Capitol Building Maryland Register

Issue Date:  April 5, 2024

Volume 51  •  Issue 7  • Pages 321 — 354

IN THIS ISSUE

Governor

Judiciary

Regulatory Review and Evaluation

Regulations

Errata

Special Documents

General Notices

Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before March 18, 2024 5 p.m.
 
Pursuant to State Government Article, §7-206, Annotated Code of Maryland, I hereby certify that this issue contains all documents required to be codified as of March 18, 2024.
 
Gail S. Klakring
Acting Administrator, Division of State Documents
Office of the Secretary of State

Seal

Information About the Maryland Register and COMAR

MARYLAND REGISTER

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

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

   The following information is also published regularly in the Register:

   • Governor’s Executive Orders

   • Attorney General’s Opinions in full text

   • Open Meetings Compliance Board Opinions in full text

   • State Ethics Commission Opinions in full text

   • Court Rules

   • District Court Administrative Memoranda

   • Courts of Appeal Hearing Calendars

   • Agency Hearing and Meeting Notices

   • Synopses of Bills Introduced and Enacted by the General Assembly

   • Other documents considered to be in the public interest

CITATION TO THE MARYLAND REGISTER

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

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

CODE OF MARYLAND REGULATIONS (COMAR)

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

CITATION TO COMAR REGULATIONS

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

DOCUMENTS INCORPORATED BY REFERENCE

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

HOW TO RESEARCH REGULATIONS

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

SUBSCRIPTION INFORMATION

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

CITIZEN PARTICIPATION IN
THE REGULATION-MAKING PROCESS

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

Annotated Code of Maryland):

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

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

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

   • By petitioning the circuit court for a declaratory judgment

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

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

 

Maryland Register (ISSN 0360-2834). Postmaster: Send address changes and other mail to: Maryland Register, State House, Annapolis, Maryland21401. Tel. 410-260-3876. Published biweekly, with cumulative indexes published quarterly, by the State of Maryland, Division of State Documents, State House, Annapolis, Maryland 21401. The subscription rate for the Maryland Register is $225 per year (first class mail). All subscriptions post-paid to points in the U.S. periodicals postage paid at Annapolis, Maryland, and additional mailing offices.

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

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

Illustrations by Carolyn Anderson, Dept. of General Services

 

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

 

Closing Dates for the Maryland Register

Schedule of Closing Dates and Issue Dates for the
Maryland Register .....................................................................  325

 

COMAR Research Aids

Table of Pending Proposals ...........................................................  326

 

Index of COMAR Titles Affected in This Issue

COMAR Title Number and Name                                                  Page

05        Department of Housing and Community
               Development ..................................................................  332

08        Department of Natural Resources .....................................  336

09        Maryland Department of Labor .........................................  332

10        Maryland Department of Health ........................................  337

11        Department of Transportation ............................................  332

13A     State Board of Education ...................................................  337

14        Independent Agencies ...............................................  333, 338

15        Maryland Department of Agriculture ................................  334

20        Public Service Commission ...............................................  340

26        Department of the Environment ........................................  334

31        Maryland Insurance Administration ..................................  334

33        State Board of Elections ....................................................  334

35        Maryland Department of Veterans Affairs ........................  335

 

PERSONS WITH DISABILITIES

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

 

The Governor

EXECUTIVE ORDER 01.01.2024.09

Declaration of a State of Emergency .  329

 

The Judiciary

SUPREME COURT OF MARYLAND

DISCIPLINARY PROCEEDINGS ..................................  330

 

Regulatory Review and Evaluation

DEPARTMENT OF TRANSPORTATION

TRANSPORTATION SERVICE HUMAN RESOURCES
   SYSTEM

Notice of Availability of Evaluation Report ........................  331

 

Final Action on Regulations

05 DEPARTMENT OF HOUSING AND COMMUNITY
   DEVELOPMENT

REVITALIZATION PROGRAMS

Business Facade Improvement Program ..  332

09 MARYLAND DEPARTMENT OF LABOR

STATE ATHLETIC COMMISSION

Applications and Licensing ......................................................  332

Ring Officials ...........................................................................  332

BOARD OF STATIONARY ENGINEERS

Fees ..........................................................................................  332

11 DEPARTMENT OF TRANSPORTATION

MOTOR VEHICLE ADMINISTRATION —
   ADMINISTRATIVE PROCEDURES

Ignition Interlock Program ..  332

MOTOR VEHICLE ADMINISTRATION — VEHICLE
   EQUIPMENT

Ignition Interlock Systems .......................................................  332

MOTOR VEHICLE ADMINISTRATION—MOTORCYCLE
   SAFETY PROGRAM

Motorcycle Safety Training Centers .  333

14 INDEPENDENT AGENCIES

MARYLAND ENERGY ADMINISTRATION

Green Building Tax Credit Program ..  333

Maryland Strategic Energy Investment Program .....................  333

Clean Energy Grant Program ..  333

Maryland Clean Energy Incentive Tax Credit Program ..  333

MARYLAND STATE LIBRARY

Programs for Library Media Services .  333

15 MARYLAND DEPARTMENT OF AGRICULTURE

OFFICE OF THE SECRETARY

Cost Sharing—Water Pollution Control Program ..  334

BOARD OF VETERINARY MEDICAL EXAMINERS

Fees .  334

26 DEPARTMENT OF ENVIRONMENT

AIR QUALITY

NOx Ozone Season Emission Caps for Non-Trading Large
   NOx Units ..............................................................................  334

31 MARYLAND INSURANCE ADMINISTRATION

HEALTH INSURANCE—GENERAL

Disability Benefit Claims Procedures ......................................  334

33 STATE BOARD OF ELECTIONS

ELECTION DAY ACTIVITIES

Challengers or Watchers ..........................................................  334

Electioneering; Exit Polling .....................................................  334

ABSENTEE BALLOTS

Issuance and Return .................................................................  334

PROVISIONAL VOTING

Issuance of Provisional Ballot  334

EARLY VOTING

Early Voting Activities .  334

ABSENTEE BALLOTS

Definitions; General Provisions .  335

Canvass of Ballots— Rejecting Ballots .  335

ABSENTEE BALLOTS

Issuance and Return .  335

Canvass of Ballots — Procedures ............................................  335

PROVISIONAL VOTING

Canvass of Ballots — Rejecting Ballots .  335

35 MARYLAND DEPARTMENT OF VETERANS AFFAIRS

GENERAL

Purpose; Definitions .  335

VETERANS’ CEMETERIES

Burial in State Veterans’ Cemeteries .......................................  335

 

Proposed Action on Regulations

08 DEPARTMENT OF NATURAL RESOURCES

BOATING—SPEED LIMITS AND OPERATION OF VESSELS

Severn River Vessel Management Area .  336

10 MARYLAND DEPARTMENT OF HEALTH

MARYLAND HEALTH CARE COMMISSION

User Fee Assessment on Payers, Hospitals, and Nursing
   Homes ...................................................................................  337

13A STATE BOARD OF EDUCATION

STUDENTS

General Regulations .  337

14 INDEPENDENT AGENCIES

MARYLAND TECHNOLOGY DEVELOPMENT
   CORPORATION

Investment Programs .  338

COMMISSION ON CRIMINAL SENTENCING POLICY

General Regulations .  339

Criminal Offenses and Seriousness Categories .  339

20 PUBLIC SERVICE COMMISSION

SERVICE SUPPLIED BY ELECTRIC COMPANIES

Small Generator Facility Interconnection Standards ...............  340

 

Errata

COMAR 13A.12.07 .  347

 

Special Documents

DEPARTMENT OF THE ENVIRONMENT

SUSQUEHANNA RIVER BASIN COMMISSION

Projects Approved for Consumptive Uses of Water  348

Actions Taken at the March 14, 2024 Meeting .  349

18 CFR Part 801 — Review and Approval of
   Projects
.  350

WATER AND SCIENCE ADMINISTRATION

Water Quality Certification 23-WQC-0015 .  352

Water Quality Certification 23-WQC-0049 .  353

 

General Notices

COMMISSION ON STATE DEBT

Public Meeting .........................................................................  354

DEPARTMENT OF THE ENVIRONMENT

Public Meeting .  354

MARYLAND DEPARTMENT OF HEALTH

Public Meeting .  354

MARYLAND DEPARTMENT OF HEALTH/CANNABIS
   PUBLIC HEALTH ADVISORY COUNCIL

Public Meeting .........................................................................  354

MARYLAND DEPARTMENT OF HEALTH/PHARMACY
   AND THERAPEUTICS (P&T) COMMITTEE

Public Meeting .........................................................................  354

MARYLAND DEPARTMENT OF HEALTH/VIRGINIA
   I. JONES ALZHEIMER’S DISEASE AND RELATED
   DEMENTIAS COUNCIL

Public Meeting .  354

MARYLAND STATE LOTTERY AND GAMING CONTROL
   COMMISSION

Public Meeting .  354

MARYLAND HEALTH CARE COMMISSION

Public Meeting .........................................................................  354

BOARD OF WATERWORKS AND WASTE SYSTEMS
   OPERATORS

Public Meeting .  354

 

 

COMAR Online

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

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

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

 

Availability of Monthly List of
Maryland Documents

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

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

 

 

CLOSING DATES AND ISSUE DATES THROUGH
DECEMBER 2024

Issue
Date

Emergency

and Proposed

Regulations

5 p.m.*

Notices, etc.

10:30 a.m.

Final

Regulations

10:30 a.m.

2024

April 19

April 1

April 8

April 10

May 3

April 15

April 22

April 24

May 17

April 29

May 6

May 8

May 31

May 13

May 20

May 22

June 14

May 24**

June 3

June 5

June 28

June 10

June 17

June 18**

July 12

June 24

July 1

July 3

July 26

July 8

July 15

July 17

August 9

July 22

July 29

July 31

August 23

August 5

August 12

August 14

September 6

August 19

August 26

August 28

September 20

August 30**

September 9

September 11

October 4

September 16

September 23

September 25

October 18

September 30

October 7

October 9

November 1

October 11**

October 21

October 23

November 15

October 28

November 4

November 6

December 2***

November 8**

November 18

November 20

December 13

November 25

December 2

December 4

December 27

December 9

December 16

December 18

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

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

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

** Note closing date changes.

***    Note issue date changes.

The regular closing date for Proposals and Emergencies is Monday.

 

 

Cumulative Table of COMAR Regulations
Adopted, Amended, or Repealed

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

Table of Pending Proposals

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

 


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

 

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

08.02.26.01—.06 • 51:1 Md. R. 30 (1-12-24)

08.18.24.01 • 51:7 Md. R. 336 (4-5-24)

 

09 MARYLAND DEPARTMENT OF LABOR

 

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

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

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

09.11.09.02 • 50:26 Md. R. 1135 (12-29-23)

09.13.05.03 • 50:26 Md. R. 1136 (12-29-23)

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

09.18.01.03 • 50:25 Md. R. 1097 (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)

09.23.04.03 • 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

 

     Subtitles 01—08 (1st volume)

 

10.07.14.01—.65 • 51:6 Md. R. 272 (3-22-24)

 

     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)

10.09.10.07,.08 • 51:2 Md. R. 78 (1-26-24)

10.09.11.11 • 51:2 Md. R. 79 (1-26-24)

10.09.16.01—.12 • 51:3 Md. R. 159 (2-9-24)

10.09.21.02—.06 • 51:2 Md. R. 82 (1-26-24)

10.09.24.02,.07,.12 • 51:2 Md. R. 79 (1-26-24)

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

10.09.33.09 • 51:3 Md. R. 161 (2-9-24)

10.09.36.01,.04 • 51:4 Md. R. 203 (2-23-24)

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)

10.09.43.10,.13 • 51:2 Md. R. 79 (1-26-24)

10.09.44.01,.15,.21,.23 • 51:3 Md. R. 162 (2-9-24)

10.09.46.12 • 51:4 Md. R. 204 (2-23-24)

10.09.48.08 • 51:4 Md. R. 205 (2-23-24)

10.09.53.04,.05 • 51:4 Md. R. 206 (2-23-24)

10.09.56.02,.04,.10,.14—.17,.19,.21,.22 • 51:4 Md. R. 207 (2-23-24)

10.09.64.01—.09 • 51:3 Md. R. 164 (2-9-24)

10.09.69.02,.11,.12 • 51:4 Md. R. 209 (2-23-24)

10.09.80.01,.05,.08 • 51:1 Md. R. 37 (1-12-24)

10.09.89.14 • 51:4 Md. R. 210 (2-23-24)

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)

10.15.04.01,.02,.04—.26 • 51:5 Md. R. 234 (3-8-24)

10.15.06.02,.03,.05,.10,.11 • 51:2 Md. R. 82 (1-26-24) (ibr)

10.18.05.01—.03 • 51:3 Md. R. 166 (2-9-24)

10.18.06.05,.08,.10 • 51:3 Md. R. 166 (2-9-24)

10.19.03.01—.20 • 51:4 Md. R. 211 (2-23-24)

10.21.31.01—.06 • 51:3 Md. R. 167 (2-9-24)

 

     Subtitles 23—36 (4th volume)

 

10.25.03.02 • 51:7 Md. R. 337 (4-5-24)

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)

10.32.01.10 • 51:2 Md. R. 83 (1-26-24)

10.34.42.01—.03 • 51:2 Md. R. 84 (1-26-24)

10.35.01.20 • 51:5 Md. R. 247 (3-8-24)

 

     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)

10.46.09.01—.04 • 51:2 Md. R. 85 (1-26-24)

 

     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)

10.63.02.02 • 51:3 Md. R. 168 (2-9-24)

10.63.03.20,.21 • 51:3 Md. R. 168 (2-9-24)

10.63.07.02,.03,.05,.11 • 51:3 Md. R. 173 (2-9-24)

10.65.02.06,.09 • 51:2 Md. R. 86 (1-26-24)

10.65.03.02—.09 • 51:2 Md. R. 86 (1-26-24)

10.65.04.01—.06 • 51:2 Md. R. 86 (1-26-24)

10.65.05.01—.04 • 51:2 Md. R. 86 (1-26-24)

10.65.06.01,.02 • 51:2 Md. R. 86 (1-26-24)

10.65.09.01—.06 • 51:2 Md. R. 86 (1-26-24)

10.67.01.01 • 51:3 Md. R. 164 (2-9-24)

10.67.02.01 • 51:3 Md. R. 174 (2-9-24)

10.67.04.03-1,.03-2,.15,.19,.19-4 • 51:3 Md. R. 174 (2-9-24)

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

10.67.05.02 • 51:3 Md. R. 174 (2-9-24)

10.67.06.26 • 51:3 Md. R. 164 (2-9-24)

10.67.06.26-1,.26-3,.27,.30 • 51:3 Md. R. 174 (2-9-24)

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

10.67.08.03 • 51:3 Md. R. 174 (2-9-24)

 

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

 

12.11.10.06 • 51:2 Md. R. 95 (1-26-24)

 

