Maryland Register
Issue Date: June 28, 2024 Volume 51 Issue 13 Pages 633 664
Governor 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Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before June 10, 2024 5 p.m.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 June 10, 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:
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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.
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Government Article (SG),
Annotated
Code of Maryland):
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Register). (See SG, §10-112)
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or repeal regulations. The agency must respond to the petition. (See SG
§10-123)
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enforced by the agency applies. (SG, Title 10, Subtitle 3)
• By petitioning the circuit court for a
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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)
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Maryland Register and COMAR; Elizabeth
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Front cover: State House, Annapolis, MD, built 1772—79.
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Closing Dates for the Maryland
Register
Schedule of Closing Dates and
Issue Dates for the
Maryland Register ..................................................................... 636
COMAR Research Aids
Table of Pending Proposals ........................................................... 637
Index of COMAR Titles Affected in
This Issue
COMAR
Title Number and Name Page
08 Department of Natural Resources ............................. 647, 649
09 Maryland Department of Labor ......................................... 647
12 Department of Public Safety and Correctional Services ..... 650
14 Independent Agencies ............................................... 647, 650
20 Public Service Commission ....................................... 647, 655
21 State Procurement Regulations ......................................... 656
24 Department of Commerce ................................................. 656
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.
Full Pardons of Certain Convictions for Cannabis
Possession
Leadership by State Government: Implementing
Maryland’s
Climate Pollution Reduction Plan
Maryland Statewide Communications Interoperability
(Rescinds Executive Order
01.01.2008.07)
08
DEPARTMENT OF NATURAL RESOURCES
09
MARYLAND DEPARTMENT OF LABOR
BOARD FOR PROFESSIONAL ENGINEERS
MARYLAND TECHNOLOGY DEVELOPMENT
CORPORATION
Investment Programs ................................................................
ELECTRIC AND GAS COMPANIES—AFFILIATE
REGULATIONS
Proposed Action on Regulations
08
DEPARTMENT OF NATURAL RESOURCES
Permits .....................................................................................
12
DEPARTMENT OF PUBLIC SAFETY AND
CORRECTIONAL SERVICES
POLICE TRAINING AND STANDARDS COMMISSION
Police Accountability Boards and Administrative
Charging
Committees
MARYLAND LONGITUDINAL DATA SYSTEM CENTER
Inspection and Copying of Public Records ..............................
Data Requests ...........................................................................
Data Collection ........................................................................
MARYLAND CENTER FOR SCHOOL SAFETY
SERVICE SUPPLIED BY ELECTRIC
COMPANIES
21
STATE PROCUREMENT REGULATIONS
Veteran-Owned Small Business Enterprises
Maryland E-Nnovation Initiative Program ..............................
WATER AND SCIENCE
ADMINISTRATION
Water Quality Certification 24-WQC-0022 .........................
MARYLAND HEALTH BENEFIT EXCHANGE
MARYLAND HEALTH CARE COMMISSION
Receipt of Application .............................................................
MARYLAND COLLEGE COLLABORATION FOR
STUDENT VETERANS COMMISSION
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
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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 |
|||
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.
08 DEPARTMENT OF NATURAL
RESOURCES
08.02.01.01 •
51:10 Md. R. 532 (5-17-24) (ibr)
08.02.04.04 •
51:10 Md. R. 533 (5-17-24)
08.02.05.23,.26,.27
• 51:10 Md. R. 534 (5-17-24)
08.02.05.29 •
51:10 Md. R. 535 (5-17-24)
08.02.08.06,.10 •
51:10 Md. R. 536 (5-17-24)
08.02.13.05 •
51:12 Md. R. 621 (6-14-24)
08.02.15.08,.09,.12
• 51:11 Md. R. 581 (5-31-24)
08.02.22.02 •
51:10 Md. R. 534 (5-17-24)
08.02.25.03 •
51:11 Md. R. 581 (5-31-24)
08.02.26.01—.06 • 51:1 Md. R. 30 (1-12-24)
08.08.05.03 • 51:13 Md. R. 649 (6-28-24)
09 MARYLAND DEPARTMENT OF LABOR
09.09.02.01 • 51:9 Md. R. 444 (5-3-24)
09.10.02.43,.53 • 50:24 Md. R. 1046 (12-1-23)
09.33.02.01—.09 •
50:25 Md. R. 1100 (12-15-23)
09.36.07.02 •
50:17 Md. R. 772 (8-25-23)
09.36.08.02 •
50:25 Md. R. 1101 (12-15-23)
10 MARYLAND DEPARTMENT OF HEALTH
Subtitles 01—08 (1st volume)
10.07.14.01—.65 • 51:6 Md. R. 272
(3-22-24)
Subtitle 09 (2nd volume)
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)
10.09.21.02—.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)
10.09.80.01,.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)
Subtitles 23—36 (4th volume)
10.24.01.12 •
51:8 Md. R. 372 (4-19-24)
10.25.03.02 •
51:7 Md. R. 337 (4-5-24)
10.32.01.10 • 51:2 Md. R. 83 (1-26-24)
10.34.34.02,.03,.07,.10
• 51:10 Md. R. 537 (5-17-24)
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)
10.62.01.01 •
51:9 Md. R. 444 (5-3-24)
10.62.02.01—.05 •
51:9 Md. R. 444 (5-3-24)
10.62.03.01—.03 •
51:9 Md. R. 444 (5-3-24)
10.62.04.01—.06 •
51:9 Md. R. 444 (5-3-24)
10.62.05.01,.02 •
51:9 Md. R. 444 (5-3-24)
10.62.06.01—.07 •
51:9 Md. R. 444 (5-3-24)
10.62.07.01—.06 •
51:9 Md. R. 444 (5-3-24)
10.62.08.01—.14 •
51:9 Md. R. 444 (5-3-24)
10.62.09.01—.09 •
51:9 Md. R. 444 (5-3-24)
10.62.10.01—.08 •
51:9 Md. R. 444 (5-3-24)
10.62.11.01—.04 •
51:9 Md. R. 444 (5-3-24)
10.62.12.01—.09 •
51:9 Md. R. 444 (5-3-24)
10.62.13.01,.02•
51:9 Md. R. 444 (5-3-24)
10.62.14.01,.02•
51:9 Md. R. 444 (5-3-24)
10.62.15.01—.07 •
51:9 Md. R. 444 (5-3-24)
10.62.16.01—.06 •
51:9 Md. R. 444 (5-3-24)
10.62.17.01—.04 •
51:9 Md. R. 444 (5-3-24)
10.62.18.01—.10 •
51:9 Md. R. 444 (5-3-24)
10.62.19.01—.12 •
51:9 Md. R. 444 (5-3-24)
10.62.20.01—.09 •
51:9 Md. R. 444 (5-3-24)
10.62.21.01—.07 •
51:9 Md. R. 444 (5-3-24)
10.62.22.01—.06 •
51:9 Md. R. 444 (5-3-24)
10.62.23.01—.06 •
51:9 Md. R. 444 (5-3-24)
10.62.24.01• 51:9
Md. R. 444 (5-3-24)
10.62.25.01—.13 •
51:9 Md. R. 444 (5-3-24)
10.62.26.01—.09 •
51:9 Md. R. 444 (5-3-24)
10.62.27.01—.10 •
51:9 Md. R. 444 (5-3-24)
10.62.28.01—.06 •
51:9 Md. R. 444 (5-3-24)
10.62.29.01,.02 •
51:9 Md. R. 444 (5-3-24)
10.62.30.01—.10 •
51:9 Md. R. 444 (5-3-24)
10.62.31.01 • 51:9 Md. R. 444 (5-3-24)
10.62.32.01—.03 •
51:9 Md. R. 444 (5-3-24)
10.62.33.01—.08 •
51:9 Md. R. 444 (5-3-24)
10.62.34.01—.09 •
51:9 Md. R. 444 (5-3-24)
10.62.35.01 •
51:9 Md. R. 444 (5-3-24)
10.62.36.01—.06 •
51:9 Md. R. 444 (5-3-24)
10.62.37.01—.21 •
51:9 Md. R. 444 (5-3-24)
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)
10.67.04.20 •
50:24 Md. R. 1049 (12-1-23)
10.67.06.26 •
51:3 Md. R. 164 (2-9-24)
10.67.06.28 •
50:24 Md. R. 1049 (12-1-23)
11 DEPARTMENT OF
TRANSPORTATION
Subtitles 01—10
11.03.01.09 • 51:11 Md. R. 585
(5-31-24)
Subtitles 11—23 (MVA)
11.11.05.02—.06 •
51:12 Md. R. 622 (6-14-24)
11.12.01.14 •
50:15 Md. R. 698 (7-28-23)
12 DEPARTMENT OF PUBLIC
SAFETY AND CORRECTIONAL SERVICES
12.04.09.02 • 51:13 Md. R. 650 (6-28-24)
12.10.01.21,.22 • 51:12 Md. R. 628 (6-14-24)
13A STATE BOARD OF EDUCATION
13A.07.02.01 •
51:11 Md. R. 585 (5-31-24)
13A.08.01.02-3 •
51:7 Md. R. 337 (4-5-24)
13A.08.01.17 •
51:11 Md. R. 587 (5-31-24)
13A.16.08.03 •
51:2 Md. R. 95 (1-26-24)
13A.16.10.02 •
51:2 Md. R. 95 (1-26-24)
13A.17.10.02 •
51:2 Md. R. 95 (1-26-24)
14 INDEPENDENT AGENCIES
14.01.02.02 •
51:11 Md. R. 591 (5-31-24)
14.17.01.01 •
51:9 Md. R. 444 (5-3-24)
14.17.02.01—.04 •
51:9 Md. R. 444 (5-3-24) (ibr)
14.17.03.01—.04 •
51:9 Md. R. 444 (5-3-24)
14.17.04.01—.09 •
51:9 Md. R. 444 (5-3-24)
14.17.05.01—.08 •
51:9 Md. R. 444 (5-3-24)
14.17.06.01—.10 •
51:9 Md. R. 444 (5-3-24)
14.17.07.01—.08 •
51:9 Md. R. 444 (5-3-24)
14.17.08.01—.07 •
51:9 Md. R. 444 (5-3-24)
14.17.09.01—.04 •
51:9 Md. R. 444 (5-3-24)
14.17.10.01—.09 •
51:9 Md. R. 444 (5-3-24)
14.17.11.01—.19 •
51:9 Md. R. 444 (5-3-24)
14.17.12.01—.11 •
51:9 Md. R. 444 (5-3-24)
14.17.13.01—.11 •
51:9 Md. R. 444 (5-3-24)
14.17.14.01—.06 •
51:9 Md. R. 444 (5-3-24)
14.17.15.01—.05 •
51:9 Md. R. 444 (5-3-24)
14.17.16.01—.05 •
51:9 Md. R. 444 (5-3-24)
14.17.17.01—.07 •
51:9 Md. R. 444 (5-3-24)
14.17.18.01—.07 •
51:9 Md. R. 444 (5-3-24)
14.17.19.01—.05 •
51:9 Md. R. 444 (5-3-24)
14.17.20.01,.02 •
51:9 Md. R. 444 (5-3-24)
14.17.21.01,.02•
51:9 Md. R. 444 (5-3-24)
14.17.22.01—.12 •
51:9 Md. R. 444 (5-3-24)
14.35.01.02 • 51:11 Md. R. 591 (5-31-24)
14.35.07.23 • 51:11 Md. R. 591 (5-31-24)
14.35.15.05 • 51:11 Md. R. 591 (5-31-24)
14.36.01.01—.03,.09,.11,.13—.16 • 51:13 Md. R. 650
(6-28-24)
14.36.02.02,.05—.11 • 51:13 Md. R. 650 (6-28-24)
14.36.03.01—.03 • 51:13 Md. R. 650 (6-28-24)
14.36.04.02,.03,.06,.07 • 51:13 Md. R. 650 (6-28-24)
14.36.05.01—.06 • 51:13 Md. R. 650 (6-28-24)
14.36.06.01,.03 • 51:13 Md. R. 650 (6-28-24)
14.39.02.01—.32 • 51:6 Md. R. 308 (3-22-24) (ibr)
14.40.06.01,.02 • 51:13 Md. R. 654 (6-28-24)
15 MARYLAND DEPARTMENT OF
AGRICULTURE
15.14.09.03 • 50:25 Md. R. 1103 (12-15-23)
20 PUBLIC SERVICE
COMMISSION
20.50.01.03 • 51:13 Md. R. 655 (6-28-24)
20.50.09.02,.06,.07,.09,.10,.12—.14 • 51:7 Md. R. 340
(4-5-24)
20.50.10.04,.05 • 51:13 Md. R. 655 (6-28-24)
21 STATE PROCUREMENT
REGULATIONS
21.11.14.01 • 51:13 Md. R. 656
(6-28-24)
24 DEPARTMENT OF COMMERCE
(No changes effective since
April 2023)
24.05.22.01—.11 • 51:13 Md. R. 656
(6-28-24)
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 08—12 (Part 2)
26.11.03.24 • 51:8 Md. R. 374 (4-19-24)
26.11.42.03—.06,.09—.11
• 51:10 Md. R. 538 (5-17-24)
26.12.01.01
• 51:8 Md. R. 375 (4-19-24) (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)
29 DEPARTMENT OF STATE POLICE
29.03.01.45 •
51:10 Md. R. 542 (5-17-24)
30 MARYLAND INSTITUTE FOR
EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)
30.02.02.04,.06—.09 • 50:24 Md. R. 1061 (12-1-23)
33 STATE BOARD OF
ELECTIONS
33.04.01.02,.07 •
51:8 Md. R. 375 (4-19-24)
33.04.02.01—.03 •
51:8 Md. R. 375 (4-19-24)
34 DEPARTMENT OF PLANNING
34.04.02.01—.11,.13 • 51:11 Md. R. 593 (5-31-24)
35 DEPARTMENT OF VETERANS
AND MILITARY FAMILIES
35.01.01.02,.05 • 51:11 Md. R. 597 (5-31-24)
Full Pardons of Certain
Convictions for Cannabis Possession
WHEREAS, During the 2022 legislative session, the General Assembly passed a Constitutional amendment, subject to constitutional referendum, legalizing the use or possession of cannabis by an individual in the State who is at least 21 years old, and authorizing the General Assembly to provide for the use, distribution, possession, regulation, and taxation of cannabis within the State;
WHEREAS, On November 8, 2022, Marylanders overwhelmingly approved the referendum, with over two-thirds of voters from across the State approving the measure;
WHEREAS, Pursuant to the will of the People of Maryland, Article XX, Section 1 became part of the Maryland Constitution on July 1, 2023;
WHEREAS, Pursuant to the authority granted in Article XX, Section 1, the General Assembly legalized possession of the “personal use amount” of cannabis, which is defined to include “an amount of cannabis that does not exceed 1.5 ounces” or “an amount of concentrated cannabis that does not exceed 12 grams”;
WHEREAS, No one should continue to suffer the effects of a conviction for conduct that is no longer a crime in the State of Maryland;
WHEREAS, Despite the legalization of the personal use amount of cannabis, Marylanders have continued to face barriers to housing, employment, and educational opportunities as a result of possessing the personal use amount or lesser amounts of cannabis, sometimes decades ago;
WHEREAS, Black Marylanders have been arrested, prosecuted, and convicted for possession of cannabis at disproportionate rates, and the lasting disproportionate impact of arrest and prosecution for cannabis possession is antithetical to the Maryland voters’ overwhelming approval of the legalization of cannabis use and possession and to the fair and equitable administration of justice;
WHEREAS, To further my promise to leave no Marylander behind, I am exercising the pardon power vested in my by Article II, Section 20 of the Maryland Constitution to alleviate the impact of Maryland’s former inequitable and outdated enforcement of laws criminalizing personal use and possession of cannabis;
WHEREAS, Pursuant to my pardon power, I asked the Maryland Judiciary to identify and compile a list of electronically available case records for individuals who were convicted of misdemeanor cannabis possession for conduct that occurred prior to January 1, 2023, including cases with a final disposition of probation before judgment, which the Judiciary has provided to me and from which I have identified the convictions eligible for pardon (the “Cannabis Possession Pardon List”);
WHEREAS, The Judiciary will make an electronic notation in each identified electronically available case record on the Cannabis Possession Pardon List that the misdemeanor cannabis possession conviction has been pardoned pursuant to this Executive Action;
WHEREAS, In addition, I asked the Maryland Judiciary to identify and compile a list of electronically available case records for individuals who were convicted of misdemeanor use or possession with intent to use drug paraphernalia for conduct that occurred prior to January 1, 2023, in cases in which the only other charge in the case was for misdemeanor cannabis possession, including cases with a final disposition of probation before judgment, which the Judiciary has provided to me and from which I have identified the convictions eligible for pardon (the “Cannabis Paraphernalia Pardon List”); and
WHEREAS, The Judiciary will make an electronic notation in each identified electronically available case record on the Cannabis Paraphernalia Pardon List that the misdemeanor drug paraphernalia conviction has been pardoned pursuant to this Executive Clemency Order.
