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Maryland Register
Issue Date: August 23, 2024
Volume 51 • Issue 17 • Pages 769 — 800
IN THIS ISSUE
Governor
Judiciary
Regulations
Special Documents
General Notices
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Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before August 5, 2024 5 p.m.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 August 5, 2024.
Gail S. Klakring
Administrator, Division of State Documents
Office of the Secretary of State
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Information About the Maryland
Register and COMAR
MARYLAND REGISTER
The Maryland Register is an official State publication published every
other week throughout the year. A cumulative index is published quarterly.
The Maryland Register is the temporary supplement to the Code of
Maryland Regulations. Any change to the text of regulations published in COMAR, whether by adoption, amendment,
repeal, or emergency action, must first be published in the Register.
The following information is also published regularly in the Register:
• Governor’s Executive Orders
• Attorney General’s Opinions in full text
• Open Meetings Compliance Board Opinions in full text
• State Ethics Commission Opinions in full text
• Court Rules
• District Court Administrative Memoranda
• Courts of Appeal Hearing Calendars
• Agency Hearing and Meeting Notices
• Synopses of Bills Introduced and Enacted
by the General Assembly
• Other documents considered to be in the public interest
CITATION TO THE
MARYLAND REGISTER
The Maryland Register is cited by volume, issue, page number, and date.
Example:
• 19:8 Md. R. 815—817 (April 17,
1992) refers to Volume 19, Issue 8, pages 815—817 of the Maryland Register
issued on April 17, 1992.
CODE OF MARYLAND
REGULATIONS (COMAR)
COMAR is the official compilation of all regulations issued by agencies
of the State of Maryland. The Maryland Register is COMAR’s temporary
supplement, printing all changes to regulations as soon as they occur. At least
once annually, the changes to regulations printed in the Maryland Register are
incorporated into COMAR by means of permanent supplements.
CITATION TO COMAR
REGULATIONS
COMAR regulations are cited by title number, subtitle number, chapter
number, and regulation number. Example: COMAR 10.08.01.03 refers to Title 10,
Subtitle 08, Chapter 01, Regulation 03.
DOCUMENTS INCORPORATED
BY REFERENCE
Incorporation by reference is a legal device by which a document is made
part of COMAR simply by referring to it. While the text of an incorporated
document does not appear in COMAR, the provisions of the incorporated document
are as fully enforceable as any other COMAR regulation. Each regulation that
proposes to incorporate a document is identified in the Maryland Register by an
Editor’s Note. The Cumulative Table of COMAR Regulations Adopted, Amended or
Repealed, found online, also identifies each regulation incorporating a
document. Documents incorporated by reference are available for inspection in
various depository libraries located throughout the State and at the Division
of State Documents. These depositories are listed in the first issue of the
Maryland Register published each year. For further information, call
410-974-2486.
HOW TO RESEARCH REGULATIONS
An
Administrative History at the end of every COMAR chapter gives information
about past changes to regulations. To determine if there have been any
subsequent changes, check the ‘‘Cumulative Table of COMAR Regulations Adopted,
Amended, or Repealed’’ which is found online at http://www.dsd.state.md.us/PDF/CumulativeTable.pdf.
This table lists the regulations in numerical order, by their COMAR number,
followed by the citation to the Maryland Register in which the change occurred.
The Maryland Register serves as a temporary supplement to COMAR, and the two
publications must always be used together. A Research Guide for Maryland
Regulations is available. For further information, call 410-260-3876.
SUBSCRIPTION
INFORMATION
For subscription forms for the Maryland Register and COMAR, see the back
pages of the Maryland Register. Single issues of the Maryland Register are $15.00
per issue.
CITIZEN PARTICIPATION IN
THE REGULATION-MAKING PROCESS
Maryland citizens and other interested
persons may participate in the process by which administrative regulations are
adopted, amended, or repealed, and may also initiate the process by which the
validity and applicability of regulations is determined. Listed below are some
of the ways in which citizens may participate (references are to State
Government Article (SG),
Annotated
Code of Maryland):
• By submitting data or views on proposed
regulations either orally or in writing, to the proposing agency (see
‘‘Opportunity for Public Comment’’ at the beginning of all regulations
appearing in the Proposed Action on Regulations section of the Maryland
Register). (See SG, §10-112)
• By petitioning an agency to adopt, amend,
or repeal regulations. The agency must respond to the petition. (See SG
§10-123)
• By petitioning an agency to issue a
declaratory ruling with respect to how any regulation, order, or statute
enforced by the agency applies. (SG, Title 10, Subtitle 3)
• By petitioning the circuit court for a
declaratory judgment
on
the validity of a regulation when it appears that the regulation interferes
with or impairs the legal rights or privileges of the petitioner. (SG, §10-125)
• By inspecting a certified copy of any
document filed with the Division of State Documents for publication in the
Maryland Register. (See SG, §7-213)
Maryland
Register (ISSN 0360-2834).
Postmaster: Send address changes and other mail to: Maryland Register, State
House, Annapolis, Maryland 21401. Tel. 410-260-3876. Published biweekly, with
cumulative indexes published quarterly, by the State of Maryland, Division of
State Documents, State House, Annapolis, Maryland 21401. The subscription rate
for the Maryland Register is $225 per year (first class mail). All
subscriptions post-paid to points in the U.S. periodicals postage paid at
Annapolis, Maryland, and additional mailing offices.
Wes Moore, Governor; Susan C. Lee, Secretary of State; Gail S. Klakring, Administrator; Mary D. MacDonald, Senior Editor, Maryland Register and COMAR; Tarshia N. Neal, Subscription Manager; Tami Cathell, Help Desk, COMAR and
Maryland Register Online.
Front cover: State House,
Annapolis, MD, built 1772—79.
Illustrations by Carolyn Anderson, Dept. of General Services
Note: All
products purchased are for individual use only. Resale or other compensated
transfer of the information in printed or electronic form is a prohibited
commercial purpose (see State Government Article, §7-206.2, Annotated Code of
Maryland). By purchasing a product, the buyer agrees that the purchase is for
individual use only and will not sell or give the product to another individual
or entity.
Closing Dates for the Maryland
Register
Schedule of Closing Dates and
Issue Dates for the
Maryland Register ..................................................................... 772
COMAR Research Aids
Table
of Pending Proposals ........................................................... 773
Index of COMAR Titles Affected in
This Issue
COMAR
Title Number and Name Page
08 Department of Natural Resources ..................................... 777
09 Maryland Department of Labor ......................................... 777
10 Maryland Department of Health ........................................ 779
12 Department
of Public Safety and Correctional Services ..... 777
14 Independent Agencies ............................................... 777, 779
20 Public Service Commission ............................................... 789
24 Department of Commerce ................................................. 778
PERSONS
WITH DISABILITIES
Individuals
with disabilities who desire assistance in using the publications and services
of the Division of State Documents are encouraged to call (410) 974-2486, or
(800) 633-9657, or FAX to (410) 974-2546, or through Maryland Relay.