13A STATE BOARD OF EDUCATION

 

13A.08.01.02-3 • 51:7 Md. R. 337 (4-5-24)

13A.08.01.17 • 50:20 Md. R. 924 (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.15.10.06 • 51:1 Md. R. 50 (1-12-24)

13A.16.08.03 • 51:2 Md. R. 95 (1-26-24)

13A.16.09.01,.04 • 51:1 Md. R. 50 (1-12-24)

13A.16.10.02 • 51:2 Md. R. 95 (1-26-24)

13A.16.10.05 • 51:1 Md. R. 50 (1-12-24)

13A.17.10.02 • 51:2 Md. R. 95 (1-26-24)

13A.18.09.01,.04 • 51:1 Md. R. 50 (1-12-24)

13A.18.10.05 • 51:1 Md. R. 50 (1-12-24)

 

14 INDEPENDENT AGENCIES

 

14.04.02.03 • 51:7 Md. R. 338 (4-5-24)

14.22.01.10,.12 • 51:7 Md. R. 339 (4-5-24)

14.22.02.02 • 51:7 Md. R. 339 (4-5-24)

14.26.03.01—.13 • 50:26 Md. R. 1142 (12-29-23)

14.30.01.01 • 51:2 Md. R. 97 (1-26-24)

14.30.02.01—.05 • 51:2 Md. R. 97 (1-26-24)

14.30.03.01,.02 • 51:2 Md. R. 97 (1-26-24)

14.30.04.01—.12 • 51:2 Md. R. 97 (1-26-24)

14.30.05.01—.17 • 51:2 Md. R. 97 (1-26-24)

14.30.06.01,.02 • 51:2 Md. R. 97 (1-26-24)

14.30.07.01—.04 • 51:2 Md. R. 97 (1-26-24)

14.30.08.01—.26 • 51:2 Md. R. 97 (1-26-24)

14.30.09.01—.03 • 51:2 Md. R. 97 (1-26-24)

14.30.10.01—.24 • 51:2 Md. R. 97 (1-26-24)

14.30.11.01—.27 • 51:2 Md. R. 97 (1-26-24)

14.30.12.01—.05 • 51:2 Md. R. 97 (1-26-24)

14.30.13.01 • 51:2 Md. R. 97 (1-26-24)

14.30.14.01—.05 • 51:2 Md. R. 97 (1-26-24)

14.30.15.01,.02 • 51:2 Md. R. 97 (1-26-24)

14.31.04.01—.10 • 51:5 Md. R. 248 (3-8-24)

14.32.01.01—.06 • 51:2 Md. R. 109 (1-26-24)

14.32.02.01—.22 • 51:2 Md. R. 109 (1-26-24)

14.32.03.01—.07 • 51:2 Md. R. 109 (1-26-24)

14.32.04.01—.06 • 51:2 Md. R. 109 (1-26-24)

14.32.05.01—.05 • 51:2 Md. R. 109 (1-26-24)

14.32.06.01—.03 • 51:2 Md. R. 109 (1-26-24)

14.32.07.01 • 51:2 Md. R. 109 (1-26-24)

14.32.08.01 • 51:2 Md. R. 109 (1-26-24)

14.34.01.01—.03 • 51:2 Md. R. 110 (1-26-24)

14.34.02.01 • 51:2 Md. R. 110 (1-26-24)

14.34.03.01 • 51:2 Md. R. 110 (1-26-24)

14.34.04.01—.17 • 51:2 Md. R. 110 (1-26-24)

14.34.05.01—.12 • 51:2 Md. R. 110 (1-26-24)

14.34.06.01—.04 • 51:2 Md. R. 110 (1-26-24)

14.39.02.01—.32 • 51:6 Md. R. 308 (3-22-24) (ibr)

 

15 MARYLAND DEPARTMENT OF AGRICULTURE

 

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

 

18 DEPARTMENT OF ASSESSMENTS AND TAXATION

 

18.01.02.03 • 51:3 Md. R. 184 (2-9-24)

18.06.03.01 • 51:3 Md. R. 184 (2-9-24)

 

20 PUBLIC SERVICE COMMISSION

 

20.50.09.02,.06,.07,.09,.10,.12—.14 • 51:7 Md. R. 340 (4-5-24)

 

21 STATE PROCUREMENT REGULATIONS

 

21.03.05.03 • 51:2 Md. R. 112 (1-26-24)

21.05.07.01,.04,.05 • 51:2 Md. R. 112 (1-26-24)

21.05.08.05 • 51:2 Md. R. 112 (1-26-24)

21.05.09.05 • 51:2 Md. R. 112 (1-26-24)

21.11.01.06 • 51:2 Md. R. 112 (1-26-24)

21.11.15.04 • 51:2 Md. R. 112 (1-26-24)

21.13.01.03,.15 • 51:2 Md. R. 112 (1-26-24)

 

26 DEPARTMENT OF THE ENVIRONMENT

 

     Subtitles 01—07 (Part 1)

 

26.04.01.01,.01-1,.20,.31 • 51:6 Md. R. 309 (3-22-24) (ibr)

 

     Subtitles 19—28 (Part 4)

 

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

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

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

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

 

30 MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)

 

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

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

30.09.01.02 • 51:2 Md. R. 117 (1-26-24)

30.09.14.04 • 51:2 Md. R. 117 (1-26-24)

 

34 DEPARTMENT OF PLANNING

 

34.04.09.06,.08,.09 • 51:6 Md. R. 311 (3-22-24)

 

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 Governor

EXECUTIVE ORDER 01.01.2024.09

Declaration of a State of Emergency

 

WHEREAS, The State of Maryland is subject to a variety of hazards and disasters, including an impending emergency as defined in Section 14-101(c) of the Public Safety Article of the Maryland Code;

 

WHEREAS, Having been advised and informed by the Maryland Department of Emergency Management that, as a result of a significant incident and infrastructure damage to the Francis Scott Key Bridge in Baltimore on March 26, 2024, action may be needed to protect the lives and property of Maryland residents and visitors;

 

WHEREAS, Because of the potential impacts of this incident and in preparation for all contingencies, an emergency exists Statewide;

 

WHEREAS, Transportation, critical infrastructure and navigable waterways have been negatively affected by the impacts of this incident;

 

WHEREAS, State and local government agencies may require additional resources and support to implement proactive actions and meet the public safety and welfare needs of Maryland residents and visitors who are negatively affected by the impacts of this incident;

 

WHEREAS, State and local government agencies and other organizations may require additional resources during incident recovery;

 

WHEREAS, In order to waive certain regulations to facilitate emergency response and restoration activities, to activate certain emergency contracts, and to facilitate the deployment of requisite resources within provisions of Maryland law;

 

WHEREAS, In order to implement the emergency powers of the Governor to facilitate the deployment of needed resources, an executive order is necessary and appropriate;

 

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, INCLUDING BUT NOT LIMITED TO TITLE 14 OF THE PUBLIC SAFETY ARTICLE OF THE MARYLAND CODE, AND BASED ON THE ABOVE FINDINGS, HEREBY DECLARE THAT AN EMERGENCY EXISTS IN THE STATE OF MARYLAND AND  HEREBY PROCLAIM THE FOLLOWING EXECUTIVE ORDER, EFFECTIVE IMMEDIATELY:

     A. The Maryland Department of Emergency Management is hereby directed to coordinate the State preparedness and response to impacts of this incident.

     B. All other appropriate State authorities are hereby authorized to activate their emergency preparedness plans and engage, deploy, use, and coordinate available resources in furtherance of those plans.

     C. The Maryland National Guard is hereby called into State service.

 

GIVEN Under My Hand and the Great Seal of the State of Maryland, in the City of Baltimore, this 26th Day of March 2024.

WES MOORE
Governor

 

ATTEST:

 

SUSAN C. LEE
Secretary of State

[24-07-18]

 

The Judiciary

SUPREME COURT OF MARYLAND

DISCIPLINARY PROCEEDINGS

     This is to certify that by an Order of this Court dated March 20, 2024, BRIAN MARTIN KURTYKA (CPF# 9112180140), as of March 20, 2024, Brian Martin Kurtyka has been disbarred, effective immediately and his name has been stricken from the register of attorneys in this Court. Notice of this action is given in accordance with Maryland Rule 19-761(b).

*   *   *   *   *   *   *   *   *   *

     This is to certify that by an Order of this Court dated March 21, 2024, THOMAS IAN MOIR (CPF# 0612130135), as of March 21, 2024, Thomas Ian Moir has been disbarred, effective immediately and his name has been stricken from the register of attorneys in this Court. Notice of this action is given in accordance with Maryland Rule 19-761(b).

[24-07-14]

 

 

Regulatory Review and Evaluation

Regulations promulgated under the Administrative Procedure Act will undergo a review by the promulgating agency in accordance with the Regulatory Review and Evaluation Act (State Government Article, §§10-130 — 10-139; COMAR 01.01.2003.20). This review will be documented in an evaluation report which will be submitted to the General Assembly’s Joint Committee on Administrative, Executive, and Legislative Review.  The evaluation reports have been spread over an 8-year period (see COMAR 01.01.2003.20 for the schedule).  Notice that an evaluation report is available for public inspection and comment will be published in this section of the Maryland Register.


 

Title 11
DEPARTMENT OF TRANSPORTATION

Subtitle 02 TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM

Notice of Availability of Evaluation Report

     Pursuant to Executive Order 01.01.2003.20, Implementation of the Regulatory Review and Evaluation Act, notice is hereby given that the Evaluation Report concerning COMAR Title 11, Subtitle 02 Transportation Service Human Resources System Office of the Secretary, is available for public inspection and comment for a period of 60 days following the date of this notice.

     This report may be reviewed by appointment at the Office of the Secretary, 7201 Corporate Center Drive, Hanover, MD 21076. Information and appointments may be obtained by contacting Daniel Bright, Director, HR Strategy & Operations, at 410-865-1197 or by email at dbright@mdot.maryland.gov.

[24-07-08]

 

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 05
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

Subtitle 20 REVITALIZATION PROGRAMS

05.20.05 Business Facade Improvement Program

Authority: Housing and Community Development Article, §§2-102(a)(7) and 6-1103, Annotated Code of Maryland

Notice of Final Action

[23-328-F]

On March 27, 2024, the Secretary of Housing and Community Development adopted new Regulations .01—.09 under a new chapter, COMAR 05.20.06 Business Facade Improvement Program. This action, which was proposed for adoption in 51:3 Md. R. 156—158 (February 9, 2024), has been adopted as proposed.

Effective Date: April 15, 2024.

JACOB DAY
Secretary of Housing and Community Development

 

Title 09
MARYLAND DEPARTMENT OF LABOR

Subtitle 14 STATE ATHLETIC COMMISSION

Notice of Final Action

[23-280-F]

On February 21, 2024, the Maryland State Athletic Commission adopted amendments to:

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

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

This action, which was proposed for adoption in 50:25 Md. R. 1094 (December 15, 2023), has been adopted as proposed.

Effective Date: April 15, 2024.

MATT McKINNEY
Director of Strategic Initiatives

 

Subtitle 17 BOARD OF STATIONARY ENGINEERS

09.17.03 Fees

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

Notice of Final Action

[23-275-F]

On March 19, 2024, the Maryland Board of Stationary Engineers adopted amendments to Regulation .03 under COMAR 09.17.01 Fees. This action, which was proposed for adoption in 50:25 Md. R. 1096—1097 (December 15, 2023), has been adopted as proposed.

Effective Date: April 15, 2024.

BRIAN WODKA
Chair

 

Title 11
DEPARTMENT OF TRANSPORTATION

Notice of Final Action

[23-245-F]

On March 26, 2024, the Administrator of the Motor Vehicle Administration adopted amendments to:

(1) Regulation .04 under COMAR 11.11.13 Ignition Interlock Program; and

(2) Regulations .04, .10, .14, and .20 under COMAR 11.13.10 Ignition Interlock Systems.

This action, which was proposed for adoption in 51:3 Md. R. 177—178 (February 9, 2024), has been adopted with the nonsubstantive changes shown below.

Effective Date: April 15, 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:

Regulation .04F(2): Remove “and”, add “or”, and add “(c) Both §F(2)(a) and (b) of this regulation” to clarify, a service provides shall provide, upon request, an ignition interlock device that includes a visual alert, a vibration alert, or both a visual and a vibration alert.

Regulation .14A(2)(a): Add “or vibration” to clarify the number of devices to be reported includes devices with visual alerts, vibration alerts, or both visual and vibration alerts.

 

Subtitle 13 MOTOR VEHICLE ADMINISTRATION — VEHICLE EQUIPMENT

11.13.10 Ignition Interlock Systems

Authority: Transportation Article, §§12-104(b), 16-404.1, and 21-902.2, Annotated Code of Maryland

.04 Guidelines.

A.—E. (proposed text unchanged)

F. Mandatory Operational Features.

(1) (proposed text unchanged)

(2) Upon participant request, a service provider shall provide an ignition interlock device that includes:

(a) Visual alerts to notify the driver of required actions, including a random test; [[and]]

(b) Vibration alerts that may be effective in alerting a driver who is deaf or hard of hearing; or

(c) Both §F(2)(a) and (b) of this regulation.

G. (proposed text unchanged)

.14 Reports Required by Manufacturer.

A. The manufacturer shall provide to the Administration:

(1) (proposed text unchanged)

(2) Annually, an information report detailing:

(a) The number of devices with visual or vibration alerts, or both, that have been issued;

(b)—(d) (proposed text unchanged)

(3)(6) (proposed text unchanged)

B.—D. (proposed text unchanged)

CHRISTINE NIZER
Administrator

 

Subtitle 20 MOTOR VEHICLE ADMINISTRATION—MOTORCYCLE SAFETY PROGRAM

11.20.01 Motorcycle Safety Training Centers

Authority: Transportation Article, §§12-104(b), 16-603, 16-604, and 16-605, Annotated Code of Maryland

Notice of Final Action

[23-315-F]

On March 26, 2024, the Administrator of the Motor Vehicle Administration adopted amendments to Regulations .01, .06—.12, and .14—.16, amendments to and the recodification of existing Regulations .02-1—.04, .20—.31, and .33 to be Regulations .03—.05, .17—.28, and .29, respectively, and the repeal of existing Regulations .05, .17, .18, and .32 under COMAR 11.20.01 Motorcycle Training Centers. This action, which was proposed for adoption in 51:3 Md. R. 178—180 (February 9, 2024), has been adopted as proposed.

Effective Date: April 15, 2024.

CHRISTINE NIZER
Administrator

 

Title 14
INDEPENDENT AGENCIES

Subtitle 26 MARYLAND ENERGY ADMINISTRATION

14.26.02 Maryland Strategic Energy Investment Program

Authority: State Government Article, §§9-20B-01—9-20B-12, Annotated Code of Maryland

Notice of Final Action

[23-252-F]

On March 15, 2024, the Maryland Energy Administration adopted the repeal of existing Regulations .01—.10 under existing COMAR 14.26.02 Green Building Tax Credit Program and new Regulations .01—.12 under new COMAR 14.26.02 Maryland Strategic Energy Investment Program. This action, which was proposed for adoption in 50:26 Md. R. 1140—1142 (December 29, 2023), has been adopted as proposed.