NOW, THEREFORE, I, WES MOORE, GOVERNOR OF THE STATE OF MARYLAND, having thought proper and fair the extension of clemency under the authority vested in me by the Constitution and the laws of Maryland, do hereby order, effective immediately:
Misdemeanor Cannabis Possession Convictions
A. All individuals identified in the Cannabis Possession Pardon List, from information provided to me by the Maryland Judiciary, are granted a FULL PARDON of the misdemeanor cannabis possession offenses contained in the Cannabis Possession Pardon List, absolving these persons from the guilt of their criminal offenses and exempting them from any pains and penalties imposed upon them therefore by law.
B. This Executive Clemency Order applies only to the misdemeanor cannabis possession offenses identified in the Cannabis Possession Pardon List and shall not have the effect of pardoning any other charges or convictions.
C. I hereby direct the Department of Public Safety and Correctional Services to develop a process to indicate on criminal background checks which individuals’ convictions have been pardoned pursuant to this Executive Clemency Order.
Misdemeanor Cannabis-Related Drug Paraphernalia Convictions
A. All individuals identified in the Cannabis Paraphernalia Pardon List, from information provided to me by the Maryland Judiciary, are granted a FULL PARDON of the misdemeanor drug paraphernalia offenses contained in the Cannabis Paraphernalia Pardon List, absolving these persons from the guilt of their criminal offenses and exempting them from any pains and penalties imposed upon them therefore by law.
B. This Executive Clemency Order applies only to the misdemeanor drug paraphernalia offenses identified in the Cannabis Paraphernalia Pardon List and shall not have the effect of pardoning any other charges or convictions.
C. I hereby direct the Department of Public Safety and Correctional Services to develop a process to indicate on criminal background checks which individuals’ convictions have been pardoned pursuant to this Executive Clemency Order.
GIVEN Under My Hand and the Great Seal of the State of Maryland, in the City of Annapolis, this 17th Day of June,
WES MOORE
Governor
ATTEST:
SUSAN C. LEE
Secretary of State
[24-13-08]
Leadership by
State Government: Implementing Maryland’s Climate Pollution Reduction Plan
WHEREAS, Climate change poses an existential threat to the economy, natural
resources, and public health for every Maryland resident;
WHEREAS, In the near term, Maryland’s climate will continue to get warmer, wetter,
and wilder, with rising sea levels and heat waves;
WHEREAS, Maryland communities, particularly historically marginalized and
overburdened communities, are disproportionately impacted by climate change;
WHEREAS, The State of Maryland is a national leader in addressing climate change
and promoting sustainability;
WHEREAS, Maryland’s Climate Solutions Now Act of 2022 set ambitious climate
goals for the State, including reducing greenhouse gas emissions by at least 60% by 2031 and obtaining net-zero greenhouse gas emissions by 2045;
WHEREAS, Maryland has 7 years to transform its economy to achieve the 2031 goals and 21 years to finish the transformation to achieve net-zero emissions;
WHEREAS, Maryland has set a goal of 100% clean energy by 2035;
WHEREAS, Both short-term and long-term investments are needed to address climate
change;
WHEREAS, The Maryland Department of the Environment released “Maryland’s Climate Pollution Reduction Plan,” which establishes a roadmap to accomplish these goals and estimates that the implementation of new policies will generate up to $1.2 billion in public health benefits, a $2.5 billion increase of personal income, and a net gain of 27,400 jobs between now and 2031; and
WHEREAS, State government will be a leader in these efforts by implementing the actions needed within State agencies and ensuring coordination across State agencies to meet State climate goals.
NOW, THEREFORE, I, WES MOORE, GOVERNOR OF THE STATE OF MARYLAND, BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE CONSTITUTION AND LAWS OF MARYLAND, PROCLAIM THE FOLLOWING EXECUTIVE ORDER, EFFECTIVE IMMEDIATELY:
A. Definitions.
1. “Climate Implementation Plan” means a document outlining the steps a State agency will take to implement the Climate Solutions Now Act of 2022 and Maryland’s Climate Pollution Reduction Plan, and the time, personnel and funding it will take to implement both.
2. “Consolidated Transportation Program” means Maryland’s six-year capital budget for transportation projects and programs across the Maryland Department of Transportation.
3. “Justice40 Initiative” means the federal government’s effort to deliver at least 40% of the overall benefits from certain federal investments to disadvantaged communities.
4. “National Electric Vehicle Infrastructure (“NEVI”) Formula Program” means the U.S. Department of Transportation’s Federal Highway Administration’s NEVI Formula Program that provides funding to states to strategically deploy electric vehicle charging stations and establish an interconnected network to facilitate data collection, access, and reliability.
5. “Regional Greenhouse Gas Initiative” means the cooperative, market-based effort among the states of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, and Vermont to cap and reduce CO2 emissions from the power sector.
6. “State Agency” means a department, agency, commission, board, council, or other body of State government subject to the direction and supervision of the Governor.
7. “Zero-Emission Vehicle Infrastructure Plan” means the plan to address zero-emission vehicles (“ZEV”) infrastructure holistically by building upon NEVI and incorporating other initiatives, such as discretionary grants, other state programs, and private investments to maximize ZEV infrastructure deployment across Maryland.
B. Whole-of-Government Approach to Climate Change.
1. Every State agency shall:
a. Work to address climate change and ensure a just transition to a clean economy;
b. Advance environmental justice by working to address the disproportionate impacts of climate change for underserved and overburdened communities, including the application of Justice40 goals, initiatives, and funding;
c. Equitably implement all existing laws, regulations, and policies related to climate change, incorporating robust community and stakeholder engagement; and
d. Continue to maximize federal funding opportunities on climate.
2. By November 1, 2024, every State agency shall consult the Secretary of the Maryland Department of the Environment and submit a Climate Implementation Plan (“CIP”) to the Governor. Each State agency’s CIP, shall include, at a minimum:
a. The steps, time and resources needed to implement all required actions in Maryland’s Climate Pollution Reduction Plan that are within the agency’s purview, including their top priorities for the upcoming year;
b. The current funding, including State, federal, or additional funding, that can be directed or redirected, toward accomplishing the actions in the agency’s CIP, the outcomes that can be achieved with current funding, and the anticipated gap, if any, between the current funding and the total resources required to implement the agency’s CIP;
c. The potential outcomes of the investment over time, including health benefits, job creation, and energy costs; and
d. How the State agency will advance environmental justice by working to address the disproportionate impacts of climate change for underserved and overburdened communities.
C. Immediate Action to Implement the Climate Pollution Reduction
Plan.
1. Every State agency shall take immediate action to implement the near-term measures in the Climate Pollution Reduction Plan.
2. The Maryland Department of the Environment shall:
a. Propose a zero-emission heating equipment standard regulation that will phase-in zero-emissions standards for heating equipment to reduce carbon pollution and improve air quality inside homes and the ambient air;
b. Propose a clean heat standard regulation to expand Maryland’s Renewable Portfolio Standard to the thermal energy system, mobilizing investment in clean heat solutions for homes and businesses; and
c. Propose a plan to modify the Regional Greenhouse Gas Initiative (“RGGI”) by working with RGGI states to establish a new regional cap for carbon dioxide emissions for power plants that is aligned with Maryland’s and partner states’ 100% clean energy goals.
3. The Maryland Department of Transportation shall:
a. Revise and upgrade the Zero-Emission Vehicle Infrastructure Plan to include implementation of the National Electric Vehicle Infrastructure Formula Program, pursuant to the Bipartisan Infrastructure Law, and a new multi-agency strategy to build out Maryland’s vehicle charging infrastructure;
b. Develop and implement a process for evaluating and reducing greenhouse gas emissions attributable to transportation projects as part of the Maryland Consolidated Transportation Program;
c. Implement the Consolidated Transportation Program, including investing in new infrastructure programs, where feasible, and projects to reduce vehicle miles traveled and enhance transportation choices in Maryland;
d. Establish specific annual greenhouse gas and vehicle miles traveled reduction targets for the transportation sector; and
e. Implement the Maryland Department of Transportation’s Carbon Reduction Strategy.
4. The Maryland Energy Administration shall:
a. Establish a framework for a clean energy standard to achieve 100% clean electricity in Maryland by 2035, and determine if all or part of the proposed clean energy standard can be implemented through existing authority.
5. At the request of the Governor’s Subcabinet on Climate, State agencies shall provide updates on agency efforts to implement the Climate Pollution Reduction Plan and develop State agency CIPs.
D. Governor’s Subcabinet on Climate.
1. Establishment. There is a Governor's Subcabinet on Climate, a committee of the Governor's Executive Council convening on a regular basis to address climate change and coordinate State agency efforts to reduce greenhouse gas emissions, in accordance with Maryland’s Climate Pollution Reduction Plan.
2. Membership. The Subcabinet on Climate shall consist of the following members:
a. The Secretary of the Maryland Department of the Environment, who shall serve as Chair of the Subcabinet;
b. The Governor’s Chief Sustainability Officer, who shall serve as vice-chair of the Subcabinet;
c. The Secretary of the Maryland Department of Natural Resources;
d. The Secretary of the Maryland Department of Transportation;
e. The Secretary of the Maryland Department of Agriculture;
f. The Secretary of the Maryland Department of Housing and Community Development;
g. The Secretary of the Maryland Department of Health;
h. The Secretary of the Maryland Department of Emergency Management;
i. The Secretary of the Maryland Department of Planning;
j. The Secretary of the Maryland Department of General Services;
k. The Secretary of the Maryland Department of Budget and Management;
l. The Director of the Maryland Energy Administration;
m. The Governor’s Chief Resilience Officer; and
n. Such other officials of executive departments and agencies as the Governor may from time to time designate.
