanner Creek.
All the waters upstream of a line beginning at the shore at the beginning of
the north jetty at the entrance to Tanner Creek defined by Lat. 38° 3.934' N, Long.
76° 19.662' W then running approximately 82° True to a point at the tip of the
north jetty defined by Lat. 38° 3.943' N, Long. 76° 19.588' W then running
approximately 170° True to a point at the tip of the south jetty defined by Lat.
38° 3.916' N, Long. 76° 19.584' W then running approximately 260° True to a
point at the beginning of the south jetty at the shore defined by Lat. 38°
3.903' N, Long. 76° 19.676' W.
(6) Potomac River —
Maryland Tributaries and Sounds.
(a) Potomac River.
All the waters upstream of a line beginning at a point at or near Point Lookout
defined by Lat. 38° 2.275' N, Long. 76° 19.326' W then running approximately
155° True to a point at or near the tip of the north Smith Point jetty defined
by Lat. 37° 53.418' N, Long. 76° 14.177' W then running approximately 147° True
to a point at or near the tip of the south Smith Point jetty defined by Lat. 37°
53.381' N, Long. 76° 14.146' W then running approximately 240° True along the
jetty to a point on shore at the beginning of the jetty defined by Lat. 37°
53.331' N, Long. 76° 14.252' W then southerly along the shore to the Maryland/Virginia
State Line defined by Lat. 37° 53.159' N, Long. 76° 14.247' W, except as
provided in §G(6)(b) of this regulation.
(b) Exceptions.
(i) Calvert Bay. All the waters upstream of a line beginning at a
point at or near the eastern shore of the entrance to Rowley Bay defined by Lat.
38° 5.463' N, Long. 76° 23.011' W then running approximately 298° True to a
point at or near Gray Point defined by Lat. 38° 5.555' N, Long. 76° 23.231' W
then running approximately 299° True to a point at or near Kitts Point defined
by Lat. 38° 6.326' N, Long. 76° 25.020' W and downstream of a line beginning at
a point on the east shore at the entrance to Calvert Creek defined by Lat. 38°
6.158' N, Long. 76° 23.524' W then running approximately 313° True to a point
on the west sore at the entrance to Calvert Creek defined by Lat. 38° 6.210' N,
Long. 76° 23.601' W.
(ii) All the
waters downstream of a line running from the east entrance to unnamed creek
west of Charles Davis Lane defined by Lat. 38° 6.284' N, Long. 76° 23.858' W
then running approximately 291° True to a point on the west entrance to unnamed
creek west of Charles Davis Lane defined by Lat. 38° 6.310' N, Long. 76° 23.938'
W.
(iii) All the
waters downstream of a line running from the east entrance to Smith Creek
defined by Lat. 38° 6.434' N, Long. 76° 24.319' W then running approximately
267° True to a point on the west entrance to Smith Creek defined by Lat. 38°
6.416' N, Long. 76° 24.816' W.
(iv) St. Mary’s
River. All the waters upstream of a line beginning at a point at or near the
southwestern tip of St Inigoes Neck defined by Lat. 38° 6.367' N, Long. 76°
25.281' W then running approximately 270° True to a point at the
southeasternmost point of St. George Island defined by Lat. 38° 6.384' N, Long.
76° 27.937' W and downstream of a line beginning at a point at or near Priest’s
Point defined by Lat. 38° 9.045' N, Long. 76° 26.491' W then running
approximately 235° True to a point at or near Edmund Point defined by Lat. 38°
8.378' N, Long. 76° 27.703' W.
(v) All the waters
downstream of a line beginning at a point at or near Cherryfield Point defined
by Lat. 38° 7.772' N, Long. 76° 28.004' W then running approximately 209° True
to the point at or near Ball Point defined by Lat. 38° 7.252' N, Long. 76°
28.381' W.
(vi) Breton
Bay/St. Clements Bay. All the waters upstream of a line beginning at a point at
or near Huggins Point defined by Lat. 38° 14.023' N, Long. 76° 41.138' W then
running approximately 235° True to a point on the eastern extremity of the sand
bar known as Heron Island defined by Lat. 38° 12.962' N, Long. 76° 43.075' W
then running approximately 286° True to a point on the western extremity of
Heron Island bar defined by Lat. 38° 13.127' N, Long. 76° 43.827' W then
running approximately 223° True to a point at or near the most southeasterly
tip of Blackistone/St. Clement’s Island defined by Lat. 38° 12.493' N, Long. 76°
44.576' W then running along the southern and western shores to the most
western point of Blackistone/St. Clement’s Island defined by Lat. 38° 12.760'
N, Long. 76° 44.840' W then running approximately 338° True to a point at or
near Colton Point defined by Lat. 38° 13.337' N, Long. 76° 45.133' W and
downstream of a line beginning at a point at or near Protestant Point defined
by Lat. 38° 14.923' N, Long. 76° 40.456' W then running approximately 292° True
to a point at or near Clem Point defined by Lat. 38° 15.347' N, Long. 76°
41.771' W then running along the shore of Newtown Neck past Kaywood Point and
Long Point to a point at or near Chapel Point defined by Lat. 38° 15.485' N,
Long. 76° 42.409' W then running approximately 325° True to a point at or near
Shipping Point defined by Lat. 38° 15.952' N, Long. 76° 42.811' W then running
along the shore to the point at the northern entrance to Canoe Neck Creek
defined by Lat. 38° 15.256' N, Long. 76° 43.612' W then running approximately
235° True to the point at the southern entrance to Canoe Neck Creek defined by Lat.
38° 15.107' N, Long. 76° 43.839' W then along the shore to a point at the
northern entrance to St. Patrick Creek defined by Lat. 38° 14.129' N, Long. 76°
44.472' W then running approximately 211° True to a point on the southern
entrance to St. Patrick Creek defined by Lat. 38° 13.900' N, Long. 76° 44.656'
W.
(vii) St.
Catherine’s Sound. All the waters upstream of a line beginning at a point at
the southeasterly entrance to St. Catherine’s Sound between Waterloo Point and
Dukehart Creek defined by Lat. 38° 13.643' N, Long. 76° 46.447' W then running
approximately 274° True to the southernmost extension of St. Catherine Island
Sandbar defined by Lat. 38° 13.696' N, Long. 76° 47.272' W then running
approximately 328° True to a point at the southern tip of St. Catherine’s
Island defined by Lat. 38° 14.109' N, Long. 76° 47.603' W and downstream of a
line beginning at a point at or near Yellow Bank Point defined by Lat. 38° 14.761'
N, Long. 76° 47.169' W then running approximately 240° True to a point at the
northeasternmost tip of St. Catherine’s Island defined by Lat. 38° 14.452' N, Long.
76° 47.851' W.
(viii) Wicomico
River. All the waters upstream of a line beginning at a point at or near Cobb
Point defined by Lat. 38° 15.314' N, Long. 76° 50.523' W then running
approximately 136° True to a point at or near Cobb Point bar lighthouse defined
by Lat. 38° 14.555' N, Long. 76° 49.597' W then running approximately 96° True
to a point at or near the northwestern tip of St. Catherine’s Island defined by
Lat. 38° 14.429' N, Long. 76° 47.958' W then running approximately 320° True to
a point at or near the southern tip of St. Margaret’s Island defined by Lat.
38° 15.031' N, Long. 76° 48.594' W then along the western shore to a point at
or near the eastern tip of St. Margaret’s Island defined by Lat. 38° 15.125' N,
Long. 76° 48.569' W then running approximately 84° True to a point on the
eastern shore of the Wicomico River defined by Lat. 38° 15.151' N, Long. 76°
48.311' W and downstream of a line beginning at a point at or near White Point
defined by Lat. 38° 17.214' N, Long. 76° 48.842' W then running approximately
250° True to a point at the western tip of White Point Sand Bar defined by Lat.
38° 17.096' N, Long. 76° 49.261' W then running approximately 222° True to a
point at or near Rock Point defined by Lat. 38° 16.409' N, Long. 76° 50.041' W
then running approximately 196° True to a point at or near Shipping Point
defined by Lat. 38° 15.707' N, Long. 76° 50.291' W then along the eastern shore
of Cobb Island to the point at or near Cobb Point defined by Lat. 38° 15.314'
N, Long. 76° 50.523' W.
(ix) Liverpool
Point to Smith Point (Charles County). All the waters enclosed by a line beginning
at a point at or near Liverpool Point defined by Lat. 38° 27.851' N, Long. 77°
16.236' W then running approximately 175° True to a point at or near Smith
Point defined by Lat. 38° 24.964' N, Long. 77° 15.918' W.
H. Lower Eastern Shore — South of the William Preston Lane Jr.
Memorial Bridge (Chesapeake Bay Bridge).
(1) Broad Creek to
Knapps Narrows.
(a) Bay Bridge
Marina. All the waters enclosed by a line beginning at a point on the north
side of the entrance to the Bay Bridge Marina defined by Lat. 38° 58.809' N, Long.
76° 20.097' W then running approximately 223° True to a point on the south side
of the entrance to the Bay Bridge Marina defined by Lat. 38° 58.785' N, Long. 76°
20.127' W.
(b) Broad Creek.
All the waters upstream of a line beginning at a point on the north side of the
entrance to Broad Creek defined by Lat. 38° 58.645' N, Long. 76° 20.164' W then
running approximately 230° True to a point on the south side of the entrance to
Broad Creek defined by Lat. 38° 58.476' N, Long. 76° 20.424' W.
(c) Matapeake. All
the waters enclosed by a line beginning at a point on the north side of the
entrance to Matapeake defined by Lat. 38° 57.389' N, Long. 76° 21.427' W then
running approximately 201° True to a point on the south side of the entrance to
Matapeake defined by Lat. 38° 57.371' N, Long. 76° 21.436' W.
(d) Kentmorr. All
the waters enclosed by a line beginning at a point on the north side of the
entrance to Kentmorr Marina defined by Lat. 38° 54.906' N, Long. 76° 21.970' W
then running approximately 173° True to a point on the south side of the
entrance to Kentmorr Marina defined by Lat. 38° 54.886' N, Long. 76° 21.968' W.
(e) Price Creek.
All the waters upstream of a line beginning at a point on the north side of the
entrance to Price Creek defined by Lat. 38° 53.909' N, Long. 76° 21.955' W then
running approximately 195° True to a point on the south side of the entrance to
Price Creek defined by Lat. 38° 53.892' N, Long. 76° 21.958' W.
(f) Tolson Creek.
All the waters upstream of a line beginning at a point on the north side of the
entrance to Tolson Creek defined by Lat. 38° 53.111' N, Long. 76° 21.854' W
then running approximately 164° True to a point on the south side of the
entrance to Tolson Creek defined by Lat. 38° 53.024' N, Long. 76° 21.819' W.
(g) Carter Creek.
All the waters upstream of a line beginning at a point on the north side of the
entrance to Carter Creek defined by Lat. 38° 52.719' N, Long. 76° 21.854' W
then running approximately 190° True to a point on the south side of the
entrance to Tolson Creek defined by Lat. 38° 52.650' N, Long. 76° 21.869' W.
(h) Eastern Bay.
All the waters upstream of a line beginning at a point at or near Kent Point
defined by Lat. 38° 50.188' N, Long. 76° 22.125' W then running approximately
148° True to a point on the eastern side of Harbor Cove defined by Lat. 38°
46.735' N, Long. 76° 19.395' W.
(i) Knapps
Narrows. All the waters upstream of a line beginning at a point at or near the
north side of the entrance to Front Creek defined by Lat. 38° 43.976' N, Long. 76°
20.417' W then running approximately 175° True to a point at or near Amy’s
Marsh Point defined by Lat. 38° 43.783' N, Long. 76° 20.387' W then running
approximately 181° True to a point at the northwestern tip of Tilghman Island
defined by Lat. 38° 43.234' N, Long. 76° 20.398' W.
(2) Choptank,
Little Choptank, and James Island. All the waters upstream of a line beginning
at a point at or near Black Walnut Point defined by Lat. 38° 40.234' N, Long. 76°
20.372' W then running approximately 175° True to a point at or near Black
Walnut Bar Bell Buoy defined by Lat. 38° 38.302' N, Long. 76° 20.219' W then
running approximately 158° True to a point at or near Hills Point defined by
Lat. 38° 34.370' N, Long. 76° 18.265' W then running approximately 205° True to
a point at or near the northeastern tip of James Island defined by Lat. 38° 31.229'
N, Long. 76° 20.129' W then running approximately 207° True to a point on the
northern side of a James Island defined by Lat. 38° 30.989' N, Long. 76°
20.296' W then running along the shore to a point on the southern side of a
James Island defined by Lat. 38° 30.974' N, Long. 76° 20.294' W then running
approximately 176° True to a point defined by Lat. 38° 30.490' N, Long. 76°
20.243' W then running approximately 189° True to a point at the southernmost
James Island defined by Lat. 38° 30.241' N, Long. 76° 20.294' W then running
approximately 164° True to a point at or near the northeastern tip of Taylor
Island on the western side of Oyster Cove defined by Lat. 38° 29.211' N, Long. 76°
19.928' W.
(3) Punch Island
Creek. All the waters upstream of a line beginning at a point on the north side
of the entrance to Punch Island Creek defined by Lat. 38° 25.457' N, Long. 76°
17.425' W then running approximately 141° True to a point on the south side of
the entrance to Punch Island Creek defined by Lat. 38° 25.142' N, Long. 76°
17.102' W.
(4) Tar Bay and
Barren Island. All the waters upstream of a line
beginning at a point at or near the point on Meekins Neck near The Big Broads
defined by Lat. 38° 22.512' N, Long. 76° 16.162' W then running approximately
172° True to a point at or near the northern tip of the northern Barren Island
defined by Lat. 38° 20.636' N, Long. 76° 15.794' W then running southerly along
the western shore of the northern Barren Island to a point at or near the
southern tip of the northern Barren Island at the entrance to Great Cove
defined by Lat. 38° 19.903' N, Long. 76° 15.569' W then running approximately
83° True to a point at or near the northwestern tip of the southern Barren
Island at the entrance to Great Cove defined by Lat. 38° 19.915' N, Long. 76°
15.435' W then running southerly along the western shore to a point at or near
the southwestern tip of Barren Island defined by Lat. 38° 19.502' N, Long. 76°
15.385' W then running approximately 125° True to a point at or near Pons Point
defined by Lat. 38° 18.482' N, Long. 76° 13.501' W.
(5) Upper Honga River to Tangier Sound.
(a) Upper Honga
River. All the waters upstream of a line beginning at a point at or near Ferry
Point defined by Lat. 38° 17.968' N, Long. 76° 12.445' W then running
approximately 155° True to a point at or near the northern tip of Middle Hooper
Island defined by Lat. 38° 17.626' N, Long. 76° 12.238' W.
(b) Richland, Cow,
and Thorofare Coves. All the waters enclosed by a line beginning at a point at
or near Richland Point defined by Lat. 38° 14.876' N, Long. 76° 10.307' W then
running approximately 134° True to a point at or near Cow Point defined by Lat.
38° 14.575' N, Long. 76° 9.914' W then running approximately 124° True to a
point at or near Eel Hope Point defined by Lat. 38° 14.107' N, Long. 76° 9.047'
W then running approximately 121° True to the point at or near Fishing Point
defined by Lat. 38° 14.078' N, Long. 76° 08.976' W.
(c) Lower Honga
River and Hooper Strait. All the waters upstream of a line beginning at a point
at or near Billy’s Point defined by Lat. 38° 14.472' N, Long. 76° 7.569' W then
running approximately 120° True to a point at or near the Honga River Light Fl.
4 § 16 ft. 4M defined by Lat. 38° 13.993' N, Long. 76° 6.533' W then running
approximately 159° True to a point at or near nun Buoy N "2" defined
by Lat. 38° 13.240' N, Long. 76° 6.179' W then running approximately 163° True
to a point at or near the Navy-maintained tower defined by Lat. 38° 11.690' N, Long.
76° 5.583' W then running approximately 120° True to a point at or near the
western tip of Bloodsworth Island at the entrance to Okahanikan Cove defined by
Lat. 38° 11.518' N, Long. 76° 5.195' W.
(d) Pone Cove. All
the waters enclosed by a line beginning at a point on the north side of the
entrance to Pone Cove defined by Lat. 38° 10.496' N, Long. 76° 4.881' W then
running approximately 235° True to a point on the south side of the entrance to
Pone Cove defined by Lat. 38° 10.411' N, Long. 76° 05.013' W.
(e) Pone,
Bloodsworth, Adam, Holland, and South Marsh Islands. All the waters upstream of
a line beginning at a point at or near the south end of Pone Island defined by
Lat. 38° 9.407' N, Long. 76° 5.083' W then running approximately 215° True to a
point defined by Lat. 38° 9.136' N, Long. 76° 5.316' W then running
approximately 218° True to a point defined by Lat. 38° 9.097' N, Long. 76°
5.354' W then running southerly along the shore to a point defined by Lat. 38°
9.050' N, Long. 76° 5.376' W then running approximately 216° True to a point
defined by Lat. 38° 9.005' N, Long. 76° 5.425' W then running southerly along
the shore to a point defined by Lat. 38° 8.986' N, Long. 76° 5.341' W then
running approximately 153° True to a point at or near the northern tip of Adam
Island defined by Lat. 38° 8.858' N, Long. 76° 5.341' W then southerly along
the shore to a point at or near the south end of Adam Island defined by Lat. 38°
8.321' N, Long. 76° 5.149' W then running approximately 182° True to a point at
or near the north end of Holland Island defined by Lat. 38° 7.453' N, Long. 76°
5.180' W then southerly along the shore to a point at or near the south end of
Holland Island defined by Lat. 38° 6.927' N, Long. 76° 5.378' W then running
approximately 131° True to a point at or near where the Dorchester County-Somerset
County line meets a line running from the south end of Holland Island to a
point at or near Sedgy Point on South Marsh Island defined by Lat. 38° 5.781'
N, Long. 76° 3.724' W.
(f) Holland Strait
and Northern end of Tangier Sound (Malkus Line). All the waters north of a line
beginning at a point at or near where the Dorchester County-Somerset County line
meets a line running from the south end of Holland Island to Sedgy Point on
South Marsh Island defined by Lat. 38° 5.781' N, Long. 76° 3.724' W then
running approximately 21° True to a point at or near Johnson Point defined by Lat.
38° 6.665' N, Long. 76° 3.297' W then running approximately 27° True along the
Dorchester County-Somerset County line to a point defined by Lat. 38° 7.508' N,
Long. 76° 2.725' W then running approximately 26° True to a point at or near
Lower Island Point defined by Lat. 38° 8.845' N, Long. 76° 1.873' W then
running approximately 64° True following the Dorchester County-Somerset County line
to its junction with county line buoy A defined by Lat. 38° 9.774' N, Long. 75°
59.534' W then running approximately 6° True toward Sharkfin Shoal Light to its
junction with a straight line running from range marker AA northeasterly to
range marker BB and the Dorchester County-Somerset County line defined by Lat. 38°
11.173' N, Long. 75° 59.346' W then running approximately 50° True to a point
where the Dorchester County-Somerset County line meets a line running from
point at or near the shore immediately adjacent to the Thomas Tigner house near
Haines Point to the southwesterly most point of land on Clay Island defined by Lat.
38° 12.339' N, Long. 75° 57.552' W then running approximately 164° True to a
point at or near the shore immediately adjacent to the Thomas Tignor house near
Haines Point defined by Lat. 38° 10.771' N, Long. 75° 56.979' W.
(6) Upper
Thorofare. All the waters enclosed by a line beginning at a point at or near
the shore at the beginning of the Upper Thorofare jetty defined by Lat. 38°
10.198' N, Long. 75° 56.833' W then running southwesterly to a point at or near
the tip of the Upper Thorofare jetty defined by Lat. 38° 10.183' N, Long. 75°
56.864' W then running approximately 219° True to a point at or near the tip of
the Lower Thorofare jetty defined by Lat. 38° 10.159' N, Long. 75° 56.890' W
then running southerly along the jetty to a point on the shore defined by Lat. 38°
10.119' N, Long. 75° 56.874' W.
(7) Lower Thorofare.
All the waters enclosed by a line beginning at a point at or near the western
side of the entrance to Lower Thorofare defined by Lat. 38° 7.646' N, Long. 75°
56.834' W then running approximately 120° True to a point at or near the
eastern side of the entrance to Lower Thorofare defined by Lat. 38° 7.606' N, Long.
75° 56.744' W.
(8) Manokin River
to State Line, Except as Provided in §H(8)(t).
(a) Manokin River.
All the waters upstream of a line beginning at a point at or near Pin Point
defined by Lat. 38° 6.761' N, Long. 75° 56.568' W then running approximately
130° True to a point on the western side of the small island off of Pin Point
defined by Lat. 38° 6.728' N, Long. 75° 56.517' W then running southeasterly
along the shore to a point on the southeastern side of the small island off of
Pin Point defined by Lat. 38° 6.717' N, Long. 75° 56.492' W then running
approximately 126° True to a point offshore of Hazard Point defined by Lat. 38°
4.595' N, Long. 75° 52.736' W then running approximately 57° True to a point at
or near Hazard Point defined by Lat. 38° 4.643' N, Long. 75° 52.649' W.
(b) Hazard Cove.
All the waters enclosed by a line beginning at a point at or near Hazard Point
defined by Lat. 38° 4.643' N, Long. 75° 52.649' W then running approximately
234° True to a point offshore of Hazard Point then running approximately 164°
True to a point on the most westerly point of marsh on Pat Island defined by Lat.
38° 3.665' N, Long. 75° 52.403' W.
(c) Big Annemessex
River. All the waters upstream of a line beginning at a point on the most
westerly point of marsh on Pat Island defined by Lat. 38° 3.665' N, Long. 75°
52.403' W then running approximately 156° True to a point at the east entrance
of Thru Creek on Lawson’s Marsh defined by Lat. 38° 2.291' N, Long. 75° 51.607'
W.
(d) Little
Annemessex River. All the waters upstream of a line beginning at a point at or
near Janes Island Point defined by Lat. 37° 58.474' N, Long. 75° 53.875' W then
running approximately 162° True to a point at or near Great Point defined by Lat.
37° 57.165' N, Long. 75° 53.344' W.
(e) Cedar Island
Creek. All the waters upstream of a line beginning at a point on the north
entrance of Cedar Island Creek defined by Lat. 37° 55.388' N, Long. 75° 53.754'
W then running approximately 155° True to a point on the south entrance of
Cedar Island Creek defined by Lat. 37° 55.045' N, Long. 75° 53.526' W.
(f) Fishing
Creek/Crooked Creek/Crooked Gut Creek. All the waters upstream of a line
beginning at a point at or near Watkins Point defined by Lat. 37° 54.739' N, Long.
75° 52.941' W then running approximately 69° True to a point on the western
entrance of Crooked Creek defined by Lat. 37° 55.126' N, Long.75° 51.693' W
then running approximately 53° True to a point at or near an island at the
mouth of Crooked Creek defined by Lat. 37° 55.184' N, Long. 75° 51.606' W then
running approximately 45° True to a point at or near Westward Point defined by
Lat. 37° 55.378' N, Long. 75° 51.363' W.
(g) Broad Creek.
All the waters upstream of a line beginning at a point at or near Westward
Point defined by Lat. 37° 55.378' N, Long. 75° 51.363' then running
approximately 77° True to a point at or near Eastward Point defined by Lat. 37°
55.459' N, Long. 75° 50.921' W.
(h) Broad Creek
Gut. All the waters upstream of a line beginning at a point at or near Eastward
Point defined by Lat. 37° 55.459' N, Long. 75° 50.921' W then running
approximately 64° True to a point on the eastern entrance to Broad Creek Gut
defined by Lat. 37° 55.658' N, Long. 75° 50.412' W.