The Governor
EXECUTIVE ORDER
01.01.2024.26
Declaration of a State of Preparedness-Severe Weather
Impact of Hurricane Debby . 775
The Judiciary
SUPREME COURT OF MARYLAND
DISCIPLINARY PROCEEDINGS .................................. 776
Final Action on Regulations
08 DEPARTMENT OF NATURAL RESOURCES
FISHERIES SERVICE
Shell Recycling Tax Credit ...................................................... 777
09 MARYLAND DEPARTMENT OF LABOR
MARYLAND BOARD OF ELECTRICIANS
Continuing Education . 777
12 DEPARTMENT OF PUBLIC SAFETY AND
CORRECTIONAL SERVICES
CORRECTIONAL TRAINING COMMISSION
General Regulations . 777
14 INDEPENDENT AGENCIES
MARYLAND CENTER FOR SCHOOL SAFETY
Data Collection and Reporting . 777
24 DEPARTMENT OF COMMERCE
ECONOMIC DEVELOPMENT
Maryland E-Nnovation Initiative Program .. 778
Proposed Action on Regulations
10 MARYLAND DEPARTMENT OF HEALTH
HEALTH SERVICES COST REVIEW COMMISSION
Uniform Accounting and Reporting System for Hospitals
and
Related Institutions . 779
14 INDEPENDENT AGENCIES
COMMISSION ON CRIMINAL SENTENCING POLICY
General Regulations . 779
Criminal Offenses and Seriousness Categories . 779
MARYLAND ENERGY ADMINISTRATION
Maryland Efficiency Standards . 784
MARYLAND HEALTH BENEFIT EXCHANGE
Small Business Health Options Program .. 789
20 PUBLIC SERVICE COMMISSION
SERVICE SUPPLIED BY ELECTRIC COMPANIES
Small Generator Facility Interconnection Standards . 789
Special Documents
DEPARTMENT OF THE ENVIRONMENT
SUSQUEHANNA RIVER BASIN COMMISSION
Commission Meeting . 796
Projects Approved for Consumptive Uses of Water 796
Grandfathering Registration Notice . 798
General Permit Notice . 798
WATER AND SCIENCE ADMINISTRATION
Water Quality Certification 23-WQC-0035 . 798
MARYLAND HEALTH CARE COMMISSION
SCHEDULE FOR CERTIFICATE OF ONGOING
PERFORMANCE REVIEWS — PERCUTANEOUS
CORONARY INTERVENTION SERVICES ............... 799
DEPARTMENT OF NATURAL RESOURCES
FISHING AND BOATING SERVICES
Public Notice — Spanish Mackerel Commercial Fishery
Season and Catch Limit — Effective
8/5/2024 ................ 799
General Notices
BOARD OF PUBLIC ACCOUNTANCY
Public Meeting ......................................................................... 800
STATE COLLECTION AGENCY LICENSING BOARD
Public Meeting ......................................................................... 800
COMMISSION ON CRIMINAL SENTENCING POLICY
Public Meeting ......................................................................... 800
MARYLAND DEPARTMENT OF HEALTH/HARM
REDUCTION STANDING ADVISORY COMMITTEE
(HRSAC)
Public Meeting ......................................................................... 800
MARYLAND DEPARTMENT OF HEALTH/PHARMACY
AND THERAPEUTICS (P&T) COMMITTEE
Public Meeting ......................................................................... 800
DEPARTMENT OF INFORMATION TECHNOLOGY
Public Meeting ......................................................................... 800
Public Meeting ......................................................................... 800
MARYLAND STATE LOTTERY AND GAMING CONTROL
COMMISSION
Public Meeting . 800
COMAR
Online
The Code of Maryland
Regulations is available at www.dsd.state.md.us as a free service of the Office
of the Secretary of State, Division of State Documents. The full text of
regulations is available and searchable. Note, however, that the printed COMAR
continues to be the only official and enforceable version of COMAR.
The Maryland Register is
also available at www.dsd.state.md.us.
For additional
information, visit www.dsd.maryland.gov, Division
of State Documents, or call us at (410) 974-2486 or 1 (800) 633-9657.
Availability
of Monthly List of
Maryland Documents
The Maryland Department of
Legislative Services receives copies of all publications issued by State
officers and agencies. The Department prepares and distributes, for a fee, a
list of these publications under the title ‘‘Maryland Documents’’. This list is
published monthly, and contains bibliographic information concerning regular
and special reports, bulletins, serials, periodicals, catalogues, and a variety
of other State publications. ‘‘Maryland Documents’’ also includes local
publications.
Anyone wishing to receive
‘‘Maryland Documents’’ should write to: Legislative Sales, Maryland Department
of Legislative Services, 90 State Circle, Annapolis, MD 21401.
CLOSING DATES AND ISSUE DATES THROUGH
December 2025†
|
Issue
Date
|
Emergency
and
Proposed
Regulations
5
p.m.*
|
Notices,
etc.
10:30
a.m.
|
Final
Regulations
10:30
a.m.
|
|
2024
|
|
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
|
|
2025
|
|
|
|
|
January 10
|
December 23
|
December 30
|
December 31**
|
|
January 24
|
January 6
|
January 13
|
January 15
|
|
February 7
|
January 17**
|
January 27
|
January 29
|
|
February 21
|
February 3
|
February 10
|
February 12
|
|
March 7
|
February 14**
|
February 24
|
February 26
|
|
March 21
|
March 3
|
March 10
|
March 12
|
|
April 4
|
March 17
|
March 24
|
March 26
|
|
April 18
|
March 31
|
April 7
|
April 9
|
|
May 2
|
April 14
|
April 21
|
April 23
|
|
May 16
|
April 28
|
May 5
|
May 7
|
|
May 30
|
May 12
|
May 19
|
May 21
|
|
June 13
|
May 23**
|
June 2
|
June 4
|
|
June 27
|
June 9
|
June 16
|
June 18
|
|
July 11
|
June 23
|
June 30
|
July 2
|
|
July 25
|
July 7
|
July 14
|
July 16
|
|
August 8
|
July 21
|
July 28
|
July 30
|
|
August 22
|
August 4
|
August 11
|
August 13
|
|
September 5
|
August 18
|
August 25
|
August 27
|
|
September 19
|
August 29**
|
September 8
|
September 10
|
|
October 3
|
September 15
|
September 22
|
September 24
|
|
October 17
|
September 29
|
October 6
|
October 8
|
|
October 31
|
October 10**
|
October 20
|
October 22
|
|
November 14
|
October 27
|
November 3
|
November 5
|
|
December 1***
|
November 10
|
November 17
|
November 19
|
|
December 12
|
November 24
|
December 1
|
December 3
|
|
December 26
|
December 8
|
December 15
|
December 17
|
† 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 due to holidays.
