Maryland Register
Issue Date: April 5, 2024 Volume 51 Issue 7 Pages 321 354
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Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before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 Administrator, Division of State Documents Office of the Secretary of State |
Information About the Maryland
Register and COMAR
MARYLAND REGISTER
The Maryland Register is an official State publication published every
other week throughout the year. A cumulative index is published quarterly.
The Maryland Register is the temporary supplement to the Code of
Maryland Regulations. Any change to the text of regulations published in COMAR, whether by adoption, amendment,
repeal, or emergency action, must first be published in the Register.
The following information is also published regularly in the Register:
• Governor’s Executive Orders
• Attorney General’s Opinions in full text
• Open Meetings Compliance Board Opinions in full text
• State Ethics Commission Opinions in full text
• Court Rules
• District Court Administrative Memoranda
• Courts of Appeal Hearing Calendars
• Agency Hearing and Meeting Notices
• Synopses of Bills Introduced and Enacted
by the General Assembly
• Other documents considered to be in the public interest
CITATION TO THE
MARYLAND REGISTER
The Maryland Register is cited by volume, issue, page number, and date.
Example:
• 19:8 Md. R. 815—817 (April 17,
1992) refers to Volume 19, Issue 8, pages 815—817 of the Maryland Register
issued on April 17, 1992.
CODE OF MARYLAND
REGULATIONS (COMAR)
COMAR is the official compilation of all regulations issued by agencies
of the State of Maryland. The Maryland Register is COMAR’s temporary
supplement, printing all changes to regulations as soon as they occur. At least
once annually, the changes to regulations printed in the Maryland Register are
incorporated into COMAR by means of permanent supplements.
CITATION TO COMAR
REGULATIONS
COMAR regulations are cited by title number, subtitle number, chapter
number, and regulation number. Example: COMAR 10.08.01.03 refers to Title 10,
Subtitle 08, Chapter 01, Regulation 03.
DOCUMENTS INCORPORATED
BY REFERENCE
Incorporation by reference is a legal device by which a document is made
part of COMAR simply by referring to it. While the text of an incorporated
document does not appear in COMAR, the provisions of the incorporated document
are as fully enforceable as any other COMAR regulation. Each regulation that
proposes to incorporate a document is identified in the Maryland Register by an
Editor’s Note. The Cumulative Table of COMAR Regulations Adopted, Amended or
Repealed, found online, also identifies each regulation incorporating a
document. Documents incorporated by reference are available for inspection in
various depository libraries located throughout the State and at the Division
of State Documents. These depositories are listed in the first issue of the
Maryland Register published each year. For further information, call
410-974-2486.
HOW TO RESEARCH REGULATIONS
An
Administrative History at the end of every COMAR chapter gives information
about past changes to regulations. To determine if there have been any
subsequent changes, check the ‘‘Cumulative Table of COMAR Regulations Adopted,
Amended, or Repealed’’ which is found online at http://www.dsd.state.md.us/PDF/CumulativeTable.pdf.
This table lists the regulations in numerical order, by their COMAR number,
followed by the citation to the Maryland Register in which the change occurred.
The Maryland Register serves as a temporary supplement to COMAR, and the two
publications must always be used together. A Research Guide for Maryland
Regulations is available. For further information, call 410-260-3876.
SUBSCRIPTION
INFORMATION
For subscription forms for the Maryland Register and COMAR, see the back
pages of the Maryland Register. Single issues of the Maryland Register are $15.00
per issue.
CITIZEN PARTICIPATION IN
THE REGULATION-MAKING PROCESS
Maryland citizens and other interested
persons may participate in the process by which administrative regulations are
adopted, amended, or repealed, and may also initiate the process by which the
validity and applicability of regulations is determined. Listed below are some
of the ways in which citizens may participate (references are to State
Government Article (SG),
Annotated
Code of Maryland):
• By submitting data or views on proposed
regulations either orally or in writing, to the proposing agency (see
‘‘Opportunity for Public Comment’’ at the beginning of all regulations
appearing in the Proposed Action on Regulations section of the Maryland
Register). (See SG, §10-112)
• By petitioning an agency to adopt, amend,
or repeal regulations. The agency must respond to the petition. (See SG
§10-123)
• By petitioning an agency to issue a
declaratory ruling with respect to how any regulation, order, or statute
enforced by the agency applies. (SG, Title 10, Subtitle 3)
• By petitioning the circuit court for a
declaratory judgment
on
the validity of a regulation when it appears that the regulation interferes
with or impairs the legal rights or privileges of the petitioner. (SG, §10-125)
• By inspecting a certified copy of any
document filed with the Division of State Documents for publication in the
Maryland Register. (See SG, §7-213)
Maryland Register (ISSN
0360-2834). Postmaster: Send
address changes and other mail to: Maryland Register, State House, Annapolis,
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;
Front cover: State House, Annapolis, MD, built 1772—79.