(i) Cow Gap Creek.
All the waters upstream of a line beginning at a point on the eastern entrance
to Broad Creek Gut defined by Lat. 37° 55.658' N, Long. 75° 50.412' W then
running approximately 57° True to a point at or near Oystershell Point defined
by Lat. 37° 55.868' N, Long. 75° 50.008' W.
(j) Massey Creek/Little
Ware Point Creek. All the waters upstream of line beginning at a point at or
near Oystershell Point defined by Lat. 37° 55.868' N, Long. 75° 50.008' W then
running approximately 51° True to a point at or near Ware Point defined by Lat.
37° 56.348' N, Long. 75° 49.264' W.
(k) Ware Point
Creek. All the waters upstream of a line beginning at a point at or near Ware
Point defined by Lat. 37° 56.348' N, Long. 75° 49.264' W then running
approximately 40° True to a point on the eastern entrance to Ware Point Creek
defined by Lat. 37° 56.475' N, Long. 75° 49.136' W.
(l) Unnamed Creek.
All the waters enclosed by a line beginning at a point at or north of the
eastern entrance to Ware Point Creek defined by Lat. 37° 56.546' N, Long. 75°
49.125' W then running approximately 355° True to a point at or near Long Point
defined by Lat. 37° 56.759' N, Long. 75° 49.147' W.
(m) Ape Hole
Creek. All the waters upstream of a line beginning at a point at or near Long
Point defined by Lat. 37° 56.759' N, Long. 75° 49.147' W then running
approximately 50° True to a point at or near Gap Point defined by Lat. 37°
57.353' N, Long. 75° 48.246' W.
(n) Gunby Creek.
All the waters upstream of a line beginning at a point at the western entrance
to Gunby Creek defined by Lat. 37° 58.364' N, Long. 75° 46.864' W then running
approximately 92° True to a point at the eastern entrance to Gunby Creek
defined by Lat. 37° 58.354' N, Long. 75° 46.404' W.
(o) East Creek.
All the waters upstream of a line beginning at a point at or near East Creek
Point defined by Lat. 37° 58.234' N, Long. 75° 44.764' W then running
approximately 95° True to a point on the western shore of Richardson Marsh
defined by Lat. 37° 58.204' N, Long. 75° 44.328' W.
(p) Marumsco
Creek. All the waters upstream of a line beginning at a point on shore at the
western entrance of Marumsco Creek defined by Lat. 37° 58.635' N, Long. 75°
43.351' W then running approximately 89° True to a point on shore at the
eastern entrance of Marumsco Creek defined by Lat. 37° 58.638' N, Long. 75°
42.785' W.
(q) Fair Island
Canal. All the waters upstream of a line beginning at a point on the northern
entrance to Cliftons Creek defined by Lat. 37° 57.752' N, Long. 75° 39.990' W
then running approximately 164° True to a point at the extension of the
southwestern entrance of Fair Island Canal defined by Lat. 37° 57.572' N, Long.
75° 39.922' W then running approximately 71° True to a point at the southwest
entrance to the canal defined by Lat. 37° 57.641' N, Long. 75° 39.686' W.
(r) Pocomoke
River. All the waters upstream of a line beginning at the northeasterly point
on Fair Island on southside of Fair Island Canal defined by Lat. 37° 57.757' N,
Long. 75° 39.351' W then running approximately 76° True to a point at the intersection
of the Maryland/Virginia border and a line running from the northeasterly point
on Fair Island on southside of Fair Island Canal to Bullbegger Point defined by
Lat. 37° 57.837' N, Long. 75° 38.914' W.
(s) Smith Island.
All of the waters of Smith Island, Chesapeake Bay, Kedges Straits, and Tangier
Sound upstream of a line beginning at a point at or near the intersection of
the Maryland/Virginia state line and the eastern (Tangier Sound) shoreline of
Smith Island defined by Lat. 37° 57.205' N, Long. 75° 59.750' W then running
along the Maryland/Virginia state line to a point at or near the intersection
of the Maryland/Virginia state line and the western (Chesapeake Bay) shoreline
of Smith Island defined by Lat. 37° 57.211' N, Long. 76° 2.643' W then northerly
along the west shore of Smith Island to a point at or near the south side of
Sheep Pen Gut at the beginning of the jetty defined by Lat. 37° 58.692' N, Long.
76° 2.754' W then running northwesterly along the jetty to a point at or near
the tip of the south jetty at Sheep Pen Gut defined by Lat. 37° 58.774' N, Long.
76° 2.947' W then running approximately 26° True to the tip of the north jetty
at Sheep Pen Gut defined by Lat. 37° 58.798' N, Long. 76° 2.932' W then running
approximately 79° True along the jetty to a point along the west shore of Smith
Island defined by Lat. 37° 58.815' N, Long. 76° 2.825' W then northerly along
the shore to a point at or near Chaisey Point at the beginning of the south Big
Thorofare/Goose Harbor jetty defined by Lat. 37° 59.791' N, Long. 76° 2.909' W
then running approximately 296° True to a point at or near the tip of the south
Big Thorofare/Goose Harbor jetty defined by Lat. 37° 59.924' N, Long. 76°
3.279' W then running approximately 0° True to a point at or near the tip of
the north Big Thorofare/Goose Harbor jetty defined by Lat. 38° 0.074' N, Long. 76°
3.281' W then running approximately 36° True to a point at or near Channel
Point north of Channel Island Gut defined by Lat. 38° 0.624' N, Long. 76°
2.794' W then running northerly along the west shore of Smith Island to a point
at or near the tip of the south entrance to Lightning Knot Cove defined by Lat.
38° 1.083' N, Long. 76° 2.818' W then running approximately 0° True to a point
at or near the tip of the north entrance to Lightning Knot Cove defined by Lat.
38° 1.156' N, Long. 76° 2.822' W then running northerly along the shore to a
point at or near Fog Point defined by Lat. 38° 1.931' N, Long. 76° 2.394' then
running easterly along the shore to a point at the western entrance to Fog
Point Cove Creek defined by Lat. 38° 2.012' N, Long. 76° 1.859' W then running
approximately 67° True to a point at or near the eastern shore at the entrance
to Fog Point Creek defined by Lat. 38° 2.047' N, Long. 76° 1.761' W then running
northeasterly along the shore to the western side of Bridge Creek at or near
Bards Point defined by Lat. 38° 2.151' N, Long. 76° 1.651' W then running
approximately 85° True to a point at or near the east shore of Bridge Creek
defined by Lat. 38° 2.164' N, Long. 76° 1.432' W then running easterly along
the shore to a point at or near Fishing Point on the northwestern side of Back
Cove defined by Lat. 38° 2.212' N, Long. 76° 0.461' W then running
approximately 136° True to a point on the southwestern side of Back Cove
defined by Lat. 38° 1.435' N, Long. 75° 59.507' W then running approximately
100° True to a point north of Terrapin Sand Cove defined by Lat. 38° 1.387' N,
Long. 75° 59.164' W then running approximately 118° True to a point at the
former location of Terrapin Sands Point defined by Lat. 38° 0.950' N, Long. 75°
58.150' W then running approximately 197° True to a point at or near on the
north side of the channel at Big Thorofare defined by Lat. 37° 58.129' N, Long.
75° 59.271' W then running approximately 187° True to a point at or near the
south side of Big Thorofare defined by Lat. 37° 57.619' N, Long. 75° 59.353' W
then running approximately 214° True to a point along the shore defined by Lat.
37° 57.281' N, Long. 75° 59.646' W then southerly along the shore to the point
of beginning defined by Lat. 37° 57.205' N, Long. 75° 59.750' W.
(t) Exception. Crab pots may be set from April 1st to
June 15th, outside of marked channels in Tyler Creek, in the area upstream of a
line beginning at a point at or near the intersection of the Maryland/Virginia
state line and the west side of Tyler Creek defined by Lat. 37° 57.209' N, Long.
76° 1.061' W then running northerly along the western shore of Tyler Creek past
Parks Ditch and Rhodes Point Gut to a point at or near the southside of the
Canal defined by Lat. 37° 59.082' N, Long. 76° 1.272' W then running
approximately 3° True to a point at or near the north side of The Canal defined
by Lat. 37° 59.189' N, Long. 76° 1.266' W then running along the western shore
of Tyler Creek to a point defined by Lat. 37° 59.554' N, Long. 76° 1.412' W
then running approximately 114° True to a point at or near Easter Point defined
by Lat. 37° 59.353' N, Long. 76° 0.846' W then running southerly along the east
shore of Tyler Creek to a point at or near the intersection of the Maryland/Virginia
state line and the east side of Tyler Creek defined by Lat. 37° 57.208' N, Long.
76° 0.342' W then running along Maryland/Virginia state line to the point of
beginning.
I. Atlantic Coastal
Bays. Crab pots may not be set in waters designated as having a speed zone in
accordance with COMAR 08.18.18.01, 08.18.18.03, 08.18.18.05, and 08.18.18.06.
J. Crab pots may
not be set in waters that are less than 4 feet deep at mean low tide except as provided
below:
(1) In Pocomoke
Sound, all the waters shoreward of the Maryland-Virginia state line, starting
with the junction with a line running from Bullbegger Point westward to the
northeasternmost point of land on Fair Island defined by Lat. 37° 57.837 N, Long.
75° 38.914 W, then following the State line in a westerly direction to State
line marker "A" defined by Lat. 37° 54.732 N, Long. 75° 48.065 W,
thence northwesterly to Ware Point defined by Lat. 37° 56.348 N, Long. 75°
49.264 W.
(2) In Tangier
Sound, all the waters shoreward of a line drawn from the southern tip of Deal
Island at Lower Thorofare defined by Lat. 38° 7.619 N, Long. 75° 56.993 W then
running approximately 223° to Lower Thorofare entrance Red Nun "2"
defined by Lat. 38° 7.363 N, Long. 75° 57.315 W then running approximately 338°
to a point offshore of Twiggs Point defined by Lat. 38° 8.099 N, Long. 75°
57.677 W then running approximately 356° to a point at Haines Point Light Fl. 4
§ defined by Lat. 38° 10.324 N, Long. 75° 57.871 W then running approximately
105° true to the northernmost tip of Deal Island defined by Lat. 38° 10.119 N, Long.
75° 56.874 W.
(3) In Tangier
Sound, all the waters shoreward of a line drawn from Flatcap Point defined by Lat.
38° 1.981 N, Long. 75° 52.290 W then running approximately 208° true to Janes
Island Light Fl. 4 § defined by Lat. 38° 57.803 N, 75° 55.109 W then running
approximately 56° true to James Island Point defined by Lat. 37° 58.474 N, Long.
75° 53.875 W.
(4) All the waters
of Tangier Sound, Pungers Cove and Sound Gut west of a line drawn from Muscle
Hole Point defined by Lat. 38° 7.617 N, Long. 76° 0.817 W then running
approximately 354° true to Sound Point defined by Lat. 38° 4.724 N, Long. 76°
0.403 W on South Marsh Island.
[H.] K. (text
unchanged)
JOSH KURTZ
Secretary of Natural Resources
Subtitle 02
FISHERIES SERVICE
Notice of Proposed Action
[23-292-P]
The Secretary of Natural Resources proposes to amend:
(1) Regulation .04
under COMAR 08.02.04 Oysters; and
(2) Regulation .04 under COMAR 08.02.23 Shellfish Aquaculture and Leasing.
Statement of Purpose
The purpose of this action is to allow the use of bulk tags for
oysters in both the wild fishery and the aquaculture industry under the
guidelines of the National Shellfish Sanitation Program. The Department
received complaints from both sectors that writing and tagging individual
bushel baskets is onerous to the industry. This requirement has also been periodically
problematic in the past for the Department, which is responsible for procuring
and selling the tags to watermen, as both supply chain disruptions and issues
with the state procurement process have resulted in temporary tag shortages.
Procuring harvest tags is cumbersome and increasingly costly for
the Department. Although, in most cases, the Department is achieving cost
recovery of the tags, the Department needs to spend about $40,000 per year on
tags. By reducing the number of tags harvesters are required to use through the
use of a bulk tag versus tagging each container singly, harvesters will be able
to reduce their expenditures. Lastly, it is impossible to predict the number of
tags required each year in the wild fishery as the number of tags requested by
harvesters has varied independently of the reported harvest.
The Department is proposing to allow the use of bulk tags for a
single lot of oysters. In the aquaculture context, a single lot will be defined
as oysters coming from a single lease, harvested during a single trip on a
single day. In the commercial public fishery context, a single lot of oysters
will be defined as oysters coming from a single bar, harvested during a single
trip on a single day by a single harvester. A bulk tag covering oysters
harvested in the commercial public fishery would still need to be completed
before leaving the oyster bar, just as individual bushels currently need to be
tagged before leaving the bar. If two harvesters were on board a vessel engaged
in the commercial public fishery, both harvesters would need a bulk tag for
their oysters. If bulk tags are used, a lessee/licensee will not be allowed to
change the harvest tag to a dealer tag until the oysters have been delivered to
the dealer's physical location. A bulk tag would need to indicate the number of
bushels harvested in the lot, the date, the NOAA code, and either the lease
number (aquaculture) or bar name (commercial public fishery) from which the
oysters were taken.
This action does not require bulk tags; it merely provides bulk
tags as an option for individuals to maintain compliance with tagging
requirements. In some cases, bulk tags are not allowed – specifically if
individuals are harvesting more than “one lot,” as previously described. Within
the commercial public fishery, a licensee could still harvest from multiple
oyster bars within a single trip; however, individual tags would be needed for
each bushel harvested. A leasee could also still harvest from multiple leases
within a single trip; however, individual tags would be required for each
bushel harvested.
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed action may have
an indeterminable economic impact, depending on how many individuals choose to
use bulk tags. Bulk tags may have an indeterminable positive economic impact on
both the wild oyster fisher and the aquaculture industry by lowering certain
regulatory burdens by streamlining the tagging process.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
|
|
|
Department of Natural
Resources
|
(E-)
|
Indeterminable
|
|
B. On other State agencies:
|
NONE
|
|
|
C. On local governments:
|
NONE
|
|
|
|
|
|
|
|
Benefit
(+)
Cost
(-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
|
|
|
(1) Aquaculture leaseholders
|
(+)
|
Indeterminable
|
|
(2) Wild oyster harvesters
|
(+)
|
Indeterminable
|
|
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. This action may have an indeterminable impact on the Department
by reducing expenditures. The Department is responsible for procuring tags;
this process is cumbersome and prone to delays. A significant amount of staff
time is spent on the procurement and distribution process. By allowing bulk
tags, the Department hopes to reduce the number of tags purchased, which may
allow for a less burdensome procurement process. Additionally, there will be fewer
tags to distribute, which will hopefully lead to savings in staff time for
other duties. The Department currently spends approximately $40,000 on tags for
the wild fishery although most of this is recovered through tag fees.
Additionally, the Department spends approximately $14,000 on tags for the
aquaculture industry. Those fees are not charged to the industry and are wholly
borne by the Department. This action may reduce those expenditures by over 90
percent if both industries fully switch to bulk tags. Depending on how many
individuals choose to continue to use individual tags, a lesser amount of
expenditures will be reduced.
D(1). This action may have an indeterminable positive impact on
aquaculture leaseholders. Currently, leaseholders must tag each bushel of
oysters one their lease, then switch those tags out for dealer tags once the
bushels have been landed. This leads to an expenditure of time and money to
essentially double tag those bushels. By allowing bulk tags, aquaculture
leaseholders will only have to fill out and use one tag while they are on the
lease, the tag each bushel with dealer tags once they have landed. This will
result in some amount of savings of time.
D(2). This action may have an indeterminable positive impact on
wild oyster harvesters. Most wild oyster harvesters currently purchase tags
from the Department. Each bushel of oysters must be tagged prior to leaving the
bar. By allowing bulk tags, harvesters will be able to use approximately 10
percent of the tags the currently use, resulting in a 90 percent cost savings.
This number is based on individuals using power dredges and the 2023—2024
bushel limit of 10 bushels per licensee per day. Individuals using other gears
will save even more as they have higher bushel limits and will still only have
to use the one bulk tag. Licensees will also save an indeterminable amount of
time because they will only have to fill out one tag, rather than a tag for
each bushel harvested.
Economic Impact on Small Businesses
The proposed action has a meaningful economic impact on small
businesses. An analysis of this economic impact follows:
This action may positively impact both shellfish aquaculture
leaseholders and wild oyster harvesters by reducing the number of tags they
must purchase and use and saving them the time of filling all of those tags
out.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to Wild Oysters and Aquaculture — Bulk Tags,
Regulatory Staff, Department of Natural Resources, Fishing and Boating
Services, 580 Taylor Ave E4, Annapolis MD 21401, or call 410-260-8300, or
submit comments to https://dnr.maryland.gov/fisheries/pages/regulations/changes.aspx#tagging.
Comments will be accepted through February 12, 2024. A public hearing has not
been scheduled.
08.02.04 Oysters
Authority: Natural Resources Article, §4-215, Annotated Code of
Maryland
.04 Oyster Container and Tagging Requirements.
A. Containers.
(1)—(3) (text unchanged)
(4) Oysters stored in accordance with §A of this regulation shall
remain in the original container until a tag is no longer required on the
container in accordance with [§B(4)(d)] §D(1)(d)
of this regulation.
(5) (text unchanged)
B. Tagging of Individual
Containers.
(1)—(3) (text unchanged)
C. Bulk Tagging.
(1) Definitions.
(a) In this regulation, the following terms have the meaning
indicated.
(b) “Bulk tag” means a tag that provides the necessary
information as required by the National Shellfish Sanitation Program Model
Ordinance for a single lot of oysters.
(c) “Single lot” means oysters coming from a single oyster bar,
harvested during a single trip on a single day by a single harvester.
(2) Except as provided in §C(3) of this regulation, an
individual storing oysters in accordance with §A(1)—(3) of this regulation may
complete and affix a Department-issued bulk tag to a single container of oysters
prior to leaving the bar from which the oysters were harvested.
(3) An individual storing oysters in accordance with §A(1)—(3)
or (5) of this regulation may use a bulk tag not supplied by the Department if:
(a) The individual:
(i) Is licensed and certified to sell shellfish by the Maryland
Department of Health in accordance with COMAR 10.15.04 and 10.15.07; and
(ii) Follows the tagging requirements of the National Shellfish
Sanitation Program Model Ordinance, incorporated by reference by the Maryland
Department of Health in COMAR 10.15.07.01; or
(b) Each tag the individual uses contains the statement “Wild
Shellfish”, the state in which the harvest occurred, and, in the order
specified, the following information:
(i) The harvester’s license number as assigned by the
Department;
(ii) The date of harvest, including the year;
(iii) The bar name;
(iv) The name of the region or the National Oceanic and
Atmospheric Administration code for the area in which the harvest occurred;
(v) The type of shellfish;
(vi) The statement “THIS TAG IS REQUIRED TO BE ATTACHED UNTIL
CONTAINER IS EMPTY OR IS RETAGGED AND THEREAFTER KEPT ON FILE FOR 90 DAYS” in
bold capitalized type;
(vii) The following statement in bold capitalized letters:
"ALL SHELLFISH CONTAINERS IN THIS LOT HAVE THE SAME HARVEST DATE AND ARE
FROM A SINGLE AREA OF HARVEST"; and
(viii) The number of individual containers in the lot.
(4) If one licensee is present on the vessel, only one bulk tag
may be used.
(5) If a bulk tag is used, the vessel may only harvest from one
bar on that day.
D. Tagging Provisions for Both Tagging of Individual Containers
and Bulk Tags.
[(4)](1)—[(6)](3) (text unchanged)
(4) Only one type of tag,
individual or bulk, may be present on a vessel while harvesting oysters.
[(7)](5)—[(9)](7) (text unchanged)
[C.] E. Exemptions.
(1) Oysters harvested for recreational purposes and not for sale
are exempt from the requirements of §§A [and
B]—D of this regulation.
(2) Oysters harvested from a lease and stored and tagged in
accordance with COMAR 08.02.23 are exempt from the requirements of §§A [and B]—D of this regulation.
08.02.23 Shellfish Aquaculture and Leasing
Authority: Natural Resources Article, §4-11A-12, Annotated Code of
Maryland
.04 Shellfish Aquaculture Harvester Permit.
A.—F. (text unchanged)
G. Containers.
(1) (text unchanged)
(2) Oysters shall remain in the original container until a tag is
no longer required on the container in accordance with [§H(4)(d)] §J(1)(d) of this regulation.
H. Tagging of Individual
Containers.
(1) Except as provided in §§H(2)
and I of this regulation, an
individual storing oysters in accordance with §H of this regulation shall
complete and affix a Department-issued tag to each container of oysters prior
to leaving the lease from which the oysters were harvested.
(2)—(3) (text unchanged)
I. Bulk Tagging.
(1) Definitions.
(a) In this regulation the following terms have the following
meanings.
(b) “Bulk tag” means a tag that provides the necessary
information as required by the National Shellfish Sanitation Program Model
Ordinance for a single lot of oysters.
(c) “Single lot” means oysters coming from a single lease,
harvested during a single trip on a single day.
(2) Except as provided in §I(3) of this regulation, an
individual storing oysters in accordance with §G of this regulation may
complete and affix a Department-issued bulk tag to a single container of
oysters prior to leaving the lease from which the oysters were harvested.
(3) An individual storing oysters in accordance with §G of this
regulation may use a bulk tag not supplied by the Department if:
(a) The individual:
(i) Is licensed and certified to sell shellfish by the Maryland
Department of Health in accordance with COMAR 10.15.04 and 10.15.07; and
(ii) Follows the tagging requirements of the National Shellfish
Sanitation Program Model Ordinance, incorporated by reference by the Maryland
Department of Health in COMAR 10.15.07.01; and
(b) Each tag contains:
(i) The statement “Farm-Raised Shellfish”;
(ii) The lease number; and
(iii) The following statement in bold capitalized letters:
"ALL SHELLFISH CONTAINERS IN THIS LOT HAVE THE SAME HARVEST DATE AND ARE
FROM THE SAME LEASE"; and
(iv) The number of individual containers in the lot.
(4) If a bulk tag is used, the vessel may only harvest from one
lease on that trip.
J. Tagging Provisions for Both
Tagging of Individual Containers and Bulk Tags.
[(4)](1) )—[(6)](3) (text unchanged)
(4) An individual shall
possess only one type of tag, individual or bulk, while harvesting oysters.
[(7)](5)—[(8)](6) (text unchanged)
[I.] K.
(text unchanged)
JOSH KURTZ
Secretary of Natural Resources
Subtitle 02
FISHERIES SERVICE
08.02.05 Fish
Authority: Natural Resources Article, §4-2A-03, Annotated Code of
Maryland
Notice of Proposed Action
[23-267-P]
The Secretary of Natural Resources proposes to amend Regulation .07 under COMAR 08.02.05 Fish.
Statement of Purpose
The purpose of this action is to clearly allow the recreational
harvest of Atlantic menhaden. The action proposes to allow the Department to
correct a technical error. When the Department originally declared Atlantic
menhaden as “In Need of Conservation” and adopted regulations for their
commercial harvest, it was overlooked that the authority that was used made it
so that harvest was only allowed under rules that explicitly allowed the
activity. Typically, fishing activities that are not explicitly prohibited by
regulation are allowed (i.e., unlimited harvest of catfish in tidal waters).