*** Note
issue date changes due to holidays.
The regular closing date for Proposals
and Emergencies is Monday.
Cumulative Table of COMAR Regulations
Adopted, Amended, or Repealed
This
table, previously printed in the Maryland Register lists the regulations, by
COMAR title, that have been adopted, amended, or repealed in the Maryland
Register since the regulations were originally published or last supplemented
in the Code of Maryland Regulations (COMAR). The table is no longer printed
here but may be found on the Division of State Documents website at
www.dsd.state.md.us.
Table of Pending Proposals
The table below lists proposed changes to
COMAR regulations. The proposed changes are listed by their COMAR number,
followed by a citation to that issue of the Maryland Register in which the
proposal appeared. Errata and corrections pertaining to proposed regulations
are listed, followed by “(err)” or “(corr),” respectively. Regulations
referencing a document incorporated by reference are followed by “(ibr)”. None
of the proposals listed in this table have been adopted. A list of adopted
proposals appears in the Cumulative Table of COMAR Regulations Adopted,
Amended, or Repealed.
05 DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
05.22.01.01—.07 • 51:16 Md. R. 746 (8-9-24)
08 DEPARTMENT OF NATURAL RESOURCES
08.02.05.23,.26,.27
• 51:10 Md. R. 534 (5-17-24)
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)
08.03.03.01 • 51:16 Md. R. 748 (8-9-24)
08.03.03.03—.05,.07,.08 • 51:16 Md. R. 749 (8-9-24)
08.03.07.04,.07 • 51:16 Md. R. 757 (8-9-24)
08.08.05.03 • 51:13 Md. R. 649 (6-28-24)
09 MARYLAND DEPARTMENT OF LABOR
09.03.02.01,.04,.09—.13
• 51:14 Md. R. 685 (7-12-24)
09.03.06.02,.04,.06,.16
• 51:14 Md. R. 685 (7-12-24)
09.03.09.02,.07 •
51:14 Md. R. 685 (7-12-24)
09.03.15.01—.05 •
51:14 Md. R. 688 (7-12-24)
51:15 Md. R. 713 (7-26-24) (corr)
09.10.02.43,.53 •
50:24 Md. R. 1046 (12-1-23)
09.11.09.02 •
51:15 Md. R. 713 (7-26-24)
09.12.32.01—.10 •
51:15 Md. R. 714 (7-26-24)
09.33.02.01—.09 •
50:25 Md. R. 1100 (12-15-23)
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)
10.09.33.09 •
51:3 Md. R. 161 (2-9-24)
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)
10.09.46.12 • 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)
10.09.89.14 • 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)
10.18.05.01—.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)
10.32.01.10 •
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)
Subtitles 37—52 (5th volume)
10.37.01.03 •
51:17 Md. R. 779 (8-23-24)
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)
10.63.07.02,.03,.05,.11
• 51:3 Md. R. 173 (2-9-24)
10.67.04.20 •
50:24 Md. R. 1049 (12-1-23)
10.67.06.28 •
50:24 Md. R. 1049 (12-1-23)
11 DEPARTMENT OF TRANSPORTATION
Subtitles 01—10
11.03.01.09 •
51:11 Md. R. 585 (5-31-24)
12 DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES
12.04.09.02 • 51:13 Md. R. 650 (6-28-24)
13A STATE BOARD OF EDUCATION
13A.03.02.12 •
51:14 Md. R. 690 (7-12-24)
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)
13B MARYLAND HIGHER EDUCATION COMMISSION
13B.08.17.02—.05 • 51:16 Md. R. 759 (8-9-24)
14 INDEPENDENT AGENCIES
14.22.01.12,.14 • 51:17 Md. R. 779 (8-23-24)
14.22.02.01,.02 • 51:17 Md. R. 779 (8-23-24)
14.26.03.01—.06,.08—.13 • 51:17 Md. R. 784 (8-23-24)
14.35.18.03,.04 • 51:17 Md. R. 789 (8-23-24)
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)
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 • 51:17 Md. R. 789
(8-23-24)
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)
25 OFFICE OF THE STATE TREASURER
25.04.01.01—.10 • 51:16 Md. R. 760 (8-9-24)
26 DEPARTMENT OF THE ENVIRONMENT
Subtitles 01—07 (Part 1)
26.04.01.01,.01-1,.20,.31 • 51:6 Md. R. 309 (3-22-24)
(ibr)
Subtitles 19—28 (Part 4)
26.28.01.01—.03 •
50:25 Md. R. 1104 (12-15-23) (ibr)
26.28.02.01—.05 •
50:25 Md. R. 1104 (12-15-23)
26.28.03.01,.02 •
50:25 Md. R. 1104 (12-15-23)
26.28.04.01—.03 •
50:25 Md. R. 1104 (12-15-23)
29 DEPARTMENT OF STATE POLICE
29.03.01.45 •
51:10 Md. R. 542 (5-17-24)
29.03.01.58 • 51:15 Md. R. 718 (7-26-24)
29.05.03.01—.09 • 51:15 Md. R. 719 (7-26-24)
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
33.03.02.01,.03,.05
• 51:16 Md. R. 762 (8-9-24)
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)
33.05.02.02 •
51:16 Md. R. 762 (8-9-24)
33.17.06.05 • 51:16 Md. R. 762 (8-9-24)
The Governor
EXECUTIVE ORDER 01.01.2024.26
Declaration of a State
of Preparedness-Severe Weather Impact of Hurricane Debby
WHEREAS, State of Maryland is subject to a variety of
hazards and disasters, including an impending emergency as defined in Section
14-10 l(c) of the Public Safety Article of the Maryland Code;
WHEREAS, Pursuant to Executive Order 01.01.2023.20, the
Governor may declare a State of Preparedness when he determines that there is a
significant risk of a public emergency as defined in the Maryland Emergency
Management Act, Md. Code, Public Safety Article, §14-301;
WHEREAS, The declaration of a State of Preparedness ensures
a proactive, collaborative and forward-leaning State response to potential or
actual emergencies;
WHEREAS, Having been advised and informed by the Maryland
Department of Emergency Management that there is a significant risk of
Hurricane Debby causing severe weather throughout the State, including a
significant risk of intense rain, strong winds and flooding in all areas of
Maryland beginning Wednesday, August 7th;
WHEREAS, Action is needed to prepare to protect the lives
and property of Maryland residents and visitors that may be impacted by the
severe weather;
WHEREAS, Transportation, power utility, water utility, and
other critical infrastructures may be negatively affected by the impact of the
storm including intense rain, strong winds and flooding;
WHEREAS, State and local government agencies may require
additional resources and support to implement proactive actions and meet the
public safety and welfare needs of Maryland residents who may be negatively
impacted by the storm;
NOW, THEREFORE, I, WES MOORE, GOVERNOR OF THE STATE OF
MARYLAND, BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE CONSTITUTION AND LAWS
OF MARYLAND, INCLUDING BUT NOT LIMITED TO TITLE 14 OF THE PUBLIC SAFETY ARTICLE
OF THE MARYLAND CODE, AND BASED ON THE ABOVE FINDINGS, HEREBY DECLARE THAT A
STATE OF PREPAREDNESS EXISTS IN THE STATE AND THAT PREPARATIONS MUST BE MADE
FOR THE ANTICIPATED SEVERE WEATHER, AND HEREBY PROCLAIM THE FOLLOWING EXECUTIVE
ORDER, EFFECTIVE IMMEDIATELY:
A. The Maryland Department of Emergency Management is hereby
directed to coordinate the State preparedness and response to the impacts of
the severe weather anticipated to begin on August 7th.