3. Reporting. The Subcabinet, led by the Maryland Department of the Environment, shall submit a report to the Governor on or before December 1, 2024, and annually by December 1st each year thereafter, detailing the progress of implementing Maryland’s Climate Pollution Reduction Plan and the State agency CIPs. The Subcabinet’s annual reports shall be made available to the public.
4. Federal Funding. The Subcabinet, led by the Governor’s Chief Sustainability Officer, shall pursue federal funding opportunities for state climate programs and ensure application of Justice40 through federal funds. An update on federal funding shall be included in the Subcabinet’s annual reports.
E. General Provisions.
1. This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State’s receipt of federal funding.
2. If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Executive Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.
GIVEN Under My Hand and the Great Seal of the State of Maryland, in the City of Baltimore, this 4th Day of June 2024.
WES MOORE
Governor
ATTEST:
SUSAN C. LEE
Secretary of State
[24-13-09]
(Rescinds
Executive Order 01.01.2008.07)
Maryland Statewide
Communications Interoperability
WHEREAS, The interoperability of public safety communications systems is integral to protecting the lives and property of Marylanders;
WHEREAS, The State of Maryland created a Statewide communications interoperability program in 2008 to improve the interoperability of public safety communications throughout the State;
WHEREAS, Executive Order 01.01.2008.07 established a Statewide Interoperability Executive Committee (SIEC) to provide policy-level advice regarding public safety communications interoperability, and promote the efficient and effective use of resources for matters related to public safety communications and interoperability;
WHEREAS, A Statewide Interoperability Coordinator (SWIC) was subsequently established to act as a single point of contact to the United States Department of Homeland Security’s Cybersecurity and Infrastructure Agency (CISA), Emergency Communications Division (ECD) and to maintain information related to interoperability networks for the purpose of regional/multi-state and national communications planning and operations;
WHEREAS, Since then, the State of Maryland has continued to work together with federal, local, and non-governmental partners to promote and enhance the public safety communications infrastructure, including in September 2017, when Maryland opted into the First Responder Network Authority (FirstNet) to develop, build and operate a nationwide broadband network that equips first responders to save lives and protect communities;
WHEREAS, The State of Maryland has also launched Maryland FiRST, a statewide public safety land mobile radio network to provide communications operability; and
WHEREAS, Expanding, improving, and reforming Maryland’s Statewide communications interoperability will improve the effectiveness of public safety communications and infrastructure throughout the State.
NOW, THEREFORE, I, WES MOORE, GOVERNOR OF THE STATE OF MARYLAND, BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE CONSTITUTION AND LAWS OF MARYLAND, HEREBY RESCIND EXECUTIVE ORDER 01.01.2008.07 AND PROCLAIM THE FOLLOWING EXECUTIVE ORDER, EFFECTIVE IMMEDIATELY:
I. Statewide Interoperability Executive Committee (SIEC).
A. There is hereby reestablished a Statewide Interoperability Executive Committee.
B. Purpose. The purpose of the SIEC is to provide governance and policy-level advice regarding public safety emergency communications interoperability, and to promote the efficient and effective use of resources for matters related to public safety emergency communications and interoperability.
C. Membership. The SIEC consists of up to 21 members that will serve for 2-year terms, which are renewable.
1. Ten SIEC members will consist of the following state officials, or a senior staff member designated by the official:
a. The Secretary of the Maryland Department of Emergency Management (MDEM);
b. The Statewide Interoperability Coordinator (SWIC);
c. The Executive Director of Maryland Institute of Emergency Medical Services Systems (MIEMSS);
d. The Secretary of the Maryland Department of Information Technology (DoIT);
e. The Secretary of the Maryland Department of State Police (MSP);
f. The Secretary of the Maryland Department of Transportation (MDOT);
g. The Adjutant General of the State of Maryland;
h. The Secretary of the Maryland Department of Public Safety and Correctional Services (DPSCS);
i. The Secretary of the Maryland Department Natural Resources (DNR); and
j. The Secretary of the Maryland Department of Budget Management (DBM).
2. Nine additional members will be appointed by the Governor and serve at the pleasure of the Governor.
a. Each of the following six (6) entities may nominate a senior elected official or officer of the entity who has knowledge and interest in public safety communications for appointment by the Governor.
1) The Maryland Chiefs of Police or Sheriff’s Association;
2) The Maryland Fraternal Order of Police;
3) The Professional Firefighters of Maryland;
4) The Maryland State Fireman’s Association;
5) The Maryland Municipal League (MML); and
6) The Maryland Association of Counties (MACo).
b. The Governor shall also appoint, as a member of the SIEC, two appointed or elected public officials who have knowledge and interest in public safety communications to serve as:
1) One representative for Maryland communities with a population of less than 200,000; and
2) One representative for Maryland communities with a population of more than 200,000.
c. The Governor shall designate a representative of the Office of the Governor to serve as a member of the SIEC.
4. The Speaker of the House shall appoint one member of the House of Delegates as a member of the SIEC. The member shall serve at the pleasure of the Speaker for up to two consecutive 2-year terms.
D. The Chair and Vice-Chair.
1. The Chair of the SIEC is the Secretary of MDEM.
2. The Vice-Chair is the SWIC.
E. Meetings.
1. The SIEC shall meet at the call of the Chair, at a minimum of twice per year.
2. The SIEC and its work groups and subcommittees shall endeavor to make decisions by consensus.
3. A majority of the SIEC, or any work group or subcommittee of the SIEC, as applicable, constitutes a quorum for the transaction of any business.
4. The SIEC may adopt any procedures and by-laws necessary to ensure the orderly transaction of business.
5. The State agencies represented on the SIEC shall provide needed administrative and operational support to the SIEC.
F. Function.
1. Develop, promote and facilitate a statewide vision for interoperable communications;
2. Recommend and promote standards for public safety communications;
3. Promote cooperation among State, federal and local public safety agencies in addressing Statewide communications interoperability needs;
4. Recommend priorities for Statewide interoperability funding;
5. Assist in the development of projects, plans, policies, standards, priorities, and guidelines for both voice and data interoperability;
6. Review and identify wireless spectrum needs, with the goal of accommodating all users;
7. In cooperation with the SWIC, provide advice on the development of a Statewide interoperable radio and data communications system;
8. Identify and promote the best practices of other states and localities;
9. Serve as a central coordination point for local, State, regional and national interoperability matters;
10. Provide recommendations to the Governor and the General Assembly concerning issues related to public safety communications;
11. Approve, and update (as frequently as needed and at least annually) Maryland’s Statewide Communications Interoperability Plan (SCIP); and
12. Perform any other duties that may be requested by the Governor.
G. Administration.
1. The SIEC may designate work groups and subcommittees consistent with the needs of the SIEC.
2. Members of the SIEC and its subcommittees and work groups shall serve without compensation for their services, but they may receive reimbursement for reasonable expense incurred in the performance of their duties in accordance with the Standard State Travel Regulations and as provided in the State budget.
3. All State departments, agencies, commissions, and boards are directed to cooperate with the SWIC and the SIEC in implementing the provisions of this Executive Order.
4. Reasonable accommodations shall be made for qualified SIEC members with a disability unless the accommodation would impose an undue hardship.
II. Statewide Interoperability Coordinator (SWIC).
A. There is hereby established a SWIC in MDEM
B. The SWIC shall report to, and be supervised by, the Secretary of MDEM.
C. The SWIC’s primary function is to:
1. Plan and assist with implementing the recommendations of the
SEIC.
2. Develop the SCIP which shall be guided by initiatives outlined in the National Emergency Communications Plan (NECP); and
3. Coordinate interstate, intrastate, and regional public safety
emergency communications interoperability.
D. Duties. The SWIC shall also:
1. Direct, manage, and implement all aspects of the SCIP.
a. The SCIP provides essential governance, goals, and initiatives of emergency communications that are essential to improving daily operations and disaster response.
b. The SCIP shall be reviewed annually by the SIEC and updated to ensure efficient emergency communications between State, local and federal communications systems.
2. Consult with outside experts, including but not limited to, private sector, organized labor, government agencies, non-governmental organizations, and institutions of higher education as education as needed to properly implement the SCIP.
3. Ensure that all communications-related federal grant requests are reviewed and used to enhance emergency communications interoperability; such grant requests must be approved by the SWIC.
III. Each Executive Department and Agency is hereby required, to the extent not inconsistent with law, to cooperate fully with the SIEC and the SWIC, and to furnish such assistance - including data, reports, or other information and assistance - on as timely a basis as is necessary to accomplish the purpose of the Executive Order.
IV. Nothing in this Executive Order shall be construed to impair or otherwise affect the authority granted by law to an Executive Department or Agency.
V. This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State’s receipt of federal funding.
VI. If any provision of this Executive Order is held invalid, or its application to a person, event or circumstances is held invalid by any court of competent jurisdiction, all other applications or provisions of the Executive Order shall remain in effect to the greatest extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.
GIVEN Under My Hand and the Great Seal of the State of Maryland, in the City of Annapolis, this 18th Day of June 2024.
WES MOORE
Governor
ATTEST:
SUSAN C. LEE
Secretary of State
[24-13-10]
Memorandum of Understanding
Between the Bureau of Ocean Energy Management and the State of Maryland on
Offshore Wind Energy
I. INTRODUCTION AND BACKGROUND
Maryland continues to drive investment in renewable energy, with offshore wind being a major part of the state's long-term goals. With a 60% below 2006 levels by 2031 greenhouse gas emissions reduction target, decarbonizing the energy sector is critical to Maryland reaching these goals, and offshore wind makes up the largest component of that effort. To increase the speed of development, Maryland last year passed new legislation expanding the state's offshore wind goal to 8.5 gigawatts (GW) as part of this long-term decarbonization effort.
Likewise, the Federal government has several policies encouraging offshore wind energy development. For example, the Department of the Interior, along with Departments of Energy and Commerce, have a shared goal to deploy 30 GW of offshore wind in the United States by 2030.
The Energy Policy Act of 2005 authorized the Department of the Interior to issue leases, easements, and rights-of-way to allow for renewable energy development on the Outer Continental Shelf (OCS) and provided a general framework for the Bureau of Ocean Energy Management (BOEM) to follow when authorizing these renewable energy activities by requiring coordination with relevant Federal agencies and affected state and local governments, obtaining fair return for leases and grants issued, and ensuring that renewable energy development occurs in a safe and environmentally responsible manner.
Through the Central Atlantic Intergovernmental Renewable Energy Task Force (hereafter, Task Force and formerly the Maryland Renewable Energy Task Force), and since 2010, BOEM, the State of Maryland and other government entities have coordinated the planning of multiple offshore wind energy lease areas on the OCS off Maryland.
Additionally, the Federal-Maryland Offshore Wind Implementation Partnership (“the Partnership”) was launched on December 11, 2023, and is a joint effort of the White House National Climate Advisor; the Secretaries of the Interior, Commerce, Homeland Security and Defense; and the Governor of Maryland. The Partnership represents a commitment by the White House, Governor, and Federal agencies to collaborate on the development of offshore wind energy leases in the Central Atlantic necessary to assist the State of Maryland in meeting its offshore wind goals contained in the Promoting Offshore Wind Energy Resources Act (POWER Act).
II. PARTIES
This Memorandum of Understanding (MOU) is entered into by and between the State of Maryland and BOEM (hereafter referred to as “the Parties”), acting through the authorities listed in section IV of this MOU, and will become effective as of the latest date shown below on the signature page.
III. PURPOSE
The purpose of this MOU is to describe how the Parties will continue to effectively plan for and take the actions necessary to further the implementation of the Maryland Offshore Wind Energy Act of 2013, Clean Energy Jobs Act, the POWER Act, the Climate Solutions Now Act, Executive Order 14008, the Outer Continental Shelf Lands Act, as amended by the Energy Policy Act of 2005 and the Inflation Reduction Act of 2022, and BOEM's renewable energy regulations under 30 CFR Part 585 in order to support the coordinated, resilient, and sustainable development of offshore wind generation off the coast of Maryland. This development will support a robust supply chain, yield greater economic return for the State of Maryland and the United States from offshore wind development, and create good-paying domestic jobs. To this end, this MOU supports two primary efforts: first, the development of leasing areas to support offshore wind generation in furtherance of Federal and State of Maryland goals; and second, enhanced agreement to collaborate among all Parties to address challenges to the siting and leasing of areas for offshore wind. These efforts will support and augment the existing and planned coordination for the development of offshore wind leasing areas in the Central Atlantic.
IV. AUTHORITY TO IMPLEMENT THIS AGREEMENT
A. Maryland's Coastal Zone Management Program at the Department of Natural Resources - provisions under Sections 306, 307 and 309 of the Coastal Zone Management Act (16 U.S.C. 1451 et seq.).
B. BOEM Authority: (67 Stat. 462 (1953), as amended (43 U.S.C. § 1331 et seq.)), National Environmental Policy Act of 1969 (42 U.S.C. §§ 4321-4347).
V. OBJECTIVES
This MOU recognizes the commitments made by the Partnership to explore and develop areas for offshore wind leasing to ensure efficient development of offshore wind, maximize national domestic benefits from offshore wind development, and address gaps in available offshore wind leasing area availability where resolving those gaps would be in the best interest of the United States.