Because of the authority used for menhaden, the Department must affirmatively
allow recreational harvest, or it is not legal. The Department never intended
to prohibit this activity and believes that this activity has long occurred
even with the current technical prohibition. The Department also believes that
the recreational harvest of menhaden (typically as bait for other fisheries)
will not have a meaningful impact on the species, as the majority of harvest in
Maryland comes from pound nets, and the largest percentage of harvest on the
coast comes from the purse seine fishery in Virginia.
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 Atlantic Menhaden — Recreational Harvest,
Regulatory Staff, Department of Natural Resources, Fishing and Boating
Services, 580 Taylor Ave., E4, Annapolis MD 21401, or call 410-260-8300, or
submit comments to
https://dnr.maryland.gov/fisheries/pages/regulations/changes.aspx#menhaden.
Comments will be accepted through February 12, 2024. A public hearing has not
been scheduled.
.07 Atlantic Menhaden.
A. Commercial Quota.
(1) The annual total allowable landings of Atlantic menhaden for
the commercial fishery is set by the Atlantic States Marine Fisheries
Commission and shall be published through a public notice issued in accordance
with [§F] §G of this regulation.
(2) (text unchanged)
B. Commercial Seasons. A
public notice shall be issued in accordance with [§F] §G of this regulation when the
quota and season are approved by the Atlantic State Marine Fisheries
Commission.
C. Commercial Catch Limits.
(1) (text unchanged)
(2) Upon the State quota being met or exceeded, the catch limit for
Atlantic menhaden and the harvest rate at which an Atlantic menhaden bycatch
allowance landing permit is required shall be established and may be modified
through a public notice issued in accordance with [§F] §G of this regulation.
D. Recreational Fishery.
(1) Season. The season for the recreational harvest of Atlantic
menhaden is January 1 through December 31.
(2) Catch Limit. There is no limit on the number of Atlantic
menhaden that an individual may harvest for recreational use.
(3) Size Limit. There is no minimum size for Atlantic menhaden.
[D.] E.
Atlantic Menhaden Bycatch Allowance Landing Permits.
(1)—(4) (text unchanged)
(5) Atlantic menhaden bycatch allowance landing permits may not be
transferred and are valid only for the named individual on the permit card or
their operator as described in [§D(4)] §E(4) of this
regulation.
(6) (text unchanged)
[E.] F.
Reporting.
(1) (text unchanged)
(2) Reporting Penalties.
(a) The Department may suspend the holder of an Atlantic menhaden
bycatch allowance landing permit from participation in the menhaden fishery for
up to 90 days per violation for failing to comply with [§E(1)(b)]§F(1)(b) of this regulation.
(b) In addition to any other penalty, the Department may deny an
application for an Atlantic menhaden bycatch allowance landing permit for
failing to comply with [§E(1)] §F(1)
of this regulation during the previous season.
(c) (text unchanged)
[F.] G.
(text unchanged)
JOSH KURTZ
Secretary of Natural Resources
Subtitle 02
FISHERIES SERVICE
08.02.26 Shell Recycling [Tax
Credit] Grant Program
Authority: [Tax-General
Article, §10-724.1] Natural Resources, §4-1019.1, Annotated
Code of Maryland
Notice of Proposed Action
[23-264-P]
The Secretary of Natural Resources proposes to amend Regulations .01 and .02, repeal existing Regulations .03—.05, and amend and recodify existing Regulation .06 to be Regulation .03 under COMAR 08.02.26 Shell Recycling Tax Credit. The Department proposes
to rename the chapter Shell Recycling Grant Program to reflect the new nature
of the program.
Statement of Purpose
The purpose of this action is to create the Shell Recycling Grant
Program in accordance with Ch. 30 (H.B. 1228), Acts of 2022, which eliminated
the shell recycling tax credit. The Department is proposing to create a process
by which an interested nonprofit organization, community association, restaurant,
seafood processor, or seafood dealer may donate shells to an authorized shell
recycling collector. Shell recyclers would receive a grant based on the amount
of oyster shells they donated and depending on the type of entity they are. The
statute authorizes nonprofit organizations and community associations to be
provided grants of $100 for the recycling of at least 5 but less than 20
bushels of oyster shells in a year, and $250 for the recycling of at least 20
bushels of oyster shells in a year. Restaurants and seafood processors and
dealers are authorized to receive grants at a rate of $5 per bushel up to a
maximum of $2,000 per year. Authorized shell recycling collectors will maintain
records of shell donations and submit those records to the Department annually.
The Department will then provide the necessary grant money to the authorized
shell recycling collectors to be disbursed to the shell recyclers which donated
shell the previous year. This will ultimately provide entities which recycle
oyster shells a cash payment faster than the previous tax credit system.
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed action will
have a positive economic impact on entities which recycle oyster shells. The
action will not have any impact on the Department as money has already been
budgeted to acquire shell and those funds will be used to run this program.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
NONE
|
|
|
B. On other State agencies:
|
NONE
|
|
|
C. On local governments:
|
NONE
|
|
|
|
|
|
|
|
Benefit
(+)
Cost
(-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
NONE
|
|
|
E. On other industries or
trade groups:
|
|
|
|
Shell recyclers
|
(+)
|
Indeterminable
|
|
F. Direct and indirect
effects on public:
|
NONE
|
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
E. This action may have an indeterminable positive impact on shell
recyclers by streamlining the process by which they are paid for the shells
that they have donated through an authorized shell recycling collector.
Economic Impact on Small Businesses
The proposed action has a meaningful economic impact on small
businesses. An analysis of this economic impact follows:
This action may have long-term positive impacts on small
businesses engaged in the oyster industry which recycle shell by increasing the
efficiency of collection and payment for collected shells.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to Shell Recycling Grant Program, Regulatory
Staff, Department of Natural Resources, Fishing and Boating Services, 580
Taylor Ave., E4, Annapolis, MD 21401, or call 410-260-8300, or submit comments
to https://dnr.maryland.gov/fisheries/pages/regulations/changes.aspx#shel.
Comments will be accepted through February 12, 2024. A public hearing has not
been scheduled.
.01 Definitions.
A. (text unchanged)
B. Terms Defined.
(1) (text unchanged)
(2) “Authorized shell recycling collector” means a business
entity authorized by the Department to collect shells and issue grants to shell
recyclers.
[(2)] (3)—[(3)] (4) (text unchanged)
[(4) “Certified recycled shell collector” means:
(a) A business entity certified by the Department under Regulation
.06 of this chapter to verify amounts of recycled oyster shell; or
(b) The Department.]
(5)—(7) (text unchanged)
(8) “Grant” means a payment to a shell recycler for donated
shells.
[(8)] (9) (text unchanged)
(10) “Restaurant” means a food service facility as defined in
COMAR 10.15.03.
(11) “Seafood dealer or processor” means a person who is:
(a) Licensed as a seafood dealer in accordance with Natural Resources
Article, §4-701, Annotated Code of Maryland, or who is exempt from licensing as
a seafood dealer under Natural Resources Article, §4-702, Annotated Code of
Maryland; and
(b) Licensed or
certified by the Maryland Department of Health in accordance with COMAR
10.15.07.
[(9)] (12) “Shell [Recycler.] recycler” means a nonprofit organization,
community association, restaurant, seafood processor, or seafood dealer that
donates shells to an authorized shell recycling collector and that has not
received compensation for the shell donation from any source other than the Department
or its agent.
[(a) “Shell recycler” means a person that donates shell for
replanting in Maryland tidal waters.
(b) “Shell recycler” does not include a person that receives
compensation for the shell donation.
(10) “Taxable year” means the period for which Maryland taxable
income is computed under Tax-General Article, Title 10, Annotated Code of
Maryland.]
.02 Eligibility.
[A.] To be eligible for [a State income tax
credit] the annual grant program under this chapter, a shell
recycler shall:
[(1)] A. Prior to donating shell, complete an
online registration as specified by the Department that includes the shell
recycler’s Tax Identification Number; and
[(2)] B. Donate shell for recycling to [a
certified recycled shell] an authorized shell recycling collector[;
and].
[(3) Receive and maintain electronic invoice records from
the Department, indicating for each shell donation:
(a) The name of the certified recycled shell collector;
(b) The date and location of the shell donation; and
(c) The number of bushels of shell donated.
B. Eligibility of Business Entities.
(1) Only an individual or a corporation may receive a credit
against the State income tax for oyster shell recycling.
(2) If a business entity other than a corporation recycles oyster
shell in accordance with the eligibility requirements established in §A of this
regulation, the amount of credits computed for the pass-through entity shall be
allocated among the owners as agreed to in writing by the owners in accordance
with Internal Revenue Service rules.]
[.06] .03 [Certified
Recycled Shell] Authorized Shell
Recycling Collector.
A. Certification of a Collector.
(1) A business entity may apply to the Department to be [a certified recycled shell] an
authorized shell recycling collector.
(2) (text unchanged)
(3) Upon receipt and review of an application for certification
under this regulation, the Department may:
(a) Approve the application and issue the applicant a certificate
designating the applicant [a
certified recycled shell] an authorized shell recycling collector;
or
(b) (text unchanged).
(4) A certification issued to [a
recycled shell] an authorized shell recycling
collector:
(a)—(b) (text unchanged)
B. [A certified recycled
shell] An authorized shell recycling collector shall:
(1) (text unchanged)
(2) For each shell donation collected, submit an electronic report
as specified by the Department verifying the location, date, and amount of the
shell donation [within 48 hours of
collecting the donation];
(3) Allow the Department, or the Department’s designee, to inspect
at reasonable hours the [certified
recycled shell] authorized shell recycling collector’s shell aggregation site and
collected recycled shell; and
(4) Notify the Department immediately of any changes to the [certified recycled shell] authorized
shell recycling collector’s aggregation site or contact information.
C. Issuance of Grants.
(1) An authorized shell recycling collector shall issue grants
to shell recyclers in the amounts described in Natural Resources Article,
§4-1019.1, Annotated Code of Maryland.
(2) A shell recycler may only receive one grant per donation
year, which shall be in the amount which reflects the total amount of shell
that the recycler has donated over the course of that year.
(3) The donation year shall run from January 1 through December
31.
(4) By January 31 of each year, an authorized shell recycling
collector shall submit all necessary recycling records to the Department to
reflect the amount of shell collected from each shell recycler the previous
year and the total amount of grants which are to be disbursed to the shell
recyclers by the authorized shell recycling collector.
(5) Within 30 days of receiving payment from the Department, an
authorized shell recycling collector shall issue the appropriate grants to each
shell recycler.
(6) Once the authorized collector has received payment from the
Department, the donated shell becomes the property of the State of Maryland.
D. Limitations on Funding.
(1) Grants issued under this
chapter are subject to the amount of funds budgeted for the Shell Recycling
Grant Program.
(2) In the event that shell
recyclers donate more shells to the Shell Recycling Grant Program than the
Department has budgeted for, the Department shall issue grants to authorized
shell recycling collectors, and authorized shell recycling collectors shall
disburse to shell recyclers grants in the order in which recycled shells were
donated to the collectors.
[C.] E. (text unchanged)
JOSH KURTZ
Secretary of Natural Resources
Title 09
MARYLAND DEPARTMENT OF LABOR
Subtitle 09 MARYLAND BOARD OF
ELECTRICIANS
09.09.01 Fees and Deadlines
Authority: Business Occupations and Professions Article, §§6-205, 6-207,
6-310(c)(2), 6-311(a)(2), (b)(1), (d)(3)(iii), (d)(4)(ii), and (f)(3), and
6-313(c)—(e); Business Regulation Article, §§2.106.2 and 2-106.9, Annotated
Code of Maryland
Notice of Proposed Action
[23-310-P]
The State Board of Electricians proposes to amend Regulation .03 under COMAR 09.09.01 Fees and Deadlines. This action was considered at public
meeting of the State Board of Electricians held on September 26, 2023, notice of
which was provided by posting on the State Board of Electricians' website pursuant
to General Provisions Article, §3-302(c)(ii), Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to amend the fees charged by the
State Board of Electricians, unchanged over a decade, effective in 2024 and
2025.
Estimate of Economic Impact
I. Summary of Economic Impact. The State Board of
Electricians 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 Electricians
|
(R+)
|
Minimal
|
|
B. On other State agencies:
|
NONE
|
|
|
C. On local governments:
|
NONE
|
|
|
|
|
|
|
|
Benefit
(+)
Cost
(-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
|
|
|
Electrical industry
|
(-)
|
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 electrician
licensing program have risen due to increased numbers of applicants for various
classifications of electrician licenses and certificates, 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 electrician
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 licensee will be impacted by the 12.5 percent increase of a
fee for a license or other credential, which will range between $1—$12.50 for
each 2-year license term in 2024 and $1—$14 in 2025. No direct impact on the
general public is anticipated. A nominal increase to consumers of electrical
services may be anticipated to the extent a fee increase between $1—$14 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, Mechanical
Licensing, Maryland Department of Labor, 1100 North Eutaw Street, 5th Floor,
Baltimore, MD 21201, or call 410-230-6160, or email to john.bull1@maryland.gov.
Comments will be accepted through February 12, 2024. A public hearing has not
been scheduled.
Open Meeting
Final action on the proposal will be considered by Board of
Electricians during a public meeting to be held on February 27, 2024, at 10
a.m., at the Department of Labor, 5th 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 24, 2024:
(1) Original License:
(a) Master — [$20] $22.50;
(b) Journeyperson — [$15] $16.50;
and
(c) Apprentice — [$10]
$11.
(2) License renewal:
(a) Master — [$25] $28;
(b) Journeyperson — [$15]
$16.50; and
(c) Apprentice — [$10]
$11.
(3) Uninsured status certificate:
(a) Initial uninsured status — [$50] $56; and
(b) Uninsured status renewal — [$50] $56.
(4) Reapplication after expiration of uninsured status — [$100] $112.50.
(5) Reactivation — [$50]
$56.
(6) Reinstatement of License:
(a) Up to and including 30 days after license expiration — [$25] $28;
(b) 31 days through 60 days after license expiration — [$50] $56; and
(c) 61 or more days after license expiration — [$100] $112.50.
(7) Local registration assignment
identification — [$50] $56.
(8) Status change — [$50]
$56.
(9) 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 24, 2025:
(1) Original License:
(a) Master — $25;
(b) Journeyperson — $18.50; and
(c) Apprentice — $12.
(2) License renewal:
(a) Master — $31.50;
(b) Journeyperson — $18.50; and
(c) Apprentice — $12.
(3) Uninsured status certificate:
(a) Initial uninsured status — $63; and
(b) Uninsured status renewal — $63.
(4) Reapplication after expiration
of uninsured status — $126;
(5) Reactivation — $63.
(6) Reinstatement of License:
(a) Up to and including 30
days after license expiration — $31.50;
(b) 31 days through 60 days
after license expiration — $63; and
(c) 61 or more days after
license expiration — $126.
(7) Local registration assignment
identification — $63.
(8) Status change — $63.
(9) Letter of Good Standing — $50.
[B.] C. (text unchanged)
CHET BROWN
Chair
State Board of Electricians
Subtitle 34 OFFICE OF CEMETERY
OVERSIGHT
Notice of Proposed Action
[23-296-P]
The Office of Cemetery Oversight proposes to amend:
(1) Regulations .01, .02, .04, and .05 under COMAR 09.34.01 Registration and Permit Requirements;
(2) Regulation .01
under COMAR 09.34.02 Perpetual Care; and
(3) Regulations .01—.03
under COMAR 09.34.04 Code of Ethics and Professional Standards.
Statement of Purpose
The purpose of this action is to update the Office's regulations
to include pet cemeteries because as of October 1, 2023, the General Assembly
put pet cemeteries under the jurisdiction of the Office.
Estimate of Economic Impact
I. Summary of Economic Impact. Increased licensing fees and
increased regulatory costs.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
|
|
|
Office of Cemetery Oversight
|
(R+)
|
minimal
|
|
B. On other State agencies:
|
NONE
|
|
|
C. On local governments:
|
NONE
|
|
|
|
|
|
|
|
Benefit
(+)
Cost
(-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
|
|
|
Pet cemeterians
|
(-)
|
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. Increased licensing and permit fees, but more regulatory
administrative costs.
D. Pet cemeteries will be required to be licensed and regulated.
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 Deborah Rappazzo, Executive Director,
Office of Cemetery Oversight, Division of Occupational and Professional
Licensing, Maryland Department of Labor, 1100 N. Eutaw Street, 5th Floor,
Baltimore, MD 21201, or call 410-230-6228, or email to
deborah.rappazzo@maryland.gov. Comments will be accepted through February 12,
2024. A public hearing has not been scheduled.
09.34.01
Registration and Permit Requirements
Authority: Business Regulation Article, §§5-204—5-205, 5-301—5-308,
and 5-401—5-405, Annotated Code of Maryland
.01 Scope.
A. This chapter governs the:
(1) Registration of individuals who operate cemeteries and provide
burial goods for either human or pet remains in the State; and
(2) Application procedures for persons requiring a permit to
operate a cemetery or provide burial goods for either human or pet remains
in this State.
B. (text unchanged)
.02 Definitions.
A. In this chapter, the following terms have the meanings
indicated.
B. Terms Defined.
(1)—(2) (text unchanged)
(3) “Burial goods”
means goods that are used in connection with either human or pet burial.
(4) “Cemetery” means the interment of either human or pet
remains.
[(3)] (5)—[(12)] (14) (text unchanged)
.04 Permit-Requirements for Initial Permit of Business.
A. (text unchanged)
B. A corporation, limited liability company, or partnership shall
receive a permit from the Office if the entity:
(1)—(3) (text unchanged)
(4) Designates a registered cemeterian or registered seller as the
responsible party for each affiliated cemetery or burial goods business
provided that the registered cemeterian or registered seller may not be
designated as the responsible party for more than a combined total of [two]
three cemeteries or burial goods businesses;
(5)—(7) (text unchanged)
.05 Registration — Requirements for Initial Registration of
Individuals Who Operate Cemeteries or Provide Burial Goods.
A.—C. (text unchanged)
D. An individual may not be designated as the responsible party for
more than a combined total of [two] three cemeteries or
burial goods businesses.
E. (text unchanged)
09.34.02 Perpetual Care
Authority: Business Regulation Article, §§5-204 5-605, and 5-606,
Annotated Code of Maryland
.01 Scope.
This chapter governs each sole proprietor registered cemeterian or
permit holder for either human or pet remains who is required to have a
perpetual care trust fund and identifies the information which must be provided
to the Office of Cemetery Oversight as part of the perpetual care trust report.
09.34.04 Code of Ethics and Professional Standards
Authority: Business Regulation Article, §§5-204, 5-205, 5-303,
5-307, 5-312, 5-404, 5-605, 5-710, and 5-801, Annotated Code of Maryland
.01 Scope.
This chapter governs any person who holds a registration or permit
to operate a cemetery or to provide burial goods for either human or pet
remains in this State.
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(2) (text unchanged)
(3) “Decedent” means a
person or pet who is no longer living.
[(3)] (4)—[(5)] (6) (text unchanged)
.03 General Professional Practices.
A. A registrant or permit holder shall:
(1) Act in a manner that respects and protects the dignity of a
decedent and the decedent’s family or pet’s owner;
(2)—(7) (text unchanged)
(8) Be sensitive and responsive to the bereavement needs of a
decedent’s family or pet’s owner;
(9)—(11) (text unchanged)
(12) Disclose to a consumer orally and in writing at or before the
time of a preneed sale all goods and services that are reasonably expected to
be required at the time of need that are not included in the preneed burial
contract, including:
(a) Interment or entombment fees including opening and closing
costs, and any additional fees associated with an extra depth [internment]
interment,
(b)—(e) (text unchanged)
(13) Disclose to a consumer orally and in writing at or before the
time of a sale of a monument, memorial, or other permanent product used to
identify a human or pet burial space all goods and services related to
the monument, memorial, or other permanent product that are reasonably expected
to be required for the full use and care of the product at the time of need
that are not included in the burial contract, including:
(a)—(f) (text unchanged)
(14)—(20) (text unchanged)
B. (text unchanged)
PORTIA WU
Secretary of Labor
Subtitle 34 OFFICE
OF CEMETERY OVERSIGHT
09.34.01 Registration and
Permit Requirements
Authority: Business Regulation Article, §§5-204—5-205, 5-301—5-308,
and 5-401—5-405, Annotated Code of Maryland
Notice of Proposed Action
[23-295-P]
The Office of Cemetery Oversight proposes to adopt new Regulation .13 under COMAR 09.34.01 Registration and Permit Requirements. This action
was considered by the Office of Cemetery Oversight on October 26, 2023.
Statement of Purpose
The purpose of this action is to create a regulation requiring
applicants, licensees, and all others subject to the jurisdiction of the Office
of Cemetery Oversight to respond to communications when requested within 30
days. The new regulation would also require a person to notify the Office of a
change in address. Lastly, pursuant to the regulation, the failure to respond
within 30 days may be considered a violation of Business Regulation Article,
Title 5, Annotated Code of Maryland. All other O&P boards and commissions
have adopted failure to respond regulations. Therefore, the Office would like
to be in compliance with the rest of the Division Occupational and Professional
Licensing.
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 Deborah Rappazzo, Executive Director,
Department of Labor, Office of Cemetery Oversight, Division of Occupational and
Professional Licensing, 1100 N. Eutaw Street, 5th Floor, Baltimore, MD 21201,
or call 410-230-6228, or email to deborah.rappazzo@maryland.gov. Comments will
be accepted through February 12, 2024. A public hearing has not been scheduled.
.13 Communication from Director—Failure to Respond.
A. Definition.
(1) In this regulation, the following term has the meaning
indicated.
(2) Term Defined — Person.
(a) “Person” has the meaning provided in Business Regulation
Article, §1-101(g), Annotated Code of Maryland.
(b) “Person” includes:
(i) Any registrant or permit holder under Business Regulation
Article, Title 5, Annotated Code of Maryland, and any applicant for a
registration or permit to operate a cemetery or crematory, or to provide burial
goods, in this State; and
(ii) Any other person required under the provisions of Business
Regulation Article, Title 5, Annotated Code of Maryland, or any regulation in
this subtitle, to respond to a communication from the Director.
B. Duty to Respond.
(1) If a person receives from the Director or the Office a
written communication requesting a response, the person shall respond in
writing, by first-class mail, within 30 days of the date of the mailing.
(2) It is the responsibility of a person to notify the Office in
writing if there has been a change in the person’s address.
C. Failure to respond as required by this regulation may be
considered by the Director to be a violation of Business Regulation Article,
Title 5, Annotated Code of Maryland.
PORTIA WU
Secretary of Labor
Subtitle 34 OFFICE
OF CEMETERY OVERSIGHT
09.34.03 Fees
Authority: Business Regulation Article, §§5-204, 5-205, 5-303,
5-307, 5-312, 5-404, 5-605, and 5-710, Annotated Code of Maryland
Notice of Proposed Action
[23-294-P]
The Office of Cemetery Oversight proposes to amend Regulations .01 and .02 under COMAR 09.34.03
Fees. This action was considered by the Office of Cemetery Oversight on
October 26, 2023.
Statement of Purpose
The purpose of this action is to manage the rising operation cost
of the Office of Cemetery Oversight and improve services for licensees and
constituents.
Estimate of Economic Impact
I. Summary of Economic Impact. The amendments will increase
fees on licensees by approximately $15 per sales contract.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
|
|
|
Office of Cemetery Oversight
|
(R+)
|
Moderate
|
|
B. On other State agencies:
|
NONE
|
|
|
C. On local governments:
|
NONE
|
|
|
|
|
|
|
|
Benefit
(+)
Cost
(-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
|
|
|
Registered cemetarians
|
(-)
|
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. Sales contract rates will remain constant or increase slightly.
D. Licensees will continue to renew their licenses and complete
sales contracts.