B. All other appropriate State authorities are hereby authorized to
activate their emergency preparedness plans and engage, deploy, use, and
coordinate available resources in furtherance of those plans.
GIVEN Under My Hand and the Great
Seal of the State of Maryland, in the City of Annapolis, this 5th Day of August
2024.
WES MOORE
Governor
ATTEST
SUSAN C. LEE
Secretary of State
[24-17-17]
The Judiciary
SUPREME COURT OF MARYLAND
DISCIPLINARY PROCEEDINGS
This is to certify
that by an Opinion & Order of this Court dated August 1, 2024, STEPHEN
E. WHITTED (CPF# 9506210429), as of August 1, 2024, Stephen E. Whitted has
been indefinitely suspended, effective immediately, and his name has been
stricken from the register of attorneys in this Court. Notice of this action is
given in accordance with Maryland Rule 19-761(b).
* *
* * *
* * *
* *
This is to certify
that by an Order of this Court dated July 29, 2024, ROBERT EDWIN GLENN, IV (CPF#
8706010161), as of July 29, 2024, Robert Edwin Glenn, IV has been disbarred,
effective immediately, and his name has been stricken from the register of
attorneys in this Court. Notice of this action is given in accordance with
Maryland Rule 19-761(b).
[24-17-10]
Final Action on Regulations
Symbol Key
• Roman type
indicates text already existing at the time of the proposed action.
• Italic
type indicates new text added
at the time of proposed action.
• Single underline, italic indicates new text added at the time of final
action.
• Single
underline, roman indicates existing text added at the time of final action.
• [[Double
brackets]] indicate text deleted at the time of final action.
Title 08
DEPARTMENT OF NATURAL RESOURCES
Subtitle 02 FISHERIES SERVICE
08.02.26 Shell Recycling Tax
Credit
Authority: Natural Resources, §4-1019.1, Annotated Code of
Maryland
Notice of Final Action
[23-264-F]
On August 7, 2024, the Secretary of Natural Resources adopted
amendments to Regulations .01 and .02, the repeal of existing
Regulations .03—.05, and amendments to and the recodification of
existing Regulation .06 to be Regulation .03 under COMAR
08.02.26 Shell Recycling Tax Credit. This action, which was proposed for
adoption in 51:1 Md. R. 30—32 (January 12, 2024), has been adopted as proposed.
Effective Date: September 2, 2024.
JOSH KURTZ
Secretary of Natural Resources
Title 09
MARYLAND DEPARTMENT OF LABOR
Subtitle 09 MARYLAND BOARD OF
ELECTRICIANS
09.09.02 Continuing Education
Authority: Business Occupations and Professions Article, §§6-205,
6-310(c)(3) and (4), and 6-311(b)(3), Annotated Code of Maryland
Notice of Final Action
[24-044-F]
On June 25, 2024, the Maryland Board of Electricians adopted
amendments to Regulation .01 under COMAR 09.09.02 Continuing
Education. This action, which was proposed for adoption in 51:9 Md. R. 444
(May 3, 2024), has been adopted as proposed.
Effective Date: September 2, 2024.
CHET BROWN
Chairman
Maryland Board of Electricians
Title 12
DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES
Subtitle 10 CORRECTIONAL TRAINING
COMMISSION
12.10.01 General Regulations
Authority: Correctional Services Article, §§2-109 and 8-208,
Annotated Code of Maryland
Notice of Final Action
[24-065-F]
On July 31, 2024, the Correctional Training Commission adopted
amendments to Regulations .21 and .22 under COMAR 12.10.01
General Regulations. This action, which was proposed for adoption in 51:12
Md. R. 628—629 (June 14, 2024), has been adopted as proposed.
Effective Date: September 2, 2024.
CAROLYN J. SCRUGGS
Secretary of Public Safety and Correctional Services
Title 14
INDEPENDENT AGENCIES
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 Final Action
[24-068-F]
On August 13, 2024, the Maryland Center for School Safety adopted
new Regulations .01 and .02 under a new chapter, COMAR
14.40.06 Data Collection and Reporting. This action, which was proposed for
adoption in 51:13 Md. R. 654—655 (June 28, 2024), has been adopted as proposed.
Effective Date: September 2, 2024.
KATE BRYAN
Executive Director
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 Final Action
[24-052-F]
On August 13, 2024, the Department of Commerce adopted amendments
to Regulations .01—.11 under COMAR 24.05.22 Maryland E-Nnovation
Initiative Program. This action, which was proposed for adoption in 51:13
Md. R. 656—659 (June 28, 2024), has been adopted as proposed.
Effective Date: September 2, 2024.
KEVIN ANDERSON
Secretary of Commerce
Proposed Action on Regulations
Title 10
MARYLAND DEPARTMENT OF HEALTH
Subtitle 37 HEALTH SERVICES COST
REVIEW COMMISSION
10.37.01 Uniform Accounting
and Reporting System for Hospitals and Related Institutions
Authority: Health-General Article, §§19-207 [and],
19-215, and 19-303, Annotated Code of Maryland
Notice of Proposed Action
[24-091-P]
The Health Services Cost Review Commission proposes to amend
Regulation .03 under COMAR 10.37.01 Reporting Requirements; Hospitals.