Effective Date: July 1, 2024.

PAUL G. PINSKY
Director

 

Subtitle 26 MARYLAND ENERGY ADMINISTRATION

Notice of Final Action

[23-288-F]

On March 26, 2024, the Maryland Energy Administration adopted the repeal of:

(1) Regulations .01—.13 under COMAR 14.26.04 Clean Energy Grant Program; and

(2) Regulations .01—.11 under COMAR 14.26.06 Maryland Clean Energy Incentive Tax Credit Program.

This action, which was proposed for adoption in 51:3 Md. R. 183—184 (February 9, 2024), has been adopted as proposed.

Effective Date: April 15, 2024.

PAUL G. PINSKY
Director

 

Subtitle 38 MARYLAND STATE LIBRARY

14.38.01 Programs for Library Media Services

Authority: Education Article, §23-106, Annotated Code of Maryland

Notice of Final Action

[23-178-F]

On March 11, 2024, the Maryland State Library Agency adopted amendments to Regulation .03 under COMAR 14.38.01 Programs for Library Media Services. This action, which was proposed for adoption in 50:23 Md. R. 1011 (November 17, 2023), has been adopted as proposed.

Effective Date: April 15, 2024.

IRENE M. PADILLA
State Librarian

Title 15
MARYLAND DEPARTMENT OF AGRICULTURE

Subtitle 01 OFFICE OF THE SECRETARY

15.01.05 Cost Sharing—Water Pollution Control Program

Authority: Agriculture Article, §§2-103, 8-703, 8-704, and 8-803.1, Annotated Code of Maryland

Notice of Final Action

[23-316-F]

On March 13, 2024, the Office of the Secretary adopted amendments to Regulation .10 under COMAR 15.01.05 Cost Sharing—Water Pollution Control Program. This action, which was proposed for adoption in 51:2 Md. R. 110—111 (January 26, 2024), has been adopted as proposed.

Effective Date: April 15, 2024.

STEVEN A. CONNELLY
Deputy Secretary of Agriculture

 

Subtitle 14 BOARD OF VETERINARY MEDICAL EXAMINERS

15.14.12 Fees

Authority: Agriculture Article, §2-303, Annotated Code of Maryland

Notice of Final Action

[23-334-F]

On March 13, 2024, the State Board of Veterinary Medical Examiners adopted amendments to Regulation .02 under COMAR 15.14.12 Fees. This action, which was proposed for adoption in 51:2 Md. R. 111—112 (January 26, 2024), has been adopted as proposed.

Effective Date: April 15, 2024.

STEVEN A. CONNELLY
Deputy Secretary of Agriculture

 

Title 26
DEPARTMENT OF ENVIRONMENT

Subtitle 11 AIR QUALITY

26.11.40 NOx Ozone Season Emission Caps for Non-Trading Large NOx Units

Authority: Environment Article, §§1-404, 2-103, and 2-301—2-303, Annotated Code of Maryland

Notice of Final Action

[23-225-F]

On March 26, 2024, the Secretary of the Environment adopted amendments to Regulations .02 and .03 under COMAR 26.11.40 NOx Ozone Season Emission Caps for Non-Trading Large NOx Units. This action, which was proposed for adoption in 50:24 Md. R. 1059—1061 (December 1, 2023), has been adopted as proposed.

Effective Date: April 15, 2024.

SERENA McILWAIN
Secretary of the Environment

 

Title 31
MARYLAND INSURANCE ADMINISTRATION

Subtitle 10 HEALTH INSURANCE—GENERAL

31.10.30 Disability Benefit Claims Procedures

Authority: Insurance Article, §§ 2-109(a)(1) and 15-1010, Annotated Code of Maryland

Notice of Final Action

[23-350-F]

On March 26, 2024, the Maryland Insurance Administration adopted amendments to Regulations .03—.05 under COMAR 31.10.30 Disability Benefit Claims Procedures. This action, which was proposed for adoption in 51:3 Md. R. 185—186 (February 9, 2024), has been adopted as proposed.

Effective Date: April 15, 2024.

KATHLEEN A. BIRRANE
Insurance Commissioner

 

Title 33
STATE BOARD OF ELECTIONS

Notice of Final Action

[23-266-F]

On February 22, 2024, the State Board of Elections adopted::

(1) Amendments to Regulation .01 under COMAR 33.07.07 Challengers or Watchers;

(2) New Regulation .01 and the recodification of existing Regulations .01—.03 to be Regulations .02—.04 under COMAR 33.07.09 Electioneering; Exit Polling;

(3) Amendments to Regulations .02 and .08 under COMAR 33.11.03 Issuance and Return;

(4) Amendments to Regulation .01 under COMAR 33.16.03 Issuance of Provisional Ballot; and

(5) Amendments to Regulation .10 under COMAR 33.17.06 Early Voting Activities.

This action, which was proposed for adoption in 50:26 Md. R. 1147—1148 (December 29, 2023), has been adopted as proposed.

Effective Date: April 15, 2024.

JARED DeMARINIS
State Administrator of Elections

 

Subtitle 11 ABSENTEE BALLOTS

Notice of Final Action

[23-259-F]

On February 22, 2024, the State Board of Elections adopted amendments to:

(1) Amendments to Regulation .04 under COMAR 33.11.01 Definitions; General Provisions; and

(2) Amendments to Regulation .04 under COMAR 33.11.05 Canvass of Ballots— Rejecting Ballots.

This action, which was proposed for adoption in 50:26 Md. R. 1148—1149 (December 29, 2023), has been adopted as proposed.

Effective Date: April 15, 2024.

JARED DeMARINIS
State Administrator of Elections

 

Notice of Final Action

[23-217-F]

On February 22, 2024, the State Board of Elections adopted amendments to:

(1) Regulation .06 under COMAR 33.11.03 Issuance and Return;

(2) Regulation .03 under COMAR 33.11.04 Canvass of Ballots — Procedures; and

(3) Regulation .04 under COMAR 33.16.06 Canvass of Ballots — Rejecting Ballots.

This action, which was proposed for adoption in 50:23 Md. R. 1029—1030 (November 17, 2023), has been adopted as proposed.

Effective Date: April 15, 2024.

JARED DeMARINIS
State Administrator of Elections

 

Title 35
MARYLAND DEPARTMENT OF VETERANS AFFAIRS

Notice of Final Action

[23-248-F]

On March 14, 2024, the Secretary of the Maryland Department of Veterans Affairs adopted amendments to:

(1) Regulation .02 under COMAR 35.01.01 Purpose; Definitions; and

(2) Regulations .03, .05, .09, and .10 under COMAR 35.03.01 Burial in State Veterans’ Cemeteries.

This action, which was proposed for adoption in 50:25 Md. R. 1115—1116 (December 15, 2023), has been adopted as proposed.

Effective Date: April 15, 2024.

ANTHONY C. WOODS
Secretary of Veterans Affairs

 

Proposed Action on Regulations

 

 


Title 08
DEPARTMENT OF NATURAL RESOURCES

Subtitle 18 BOATING—SPEED LIMITS AND OPERATION OF VESSELS

08.18.24 Severn River Vessel Management Area

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

Notice of Proposed Action

[24-027-P]

The Secretary of Natural Resources proposes to amend Regulation .01 under COMAR 08.18.24 Severn River Vessel Management Area.

Statement of Purpose

The purpose of this action is to establish a 6-knot speed limit, effective at all times, for an area extending for approximately 175 yards into the Severn River from each side of the yard patrol pier and quay wall construction project at the Naval Support Activity in Annapolis, Maryland. This regulation would be in effect through October 15, 2025.

The proposed action is required to ensure public safety and protect human life. Without an established speed limit, the construction zone poses safety threats for all waterway users, employees, and contractors. The proposed speed limit will help protect all workers and barges from excessive wake actions. This action will positively support the project and prevent delays. Additionally, this action has been developed in cooperation with the United States Navy.

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 Anne Arundel County, Severn River: Naval Academy YP Pier Construction Project, Regulatory Staff, Department of Natural Resources, Fishing and Boating Services, 580 Taylor Avenue, E-4, Annapolis, MD 21401, or call 410-260-8300, or email to boatingregspubliccomment.dnr@maryland.gov. Comments will be accepted through May 6, 2024. A public hearing has not been scheduled.

.01 Severn River Main Stem — Speed Limits; Prohibited Zone.

A. The Severn River main stem areas, with their corresponding speed limits, are set forth below:

(1)—(6) (text unchanged)

(7) Naval Yard Patrol Craft Pier Construction Area. This encompasses the area enclosed by a line beginning at or near Lat. 38° 58.987' N, Long. 76° 28.229' W, then running 226° True to a Point, at or near Lat. 38° 58.926' N, Long. 76° 28.310' W, then running 123° True to point, at or near Lat. 38° 58.894' N, Long. 76° 28.250' W, then running 105° True to a point, at or near Lat. 38° 58.846' N, Long. 76° 28.023' W, then running 112° True to a point, at or near Lat. 38° 58.790' N, Long. 76° 27.845' W, then running 26° True to a point, at or near Lat. 38° 58.868' N, Long. 76° 27.795' W, then running 289° True to the point of beginning. The speed limit for this area is 6-knots at all times, effective through October 15, 2025.

B.—C. (text unchanged)

JOSH KURTZ
Secretary of Natural Resources

 

Title 10
MARYLAND DEPARTMENT OF HEALTH

Subtitle 25 MARYLAND HEALTH CARE COMMISSION

10.25.03 User Fee Assessment on Payers, Hospitals, and Nursing Homes

Authority: Health-General Article, §19-111, Annotated Code of Maryland

Notice of Proposed Action

[24-024-P]

The Maryland Health Care Commission proposes to amend Regulation .02 under COMAR 10.25.03 User Fee Assessment on Payers, Hospitals, and Nursing Homes. This action was considered by the Commission at an open meeting held on December 14, 2023, notice of which was given through publication in the Maryland Register, under General Provisions Article, §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to incorporate the apportioned percentages of each industry. As these percentages will not change, the only change will be to the dates of inclusion of these percentages. These regulations change every 4 years as the User Fee Report, required by Ch. 565 (S.B. 786), Acts of 2001, compels the Commission to complete a study showing the expenditures incurred by the Commission and who benefits by the work.

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 Richard Proctor, Chief Operating Officer, Maryland Health Care Commission, 4160 Patterson Avenue, Baltimore, MD 21215, or call 410-764-3558, or email to richard.proctor2@maryland.gov. Comments will be accepted through May 6, 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 June 20, 2024, at 1 p.m., at 4160 Patterson Avenue, Baltimore, MD 21215. To attend virtually, please register at mhcc.maryland.gov.

.02 Method of User Fee Assessment.

A.―B. (text unchanged)

C. For July 1, [2017] 2023—June 30, [2021] 2026, the amount assessed on payers may not exceed 26 percent of the total amount assessed by the Commission. The amount assessed on hospitals may not exceed 39 percent of the total amount assessed. The amount assessed on nursing homes may not exceed 19 percent of the total amount assessed.

RANDOLPH S. SERGENT, ESQ.
Chair

Title 13A
STATE BOARD OF EDUCATION

Subtitle 08 STUDENTS

13A.08.01 General Regulations

Authority: Education Article, §§2-205, 7-101, 7-101.1, 7-210, 7-301, 7-301.1, 7-303—7-305, 7-305.1, 7-307, 7-308, and 8-404, Annotated Code of Maryland; Ch. 273, Acts of 2016; Federal Statutory Reference: 20 U.S.C. §§1232g and 7912

Notice of Proposed Action

[24-021-P]

The State Board of Education proposes to repeal existing Regulation .02-3 and adopt new Regulation .02-3 under COMAR 13A.08.01 General Regulations. This action was considered by the State Board of Education at its meeting on December 5, 2023.

Statement of Purpose

The purpose of this action is to measure a child’s preparedness for kindergarten instruction, as defined by the essential domains of school readiness.

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 Emily Oliver, K-3 Assessment Content Manager, Maryland State Department of Education, Division of Assessment, Accountability, and Performance Reporting, 200 West Baltimore Street, Baltimore, MD 21201, or call 410-767-0055, or email to emily.oliver@maryland.gov. Comments will be accepted through May 6, 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 June 27, 2023, at 9 a.m., at 200 West Baltimore Street, Baltimore, MD 21201.

.02-3 Kindergarten Readiness Assessment.

A. Statewide Assessment.

(1) Each school year, each local school system shall administer a Department-approved kindergarten readiness assessment to all incoming kindergarten students that:

(a) Is racially and culturally unbiased;

(b) Is administered with the purpose for educators to develop a holistic picture of each child’s readiness for kindergarten and ensure that schools and communities are ready to support a child’s development in all areas; and

(c) May include an evaluation of:

(i) Language and literacy skills;

(ii) Academic knowledge in mathematics, science, and social studies;

(iii) Physical development; and

(iv) Social development.

(2) The Department-approved kindergarten readiness assessment is a diagnostic assessment for educators to develop a holistic picture of each child’s readiness for kindergarten and ensure that schools and communities are ready to support a child’s development in all areas.

(3) Except as provided in §A(4) of this regulation, the Department-approved kindergarten readiness assessment may not be administered to an enrolled prekindergarten student.

(4) The kindergarten readiness assessment may be administered to an enrolled prekindergarten student by a school psychologist or other school-based professional who intends to use the results of the kindergarten readiness assessment as one of several measures for early detection of learning challenges or to make a referral under COMAR 13A.05.01.

B. Assessment Process.

(1) Each local school system shall complete the administration of the Department-approved kindergarten readiness assessment no later than October 10 of each school year.

(2) A local school system may administer:

(a) A portion of the assessment to students in the local school system during the summer months before kindergarten begins; and

(b) The remaining portion of the assessment on or before October 10 of the school year.

(3) The Department shall return to the local school system the aggregate results of the assessment within 45 days after the administration of the assessment.

C. Consultation with Teachers. Before administering the Department-approved kindergarten readiness assessment, the local school system shall consult with kindergarten teachers, including teachers nominated by the exclusive bargaining representative, in determining how to implement the assessment.

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

 

Title 14
INDEPENDENT AGENCIES

Subtitle 04 MARYLAND TECHNOLOGY DEVELOPMENT CORPORATION

14.04.02 Investment Programs

Authority: Economic Development Article, §§10-409 and 10-4A-27, Annotated Code of Maryland

Notice of Proposed Action

[24-028-P]

The Maryland Technology Development Corporation proposes to amend Regulation .03 under COMAR 14.04.02 Investment Programs.