Accordingly, the Parties will work in cooperation to achieve the following specific offshore wind energy objectives for renewable wind energy projects on the OCS off the coast of Maryland:
A. As the lead Federal agency responsible for offshore wind energy planning and leasing on the OCS, BOEM will continue convening the Task Force. The Task Force will engage in planning for offshore renewable energy to advance collaborative planning and conservation through data sharing, development and utilization of common data platforms and tools, and proactive engagement with interested and affected parties. The Task Force will seek input from staff of applicable Tribes, state and Federal entities, local governments, and other partners.
B. The Parties will maintain monthly coordination meetings during periods of active commercial offshore wind energy planning on the OCS off Maryland. The purpose of these coordination meetings will be to maintain regular communication amongst the Parties as commercial offshore wind energy planning efforts progress.
C. As the convening authority for renewable energy development on the OCS, BOEM will act as the communications lead when sharing results of coordination between the Parties (including as part of a Task Force) to relevant parties. These may include:
1. Relevant state governments and agencies;
2. Congressional committees of jurisdiction;
3. Members of the Maryland Congressional Delegation;
4. Tribal Nation Representatives; and
5. Others as agreed to by the Parties.
D. The Parties will collaborate to identify opportunities for Federal and non-federal support to develop offshore leasing areas; avoid, minimize, or mitigate conflicts between priority uses of offshore resources; coordinate on data needs; and address any identified gaps for offshore wind development.
E. Within annual budgetary constraints, the Parties commit to maintain adequate staffing and resources to implement the provisions of this MOU.
VI. TERMS AND LIMITATIONS
This MOU is a statement of the Parties' mutual intentions and is not a legally binding agreement.
Nothing in this MOU is intended, or will be construed, to limit or in any way affect the authority or legal responsibilities of the State of Maryland or BOEM.
Nothing in this MOU is intended, or will be construed, to bind or enable the State of Maryland or BOEM to act beyond their respective authorities. Nothing in this MOU is intended or construed to limit or in any way affect the authority or legal responsibilities of the state or the Federal agencies.
This MOU does not commit any Party to act against or outside its existing statutory requirements or requirements of administrative items having the force of law.
This MOU does not create a contract, enforceable rights, or other legally enforceable commitment, nor does it obligate the Parties to any current or future expenditure of resources.
Nothing in this MOU is intended, or will be construed, to obligate BOEM or the United States to commit or spend resources in advance of or in excess of the available appropriations from Congress. Nor does this MOU obligate the Department of the Interior, the United States, or the State or Maryland to spend funds on any particular project or purpose, even if funds are available.
The mission requirements, funding, personnel, and other priorities of the State of Maryland and BOEM may affect their ability to fully implement all the provisions identified in this MOU.
Specific activities that involve the transfer of money, services, or property between or among the Agencies require execution of separate agreements or contracts.
Nothing in this MOU is intended, or will be construed, to restrict the State of Maryland or BOEM from participating in similar activities or arrangements with other public or private agencies, organizations, or individuals.
This MOU does not, and is not intended to, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States or the State of Maryland, their departments, agencies, or entities, their officers, employees, or agents, or any other person.
Any information furnished between the Agencies under this MOU may be subject to the Freedom of Information Act, 5 U.S.C. §§ 552 et seq., and the Maryland Public Information Act, Annotated Code of Maryland, General Provisions §§ 4-101-4-601. The Parties agree to consult each other prior to releasing potentially privileged or exempt documents.
This MOU is subject to the laws of the State of Maryland and the laws of the United States of America, as applicable.
All cooperative work under the provisions of this MOU will be accomplished without discrimination against any employee because of race, sex, creed, color, national origin, or any other legally protected class as identified in Federal or Maryland state law, the Maryland State Constitution, or the United States Constitution, as applicable.
The State of Maryland and BOEM, through their respective applicable agencies, may each amend or modify this MOU if the other Party agrees.
Each Party to this Agreement will provide the other Party an opportunity to review all press releases, published advertisements, or other statements intended for the public that refer to this Agreement, to the Parties in connection with this Agreement, or to the name or title of any employee of the Parties in connection with this Agreement.
Nothing in this Agreement may be interpreted to imply that the United States or BOEM endorses any product, service, or policy of the State of Maryland. The State of Maryland will not take any action or make any statement that suggests or implies such an endorsement.
VII. TERM AND TERMINATION
This MOU will remain valid for a period of two (2) years from the effective date, unless extended beyond the 2-year period or terminated. This MOU may be extended or amended upon collective written unanimous agreement among the Parties. Any Party to this MOU may terminate participation in this MOU at any time through written notification to the other Parties.
VIII. CONTACTS
The primary points of contact for carrying out the provisions of this MOU are:
Maryland Governor's Office: Matt Verghese, Federal Director
Maryland Energy Administration: Ryan Opsal, PhD, Director of Policy
Maryland Department of Natural Resources: Catherine McCall, Director, Office of Coastal & Ocean Management
Bureau of Ocean Energy Management: Elizabeth Klein, Director; Karen Baker, Chief, Office of Renewable Energy Programs
IX. APPROVALS
SIGNATURES OF AGREEMENT
Governor of Maryland
Wes Moore
Date: June 7, 2024
Bureau of Ocean Energy Management
Elizabeth Klein, Director
Date: June 7, 2024
[24-13-11]
Symbol Key
• Roman type
indicates text already existing at the time of the proposed action.
• Italic
type indicates new text added
at the time of proposed action.
• Single underline, italic indicates new text added at the time of final
action.
• Single
underline, roman indicates existing text added at the time of final action.
• [[Double
brackets]] indicate text deleted at the time of final action.
Title 08
DEPARTMENT OF NATURAL RESOURCES
Authority: Natural Resources Article, §§4-215 and 4-215.2, Annotated Code of Maryland
Notice of Final Action
[24-038-F]
On June 18, 2024, the Secretary of Natural Resources adopted amendments to Regulation .03 under COMAR 08.02.21 Yellow Perch. This action, which was proposed for adoption in 51:9 Md. R. 443—444 (May 3, 2024), has been adopted as proposed.
Effective Date: July 8, 2024.
JOSH KURTZ
Secretary of Natural Resources
Title 09
MARYLAND DEPARTMENT OF LABOR
Subtitle 23 BOARD FOR PROFESSIONAL ENGINEERS
Authority: Business Occupations and Professions Article, §§14-205
and
14-208; State Government Article, §10-204; Annotated Code of Maryland
Notice of Final Action
[23-291-F]
On May 9, 2024, the Board for Professional Engineers adopted amendments to Regulation .03 under COMAR 09.23.04 Fees. This action, which was proposed for adoption in 50:26 Md. R. 1137—1138 (December 29, 2023), has been adopted as proposed.
Effective Date: July 8, 2024.
PORTIA WU
Secretary of Labor
Subtitle 04 MARYLAND TECHNOLOGY DEVELOPMENT CORPORATION
Authority: Economic Development Article, §§10-409 and 10-4A-27, Annotated Code of Maryland
Notice of Final Action
[24-028-F]
On June 7, 2024, the Maryland Technology Development Corporation adopted amendments to Regulation .03 under COMAR 14.04.02 Investment Programs. This action, which was proposed for adoption in 51:7 Md. R. 338—339 (April 5, 2024), has been adopted as proposed.
Effective Date: July 8, 2024.
MINDY LEHMAN
Chief of Government Relations
Title 20
PUBLIC SERVICE COMMISSION
Subtitle 31 TERMINATIONS OF SERVICE
20.31.03 Restrictions on Terminations
Authority: Public Utilities Article, §§2-113, 2-121, 5-101, and 7-307, Annotated Code of Maryland
Notice of Final Action
[24-036-F]
On June 6, 2024, the Public Service Commission adopted amendments to Regulation .05 under COMAR 20.31.03 Restrictions on Terminations. This action, which was proposed for adoption in 51:8 Md. R. 373 (April 19, 2024), has been adopted as proposed.
Effective Date: July 8, 2024.
ANDREW S. JOHNSTON
Executive Secretary
Subtitle 40 ELECTRIC AND GAS COMPANIES—AFFILIATE REGULATIONS
20.40.02 Utility Code of Conduct
Authority: Public Utilities Article, §§2-113, 2-121, 7-505, 7-604, and 7-606, Annotated Code of Maryland
Notice of Final Action
[24-037-F]
On June 6, 2024, the Public Service Commission adopted amendments to Regulation .06 under COMAR 20.40.02 Utility Code of Conduct. This action, which was proposed for adoption in 51:8 Md. R. 373—374 (April 19, 2024), has been adopted as proposed.
Effective Date: July 8, 2024.
ANDREW S. JOHNSTON
Executive Secretary
Proposed Action on Regulations
Title 08
DEPARTMENT OF NATURAL RESOURCES
Authority: Natural Resources Article, §§5-209, 5-215, and 8-704, Annotated Code of Maryland.
Notice of Proposed Action
[24-060-P]
The Secretary of Natural Resources proposes to amend Regulation .03
under COMAR 08.08.05 Permits.
Statement of Purpose
The purpose of this action is to extend the boating season on Deep Creek Lake
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed action has a $950,000 economic impact.
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: |
|
|
Recreational anglers |
(+) |
$950,000 |
E. On other industries or trade groups: |
NONE |
|
F. Direct and indirect effects on public: |
NONE |
|
III. Assumptions. (Identified by Impact Letter and Number from Section II.)
D. The proposed action has a $950,000 economic impact.
Economic Impact on Small Businesses
The proposed action has a meaningful economic impact on small
businesses. An analysis of this economic impact follows:
The proposed action has a $950,000 economic impact.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Deep Creek Lake Management Office, Attention: Eric Null, Department of Natural Resources, 73 Brant Road, Swanton, MD 21561, or call 301-387-3544, or email to Eric.Null@maryland.gov. Comments will be accepted through July 29, 2024. A public hearing has not been scheduled.
.03 Uses Permitted with a Buffer Strip Use Permit.
A.—F. (text unchanged)
G. Removal of Docks,
Boating and Swimming Structures, and Mooring Buoys.
(1) [From] Except as provided in §G(2) of this regulation, from December 1 through April 1, all docks, boating and swimming structures, and mooring buoys shall be removed from the lake, and shall be secured to or removed from the buffer strip. Vehicles may be driven on the buffer strip to comply with this section.
(2) The Lake Manager,
in their discretion, may modify the April 1 deadline in §G(1) of this
regulation to allow docks, boating and swimming structures, and mooring buoys
to be placed in the lake no earlier than March 15 of a given year.
H. (text unchanged)
JOSH KURTZ
Secretary of Natural
Resources
Title 12
DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES
Subtitle 04 POLICE TRAINING AND STANDARDS COMMISSION
12.04.09 Police Accountability Boards and Administrative Charging Committees
Authority: Public Safety Article, §§3-114 and 3-208, Annotated Code of Maryland
Notice of Proposed Action
[24-064-P]
The Police Training and Standards Commission proposes to amend
Regulation .02 under COMAR 12.04.09 Police Accountability Boards and
Administrative Charging Committees. This action was considered and approved
by the Police Training and Standards Commission at a public meeting held on
April 24, 2024.
Statement of Purpose
The purpose of this action is to adopt a more applicable definition for “local governing body” that specifically identifies charter forms of government. The definition of “local governing body” under COMAR 12.04.09.02 references Public Safety Article, §14-401, Annotated Code of Maryland. The current definition does not specifically recognize charter forms of government. The proposed definition will alter the meaning of “local governing body” for the purposes of the regulations under COMAR 12.04.09, relating to police accountability boards and administrative charging committees, to include a charter county’s chief executive officer subject to requirements in a county’s charter. The change will bring clarity for local governments.
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 Wayne Silver, Executive Director, Police Training and Standards Commission, 6852 4th Street, Sykesville, MD 21784, or call 410-875-3601, or email to wayne.silver@maryland.gov. Comments will be accepted through July 29, 2024. A public hearing has not been scheduled.
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)―(7) (text
unchanged)
(8) “Local governing body” [has the meaning stated in Public Safety Article, §14-401, Annotated Code of Maryland.] means:
(a) For Baltimore City, the Mayor and City Council of Baltimore City;
(b) For a charter county:
(i)
That does not have an elected chief executive officer, the county council; or
(ii) That has an elected
chief executive officer, the county council or the county council and the
county executive, as provided by the county charter;
(c) For a code county, the county commissioners; and
(d) For a commission county, the county commissioners.
(9)―(11) (text
unchanged)
COLONEL ROLAND L. BUTLER, JR.
Chair
Police Training and Standards Commission
Subtitle 36 MARYLAND LONGITUDINAL DATA SYSTEM CENTER
Notice of Proposed Action
[24-061-P]
The Maryland Longitudinal Data System Center Governing Board proposes to:
(1) Amend Regulations .01—.03, .09, .11, and .13—.16
under COMAR 14.36.01 Inspection and
Copying of Public Records;
(2) Amend Regulations .02 and .05—.11 under COMAR 14.36.02 Corrections of Public Record;
(3) Amend Regulations .01—.03 under COMAR 14.36.03 Meetings;
(4) Amend Regulations .02,
.03, .06 and .07 under COMAR 14.36.04 Data Requests;
(5) Amend Regulations .01—.05 and adopt new Regulation .06 under COMAR 14.36.05 Data Collection; and
(6) Amend Regulations .01 and .03 under COMAR 14.36.06 Center Staff.
This action was considered on March 8, 2024 during an open meeting
of the MLDS Center Governing Board.