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 Deborah Rappazzo, Executive Director,
Department of Labor, Office of Cemetery Oversight, Division of Occupational and
Professional Licensing, 1100 N. Eutaw Street, 5th Floor, Baltimore, MD 21201,
or call 410-230-6228, or email to deborah.rappazzo@maryland.gov. Comments will
be accepted through February 12, 2024. A public hearing has not been scheduled.
.01
Registration Fees.
A. Initial registration fees are as follows:
(1) Registered cemeterian/registered seller who is a sole
proprietor of a cemetery or burial goods business — $150 plus [$15] $30
per sales contract of $250 or more entered into within the business’ past 2
fiscal years;
(2)—(4) (text unchanged)
B. Registration renewal fees are as follows:
(1) Registered cemeterian/registered seller who is a sole
proprietor of a cemetery or burial goods business — $150 plus [$15]
$30 per sales contract of $250 or more entered into within the business’
past 2 fiscal years;
(2)—(4) (text unchanged)
C. (text unchanged)
.02 Permit Fees.
Permit fees are as follows:
A. Initial permit fee — $200 plus [$15] $30
per sales contract of $250 or more entered into within the business’ past 2
fiscal years;
B. Permit renewal fee — $200 plus [$15] $30
per sales contract of $250 or more entered into within the business’ past 2
fiscal years;
C. Initial permit fee for a nonprofit cemetery which does not sell [burial
goods] sales contracts — $50;
D. Permit renewal fee for a nonprofit cemetery which does not sell [burial
goods] sales contracts — $50;
E. (text unchanged)
PORTIA WU
Secretary of Labor
Title 10
MARYLAND DEPARTMENT OF HEALTH
Subtitle 09 MEDICAL CARE PROGRAMS
10.09.06 Adult Residential
Substance Use Disorder Services
Authority: Health-General Article, §§2-104(b), 7.5-204(c),
7.5-205(d), and 15-105(b), Annotated Code of Maryland
Notice of Proposed Action
[23-303-P]
The Secretary of Health proposes to amend Regulation .09 under COMAR 10.09.06 Adult Residential Substance Use Disorder Services.
Statement of Purpose
The purpose of this action is to
update the listed provider reimbursement rate to the 3 percent increased
rate, effective for Fiscal Year 2024, pursuant to Ch. 101 (H.B. 200), Acts of
2023, Budget Bill (Fiscal Year 2024).
Estimate of Economic Impact
I. Summary of Economic Impact. The budget for Fiscal Year
2024 includes a 3 percent rate increase.
The total fiscal impact of this rate increase on health home services is
$4,983,110.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
|
|
|
Maryland Department of Health
|
(E+)
|
$4,983,110
|
|
B. On other State agencies:
|
NONE
|
|
|
C. On local governments:
|
NONE
|
|
|
|
|
|
|
|
Benefit
(+)
Cost
(-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
|
|
|
MD Medicaid adult residential SUD providers
|
(+)
|
$4,983,110
|
|
|
|
|
|
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. This amount assumes:
(1) The projected expenditures for Fiscal Year 2023 are
$166,103,665.
(2) The projected expenditures for Fiscal Year 2024 are
$171,086,775.
(3) The projected economic impact of this proposal is the
difference in expenditures ($4,983,110); and
(4) This amount is subject to a blended federal match, utilizing
74.4 percent federal funds ($3,707,434) and 25.6 percent general funds
($1,275,676).
D. See A above.
Economic Impact on Small Businesses
The proposed action has a meaningful economic impact on small
businesses. An analysis of this economic impact follows:
The estimated impact of the proposed regulations will be a 3
percent increase of reimbursement. The estimated magnitude of this benefit is
$4,983,110.
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 February 12, 2024. A public hearing has not been scheduled.
.09 Payment Procedures.
A.—B. (text unchanged)
[C. For dates of
services from January 1, 2021 through June 30, 2022, rates for the services
outlined in this chapter shall be as follows:
(1) For ASAM Level 3.1, the provider shall receive $94.70 per diem;
(2) For ASAM Level 3.3, the provider shall receive $211.05 per
diem;
(3) For ASAM Level 3.5, the provider shall receive $211.05 per
diem;
(4) For ASAM Level 3.7, the provider shall receive $324.92 per
diem; and
(5) For ASAM Level 3.7-WM, the provider shall receive $395.12 per
diem.]
[D.] C. [Effective]
For dates of service from July 1,
2022, through June 30, 2023, rates for the services outlined in this
chapter shall be as follows:
(1)—(5) (text unchanged)
D. Effective July 1, 2023, rates for the services outlined in
this chapter shall be as follows:
(1) For ASAM Level 3.1, the provider shall receive $104.62 per
diem;
(2) For ASAM Level 3.3, the provider shall receive $233.14 per
diem;
(3) For ASAM Level 3.5, the provider shall receive $233.14 per diem;
(4) For ASAM Level 3.7, the provider shall receive $358.93 per
diem; and
(5) For ASAM Level 3.7-WM, the provider shall receive $436.38
per diem.
E. (text unchanged)
LAURA HERRERA
SCOTT
Secretary of Health
Subtitle 09 MEDICAL
CARE PROGRAMS
10.09.80 Community-Based
Substance Use Disorder Services
Authority: Health-General Article, §2-104(b) 7.5-204, 7.5-205(d)
7.5-402, 8-204(c)1) 15-103(a)1) and 15-105(b), Annotated Code of Maryland
Notice of Proposed Action
[23-302-P]
The Secretary of Health proposes to amend Regulations .01, .05, and .08 under COMAR 10.09.80 Community-Based Substance
Use Disorder Services.
Statement of Purpose
The purpose of this action is to update the listed provider
reimbursement rate to the 3 percent increased rate, effective for Fiscal Year
2024, pursuant to Ch. 101 (H.B. 200), Acts of 2023, Budget Bill (Fiscal Year
2024). This proposal also updates the reference to the Data 2000 Waiver
pursuant to Section 1262 of the Consolidated Appropriations Act, 2023.
Estimate of Economic Impact
I. Summary of Economic Impact. The budget for Fiscal Year
2024 includes a 3 percent rate increase. The total fiscal impact of this rate
increase on health home services is $10,633,196.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
|
|
|
Maryland Department of
Health
|
(E+)
|
$10,633,196
|
|
B. On other State agencies:
|
NONE
|
|
|
C. On local governments:
|
NONE
|
|
|
|
|
|
|
|
Benefit
(+)
Cost
(-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
|
|
|
Medicaid community SUD
providers
|
(+)
|
$10,633,196
|
|
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. This amount assumes:
(1) The estimated economic impacts of the proposed action are
based on Fiscal Year 2023 program expenditures and Fiscal Year 2024 projected
expenditures.
(2) The Fiscal Year 2024 projected expenditure is 3 percent
greater than the Fiscal Year 2023 expenditures.
(3) The Fiscal Year 2024 impact is the difference in projected
expenditures for Fiscal Year 2023 ($354,439,850) and Fiscal Year 2024
($365,073,046).
(4) This amount is subject to a blended federal match, utilizing
63.95 percent federal funds ($6,799,929) and 36.05 percent general funds
($3,833,267).
D. See above.
Economic Impact on Small Businesses
The proposed action has a meaningful economic impact on small
businesses. An analysis of this economic impact follows:
Maryland Medicaid community-based substance use disorder services
providers will benefit from the 3 percent rate increase for services covered
under 10.09.80.
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 February 12, 2024. A public hearing has not been scheduled.
.01 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(4) (text unchanged)
(5) “DEA” means the Drug Enforcement Administration of the U.S.
Department of Justice.
[(5)] (6)—[(21)] (22) (text
unchanged)
.05 Covered Services.
A.—F. (text unchanged)
G. Buprenorphine and other medication assisted treatment delivered
by a BHA licensed substance use disorder treatment provider that employs a [DATA
2000 waived provider] practitioner who holds a DEA registration with
Schedule III authority in compliance with 21 U.S.C. §823 shall
include the following:
(1) Services delivered by a [DATA 2000 waived provider] DEA
registered practitioner with Schedule III authority, including:
(a)—(c) (text unchanged)
(2) (text unchanged)
H. For dates of service before January 1, 2023, BHA licensed
substance use disorder treatment providers rendering buprenorphine and other
medication assisted treatment are required to comply with requirements for DATA
2000 waived providers.
[H.] I.—[I.] J. (text
unchanged)
.08 Payment Procedures.
A.—C. (text unchanged)
[D. For dates of service from November 1, 2021 through June
30, 2022, rates for the services outlined in this regulation shall be as
follows:
(1) For services outlined in this regulation, as delivered through
a BHA licensed substance use disorder treatment provider:
(a) Comprehensive substance use disorder assessment —$179.55;
(b) Level 1 group substance use disorder counseling — $49.32 per
session;
(c) Level 1 individual substance use disorder counseling — $25.29
per 15-minute increment with a maximum of six 15-minute increments per day;
(d) Level 2.1 Intensive Outpatient treatment — $158.05 per diem;
(e) Level 2.5 Partial Hospitalization half day session — $164.37
per diem;
(f) Level 2.5 Partial Hospitalization full day session — $265.52
per diem;
(g) Ambulatory Withdrawal Management —$88.51 per diem;
(h) Point of care presumptive drug test read with direct optical
observation only — $10.02 per test;
(i) Point of care presumptive drug test read with
instrument-assisted direct optical observation — $10.02 per test;
(j) Point of care presumptive drug test read with instrumented
chemistry analyzers — $49.40 per test; and
(k) Periodic medication management through office-based evaluation
and management visits, according to COMAR 10.09.02.07D.
(2) For services outlined in this regulation as delivered through
an opioid treatment program:
(a) Comprehensive substance use disorder assessment — $179.55;
(b) Level 1 group substance use disorder counseling — $49.32 per
session;
(c) Level 1 individual substance use disorder counseling — $25.29
per 15-minute increment with a maximum of six 15-minute increments per day;
(d) Opioid Maintenance Therapy — $78.10 per participant per week;
(e) Medication Assisted Treatment Induction — $252.89 per
participant per week;
(f) Buprenorphine Maintenance Therapy — $69.43 per participant per
week; and
(g) Periodic medication management through office-based evaluation
and management visits, according to COMAR 10.09.02.07D.]
[E.] D. [Effective] For dates
of service from July 1, 2022, through
June 30, 2023, rates for the services outlined in this regulation shall be
as follows:
(1)—(2) (text unchanged)
[F.] E. [Effective] For dates
of service from March 1, 2023, through
June 30, 2023, peer support services as outlined in Regulation .05 of this
chapter as delivered a BHA licensed substance use disorder treatment provider
or an opioid treatment program:
(1)—(2) (text unchanged)
F. Effective July 1, 2023, rates for the services outlined in
this regulation shall be as follows:
(1) For services outlined in this regulation, as delivered
through a BHA licensed substance use disorder treatment provider:
(a) Comprehensive substance use disorder assessment — $198.35;
(b) Level 1 group substance use disorder counseling — $54.49 per
session;
(c) Level 1 individual substance use disorder counseling —
$27.93 per 15-minute increment with a maximum of six 15-minute increments per day;
(d) Level 2.1 Intensive Outpatient treatment — $174.60 per diem;
(e) Level 2.5 Partial Hospitalization half day session — $181.58
per diem;
(f) Level 2.5 Partial Hospitalization full day session — $293.31
per diem;
(g) Ambulatory Withdrawal Management —$97.78 per diem;
(h) Individual peer support services — $16.87 per 15-minute
increment;
(i) Group peer support services — $4.69 per 15-minute increment;
(j) Point of care presumptive drug test read with direct optical
observation only — $10.02 per test;
(k) Point of care presumptive drug test read with
instrument-assisted direct optical observation — $10.02 per test;
(l) Point of care presumptive drug test read with instrumented
chemistry analyzers — $49.40 per test; and
(m) Periodic medication management through office-based
evaluation and management visits, according to COMAR 10.09.02.07D.
(2) For services outlined in this regulation as delivered
through an opioid treatment program:
(a) Comprehensive substance use disorder assessment — $198.35;
(b) Level 1 group substance use disorder counseling — $54.49 per
session;
(c) Level 1 individual substance use disorder counseling —
$27.93 per 15-minute increment with a maximum of six 15-minute increments per
day;
(d) Opioid Maintenance Therapy — $86.27 per participant per
week;
(e) Medication Assisted Treatment Induction — $279.36 per
participant per week;
(f) Buprenorphine Maintenance Therapy — $76.69 per participant
per week;
(g) Individual peer support services — $16.87 per 15-minute
increment;
(h) Group peer support services — $4.69 per 15-minute increment;
and
(i) Periodic medication management through office-based
evaluation and management visits, according to COMAR 10.09.02.07D.
G.—I. (text unchanged)
LAURA HERRERA
SCOTT
Secretary of Health
Subtitle 09 MEDICAL
CARE PROGRAMS
10.09.92 Acute Hospitals
Authority: Health-General Article, §§2-104(b), 15-102.8, 15-103,
and 15-105, Annotated Code of Maryland
Notice of Proposed Action
[23-304-P]
The Secretary of Health proposes to amend Regulations .04 and .05 under COMAR 10.09.92
Acute Hospitals.
Statement of Purpose
The purpose of this action is to:
(1) Allow coverage of medically necessary ancillary services on
administrative days; and
(2) Clarify the coverage of ancillary services when provided
during an observation stay.
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed action
increases the amount acute hospitals are paid for care provided on
administrative days, by permitting them to bill select ancillary service
revenue codes in conjunction with the revenue code for an administrative day.
The select set of ancillary services/codes were identified based on analysis of
usage. The estimated Fiscal Year 2024 impact for ancillary services is $4,293,886.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
|
|
|
Maryland Department of
Health
|
(E+)
|
$4,293,886
|
|
B. On other State agencies:
|
NONE
|
|
|
C. On local governments:
|
NONE
|
|
|
|
|
|
|
|
Benefit
(+)
Cost
(-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
|
|
|
Maryland Medicaid acute
hospital providers
|
(+)
|
$4,293,886
|
|
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. This amount assumes:
(1) Average additional costs to administrative day rate costs for
Acute Care Hospitals will be an average cost of $1,801.13 for FY 2024.
(2) In FY 2024, the anticipated number of billable administrative
days will be 2,384.
(3) In FY 2024, the total increase in expenditures will be
$4,293,886.
D. See A above.
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 February 12, 2024. A public hearing has not been scheduled.
.04 Covered Services.
A. (text unchanged)
B. The Program covers the following hospital services:
(1)—(5) (text unchanged)
(6)
Administrative days, which may include
select ancillary services, determined to be necessary by the Department or
its designee; and
(7) (text
unchanged)
.05 Limitations.
The Program does not cover:
A.—O. (text unchanged)
P. Hospital laboratory tests which are coverable under COMAR
10.09.09, unless the specimen is obtained in the hospital for a participant
receiving inpatient, outpatient, emergency department, or observation services;
[and]
Q. Hospital services provided outside of the United States[.];
and
R. Ancillary services that are part of an observation stay
beyond the initial 24 hours.
LAURA HERRERA
SCOTT
Secretary of Health
Subtitle 11 MATERNAL AND CHILD HEALTH
10.11.08 Abortion Care Disclosure
Authority: Health-General
Article, §4–302.5, Annotated Code of Maryland
Notice of Proposed Action
[23-237-P]
The Secretary of Health proposes to adopt new Regulations .01—.06 under a new chapter, COMAR 10.11.08 Abortion Care Disclosure.
Statement of Purpose
The purpose of this action is to introduce the Abortion Care
Diagnosis, Procedure, and Medication Code Technical Guidance Document. This
document outlines the specific mifepristone data and the abortion care
diagnosis, procedure, medication, and related codes that are subject to
restrictions on disclosure. Additionally, the chapter specifies the entities to
which these restrictions apply. This proposal is being promulgated pursuant to
Chs. 248 and 249 (S.B. 786 and H.B. 812), Acts of 2023, Health — Reproductive
Health Services — Protected Information and Insurance Requirements.
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed action has an
indeterminable economic impact on the regulated entities. Currently, Electronic
Health Networks (EHNs) and Health Information Exchanges (HIEs) do not have the
ability to restrict certain health information from a patient’s health records.
Both entities would be required to develop a mechanism to restrict the specific
mifepristone data, and the diagnosis, procedure, and related codes for abortion
care. The cost of developing this mechanism is currently unknown; however, MDH
has initiated discussions with EHNs and HIEs to determine an estimated cost.
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:
|
|
|
|
Healthcare industry
|
(-)
|
Indeterminable
|
|
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.)
D. There will be an indeterminable fiscal impact on the regulated
industry. The industry is still determining what modifications to their systems
will be required to comply with the new requirements.
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 February 12, 2024. A public hearing has not been scheduled.
.01 Purpose.
This chapter:
A. Defines:
(1) Mifepristone data;
(2) Health information exchange;
(3) Electronic health network; and
(4) Protected Health Care Commission;
B. Lists the mifepristone data, and diagnosis, procedure, and
related codes for abortion care that are subject to the restrictions on the
disclosure of health care information;
C. Describes to whom these restrictions apply; and
D. Sets forth the restrictions on data.
.02 Definitions.
A. In this chapter, the following terms have the meaning
indicated.
B. Terms Defined.
(1) “Electronic health network” has the meaning stated in COMAR
10.25.09.02.
(2) “Health information exchange” has the meaning stated in
COMAR 10.25.18.02.
(3) “Mifepristone data” means all medication or related codes
pertaining to mifepristone use during any stage of pregnancy, and excludes any
codes pertaining to the use of mifepristone for Cushing’s syndrome.
(4) “Protected Health Care Commission” means the group
established under Health-General Article, §4-310, Annotated Code of Maryland.
(5) “Secretary” means the Secretary of the Maryland Department
of Health.
.03 Abortion Care Codes.
A health information exchange and an electronic health network
shall restrict the disclosure of the abortion care medical diagnosis codes and
current procedural terminology (CPT) codes listed in the tables below.
A. List of Medical Diagnosis Codes.
|
International
Classification of Diseases, Tenth Revision, Clinical Modification (ICD-10-CM)
Code
|
Description
|
|
O04—O04.89
|
Complications following (induced)
termination of pregnancy
|
|
O07—O07.4
|
Failed attempted termination of pregnancy
|
|
O31.3—O31.8X9
|
Continuing pregnancy after selective
reduction of one fetus or more
|
|
Z33.2
|
Encounter for elective termination of pregnancy
|
B. List of the Current Procedural Terminology (CPT®) Codes.
|
CPT®
Code
|
Description
|
|
59840
|
Induced abortion, by dilation and curettage
|
|
59841
|
Induced abortion, by dilation and evacuation
|
|
59850
|
Induced abortion, by 1 or more
intra-amniotic injections, including hospital admission and visits, delivery
of fetus and secundines
|
|
59851
|
Induced abortion, by 1 or more
intra-amniotic injections, including hospital admission and visits, delivery
of fetus and secundines; with dilation and curettage and/or evacuation
|
|
59852
|
Induced abortion, by 1 or more
intra-amniotic injections, including hospital admission and visits, delivery
of fetus and secundines; with hysterotomy (failed intra-amniotic injection)
|
|
59855
|
Induced abortion, by 1 or more vaginal suppositories
(e.g. prostaglandin) with or without cervical dilation (e.g., laminaria),
including hospital admission and visits, delivery of fetus and secundines
|
|
59856
|
Induced abortion, by 1 or more vaginal
suppositories (e.g. prostaglandin) with or without cervical dilation (e.g.,
laminaria), including hospital admission and visits, delivery of fetus and
secundines; with dilation and curettage and/or evacuation
|
|
59857
|
Induced abortion, by 1 or more vaginal
suppositories (e.g. prostaglandin) with or without cervical dilation (e.g.,
laminaria), including hospital admission and visits, delivery of fetus and
secundines; with hysterotomy (failed medical evacuation)
|
|
59866
|
Multifetal pregnancy reduction(s)
|
.04 Mifepristone Data
Codes.
A health information exchange and an electronic health network
shall restrict the disclosure of mifepristone data Healthcare Common Procedure
Coding System (HCPCS) codes and medication codes listed in the tables below.
A. List of Healthcare Common Procedure Coding System ( HCPCS)
Level 2 Codes.
|
HCPCS
Level 2 Code
|
Description
|
|
S0190
|
Mifepristone, oral, 200mg
|
|
S0199
|
Medically induced abortion by oral ingestion
of medication including all associated services and supplies (e.g., patient
counseling, office visits, confirmation of pregnancy by human chorionic
gonadotropin (HCG), ultrasound to confirm duration of pregnancy, ultrasound
to confirm completion of abortion) except drug/medications
|
B. List of Medication Codes.
|
National
Drug Code
|
Trade
Name
|
Labeler/Manufacturer
|
|
64875-0001-01
|
Mifeprex (oral mifepristone)
|
Danco
|
|
43393-001
|
Generic mifepristone tablets
|
GenBIOPro
|
|
43393-001-06
|
Generic mifepristone tablets
|
GenBIOPro
|
|
43393000106
|
Generic mifepristone tablets
|
GenBIOPro
|
.05 Restrictions on
Disclosure of Mifepristone Data.
Data is restricted in accordance with COMAR 10.25.18 and COMAR
10.25.07.
.06 Sensitive Health
Services.
The Secretary shall determine what sensitive health services are
subject to restriction under this chapter based on the recommendations of the
Protected Health Care Commission.
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 25 MARYLAND HEALTH CARE
COMMISSION
10.25.07 Certification of
Electronic Health Networks and Medical Care Electronic Claims Clearinghouses
Authority: Health-General Article, §§4-302.1, 4-302.5, 19-103(c)(2), (9),
and (10), 19-109(a)(1), 19-134, and 19-135(a) and (b), Annotated Code of
Maryland
Notice of Proposed Action
[23-277-P]
The Maryland Health Care Commission proposes to amend Regulations .02, .04, .05, and .09 under COMAR 10.25.07 Certification of Electronic Health Networks and Medical
Care Electronic Claims Clearinghouses. This action was considered by the
Commission at an open meeting held on November 16, 2023, notice of which was
given through publication in the Maryland Register, in accordance with General
Provisions Article §3-302(c), Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to propose amendments to COMAR
10.25.07 Certification of Electronic Health Networks and Medical Care
Electronic Claims Clearinghouses. Ch. 249 (H.B. 812), Acts of 2023, Health —
Reproductive Health Services — Protected Information and Insurance
Requirements, requires the Maryland Health Care Commission (MHCC) to develop
emergency regulations to support implementation within 9 months of the law’s
effective date. The law establishes
protections for the disclosure of legally protected health information by
health information exchange (HIE) and electronic health network (EHN) entities
operating in the State.
The proposed amendments: (1) add definitions for “adjudication of
claims,” “disclose/disclosure,” “health information,” and “legally protected
health information,” and revise the definition of “qualified accreditation or
certification organization;” (2) update the timeline under which application
fees are due to the Commission; (3) require an EHN to provide MHCC with an
attestation that the EHN has the ability to restrict from disclosure legally
protected health information; (4) allow the Commission to withdrawal
certification from an EHN in the event the EHN discloses legally protected
health information; (5) require an EHN, by January 8, 2024, to either affirm to
MHCC that it possesses the technological capability to filter and restrict from
disclosure legally protected health information or submit an implementation
plan describing the timeline and steps the EHN is taking to implement the
requirements by June 1, 2024 (EHNs submitting an implementation plan must
provide a status report to the Commission by April 1, 2024 and submit
validation to the Commission by June 1, 2024 that the EHN possess the
technological capability to filter and restrict from disclosure legally protected
health information); and (6) establish civil and criminal penalties of up to
$10,000 per day and specify that criminal penalties take effect June 1, 2024.