Statement of Purpose

The purpose of this action is to update the regulations to conform to Ch. 391, Acts of 2022, by amending the Maryland Technology Development Corporation’s (TEDCO) Investment Philosophy and Types of Qualified Business to exclude all investments under the Maryland Equity Investment Fund (MEIF) from the “early-stage business” definition provided in COMAR 14.04.01.01, which is generally applicable to new TEDCO investments. This amendment will broaden the scope of eligibility requirements for investments by MEIF, will enable later-stage venture and private equity companies to apply for an MEIF investment, and will better align MEIF investments with the investment policy of the State Retirement and Pension System (SRPS).

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed regulations are an update to existing, approved regulations and could potentially have a minor economic impact. The update includes amending TEDCO’s Investment Philosophy and Types of Qualified Businesses to exclude all investments under the Maryland Equity Investment Fund (MEIF) from the “early-stage business” definition provided in COMAR 14.04.01.01, which is generally applicable to new TEDCO investments, thereby broadening the scope of eligibility requirements for investments by MEIF and enabling more later-stage venture and private equity companies to apply for an MEIF investment.

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:

NONE

 

F. Direct and indirect effects on public:

 

 

Expansion of companies eligible for investment

(+)

Meaningful

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

F. Changes to the eligibility criteria will allow more qualified businesses to apply for an investment from TEDCO.

Economic Impact on Small Businesses

The proposed action may have a meaningful economic impact on small businesses. An analysis of this economic impact follows:

Small businesses that are qualified businesses and that are at later-stage economic growth may benefit from receiving an investment from the Maryland Equity Investment Fund.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Mindy Lehman, Chief Government Relations and Policy Officer, Maryland Technology Development Corporation, 10025 Governor Warfield Parkway, Suite 400, Columbia, MD 21044, or call 443-758-4043, or email to mlehman@tedcomd.com. Comments will be accepted through May 6, 2024. A public hearing has not been scheduled.

.03 Investment Philosophy and Types of Qualified Business.

TEDCO seeks and makes investments that align the objectives of economic development in the State and return on investment. The balance of these objectives varies from investment program to investment program. Except for follow-on investments and for all investments under COMAR 14.04.09, TEDCO’s investments are limited to early-stage technology-based businesses.

MINDY LEHMAN
Chief of Government Relations

 

Subtitle 22 COMMISSION ON CRIMINAL SENTENCING POLICY

Notice of Proposed Action

[24-026-P]

The Maryland State Commission on Criminal Sentencing Policy proposes to amend:

(1) Regulations .10 and .12 under COMAR 14.22.01 General Regulations; and

(2) Regulation .02 under COMAR 14.22.02 Criminal Offenses and Seriousness Categories.

Statement of Purpose

The purpose of this action is to modify Regulations .10 and .12 under COMAR 14.22.01 General Regulations and Regulation .02 under COMAR 14.22.02 Criminal Offenses and Seriousness Categories to replace references to “adjudication of guilt” with “adjudication”, “convicted offense” with “offense”, and “conviction” with “adjudication” or “offense” in instances where the intended meaning of “conviction” includes probation before judgement (PBJ) pursuant to either Criminal Procedure Article, §6-220(b) or 6-220(c), Annotated Code of Maryland. Additionally, the purpose of this action is to modify the table of seriousness categories (guidelines offense table) in Regulation .02 under COMAR 14.22.02 Criminal Offenses and Seriousness Categories to include several missing CJIS Codes.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to David Soulé, Executive Director, Maryland State Commission on Criminal Sentencing Policy, 4511 Knox Rd., Suite 309, College Park, MD 20740, or call 301-403-4165, or email to dsoule@umd.edu. Comments will be accepted through May 6, 2024. A public hearing has not been scheduled.

 

14.22.01 General Regulations

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

.10 Computation of the Offender Score.

A. (text unchanged)

B. Four Components of the Offender Score.

(1)—(2) (text unchanged)

(3) Prior Adult Criminal Record.

(a) (text unchanged)

(b) Criteria.

(i) (text unchanged)

(ii) The individual completing the worksheet shall count the number of prior adjudications [of guilt] according to the seriousness categories. If prior multiple adjudications relate to a single criminal event, the individual completing the worksheet shall score only the offense with the highest seriousness category. The prior adult criminal record shall score no more than one adjudication stemming from a single criminal event.

(iii)—(v) (text unchanged)

(c)—(h) (text unchanged)

(4) (text unchanged)

C. (text unchanged)

.12 Multiple Offense Scoring.

A. Single Criminal Event, Not More Than One Seriousness Category I or II Offense.

(1) (text unchanged)

(2) The individual completing the worksheet shall determine the overall guideline range by:

(a)—(b) (text unchanged)

(c) If there are separate offenses involving different victims, adding or “stacking” the highest of the upper guidelines limit for each offense with a unique victim. Only one [convicted] offense per distinct victim may be used to calculate the overall guidelines range. Animals may not be considered victims for the purposes of applying the multiple victims stacking rule.

B. (text unchanged)

C. Multiple Criminal Events, One Offense in Each Event.

(1) (text unchanged)

(2) The individual completing the worksheet shall calculate the guideline range for each [events convicted counts] event’s offenses. With the possible exception of part A (relationship to the criminal justice system), the offender score calculated for the first event is the same for all succeeding events, as long as they are being sentenced at the same time.

(3)—(4) (text unchanged)

D. (text unchanged)

 

14.22.02 Criminal Offenses and Seriousness Categories

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

.02 Seriousness Categories.

 

Offense Literal

CJIS
Code

Source

Felony or
Misd.

Max
Term

Min
Term

Offense Type

Ser.

Category

Fine

1—176-1  (text unchanged)

177

Handguns—In General
Handgun—unlawful wearing, carrying, etc., 2nd weapon offense, generally

1-1787

1-1788

CR, §4-203(c)(3)(i)1

Misd.

10Y

1Y

Person

III

 

177-1

Handguns—In General
Handgun—unlawful wearing, carrying, etc., more than two prior weapon offenses, generally

1-1789

1-1790

CR, §4-203(c)(4)(i)1

Misd.

10Y

3Y

Person

III

 

177-2  (text unchanged)

178

Handguns—In General
Handgun—unlawful wearing, carrying, etc., on school property,2nd weapon offense

[1-5212]

CR, §4-203(c)(3)(i)2

Misd.

10Y

3Y

Person

III

 

179—398  (text unchanged)

398-1

Weapons Crimes—In General

Wear, carry, or transport a firearm in an area for children or vulnerable individuals, a government or public infrastructure area, or a special purpose area

1-1791

1-1792

1-1793

CR, §4-111

Misd.

1Y



Person

VII

$1,000

398-2

Weapons Crimes—In General

Wear, carry, or transport a firearm while entering or trespassing in the dwelling or on the property of another without owner’s consent

[1-1792]

1-1794

1-1795

CR, §6-411

Misd.

1Y



Person

VII

$1,000

399—421  (text unchanged)

 

Footnotes (text unchanged)

General Rules:

(a)—(b) (text unchanged)

(c) For Prior Record calculations involving [offenses in which the offender has been convicted in another jurisdiction] an out of jurisdiction adjudication, the individual completing the worksheet shall match the offense as closely as possible to the closest analogous Maryland offense. If no Maryland analogous offense exists, the individual completing the worksheet shall count the offense in the lowest seriousness category (VII), and shall inform the judge and parties. If the out of jurisdiction [conviction] adjudication is based on an act that is not a criminal violation in Maryland (e.g., cannabis possession), then the out of jurisdiction [conviction] adjudication shall be excluded from the prior adult criminal record. If there is a question as to the analogous guidelines offense for an out-of-State [conviction] adjudication, that question should be brought to the attention of the judge at sentencing.

DAVID SOULE
Executive Director


Title 20
PUBLIC SERVICE COMMISSION

Subtitle 50 SERVICE SUPPLIED BY ELECTRIC COMPANIES

20.50.09 Small Generator Facility Interconnection Standards

Authority: Public Utilities Article, §§2-113, 2-121, 5-101, 5-303, and 7-306, Annotated Code of Maryland

Notice of Proposed Action

[24-020-P]

The Public Service Commission proposes to amend Regulations .02, .06, .09, .10, and .12—.14, repeal existing Regulation .07, and adopt new Regulation .07 under COMAR 20.50.09 Small Generator Facility Interconnection Standards. This action was considered by the Maryland Public Service Commission at a scheduled rule-making (RM 81) meeting held on January 9, 2024, notice of which was given under General Provisions Article, §3-302, Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to:

(1) Establish a modified definition for a “hosting capacity upgrade plan” under Regulation .02;

(2) Establish new definitions for “limited export interconnection customer agreement,” “meter collar adapter,” “primary voltage hosting capacity upgrade cost,” “primary voltage interconnection customer,” “rightsizing,” “secondary voltage hosting capacity upgrade cost,” and “secondary voltage interconnection customer” under Regulation .02;

(3) Expand flexible interconnection options for interconnection customers under Regulation .06;

(4) Establish new requirements for hosting capacity upgrade plans under Regulation .06;

(5) Propose a new cost allocation methodology for interconnection upgrades for primary voltage (i.e., greater than 600 volts) interconnection customers and secondary voltage (i.e., 600 volts or less) interconnection customers under Regulation .06;

(6) Eliminate and update regulations that have become outdated with the establishment of certified smart inverter requirements which became effective January 1, 2024, under Regulation .07;

(7) Establish new requirements related to public service company approval of meter collar adapter devices for small generator facility interconnection under Regulation .07;

(8) Establish new requirements for the use of power flow analysis associated with Level 1 and Level 2 small generator interconnection studies under Regulations .09 and .10;

(9) Remove financial requirements for interconnection customers associated with delays in electric distribution system upgrades for Level 4 small generator interconnection projects to be compatible with the proposed action for Regulation .06R under Regulation .12;

(10) Improve the dispute resolution process under Regulation .13; and

(11) Include additional reporting requirements for public service companies beginning on April 1, 2025, that are associated with the proposed action for Regulation .06R and remove one outdated reporting requirement associated with Solar Renewable Energy Credits (SRECs) under Regulation .14.

Estimate of Economic Impact

I. Summary of Economic Impact. These proposed actions to expand flexible interconnection options, implement hosting capacity upgrade plan improvements, improve interconnection study requirements’ facilitate the use of meter collar adapters, remove financial requirements for interconnection customers associated with delays in electric distribution system upgrades, and add a new cost allocation methodology for primary and secondary voltage interconnection upgrades will remove inestimable cost obstacles to interconnection of clean energy to the electric grid thereby helping to achieve State policy goals. Other aspects of the proposed action involving dispute resolution and reporting requirements are administrative in nature and will have minimal or no economic impact.

Secondary voltage interconnection customers (i.e., 600 volts or less) will participate in the future in a cost allocation methodology that may result in interconnection fee costs of approximately $100 or less for residential customers and approximately $10/kW or less for non-residential customers. Primary voltage interconnection customers (i.e., greater than 600 volts) will participate in the future in a cost allocation methodology that may result in approximate interconnection fee costs between $2/kW and $400/kW, depending on location of the interconnection request.

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:

 

 

Maryland electric utilities

(-)

N/A

 

E. On other industries or trade groups:

 

 

Distributed energy developers

(+)

N/A

F. Direct and indirect effects on public:

 

 

Maryland electric utility residential and small business customers

(+)

N/A

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

D. Maryland electric utilities may incur inestimable additional costs to implement these regulations and associated processes.

E. Since this proposed action changes the methodology by which interconnection upgrade costs are allocated among all interconnection customers, interconnection costs will be reduced for some distributed energy (e.g., solar) developers where these costs were previously an obstacle to interconnection with the tradeoff of adding a fee for other interconnection customers who previously were allowed to access available capacity (i.e., hosting capacity) on the grid for free. These fees and reduced interconnection upgrade costs will vary depending on many factors, and the total impacts are inestimable.

F. Since this proposed action changes the methodology by which interconnection upgrade costs are allocated among all interconnection customers, interconnection costs will be reduced for some residential and small business customers where these costs were previously an obstacle to interconnection with the tradeoff of adding a fee for other interconnection customers who previously were allowed to access available capacity (i.e., hosting capacity) on the grid for free. These fees and reduced interconnection upgrade costs will vary depending on many factors, and the total impacts are inestimable.

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 Andrew S. Johnston, Executive Secretary, Public Service Commission, 6 St. Paul Street, 16th Floor, Baltimore, MD 21202, or call 410-767-8067, or email to psc.rmcomments@maryland.gov. Comments will be accepted through May 6, 2024. A public hearing has not been scheduled.

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(16) (text unchanged)

(17) “Hosting capacity” means the amount of aggregate generation that can be accommodated on [the] an electric distribution system or area, or a system component, without requiring infrastructure upgrades.

(18) (text unchanged)

(19) “Hosting capacity upgrade plan” means a utility plan to promote clean energy interconnection for a particular area or a proposal to open multiple restricted and closed circuits or areas on an electric system in the aggregate through proactive distribution system investments that includes a cost allocation and recovery [method,] proposal, under conditions that are approved by the Commission.

(20)—(29) (text unchanged)

(30) “Limited export agreement” means an agreement for energy supplied to the grid by an interconnection customer that may be managed to specified ramp rates and generation levels for operating conditions, as specified in the interconnection agreement or in a separate limited export agreement.

[(30)] (31)[(31)] (32) (text unchanged)

(33) “Meter collar adapter” means an electronic device that is installed between a residential electric meter and the meter socket, for the purpose of facilitating the deployment of customer-owned or customer-leased technology.

[(32)] (34)[(41)] (43) (text unchanged)

(44) “Primary voltage hosting capacity upgrade cost” means the equipment upgrade costs of all interconnection equipment, interconnection facilities, protective devices and associated communications systems, and other upgrades that directly increase hosting capacity for multiple primary voltage and secondary voltage interconnection customers while excluding equipment upgrade costs that solely benefit a single interconnection customer, to the extent practicable and material.

(45) “Primary voltage interconnection customer” means an interconnection customer with a point of interconnection at greater than 600 nominal volts.

[(42)] (46)—[(46)] (50) (text unchanged)

(51) “Rightsizing” means to increase the size, scope, and cost of an electric utility hosting capacity upgrade project, following a distributed energy resource interconnection request, to account for both the immediate interconnection customer’s needs and future hosting capacity needs that are identified by the electric utility through a distributed energy resource forecast.

[(47)] (52)—[(48)] (53) (text unchanged)

(54) “Secondary voltage hosting capacity upgrade cost” means the costs of all primary voltage and secondary voltage interconnection equipment upgrades that directly increase secondary voltage hosting capacity available to multiple secondary voltage interconnection customers while excluding all primary voltage and secondary voltage interconnection equipment upgrade costs that solely benefit a single interconnection customer, to the extent practicable and material.

(55) “Secondary voltage interconnection customer” means an interconnection customer with a point of interconnection at less than or equal to 600 nominal volts.

[(49)] (56)—[(57)] (64) (text unchanged)

.06 General Requirements.