Statement of Purpose
The purpose of this action is to:
(1) Conduct a full regulatory review of the MLDS Center regulations under COMAR 14.36 Maryland Longitudinal Data System; and
(2) Provide a definition for “medical and health records” and clarify that medical and health records are prohibited from being included in the Maryland Longitudinal Data System consistent with Education Article, §24-701(l)(3), Annotated Code of Maryland.
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 Ross Goldstein, Executive Director, Maryland Longitudinal Data System Center, 200 West Baltimore Street, Baltimore, MD 21201, or call 410-507-5036, or email to ross.goldstein@maryland.gov. Comments will be accepted through August 30, 2024. The MLDS Center Governing Board will meet on September 13, 2024, to consider the proposed regulations for final adoption.
Open Meeting
Final action on the proposal will be considered by the Maryland Longitudinal Data System Center Governing Board during the MLDS Governing Board Meeting, to be held on Friday, September 13, 2024, 9 a.m.—12 p.m., time zone: America/New York, Google Meet joining info: video call link: https://meet.google.com/zoa-edbu-qxq; or dial: (US) +1 413-327-2349, PIN: 637 901 036#.
14.36.01 Inspection and Copying of Public Records
.01 [Purpose] Scope.
A. This chapter sets forth procedures for the disclosure, inspection, or copying of public records maintained by the Maryland Longitudinal Data System Center.
B. This chapter does not apply to aggregate data requests. The procedures for aggregate data requests by the public from data maintained by the Maryland Longitudinal Data System Center are set forth in COMAR 14.36.04.
.02 Policy.
A. It is the policy of the Maryland Longitudinal Data System Center to facilitate public access to the Center’s public records when access is authorized by law.
B. The Center’s policy is to make
all public records easily accessible on the agency’s website.
.03 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(2) (text unchanged)
(3) “Center” means the Maryland Longitudinal Data System Center, its advisory [councils] boards, its committees, any other public bodies under the authority and acting on behalf of the Maryland Longitudinal Data System Center, and any employees, agents, or contractors acting on behalf of the Maryland Longitudinal Data System Center.
(4) (text unchanged)
(5) “Data partner” means a State
agency, an industry certifier, or other entity that originally collects student
and workforce data and provides that data to the Center under Education Article,
§27-707, Annotated Code of Maryland.
[(5)] (6)—[(8)] (9) (text
unchanged)
[(9)] (10) “Public record” has the meaning stated in General Provisions Article, [§4-101(j)] §4-101, Annotated Code of Maryland.
[(10)] (11) (text unchanged)
.09 Response to Request.
A. (text unchanged)
B. The custodian shall designate the following public records for immediate inspection:
(1) (text unchanged)
(2) Minutes of the Governing Board; and
(3) Data sharing agreements entered into by the Center and data partners [the Maryland State Department of Education, the Maryland Higher Education Commission, and the Maryland Department of Labor; and
(4) The Data Safeguarding and Security Plan].
C.—F. (text unchanged)
.11 Public Record Temporarily Unavailable.
If a requested public record of the Center [is in the custody and control of the person to whom the application is made but] is not immediately available for inspection or copying, the custodian shall promptly:
A.—B. (text unchanged)
.13 Review of Denial.
A. If the custodian denies a request to inspect or copy a public record of the [Office] Center, the applicant may file an action for judicial enforcement under General Provisions Article, §4-362, Annotated Code of Maryland, without pursuing the remedies set forth in §§B and C of this regulation.
B.—C. (text unchanged)
.14 Disclosure Against Public Interest.
A. Denial Pending Court Order.
(1) If, in the opinion of the [Executive Director] custodian, disclosure of a public record of the Center otherwise subject to disclosure under the Act would do substantial injury to the public interest, the [Executive Director] custodian may temporarily deny the request to obtain a court order allowing nondisclosure.
(2) (text unchanged)
B. Circuit Court Review.
(1) Within 10 working days after the denial, the [Executive Director] custodian shall apply to the appropriate circuit court for an order permitting continued denial or restriction of access.
(2) Notice of the [Executive Director’s] custodian’s complaint, on behalf of the Center, shall be served on the applicant in the manner provided for service of process under the Maryland Rules.
.15 Fees.
A. Except as provided in §§B and C of this regulation, the fee schedule for [copying and certifying copies of] responding to requests of public records of the Center is as follows:
(1) (text unchanged)
(2) For each copy made other than by a photocopying machine within the Center, the actual cost of reproduction; [and]
(3) For certification as a true copy of a public record, an
additional fee of $1 per page[,] or, if appropriate, per
item; and
(4) For electronic records
provided in an electronic format, no fee.
B.—J. (text unchanged)
.16 Time and Place of Inspection.
A. An applicant may inspect any public record of the Center that the applicant is entitled to inspect, by appointment, during the normal working hours of the Center.
B. (text unchanged)
14.36.02 Corrections of Public Record
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
[(1) “Act” means the Public Information Act, State Government
Article, §§10-611 – 10-628, Annotated Code of Maryland.]
[(2)] (1) (text unchanged)
[(3)] (2) “Custodian” has the meaning stated in [State Government Article, §10-611(c)] General Provisions Article, §4-101(d), Annotated Code of Maryland.
(3) “Official custodian” has
the meaning stated in General Provisions Article, §4-101(f), Annotated Code of
Maryland.
(4) “Person in interest” has the meaning stated in [State Government Article, §10-611(f)] General Provisions Article, §4-101(g), Annotated Code of Maryland.
(5) “Public record” has the meaning stated in [State Government Article, §10-611(h)] General Provisions Article, §4-101(g), Annotated Code of Maryland.
.05 Addressee.
A request to correct or amend a public record shall be addressed to the custodian of the record. If the custodian is unknown, the request shall be addressed to the [Executive Director] official custodian.
.06 Return of Nonconforming Request.
A. The [Center] custodian shall accept a request to correct or amend a public record when it is received if it reasonably complies with Regulations .04 and .05 of this chapter.
B. If the request does not reasonably comply with Regulations .04 and .05 of this chapter, the [Center] custodian shall return the request to the requestor with:
(1)—(2) (text unchanged)
.07 Response to Request.
Within 30 days after the [Center] custodian receives a request for correction or amendment that reasonably complies with Regulations .04 and .05 of this chapter, the custodian shall:
A. (text unchanged)
B. Inform the requester in writing that the [Center] custodian will not:
(1)—(2) (text unchanged)
.08 Response to Refusal of Request—Statement of Disagreement.
If the [Center] custodian refuses to make a requested correction or amendment, a person in interest may file with the Center a concise statement of the reasons for:
A. (text unchanged)
B. The person’s disagreement with the refusal of the [Center] custodian to make the correction or amendment.
.09 Requirements for Statement of Disagreement.
The statement submitted under Regulation .08 of this chapter [shall]:
A. [Be] Shall be submitted electronically or by mail on [pages not larger than] single-sided 8-1/2 x 11 [inches] inch paper; and
B. [Use only one side of each page] May not exceed 2,000 words[; and
C. Consist of not more than five pages].
.10 Disclosure of Statement of Disagreement.
If a [person in interest] requester files a statement of disagreement concerning a public record under Regulations .08 and .09 of this chapter, the [Center] custodian shall provide a copy of the statement whenever the [Center] custodian discloses the public record to a third party.
.11 Administrative Review.
A. A person may request administrative review under this regulation if the [Center] custodian:
(1)—(3) (text unchanged)
B. A request for review shall be filed with the [Executive Director] official custodian of the Center within 30 days after the requester is advised of the [Center’s] custodian’s action.
C. (text unchanged)
14.36.03 Meetings
Authority: Education Article, §24-706; State Government Article, Title 10, Subtitle 5; Annotated Code of Maryland
.01 Definitions.
A. (text unchanged)
B. Terms Defined.
(1) “Center” means the Maryland Longitudinal Data System Center[, its Governing Board, its committees, and any other public bodies under the authority and acting on behalf of the Maryland Longitudinal Data System Center].
(2)—(3) (text unchanged)
.02 Public Attendance.
A. The general public is invited to attend and observe any open sessions of the [Center] Governing Board.
B. Meetings shall be held in a manner or location that is reasonably accessible to individuals who would like to attend and observe an open session of the [Center] Governing Board.
[C. A member of the public attending an open session may not participate in the session except as provided in the bylaws of the Governing Board.]
.03 Public Participation Limited.
A member of the public attending an open session may not participate in the session [except to the extent] unless:
A. The [Center] Governing Board expressly invites public testimony, questions, comments, or other forms of public participation; [or]
B. The person is entitled by law to participate; or
C. As provided by the bylaws of the Governing Board, the individual has received prior approval from the chairman of the Governing Board to participate, subject to a time limit set by the chairman.
14.36.04 [Longitudinal] Data Requests
Authority: Education Article, §§24-701, 24-703, and 24-706; General Provisions Article, Title 4; Labor and Employment Article, §8-625; Annotated Code of Maryland
.02 [Definition] Definitions.
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Center” means the Maryland Longitudinal Data System Center.
(2) “Data partner” means a State
agency, an industry certifier, or other entity that originally collects student
and workforce data and provides that data to the Center under Education
Article, §24-707, Annotated Code of Maryland.
(3) Data Request.
(a) “Data request” means a request for an aggregate data set
created by linking two or more data tables.
(b) “Data request” does not
include a request that requires:
(i)
Analysis or the application of advanced statistical methods; or
(ii) Creation of constructed
variables.
.03 Applications—General.
A.—B. (text unchanged)
C. Options. The application form shall require at a minimum:
(1) The name, [title,
mailing address,] phone number, and
email address for [each] the
requestor; and
(2) The data request [names, titles, mailing addresses, phone numbers, and email addresses for any researchers working with the requestor;
(3) Disclosure of the title of the research project for which the data request is being made;
(4) Disclosure of whether or not the applicable research project is funded;
(5) A summary of the research project, including but not limited to the research questions presented for evaluation by the project; and
(6) The target dates for data collection, data analysis, report writing, and report publication for the applicable research project].
.06 Individual Records.
A. The Center receives data from [the Maryland State Department of Education, Maryland Higher Education Commission, and Maryland Department of Labor] data partners in accordance with its mandated responsibilities as set forth in Education Article, §24-701, et seq., Annotated Code of Maryland.
B. Individual Student Records.
(1) (text unchanged)
(2) [The Center shall
use only de-identified aggregate data in its research and reporting as] As
set forth in Education Article, §24-703(f)(3)—(4) and [(g)(3)] (h)(3),
Annotated Code of Maryland, the Center
shall:
(a) Only use de-identified aggregate data in its research and
reporting; and
(b) Suppress data that may be identifiable based on the size or
uniqueness of the population under consideration.
(3)—(4) (text unchanged)
C. Individual Workforce Records.
(1) The Center [shall recognize] recognizes that workforce records incorporated into the Maryland Longitudinal Data System are protected under Labor and Employment Article, §8-625, Annotated Code of Maryland, and 20 CFR Part 603, which are incorporated by reference, and other State and federal privacy laws.
(2)—(5) (text unchanged)
D.—E. (text unchanged)
.07 Requests for [Nonlongitudinal] Data Sets from a Single Data Partner.
[A. For purposes of this regulation, a data set is non-longitudinal if it contains data provided by only one of the following agencies that contribute data to the Center:
(1) Maryland State Department of Education;
(2) Maryland Department of Labor; or
(3) Maryland Higher Education Commission.
B. The Center shall deny a request for a nonlongitudinal data set and refer the requestor to the appropriate agency.]
A. If the Center receives an aggregate data request that seeks data from a single data partner, the Center shall deny the request and refer the requester to the data partner that is the source of the data being requested.
B. Notwithstanding §A of this
regulation, the Center may fulfill a data request that seeks data from only one
data partner if:
(1) The data partner requests
that the Center complete the request; and
(2) The Center agrees to
fulfill the request.
Authority: Education Article, §§24-706 and 24-707, Annotated Code of Maryland
.01 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(2) (text unchanged)
(3) “Data partner” means a State agency, an industry certifier, or other entity that originally collects student and workforce data and provides that data to the Center under Education Article, §24-707, Annotated Code of Maryland.
[(3)] (4) (text unchanged)
[(4) “State agencies” means the:
(a) Maryland State Department of Education;
(b) Maryland Higher Education Commission; and
(c) Maryland Department of Labor.]
.02 Data Inventory.
A. General.
(1) [The] Except as provided in §A(2) of this regulation, the Center may not collect, use, or warehouse data that is not listed in a data inventory approved by the Governing Board.
(2) The Center may
temporarily collect limited data elements from a data partner for the purpose
of determining if identify resolution is possible.
B. Data Inventory Requirements. The data inventory shall specify:
(1) (text unchanged)
(2) The [source of the
data] data partner; and
(3) The date range for the data[; and
(4) Any data element that has been removed upon determination that it is no longer necessary to carry out the mission of the Center].
C. (text unchanged)
D. The Center shall annually
report any data element that has been removed upon determination that it is no
longer necessary to carry out the mission of the Center.
.03 Data Collection Schedule.
The Governing Board shall approve a data collection schedule that establishes deadlines for each data [source] partner to transfer its data to the Center.
.04 Data Transmission.
The Center shall establish a data transmission method that each [entity providing data to the Center] data partner shall follow when transferring data to the Center.
.05 Data Source.