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed action has an
indeterminable economic impact on the regulated entities. Electronic health
network entities subject to requirements in COMAR 10.25.07 may incur costs when
developing the technology necessary to restrict the specific mifepristone data,
and the abortion care diagnosis, procedure, medication, and related codes. The cost of developing this technology is
currently unknown; however, costs may be minimal as electronic health networks
are accustomed to parsing and sorting health information and could potentially
leverage existing technology to implement proposed regulatory
requirements.
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:
|
|
|
|
Electronic health networks
|
(-)
|
Indeterminable
|
|
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.)
D. There will be an indeterminable fiscal impact on the regulated
industry. The industry is still determining what modifications to their systems
will be required to comply with the new requirements.
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 Anna Gribble, Program Manager, Maryland
Health Care Commission, 4160 Patterson Avenue, Baltimore, MD 21215, or call
410-764-3379, or email to mhcc_regs.comment@maryland.gov. Comments will be
accepted through February 12, 2024. A public hearing has not been scheduled.
Open Meeting
Final action on the proposal will be considered by the Maryland
Health Care Commission during a public meeting to be held on March 21, 2024, at
1 p.m., at 4160 Patterson Avenue, Room 100, Baltimore, MD 21215. To attend
virtually, please register on the Meeting Schedule page on the Commission
website: https://mhcc.maryland.gov.
.02 Definitions.
A. (text
unchanged)
B. Terms Defined.
(1) “Adjudication of claims” means the activities
necessary for the adjudication or subrogation of a health benefit claim that
has been filed or may be filed by a patient, or with the authorization of a
patient on the patient’s behalf, including:
(a) Determinations of eligibility or coverage, including
coordination of benefits or the determination of cost-sharing amounts;
(b) Reasonable prospective, concurrent, or retrospective
utilization review or predetermination of benefit coverage;
(c) Review, audit, and investigation of a specific claim for
payment of benefits with respect to medical necessity, coverage under a health
plan, appropriateness of care, or justification of charges;
(d) Billing, claims management, collection activities, obtaining
payment under a contract for reinsurance, and related health care data
processing; and
(e) Risk adjustments based on enrollee health status and
demographic characteristics.
[(1)] (2) (text unchanged)
(3) “Disclose” or “disclosure” means the release, redisclosure,
transfer, provision, access, transmission, communication, or divulgence in any
other manner of health information, including an acknowledgement that a health
record on a particular patient or recipient exists outside the entity holding
the information.
[(2)] (4)—[(5)] (7) (text unchanged)
(8) “Health information” means any information, whether oral or
recorded in any form or medium, including electronic health information, that:
(a) Is created or received by a health care provider, health
plan, public health authority, employer, life insurer, or health care
clearinghouse; and
(b) Relates to the past, present, or future physical or mental
health or condition of an individual, the provision of health care to an
individual, or the past, present, or future payment for the provision of health
care to an individual.
(9) “Legally protected health information” means the health
information with a date of service after May 31, 2022, that is subject to
restrictions under Health-General Article, §4-302.5, Annotated Code of
Maryland, and COMAR 10.11.08, including:
(a) Mifepristone data, as defined by the Secretary; and
(b) As specified by the Secretary, the diagnosis, procedure,
medication, and other codes related to:
(i) Abortion care; and
(ii) Sensitive health services, as defined by Health-General,
§4-301, Annotated Code of Maryland.
[(6)] (10)—[(9)] (13) (text unchanged)
[(10)]
(14) "Qualified accreditation or certification organization"
means [the Electronic Healthcare Network Accreditation Commission
(EHNAC) or an organization recognized by the Executive Director that has
established standards of quality for electronic health networks and accredits
or certifies networks that meet those standards] a nationally
recognized entity that has established privacy and security standards for
electronic health networks and accredits or certifies networks that meet those
standards.
.04 Procedure to Obtain
Certification.
A. (text unchanged)
B. Fees.
(1) An application fee shall be paid to the Commission [at
the time the MHCC Electronic Health Network Certification application is filed]
within 30 days of receipt of an invoice from the Commission.
(2) For an electronic health network with one operational site, an
application fee of $400 shall be paid [at the time the application is
filed] within 30 days of receipt of an
invoice from the Commission.
(3) For an electronic health network with more than one operational
site, an application fee of $400, plus a $200 fee for each additional
operational site, shall be paid [at the time the application is filed]
within 30 days of receipt of an invoice from the Commission.
.05 Standards for
Certification.
A. In order to obtain certification, an applicant shall:
(1) (text
unchanged)
(2) Meet the following standards for certification:
(a) Demonstrate
compliance with the HIPAA privacy standards set forth in 45 [C.F.R. §§160 and 164] CFR Parts 160 and 164;
(b) Demonstrate compliance with
HIPAA security standards set forth in 45 [C.F.R.
§§160, 162, and 164] CFR Parts
160, 162, and 164;
(c) Provide an attestation signed by an officer of the applicant
that the applicant restricts disclosure of legally protected health information
as required by Health-General Article, §4-302.5, Annotated Code of Maryland;
[(c)]
(d)—[(e)] (f)
(text unchanged)
B. (text unchanged)
.09 Withdrawal of
Certification and Other Penalties.
A. The Commission may withdraw certification from an
MHCC-certified EHN if the Commission finds that:
[A.] (1) (text unchanged)
[B.] (2) A principal or owner of the
MHCC-certified EHN, or the entity itself, is convicted of, or pleads guilty or
nolo contendere to, a crime related to the operation of the EHN or to a crime
involving financial improprieties; [or]
[C.] (3) A principal or owner of the
MHCC-certified EHN, or the entity itself, is notified by a qualified
accreditation or certification organization or the Commission of a violation of
HIPAA privacy or security standards and fails to take action to remedy the
violation within the period of time specified by a qualified accreditation or
certification organization or by the Commission[.];
(4) The MHCC-certified EHN disclosed legally protected health
information in violation of Health-General Article, §4-302.5, Annotated Code of
Maryland; or
(5) The MHCC-certified EHN violated a provision of COMAR 10.25.18.
B. An MHCC-certified EHN shall report on compliance progress to
the Commission, as follows:
(1) By January 8, 2024, an MHCC-certified EHN shall submit to
the Commission:
(a) An affirmation that to the extent required by Health-General
Article, §4-302.5, Annotated Code of Maryland, it:
(i) Possesses the technological capability to filter and
restrict from disclosure legally protected health information;
(ii) Is parsing restricted codes and conveying all other
information in the health record that is not prohibited by law to exchange; and
(iii) Possesses the technological capacity to allow a consumer
to request and consent to the exchange of legally protected health information
to a specific treating provider; or
(b) An implementation plan that includes:
(i) An affirmation that, despite its best efforts, the
MHCC-certified EHN lacks the technological capability to fully comply with
Health-General Article, §4-302.5, Annotated Code of Maryland, as of January 8,
2024, including a detailed explanation of the EHN’s limitations;
(ii) A detailed description of the steps the MHCC-certified EHN
is taking to ensure compliance with Health-General Article, §4-302.5, Annotated
Code of Maryland, by June 1, 2024;
(iii) A timeline to implement Health-General Article, §4-302.5,
Annotated Code of Maryland, by June 1, 2024; and
(iv) A description of the extent legally protected health
information and other health information will be restricted by the
MHCC-certified EHN during the implementation of its plan.
(2) If a MHCC-certified EHN submits an implementation plan in
accordance with §B(1) of this regulation, the EHN shall:
(a) Provide a status report to the Commission by April 1, 2024,
detailing the progress the MHCC-certified EHN has made under its implementation
plan; and
(b) Submit validation to the
Commission by June 1, 2024, that it possesses the technological capability to
filter and restrict from disclosure legally protected health information to the
extent required by law.
C. Beginning June 1, 2024, a person who knowingly violates
Health-General Article, §4-302.5, Annotated Code of Maryland, shall be guilty
of a misdemeanor and on conviction is subject to a fine not to exceed $10,000
per day based on:
(1) The extent of actual or potential public harm caused by the
violation;
(2) The cost of investigating the violation; and
(3) The person’s prior record of compliance.
RANDOLPH S.
SERGENT, ESQ.
Chair
Subtitle 25 MARYLAND
HEALTH CARE COMMISSION
10.25.18 Health Information
Exchanges: Privacy and Security of Protected Health Information
Authority: Health-General Article, §§4-301, 4-302.2, 4-302.3, 4-302.5, 4-304, 19-101, and
19-143, Annotated Code of Maryland
Notice of Proposed Action
[23-299-P]
The Maryland Health Care Commission proposes to amend Regulations .01—.04, .06, .07, and .09—.11 under COMAR 10.25.18 Health Information Exchanges: Privacy and Security of
Protected Health Information. This action was considered by the Commission
at an open meeting held on November 16, 2023, notice of which was given through
publication in the Maryland Register, in accordance with General Provisions
Article §3-302(c), Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to propose amendments to COMAR
10.25.18 Health Information Exchanges: Privacy and Security of Protected Health
Information. Ch. 249 (H.B. 812), Acts of 2023, Health — Reproductive Health
Services — Protected Information and Insurance Requirements, requires the
Maryland Health Care Commission (MHCC) to develop emergency regulations to
support implementation within 9 months of the law’s effective date. The law
establishes protections for the disclosure of legally protected health information
by health information exchange (HIE) and electronic health network (EHN)
entities operating in the State.
The proposed amendments: (1) align the definition of an HIE with
the definition in statute; (2) expand the scope of the regulation to include
health information stored in or maintained by an HIE; (3) clarify that an HIE
unable to meet a requirement in the regulation may request an exemption; (4)
clarify references and explanations of certain defined terms; (5) add
definitions for “adjudication of claims,” “electronic health information,”
“health care,” “health information technology developer of certified health
information technology/developer,” “health record,” “interoperability,”
“legally protected health information,” and “21st Century Cures Act;” (6)
revise definitions of “identifiable data,” “sensitive health information,” and
“population health management purpose;” (7) define the distribution channels an
HIE may utilize to disseminate health care consumer education materials and
require HIEs to distribute materials timely and at no cost; (8) specify
required content of educational materials regarding sensitive health services;
(9) cite Maryland statute pertaining to access, use, and disclosure of
sensitive health information and require an HIE to comply with a procedure for
disclosing legally protected health information; (10) require an HIE, by
January 8, 2024, to either affirm to MHCC that it possess the technological
capability to filter and restrict from disclosure legally protected health
information or submit an implementation plan describing the timeline and steps
the HIE is taking to implement the requirements by June 1, 2024 (HIEs
submitting an implementation plan must provide a status report to the
Commission by April 1, 2024 and submit validation to the Commission by June 1,
2024 that the HIE possess the technological capability to filter and restrict
from disclosure legally protected health information); (11) allow the
Commission to consider the HIE’s implementation plan and progress report when
assessing penalties for violation; (12) specify the timeline for reporting an
unusual finding to participating organizations; (13) clarify the scope,
frequency, and supporting policies and procedure for annual audits conducted by
an independent party to determine privacy, security, and legal compliance; (14)
require an HIE to use audit findings for education and training and evaluation
and implementation of new controls; (15) require an HIE to submit a corrective
action plan after concluding an investigation of a non-HIPAA violation and
clarify the timeline and to whom the HIE must provide information related to
the investigation of a non-HIPAA violation; (16) clarify Commission staff can
request a corrective action plan and recommend suspension or withdrawal of HIE
registration, financial penalties, or referral to another State or federal
agency for investigation; (17) establish civil and criminal penalties of up to
$10,000 per day and specify that criminal penalties take effect June 1, 2024;
(18) require HIEs that are unable to independently meet any requirement of the
chapter to develop and implement policies to ensure the HIE’s compliance
through written agreements with participating organizations or business
associates and submit a written attestation to the Commission as part of the
registration renewal process attesting that the HIE has been in full compliance
with the requirements of this chapter; and (19) prohibit an HIE from using or
disclosing a patient’s sensitive health information for secondary use unless
permitted by applicable federal or State laws and regulations.
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed action has an
indeterminable economic impact on the regulated entities. Health information exchange entities subject
to requirements in COMAR 10.25.18 may incur costs when developing the
technology necessary to restrict the specific mifepristone data, and the
abortion care diagnosis, procedure, medication, and related codes. The cost of
developing this technology is currently unknown; however, costs may be minimal
as health information exchanges are accustomed to parsing and sorting health
information and could potentially leverage existing technology to implement
proposed regulatory requirements.
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:
|
|
|
|
Health information exchanges
|
(-)
|
Indeterminable
|
|
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.)
D. There will be an indeterminable fiscal impact on the regulated
industry. The health information exchange industry is still determining what
modifications to their systems will be needed to comply with the new
requirements.
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 Anna Gribble, Program Manager, Maryland
Health Care Commission, 4160 Patterson Avenue, Baltimore, MD 21215, or call
410-764-3379, or email to mhcc_regs.comment@maryland.gov. Comments will be
accepted through February 12, 2024. A public hearing has not been scheduled.
Open Meeting
Final action on the proposal will be considered by the Maryland
Health Care Commission during a public meeting to be held on March 21, 2024, at
1 p.m., at 4160 Patterson Avenue, Room 100, Baltimore, MD 21215. To attend
virtually, please visit the Meeting Schedule page of the Commission
website: https://mhcc.maryland.gov.
.01 Scope and Purpose.
A. (text unchanged)
B. This chapter applies to:
(1) [A health information exchange] An HIE, as
defined in Regulation [.02B(28)] .02B(32) of this chapter[;],
including:
(a) An individual or entity that determines, controls, or has
discretion to administer any requirement, policy, or agreement that allows,
enables, or requires the use of any technology or services for access,
exchange, or use of electronic protected health information:
(i) Among more than two unaffiliated individuals or entities
that are enabled to exchange electronic protected health information with each
other; and
(ii) That is for a treatment, payment, or health care operations
purpose, as those terms are defined in 45 CFR §164.501, regardless of whether
the individuals or entities are subject to the requirements of 45 CFR Parts 160
and 164; and
(b) A health information technology developer of certified
health information technology as that term is defined in Regulation .02B(33) of
this chapter;
(2) A person who accesses, uses,
or discloses protected health information through [a health information
exchange] an HIE; and
(3) [A person who uses or discloses information derived or
obtained from, or based on protected] Electronic health
information [obtained or released through] stored in, or
maintained by, an HIE.
C. This chapter does not apply to:
(1) Protected health information exchanged, accessed, used, or
disclosed:
(a) (text unchanged)
(b) Among credentialed professionals of a hospital’s medical staff;
[or]
(c) Between a hospital and its affiliated ancillary clinical
service provider who is affiliated with the hospital and who, if required by
HIPAA, has entered into a business associate agreement with the hospital[.];
(d) Among entities under common ownership as defined at
Health-General Article, §4-301, Annotated Code of Maryland, for health care
treatment, payment, or health care operations purposes, as those terms are
defined in 45 CFR §164.501;
(e) By a carrier, as defined in Insurance Article, §15-301,
Annotated Code of Maryland, exchanging information as required by 45 CFR
§156.221; or
(f) Between a carrier and its business associate, as defined in
45 CFR §160.103, if the organizational and technical processes provided or
governed by the business associate are transactions, as defined in 45 CFR
§160.103; or
(2) (text unchanged)
D. In the event that an HIE is unable to meet a requirement of
this chapter independently, it may do so by the execution of a written
agreement or by requesting an exemption in accordance with Regulation .09G or H
of this chapter.
[D.] E. The requirements in this chapter are
in addition to those [required by] set forth below:
(1) The Health Insurance Portability and Accountability Act of
1996, [including all pertinent regulations (45 CFR §§160 and 164) issued
by the U.S. Department of Health and Human Services, as amended by Subtitle D
of the Health Information Technology for Economic and Clinical Health Act (the
“HITECH Act”), Title XIII of Division A and Title IV of Division B of the
American Recovery and Reinvestment Act of 2009 (Pub. L. 111–5)] and
the pertinent regulations at 45 CFR Parts 160 and 164;
(2) The Maryland Consumer Protection Act, [Maryland]
Commercial Law Article, [§13-101 et seq.,] Title 13,
Annotated Code of Maryland;
(3) The Maryland Personal Information Protection Act, Commercial
Law Article, [§14-3501 et seq.,] Title 14, Subtitle 35,
Annotated Code of Maryland;
(4) The Maryland Confidentiality of Medical Records Act,
Health-General Article, Title 4, Subtitle 3, [Annotated Code of
Maryland, including provisions regarding confidentiality of mental
health records in Health-General Article §4-307,] Annotated Code of
Maryland;
(5) Health General Article, §4-307,
Annotated Code of Maryland, Confidentiality of Mental Health Records;
[(5)] (6) 16 CFR Part 318, Health
Breach Notification Rule, [16 CFR §318,] adopted by the Federal
Trade Commission pursuant to the HITECH Act;
[(6)] (7) 42 CFR Part 2 [regulations;
and], Confidentiality of
Substance Use Disorder Patient Records;
(8) Titles IV and XI of the 21st Century Cures Act
and the pertinent regulations, 45 CFR Part 171, and as defined at Regulation
.02B(71) of this chapter; and
[(7)] (9) (text unchanged)
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1) “Adjudication of claims” means the activities
necessary for the adjudication or subrogation of a health benefit claim that
has been filed or may be filed by a patient, or with the authorization of a
patient on the patient’s behalf, including:
(a) Determinations of eligibility or coverage, including coordination
of benefits or the determination of cost-sharing amounts;
(b) Reasonable prospective, concurrent, or retrospective
utilization review or predetermination of benefit coverage;
(c) Review, audit, and investigation of a specific claim for
payment of benefits with respect to medical necessity, coverage under a health
plan, appropriateness of care, or justification of charges;
(d) Billing, claims management, collection activities, obtaining
payment under a contract for reinsurance, and related health care data
processing; and
(e) Risk adjustments based on enrollee health status and
demographic characteristics.
[(1)] (2) (text unchanged)
[(2)] (3) “Appropriate notice to one or more
health care consumers” means notice, related to a request for individually identifiable
[data] health information for secondary use, that meets
the following requirements:
(a)—(b) (text unchanged)
[(3)] (4)—[(10)] (11)
(text unchanged)
(12) “Commission” means the Maryland Health Care Commission.
[(11)] (13)—[(16)] (18) (text
unchanged)
[(17)] (19) “Disclose” or “disclosure” means
the release, redisclosure, transfer, provision, access, transmission,
communication, or divulgence in any other manner of health information [in
a medical record], including an acknowledgment that a [medical]
health record on a particular patient or recipient exists, outside the
entity holding [such] the information.
[(18)] (20) (text unchanged)
(21) “Electronic health information” means health information
that is in an electronic form.
[(19)] (22)—[(21)] (24) (text
unchanged)
[(22)] (25) “External and independent review
committee” means a group of individuals that:
(a) Is responsible for reviewing and making a determination
regarding a request for a waiver of authorization related to population [care]
health management; and
(b) (text unchanged)
[(23)] (26)—[(24)] (27) (text
unchanged)
(28) “Health care” has the meaning provided in Health-General
Article, §4-301(g), Annotated Code of Maryland.
[(25)] (29) “Health care consumer” or
“consumer” means a recipient, a patient, or a person in
interest, as defined in this regulation.
[(26)] (30) (text unchanged)
[(27)] (31) “Health information” means any
information, whether oral or recorded in any form or medium, including
electronic health information, that:
(a)—(b) (text unchanged)
[(28)] (32) “Health information exchange” or
“HIE” [means an entity that creates or maintains an infrastructure that
provides organizational and technical capabilities in an interoperable system
for the electronic exchange of protected health information among participating
organizations not under common ownership, in a manner that ensures the secure
exchange of protected health information to provide care to patients. An HIE
includes a payor HIE but does not include an entity that is acting solely as a
health care clearinghouse, as defined in 45 CFR §160.103. A payor may act as,
operate, or own an HIE subject to these regulations.] has the meaning
provided in Health-General Article §4-301(i), Annotated Code of Maryland.
(33) “Health information technology developer of certified
health information technology” or “developer” means an entity that develops,
sells, licenses, provides, or offers health information technology, as defined
in 42 U.S.C. 300jj(5), to persons in the State and has one or more health
information technology modules certified under a program that is kept or
recognized by the National Coordinator in accordance with 42 U.S.C.
300jj-11(c)(5).
(34) Health Record.
(a) “Health record” means any health information, in any form or
medium, created or transmitted by a participating organization or health care
consumer that:
(i) Is entered in the record of a patient or recipient; and
(ii) Identifies or can readily be associated with the identity
of a patient or a recipient.
(b) “Health record” includes a medical record as defined in
Health-General §4-301(k), Annotated Code of Maryland.
[(29)] (35)—[(31)] (37) (text
unchanged)
[(32)] (38) “Hospital” [means an
institution defined] has the meaning provided in Health-General
Article, §19-301(f), Annotated Code of Maryland[, that is licensed by
the Office of Health Care Quality].
[(33) “Identifiable data” means any health information that
includes personal identifiers, as detailed in 45 CFR §164.501.]
(39) “Individually identifiable health information” has the
meaning provided in 45 CFR §160.103 and includes any health information that contains
personal identifiers, as detailed in 45 CFR §164.514(b).
[(34)] (40) (text unchanged)
(41) “Interoperability” has the meaning provided in 45 CFR
§170.102.
(42) “Legally protected health information” means the health
information with a date of service after May 31, 2022, that is subject to
restrictions under Health-General Article, §4-302.5, Annotated Code of Maryland,
and COMAR 10.11.08, including:
(a) Mifepristone data, as defined by the Secretary; and
(b) As specified by the Secretary, the diagnosis, procedure,
medication, and other codes related to:
(i) Abortion care; and
(ii) Sensitive health services, as defined by Health-General,
§4-301, Annotated Code of Maryland.
[(35)] (43)—[(46)] (54) (text
unchanged)
[(47)] (55) “Person in interest” means any of
the following, but does not include a participating organization:
(a)—(d) (text unchanged)
(e) If [§B(45)(d)] §B(55)(d) of this
regulation does not apply to a minor:
(i)—(ii) (text unchanged)
(f) (text unchanged)
[(48)] (56) (text unchanged)
[(49)] (57) “Population [care] health
management purpose” means the use of data, for secondary use, available from or
through an HIE for population-based activities relating to the improvement of
patient and population health or the reduction of health care costs, including
but not limited to:
(a)—(d) (text unchanged)
[(50)] (58)—[(57)] (65) (text
unchanged)
[(58)] (66) “Sensitive health information”
means a subset of PHI, which consists of:
(a) Part 2 information; [or]
(b) Legally protected health information; or
[(b)] (c) Any other information that has
specific legal protections in addition to those required under HIPAA or the
Maryland Confidentiality of Medical Records Act[,which include, but are
not limited to, Health-General Article, §4-307, Annotated Code of Maryland, and
the Public Health Services Act, 42 U.S.C. §290dd-2, as implemented and amended
in federal regulations].
[(59)] (67)—[(62)] (70)
(text unchanged)
(71) “21st Century Cures Act” means the 21st Century Cures Act, P.L. 114-255,
as amended, and the pertinent regulations at 45 CFR Parts 156, 170, and 171 and
42 CFR Parts 422, 431, 438, 457, 482, and 485.
[(63)] (72)—[(65)] (74) (text
unchanged)
.03 Rights of a Health Care Consumer Concerning Information
Accessed, Used, or Disclosed Through an HIE.
A. (text unchanged)
B. An HIE shall provide needed information about the HIE to a
health care consumer whose protected health information is maintained by a
health information exchange, or may be accessed, used, or disclosed through the
HIE.