Illustrations by Carolyn Anderson, Dept. of General Services
Note: All
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transfer of the information in printed or electronic form is a prohibited
commercial purpose (see State Government Article, §7-206.2, Annotated Code of
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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.
Declaration of a State of Emergency
DISCIPLINARY PROCEEDINGS .................................. 330
Regulatory Review and Evaluation
TRANSPORTATION SERVICE HUMAN RESOURCES
SYSTEM
Notice of Availability of Evaluation Report ........................
05 DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT
Business Facade Improvement Program
09 MARYLAND DEPARTMENT OF LABOR
Applications and Licensing ......................................................
Ring Officials ...........................................................................
Fees ..........................................................................................
11 DEPARTMENT OF TRANSPORTATION
MOTOR
VEHICLE ADMINISTRATION —
ADMINISTRATIVE PROCEDURES
MOTOR
VEHICLE ADMINISTRATION — VEHICLE
EQUIPMENT
Ignition Interlock Systems .......................................................
MOTOR
VEHICLE ADMINISTRATION—MOTORCYCLE
SAFETY PROGRAM
Motorcycle Safety Training Centers
MARYLAND
ENERGY ADMINISTRATION
Green Building Tax Credit Program
Maryland Strategic Energy Investment
Program .....................
Maryland Clean Energy Incentive Tax
Credit Program
Programs for Library Media Services
15 MARYLAND DEPARTMENT OF AGRICULTURE
Cost Sharing—Water Pollution Control
Program
BOARD
OF VETERINARY MEDICAL EXAMINERS
31 MARYLAND INSURANCE ADMINISTRATION
Disability Benefit Claims Procedures ......................................
Challengers or Watchers ..........................................................
Electioneering; Exit Polling .....................................................
Issuance and Return .................................................................
Issuance of Provisional Ballot
Definitions; General Provisions
Canvass of Ballots— Rejecting Ballots
Canvass of Ballots — Procedures ............................................
Canvass of Ballots — Rejecting
Ballots
35 MARYLAND DEPARTMENT OF VETERANS AFFAIRS
Burial in State Veterans’ Cemeteries .......................................
Proposed Action on Regulations
08 DEPARTMENT OF NATURAL RESOURCES
BOATING—SPEED
LIMITS AND OPERATION OF VESSELS
Severn River Vessel Management Area
10 MARYLAND DEPARTMENT OF HEALTH
MARYLAND
HEALTH CARE COMMISSION
MARYLAND
TECHNOLOGY DEVELOPMENT
CORPORATION
COMMISSION
ON CRIMINAL SENTENCING POLICY
Criminal Offenses and Seriousness
Categories
SERVICE
SUPPLIED BY ELECTRIC COMPANIES
Small Generator Facility
Interconnection Standards ...............
SUSQUEHANNA RIVER BASIN COMMISSION
Projects Approved for Consumptive Uses of Water
Actions Taken at the March 14, 2024 Meeting
18 CFR Part 801 — Review and Approval of
Projects
WATER AND SCIENCE ADMINISTRATION
Water Quality Certification 23-WQC-0015
Water Quality Certification 23-WQC-0049
Public Meeting .........................................................................
MARYLAND
DEPARTMENT OF HEALTH/CANNABIS
PUBLIC HEALTH ADVISORY COUNCIL
Public Meeting .........................................................................
MARYLAND
DEPARTMENT OF HEALTH/PHARMACY
AND THERAPEUTICS (P&T) COMMITTEE
Public Meeting .........................................................................
MARYLAND
DEPARTMENT OF HEALTH/VIRGINIA
I. JONES ALZHEIMER’S DISEASE AND
RELATED
DEMENTIAS COUNCIL
MARYLAND
STATE LOTTERY AND GAMING CONTROL
COMMISSION
MARYLAND
HEALTH CARE COMMISSION
Public Meeting .........................................................................
BOARD
OF WATERWORKS AND WASTE SYSTEMS
OPERATORS
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 |
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)
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]
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
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)
(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
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
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
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
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
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
Subtitle 04 MARYLAND TECHNOLOGY DEVELOPMENT CORPORATION
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
.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
.02 Seriousness Categories.
|
Offense Literal |
CJIS |
Source |
Felony or |
Max |
Min |
Offense Type |
Ser. Category |
Fine |
1—176-1 (text unchanged) |
|||||||||
177 |
Handguns—In
General |
1-1787 1-1788 |
CR,
§4-203(c)(3)(i)1 |
Misd. |
10Y |
1Y |
Person |
III |
|
177-1 |
Handguns—In
General |
1-1789 1-1790 |
CR,
§4-203(c)(4)(i)1 |
Misd. |
10Y |
3Y |
Person |
III |
|
177-2 (text unchanged) |
|||||||||
178 |
Handguns—In
General |
[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
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]
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]
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.
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]
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]
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
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
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
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
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
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
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]