A.—C. (text unchanged)
D. [Third-Party] Other Data Sources.
[(1)] The Center may collect and incorporate data from an entity other than a State or local agency, if the data collected by that entity:
[(a)] (1)—[(c)] (3) (text unchanged)
[(2) Examples of permissible third-party data include data from:
(a) The Integrated Postsecondary Education Data System (IPEDS) from the U.S. Department of Education, National Center for Education Statistics;
(b) The National Student Clearinghouse; and
(c) The U.S. Census.]
.06 Medical and Health
Records—Prohibited.
A. Definition.
(1) For purposes of this
regulation, the following term has the meaning indicated.
(2) Medical and Health
Records.
(a) “Medical and health records” means records created by a
health care provider for the purpose of providing care and treatment to an
individual.
(b) “Medical and health records” does not include information
about a student that is:
(i) Collected by a data partner that
provides data to the MLDS under this subtitle; and
(ii) Used solely to determine eligibility for or to administer
educational services and programs to students.
B. Prohibition.
(1) Under Education Article,
§24-701(l)(3), Annotated Code of Maryland, medical and health records are not
student data.
(2) The Center may not
collect medical and health records.
Authority: Education Article, [§§24-703(g)] §§24-703(h) and 24-706, Annotated Code of Maryland
.01 Authorized Staff.
A. [Purpose] Scope. Education Article, [§24-703(g)] §24-703(h), Annotated Code of Maryland, restricts access to data in the Maryland Longitudinal Data System to authorized staff of the Center. This regulation sets out a procedure for authorizing Center staff.
B. (text unchanged)
C. Authorization by Executive Director.
(1) (text unchanged)
(2) The Executive Director may designate the following individuals as authorized staff of the Center:
(a) Researchers, including:
(i)
Faculty [within the University
System of Maryland], staff, and
graduate students, from a public
senior higher education institution who are [assigned to] identified by the Director of the Research
Services Branch to provide research and analysis as part of the Research Services Branch of the Center [through an interagency agreement]; and
[(ii) Doctoral students working with faculty assigned to the
Center; and]
[(iii)] (ii) Additional researchers[, identified by the Director of the Research Services Branch to provide additional analysis in furtherance of the Center’s functions and duties as specified in] who, pursuant to the MLDS Center’s Project Approval and Management Procedures, have applied for and received approval to conduct a project using MLDS data consistent with Education Article, §24-703(f)(4) and (5), Annotated Code of Maryland;
(b)—(c) (text unchanged)
.03 Security Requirements.
A. General. The Center’s Executive Director shall require all authorized staff of the Center to:
(1) (text unchanged)
(2) Receive and review the MLDS Center’s Data Security and Safeguarding Plan, data sharing agreements, the Maryland Department of Labor—Confidentiality Certification Form, and other documents required by the Executive Director; and
(3) (text unchanged)
B. (text unchanged)
PORTIA WU
Chairman, MLDS Center
Governing Board and Secretary of Labor
Subtitle 40 MARYLAND CENTER FOR SCHOOL SAFETY
14.40.06 Data
Collection and Reporting
Authority: Education Article, §7-1503(g)(12), Annotated Code of
Maryland
Notice of Proposed Action
[24-068-P]
The Maryland Center for School Safety proposes to adopt new
Regulations .01 and .02 under a new chapter, COMAR 14.40.06
Data Collection and Reporting. This action was considered at an open meeting
held pursuant to General Provisions Article, §3-302(c), Annotated Code of
Maryland, on May 13, 2024.
Statement of Purpose
The purpose of this action is to provide specific dates and timing for mandated actions required by local education agencies (LEAs) and local law enforcement agencies under the Safe to Learn Act (2018), including:
● Submitting an annual summary report of certain threats, drills, emergency responses to a public school, and details about the effectiveness of emergency plans during those events (Education Article, §7-1501(f), Annotated Code of Maryland);
● Submitting annual reports on the number of incidents where a school resource officer or school security employee used force on a student in carrying out their duties (Education Article, §7-1508(h), Annotated Code of Maryland);
● Conducting regular safety evaluations of each public school (Education Article, §7-1510(f), Annotated Code of Maryland);
● Regularly updating school emergency plans for every public school (Education Article, §7-1501(i), Annotated Code of Maryland); and
● Submitting annual reports on the number of schools with assigned SROs or adequate law enforcement coverage (Education Article, §7-1508(c) and (e), Annotated Code of Maryland).
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 Kate Bryan, Executive Director, Maryland Center for School Safety, 7125 Ambassador Road, Suite 130, Windsor Mill, MD 21244, or call 410-281-2335, or email to admin.mcss@maryland.gov. Comments will be accepted through July 29, 2024. A public hearing has not been scheduled.
.01 Definitions.
A. In this chapter, the following terms have the meanings
indicated.
B. Terms Defined.
(1) “Center” means the Maryland Center for School Safety.
(2) “Emergency summary report” is the report required pursuant
to Education Article, §7-1510(f), Annotated Code of Maryland.
(3) “Incidents of force report” is the report required pursuant
to Education Article, §7-1508(h), Annotated Code of Maryland.
(4) “School emergency plan” has the meaning stated in Education
Article, §7-1501(i), Annotated Code of Maryland, and
is required pursuant to Education Article, §7-1510(d) and (e), Annotated Code
of Maryland.
(5) “School safety evaluation” means the facility assessments
required pursuant to Education Article, §7-1510(a) and (b), Annotated Code of
Maryland.
(6) “School resource officer and adequate coverage report” is
the report required pursuant to Education Article, §7-1508(c) and (e),
Annotated Code of Maryland.
.02 Report and Plan Collection.
A. Emergency Summary Report. By August 1 each year, local school
systems shall submit to the Center the required emergency summary report.
B. Incidents of Force Report. By August 1 each year, local
school systems and law enforcement agencies providing school resource officers
shall submit to the Center to required incidents of force report.
C. School Emergency Plans. Local school systems shall:
(1) Annually review and update each public school emergency plan;
and
(2) By September 30 every 2 years, submit copies of each public
school emergency plan to the Center.
D. School Safety Evaluations. Local school systems shall:
(1) Complete a facility safety evaluation for each public school
every 2 years; and
(2) By September 30 every 2 years, submit an aggregated summary
of evaluation findings to the Center following the completion of the reviews.
E. School Resource Officer and Adequate Coverage Report. By
September 1 each year, local school systems shall submit to the Center the
required school resource officer and adequate coverage report.
KATE BRYAN
Executive Director
Title 20
PUBLIC SERVICE COMMISSION
Subtitle 50 SERVICE SUPPLIED BY ELECTRIC COMPANIES
Authority: Public Utilities Article, §§2-113, 2-121, 5-101, 5-303, and 7-213, Annotated Code of Maryland
Notice of Proposed Action
[24-071-P]
The Public Service Commission proposes to amend Regulation .03
under COMAR 20.50.01 General. This action was considered by the Public
Service Commission at a scheduled rulemaking (RM 83) meeting held on May 8,
2024, notice of which was given under General Provisions Article, §3-302(c),
Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to provide clarification to “standard metering practices” in Public Utilities Article, §7-306(f)(2), Annotated Code of Maryland, for the purpose of allowing time-of-use (TOU) ratemaking and permitting the separate calculation of on- and off-peak consumption/generation as currently practiced by the Exelon utilities for net energy metering (NEM) customers.
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 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 July 29, 2024. A public hearing has not been scheduled.
.03 Definitions.
A. In this subtitle, the following terms have the meanings
indicated[:].
B. Terms Defined.
(1)—(56) (text unchanged)
(57) “Time-varying
rate” means a base or commodity rate structure that includes more
than one rate, each of which is applicable to a different time period during
the billing cycle and excludes hourly priced rates for which the rate is
derived from hourly energy costs from the PJM market.
[(57)] (58)—[(62)] (63) (text unchanged)
ANDREW S. JOHNSTON
Executive Secretary
Subtitle 50 SERVICE SUPPLIED BY ELECTRIC COMPANIES
Authority: Public Utilities Article, §§2-113, 2-121, 5-101, 5-303, and 7-306, Annotated Code of Maryland
Notice of Proposed Action
[24-072-P]
The Public Service Commission proposes to amend Regulations .04
and .05 under COMAR 20.50.10 Net Metering. This action was
considered by the Public Service Commission at a scheduled rulemaking (RM 83)
meeting held on May 8, 2024, notice of which was given under General Provisions
Article, §3-302(c), Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to provide clarification to “standard metering practices” in Public Utilities Article, §7-306(f)(2), Annotated Code of Maryland, for the purpose of allowing time-of-use (TOU) ratemaking and permitting the separate calculation of on- and off-peak consumption/generation as currently practiced by the Exelon utilities for net energy metering customers.
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 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 July 29, 2024. A public hearing has not been scheduled.
.04 Calculation of Net Energy.
A.—B. (text unchanged)
C. Time-Varying Rates.
(1) For eligible
customer-generators whose applicable tariff includes time-varying rates, an
electric company may calculate net energy separately for each applicable rate
period during a billing cycle.
(2) An electric company may apply
§§D, E, and F of this regulation separately for each rate period for an
eligible customer-generator whose applicable tariff bills using time-varying
rates. If net generation is calculated separately for each applicable rate
period during a billing cycle, an electric company shall apply §§E and F of
this regulation separately for each rate period for an eligible
customer-generator whose applicable tariff bills using time-varying rates.
[C.] D.—[D.] E. (text unchanged)
[E.] F. Conversion of Excess Generation — Billing. An electric company shall
convert any excess electric generation described in [§D] §E of this regulation into generation
credits upon billing, consistent with the provisions of Regulation .05 of this
chapter.
[F.] G. (text unchanged)
.05 Net Excess Generation.
A.—B. (text unchanged)
C. Cooperative Electric Company — Conversion Calculation.
(1) When net energy metering is provided by a cooperative electric company that serves a population of less than 250,000 in its distribution territory, the eligible customer-generator may choose to be paid for the dollar value of net excess generation remaining at the end of each month instead of at the end of the accrual period specified in [§E] §F of this regulation.
(2) (text unchanged)
D. Net Excess Generation — Carry Forward. An electric company shall
carry forward accrued net excess generation on a customer’s bill until the net
excess generation has been used by the customer or the electric company has
paid the customer for the credit under [§E] §F
of this regulation.
E. Time-Varying Rates—Carry
Forward.
(1) For customers on a
time-varying rate, an electric company may calculate net excess generation
separately for each applicable rate period during a billing cycle.
(2) An electric company may
carry forward net excess generation separately for each rate period until the
net excess generation has been used by the customer or the electric company has
paid the customer for the credit under §F of this regulation.
[E.] F. (text unchanged)
ANDREW S. JOHNSTON
Executive Secretary
Title 21
STATE PROCUREMENT REGULATIONS
Subtitle 11 SOCIOECONOMIC POLICIES
21.11.14 Veteran-Owned Small Business Enterprises
Authority: State Finance and Procurement Article, §§14-601—14-605;
Chs. 343 and 344, Acts of 2015; Chs.
708 and 709, Acts of 2017; Ch. 740, Acts of 2018; Ch. 79, Acts of 2021
Notice of Proposed Action
[24-066-P]
The Governor's Office of Small, Minority & Women Business
Affairs proposes to amend Regulation .01 under COMAR 21.11.14
Veteran-Owned Small Business Enterprises.
Statement of Purpose
The purpose of this action is to increase the Veteran-Owned Small Business Enterprise participation goal from 1 percent to 3 percent.
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 an impact on individuals with disabilities as follows:
The proposed action could have an impact on Disabled Veteran-Owned Small Business Enterprises engaged in the State procurement activities in Maryland.
Opportunity for Public Comment
Comments may be sent to Davon Gardner, Director of Policy & Legislative Affairs, Governor's Office of Small, Minority & Women Business Affairs, 100 Community Place, 3rd Floor, Crownsville, MD 21032, or call 667-644-1358, or email to davonk.gardner@maryland.gov. Comments will be accepted through July 29, 2024. A public hearing has not been scheduled.
This chapter provides that maximum contracting opportunities be extended to veteran-owned small business enterprises, as both prime contractors and subcontractors, and establishes that:
A. Each procurement agency shall structure its procedures for making procurements to try to achieve an overall minimum of [1] 3 percent of the unit's total dollar value of all procurement contracts made directly or indirectly with veteran-owned small business enterprises; and
B. (text unchanged)
DAVON GARDNER
Director of Policy & Legislative Affairs
Title 24
DEPARTMENT OF COMMERCE
Subtitle 05 ECONOMIC DEVELOPMENT
24.05.22 Maryland E-Nnovation Initiative Program
Authority: Economic Development Article, §§2-108 and 6-601—6-623, Annotated Code of Maryland
Notice of Proposed Action
[24-052-P]
The Secretary of Commerce proposes to amend Regulations .01—.11
under COMAR 24.05.22 Maryland E-Nnovation
Initiative Program.
Statement of Purpose
The purpose of this action is to amend the existing regulations to reflect the operations of the program.
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 Sarah Sheppard, Director, Education and Workforce, Department of Commerce, World Trade Center Baltimore, 401 E. Pratt Street, 15th Floor, Baltimore, MD 21202, or call 410-767-6368, or email to sarah.sheppard1@maryland.gov. Comments will be accepted through July 29, 2024. A public hearing has not been scheduled.
.01 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(18) (text unchanged)
(19) “Second submission date” means [the] November 1 during a fiscal year in which a nonprofit institution of higher education requests a distribution of matching funds under the Program.