A.—K. (text unchanged)

L. Witness Test of Small Generator Facility.

(1)—(7) (text unchanged)

(8) For interconnection equipment that has not been [lab-certified] certified or [field-approved] approved under Regulation .07 of this chapter, the witness test may also include the verification by the utility specified in Section 8 of IEEE Standard 1547.1-2020.

(9)—(11) (text unchanged)

M.—O. (text unchanged)

[P. Inadvertent Export, Net System Capacity, and Proposed Use for Small Generator Facilities with Energy Storage Devices. Utilities shall approve interconnection requests for inadvertent export, net system capacity, and proposed use for small generator facilities subject to the following requirements:

(1) Small generator facilities using Level 3 interconnection requests are by definition nonexporting systems, and are not allowed to utilize inadvertent exports.

(2) Small generator facilities may inadvertently export power of a magnitude and duration as evaluated and allowed by the utility and as specified in their interconnection agreement. 30 seconds shall be used as a default inadvertent export duration unless the utility determines that this level duration will violate utility evaluation criteria.

(3) There are no limits on the number of times inadvertent exports occur in any given customer billing cycle.

(4) Small generator facilities may not have total inadvertent exports greater than the generating facility nameplate capacity multiplied by 1 hour per customer in each billing cycle.

(5) In the event that a small generator facility exceeds approved inadvertent export magnitude or duration limits, the small generator facility shall immediately cease to export real power to the grid until acceptable output control has been reestablished.

(6) If required by the utility, the small generator facility shall be subject to a verification reporting plan to monitor the small generator facility’s compliance with any inadvertent export or net system capacity requirements as documented in the interconnection agreement. A verification reporting plan may include periodic reports, online monitoring, or other verification methods, or it may be waived as agreed by the utility and interconnection customer.

(7) Failure of a small generator facility to demonstrate compliance with the facility’s verification reporting plan may result in the suspension of utility approvals in this section until the small generator facility agrees and implements an acceptable corrective action plan with the utility.]

P. Flexible Interconnection Options.

(1) Utilities shall approve interconnection requests while considering flexible interconnection options under a limited export agreement or, for inadvertent export, net system capacity and a proposed use subject to the requirements of this section.

(2) Inadvertent Export for Energy Storage Devices.

(a) Small generator facilities using Level 3 interconnection requests are non-exporting systems and are not allowed to utilize inadvertent exports.

(b) A utility may not approve an inadvertent export option if the interconnection customer lacks the appropriate standardized controls to ensure that the small generator facility shall operate as agreed upon in interconnection agreements.

(c) Small generator facilities may inadvertently export power of a magnitude and duration as evaluated and allowed by the utility and as specified in their interconnection agreement. Thirty seconds shall be used as a default inadvertent export duration unless the utility determines that this level duration shall violate utility evaluation criteria.

(d) There are no limits on the number of times inadvertent exports occur in any given customer billing cycle.

(e) Small generator facilities may not have total inadvertent exports greater than the generating facility nameplate capacity multiplied by 1 hour per customer in each billing cycle.

(f) In the event that a small generator facility exceeds approved inadvertent export magnitude or duration limits, the small generator facility shall immediately cease to export power to the grid until acceptable output control has been reestablished.

(3) Net System Capacity and Proposed Use.

(a) An interconnection customer may request that its interconnection request be based on the proposed use of the small generator facility and the impact of its proposed use on net system capacity.

(b) A utility may not approve a proposed use if the interconnection customer lacks the appropriate standardized controls to ensure that the small generator facility shall operate as agreed upon in interconnection agreements.

(c) In the event that a small generator facility exceeds the approved net system capacity for the proposed use, the small generator facility shall immediately cease to export power to the grid until acceptable output control has been reestablished.

(4) Limited Export Agreements.

(a) By January 1, 2025, a utility shall publish on its interconnection website a description of their limited export agreement policies and provide a process for interconnection customers to request these agreements to avoid the need for a hosting capacity upgrade project to accommodate an interconnection request, including the following:

(i) Limited export agreements shall be made available upon request only to Level 2 and Level 4 interconnection customers;

(ii) Limited export agreement terms shall be mutually agreed upon between a utility and an interconnection customer for operating conditions as specified in the interconnection agreement or in a separate limited export interconnection customer agreement; and

(iii) The method of implementation and control of the limited export agreement terms shall be mutually agreed upon between a utility and the interconnection customer and specified in the interconnection agreement or in a separate limited export interconnection customer agreement.

(b) A utility may not approve a limited export agreement if the interconnection customer lacks the appropriate standardized controls to ensure that the small generator facility shall operate as agreed upon in interconnection agreements.

(c) In the event that a small generator facility does not curtail and exceeds the approved limited export parameters stated in the interconnection agreement or a separate limited export interconnection customer agreement, the small generator facility shall immediately cease to export real power to the grid until acceptable output control has been reestablished.

(5) If required by the utility, the small generator facility shall be subject to a verification reporting plan to monitor the small generator facility’s compliance with any flexible interconnection option limits involving net system capacity, inadvertent export, proposed use, and limited export agreement requirements as documented in the interconnection agreement. A verification reporting plan may include periodic reports, online monitoring, or other verification methods, or it may be waived as agreed upon by the utility and interconnection customer.

(6) Utilities may include a recurring administrative fee in utility tariffs as a term in flexible interconnection option agreements to reimburse the utility for estimated additional costs to administer these agreements and the stated limiting conditions.

(7) Failure of a small generator facility to demonstrate compliance with the facility’s verification reporting plan may result in the suspension of utility approvals in this section until the small generator facility agrees and implements an acceptable corrective action plan with the utility within 30 calendar days of notification by the utility.

(8) A small generator facility shall cease to export power if it fails to provide an acceptable corrective action plan to the utility, pursuant to §P(7) of this regulation.

Q. Hosting Capacity.

(1) Utilities shall establish hosting capacity policies subject to the following requirements:

(a)—(b) (text unchanged)

(c) A utility may determine the amount of reserve hosting capacity on a restricted circuit based on a circuit-specific assessment of distributed energy resource forecasts or other factors including customer density, type of area served, and customer demographics of the circuit.

(d)—(e) (text unchanged)

[(2) To open multiple closed or restricted circuits in the aggregate, a utility may submit, or the Commission may require a utility to submit, a hosting capacity upgrade plan for the Commission’s review and approval.]

(2) A utility may submit for the Commission’s review and approval a hosting capacity upgrade plan or multiple plans to address or otherwise increase the utilities’ existing distribution aggregate circuit hosting capacity limits across the system, or in a specific area of an electric utility’s system, that are forecasted to be congested in the future if the utility’s forecast of distributed energy resource growth exceeds existing hosting capacity. These plans may be considered by the Commission if primary voltage hosting capacity upgrade fees, pursuant to Regulation .06R, exceed a threshold of the utility’s average cost per kilowatt for their aggregate customer funded hosting capacity upgrade projects completed in the previous year, unless good cause exists for a utility to request a waiver of this requirement.

(3) Hosting capacity upgrade plans that are submitted by a utility shall include:

(a) A description of the electric system areas to be included in the hosting capacity upgrade plan at the feeder and substation level;

(b) A description of the assumptions used for establishing and prioritizing the area covered by the hosting capacity upgrade plan and associated forecasts and timeline for hosting capacity utilization;

(c) A description of the assumptions used for modeling and establishing the cost of the hosting capacity upgrade plan;

(d) If the plan proposes that ratepayers bear any costs that would not be paid by future interconnection customers, a justification for the percentage cost allocation proposed between interconnection customers and ratepayers shall be provided, including descriptions of:

(i) How the proposed cost allocation was developed and what alternatives were considered, explaining and quantifying the benefits ratepayers are expected to receive from the upgrade; and

(ii) How the utility engaged with stakeholders, particularly the ratepayer advocate’s office, the Maryland Office of People’s Counsel, in the development of the Company’s cost allocation proposal;

(e) A description of the proposed cost allocation method in terms of dollars per kilowatt for a primary voltage hosting capacity fee for an interconnection customer;

(f) A description of the proposed cost allocation to ratepayers and the risks to ratepayers of unallocated hosting capacity upgrade costs if the hosting capacity upgrade does not become fully utilized; and

(g) A proposal for utility cost recovery that describes how hosting capacity upgrade costs shall be offset by future utility revenues from interconnection customers.

[(3)] (4)[(4)] (5)

R. Maryland Cost Allocation Method.

(1) Within 1 year of the effective date of this regulation, electric utilities shall submit an electric utility service tariff for Commission approval for a primary voltage hosting capacity cost sharing and allocation methodology for interconnection customers, as follows:

(a) The default hosting capacity cost sharing and allocation methodology for primary voltage interconnection customers shall be based on locational pricing to incentivize interconnection in areas with higher available hosting capacity and disincentivize interconnection in areas with lower available hosting capacity.

(b) A utility may petition the Commission to implement a hosting capacity cost sharing and allocation methodology for primary voltage interconnection customers that is not locationally based for “good cause” in their tariff filing.

(c) An interconnection request shall be eligible for hosting capacity cost sharing and allocation under this section unless they are exempted for the following reasons:

(i) The interconnection request is subject to the PJM Interconnection, LLC Tariff;

(ii) The interconnection request is in an area with its cost allocation governed by a hosting capacity upgrade plan approved by the Commission;

(iii) The interconnection is on a dedicated primary voltage feeder that may not benefit any other interconnection customer;

(iv) The interconnection is on a dedicated secondary voltage facility that may not benefit any other interconnection customer;

(v) The interconnection request is on an AC distribution grid or spot network; or

(vi) Other good cause as documented by the utility and reported, pursuant to Regulation .14 of this chapter.

(d) If an interconnection request is exempted, pursuant to §R(1)(c) of this regulation, the interconnection customer shall pay all interconnection costs as determined by the utility, unless the interconnection request is subject to the PJM Tariff or the interconnection request is in an area with its cost allocation governed by a hosting capacity upgrade plan approved by the Commission.

(e) If sufficient hosting capacity is not available at a point of interconnection for a primary voltage interconnection customer, an electric utility may propose a hosting capacity upgrade project to the interconnection customer or customers, as follows:

(i) The utility shall charge the primary voltage interconnection customer a hosting capacity fee for its share of the primary voltage hosting capacity upgrade cost proportional to the interconnection customer’s utilization of hosting capacity.

(ii) If more than one interconnection request exists in the interconnection queue that shall benefit from the electric utility proposed hosting capacity upgrade project, these interconnection customers shall be clustered together for the purpose of calculating hosting capacity fees.

(iii) Hosting capacity fees for clustered interconnection customers shall be calculated proportional to each interconnection customer’s utilization of the hosting capacity created by the hosting capacity upgrade project.

(iv) All hosting capacity upgrade costs in excess of hosting capacity fees collected shall be accumulated in a separate unallocated primary voltage hosting capacity upgrade cost account for future allocation to primary voltage interconnection customers.

(v) Unallocated hosting capacity upgrade costs for primary voltage interconnection customers shall be shared and allocated to other primary voltage interconnection customers using a primary voltage hosting capacity cost sharing and allocation methodology in an electric utility service tariff approved by the Commission.

(2) Within 1 year of the effective date of this regulation, electric utilities shall submit an electric utility service tariff for Commission approval for a secondary voltage cost sharing and fee for both residential and commercial interconnection customers, as follows:

(a) If sufficient hosting capacity is not available at a point of interconnection for a secondary voltage interconnection customer, an electric utility may construct a hosting capacity upgrade project for the interconnection customer or customers.

(b) All secondary voltage hosting capacity upgrade costs shall be accumulated in separate unallocated accounts for both residential and commercial secondary voltage interconnection customers for future allocation in hosting capacity fees.

(c) Unallocated hosting capacity upgrade costs for both residential and commercial secondary voltage interconnection customers shall be shared and allocated to other secondary voltage interconnection customers using a hosting capacity cost sharing and allocation fee in an electric utility service tariff approved by the Commission.

(3) Hosting capacity fees for primary voltage interconnection customers shall be reset using a cost sharing and allocation methodology approved by the Commission in an electric utility service tariff filing whenever a change in methodology is proposed, unless the fee is zero or the fee change is less than $1 per kilowatt.

(4) Hosting capacity fees for secondary voltage interconnection customers shall be reset annually using a cost sharing and allocation methodology approved by the Commission unless the fee is zero or the fee change is less than $1 per kilowatt from the current fee in the electric utility’s service tariff.

(5) A utility may submit for Commission approval an administrative charge in its service tariff to recover its administrative costs for managing the cost sharing and allocation methodology for primary and secondary voltage interconnection customers.

(6) A utility shall describe all hosting capacity upgrade project rightsizing projects describing their forecasts, inputs, and assumptions in their next rate case to assist stakeholders in a prudency review.

.07 Certified and Approved Equipment.

A. After January 1, 2024, any small generator facility inverter for which an interconnection request is submitted shall be deemed certified and approved if it meets the requirements of IEEE Standard 1547-2018 and UL Standard 1741-SB, except for inverters purchased pursuant to Regulation .06N(2) of this chapter.

B. After January 1, 2024, any small generator facility shall be deemed approved if the interconnection equipment including interface components such as switchgear, multifunction relays, or other interface devices are compatible with the interconnection equipment, pursuant to witness test requirements pursuant to Regulation .06L of this chapter.

C. An electric utility shall approve a meter collar adapter model for installation in its Maryland service area for specific compatible meter configurations and customer applications, provided that the meter collar adapter model meets the following criteria:

(1) The meter collar adapter model is approved or listed by a nationally recognized testing laboratory;

(2) The meter collar adapter model is approved for use in utility service areas, unless sufficient rational for disapproval is provided by an electric utility;

(3) All meter collar model installations, access, testing, inspections, servicing, and removals shall only be performed by a qualified person as agreed between the utility and the meter collar manufacturer;

(4) The meter collar adapter model design does not impede access to the sealed meter socket compartment, or to the meter itself by a qualified person;

(5) The meter collar adapter model is compatible with the National Electric Code; and

(6) The meter collar adapter model is compatible to the specific meter configurations and customer applications to ensure that the meter collar adapter is capable of being safely and reliably inserted into a meter socket to maintain a secure connection with both the meter socket and the utility meter.

D. An electric utility shall approve or disapprove a meter collar adapter model for installation in its service area no later than 90 days after a meter collar manufacturer submits a request for approval of the meter collar adapter, and a utility’s procedures shall be updated within 90 days of utility approval.

E. An electric utility shall provide an explanation to the requesting meter collar manufacturer explaining the reasons any meter collar adapter model application was denied.

F. A requesting meter collar adapter manufacturer may appeal the utility decision to the Commission using the dispute resolution process in Regulation .13 of this chapter.

G. An electric utility shall provide public notice of all decisions approving a meter collar adapter model by posting the information on the utility’s website.