(1)—(3) (text unchanged)
(4) An HIE shall make health care consumer educational materials
readily available, at no charge, to participating organizations and [their
users] the participating organizations’ users through distribution
channels such as websites, postal mail, email, secure third-party smart phone
applications, and any other reasonable media or distribution channel commonly
used and generally available to the HIE and health care consumer.
(5) In addition to the foregoing requirements, with regard to
sensitive health information, the health care consumer educational content
shall include:
(a) The scope of sensitive health information;
(b) The health care consumer’s right to control sensitive health
information;
(c) The method by which to engage in the granular patient
consent process;
(d) The method or methods by which the health care consumer can
access the patient’s own sensitive health information;
(e) The circumstances under which an HIE must restrict or may
disclose legally protected health information; and
(f) The method by which a health care consumer can request that
a patient’s legally protected health information be disclosed to a specific
health care provider.
(6) When an HIE updates its health care consumer educational
content, the HIE shall timely make the updated materials available to health
care consumers.
C.—F. (text unchanged)
G. The following requirements shall apply to all communications
between an HIE and a health care consumer[.]:
(1) (text unchanged)
(2) A health care consumer’s communication opting out or opting in
to an HIE shall be made [in]:
(a) [Writing] In
writing;
(b) (text unchanged)
(c) By telephone, if the HIE confirms the action with a written
communication to the health care consumer in accordance with [§F(5)(a)—(b)]
§G(5)(a) and (b) of this regulation.
(3)—(6) (text unchanged)
H. (text unchanged)
.04 Access, Use, or Disclosure of Sensitive Health Information.
A. Consistency with Disclosure Requirements Under Federal and State
Law.
(1) A person shall comply with all relevant State and federal laws,
including 42 CFR Part 2, and Health-General Article, §4-302.5, Annotated
Code of Maryland, concerning the access, use, or disclosure of sensitive
health information through an HIE and maintenance of such information by an
HIE.
(2) (text unchanged)
(3) [Notwithstanding §A(2) of this regulation, an HIE may
transmit sensitive health information:
(a) To medical personnel who have a need for information about a
patient for the purpose of treating a condition which poses an immediate threat
to the health of any individual and which requires immediate medical
intervention, as permitted by Part 2; and
(b) In an emergency, if a health care provider makes a professional
determination that an immediate disclosure is necessary to provide for the
emergency health care needs of a patient or recipient.] If federal or
State law does not require written consent or authorization for access, use, or
disclosure of sensitive health information, a person may not require consent or
authorization prior to the access, use, or disclosure of the sensitive health
information through an HIE.
(4)—(5) (text unchanged)
B. (text unchanged)
C. Procedures for Disclosing or Re-Disclosing Legally Protected Health
Information.
(1) An HIE shall be in compliance with Health-General Article,
§4-302.5, Annotated Code of Maryland, and COMAR 10.11.08.
(2) By January 8, 2024, an HIE shall submit to the Commission:
(a) An affirmation that it:
(i) Possesses the technological capability to filter and
restrict from disclosure legally protected health information to the extent
required by law;
(ii) Is parsing restricted codes and conveying all other
information in the health record that is not prohibited by law to exchange; and
(iii) Possesses the technological capacity to allow a consumer
to request and consent to the exchange of legally protected health information
to a specific treating provider; or
(b) An implementation plan that includes:
(i) An affirmation that, despite its best efforts, the HIE lacks
the technological capability to fully comply with §C(1) of this regulation as
of January 8, 2024, including a detailed explanation of the HIE’s limitations;
(ii) A detailed description of the steps the HIE is taking to
ensure compliance with §C(1) of this regulation by June 1, 2024;
(iii) A timeline to implement the requirements of Health-General
Article §4-302.5, Annotated Code of Maryland, by June 1, 2024; and
(iv) A description of the extent legally protected health
information and other health information will be restricted through the HIE
during the implementation of its plan.
(3) If an HIE submits an implementation plan in accordance with
§C(2)(b) of this regulation, the HIE shall:
(a) Notify all participating organizations by January 8, 2024,
that the HIE is unable to comply with §C(1) of this regulation with a written
notice that describes the extent legally protected health information and other
health information will be restricted through the HIE during the implementation
of its plan;
(b) Provide a status report to the Commission by April 1, 2024,
detailing the progress the HIE has made under its implementation plan; and
(c) Submit validation to the Commission by June 1, 2024, that it
possesses the technological capability to filter and restrict from disclosure
legally protected health information to the extent required by law.
(4) The Commission shall consider an HIE’s implementation plan
and reported progress when assessing penalties for a violation of this section.
.06 Auditing Requirements.
A. In order to ensure that only an authorized user who is
appropriately authenticated is granted access to HIE information, an HIE shall:
(1) Develop and implement protocols, methodologies, and a
monitoring approach designed to discover any unusual finding, which may be
identified within an audit of the user access logs, including conducting
ongoing electronic monitoring of user access logs and investigate any unusual
findings in accordance with this chapter[.];
(2) (text unchanged)
(3) [At least monthly, conduct] Conduct random
audits of the user access logs to identify any unusual finding; and, if the HIE
has been notified about an unusual finding or has reason to believe that
inappropriate access has occurred, [more frequently than monthly.]
conduct random audits at least every other week until the unusual finding or
inappropriate access has been mitigated;
(4) At least quarterly, conduct random audits of security
measures and any other forms of data security in place to determine if they are
still sufficient and compliant with applicable standards;
[(4)] (5) (text unchanged)
[(5)] (6) Resolve [the matter
surrounding] an unusual finding by:
(a) (text unchanged)
(b) Taking remedial action under
Regulation .07 of this chapter[.];
[(6)] (7) Report any unusual finding to each
participating organization involved in the unusual finding, as follows:
(a) If the unusual finding involves fewer than 10 patients, [in
a timely manner] within 5 business days after the unusual finding is
discovered;
(b) If the unusual finding involves between 10 and 50 patients,
within 2 business days after the unusual finding is discovered; and
(c) If the unusual finding involves more than 50 patients, within 1
business day after the unusual finding is discovered; and
[(7)] (8) Maintain an audit trail of user
access logs in a retrievable storage medium[.],
as follows:
(a) (text unchanged)
(b) The HIE shall perform periodic testing and implement
upgrades and updates to ensure that the storage medium is secure and has not
been improperly accessed.
[(b)] (c) (text unchanged)
B. When an HIE has identified a potential breach or non-HIPAA violation
[of this chapter], the HIE shall conduct an unscheduled audit within
30 days that [shall]:
(1) [Gather] Gathers relevant information to
determine if there is a violation;
(2) [Reflect] Reflects the size and scope of the
potential violation; and
(3) [Comply] Complies with Regulation .08 of this
chapter.
C. An HIE shall [conduct an annual privacy and security
audit in] at least annually enlist a qualified independent auditing
firm to audit its privacy, security, and legal compliance
in accordance with the following provisions[.]:
(1) The audit shall [be aimed at detecting patterns of
inappropriate access, use, maintenance, and disclosure of information that are
in violation of this chapter;]:
(a) Assess potential risks to protect the confidentiality,
integrity, and security of PHI;
(b) Assess operational compliance with State and federal law,
including the requirements of this chapter;
(c) Be designed to determine the adequacy of business and
technology-related controls, policies, and procedures and other safeguards
employed by third-party service organizations based on industry standards and
best practices; and
(d) Include an assessment of cybersecurity posture and
compliance with this chapter, applicable provisions in HIPAA and HITECH, and
recognized security practices by way of accreditation or certification from a
nationally recognized entity.
(2) An HIE shall develop auditing policies and procedures for
the independent auditor to conduct such an audit, which shall include, at a
minimum:
(a) The scope of the audit;
(b) A description of all third-party organizations and processes
to review and assess related privacy and security controls and audit reports;
(c) Interviews with relevant staff, including those from third-party
service organizations, as appropriate;
(d) Names and contact information of all persons responsible for
reviewing and maintaining privacy and security to include the implementation of
corrective actions to address apparent gaps; and
(e) Time frames for completing audits and related activities.
[(2)] (3) An HIE shall provide the audit
findings to the Commission in [compliance] accordance with
Regulation .09 of this chapter[; and].
[(3) At the request of the Commission, an HIE shall utilize
a qualified third party to conduct an audit on the access, use, and disclosure
of information through and the maintenance of information by the HIE.]
(4) If an audit detects unusual findings, an HIE shall
investigate and resolve the matter in accordance with this regulation.
D. Upon the request of the Commission and consistent with the
specifications in such request, an HIE shall:
(1) Provide a summary of the results of any audit that is
required by this chapter, and any [supporting documentation] corrective
action plans identified by the audit, to the Commission; and
(2) Conduct an additional unscheduled audit within 180 days of
the request and provide the results of such an audit to the Commission
within the time frame specified by the Commission.
E. If an HIE’s audit reveals information that demonstrates a pattern
of inappropriate access, use, maintenance, or disclosure of information that
constitutes a breach or non-HIPAA violation [of this chapter],
or if the health information of more than ten patients was improperly
used, accessed, maintained, or disclosed during the 12 months prior to the
audit, then:
(1) The HIE shall use the findings from the audit to:
(a) Educate and train [a] all impacted persons,
which may include its workforce, participating [organization or an]
organizations, and authorized [user] users on
proper access, use, and disclosure of information through or from the HIE[,
as appropriate; or]; and
(b) Evaluate and implement new control measures, including
policies, procedures, or technology, to ensure proper use and access of the HIE[,
as appropriate.]; and
(2) (text unchanged)
[(3) The HIE shall post a publicly available summary report
of the audit on the home page of its website within 30 days after completion of
the audit and the Commission shall also post the report on the home page of its
website.]
F. If an HIE’s audit reveals information that demonstrates a
pattern of noncompliance with State and federal law, then:
(1) The HIE shall use the findings from the audit to:
(a) Educate and train all impacted persons, which may include
its workforce, participating organizations, and authorized users on proper
access, use, and disclosure of information through or from the HIE; and
(b) Evaluate and implement new control measures, including
policies, procedures, or technology, to ensure compliance; and
(2) The HIE shall take the appropriate measures specified in the
Regulation. 07 of this chapter.
[F.] G. (text unchanged)
.07 Remedial Actions to Be Taken by an HIE.
A.—B. (text unchanged)
C. If an HIE has a reasonable belief that a breach or non-HIPAA
violation [or breach under HIPAA] has occurred, either as a
result of an investigation or otherwise, the HIE [shall carry out the
following actions. Unless another time period is set forth below, the HIE shall
act within 10 business days after acquiring the reasonable belief.]
shall:
[(1) The HIE shall determine any remedial action necessary
to address the breach or violation;
(a) The HIE may require that a remedial action include steps to
correct an underlying problem.
(b) The HIE shall provide an appropriate and reasonable time frame
for implementing the remedial action.
(2) The HIE shall provide the following to the Commission, to the
participating organization, and to each person whom the investigation indicates
may have committed a breach or violation:]
(1) For a breach, follow Regulation .08 of this chapter and
federal breach notification requirements and timelines;
(2) For non-HIPAA violations, submit a corrective action plan to
the Commission within 10 business days of conclusion of its investigation,
which shall include:
(a) Any remedial action necessary to address the breach or
violation as soon as practicable;
(b) Any steps necessary to correct the underlying problem, such
as a change in processes or procedures, new technology, and training; and
(c) An appropriate and reasonable time frame for implementing
the remedial action;
(3) Within a reasonable time frame, but in no event more than 10
business days following the investigation, provide the following to the
Commission, and to the participating organizations:
(a) A copy of the findings of the investigation, excluding any PHI
or sensitive health information;
(b)—(c) (text unchanged)
(d) The identity of the person that is responsible for
carrying out each action to mitigate harm; and
(e) Any future action that the HIE may take, including suspension of
access or progressive discipline, if [the] a person
does not comply with the remedial action[.];
[(3)] (4) [The HIE shall immediately]
Immediately suspend access [for an authorized user or
participating organization] of a person when one of the following
occurs:
(a) Available information demonstrates a significant breach by [a]
the person;
(b) Available information demonstrates a significant non-HIPAA
violation by [a] the person;
(c) Available information demonstrates a violation of State or
federal law relevant to privacy or security by [a] the
person;
(d) [A] The person has sold health information
accessed through the HIE in violation of these regulations;
(e) [A] The person has failed to carry out the
remedial actions identified by the HIE; or
(f) The Commission issues a request for suspension of [a]
the person as provided in Regulation .09 of this chapter[.];
and
[(4)] (5) [The HIE shall notify]
Notify the health care consumer pursuant to Regulation .08 of this
chapter, if such notification is required under applicable law, including
HIPAA, or if so directed by the Commission [due to the seriousness of
the non-HIPAA violation].
D.—F. (text unchanged)
.09 Registration and Enforcement.
A. To operate an HIE in the State, a person shall be recognized by
the Commission as having met requirements for registration.
(1) (text unchanged)
(2) Financial Integrity.
(a) Following review of the financial statement provided by the HIE
under [Regulation .09A(1) of this chapter,] §A(1)(b) of this regulation,
the Commission may require a bond, letter of guarantee, or other financial
instrument from the HIE, its parent company, or other responsible person.
(b)—(e) (text unchanged)
(3) (text unchanged)
B. (text unchanged)
C. The Commission may take an enforcement action against a person
[where] when there is reasonable basis to believe that the
person has violated a provision of this chapter.
(1) The Commission may conduct any investigation into a potential
violation.
(a) (text unchanged)
(b) A person shall provide information sought by Commission staff
within 10 business days of its request for such information, unless an
extension of time is sought for good cause shown and granted by the
Commission.
(2) After [needed] an investigation under
§C(1) of this regulation, the Commission staff may issue a notice of
proposed action that includes [the following]:
(a) The details regarding each violation or potential
violation;
(b) [The corrective action plan, if any, that the Commission
staff recommends, which may include any of the following:] A request
for a person to submit a corrective action plan in order to achieve compliance
with this chapter, which may include:
(i)—(ii) (text unchanged)
(c) A recommended resolution of the potential violation, which may
include:
(i)—(iii) (text unchanged)
(iv) Suspension of HIE registration or a person’s access to
information through an HIE; [or]
(v) Revocation of HIE registration or a person’s access to
information through an HIE[.];
(vi) Financial penalties in accordance with §C(3) of this
regulation; or
(vii) Referral to another State or federal agency for civil or
criminal enforcement.
(3) Civil and Criminal Penalties.
(a) Civil Penalties. A person who knowingly fails to comply with
this chapter shall be subject to a civil penalty imposed by the Commission not
exceeding $10,000 per day based on:
(i) The extent of actual or potential public harm caused by the
violation;
(ii) The cost of the investigation; and
(iii) The person’s prior record of compliance.
(b) Criminal Penalties. Beginning June 1, 2024, a person who
knowingly violates Health-General Article, §4-302.5, Annotated Code of
Maryland, shall be guilty of a misdemeanor and on conviction is subject to a
fine not to exceed $10,000 per day based on:
(i) The extent of actual or potential public harm caused by the
violation;
(ii) The cost of the investigation; and
(iii) The person’s prior record of compliance.
[(3)] (4) (text unchanged)
D.—E. (text unchanged)
F. The Commission may coordinate with the Office of Attorney
General[, Consumer Protection Division] concerning any potential
violation involving a matter within the Attorney General’s authority pursuant
to State or federal law.
G. If an HIE has
reasonably determined that it is unable to independently meet any requirements
of this chapter, then the HIE shall develop and implement policies to ensure
the HIE’s compliance through the execution of a written agreement with a
participating organization or a business associate that will bring the HIE into
compliance with this chapter. Every year as a part of the registration renewal
process, the HIE shall submit a written attestation by an independent third-party
auditor to the Commission, attesting that the HIE has been in full compliance
with the requirements of this chapter for the 12-month period prior to the
audit.
[G.] H. (text unchanged)
.10 Requirements for Accessing, Using, or Disclosing of Data
Through an HIE for Secondary Use.
A. An HIE may not use or disclose a patient’s sensitive health
information for secondary use unless permitted by applicable federal or State
laws and regulations.
[A.] B. Population [Care] Health
Management.
(1) An HIE may disclose de-identified data or a limited data set,
as defined at 45 CFR §164.514(e), to a care management organization for
purposes related to population [care] health management,
if approval is obtained from an internal review committee designated by the
care management organization, which has:
(a) (text unchanged)
(b) Attested that the request is:
(i) For population [care] health management
purposes; and
(ii) (text unchanged)
(2) An HIE may disclose individually identifiable [data]
health information to a care management organization for purposes
related to population [care] health management, if:
(a) The requirements of [§A(1)(a) and (b)] §B(1)
of this regulation are met;
(b) Appropriate notice has been provided to health care consumers
whose information is being requested, and either:
(i) (text unchanged)
(ii) An external and independent review committee has waived the
need for the requesting entity to obtain authorization from those health care
consumers who were provided appropriate notice, in accordance with Regulation [.02B(2)] .02B(3) of this
chapter; and
(c) (text unchanged)
(3) (text unchanged)
(4) An HIE may not disclose a patient’s sensitive health
information for population [care] health management
purposes unless permitted by applicable federal and State laws and regulations.
[B.] C. Research.
(1) An HIE may disclose de-identified data to a qualified research
organization for research purposes if a privacy board has evaluated and
confirmed that the:
(a) (text unchanged)
(b) Requested data to be disclosed:
(i)—(iii) (text unchanged)
(iv) Meets the de-identification standard and specifications in
accordance with [45 CFR] 45 CFR §164.514(a)—(c).
(2) An HIE may disclose individually identifiable [data]
health information to a qualified research organization for research
purposes if:
(a) (text unchanged)
(b) The IRB or privacy board has evaluated the request and
confirmed that the requirements of [§B(1)(a) and (b)(i)—(iii)] §C(1)(a)
and (b)(i)—(iii) of this regulation are met.
(3) If an IRB or privacy board does not waive or alter the requirement
of authorization from health care consumers whose individually identifiable
[data] health information is to be disclosed, an HIE may
only disclose individually identifiable [data] health
information of health care consumers who have provided authorization, which
must meet the requirements as set forth in 45 CFR §164.508.
(4) If an IRB or privacy board declines jurisdiction, then the
disclosure of individually identifiable [data] health
information may only be made if health care consumer authorization is
obtained.
(5) As part of an HIE’s data use agreement with an entity to which
it disclosed individually identifiable [data] health
information for secondary use, there [must] shall
be oversight by an IRB or privacy board for the duration of the research
use.
(6)—(8) (text unchanged)
(9) An HIE may not disclose a patient’s sensitive health
information for research [purpose] purposes unless
permitted by applicable federal or State laws and regulations.
[C.] D. Enforcement and Reporting.
(1)—(2) (text unchanged)
(3) An HIE shall report at least annually to the Commission and
more frequently, if requested by the Commission, regarding the release of
information for population [care] health management. The
Commission may:
(a) Require a care management organization to provide additional
information for review by the Commission or the Commission’s designated third
party regarding the care management organization’s use of data from an HIE for
population [care] health management;
(b)—(d) (text unchanged)
(4) (text unchanged)
.11 Requirements for Accessing, Using, or Disclosing of Data
Through an HIE in an Emergency.
A. (text unchanged)
B. If an HIE’s emergency access policy allows the disclosure of
information during an emergency, the HIE shall:
(1)—(4) (text unchanged)
(5) Maintain an audit trail of user emergency access logs in
accordance with [.06A(6)(d)] Regulation .06A(8) of this
chapter; and
(6) (text unchanged)
RANDOLPH S.
SERGENT, ESQ.
Chair
Title 13A
STATE BOARD OF EDUCATION
Notice of Proposed Action
[23-261-P]
The State Board of Education proposes to amend:
(1) Regulation .06
under COMAR 13A.15.05 Home Environment
and Equipment;
(2) Regulation .01
under COMAR 13A.15.09 Program
Requirements;
(3) Regulation .06
under COMAR 13A.15.10 Child Safety;
(4) Regulations .01 and
.04 under COMAR 13A.16.09 Program Requirements;
(5) Regulation .05
under COMAR 13A.16.10 Safety;
(6) Regulations .01 and
.04 under COMAR 13A.18.09 Program Requirements; and
(7) Regulation .05
under COMAR 13A.18.10 Safety.
This action was considered by the State Board of Education at
their meeting on September 26, 2023.
Statement of Purpose
The purpose of this action is to
ensure that early care and education programs are adhering to the latest
research on safe sleep practices.
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 Keisha Maxwell, Administrator of Policy
and Special Projects, Division of Early Childhood, Maryland State Department of
Education, 200 West Baltimore Street, Baltimore, Maryland 21201, or call
410-767-7852, or email to earlychildhoodregs.msde@maryland.gov. Comments will
be accepted through February 12, 2024. A public hearing has not been scheduled.
Open Meeting
Final action on the proposal will be considered by the State Board
of Education during a public meeting to be held on February 27, 2024, at 9
a.m., at 200 West Baltimore Street, Baltimore, MD 21201.
Subtitle 15 FAMILY CHILD CARE
13A.15.05 Home Environment and Equipment
Authority: Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312,
9.5-320, and 9.5-321; General Provisions Article, §4-333; Human Services
Article, §1-202; Annotated Code of Maryland
Agency Note: Federal Statutory Reference — Americans with Disabilities Act of
1990 (42 U.S.C. §12101 et seq.);
Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);
Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858
et seq.);
Social Security Act §418 (42 U.S.C. 618)
.06 Rest Furnishings.
A.—D. (text unchanged)
E. Each crib, portable crib, and playpen that is used for child
care shall meet the current standards of the U.S. Consumer Product
Safety Commission.
F. Each sleep surface used for a child under 12 months
old shall be firm, flat, and non-inclined, unless the need for an incline is
specified in writing by the child’s physician or other licensed health care
provider.
G. Weighted rest items, including but not limited to blankets,
sleepers, and swaddles, may not be used for a child under 12 months old.
[F.]
H.— [H.] J. (text
unchanged)
13A.15.09 Program Requirements
Authority: Family Law Article, §§5-550, 5-551, 5-557.1, and 5-560;
Human Services Article, §1-202; State Government Article, §10-617; Annotated
Code of Maryland Agency Note: Federal Statutory Reference — Americans with
Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994
(20 U.S.C. §6081 et seq.)
.01 Activities.
A. The provider shall prepare, post, and follow a written schedule
of daily activities and offer activities that:
(1) (text unchanged)
(2) Are appropriate to the age, needs, and capabilities of the
individual child based on the current recommendations of the American
Academy of Pediatrics, such as short periods of tummy time, under adult
supervision, while awake for a child under 12 months old;
(3)—(7) (text unchanged)
B. (text unchanged)
13A.15.10 Child Safety
Authority: Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312,
9.5-320, and 9.5-321; General Provisions Article, §4-333; Human Services
Article, §1-202; Annotated Code of Maryland
Agency Note: Federal Statutory Reference — Americans with Disabilities Act of
1990 (42 U.S.C. §12101 et seq.);
Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);
Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858
et seq.);
Social Security Act §418 (42 U.S.C. 618)
.06 Rest Time Safety.
A. Unless specified otherwise in writing by the child’s physician,
or other licensed health care provider, a child who:
(1)—(2) (text unchanged)
B. Unless the need for a positioning device that restricts a
child’s movement while the child is resting is specified in writing by the
child’s physician, or other licensed health care provider, an object or
device, including, but not limited to, a strap, wedge, roll, or swaddling, that
restricts movement may not be used with a child in a crib, portable crib, playpen,
cot, bed, mat, or other rest furnishing.