(20) (text unchanged)
.02 Designated Fields of Scientific and Technical Fields of Study; Expenditure of Endowment Proceeds.
A. The Authority designates the following scientific and technical fields of study as eligible for the expenditure of endowment proceeds under the Program:
(1)—(10) (text unchanged)
(11) Agriculture; [and]
(12) Cybersecurity[.];
(13) Emerging fields in science and technology;
(14) Entrepreneurial sciences; and
(15) Social sciences.
B. At least 90 days prior to the first submission date, the Authority may announce that certain scientific and technical fields of study will be awarded greater weight in the Authority’s evaluation of the applications in the upcoming fiscal year if the Authority has determined that certain scientific and technical fields will enhance the economic competitiveness of the State or build on existing clusters of research and innovation. If no announcement is made, the scientific and technical fields of study shall be weighted equally. An announcement of the greater weight assigned to certain scientific and technical fields of study shall remain in effect [unless] until the Authority announces revised weightings.
C. (text unchanged)
.03 Application — Requirements.
A. (text unchanged)
B. The application shall be on a form provided by the Authority and shall include the following information:
(1)—(4) (text unchanged)
(5) The name and title of the individual with authority to sign
the agreement for distribution of
matching funds under the Program on behalf of the nonprofit institution of
higher education;
[(5)] (6) The federal employer identification number of the nonprofit institution of higher education; [and]
(7) Certification of the president of the nonprofit institution
of higher education or the designee of the president determining that the
donation constitutes a qualified donation; and
[(6)] (8) (text unchanged)
C.—E. (text unchanged)
.04 Application – Authority Review.
A.—B. (text unchanged)
C. The Authority shall encumber the matching funds allocated to a nonprofit institution of higher education at the time the Authority approves an application. Subject to Regulation .08 of this chapter, Program funds are encumbered [at the time of approval] once the agreement for distribution of matching funds under the Program is fully executed and the funds shall remain encumbered [until the end of the fiscal year in which the application is approved].
.05 Research Endowment Plan — Requirements.
A. (text unchanged)
B. The proposed research endowment plan shall include the following:
(1)—(3) (text unchanged)
(4) The proposed use of the matching funds to be requested by the nonprofit institution of higher education with respect to the research endowment plan, including:
(a)—(c) (text unchanged)
(d) The identification of any specific disciplinary hires to be
made with the endowment proceeds, if known to the nonprofit institution of
higher education at the time of the submission of the research endowment
plan[.];
(5)—(8) (text unchanged)
(9) An evaluation of how the research endowment plan furthers the purposes of the Program’s goals and the research needs of the nonprofit institution of higher education;
(10) Documentation of the demonstrations of interest to make qualified donations in a form satisfactory to the Authority; [and]
(11) An explanation of the entrepreneurial and economic
development aspects of the research endowment plan; and
[(11)] (12) (text unchanged)
C. (text unchanged)
D. In evaluating whether to allocate matching funds to a nonprofit institution of higher education for a research endowment plan, the Authority may consider:
(1) The compliance by the nonprofit institution of higher education with other research endowment plans approved by the Authority for the nonprofit institution of higher education; [and]
(2) Such other evaluation criteria as the Authority shall establish
from time to time[.];
(3) Any lack of compliance with reporting requirements when evaluating
new applications, including the proper formatting of reports; and
(4) Failure to obtain prior consent for an amendment of the
research endowment plan.
E.—F. (text unchanged)
G. Failure to obtain prior consent of the Authority for an
amendment of the research endowment plan may result in a return and
reallocation of matching funds.
.06 Distributions — Documentation Required.
A. A nonprofit institution of higher education seeking a distribution of matching funds from the Fund first shall obtain qualified donations in an amount equal to or greater than the amount of matching funds requested for distribution and shall submit a request to the Authority on such form as designated by the Authority from time to time that includes:
(1)—(3) (text unchanged)
(4) The amount of qualified donations designated for use in requesting the distribution of matching funds from the Fund; [and]
(5) A certification by the nonprofit institution of higher education that the information provided to the Authority in the approved research endowment plan remains true and correct as of the date of the distribution request and that the nonprofit institution of higher education does not anticipate any changes to that information[.]; and
(6) Confirmation that the nonprofit institution of higher
education’s qualified donation has been deposited by providing the following
documents:
(a) The validated deposit ticket showing the account number
associated with the approved research endowment plan, canceled checks, and gift
receipts;
(b) Bank statements, investment statements, canceled checks, and
gift receipts; or
(c) Wire transfer documentation, gift receipts, and bank
statements.
C. In addition to the written request for distribution, the nonprofit institution of higher education shall submit documentation for the qualified donations including:
(1)—(3) (text unchanged)
(4) For a qualified donation that includes a bequest, evidence
in a form satisfactory to the Authority that includes but is not limited to the
will, trust agreement, or other documents evidencing the bequest;
[(4)] (5)—[(6)] (7) (text unchanged)
D. (text unchanged)
.07 Distributions — Authority Review.
A. Within 90 days of execution of the agreement for distribution
of matching funds under the Program, the nonprofit institution of higher
education shall submit a request for distribution of matching funds from the
Fund.
[A.] B.—[B.] C. (text unchanged)
[C.] D. In addition to the factors set forth in Economic Development Article, §6-618(c), Annotated Code of Maryland, in evaluating a request for distribution from the Fund, the Authority shall consider [the following factors:
(1) Whether the request for a distribution is consistent with and will further the goals and objectives of the nonprofit institution of higher education as expressed in the approved research endowment plan; and
(2) Whether] whether the qualified donation is greater than or equal to the amount of the requested distribution of matching funds from the Fund.
[D. If the Authority determines to grant a request for distribution of matching funds to a nonprofit institution of higher education, the Authority shall issue an approval letter to the nonprofit institution of higher education.]
E. [Before the earlier to occur of the end of the fiscal year in which the Authority has approved a request for distribution of matching funds or 90] Ninety days after the Authority approves a request for distribution of matching funds, the nonprofit institution of higher education shall deposit an amount of qualified donations equal to or greater than the total amount of funds allocated for distribution to the nonprofit institution of higher education into the applicable research endowment.
F. (text unchanged)
.08 Reallocation of Funds.
[A.] If a nonprofit institution of higher education fails to have deposited into its research endowment the required amount of qualified donations within 90 days after the Authority approves a request for distribution of matching funds:
[(1)] A.—[(2)] B. (text unchanged)
[B. Notwithstanding §A of this regulation, if the Authority has approved a distribution of matching funds under Regulation .07 of this chapter but the nonprofit institution of higher education fails to deposit into its research endowment the required amount of qualified donations prior to the end of the fiscal year, the nonprofit institution shall return the matching funds to the Authority within 10 business days of the end of the fiscal year, and the Authority shall reallocate the matching funds in the next fiscal year in accordance with the Act and this chapter.
C. If a nonprofit institution of higher education which has been allocated matching funds for a fiscal year fails to submit a request for matching funds in accordance with Regulation .06 of this chapter equal to the total of funds allocated to the nonprofit institution of higher education before the end of the fiscal year, the matching funds allocated which have not been requested shall be reallocated by the Authority in the next fiscal year in accordance with the Act and this chapter.]
.09 Reporting Requirements.
A. By [September 30, 2016, and annually thereafter] November 15 of each year, a nonprofit institution of higher education which has received matching funds shall provide an annual report to the Authority on the form required by the Authority, for the 12- month period ending June 30 of that year, that includes a full accounting of the matching funds, endowment proceeds, and adherence to the objectives established by the research endowment plan approved by the Authority.
B.—C. (text unchanged)
D. [By September 30, 2021] Five years after the installment of the endowed professor, a nonprofit institution of higher education which has received matching funds shall provide a comprehensive report to the Authority on the impact of the Program on research competitiveness, institutional growth, [and] infrastructure development, entrepreneurial activity, and economic development. The nonprofit institution of higher education shall articulate clearly the strategic goals realized and those anticipated as a result of its participation in the Program. The comprehensive report shall include a full accounting of all matching funds distributed to the nonprofit institution of higher education, endowment proceeds, outcomes, and designated endowments.
E. After the submission of the cumulative report, nonprofit
institutions of higher education shall provide on the form required by the
Authority a report to the Authority by November 15 of each year documenting how
qualified donations and matching funds were used. These reports shall include
such items as the number of endowed chairs, professorships, and research
scholars created or expanded using Program funds, and the impact of the Program
in terms of job creation, increases in sponsored research attributable to the Program,
and generation and profitable use of intellectual property. The nonprofit
institutions of higher education shall also provide annual Fiduciary Duty in
the 21st Century reports as part of their annual report to the
Authority. The Authority may work with nonprofit institutions of higher
education to identify any additional information that shall be included in
reports provided to the Authority.
F. Failure to timely submit a report on the required form to the
Authority may result in a return and reallocation of matching funds.
.10 Audits and Inquiries.
A. Audits.
(1) The Authority may require at any reasonable time an audit of any information submitted to the Authority by the nonprofit institution of higher education in its application, research endowment plan, report, or request for distribution of matching funds from the Fund.
(2)—(5) (text unchanged)
(6) If the Authority disapproves of the auditor, it shall give written notice to the nonprofit institution of higher education of the disapproval and of the reasons for it. The nonprofit institution of higher education, within 5 business days after receipt of the Authority’s disapproval of an auditor, shall select an alternative auditor and submit to the Authority a written response naming the alternative independent auditor selected by the nonprofit institution of higher education.
(7) (text unchanged)
B. (text unchanged)
.11 Noncompliance with Approved Research Endowment Plan.
A.—B. (text unchanged)
C. If the Authority determines in its sole discretion that the noncompliance is capable of cure by the nonprofit institution of higher education, the Authority may provide the nonprofit institution of higher education with a reasonable period of time, as determined by the Authority in its sole discretion, to cure the noncompliance.
D.—E. (text unchanged)
KEVIN ANDERSON
Secretary of Commerce
At 51:4 Md. R. 206 (February 23, 2024), column 2, before line 16 from the bottom:
Insert: B.—I. (text
unchanged)
[24-14-04]
WATER AND SCIENCE ADMINISTRATION
Water Quality Certification
24-WQC-0022
Maryland Transportation Authority
8019 Corporate Drive, Suite F
Nottingham, MD 21236
This notice is being republished to correct a typographical error in the project webpage link, which has been updated as part of this republication. No other information has changed.
Add’l. Info: Pursuant to COMAR 26.08.02.10F(1)(d), the Maryland Department of the Environment is providing notice of a scheduled Public Hearing for Water Quality Certification 24-WQC-0022.
Location: I-695 over the Patapsco River, within Baltimore City and Baltimore and Anne Arundel Counties
The Maryland Transportation Authority has requested a Water Quality Certification for demolition of the stable standing structures comprising the remaining Francis Scott Key Bridge in preparation for bridge reconstruction.
The purpose of this notice is to solicit comments from the public about the proposed work and to announce the date of a Maryland Department of the Environment public informational hearing on the request for certification. At this time, no decision has been made as to whether a certification will be issued. A public informational hearing has been scheduled for the referenced project on Thursday, August 1, 2024 at the Baltimore County Public Library, North Point Branch, located at 1716 Merritt Blvd., Dundalk, MD 21222. A poster session will be held from 4:30 PM to 5:30 PM; the informational hearing will begin at 5:30 PM and end no later than 7:30 PM. Written comments will be accepted until August 15, 2024. Additional information on this project is available at the following link:
https://mde.maryland.gov/programs/water/WetlandsandWaterways/Pages/FrancisScottKeyBridge.aspx
Contact: Matthew Wallach at matthew.wallach@maryland.gov or 410-207-0893.
Proposed Additions to Handgun Roster
and Notice of Right to Object or Petition
The following is a list of handguns that the
Handgun Roster Board proposes to add to the official handgun roster. These handguns
will be officially placed on the Handgun Roster if no timely objection is received
or if all timely objections are dismissed.
Under the Public Safety Article, §5-405, Annotated
Code of Maryland and COMAR 29.03.03.13 and .14, any person may object to the placement
of any of those handguns on the Handgun Roster.
Objections must be filed within 30 days after June 28, 2024.
In addition, any person may petition for the placement of an additional handgun
on the Handgun Roster. Forms for objections or petitions may be obtained from: Rachel
Rosenberg, Administrator, Handgun Roster Board, 1201 Reisterstown Road, Baltimore,
Maryland 21208 (Phone: 410-653-4247).
Make |
Model |
Caliber |
Additional Comments |
Legion Precision Weapon Systems LLC |
LPWS 2011 |
9 mm |
|
REK Firearms |
9HBP Pistol |
9 mm |
|
TISAS (SDS IMPORTS) |
1911 A1 TANKER |
45 ACP |
Model addition |
F.