H. An electric utility shall authorize the installation and operation of a utility approved meter collar adapter for a customer installation provided the meter collar adapter meets the following criteria:

(1) The meter collar adapter is qualified to be connected to the supply side of the service disconnect, pursuant to the applicable provisions of the National Electric Code;

(2) The meter collar adapter is rated for the meter socket into which it is intended to be installed;

(3) The meter collar adapters does not exceed the weight bearing limits of a meter socket;

(4) Multiple meter collar adapters are not stacked in a meter socket; and

(5) The meter collar adapter does not disable this excessive heating detection capability of AMI meters.

I. A utility shall uninstall an approved meter collar adapter in the aggregate if any deficiencies are found after installation that result in safety or operational concerns, if these concerns cannot be remediated by a customer for a specific installation or by a meter collar adapter manufacturer, in the aggregate.

J. The determination of violations in this regulation and the assessment of related civil penalties and corrective action plans shall be delegated to the Engineering Division.

.09 Level 1 Review.

A. The utility shall evaluate a Level 1 small generator facility for the potential for adverse system impacts using net system capacity, pursuant to Regulation .06A and B of this chapter, unless nameplate capacity is specifically required using the following:

(1)—(3) (text unchanged)

(4) As an alternative non-mandatory method to evaluate the adverse system impacts of a proposed Level 1 small generator facility on the distribution system, as described in §A(1)—(3) of this regulation, or as a mandatory next step prior to rejecting an interconnection request, pursuant to §E of this regulation, for Level 1 Review Failure, a utility may use a power-flow based analysis system [if the utility has submitted] with modeling of IEEE 1547-2018 inverter capabilities as follows, if its use may change the analysis result as determined by the utility:

[(a) A plan, subject to Commission approval, that describes its methodology for its power-flow based modeling system and includes reasoning for each screen used to evaluate an application; and

(b) Information about the system’s results, as required in Regulation .14 of this chapter;]

(a) For primary voltage systems, within 6 months of the effective date of this regulation; and

(b) For secondary voltage systems, within 2 years of the effective date of this regulation;

(5)—(6) (text unchanged)

B.—E. (text unchanged)

.10 Level 2 Review.

A. The utility shall evaluate a Level 2 small generator facility for the potential for adverse system impacts using net system capacity, pursuant to Regulation .06A and .06B of this chapter, unless nameplate capacity is specifically required using the following:

(1)—(8) (text unchanged)

(9) As an alternative non-mandatory method to evaluate the adverse system impacts of a proposed Level 2 small generator facility on the distribution system, as described in §A(1)—(8) of this regulation, or as a mandatory next step prior to rejecting an interconnection request, pursuant to §E of this regulation, for Level 1 Review Failure, a utility may use a power-flow based analysis system [if the utility has submitted:] with modeling of IEEE 1547-2018 inverter capabilities as follows, if its use may change the analysis result as determined by the utility:

[(a) A plan, subject to Commission approval, that describes its methodology for its power-flow based modeling system and includes reasoning for each screen used to evaluate an application; and

(b) Information about the system’s results, as required in Regulation .14 of this chapter;]

(a) For primary voltage systems, within 6 months of the effective date of this regulation; and

(b) For secondary voltage systems, within 2 years of the effective date of this regulation;

(10) (text unchanged)

(11) If the proposed interconnection facility requires a site-specific utility required inverter settings profile review or a minor system [modification,] modification without further study review needed, the utility shall notify the applicant of that requirement when it provides the Level 2 evaluation result, as follows:

(a) (text unchanged)

(b) If the applicant makes such an election, the utility shall provide an interconnection agreement, along with a non-binding good faith cost estimate and construction schedule for [those upgrades,] any minor system modifications to the applicant within 30 calendar days after the utility receives such an election; and

(c) (text unchanged)

B.—E. (text unchanged)

F. Failure to Meet Level 2 Criteria.

(1) (text unchanged)

(2) A utility shall:

(a) Within 30 calendar days, offer to perform additional review to determine whether minor system modifications [to the electric distribution system] or a site-specific utility required inverter settings profile would enable the interconnection to be made consistent with safety, reliability, and power quality criteria; [and]

(b) Provide the applicant with a nonbinding, good faith estimate of the costs of the additional review and minor system modifications[.]; and

(c) Advise the applicant if a limited export customer agreement could be used to facilitate reliable and safe interconnection to the electric distribution system.

(3)—(4) (text unchanged)

G.—H. (text unchanged)

.12 Level 4 Study Review.

A.—D. (text unchanged)

E. Interconnection Feasibility, Interconnection System Impact, and Interconnection Facilities Studies.

(1)—(2) (text unchanged)

(3) Interconnection Facilities Study.

(a)—(d) (text unchanged)

[(e) Delay in Electric Distribution System Upgrades.

(i) In the event that electric distribution system upgrades are identified in the impact study that will be required to be added only in the event that higher queue position customers not yet interconnected eventually will complete and interconnect their small generator facilities, an applicant may elect to interconnect without paying for such upgrades at the time of the interconnection under the condition that the customer shall pay for such upgrades at the time the higher queue position customer is ready to interconnect.

(ii) If the applicant does not pay for the cost of the electric distribution system upgrades at that time, the utility shall require the customer to immediately disconnect its small generator facility so that interconnection of the higher-queued customer can be accommodated.]

[(f)] (e)[(h)] (g) (text unchanged)

F.—G. (text unchanged)

.13 Dispute Resolution.

A. (text unchanged)

B. Dispute Resolution Before the Commission.

(1) If a dispute arises, the applicant or utility may seek immediate resolution through the procedures of COMAR 20.32.01[, or an alternative dispute resolution process approved by the Commission, by providing written notice to the Commission and the other party stating the issues in dispute].

(2) (text unchanged)

(3) [If available, dispute resolution may be conducted by phone.] If a dispute arises involving technical matters regarding the interconnection process, dispute resolution shall be delegated to the Commission’s Engineering Division.

[C. Dispute Resolution by Technical Master.

(1) If disputes relate to the technical matters regarding the interconnection process, upon the request of the applicant and utility and at their cost, the Commission may designate a technical master to resolve the dispute.

(2) The Commission may designate a Department of Energy National Laboratory, PJM Interconnection, LLC, a college or university with electric distribution system engineering expertise, or another electric distribution system expert unaffiliated with the interconnection process in dispute as the technical master.

(3) Upon Commission designation, the applicant and utility shall use the technical master to resolve disputes related to interconnection.

(4) Responsibility for the costs for a dispute resolution conducted by the technical master shall be determined either prior to submission of the dispute to the technical master by the applicant and utility, or by the technical master after the resolution of the dispute.]

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

E. If a satisfactory resolution is not achieved between the applicant and utility, the applicant or utility may request a hearing, pursuant to Public Utilities Article, §3-102, Annotated Code of Maryland.

.14 Record Retention and Reporting Requirements.

A.—B. (text unchanged)

C. A utility shall file not later than April 1 of each year a report entitled “Annual Small Generator Interconnection Report” to the Commission containing the following information for the preceding calendar year:

(1) The total number of [and the nameplate capacity of the] interconnection requests received, approved, and denied under Level 1, Level 2, Level 3, and Level 4 reviews;

[(2) The number of evaluations of interconnections requests approved and denied using any alternate process under Level 1, Level 2, Level 3, and Level 4 reviews;]

[(3)] (2)[(9)] (8) (text unchanged)

[(10)] (9) Beginning April 1, 2021, a utility shall also report annually for the previous year:

(a)—(c) (text unchanged)

(d) The number of interconnection requests for [net system capacity] flexible interconnection options totaled for Level 1, Level 2, Level 3, and Level 4 that were approved, denied, or suspended due to non-compliance;

(e) (text unchanged)

(f) The number of small generator facility projects that delay payment for a distribution system upgrade until the time a first higher small generator facility project in an interconnection queue is ready to interconnect; [and]

[(11)] (10) Beginning April 1, 2024, if Volt-Watt control is implemented in a utility’s default utility required inverter settings profile, a utility shall also report for the electric distribution system annually for the previous year:

(a)—(c) (text unchanged)

(d) Number of smart inverter related interconnection customer curtailment complaints unresolved[.]; and

(11) Beginning April 1, 2025, an electric utility shall report exemptions to Regulation .06R of this chapter annually for the previous year, including:

(a) The number of interconnection requests subject to the PJM Interconnection, LLC Tariff;

(b) The number of interconnection requests in an area governed by a hosting capacity upgrade plan approved by the Commission;

(c) The number of interconnection requests on a dedicated primary voltage feeder that may not benefit any other interconnection customer;

(d) The number of interconnection requests on a dedicated secondary voltage facility that may not benefit any other interconnection customer;

(e) The number of interconnection requests on an AC distribution grid or spot network;

(f) The number of interconnection requests exempted for other good cause; and

(g) The reason for good cause for each interconnection request exempted from Regulation .06R of this chapter.

D.—F. (text unchanged)

[G. The utility shall send a weekly electronic confidential report to Commission Staff of all solar facilities successfully interconnected. The weekly electronic confidential report shall:

(1) Be compatible with the format requirements of PSC and MD State IT departments to facilitate the processing of Solar Renewable Energy Credits (SRECs); and

(2) Contain the name of the customer, the address, the size of the facility (kW DC) and the date of final approval (net meter set).]

ANDREW S. JOHNSTON
Executive Secretary

 

Errata

COMAR 13A.12.07

     At 51:5 Md. R. 231 (March 8, 2024), column 1, line 32 from the top:

     For:        (7) Regulations .01.08 under COMAR 13A.12.05

     Read:      (7) Regulations .01.08 under COMAR 13A.12.07

[24-07-15]

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: January 1-31, 2024.

 

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: Macialek 1 Pad; ABR-201201010.R2; Washington Township, Wyoming County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: January 16, 2024.

RENEWAL - Chesapeake Appalachia, L.L.C.; Pad ID: Elwell; ABR-201201009.R2; Wilmot Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: January 16, 2024.

RENEWAL - Chesapeake Appalachia, L.L.C.; Pad ID: Redbone; ABR-201201004.R2; Wilmot Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: January 16, 2024.

RENEWAL - EQT ARO LLC; Pad ID: Lycoming H&FC Pad F; ABR-201309015.R2; Lewis Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: January 16, 2024.

RENEWAL - SWN Production Company, LLC; Pad ID: FLICKS RUN; ABR-201201011.R2; Cogan House Township, Lycoming County, Pa.; Consumptive Use of Up to 4.9990 mgd; Approval Date: January 16, 2024.

RENEWAL - SWN Production Company, LLC; Pad ID: TI-46 Bliss Pad; ABR-201701001.R1; Liberty Township, Tioga County, Pa.; Consumptive Use of Up to 4.9990 mgd; Approval Date: January 16, 2024.

RENEWAL - XPR Resources LLC; Pad ID: Alder Run Land 3H; ABR-201812003.R1; Cooper Township, Clearfield County, Pa.; Consumptive Use of Up to 0.9900 mgd; Approval Date: January 16, 2024.


RENEWAL - XPR Resources LLC; Pad ID: Alder Run Land LP 1H; ABR-201812002.R1; Cooper Township, Clearfield County, Pa.; Consumptive Use of Up to 0.9900 mgd; Approval Date: January 16, 2024.

SWN Production Company, LLC; Pad ID: NR 13 Brant West; ABR-202401001; Great Bend Township, Susquehanna County, Pa.; Consumptive Use of Up to 4.9990 mgd; Approval Date: January 16, 2024.

RENEWAL - Chesapeake Appalachia, L.L.C.; Pad ID: Alvarez; ABR-201301012.R2; Wilmot Township, Bradford County and Windham Township, Wyoming County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: January 28, 2024.

RENEWAL - Coterra Energy Inc.; Pad ID: SquierR P1; ABR-201401004.R2; Brooklyn Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: January 28, 2024.

RENEWAL - Repsol Oil & Gas USA, LLC; Pad ID: Johnson (02 135) K; ABR-201701003.R1; Hamilton Township, Tioga County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: January 28, 2024.

RENEWAL - Seneca Resources Company, LLC; Pad ID: Tolbert 263; ABR-201201022.R2; Jackson Township, Tioga County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: January 28, 2024.

RENEWAL - SWN Production Company, LLC; Pad ID: HEBDA-VANDEMARK; ABR-201201025.R2; Stevens Township, Bradford County, Pa.; Consumptive Use of Up to 4.9990 mgd; Approval Date: January 28, 2024.

RENEWAL - Chesapeake Appalachia, L.L.C.; Pad ID: Fox; ABR-201201007.R2; Mehoopany Township, Wyoming County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: January 30, 2024.

RENEWAL - Chesapeake Appalachia, L.L.C.; Pad ID: HOFFMAN UNIT PAD; ABR-201901002.R1; Overton Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: January 30, 2024.

RENEWAL - Chesapeake Appalachia, L.L.C.; Pad ID: Kathryn; ABR-201201006.R2; Wilmot Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: January 30, 2024.

RENEWAL - Chesapeake Appalachia, L.L.C.; Pad ID: Raimo; ABR-201201005.R2; Monroe Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: January 30, 2024.

RENEWAL - Chesapeake Appalachia, L.L.C.; Pad ID: Ridenour; ABR-201201008.R2; Cherry Township, Sullivan County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: January 30, 2024.

RENEWAL - Chesapeake Appalachia, L.L.C.; Pad ID: Rogers Drilling Pad; ABR-201401006.R2; Lenox Township, Susquehanna County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: January 30, 2024.

RENEWAL - Chesapeake Appalachia, L.L.C.; Pad ID: Yoder Drilling Pad #1; ABR-201201003.R2; Leroy Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: January 30, 2024.

RENEWAL - Range Resources - Appalachia, LLC; Pad ID: Corson, Eugene 1H-6H; ABR-201201017.R2; Anthony Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: January 30, 2024.

RENEWAL - Repsol Oil & Gas USA, LLC; Pad ID: COOLEY (05 266) D; ABR-201901003.R1; Pike Township, Bradford County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: January 30, 2024.

RENEWAL - SWN Production Company, LLC; Pad ID: NR-15-HUGHES-PAD; ABR-201401007.R2; Great Bend Township, Susquehanna County, Pa.; Consumptive Use of Up to 4.9990 mgd; Approval Date: January 30, 2024.

RENEWAL - SWN Production Company, LLC; Pad ID: WY 04 DIMMIG; ABR-201401009.R2; Forkston Township, Wyoming County, Pa.; Consumptive Use of Up to 4.9990 mgd; Approval Date: January 30, 2024.

RENEWAL - Chesapeake Appalachia, L.L.C.; Pad ID: Burkhart; ABR-201201028.R2; Forks Township, Sullivan County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: January 31, 2024.

RENEWAL - Chesapeake Appalachia, L.L.C.; Pad ID: Calmitch; ABR-201201029.R2; Wilmot Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: January 31, 2024

RENEWAL - Chesapeake Appalachia, L.L.C.; Pad ID: Finan; ABR-201301014.R2; Wilmot Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: January 31, 2024.

RENEWAL - Chesapeake Appalachia, L.L.C.; Pad ID: Rosiemar; ABR-201301016.R2; Auburn Township, Susquehanna County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: January 31, 2024.