Subtitle 16 CHILD CARE CENTERS
13A.16.09 Program Requirements
Authority: Education Article, §§9.5-401, 9.5-404—9.5-411, and
9.5-413—9.5-418; General Provisions Article, §4-333; Human Services Article,
§1-202; Annotated Code of Maryland
Agency Note: Federal Statutory Reference — Americans with Disabilities Act of
1990 (42 U.S.C. §12101 et seq.);
Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);
Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858
et seq.);
Social Security Act §418 (42 U.S.C. 618)
.01 Schedule of Daily Activities for All Children.
A. The operator shall prepare, post, and follow a written schedule
of daily activities and offer activities that:
(1) (text unchanged)
(2) Are appropriate to the age, needs, and capabilities of the child
based on the current recommendations of the American Academy of Pediatrics,
such as short periods of tummy time, under adult supervision, while awake for a
child under 12 months old;
(3)—(7) (text unchanged)
B.—C. (text unchanged)
.04 Rest Furnishings.
A.—B. (text unchanged)
C. Each crib shall meet the current standards of the U.S.
Consumer Product Safety Commission.
D.—E. (text unchanged)
F. Each sleep surface used for a child under 12 months old shall
be firm, flat, and non-inclined, unless the need for an incline is specified in
writing by the child’s physician or other licensed health care provider.
G. Weighted rest items, including but not limited to blankets,
sleepers, and swaddles, may not be used for a child under 12 months old.
[F.] H.—[G.] I. (text
unchanged)
13A.16.10 Safety
Authority: Education Article, §§9.5-401, 9.5-404—9.5-411, and
9.5-413—9.5-418; General Provisions Article, §4-333; Human Services Article,
§1-202; Annotated Code of Maryland
Agency Note: Federal Statutory Reference — Americans with Disabilities Act of
1990 (42 U.S.C. §12101 et seq.);
Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);
Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858
et seq.);
Social Security Act §418 (42 U.S.C. 618)
.05 Rest Time Safety.
A. Unless specified otherwise in writing by the child’s physician,
or other licensed health care provider, a child who:
(1)—(2) (text unchanged)
B. Unless the need for a positioning device is specified in writing
by [a] the child’s physician, or other licensed health
care provider, a restricting device of any type, including swaddling,
may not be applied to a resting child.
Subtitle 18 LARGE FAMILY CHILD CARE HOMES
13A.18.09 Program Requirements
Authority: Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312,
9.5-320, and 9.5-321; General Provisions Article, §4-333; Human Services
Article, §1-202; Annotated Code of Maryland
Agency Note: Federal Statutory Reference — Americans with Disabilities Act of
1990 (42 U.S.C. §12101 et seq.);
Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);
Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858
et seq.);
Social Security Act §418 (42 U.S.C. 618)
.01 Schedule of Daily Activities for All Children.
A. The provider shall prepare, post, and follow a written schedule
of daily activities and offer activities that:
(1) (text unchanged)
(2) Are appropriate to the age, needs, and capabilities of the
individual child based on the current recommendations of the American
Academy of Pediatrics, such as short periods of tummy time, under adult
supervision, while awake for a child under 12 months old;
(3)—(7) (text unchanged)
B.—C. (text unchanged)
.04 Rest Furnishings.
A.—B. (text unchanged)
C. Each crib, portable crib, and playpen shall meet the current
standards of the U.S. Consumer Product Safety Commission.
D.—E. (text unchanged)
F. Each sleep surface used for a child under 12 months old shall
be firm, flat, and non-inclined, unless the need for an incline is specified in
writing by the child’s physician or other licensed health care provider.
G. Weighted rest items, including but not limited to blankets,
sleepers, and swaddles, may not be used for a child under 12 months old.
[F.] H. —[G.] I. (text
unchanged)
13A.18.10 Safety
Authority: Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312,
9.5-320, and 9.5-321; General Provisions Article, §4-333; Human Services
Article, §1-202; Annotated Code of Maryland
Agency Note: Federal Statutory Reference — Americans with Disabilities Act of
1990 (42 U.S.C. §12101 et seq.);
Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);
Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858
et seq.);
Social Security Act §418 (42 U.S.C. 618)
.05 Rest Time Safety.
A. Unless specified otherwise in writing by the child’s physician,
or other licensed health care provider, a child who:
(1)—(2) (text unchanged)
B. Unless the need for a positioning device is specified in writing
by [a] the child’s physician, or other licensed
health care provider, a restricting device of any type, including
swaddling, may not be applied to a resting child.
CAREY M. WRIGHT, Ed.D.
Interim State Superintendent of Schools
Title 26
DEPARTMENT OF THE ENVIRONMENT
Subtitle
30 MARINE CONTRACTORS LICENSING BOARD
Notice of Proposed Action
[23-239-P]
The Secretary of the Environment proposes to adopt the following
regulations under a new subtitle, Subtitle
30 Marine Contractors Licensing Board:
(1) New Regulations .01—.08
under a new chapter, COMAR 26.30.01 General Regulations;
(2) New Regulations .01—.09
under a new chapter, COMAR 26.30.02 Licensing Procedures and Fees;
(3) New Regulations .01—.03
under a new chapter, COMAR 26.30.03 Continuing Education; and
(4) New Regulations .01
and .02 under a new chapter, COMAR 26.30.04 Disciplinary
Action.
Statement of Purpose
The purpose of this action is to implement regulations to support Environment
Article, Title 17, Annotated Code of Maryland, Marine Contractors. These new
regulations in COMAR 26.30.01—04 — under new Subtitle 30 Marine Contractors
Licensing Board — will support the goals of Title 17 to protect the environment
of tidal waters of Maryland and license competent contractors to conduct marine
contracting activities to citizens, commercial enterprises, and municipalities
of Maryland.
There are currently no regulations to support Title 17 Marine
Contractors. There are currently 252 licensed contractors. There is a broad
range and scale of activities conducted by marine contractors. These vary from
planting vegetation for living shoreline erosion protection to large-scale
dredging activities, from constructing a pier for a home to constructing a
large commercial marina.
Environment Article, §17-305, Annotated Code of Maryland,
Issuance, Categories, and Contents of Licenses, effective October 1, 2020,
provided that the Board, by regulation, may establish license categories that
specify the marine contractor services each license authorizes a licensee to
perform. A key element of these regulations is a tiered system of licenses.
Proposed are four tiers or categories of marine contractor licenses.
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed action will be
an economic benefit. Establishing the license categories in these regulations,
such as the Limited Marine Construction category, will provide economic and
employment opportunities for contractors who can demonstrate they have
selective and/or specialty skills. Contractors who can document experience, for
example in a marine contractor activity such as installing boat lifts or
wetland grass planting, will be able to apply for a Limited Marine Contractor
License. If licensed, they can then provide their specific/standalone marine
contracting services to the public.
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:
|
|
|
|
Marine contractors
|
(+)
|
Moderate
|
|
E. On other industries or
trade groups:
|
NONE
|
|
|
F. Direct and indirect
effects on public:
|
|
|
|
Shoreline property owners
|
(+)
|
Minimal
to Moderate
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
D. Establishing the license categories in these regulations, such
as the Limited Marine Construction category, will provide economic and
employment opportunities for contractors who can demonstrate they have
selective and/or specialty skills. Contractors who can document experience, for
example in marine contractor activities such as installing boat lifts or
wetland grass planting, will be able to apply for a Limited Marine Contractor
License. If licensed, they can then provide their specific/standalone marine
contracting services to the public and have gainful employment.
F. The public will have greater assurance that an individual who
is performing a marine contractor specialty has the requisite experience. In
addition, the limited license may foster qualified specialty competition that
could benefit the consumer.
Economic Impact on Small Businesses
The proposed action has a meaningful economic impact on small
businesses. An analysis of this economic impact follows:
The proposed action has a positive economic impact to contractors
with specific or standalone marine contracting experience in certain activities
that in the past would not allow them to be licensed. License fees are set
under requirements of Title 17 Marine Contractors. Specifically, Environment
Article, §17-206(a)(1), Annotated Code of Maryland, states that the “Board
shall set reasonable fees for the issuance and renewal of licenses and other
services that the Board provides.” In addition, Environment Article,
§17-206(a)(2), Annotated Code of Maryland, states that the “fees imposed by the
Board shall be set so as to produce funds to approximate the costs of maintaining
the Board.” The current fees are $600 for a 2-year license, and the costs of
processing a new applicant is $75, if that applicant is approved for taking the
Marine Contracting Licensing Exam. Specific fees or fee structures are not
proposed in these regulations.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to Mike Eisner, Administrator, Marine
Contractors Licensing Board, Maryland Department of the Environment, 1800
Washington Blvd., Baltimore, MD 21230, or call 410-537-3249, or email to
mike.eisner@maryland.gov. Comments will be accepted through February 12, 2024.
A public hearing has not been scheduled.
26.30.01 General Regulations
Authority: Environment
Article, Title 17, Subtitles 1—5, Annotated Code of Maryland
.01 Definitions.
A. In this subtitle, the following terms have the meanings
indicated.
B. Terms Defined.
(1) “Approved continuing education” means courses of study or
programs of instruction in an area of marine construction and related subjects
that are designed to improve, advance, or extend professional skill and
knowledge relating to the practices of a marine contractor and that are
approved by the Board in accordance with the requirements of this subtitle.
(2) “Board” means the Marine Contractors Licensing Board.
(3) “Credit hour” means the amount of time, usually 1 hour per
50 minutes of instruction, that is accredited by the Board or the institution
sponsoring the continuing education.
(4) “Entity” means a business with its principal office in the
State that employs more than one individual and provides marine contractor
services in the State.
(5) “Gross negligence” means an intentional failure of a
licensee or applicant for a license to perform an action or inaction as
expected by the profession under the same circumstances, in reckless disregard
of the consequences as affecting the life or property of another.
(6) “Hours of approved continuing education” means the value
given by the Board for participation in continuing education.
(7) “Incompetence” means an action or inaction by a licensee or
an applicant for a license which demonstrates a general lack of knowledge or
ability to perform marine contractor services.
(8) “License” means a professional license issued by the Board
under this subtitle to an individual or entity to perform marine contractor
services in the State.
(9) “License renewal period” means the 24-month period
immediately preceding the expiration date of the license.
(10) “Licensed marine contractor” means an individual or entity
that has received a license from the Board to perform marine contractor
services.
(11) “Licensee” means licensed marine contractor.
(12) Marine Contractor Services.
(a) “Marine contractor services” means construction, demolition,
installation, alteration, repair, or salvage activities located in, on, or
under State or private tidal wetlands.
(b) “Marine contractor services” includes:
(i) Dredging and filling;
(ii) The construction, demolition, installation, alteration,
repair, or salvage of structures, including boathouses, boat or other personal
watercraft lifts or ramps, slips, docks, floating platforms, moorings, piers,
pier access structures, pilings, wetland observation platforms, wetland
walkways, and wharfs;
(iii) The construction, demolition, installation, alteration,
repair, or salvage of stabilization and erosion control measures, including
revetments, breakwaters, bulkheads, groins, jetties, stone sills, marsh
establishments, and beach nourishment or other similar projects; and
(iv) Activities that require authorization under Environment
Article, Title 16, Annotated Code of Maryland.
(13) “Misconduct” means an action or inaction by a licensee or
an applicant for a license that is deficient from the action or inaction
expected by the profession under the same circumstances.
(14) “Representative member” means the individual member of an
entity appointed for the purposes of submitting an application for a license on
behalf of the entity.
(15) “Similar contractor experience” means construction,
demolition, installation, alteration, repair, or salvage activities located
above the mean hide tide and requiring authorization from the Department, in
accordance with Environment Article, Title 5, Subtitles 5 and 9, Annotated Code
of Maryland.
(16) Solicit to Perform.
(a) “Solicit to perform” means to try to obtain either directly
or indirectly a job from a customer or potential customer to perform marine
contractor services.
(b) “Solicit to perform” does not include responding to a
request for a proposal or a bid solicitation issued by an agency of the
federal, State, or local government or a general contractor.
.02 License Required; Exceptions.
A. Except as provided in §B of this regulation, a person shall
be licensed by the Board as a marine contractor or be employed by an individual
or entity that is licensed by the Board before the individual or entity may:
(1) Perform marine contractor services in the State; or
(2) Solicit to perform marine contractor services in the State.
B. Exceptions.
(1) An individual who is employed by an agency of the federal
government or the State may perform marine contractor services while in the
performance of the duties of their employment without having to obtain a
license from the Board.
(2) A residential or commercial property owner may perform
marine contractor services on the property owner’s own property without having
to obtain a license from the Board.
(3) An individual who performs marine contractor services while
in the performance of the duties of their employment on behalf of a county or
municipality in the State is not required to pay a fee for the issuance or
renewal of a license or a test administered by the Board.
(4) An individual who performs marine contractor services while
in the performance of the duties of their employment on behalf of a county or
municipality in the State may do so without having to obtain a license from the
Board if the individual is performing marine contractor services that:
(a) Would present a de minimis risk to human health or the
environment;
(b) Do not require a federal or State permit; and
(c) If the marine contract services involve an existing
structure, except a shore erosion control structure, do not increase the
footprint of the structure.
.03 Qualifications and Licensure.
A. The Board may not issue a license to an applicant whose trade
or fictitious name or trademark is so similar to that used by another licensed
marine contractor that the public may be confused or misled by the similarity.
B. Except as provided in §A of this regulation, the Board shall
license an applicant if the applicant:
(1) Submits an application for a license on the form required by
the Board;
(2) Is eligible to take the examination as provided in §D of
this regulation;
(3) Takes and passes the written marine contractor examination
for the appropriate license category, as recognized by the Board;
(4) Provides the Board with satisfactory evidence that the
liability insurance and workers’ compensation insurance requirements of COMAR
26.28.02.01B have been satisfied;
(5) Has a federal tax identification number;
(6) If applicable, submits satisfactory evidence of the
resolution of any acts which may subject the applicant to disciplinary action
under COMAR 26.28.04; and
(7) Pays the required license issuance fee.
C. Either an individual or an entity may apply for a license.
D. An applicant is eligible to take the examination if the
applicant has at least 2 years of approved experience as a full-time marine
contractor or demonstrates similar contractor experience as documented in the
application and accepted by the Board. An applicant shall demonstrate the
necessary experience in marine contractor services relevant to and included in
the license category for which they are applying, in accordance with COMAR
26.28.01.05.
E. If the applicant is an entity, the entity shall appoint a
member of the entity as the representative member to make the application and
take the examination on behalf of the entity.
.04 Scope of License to Entity.
While a license to an entity
is in effect, a licensed entity may:
A. Employ individuals who are not licensed marine contractors to
provide marine contractor services to the public on behalf of the licensed
marine contractor entity; and
B. Represent itself to the public as a licensed marine
contractor entity.
.05 License Categories.
A. General.
(1) A license issued by the Board only authorizes the
performance or solicitation of marine contractor services as described by the
applicable license category.
(2) Any licensed marine contractor that performs, or solicits to
perform, marine contractor services outside the scope of their applicable
license category shall be considered to be performing marine contractor without
a license, and subject to disciplinary action by the Board, pursuant to COMAR
26.28.04.01A.
B. License Categories.
(1) Category 1: Heavy Marine Construction. This license category
is suitable for contractors who perform, or solicit to perform, the following
marine contractor services:
(a) Bridges and highways, large scale commercial development,
commercial dredging, cargo and naval wharfs, beach renourishment, heavy salvage,
and any other large scale marine services, as approved by the Board.
(b) Marine contractors licensed under Category 1 may also
perform any of the marine contractor services authorized under Categories 2, 3,
and 4 of this section.
(2) Category 2: Residential and Commercial Marine Construction.
This license category is suitable for contractors who perform, or solicit to
perform, the following marine contractor services:
(a) Piers, docks, wharfs, marinas, boathouses, pile driving,
moorings, boat lifts, floating docks, riprap revetments, bulkheads, weirs,
seawalls, boat ramps, living shorelines, beach nourishment, dunes, dredging,
salvage, and any other medium to small scale marine contractor services, as
approved by the Board.
(b) Marine contractors licensed under Category 2 may also
perform any of the marine contractor services authorized under Categories 3 and
4 of this section.
(3) Category 3: Limited Marine Construction. This license
category is suitable for contractors who only perform, or solicit to perform, a
limited subset of the marine contractor services listed in Category 2. A
Category 3 License only authorizes the specific marine contractor services
identified in the license, as issued by the Board.
(4) Category 4: Incidental Marine Construction. This license
category is suitable for contractors who perform, or solicit to perform, the
following marine contractor services: directional boring, aquaculture,
submerged aquatic vegetation and wetland grass planting, and any other related
marine contractor services, as approved by the Board.
.06 Duration of License.
A. A license is valid for 2 years from the date of issuance.
B. A license is invalid after the expiration date of the current
license, if not renewed in accordance with the requirements of COMAR
26.28.02.06.
C. An expired license may not be reinstated, and the former
licensee shall meet the qualifications for a new license as described in
Regulation .03 of this chapter.
.07 Identification of Licensed Marine Contractor.
A. The Board shall provide each licensed marine contractor with
a license that includes the:
(1) License category;
(2) Name of the licensed marine contractor;
(3) License number;
(4) Address of the principal office and each branch office, if
the licensee is an entity;
(5) Issuance date of the license;
(6) Expiration date of the license; and
(7) Representative member, if the licensee is an entity.
B. License Number.
(1) A licensed marine
contractor shall include the license number:
(a) In all advertising
related to the provision of marine contractor services; and
(b) On all large equipment
used in the course of the licensee’s work as a marine contractor.
(2) The license number shall be set out in at least 3-inch block
lettering.
.08 Other Authorizations Required.
A license under this subtitle
does not allow a licensed marine contractor to perform any work in, on, or
under State or private tidal wetlands for which all required authorizations
have not been obtained, including authorization under Environment Article, Title
16, Annotated Code of Maryland.
26.30.02 Licensing Procedures and Fees
Authority: Environment
Article, Title 17, Subtitles 1—5, Annotated Code of Maryland
.01 Application Procedures.
A. An application for a license shall be:
(1) Made on the form provided by the Board; and
(2) Completed fully and signed under oath by the individual
applicant or representative member, if the applicant is an entity.
B. In addition to satisfying the requirements of §A of this
regulation, each application shall be accompanied by supporting documentation,
including:
(1) Whatever evidence the Board deems necessary to establish
professional qualifications and experience; and
(2) Certificates of insurance verifying that the applicant
carries:
(a) Commercial general liability insurance with a $300,000 total
aggregate minimum; and
(b) Workers’ compensation insurance, unless exempt by law.
.02 Application Form.
A. For all applicants, the application form shall require:
(1) The name of the applicant;
(2) The license category being applied for;
(3) The address of the applicant’s principal place of business
and each branch office;
(4) Current and previous employment of the individual applicant
or representative member, if the applicant is an entity, relevant to the field
of marine contracting;
(5) All trade or fictitious names the applicant intends to use
while performing marine contractor services; and
(6) A federal tax identification number.
B. For entity applicants, in addition to the requirements in §A
of this regulation, the application form shall require:
(1) A list of the entity’s owners, members, or partners;
(2) A designated representative member for the purpose of the
application and examination; and
(3) Verification that the representative member is a member of
or employed by the entity.
.03 Incomplete Application.
A. An application is not complete until all required application
documents, including the fee and supporting documentation, have been received
by the Board.
B. The Board may return an application to the applicant with a
statement of the reason for rejection if the Board determines that the
application does not contain:
(1) The name and address for each individual applicant or entity
owner;
(2) The current and previous employment of the applicant
relevant to the field of marine contracting;
(3) The address of the applicant’s proposed principal place of
business and each proposed branch office;
(4) All trade or fictitious names that the applicant intends to
use while performing marine contractor services; or
(5) The application fee.
C. The Board shall withhold final consideration of the
application until the application is complete. If all requested supporting
documents are not received within 90 days of receipt of the application, the
Board shall notify the applicant of the missing documents.
D. Applications for a license shall be held for 1 year from the
date of the initial receipt, after which time the application will be
terminated and the application fee forfeited.
.04 Action on an Application.
A. Except as provided in Regulation .03 of this chapter, the
Board shall review all applications within 60 days of receipt of the completed
application.
B. Action on an application includes one of the following:
(1) Return of the application if the Board determines that it is
incomplete;
(2) Approval of the applicant for examination for the
appropriate category, as determined by the Board; or
(3) Denial of the application for a license.
C. Notification. The Board shall give written notification to an
applicant of any action taken by the Board on the applicant’s application.
D. Denial of Application for License.
(1) The Board may deny an application for a license if the Board
determines that the applicant has:
(a) Failed to demonstrate that the applicant is eligible for
examination under COMAR 26.28.01.03; or
(b) Committed any act that would be a basis for disciplinary
action under COMAR 26.28.04.01.
(2) The Board shall notify an applicant of the basis for the
denial by first-class mail.
E. Reconsideration and Appeal of Application Denial.
(1) An applicant may appeal the denial of the application under
§D of this regulation by notifying the Board in writing by certified mail
within 30 days of receipt of the Board’s decision.
(2) In the case of a denial under §D(1)(a) of this regulation,
an applicant may appeal the denial of the Board in writing by certified mail
within 30 days of receipt of the Board’s decision by:
(a) Submitting new or additional evidence to clarify or amplify
the applicant’s qualifications; or
(b) Requesting an informal meeting with the Board.
(3) In the case of a denial under §D(1)(b) of this regulation,
the applicant may appeal the denial by requesting a hearing in accordance with
the procedures outlined in COMAR 26.28.04.
.05 Examination.
A. The Board shall notify the applicant of the applicant’s
eligibility to take an examination for the appropriate license category at
least 30 days before the next scheduled examination.
B. The Board shall offer a written examination at least three
times a year.
C. The times and places within the State for the written
examination shall be announced by the Board.
D. The passing score for the examination is 70 percent.
E. Except as provided in §F of this regulation, an applicant who
fails the examination may apply for reexamination by submitting the examination
fee.
F. An applicant who has failed the examination three times may
be required to appear in person before the Board and satisfy any additional
requirements approved by the Board before reexamination.
.06 License Issuance Fee.
A. After an applicant passes the examination, the applicant
shall pay the license issuance fee as determined by the Board.
B. Within 30 days of the receipt of the license issuance fee,
the Board shall issue the license.
.07 License Renewal.
A. At least 2 months before a license expires, the Board shall
send to the licensed marine contractor by first-class mail or electronically:
(1) A renewal application; and
(2) A notice that states:
(a) The date on which the current license expires;
(b) The date by which the Board must receive the renewal
application for the renewal to be issued and mailed before the license expires;
and
(c) The amount of the license renewal fee.
B. Failure to notify the licensed marine contractor does not
relieve the licensee of the licensee’s obligation to renew the license, nor
does it affect the expiration of the license.
C. A license may be renewed for a 2-year period by the Board if
the licensed marine contractor has:
(1) Submitted an application for renewal before expiration date
of the license;
(2) Paid the license renewal fee established by Regulation .09
of this chapter;
(3) Completed the necessary continuing education as required by
COMAR 26.28.03 and submitted satisfactory evidence of compliance with the
continuing education requirements;
(4) Submitted satisfactory evidence of compliance with the
insurance requirements as required by COMAR 26.28.02.01; and
(5) If applicable, submitted satisfactory evidence of the
resolution of any license violations, suspensions, denials, revocations, or
other Board actions taken under this subtitle.
.08 Keeping Information Current; Change of Representative
Member.
A. A licensed marine contractor shall keep its contact
information current with the Board.
B. Within 5 business days after any change of contact
information, a licensed marine contractor shall submit to the Board written
notice of:
(1) Any change in the address or telephone number of an existing
office or principal place of business; and
(2) If the licensee is an entity, the addition of a branch
office.