TANFOGLIO (ITALIAN FIREARMS GROUP) |
DEFIANT
LIMITED PRO |
38
Super |
Caliber addition |
LES BAER CUSTOM |
AMERICAN
HANDGUNNER |
10 mm, 45 ACP |
Model addition |
TISAS (SDS IMPORTS) |
The
Volunteer |
45
ACP |
Model addition |
TISAS |
1911
Raider B45RDG |
45
ACP |
Model addition |
SIG SAUER/SIGARMS INC. |
MCX Rattler LT Pistol |
300 BLK |
Model addition |
ROSSI/TAURUS ARMAS (BRAZTECH INTERNATIONAL, LC) |
RP63 |
357 Mag/38 Spl |
Caliber addition |
TISAS (SDS IMPORTS) |
1911 Duty Double Stack |
9 mm |
Model addition |
GLOCK |
31C GEN 4 |
357 Sig |
Model addition |
GLOCK |
32C GEN 4 |
357 Sig |
Model addition |
GLOCK |
22C GEN 4 |
40 S&W |
Model addition |
GLOCK |
22C RTF-2 |
40 S&W |
Model addition |
GLOCK |
23C GEN 4 |
40 S&W |
Model addition |
GLOCK |
23C RTF-2 |
40 S&W |
Model addition |
GLOCK |
21C GEN 4 |
45 ACP |
Model addition |
KIMBER |
ULTRA CDP |
9 mm |
Caliber addition |
TAURUS ARMAS (TAURUS INTERNATIONAL MFG.) |
605 Protector Poly |
357 Mag |
Model addition |
SAR ST10 |
9 mm |
Model addition |
|
BOND ARMS |
1836 Texas Defender |
45 Colt/410 Bore |
Model addition |
ISRAEL WEAPON INDUSTRIES (IWI US) |
Masada 9 ORP Tactical |
9 mm |
Model addition |
TISAS |
1911 Carry Double Stack |
9 mm |
Model addition |
WILSON
COMBAT |
EDC
X9 2.0 |
9
mm |
Model addition |
COLT/COLTS MFG. CO., INC. |
1917 WORLD WAR I COMMEMORATIVE 1967 |
45 ACP |
Model addition |
TARAN
TACTICAL INNOVATIONS |
Sand Viper |
9 mm |
Model addition |
Combat Armory |
CA19 |
9 mm |
Model addition |
ABC RIFLE COMPANY |
ABC-15 PISTOL |
5.56 NATO |
|
Q |
THE FIX |
8.6 Blackout |
|
SMITH & WESSON |
686-6 PERFORMANCE CENTER |
357 Mag |
Model addition |
BOND ARMS |
HONEY B |
22 Mag |
Caliber addition |
SIG
SAUER/SIGARMS INC. |
1911X |
45
ACP |
Model addition |
LES BAER CUSTOM |
HEMI |
45 ACP |
Model addition |
F. TANFOGLIO (ITALIAN FIREARMS GROUP) |
FORCE COMPACT F |
10 mm |
Model addition |
TISAS |
PX-9 GEN 3 CARRY |
9 mm |
Model addition |
TISAS (SDS IMPORTS) |
1911 A1 Desperado |
9 mm, 38 Super |
Model addition |
Heavy Armor Division |
1911 |
45 ACP, 40 S&W, 9 mm, 10 mm |
Model addition |
STEALTH ARMS |
1911 |
45 ACP, 40 S&W, 9 mm, 10 mm |
Model addition |
CARL WALTHER (WALTHER ARMS) |
PDP PRO SD FULL SIZE |
9 mm |
Model addition |
DANIEL
DEFENSE, INC. |
DANIEL
H9 |
9
mm |
|
Possum Kingdom Tactical |
Little Possum Pistol |
300 BLK |
|
TISAS |
1911 Night Stalker Double Stack |
9 mm |
Model addition |
GIRSAN (EAA) |
MC 1911 S Match Negotiator |
10 mm, 45 ACP |
Model addition |
GIRSAN (EAA) |
MC P35 Negotiator |
9 mm |
Model addition |
GIRSAN (EAA) |
Witness 2311 C Negotiator |
9 mm |
Model addition |
CHARTER
ARMS/CHARCO INC. |
PROFESSIONAL |
357 Mag |
Caliber addition |
CASPIAN ARMS LTD. |
1911 |
22 LR |
Caliber addition |
GRAND POWER |
K100 MK23 |
9 mm |
Model addition |
ABC RIFLE COMPANY |
ABC-15 PISTOL |
7.62X39mm |
Caliber addition |
ABC RIFLE COMPANY |
ABC-15B MINI MICRO PISTOL |
300 BLK, 5.56 NATO, 223 Rem |
Model addition |
SPRINGFIELD ARMORY/INC. |
XD-9 |
9 mm |
Model addition |
TISAS |
1911 A1 Tank Commander |
45 ACP |
Model addition |
CMMG, INC. |
BANSHEE MK10 Pistol |
10 mm |
Model addition |
CMMG, INC. |
DISSENT MK4 |
9 mm |
Caliber addition |
Military Armament Corporation |
MAC 5 Pistol |
9 mm |
Model addition |
Military Armament Corporation |
MAC 5K Pistol |
9 mm |
Model addition |
SIG SAUER/SIGARMS INC. |
1911 C3 |
45 ACP |
Model addition |
HECKLER & KOCH |
SFP9CC |
9 mm |
Model addition |
WILSON COMBAT |
American Combat Pistol (ACP) |
45 ACP, 9 mm |
Model addition |
DPMS |
ANVIL-S |
7.62X39mm |
|
COLT'S PT. F.A. MFG. CO. |
Colt Automatic Hammerless Model 1908 |
380 ACP |
|
CANIK (CENTURY ARMS) |
SIGNATURE SERIES METE SF APOCALYPSE |
9 mm |
Model addition |
TISAS (Military Armament Corporation) |
ZIG M1911 / 1911 MAC JSOC |
45 ACP |
Model addition |
BOND ARMS |
Cyclops Thumper |
50AE |
Model addition |
ALFA-PROJ (ARMSCOR PRECISION INTERNATIONAL) |
AL3.1 |
357 Mag |
Model addition |
QUARTERCIRCLE 10 |
GSF Pistol |
9 mm |
|
SHADOW SYSTEMS CORP |
CR920X |
9 mm |
Model addition |
SHADOW SYSTEMS CORP |
CR920XP |
9 mm |
Model addition |
TISAS |
U.S. 1911-A1 |
45 ACP |
Model addition |
BUL TRANSMARK, LTD. (BUL ARMORY USA, LLC) |
TAC PRO 5” |
9 mm |
Model addition |
CMMG,
INC. |
DISSENT
MKG |
45
ACP |
Model addition |
Brownells, Inc./Clark Custom Guns |
1911 |
45 ACP |
|
BERETTA USA |
M9A4 CENTURION |
9 mm |
Model addition |
BLACK RAIN ORDNANCE |
Frontline |
9 mm |
|
SMITH & WESSON |
432-UC |
32 H&R Mag |
|
SMITH & WESSON |
442-UC |
38 SPL+P |
|
LIVE FREE ARMORY |
APOLLO 11 COMPACT |
9 mm |
|
JTAC Industries/HOWA (Legacy Sports) |
HOWA Model 1500 Elf Owl Pistol |
300 BLK |
|
SMITH & WESSON |
632-UC |
32 H&R Mag |
Model addition |
SMITH & WESSON |
642-UC |
38 SPL+P |
Model addition |
GRAND POWER S.R.O. (GLOBAL ORDNANCE LLC) |
Q100 MK23 |
9 mm |
|
Oracle Arms |
2311 Full Size |
9 mm |
|
EXTAR |
EXP556 |
5.56 NATO |
|
Kings River Custom |
1911 Phoenix Fighting Gun |
45 ACP, 10 mm, 40 S&W, 9 mm |
|
Jacob Grey |
TWC9 |
9 mm |
|
LONE WOLF ARMS |
LTD17 |
9 mm |
Model addition |
ROCK ISLAND ARMORY |
RIA 5.0 |
9 mm |
Model addition |
SIG SAUER/SIGARMS INC. |
P938 Equinox |
9 mm |
Model addition |
KORTH (NIGHTHAWK CUSTOM) |
Super Sport GTA |
357 Mag |
Model addition |
KORTH (NIGHTHAWK CUSTOM) |
Super Sport GTS |
357 Mag |
Model addition |
Oracle Arms |
2311 Compact |
9 mm |
Model addition |
Oracle Arms |
2311 Compact Pro |
9 mm |
Model addition |
Oracle Arms |
2311 Compact Pro Plus |
9 mm |
Model addition |
LIVE FREE ARMORY |
APOLLO 11 FULL SIZE |
9 mm |
Model addition |
GRAND POWER S.R.O. (GLOBAL ORDNANCE LLC) |
Q1 MK23 |
9 mm |
Model addition |
BOND ARMS |
RANGER-II (WITH TRIGGER GUARD) |
357 Mag/38 Spl |
Caliber addition |
SPRINGFIELD ARMORY/INC. |
1911 A1 |
460 Rowland |
Caliber addition |
AMT OR IAI/AMT |
Javelina Long Slide Hunting Model |
10 mm |
Model addition |
BUL ARMORY |
1911 RACER |
9 mm |
Model addition |
BUL ARMORY |
SAS II SPIKE |
9 mm |
Model addition |
BUL ARMORY |
SAS II EDC PRO |
9 mm |
Model addition |
SMITH & WESSON |
M&P 40 PRO SERIES |
40 S&W |
Model addition |
STOEGER (STOEGER INDUSTRIES INC.) |
STR-9 COMBAT X |
9 mm |
Model addition |
STOEGER (STOEGER INDUSTRIES INC.) |
STR-45 |
45 ACP |
Model addition |
TISAS |
1911 DUTY B45R |
45 ACP |
Model addition |
[24-13-04]
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: July 18, 2024, 10 a.m. — 12 p.m.
Place: Via Google Meet — please see Board’s website for details.
Contact: Lenelle Cooper (410) 764-4733
[24-13-02]
Date and Time: July 9, 2024, 12 — 1:30 p.m.
Place: Via Google Meet — please see details below.
Add’l. Info: Joining Info:
Meeting link: meet.google.com/wkb-cotb-cuu
Or call: +1 601-680-7142
PIN: 379 774 925#
Website: https://health.maryland.gov/phpa/mch/Pages/Protected-Health-Care-Commission.aspx
Contact: Becky Shasha 443-695-4446
[24-13-03]
MARYLAND HEALTH BENEFIT EXCHANGE
Date and Time: July 16, 2024, 12pm — 1pm
Place: Via Google Meet — please see details below.
Add’l. Info: Joining Info:
Video call link:
https://meet.google.com/szm-xbey-kkt
Or dial: (US) +1
502-791-5281
PIN: 173 936 390#
Pursuant to 31 CFR §33.120(c) and 45 CFR §155.1320(c), the Maryland Health Benefit Exchange will afford the public an opportunity to provide meaningful comment on the progress of the State Reinsurance Program (SRP).
Contact: Becca Lane (410) 547-7371
[24-13-06]
MARYLAND HEALTH CARE COMMISSION
Subject: Notice of Receipt of a Letter of Intent and Review for Alcoholism and Drug Abuse Intermediate Care Facility Beds
Add’l. Info: On June 13, 2024, the MHCC received a Letter of Intent from:
KMH Medical Services — Establish a Track Two Alcoholism and Drug Abuse Intermediate Care Facility as a Level 3.7 Medically Monitored Intensive Inpatient Services Withdrawal Management, and Level 3.7D — Medically Monitored Inpatient Detoxification. The facility will include 20 adult ICF beds and will be located at 900 Cator Avenue, Baltimore, MD 21218.
Pursuant to COMAR 10.24.01.08A(3), the Commission hereby initiates a 30-day period in which additional Letters of Intent to apply for a Certificate of Need may be submitted to establish a Track Two Alcoholism and Drug Abuse Treatment Facility in Central Maryland (Baltimore City and Baltimore, Harford, Howard and Anne Arundel counties). Additional Letters of Intent should be submitted to the MHCC, 4160 Patterson Avenue, Baltimore, MD 21215, and are due by the close of business, July 29, 2024.
Contact: Deanna Dunn 410-767-6177
[24-13-07]
MARYLAND HEALTH CARE COMMISSION
Subject: Receipt of Application
Add’l. Info: On June 7, 2024, the Maryland Health Care Commission (MHCC) received a Certificate of Need application submitted by:
Surgcenter at Harborside, LLC d/b/a Harborside Surgery Center — Matter No. 24-16-2470 — Harborside Surgery Center (Harborside) is currently licensed by the State of Maryland as an ASC-2 with two operating rooms and three procedure rooms. Harborside proposes to operate the center as an ambulatory surgical facility (ASF) with three total operating rooms and two procedure rooms through the conversion of one procedure room to an operating room; Project Budget: $247,985.
The MHCC shall review the applications under Health-General Article, §19-101 et seq., Annotated Code of Maryland, and COMAR 10.24.01.
Any affected person may make a written request to the Commission to receive copies of relevant notices concerning the application. All further notices of proceedings on the application will be sent only to affected persons who have registered as interested parties.
Please refer to the Matter No. listed above in any correspondence on the application. A copy of the application is available, for review, in the office of the MHCC, during regular business hours by appointment, or on the Commission’s website at www.mhcc.maryland.gov.
All correspondence should be addressed to Wynee Hawk, Director, Center for Health Care Facilities Planning and Development, MHCC, 4160 Patterson Avenue, Baltimore, MD 21215
Contact: Deanna Dunn 410-767-6177
[24-13-05]
MARYLAND COLLEGE COLLABORATION FOR STUDENT VETERANS COMMISSION
Date and Time: July 31, 2024, 10 a.m. — 12 p.m.
Place: 301 Largo Rd., Largo, MD
Contact: Denise Nooe 410-260-3840
[24-13-01]