Statement of Purpose
The purpose of this action is to provide the Commission with the
flexibility for determining the appropriate due dates for hospitals to submit
their annual reports on community benefit activities and to simplify access to
the submission instructions for these reports.
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 Megan Renfrew, Deputy Director, Policy and
Consumer Protection, Health Services Cost Review Commission, 4160 Patterson
Avenue, Baltimore, MD 21215, or call 410-764-3451, or email to
megan.renfrew1@maryland.gov. Comments will be accepted through September 23,
2024. A public hearing has not been scheduled.
.03 Reporting Requirements; Hospitals.
A.— L. (text unchanged).
M. Annual Nonprofit Hospital Community Benefit Report.
(1) Beginning on December 15, 2009, each nonprofit hospital shall
submit the Annual Nonprofit Hospital Community Benefit Report to the Commission
by [December 15 of every calendar year] the date prescribed by
the Commission in the format prescribed by the Commission.
(2) Hospitals shall complete the report on the basis of actual data
covering the reporting period of the previous July 1 through June 30 or
other time period as specified by the Commission.
(3) The Commission shall provide instructions for completing the
report [in its "Accounting and Budget Manual for Fiscal and
Operating Management"] on its public website.
N.—U. (text unchanged).
JOSHUA SHARFSTEIN
Chair
Health Services Cost Review Commission
Title 14
INDEPENDENT AGENCIES
Subtitle 22 COMMISSION ON CRIMINAL
SENTENCING POLICY
Notice of Proposed Action
[24-099-P]
The Maryland State Commission on Criminal Sentencing Policy
proposes to amend:
(1) Regulations .12 and .14 under COMAR 14.22.01
General Regulations; and
(2) Regulations .01 and .02 under COMAR 14.22.02 Criminal
Offenses and Seriousness Categories.
Statement of Purpose
The purpose of this action is to modify Regulations .12 and .14
under COMAR 14.22.01 General Regulations to specify how the mandatory
consecutive sentence offense rule works in combination with two or more
seriousness category I or II offenses and the multiple victims stacking rule.
The mandatory consecutive sentence rule provides that the upper limit of the
guidelines range for an offense with a mandatory consecutive sentence shall
stack with the upper limit of the guidelines range for its underlying offense.
To avoid the excessive stacking of guidelines ranges in scenarios where
multiple rules may apply, the proposed action specifies the following: (1) the
mandatory consecutive sentence rule does not apply when there is more than one
seriousness category I or II offense in the same criminal event; and (2) when
the multiple victims stacking rule and mandatory consecutive sentence rule
apply to the same criminal event, the overall upper guidelines limit shall be
calculated based on the one rule that results in the greatest upper guidelines
limit.
Additionally, the purpose of this action is to modify Regulations
.01 and .02 under COMAR 14.22.02 Criminal Offenses and Seriousness Categories
to reflect (1) new and revised penalties from the 2024 Legislative Session; (2)
one previously unclassified offense (“Receive proceeds from CDS offense,
subsequent”); (3) revised seriousness categories for two offenses (“Receive
proceeds from CDS offense, 1st offense; Malfeasance, misconduct in office”);
and (4) minor edits to the table.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to David Soule, Executive Director, Maryland
State Commission on Criminal Sentencing Policy, 4511 Knox Rd., Suite 309,
College Park, MD 20740, or call 301-403-4165, or email to dsoule@umd.edu.
Comments will be accepted through September 23, 2024. A public hearing has not
been scheduled.
14.22.01 General Regulations
Authority: Criminal Procedure Article, §6-211, Annotated Code of
Maryland
.12 Multiple Offense Scoring.
A. Single Criminal Event, Not More Than
One Seriousness Category I or II Offense.
(1) (text unchanged)
(2) The individual completing the
worksheet shall determine the overall guideline range by:
(a) Identifying the highest of the lower
guidelines limit of all the offenses; and
(b) [Except as provided in
§A(2)(c) of this regulation, identifying the highest of the upper guidelines
limit of all the offenses; and] Identifying the greater of:
(i) The highest of the upper guidelines
limits;
[(c)] (ii) If there
are separate offenses involving different victims, adding or “stacking” the
highest of the upper guidelines limit for each offense with a unique victim.
Only one offense per distinct victim may be used to calculate the overall
guidelines range. Animals may not be considered victims for the purposes of
applying the multiple victims stacking rule[.]; or
(iii) If the sentence for one of the
offenses is statutorily required to run consecutive to the sentence for another
offense, adding the upper limit of the guidelines range for the offense whose
sentence is required to run consecutive to another offense to the upper limit
of the guidelines range for the eligible other offense with the highest upper
guidelines limit.
B.—D. (text unchanged)
.14 Mandatory Sentences.
A.—C. (text unchanged)
D. Mandatory Consecutive Sentences. When
there is a criminal event with multiple offenses, no more than one
seriousness category I or II offense, and the sentence for one of the
offenses is statutorily required to run consecutive to the sentence for another
offense in the same criminal event, the person completing the sentencing
guidelines worksheet shall add the upper limit of the guidelines range for the
offense whose sentence is required to run consecutive to another offense to the
upper limit of the guidelines range for the eligible other offense to obtain
the upper limit of the overall guidelines range. Whenever the sentence for an
offense is statutorily required to run consecutive to the sentence for more
than one other offense in the criminal event, the person filling out the
worksheet shall add the upper limit of the guidelines range for that offense to
the upper limit of the guidelines range for the eligible offense with the
highest upper guidelines limit. When there is a criminal event with multiple
offenses with mandatory consecutive sentences, the upper limit of the overall
guidelines range shall equal the sum of the upper limits of the one pair of
offenses whose sum is the greatest.
14.22.02 Criminal Offenses and Seriousness Categories
Authority: Criminal Procedure Article, §6-211, Annotated Code of Maryland
.01 List of Offense Headings.
A—B
(text unchanged)
C
Cannabis License or Registration
CDS and Paraphernalia[, Crimes]
CDS — Registration
Cemeteries and Funerary Objects, Crimes
Involving
Commercial Fraud, Other
Conspiracy
Consumer Protection Laws
Counterfeiting
Credit Card Crimes
Crimes Against the Person, Generally
Criminal Organizations
D—O
(text unchanged)
P
Perjury
Prescription Drugs and Other Substances
Pretrial Release, Crimes Involving
Prostitution and Related Crimes
Protected Individuals, Protected
Information
Public Fraud
Public Health and Safety, Crimes Against
R—W (text unchanged)
.02 Seriousness Categories.
|
|
Offense Literal
|
CJIS
Code
|
Source
|
Felony or
Misd.
|
Max
Term
|
Min
Term
|
Offense Type
|
Ser.