RENEWAL - Repsol Oil & Gas USA, LLC; Pad ID: Barner 709; ABR-201201031.R2; Liberty Township, Tioga County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: January 31, 2024.

 

AUTHORITY: Public Law 91-575, 84 Stat. 1509 et seq., 18 CFR parts 806 and 808.

 

DATED: February 28, 2024

JASON E. OYLER
General Counsel and Secretary to the Commission

[24-07-10]

 

SUSQUEHANNA RIVER BASIN COMMISSION

Actions Taken at the March 14, 2024 Meeting

AGENCY: Susquehanna River Basin Commission

 

ACTION: Notice.

 

SUMMARY: As part of its regular business meeting held on March 14, 2024, in Harrisburg, Pennsylvania, the Commission approved the applications of certain water resources projects and took additional actions, as set forth in the Supplementary Information below.

 

DATES: March 14, 2024.

 

ADDRESSES: Susquehanna River Basin Commission, 4423 N. Front Street, Harrisburg, PA 17110-1788.

 

FOR FURTHER INFORMATION CONTACT: Jason E. Oyler, General Counsel and Secretary, 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. See also the Commission website at www.srbc.gov.

SUPPLEMENTARY INFORMATION: In addition to the actions taken on projects identified in the summary above, these actions were also taken: (1) approved one grant agreement; (2) adopted General Permit GP-03; (3) approved an authorization to release a proposed rulemaking regarding agency procurement for public comment, and (4) actions on 25 regulatory program projects.

 

Project Applications Approved:

Project Sponsor and Facility: ADLIB Resources, Inc. (Meshoppen Creek), Springville Township, Susquehanna County, Pa. Application for renewal of surface water withdrawal of up to 0.499 mgd (peak day) (Docket No. 20190301).

Project Sponsor and Facility: Beech Resources, LLC (Lycoming Creek), Lycoming Township, Lycoming County, Pa. Application for surface water withdrawal of up to 1.500 mgd (peak day).

Project Sponsor and Facility: Cherokee Pharmaceuticals, LLC (Susquehanna River), Riverside Borough, Northumberland County, Pa. Modification to extend the approval terms of the consumptive use and surface water withdrawal approvals (Docket Nos. 20090310 and 20090311) while the facility begins to decommission operations through 2028, and a phased reduction in the surface water withdrawal from 34.392 mgd to 5.100 mgd (peak day) and consumptive use from 0.999 mgd to 0.200 mgd (peak day).

Project Sponsor and Facility: Chesapeake Appalachia, L.L.C. (Susquehanna River), Braintrim Township, Wyoming County, Pa. Application for renewal of surface water withdrawal of up to 3.000 mgd (peak day) (Docket No. 20190303).

Project Sponsor and Facility: Chesapeake Appalachia, L.L.C. (Susquehanna River), Wysox Township, Bradford County, Pa. Modification to increase surface water withdrawal by an additional 2.001 mgd (peak day) for a total withdrawal of up to 3.000 mgd (peak day) (Docket No. 20220603).

Project Sponsor and Facility: Conestoga Country Club, Manor Township, Lancaster County, Pa. Application for renewal of groundwater withdrawal of up to 0.281 mgd (30-day average) from Well 1 (Docket No. 20080617).

Project Sponsor: Dauphin County General Authority. Project Facility: Highlands Golf Course, Swatara Township, Dauphin County, Pa. Application for renewal of consumptive use of up to 0.249 mgd (30-day average) (Docket No. 19940104).

Project Sponsor: East Hempfield Township. Project Facility: Four Seasons Golf Club, East Hempfield Township, Lancaster County, Pa. Applications for renewal of groundwater withdrawal of up to 0.199 mgd (30-day average) from Well C and consumptive use of up to 0.304 mgd (peak day) (Docket No. 19970504).

Project Sponsor: Golf Enterprises, Inc. Project Facility: Valley Green Golf Course, Newberry Township, York County, Pa. Application for renewal of consumptive use of up to 0.099 mgd (30-day average) (Docket No. 20021019).

Project Sponsor: Greater Hazleton Community-Area New Development Organization, Inc. Project Facility: CAN DO, Inc. – Corporate Center, Butler Township, Luzerne County, Pa. Application for groundwater withdrawal of up to 0.288 mgd (30-day average) from Well 2.

Project Sponsor and Facility: Greylock Production, LLC (Genesee Forks), Hector Township, Potter County, Pa. Application for surface water withdrawal of up to 1.440 mgd (peak day).

Project Sponsor and Facility: Greylock Production, LLC (Pine Creek), Ulysses Township, Potter County, Pa. Application for surface water withdrawal of up to 2.592 mgd (peak day).

Project Sponsor and Facility: Hegins-Hubley Authority, Hegins Township, Schuylkill County, Pa. Application for renewal of groundwater withdrawal of up to 0.110 mgd (30-day average) from Well 5 (Docket No. 19981204).

Project Sponsor and Facility: Keystone Potato Products, LLC, Frailey Township, Schuylkill County, Pa. Applications for groundwater withdrawal of up to 0.140 mgd (30-day average) from Well 2 and consumptive use of up to 0.140 mgd (30-day average).

Project Sponsor: New Enterprise Stone & Lime Co., Inc. Project Facility: Laflin Quarry, Plains Township, Luzerne County, Pa. Modification to increase consumptive use by an additional 0.240 mgd (30-day average) for a total consumptive use of up to 0.280 mgd (30-day average) (Docket No. 20230613).

Project Sponsor and Facility: New Holland Borough Authority, Earl Township, Lancaster County, Pa. Application for groundwater withdrawal of up to 0.391 mgd (30-day average) from Well 1.

Project Sponsor: Post Consumer Brands, LLC. Project Facility: Bloomsburg Plant, South Centre Township, Columbia County, Pa. Applications for renewal of groundwater withdrawal of up to 0.530 mgd (30-day average) from Well 6 and consumptive use of up to 0.800 mgd (peak day) (Docket No. 19910709).

Project Sponsor and Facility: PPG Operations LLC (West Branch Susquehanna River), Goshen Township, Clearfield County, Pa. Modification to review withdrawal and approval for use of AMD-impacted water under Commission Policy No. 2021-04 (Docket No. 20210605).

Project Sponsor: Rich Valley Golf, Inc. Project Facility: Rich Valley Golf Course (Conodoguinet Creek), Silver Spring Township, Cumberland County, Pa. Applications for renewal of surface water withdrawal of up to 0.325 mgd (peak day) and consumptive use of up to 0.325 mgd (30-day average) (Docket No. 19990306).

Project Sponsor and Facility: Seneca Resources Company, LLC (Cowanesque River), Westfield Township, Tioga County, Pa. Application for renewal of surface water withdrawal of up to 0.375 mgd (peak day) (Docket No. 20190311).

Project Sponsor: Shadow Ranch Resort, Inc. Project Facility: Shadowbrook Resort (Tunkhannock Creek), Tunkhannock Township, Wyoming County, Pa. Application for renewal of surface water withdrawal of up to 0.999 mgd (peak day) (Docket No. 20190307).

Project Sponsor and Facility: Sugar Hollow Water Services LLC (Martins Creek), Hop Bottom Borough, Susquehanna County, Pa. Application for renewal of surface water withdrawal of up to 0.360 mgd (peak day) (Docket No. 20190310).

Project Sponsor and Facility: SWN Production Company, LLC (Martins Creek), Brooklyn Township, Susquehanna County, Pa. Application for renewal of surface water withdrawal of up to 0.997 mgd (peak day) (Docket No. 20190312).

 

Projects Tabled:

Project Sponsor and Facility: East Cocalico Township Authority, East Cocalico Township, Lancaster County, Pa. Application for renewal of groundwater withdrawal of up to 0.115 mgd (30-day average) from Well 2A (Docket No. 19990901).

Project Sponsor and Facility: Newport Borough Water Authority, Oliver Township, Perry County, Pa. Application for early renewal of groundwater withdrawal at an increased rate of up to 0.096 mgd (30-day average) from Well 1 (Docket No. 20140908).

 

AUTHORITY: Public Law 91-575, 84 Stat. 1509 et seq., 18 CFR parts 806, 807, and 808.

 

DATED: March 15, 2024

JASON E. OYLER
General Counsel and Secretary to the Commission

[24-07-09]

 

SUSQUEHANNA RIVER BASIN COMMISSION

18 CFR Part 801 — Review and Approval of Projects

 

AGENCY: Susquehanna River Basin Commission.

 

ACTION: Notice of proposed rulemaking; notice of public hearing.

 

SUMMARY: This document contains proposed rules that would amend the regulations of the Susquehanna River Basin Commission (Commission) to provide rules for agency procurement and bid protest procedures. This rulemaking also updates the general policies of the Commission to include climate change and environmental justice, revises the procedures regarding the adoption of the comprehensive plan and adds language memorializing the Commission’s Dry Cooling Resolution. These rules are designed to clarify the Commission’s existing authorities to manage the water resources of the basin and provide transparency and accountability procedures to the Commission’s public procurement practices.

 

DATES: Comments on the proposed rulemaking may be submitted to the Commission on or before May 13, 2024. The Commission has scheduled a public hearing on the proposed rulemaking to be held by in person and by telephone on May 2, 2024. The location of the public hearing is listed in the ADDRESSES section of this document.

 

ADDRESSES: Comments may be mailed to: Jason E. Oyler, Esq., General Counsel, Susquehanna River Basin Commission, 4423 N. Front Street, Harrisburg, PA 17110-1788, or e-mailed to regcomments@srbc.net. This public hearing will be conducted in person and by telephone. You may attend in person at Susquehanna River Basin Commission, 4423 N. Front St., Harrisburg, Pennsylvania, or join by telephone at Toll-Free Number 1-877-304-9269 and then enter the guest passcode 2619070 followed by #.

Those wishing to testify are asked to notify the Commission in advance, if possible, at the regular or electronic addresses given below.

 

FOR FURTHER INFORMATION CONTACT: Jason E. Oyler, Esq., General Counsel, telephone: 717-238-0423, ext. 1312; fax: 717-238-2436; e-mail: joyler@srbc.net. Also, for further information on the proposed rulemaking, visit the Commission’s website at http://www.srbc.net.

 

SUPPLEMENTARY INFORMATION: The Commission is proposing revisions to Part 801 to add rules for agency procurement and bid protest procedures and amend the existing rules to include climate change and environmental justice, to revise the procedures regarding the adoption of the comprehensive plan and to memorialize the Commission’s Dry Cooling Resolution.

 

Addition of § 801.15 Commission Procurement Procedures; Protests

     The Commission, as an independent compact agency, is not subject to any of its member jurisdictions’ laws regarding public procurement. The Susquehanna River Basin Compact provides the rules governing purchasing by the Commission in Section 15.9. The Compact also provides the Commission the ability to provide for the internal organization and administration of the Commission (Section 15.1(b)(3)) and to make rules and regulations to effectuate the Compact (Section 15.2).

     As a companion to this rulemaking, the Commission is also seeking comment on a proposed policy entitled “SRBC Procurement Procedures” that outlines the details and procedures related to the purchasing and procurement of goods and services by the Commission. The adoption and any revisions to this policy shall be consistent with § 15.9 of the Compact and undertaken in accordance with appropriate public notice and comment consistent with the requirements of 18 CFR § 808.1(b).

     The goal of the rulemaking is to provide more transparency to the Commission’s procurement process as well as to establish a bid protest procedure. The proposed rule provides that a protest must be filed with the Commission within ten calendar days after the aggrieved protestant knew or should have known of the facts giving rise to the protest. In no event may a protest be filed later than ten calendar days after the date the contract was awarded. These time frames differ from the 30 day appeal period for other administrative appeals in 18 CFR § 808.2, but are generally in line with the bid protest timelines of our member jurisdictions. The rule outlines the exclusive procedure for procurement protests before the Commission.

 

Other Changes Proposed to Part 801

     The proposed rulemaking also provides other changes to the existing Part 801 that the Commission deems beneficial. The Commission proposes to amend § 801.2 to remove paragraph (b)(9) requiring periodic reports be submitted to the Commission as that practice no longer occurs. In its place, the Commission proposes to work with our member jurisdictions on actions that can be taken to improve climate resiliency and address environmental justice. This change reflects the additions of these critical issues to the Commission’s adopted 2021-2041 Comprehensive Plan.

     Additional changes are proposed to revise § 801.5 related to the Comprehensive Plan. The process, presentation and layout for the adoption of the Comprehensive Plan has evolved since 1973. The proposed revisions more accurately reflect the modern process that was most recently used in 2021, but also are designed in a way that is meant to be more adaptable for future plan revisions and adoptions. Notably, the proposed process in § 801.5(a)(4) will enable the list of projects approved by the Commission each quarter to be included in the Comprehensive Plan by their continual updating in the publicly available viewer application (currently the Water Application and Approval Viewer, or WAAV).

     Finally, the Commission proposes the addition of paragraph (d) to § 801.12 related to electric power generation facilities. This new paragraph memorializes and elevates the Use of Dry Cooling Technology for Power Generation and Other Facilities, Commission Resolution No. 2015-02 (Dry Cooling Resolution). The Dry Cooling Resolution has been instrumental in reducing the water consumption of new power plants in the basin. The Commission recognizes that an increasing number of power generation facilities, most recently combined cycle natural gas powered plants, are utilizing dry cooling technology to reduce the environmental footprint in the basin, and are demonstrating overall efficiencies in operations that are equivalent to wet cooling processes. Dry cooling technology significantly reduces the water demand of such facilities and provides increased flexibility in siting facilities in proximity to fuel sources and electrical transmission lines. Use of dry cooling technology reduces impacts to aquatic ecosystems through the reduction of thermal impacts associated with large industrial volume discharges. The proposal would require consideration of dry cooling technologies to any new or significantly modified power generation facilities and an alternatives analysis to continue the consideration of water conservation technologies in an industry that is the largest consumptive user of water in the basin.

 

List of Subjects in 18 CFR Part 801

     Administrative practice and procedure, Water resources.

     Accordingly, for the reasons set forth in the preamble, the Susquehanna River Basin Commission proposes to amend 18 CFR part 801 as follows:

PART 801—GENERAL POLICIES

          1. The authority citation for part 801 continues to read as follows:

Authority: Secs. 3.1, 3.4, 3.5(1), 15.1 and 15.2, Pub. L. 91-575 (84 Stat. 1509 et seq.)

          2. Amend § 801.2 by revising paragraph (b)(9) as follows:

 

§ 801.2 Coordination, cooperation, and intergovernmental relations.

* * * * *

(b) * * *

     (9) Coordinate and cooperate with the appropriate agencies of a member jurisdiction on implementing actions to address resiliency in the face of changing climatic conditions and to support the aims of environmental justice.

          3. Revise § 801.5 to read as follows:

 

§ 801.5 Comprehensive plan.

(a) The Compact requires that the Commission formulate and adopt a comprehensive plan for the immediate and long-range development and use of the water resources of the basin.