C. A licensed entity shall keep current with the Board the
identity of the person designated as the representative member.
D. Within 5 business days after the change, a licensed entity
shall submit to the Board a written request to designate a new representative
member, which shall include:
(1) The name of the newly designated representative member;
(2) Verification that the newly designated representative member
is a member of, or employed by, the entity; and
(3) The qualifications of the newly designated representative
member, as required under COMAR 26.28.01.03D.
E. If the Board determines that a newly designated
representative member is eligible to take the examination, the representative
member shall take the examination on the next date on which the examination is
scheduled.
.09 License Replacement or Modification.
A. A licensed marine contractor may obtain a duplicate license
to replace a license that has been lost, destroyed, or mutilated if the
licensee:
(1) Makes a written request to the Board, and
(2) Pays the license replacement fee to the Board.
B. A licensed marine contractor may obtain a license
modification, if the licensee:
(1) Makes a written request to the Board, stating the reason for
the request;
(2) Provides the new or changed information to the Board, for
example, an address change or, if the licensee is an entity, a name change; and
(3) Pays the license modification fee to the Board.
26.30.03 Continuing Education
Authority: Environment Article,
Title 17, Subtitles 1—5, Annotated Code of Maryland
.01 General.
A. In order to renew a license, a licensed marine contractor
shall submit to the Board satisfactory proof of the completion of at least 12
credit hours of approved continuing education.
.02 Approval of Continuing Education.
A. Approved continuing education shall be designed to improve,
advance, or extend the licensee’s professional skill and knowledge relating to
the provision of marine contractor services.
B. The Board shall approve courses for purposes of satisfying
the continuing education requirements in Regulation .01 of this chapter, based
on the following:
(1) Course objectives;
(2) Course outline;
(3) Training material;
(4) Instructor credentials;
(5) Student evaluation methods and criteria; and
(6) Relevance to the applicable license category.
C. Approved continuing education may consist of participation in
any of the following, provided there is satisfactory proof of completion
acceptable to the Board:
(1) College-level or postgraduate course work given by an
accredited college or university;
(2) Courses, seminars, workshops, or lectures;
(3) Extension studies and correspondence courses;
(4) Papers published in professional journals and requiring peer
review;
(5) Instruction of approved continuing education courses; or
(6) Other continuing education acceptable to the Board.
D. The Board shall maintain a current list of all continuing
education that has been approved by the Board.
E. The Board shall determine the credit hours of approved
continuing education as follows:
(1) Credits shall be approved in not less than ½ hour
increments;
(2) Credits shall be approved on an hour-for-hour basis for
attendance at an approved continuing education program; and
(3) Credits are approved on a two-for-one hour basis for the
instructor of an approved continuing education program.
F. The sponsor of a continuing education course or a licensed
marine contractor may request that the Board approve a course by submitting a
request for approval on a form provided by the Board.
.03 Proof of Continuing Education.
A. Approved continuing education obtained within the appropriate
license renewal period shall be credited as provided under Regulation .02E of
this chapter.
B. Each licensed marine contractor is responsible for the
submission of proof of all approved continuing education to the Board.
C. Proof of continuing education consists of:
(1) Official transcripts from the educational institution;
(2) A certificate or other documentation signed by the
instructor or sponsor of the continuing education, attesting to the
satisfactory completion of the continuing education; or
(3) Other documentation determined by the Board to be adequate,
in light of the nature of the continuing education, to establish that the
continuing education was actually received by the licensed marine contractor.
26.30.04 Disciplinary Action
Authority: Environment
Article, Title 17, Subtitles 1—5, Annotated Code of Maryland
.01 Denials, Reprimands, Suspensions, and Revocations.
A. Subject to the hearing provisions of Regulation .02 of this
chapter, the Board may deny, refuse to renew, suspend, or revoke a license if
the applicant or licensed marine contractor:
(1) Performs or solicits to perform marine contractor services without
a license;
(2) Unless authorized to perform marine contractor services
under this title, represents to the public by title, by description of
services, methods, or procedures, or otherwise that the individual or entity is
authorized to perform marine contractor services in the State;
(3) Violates a provision of Environment Article, Title 17,
Annotated Code of Maryland, or a regulation under this subtitle;
(4) Fraudulently or deceptively obtains or attempts to obtain a
license for the licensed marine contractor or for another individual or entity;
(5) Fraudulently or deceptively uses a license;
(6) Commits any gross negligence, incompetence, or misconduct
while practicing marine contractor services;
(7) Fails to comply with the terms of a tidal wetlands
authorization issued under Environment Article, §16-202 or 16-307, Annotated
Code of Maryland;
(8) Violates any provision of, or regulations adopted under,
Environment Article, §16-202 or 16-307, Annotated Code of Maryland; or
(9) In the Chesapeake and Atlantic Coastal Bays Critical Area,
as defined under Natural Resources Article, §8-1802, Annotated Code of
Maryland, fails to comply with:
(a) The terms of a State or local permit, license, or approval;
or
(b) Any State or local law, an approved plan, or other legal
requirement.
B. For the purpose of this regulation, an act or omission of any
principal, agent, or employee of an applicant or licensed marine contractor may
be construed to be the act or omission of the applicant or licensed marine
contractor, as well as of the principal, agent, or employee.
.02 Procedures for Disciplinary Action.
A. Before taking any action pursuant to Regulation .01 of this
chapter or COMAR 26.28.02.04C(2), the Board shall refer a proposed decision to
the Secretary, or their designee, for final approval pursuant to State
Government Article, §8-205.1, Annotated Code of Maryland. Once a final decision
has been made by the Secretary, or their designee, the Board shall give the
applicant or licensed marine contractor against whom the action is contemplated
notice and the opportunity for contested case hearing.
B. At least 30 days before the hearing, the hearing notice shall
be:
(1) Served personally; or
(2) Sent by certified mail, return receipt requested, bearing a
postmark from the United States Postal Service, to the last known address of
the individual or entity.
C. The notice of hearing and hearing shall conform to the
provisions of the Administrative Procedures Act, State Government Article,
Title 10, Subtitle 2, Annotated Code of Maryland.
D. If, after due notice, the individual or entity against whom
the action is contemplated fails or refuses to appear, the Board nevertheless
may hear and determine the matter.
E. A person aggrieved by a final decision of the Board is entitled
to judicial review in accordance with State Government Article, §§10-222 and
10-223, Annotated Code of Maryland.
SERENA McILWAIN
Secretary of the Environment
Errata
COMAR 35.03.01.05
At 50:25 Md. R. 1115 (December 15, 2023), column 2, line 11 from
the bottom:
For: member is a
one-time benefit. Disinterment or reinternment
in a State
Read: member is a
one-time benefit. Disinterment or reinterment
in a State
At 50:25 Md. R. 1115 (December 15, 2023), column 2, line 6 from
the bottom:
For: death
equivalent to the date of disinterment or
reinternment of the
Read: death
equivalent to the date of disinterment or
reinterment of the
[24-01-14]
Special Documents
DEPARTMENT OF THE ENVIRONMENT
SUSQUEHANNA RIVER BASIN
COMMISSION
Projects Approved
for Consumptive Uses of Water
AGENCY: Susquehanna
River Basin Commission.
ACTION: Notice.
SUMMARY: This notice
lists Approvals by Rule for projects by the Susquehanna River Basin Commission
during the period set forth in DATES.
DATES: November 1-30,
2023.
ADDRESSES:
Susquehanna River Basin Commission, 4423 North Front Street, Harrisburg,
PA 17110-1788.
FOR FURTHER INFORMATION CONTACT: Jason E. Oyler, General Counsel and Secretary
to the Commission, telephone: (717)
238-0423, ext. 1312; fax: (717)
238-2436; e-mail: joyler@srbc.gov. Regular mail inquiries may be sent to
the above address.
SUPPLEMENTARY INFORMATION: This notice lists the projects,
described below, receiving approval for the consumptive use of water pursuant
to the Commission’s approval by rule process set forth in 18 CFR §806.22 (f)
for the time period specified above.
Water Source Approval — Issued Under 18 CFR §806.22(f ):
RENEWAL - BKV
Operating, LLC; Pad ID: Reimiller 1; ABR-201110001.R2; Meshoppen Township,
Wyoming County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date:
November 6, 2023.
RENEWAL -
Blackhill Energy LLC; Pad ID: WALLACE Pad; ABR-201110032.R2; Smithfield
Township, Bradford County, Pa.; Consumptive Use of Up to 4.9990 mgd;
Approval Date: November 6, 2023.
RENEWAL -
Chesapeake Appalachia, L.L.C.; Pad ID: Alkan; ABR-201110021.R2; Wilmot
Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd;
Approval Date: November 6, 2023.
RENEWAL -
Chesapeake Appalachia, L.L.C.; Pad ID: Cook; ABR-201111001.R2; Rush Township,
Susquehanna County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval
Date: November 6, 2023.
RENEWAL -
Inflection Energy (PA) LLC; Pad ID: Hillegas Well Pad; ABR-201308017.R2; Upper
Fairfield Township, Lycoming County, Pa.; Consumptive Use of Up to
4.0000 mgd; Approval Date: November 6, 2023.
RENEWAL -
Chesapeake Appalachia, L.L.C.; Pad ID: Knapp; ABR-201111003.R2; Burlington
Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd;
Approval Date: November 13, 2023.
RENEWAL -
Coterra Energy Inc.; Pad ID: FoltzJ P1; ABR-201311002.R2; Brooklyn Township,
Susquehanna County, Pa.; Consumptive Use of Up to 4.2500 mgd; Approval
Date: November 13, 2023.
RENEWAL - Range
Resources - Appalachia, LLC; Pad ID: Sechrist, Mark -#1H-#3H; ABR-201111005.R2;
Anthony Township, Lycoming County, Pa.; Consumptive Use of Up to
4.0000 mgd; Approval Date: November 13, 2023.
RENEWAL - Chesapeake
Appalachia, L.L.C.; Pad ID: BIM; ABR-201311006.R2; Wilmot Township, Bradford
County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date:
November 17, 2023.
RENEWAL -
Chesapeake Appalachia, L.L.C.; Pad ID: Coyle; ABR-201111009.R2; Albany Township,
Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date:
November 17, 2023.
RENEWAL -
Chesapeake Appalachia, L.L.C.; Pad ID: Krise; ABR-201111022.R2; Leroy Township,
Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date:
November 17, 2023.
RENEWAL -
Chesapeake Appalachia, L.L.C.; Pad ID: Lines; ABR-201111017.R2; Monroe
Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd;
Approval Date: November 17, 2023.
RENEWAL -
Chesapeake Appalachia, L.L.C.; Pad ID: Madigan Farms A Drilling Pad #1;
ABR-201111016.R2; Burlington Township, Bradford County, Pa.; Consumptive Use of
Up to 7.5000 mgd; Approval Date: November 17, 2023.
RENEWAL -
Chesapeake Appalachia, L.L.C.; Pad ID: Richard; ABR-201111010.R2; Rush Township,
Susquehanna County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval
Date: November 17, 2023.
RENEWAL -
Chesapeake Appalachia, L.L.C.; Pad ID: Robbins; ABR-201111018.R2; Ulster
Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd;
Approval Date: November 17, 2023.
RENEWAL -
Chesapeake Appalachia, L.L.C.; Pad ID: Williamson; ABR-201111019.R2; Smithfield
Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd;
Approval Date: November 17, 2023.
RENEWAL -
Coterra Energy Inc.; Pad ID: AckerC P1; ABR-201311004.R2; Bridgewater Township,
Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval
Date: November 17, 2023.
RENEWAL -
Repsol Oil & Gas USA, LLC; Pad ID: DCNR 594 (02-201); ABR-201811001.R1;
Liberty Township, Tioga County, Pa.; Consumptive Use of Up to 6.0000 mgd;
Approval Date: November 17, 2023.
RENEWAL -
Blackhill Energy LLC; Pad ID: ASHBY Pad; ABR-201110031.R2; Athens Township,
Bradford County, Pa.; Consumptive Use of Up to 4.9990 mgd; Approval Date: November 22,
2023.
RENEWAL -
Chesapeake Appalachia, L.L.C.; Pad ID: Kupscznk B Drilling Pad;
ABR-201311007.R2; Springville Township, Susquehanna County, Pa.; Consumptive
Use of Up to 7.5000 mgd; Approval Date: November 22, 2023.
RENEWAL -
Chesapeake Appalachia, L.L.C.; Pad ID: Loch Drilling Pad; ABR-201311001.R2;
Nicholson Township, Wyoming County, Pa.; Consumptive Use of Up to
7.5000 mgd; Approval Date: November 22, 2023.
RENEWAL -
Coterra Energy Inc.; Pad ID: AndersonR P1; ABR-201311009.R2; Auburn Township,
Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval
Date: November 22, 2023.
RENEWAL - EQT
ARO LLC; Pad ID: Terry D. Litzelman Pad A; ABR-201211005.R2; Cogan House
Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval
Date: November 22, 2023.
RENEWAL -
Repsol Oil & Gas USA, LLC; Pad ID: CLDC (02 177); ABR-201811002.R1; Ward
Township, Tioga County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval
Date: November 22, 2023.
RENEWAL -
Chesapeake Appalachia, L.L.C.; Pad ID: Bodolus; ABR-201111028.R2; Litchfield
Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd;
Approval Date: November 26, 2023.
RENEWAL -
Chesapeake Appalachia, L.L.C.; Pad ID: Garrison West Drilling Pad;
ABR-201311010.R2; Lemon Township, Wyoming County, Pa.; Consumptive Use of Up to
7.5000 mgd; Approval Date: November 26, 2023.
RENEWAL -
Chesapeake Appalachia, L.L.C.; Pad ID: Gregerson; ABR-201111025.R2; Auburn
Township, Susquehanna County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval
Date: November 26, 2023.
RENEWAL -
Chesapeake Appalachia, L.L.C.; Pad ID: Pond Family; ABR-201811004.R1; Colley
Township, Sullivan County; and Wilmot Township, Bradford County, Pa.;
Consumptive Use of Up to 7.5000 mgd; Approval Date: November 26, 2023.
RENEWAL -
Chesapeake Appalachia, L.L.C.; Pad ID: Kupetsky; ABR-201211010.R2; Nicholson
Township, Wyoming County, Pa.; Consumptive Use of Up to 7.5000 mgd;
Approval Date: November 29, 2023.
RENEWAL -
Chesapeake Appalachia, L.L.C.; Pad ID: Kupscznk D Drilling Pad;
ABR-201311003.R2; Springville Township, Susquehanna County, Pa.; Consumptive
Use of Up to 7.5000 mgd; Approval Date: November 29, 2023.
RENEWAL -
Chesapeake Appalachia, L.L.C.; Pad ID: Nelson Drilling Pad #1;
ABR-201111031.R2; Forks Township, Sullivan County, Pa.; Consumptive Use of Up
to 7.5000 mgd; Approval Date: November 29, 2023.
RENEWAL -
Coterra Energy Inc.; Pad ID: PowersM P1; ABR-201811003.R1; Auburn Township,
Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval
Date: November 29, 2023.
AUTHORITY: Public Law 91-575, 84 Stat. 1509 et seq., 18 CFR
parts 806 and 808.
DATED: December 8, 2023
JASON E. OYLER
General Counsel and Secretary to the Commission
[24-01-07]
SUSQUEHANNA RIVER BASIN COMMISSION
Projects Approved
for Minor Modifications
AGENCY: Susquehanna
River Basin Commission.
ACTION: Notice.
SUMMARY: This notice
lists the minor modifications approved for a previously approved project by the
Susquehanna River Basin Commission during the period set forth in DATES.
DATES: August 1, 2023 – November 30,2023
ADDRESSES:
Susquehanna River Basin Commission, 4423 North Front Street, Harrisburg,
PA 17110-1788.
FOR FURTHER INFORMATION CONTACT: Jason E. Oyler, General Counsel and Secretary
to the Commission, telephone: (717) 238-0423, ext. 1312; fax (717) 238-2436;
e-mail: joyler@srbc.net. Regular mail inquiries may be sent to the
above address.
SUPPLEMENTARY INFORMATION:
This notice lists previously approved projects, receiving approval of
minor modifications, described below, pursuant to 18 CFR § 806.18 or to
Commission Resolution Nos. 2013-11 and 2015-06 for the time period specified
above.
Coal Mountain Development
and Recreation LLC – Eagles Ridge Golf Course, Docket No. 20230605,
Ferguson Township, Clearfield County, Pa.; correction to Special Condition
17(b); Correction Issue Date:
August 25, 2023.
Lancaster
County Solid Waste Management Authority – Frey Farm Landfill, Docket
No. 20230920, Manor Township, Lancaster County, Pa.; modification to add
INASHCO Well MW-2 as an additional source of consumptive use; Approval
Date: November 1, 2023.
AUTHORITY: Public Law 91-575, 84 Stat. 1509 et seq., 18 CFR parts
806 and 808.
DATED: December 8, 2023.
JASON E. OYLER
General Counsel and Secretary to the Commission
[24-01-10]
General Notices
Notice
of ADA Compliance
The State of Maryland is committed to
ensuring that individuals with disabilities are able to fully participate in
public meetings. Anyone planning to
attend a meeting announced below who wishes to receive auxiliary aids,
services, or accommodations is invited to contact the agency representative at
least 48 hours in advance, at the telephone number listed in the notice or
through Maryland Relay.
STATE
COLLECTION AGENCY LICENSING BOARD
Subject: Public Meeting
Date and
Time: February
13, 2024, 2 — 3 p.m.; Thereafter the
public meetings will take place the second Tuesday of every month, accessed via
the Google Meet information below.
Place: Via
Google Meet — please see details below.
Add’l. Info:
Video call
link:
https://meet.google.com/ahz-mgnk-jsu
Or dial: (US) +1 530-738-1353;
PIN: 815 799 863#
If necessary, the Board will convene in a closed session to seek
the advice of counsel or review confidential materials, pursuant to General
Provisions Article, §3-305, Maryland Annotated Code.
Contact: Ayanna Daugherty 410-230-6019
[24-01-05]
MARYLAND
DEPARTMENT OF HEALTH
Subject: Public Hearing
Date and
Time: January
22, 2024, 1 — 3 p.m.; Additional Date:
February 5, 2024, 10:30 —11:30 a.m.
Place: Virtual:
1st hearing:
https://attendee.gotowebinar.com/register/4637811950049413206
2nd hearing:
https://attendee.gotowebinar.com/register/330448759780462426,
MD
Add’l. Info:
GENERAL
NOTICE — §1115 WAIVER AMENDMENT
The Maryland Department of Health (MDH) is proposing an amendment to its
§1115 demonstration waiver known as HealthChoice, which the Centers for
Medicare and Medicaid Services (CMS) has authorized through December 31, 2026.
HealthChoice, first implemented in 1997 under the authority of §1115 of the
Social Security Act, is Maryland’s Statewide mandatory managed care program for
Medicaid enrollees. Under HealthChoice, eligible families and individuals are
required to enroll in a managed care organization (MCO) that has been approved
by MDH. Each MCO is responsible for ensuring that HealthChoice enrollees have
access to a network of medical providers that can meet their health needs.
MDH intends to seek authorization of federal Medicaid matching funds for
the provision of a set of targeted Medicaid services including but not limited
to the pre-release services described below to be provided up to a 90-day
period prior to release for eligible justice-involved populations. Pre-release
services will be anchored in case management, and include medication -assisted
treatment (MAT), and provision of medications upon release.
Additionally, in accordance with SB518 (Chapter 369 - 2022), MDH intends
to seek authorization of federal Medicaid matching funds for the provision of a
Behavioral Health Value-Based Purchasing (BH VBP) Pilot Program. The BH VBP
Pilot Program will provide intensive case management behavioral health services
to targeted Medicaid enrollees for a three-year period, starting FY2025. The
individuals selected for the pilot program will be those whose behavioral
health condition or functioning places them at risk of hospital emergency department
utilization or inpatient psychiatric hospital admission.
The State’s 30-day public comment period will open on January 12, 2024.
Electronic copies of the draft waiver amendment application will be available
on that date and may be downloaded from
https://health.maryland.gov/mmcp/Pages/1115-HealthChoice-Waiver-Renewal.aspx.
Hard copies of the application may be obtained by calling (410) 767-5683.
Interested parties may send written comments concerning the waiver
amendment to Laura Goodman, Office of Innovation, Research and Development
Office of Health Care Financing, Maryland Department of Health, 201 West
Preston Street, Room 224, Baltimore, MD 21201, or via email to
mdh.healthchoicerenewal@maryland.gov. MDH will accept comments from January 12,
2024 - February 12, 2024.
The following public hearings will discuss the content of the waiver
amendment and solicit feedback and input from public stakeholders.
January 22, 2024, from 1—3 p.m.
Maryland
Department of Health
January MMAC
Meeting
GoToWebinar
Virtual Platform
To participate
in the public hearing, please visit:
https://attendee.gotowebinar.com/register/4637811950049413206
Please note that if you desire to make a public comment,
you will need to register via the link above. After registering, you will
receive a confirmation email containing audio and visual information about
joining the webinar.
February 5, 2024, from
10:30—11:30 a.m.
Maryland
Department of Health
GoToWebinar
Virtual Platform
To participate
in the public hearing, please visit:
https://attendee.gotowebinar.com/register/330448759780462426
Please note that if you desire to make a public comment,
you will need to register via the link above. After registering, you will
receive a confirmation email containing audio and visual information about
joining the webinar.
Contact: Laura Goodman 410-767-5683
[24-01-06]
MARYLAND
DEPARTMENT OF HEALTH/VIRGINIA I. JONES ALZHEIMER’S DISEASE AND RELATED
DEMENTIAS COUNCIL
Subject: Public Meeting
Date and
Time: January
24, 2024, 1 — 3 p.m.
Place: Via
Google Meet — please see details below.
Add’l. Info:
Quarterly Meeting
Join via
video:
https://meet.google.com/cvh-uaae-hks
Join via
phone:
+1
346-808-1813
PIN: 802 190 127#, MD
Contact: Monica McAllister 410-767-2577
[24-01-02]
MARYLAND
STATE LOTTERY AND GAMING CONTROL COMMISSION
Subject: Public Meeting
Date and
Time: January
25, 2024, 10 — 11 a.m.
Place: Montgomery
Business Park, 1800 Washington Blvd., Ste. 330, Baltimore, MD
Add’l. Info:
The meeting
will be held in person and via livestream. Access to the link will be available
on the day of the meeting at https://www.mdgaming.com/commission-meeting-1-25-2024/.
Contact: Kathy Lingo 410-230-8790
[24-01-08]
STATE
ADVISORY COUNCIL ON QUALITY CARE AT THE END OF LIFE
Subject: Public Meeting
Date and
Time: January
29, 2024, 10 a.m. — 12 p.m.
Place: Via
Google Meet — please see details below.
Add’l. Info:
The video conference may be accessed
as follows:
Join with
Google Meet:
meet.google.com/fdh-hmfq-hyw
Join by phone:
(US) +1 802-227-7077
PIN: 366 602 720#, MD
The public is welcome to attend the video conference.
Contact: Paul Ballard 410-767-6918
[24-01-01]
BOARD OF
WATERWORKS AND WASTE SYSTEMS OPERATORS
Subject: Public Meeting
Date and
Time: January
18, 2024, 10 a.m. — 12 p.m.
Place: Remote
Meeting — please see the Board’s webpage for meeting details at
https://mde.maryland.gov/programs/Permits/EnvironmentalBoards/Pages/BWW.aspx.
Add’l. Info:
A portion
of this meeting may be held in closed session.
Contact: J. Martin Fuhr 410-537-3588
[24-01-04]