Category
|
Fine
|
|
1—30-5 (text unchanged)
|
|
31
|
Assault Weapons
Use of assault weapon, rapid fire [trigger] activator, or
magazine with a capacity of more than 10 rounds in the commission of a felony
or crime of violence, subsequent
|
3-5260
|
CR, §4-306(b)(3)
|
Misd.
|
20Y
|
10Y
|
Person
|
II
|
|
|
32
|
Assault Weapons
Use of assault weapon, rapid fire [trigger] activator, or
magazine with a capacity of more than 10 rounds in the commission of a felony
or crime of violence, 1st offense
|
3-5260
|
CR, §4-306(b)(2)
|
Misd.
|
20Y
|
MM* = 5Y
|
Person
|
III
|
|
|
33
|
Assault Weapons
Unlawfully possess, sell, offer to sell, etc., an assault weapon;
manufacture, sell, offer to sell, etc., a detachable magazine with a capacity
of more than 10 rounds; manufacture, possess, sell, etc., a rapid fire [trigger]
activator
|
3-5250
3-5255
1-1448
|
CR, §4-303(a)
CR, §4-305(b)
CR, §4-305.1(a)
CR, §4-306(a)
(penalty)
|
Misd.
|
3Y
|
|
Person
|
VI
|
$5,000
|
|
34—36-4 (text unchanged)
|
|
36-5
|
Boating Offenses
Operate a vessel
while prohibited from operating a vessel under NR, §8-738(e)(3)(i), 1st
offense
|
|
NR, §8-738.3(c)(1)
|
Misd.
|
1Y
|
|
Property
|
VII
|
$1,000
|
|
36-6
|
Boating Offenses
Operate a vessel
while prohibited from operating a vessel under NR, §8-738(e)(3)(i), 2nd
offense
|
|
NR, §8-738.3(c)(2)
|
Misd.
|
2Y
|
|
Property
|
VI
|
$2,000
|
|
36-7
|
Boating Offenses
Operate a vessel
while prohibited from operating a vessel under NR, §8-738(e)(3)(i), 3rd
or subsequent offense
|
|
NR, §8-738.3(c)(3)
|
Misd.
|
3Y
|
|
Property
|
V
|
$3,000
|
|
37—48 (text unchanged)
|
|
48-1
|
Cannabis License or Registration
Use of straw ownership to apply for or hold
a cannabis license or registration
|
|
AB, §36-1103
|
Misd.
|
1Y
|
|
Property
|
VII
|
$2,500
|
|
49—62 (text unchanged)
|
|
63
|
CDS and Paraphernalia
[Give, sell, transfer, trace, invest, conceal, etc.; receive, acquire,
engage in, etc. knowing that the proceeds were derived from CDS offense]
Receive, acquire, give, sell, transfer, etc., proceeds knowing that the
proceeds are derived from a CDS offense, 1st offense
|
1-0673
1-0675
|
[CR,
§5-623(b)]
CR, §5-623(c)(1)
|
Felony
|
5Y
|
|
Drug
|
[IV] V
|
[1st=
$250,000
Sub=
$500,000]
Greater of $250,000 or twice the value of the
proceeds
|
|
64 [Vacant]
|
CDS and Paraphernalia
Receive, acquire, give, sell, transfer,
etc., proceeds knowing that the proceeds are derived from a CDS offense,
subsequent
|
1-0673
1-0675
|
CR, §5-623(c)(2)
|
Felony
|
10Y
|
|
Drug
|
IV
|
Greater of $500,000 or 5 times the value of
the proceeds
|
|
65—71 (text unchanged)
|
|
71-1
|
CDS and Paraphernalia
Distribute, sell, expose for sale, or
advertise for sale a tianeptine product
|
|
HG, §21-2D-02
|
Misd.
|
90D
|
|
Drug
|
VII
|
$5,000
|
|
71-2
|
CDS and Paraphernalia
Preparation, distribution, or sale of kratom
products to an individual under 21; without proper label disclosures; or that
contain certain other substances
|
|
HG, §21-2D-02(f)
|
Misd.
|
90D
|
|
Drug
|
VII
|
$5,000
|
|
72—119-5 (text unchanged)
|
|
119-6
|
Deceased Human Body, Crimes Involving
[Bury or dispose of body in
unauthorized place] Unauthorized burial or disposal of body;
unauthorized use or disposal of soil remains
|
1-0932
|
HG, §5-514
|
Misd.
|
1Y
|
|
Person
|
VII
|
$5,000
|
|
120—136-7 (text unchanged)
|
|
136-8
|
Election Offenses
Threaten election official or immediate
family member of election official
|
1-1804
1-1805
|
EL, §16-904
|
Misd.
|
3Y
|
|
Person
|
V
|
$2,500
|
|
137—159-12 (text unchanged)
|
|
159-13
|
Fraud, Miscellaneous
Aiding or abetting the unauthorized practice
of massage therapy in violation of HO, §6–501(b), 1st offense
|
1-1834
|
HO, §6-504(b)(1) (penalty)
|
Felony
|
1Y
|
|
Person
|
VII
|
$5,000 per day
|
|
159-14
|
Fraud, Miscellaneous
Aiding or abetting the unauthorized practice
of massage therapy in violation of HO, §6–501(b), subsequent
|
1-1834
|
HO, §6-504(b)(2) (penalty)
|
Felony
|
5Y
|
|
Person
|
VI
|
$20,000 per day
|
|
160—189 (text unchanged)
|
|
190 [Vacant]
|
Harboring, Escape, and Contraband
Operate unmanned aircraft over a
correctional facility to photograph or record images of facility without
authorization
|
1-1836
|
CS, §8-804
|
Misd.
|
3Y
|
|
Property
|
VI
|
$1,000
|
|
191 [Vacant]
|
Harboring, Escape, and Contraband
Contraband—deliver contraband using an
unmanned aircraft
|
1-1837
|
CR, §9-417.1
|
Misd.
|
3Y
|
|
Property
|
VI
|
$1,000
|
|
192—215-3 (text unchanged)
|
|
216
|
Interference with or Misuse of Government
Operations
Malfeasance, misconduct in office
|
1-0157
2-0645
|
Common law
|
Misd.
|
LIFE
|
|
Person Drug Property
|
[V] IV
|
|
|
217—244-6 (text unchanged)
|
|
245
|
Motor Vehicle Offense
Driving while impaired by alcohol, while transporting a minor, 1st
offense
|
|
TR, §21-902(b)(2)(ii)(1)
|
Misd.