     (1) The plan will include existing and proposed public and private programs, projects, and facilities which are required, in the judgment of the Commission, to meet present and future water resources needs of the basin. Consideration shall be given to the effect of the plan, or any part of the plan, on the receiving waters of the Chesapeake Bay. The Commission shall consult with interested public bodies and public utilities and fully consider the findings and recommendations of the signatory parties, their various subdivisions and interested groups. Prior to adoption of the plan the Commission shall conduct at least one public hearing in each signatory State.

     (2) The plan will reflect consideration of multiple objectives, including economic growth; sustainable regional development and environmental resilience; coordinated study and consideration of water quantity and water quality and the nexus with existing and proposed land uses; and the promotion of cooperation and collaboration between all levels of government and non-governmental entities.

     (3) The Commission will strive to complete a comprehensive update of the comprehensive plan every 20 years. If adjustments are needed during the life span of the plan to address emergent priorities, goals, or objectives, the comprehensive plan will be revised in accordance with requirements of the Compact.

     (4) Projects requiring Commission review and approval will be included in the comprehensive plan after formal action is taken at Commission business meetings. Approved projects will be incorporated into the comprehensive plan and accessible via the Commission’s Water Application and Approval Viewer or successor viewer applications.

(b) The comprehensive plan shall provide for the immediate and long-range use, development, conservation, preservation, and management of the water resources of the basin. The plan will be presented in a form and order as determined by the Commission and shall include but not be limited to the following:

     (1) Statement of authority, purpose, objectives, and scope.

     (2) Identification of priorities, goals and objectives of the Commission.

     (3) Inventory of the basin’s water resources and existing developments, projects and facilities.

     (4) Projection of immediate and long range water resources needs of the basin.

     (5) Outline of plan implementation measures.

     (6) Procedures for updating and modifying the plan.

     (7) Necessary appendices.

          4. Amend § 801.12 by adding paragraph (d) to read as follows:

 

§ 801.12 Electric power generation.

* * * * *

(d) Project sponsors proposing new or significantly modified power generation plants in the basin shall consider the use of dry cooling technologies and submit to the Commission a rigorous alternatives analysis. This analysis shall include evaluation of the costs, benefits, trade-offs and drawbacks of various cooling and water conservation techniques, and a full evaluation of options for providing effective consumptive use mitigation.

     5. Add § 801.15 to read as follows:

 

§ 801.15 Commission Procurement Procedures; Protests.

(a) Procedures. The Commission shall maintain a policy entitled “SRBC Procurement Procedures” that outlines the details and procedures related to the purchasing and procurement of goods and services by the Commission. Any revisions to this policy shall be consistent with § 15.9 of the Compact and undertaken in accordance with appropriate public notice and comment consistent with the requirements of § 808.1.

(b) Right to Protest. A bidder or offeror, a prospective bidder or offeror or a prospective contractor that is aggrieved in connection with the solicitation or award of a contract, may protest to the Commission in writing.

(c) Filing of Protest. A protestant shall file the protest on a form and in a manner prescribed by the Commission. A protest shall be filed within ten calendar days after the aggrieved protestant knew or should have known of the facts giving rise to the protest, except that in no event may a protest be filed later than ten calendar days after the date the contract was awarded. The failure to file a timely protest shall be deemed as a waiver of the right to protest by any bidder or offeror, prospective bidder or offeror or a prospective contractor. Untimely filed protests shall be disregarded by the Commission. The Executive Director or his/her designee shall be the presiding officer to hear the bid protest. The awardee of the contract, if any, will be informed by the Commission of any bid protest that may affect the contract and the awardee may intervene as a party in any protest filed.

(d) Contents of Protest. A protest shall state all the grounds upon which the protestant asserts the solicitation or award of the contract was improper. The protestant may submit with the protest any documents or information it deems relevant to the protest.

(e) Response and Reply. Within 15 calendar days of receipt of a protest, the purchasing officer may submit to the presiding officer and the protestant a response to the protest, including any documents or information deemed relevant to the protest. The protestant may file a reply to the response within ten calendar days of the response.

(f) Evaluation of Protest. The presiding officer shall review the protest and any response or reply and may request and review such additional documents or information as they deem relevant to render a decision and may, at their sole discretion, conduct a hearing consistent with § 808.3. All parties will be provided with a reasonable opportunity to review and address any additional documents or information deemed relevant by the presiding officer to render a decision. Additional documents and information deemed relevant by the presiding officer will be included in the record.

(g) Findings and Report. Upon completing an evaluation of the protest, the presiding officer shall prepare a report of their findings and recommendations based on the record. The report shall be served by electronic mail or certified mail upon each party to the proceeding. Any party may file objections to the report. Such objections to the report shall be filed with the Commission and served on all parties within 20 calendar days after service of the report. A brief shall be filed together with the objections. Any replies to the objections and briefs will be filed and served on all parties within ten calendar days of service of the objections. Prior to its decision on such objections, the Commission may, in its sole discretion, grant a request for oral argument.

(h) Action by the Commission. The Commission will review the findings and recommendations of the presiding officer and the objections and render a determination. The Commission’s determination will be in writing and will be served by electronic or certified mail upon each party to the proceeding.

(i) Appeal. Any final action by the Commission may be appealed to the appropriate United States District Court within 90 days as set forth in § 3.10(6) and Federal reservation (o) of the Compact.

(j) Record of Determination. The Commission’s record of determination for review by the court shall consist of the solicitation; the contract, if any; the administrative record of the protest before the presiding officer; the report of the presiding officer, along with any objections and replies filed; transcripts and exhibits, if any; and the final determination of the Board of Commissioners.

(k) Stay of Procurement During Pendency of Protest. In the event a protest is filed timely under this section, the purchasing officer shall not proceed further with the solicitation or with the award of the contract unless and until the Executive Director makes a written determination that the protest is clearly without merit, or that award of the contract without delay is necessary to protect substantial interests of the Commission, or until the Commission enters a final determination under paragraph (h) of this section.

(l) Exclusive Procedure. This section shall be the exclusive procedure for protesting a solicitation or award of a contract by a bidder or offeror, a prospective bidder or offeror or a prospective contractor that is aggrieved in connection with the solicitation or award of a contract by the Commission.

 

DATED: March 18, 2024

JASON E. OYLER
Secretary to the Commission

[24-07-12]

 

WATER AND SCIENCE ADMINISTRATION

Water Quality Certification 23-WQC-0015

 

Maryland Dept of Natural Resources

     And

City of Crisfield

     c/o Chris Rager

Bayland Consultants & Designers, Inc

7455 New Ridge Road, Suite T

Hanover, MD 21076

 

Add’l. Info: Pursuant to COMAR 26.08.02.10F(3)(c), The Maryland Department of the Environment is providing notice of its issuance of a Water Quality Certification 23-WQC-0015.

 

Location: 715 Broadway Crisfield, in Somerset County, Maryland

 

The purpose of this project is to improve navigable access.

 

Description of Authorized Work:

     1. Remove 61,659 square feet of existing piers, 5,895 square feet of walkway, 7,824 square feet of boat ramp structures, 604 mooring piles and four dolphins;

     2. Construct and backfill a 3,948-foot long Fiber Reinforced Polymer (FRP) Composite Sheeting bulkhead within a maximum of 1.5 feet channelward of the mean high water line including a 266-foot long section supported by batter piles;

3. Reconfigure the marina by constructing piers A through E, H through M, and O through P with associated structures; construct a 370-foot long by 8-foot wide floating pier to access Piers H, I, and J with associated structures; and replace the decking and stringers of a 587-foot long by 9-foot wide catwalk pier and associated structures; all within the existing marina footprint;

     4. Reconstruct a 105-foot long by 36-foot wide concrete boat ramp and two 79-foot long by 16-foot wide boat ramps with two 106-foot long by 8-foot wide floating piers all within a maximum of 106 feet channelward of the mean high water line;

     5. Replace in-kind ten stormwater drain outfalls with reinforced concrete pipe and tide valves; and

     6. Construct a new 24-inch diameter reinforced concrete pipe stormwater outfall.

 

The WQC and its attachments may be viewed at the following link:

https://mde.maryland.gov/programs/Water/WetlandsandWaterways/Pages/WQC.aspx

 

Appeal of Final Decision. This Water Quality Certification is a final agency decision. Any person aggrieved by the Department’s decision to issue this WQC may appeal such decision in accordance with COMAR 26.08.02.10F(4). A request for appeal shall be filed with the Department within 30 days of publication of the final decision and specify in writing the reason why the final decision should be reconsidered. A request for appeal shall be submitted to: Secretary of the Environment, Maryland Department of the Environment, 1800 Washington Boulevard, Baltimore, MD 21230. Any request for an appeal does not stay the effectiveness of this WQC.

 

Contact: Mary Phipps-Dickerson at mary.phipps-dickerson@maryland.gov or 443-509-0797.

[24-07-16]

 

WATER AND SCIENCE ADMINISTRATION

Water Quality Certification 23-WQC-0049

 

County Commissioners of Worcester County Maryland

     c/o David Bradford

1 West Market Street, Room 103

Snow Hill, MD 21863

 

Add’l. Info: Pursuant to COMAR 26.08.02.10F(3)(c), The Maryland Department of the Environment is providing notice of its issuance of a Water Quality Certification 23-WQC-0049

 

Location: Golf Course Road, Ocean City, MD 21842

 

The purpose of the project is to improve navigable access.

 

Description of Authorized Work:

New dredge by mechanical method a 342,375 square foot area to a maximum depth of 10 feet at mean low water and transport approximately 15,700 cubic yards of dredge material to an approved upland disposal site at 7968 Libertytown Road, Berlin, Friendship Road, Berlin, or Langmaid Road, Newark, all in Worcester County;

Provide for subsequent maintenance dredging for a period of six years.

 

The WQC and its attachments may be viewed at the following link:

https://mde.maryland.gov/programs/Water/WetlandsandWaterways/Pages/WQC.aspx

 

Appeal of Final Decision. This Water Quality Certification is a final agency decision. Any person aggrieved by the Department’s decision to issue this WQC may appeal such decision in accordance with COMAR 26.08.02.10F(4). A request for appeal shall be filed with the Department within 30 days of publication of the final decision, and specify in writing the reason why the final decision should be reconsidered. A request for appeal shall be submitted to: Secretary of the Environment, Maryland Department of the Environment, 1800 Washington Boulevard, Baltimore, MD 21230. Any request for an appeal does not stay the effectiveness of this WQC.

 

Contact: Miles Simmons at robertm.simmons@maryland.gov or at 410-901-4044.

[24-07-13]

 

 

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.

 

COMMISSION ON STATE DEBT

Subject: Public Meeting

Date and Time: April 11, 2024, 10 a.m. — 12 p.m.

Place: Louis L. Goldstein Treasury Bldg., 80 Calvert St., First Fl. Assembly Rm., Annapolis, MD

Add’l. Info: Annual meeting to recommend a State tax rate on real and personal property.

Contact: Rebecca Ruff 410-260-4021

[24-07-17]

 

DEPARTMENT OF THE ENVIRONMENT

Subject: Public Meeting

Date and Time: April 24, 2024, 9 a.m.

Place: Via Google Hangouts, Meet, and in-person at 1800 Washington Boulevard, Baltimore MD 21230

Add’l. Info: A portion of this meeting will be held in closed session.

Contact: Amanda Redmiles 410-537-4466

[24-07-05]

 

MARYLAND DEPARTMENT OF HEALTH

Subject: Public Meeting

Date and Time: April 19, 2024, 12 — 1:30 p.m.

Place: Via Google Meet — please see details below.

Add’l. Info: Joining information:

     https://meet.google.com/efh-hwhp-ydv

     Or call: +1 641-854-0119

     PIN: 818 069 166#

Contact: Becky Shasha 443-695-4446

[24-07-11]

 

MARYLAND DEPARTMENT OF HEALTH/CANNABIS PUBLIC HEALTH ADVISORY COUNCIL

Subject: Public Meeting

Date and Time: April 17, 2024, 4 — 6 p.m.

Place: Via Google Meet —please see details below.

Add’l. Info: Google Meet joining info

     Video call link:

     https://meet.google.com/amz-yexz-iwf

     Or call: (US) +1 662-565-5127

     PIN: 557 389 071#

Contact: Dana Moncrief 410-767-5316

[24-07-03]

 

MARYLAND DEPARTMENT OF HEALTH/PHARMACY AND THERAPEUTICS (P&T) COMMITTEE

Subject: Public Meeting

Date and Time: May 2, 2024, 9 a.m. — 1 p.m.

Place: Virtual meeting — please see details below.

Add’l. Info: Please be advised that the May 2, 2024, Pharmacy and Therapeutics (P&T) Committee public meeting will be conducted virtually via a webinar.

     As soon as available, classes of drugs to be reviewed, speaker registration guidelines, and procedure to register to attend the virtual meeting will be posted on the Maryland Pharmacy Program website at https://health.maryland.gov/mmcp/pap/pages/Public-Meeting-Announcement-and-Procedures-for-Public-Testimony.aspx. Submit questions to mdh.marylandpdlquestions@maryland.gov

Contact: Deborah Washington  410-767-1455

[24-07-06]

 

MARYLAND DEPARTMENT OF HEALTH/VIRGINIA I. JONES ALZHEIMER’S DISEASE AND RELATED DEMENTIAS COUNCIL

Subject: Public Meeting

Date and Time: April 24, 2024, 1 — 3 p.m.

Place: Virtual meeting — please see details below.

Add’l. Info: Quarterly Meeting

     Joining link:

     https://meet.google.com/cvh-uaae-hks

     Or call: +1 346-808-1813

     PIN: 802 190 127 #

Contact: Monique McAllister 410-767-2577

[24-07-01]

 

MARYLAND STATE LOTTERY AND GAMING CONTROL COMMISSION

Subject: Public Meeting

Date and Time: April 25, 2024, 10 a.m. — 12 p.m.

Place: Montgomery Business Park, 1800 Washington Blvd., Ste. 330, Baltimore, MD

Add’l. Info: The next regular Commission meeting is scheduled for Thursday, April 25, 2024, in-person and via livestream. The link will be available the day of the meeting on the website at:

     https://www.mdgaming.com/commissionmeeting-4-25-2024/.

Contact: Kathy Lingo 410-230-8790

[24-07-07]

 

MARYLAND HEALTH CARE COMMISSION

Subject: Public Meeting

Date and Time: April 18, 2024, 1 — 4 p.m.

Place: Virtual meeting — please see details on the Commission’s website.

Add’l. Info: Please register to attend in advance on the Commission’s website at https://mhcc.maryland.gov/.

Contact: Valerie Wooding 410-764-3570

[24-07-02]

 

BOARD OF WATERWORKS AND WASTE SYSTEMS OPERATORS

Subject: Public Meeting

Date and Time: April 18, 2024, 10 a.m. — 12 p.m.

Place: Online via Google Chat — please see details on the Board’s webpage 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

[24-07-04]