|
1Y
|
|
Person
|
VII
|
[$1,000]
$1,200
|
|
245-1
|
Motor Vehicle Offense
Driving while impaired by alcohol, while transporting a minor, 2nd
offense
|
|
TR, §21-902(b)(2)(ii)(2)
|
Misd.
|
2Y
|
|
Person
|
VI
|
[$2,000]
$2,400
|
|
245-2—245-7 (text unchanged)
|
|
245-8
|
Motor Vehicle Offense
Driving while impaired by drugs or drugs and alcohol, while transporting a
minor, 1st offense
|
|
TR, §21-902(c)(2)(ii)(1)
|
Misd.
|
1Y
|
|
Person
|
VII
|
[$1,000]
$1,200
|
|
245-9
|
Motor Vehicle Offense
Driving while impaired by drugs or drugs and alcohol, while transporting a
minor, 2nd offense
|
|
TR, §21-902(c)(2)(ii)(2)
|
Misd.
|
2Y
|
|
Person
|
VI
|
[$2,000]
$2,400
|
|
245-10—245-11 (text unchanged)
|
|
245-12
|
Motor Vehicle Offense
Driving while impaired by controlled dangerous substance, 1st offense
|
|
TR, §21-902(d)(1)(ii)(1)
|
Misd.
|
1Y
|
|
Person
|
VII
|
[$1,000]
$1,200
|
|
245-13
|
Motor Vehicle Offense
Driving while impaired by controlled dangerous substance, 2nd offense
|
|
TR, §21-902(d)(1)(ii)(2), (f)(3)(i)
|
Misd.
|
2Y
|
Within 5 years of prior conviction
—MM 5 days
|
Person
|
VI
|
[$2,000]
$2,400
|
|
245-14—245-19 (text unchanged)
|
|
245-20
|
Motor Vehicle Offense
Driving while under the influence of alcohol, 1st offense
|
|
TR, §21-902(a)(1)(iii)(1)
|
Misd.
|
1Y
|
|
Person
|
VII
|
[$1,000]
$1,200
|
|
245-21
|
Motor Vehicle Offense
Driving while under the influence of alcohol, 2nd offense
|
|
TR, §21-902(a)(1)(iii)(2), (f)(2)(i)
|
Misd.
|
2Y
|
Within 5 years of prior conviction—MM
5 days
|
Person
|
VI
|
[$2,000]
$2,400
|
|
245-22—250-2 (text unchanged)
|
|
250-3
|
Motor Vehicle Offense
Driver failing to render reasonable assistance to person injured in an
accident
|
|
TR, §20-104
|
Misd.
|
2M
|
|
Person
|
VII
|
$500
|
|
251—283 (text unchanged)
|
|
284
|
Nudity and Related Sexual Displays
Indecent exposure
|
1-3605
|
[CR, §11-107]
CR, §11-107(d)(1)
|
Misd.
|
3Y
|
|
Person
|
VI
|
$1,000
|
|
284-1 (text unchanged)
|
|
284-2
|
Nudity and Related Sexual Displays
Indecent exposure when person knows or
should know that a minor is present
|
1-1807
|
CR, §11-107(d)(2)
|
Misd.
|
5Y
|
|
Person
|
V
|
$10,000
|
|
285—316 (text unchanged)
|
|
317 [Vacant]
|
Protected Individuals, Protected Information
Publish personal information of protected
individual knowing that publishing the information poses a threat to
protected individual; and its publishing results in assault, harassment,
trespass, or malicious destruction of property
|
1-1833
|
CJ, §3-2304
|
Misd.
|
18M
|
|
Person
|
V
|
$5,000
|
|
318—361-1 (text unchanged)
|
|
361-2
|
Sexual Crimes
Sex Offender—violation of restriction barring sex offenders from specified
locations where children gather and certain school employment
|
1-1478
1-1479
|
[CP, §11-722(d)]
CP, §11-722
|
Misd.
|
5Y
|
|
Person
|
V
|
$5,000
|
|
361-3—421 (text unchanged)
|
Footnotes (text unchanged)
General Rules: (text unchanged)
DAVID SOULE
Executive Director
Subtitle 26 MARYLAND ENERGY
ADMINISTRATION
14.26.03 Maryland [Energy]
Efficiency Standards
Authority: State Government Article, §9-2006, Annotated Code of
Maryland
Notice of Proposed Action
[24-059-P]
The Maryland Energy Administration proposes to amend Regulations .01,
.03—.06 and .08—.13, repeal existing Regulation .02, and
adopt new Regulation .02 under COMAR 14.26.03 Maryland Efficiency
Standards.
Statement of Purpose
The purpose of this action is to implement the Maryland Efficiency
Standards Act by establishing minimum efficiency standards for certain new
products sold or installed in the State and to establish testing,
certification, inspection, and enforcement procedures for ensuring compliance
with established standards.
Estimate of Economic Impact
I. Summary of Economic Impact. In FY25 expenditures will
increase by $150,000 to initiate compliance procedures within the agency.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
|
|
|
Maryland Energy
Administration
|
(E+)
|
150000
|
|
B. On other State agencies:
|
NONE
|
|
|
C. On local governments:
|
NONE
|
|
|
|
|
|
|
|
Benefit (+)
Cost (-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
NONE
|
|
|
E. On other industries or
trade groups:
|
NONE
|
|
|
F. Direct and indirect
effects on public:
|
NONE
|
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
A. Agency expenditures increase for the purposes of enforcing
compliance and providing access to an appliance efficiency database and for
outreach efforts.
Economic Impact on Small Businesses
The proposed action has a meaningful economic impact on small
businesses. An analysis of this economic impact follows:
Small businesses will be limited in the supply of certain retail
items available from wholesale and for resale. Impacts are mitigated by an
allowance for business owners to retain any stock on hand prior to the
effective date of the relevant efficiency standards.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to Landon Fahrig, Asst. Div. Dir. of Policy,
Maryland Energy Administration, 1800 Washington Blvd., Suite 755, Baltimore, MD
21230, or call 410-537-4000, or email to SEIFComments.MEA@Maryland.gov.
Comments will be accepted through September 23, 2024. A public hearing has not
been scheduled.
.01 Purpose.
This chapter:
A. Implements the Maryland [Energy] Efficiency
Standards Act [(Act)] by establishing minimum efficiency
standards for certain new products sold or installed in the State; and
B. Establishes testing, certification, inspection, and enforcement
procedures for [insuring] ensuring compliance with
established standards[; and
C. Identifies the date on which these regulations will be preempted
by the federal Energy Policy Act of 2005].
.02 Incorporation by Reference.
In this chapter, the following documents are incorporated by
reference:
A. 42 U.S.C. §6294a;
B. 42 U.S.C. §6294b;
C. 10 CFR Part 430, Subpart B, Appendix S; and
D. 10 CFR Part 430, Subpart C.
.03 Definitions.
A.(text unchanged)
B. Terms Defined.
(1) “Act” means the [Energy] Maryland
Efficiency Standards Act.
(2) (text unchanged)
[(3) Commercial Refrigeration Cabinet.
(a) “Commercial refrigeration cabinet” means a refrigerator,
freezer, or refrigerator-freezer, designed by the manufacturer for the purpose
of storing food products, ice, or other perishable items at specified
temperatures, which may be configured with either solid or transparent doors as
a:
(i) Reach-in cabinet;
(ii) Pass-through cabinet;
(iii) Roll-in cabinet; or
(iv) Roll-through cabinet.
(b) “Commercial refrigeration cabinet” does not include a:
(i) Product with 85 cubic feet or more of internal volume;
(ii) Walk-in refrigerator or walk-in freezer;
(iii) Consumer product regulated under the National Appliance
Energy Conservation Act of 1987 (Public Law 100-12); or
(iv) Refrigerator, freezer, or refrigerator-freezer designed and
marketed exclusively for medical, scientific, or research purposes.
(4) “Distributor of new products” means a person:
(a) Whose primary business is the wholesale distribution of
commercial goods for resale;
(b) Who maintains an inventory of commercial goods for resale;
(c) Who has the right to sell or distribute commercial goods in
Maryland for resale to retailers or other resellers or to an industrial or
commercial manufacturer; and
(d) Who conducts substantial business in Maryland.
(5) “Installer” means a person engaged in the attachment of a
product that the installer has either purchased or been contracted to attach to
a structure by means of the electrical, plumbing, or ventilation systems.
(6) “Large packaged air-conditioning equipment” means packaged
air-conditioning equipment with at least 20 tons, but not more than 80 tons, of
cooling capacity.
(7) Low-Voltage Dry-Type Distribution Transformer.
(a) “Low-voltage dry-type distribution transformer” means a
distribution transformer that:
(i) Has an input voltage of 600 volts or less;
(ii) Is air-cooled; and
(iii) Does not use oil as a coolant.
(b) “Low-voltage dry-type distribution transformer” does not
include any of the following transformers:
(i) An autotransformer in which the primary and secondary windings
are not electronically isolated and at least a portion of the secondary voltage
is derived from the primary winding;
(ii) A drive transformer designed only to provide power to operate
an electronic variable speed motor drive;
(iii) A grounding transformer designed only to provide a system
ground reference point;
(iv) A harmonic transformer designed to supply a load with a higher
than normal harmonic current level and that has a k-rating of k-4 or greater;
(v) An impedance transformer that has a specified impedance of less
than 4 percent or greater than 8 percent;
(vi) A machine tool transformer designed only to provide power to
machine tool equipment;
(vii) A rectifier transformer designed to provide power only to a
rectifier circuit and that has a nameplate rating for both the fundamental
frequency power rating and the root mean square (rms) power rating;
(viii) A regulating transformer with automatic tap changers;
(ix) A sealed and nonventilating transformer designed to prevent
airflow through the transformer;
(x) A testing transformer designed only as part of, or to supply
power to, electrical test equipment;
(xi) A ups transformer designed only as an integral part of an
uninterruptible power system; or
(xii) A welding transformer designed only to provide power to
welding equipment.
(8) “Manufacturer of new product” means a person who makes new
products by hand or machinery.
(9) “Maryland business” means a corporation organized under the
laws of the State.
(10) “Maryland consumer” means an individual who:
(a) Is solicited to purchase, or who purchases for personal,
family, or household purposes; and
(b) Resides in Maryland.
(11) “New product” means any manufactured good at the time when it
is sold for consumption or use other than resale, further processing, or
manufacture for the first time.
(12) “Packaged air-conditioning equipment” means air-conditioning
equipment that is built as a package and shipped as a whole to end-user sites.
(13) “Pass-through cabinet” means a commercial refrigerator or
commercial freezer with hinged or sliding doors on both the front and rear of
the refrigerator or freezer.
(14) Reach-in cabinet.
(a) “Reach-in cabinet” means a commercial refrigerator, freezer, or
refrigerator-freezer with hinged or sliding doors or lids.
(b) “Reach-in cabinet” does not include a roll-in or roll-through
cabinet or a pass-through cabinet.
(15) “Retailer” means a person engaged in the business of making
retail sales within the State.
(16) “Roll-in cabinet” means a commercial refrigerator or freezer
with hinged or sliding doors that allow wheeled racks of product to be rolled
into the refrigerator or freezer.
(17) “Roll-through cabinet” means a commercial refrigerator or
freezer with hinged or sliding doors that allows wheeled racks of product to be
rolled through the refrigerator or freezer.
(18) “Transformer” means a device consisting essentially of two or
more coils of insulated wire that transfers alternating current by
electromagnetic induction from one coil to another in order to change the
original voltage or current value.
(19) Unit Heater.
(a) “Unit heater” means a self-contained fan-type heater that:
(i) Is designed to be installed within the heated space; and
(ii) Includes an apparatus or appliance to supply heat and a fan
for circulating air over a heat exchange surface, all enclosed in a common
casing.
(b) “Unit heater” does not include a warm air furnace as defined
under the Federal Energy Policy Act of 1992 (42 U.S.C. § 6311(11)(a)).
(20) “Widely available in Maryland” means a conforming product
available in the State from three or more manufacturers.]
(3) “Air purifier” means an air cleaner subject to 10 CFR Part
430, Subpart C.
(4) “Commercial dishwasher” has the meaning stated in State
Government Article, §9-2006, Annotated Code of Maryland.
(5) “Commercial steam cooker” or “compartment steamer” has the
meaning stated in State Government Article, §9-2006, Annotated Code of
Maryland.
(6) “Covered product” means an item listed in Regulation .04 of
this chapter.
(7) “ENERGY STAR” means the U.S. Environmental Protection Agency
program established under 42 U.S.C. §6294a.
(8) “Faucet” has the meaning stated in State Government Article,
§9-2006, Annotated Code of Maryland.
(9) “Person” has the meaning stated in State Government Article,
§1-101, Annotated Code of Maryland.
(10) “Portable electric spa” has the meaning stated in State
Government Article, §9-2006, Annotated Code of Maryland.
(11) “Public lavatory faucet” has the meaning stated in State
Government Article, §9-2006, Annotated Code of Maryland.
(12) “Replacement aerator” means an aerator that is:
(a) Designed as a replacement
part for a faucet; and
(b) Packaged and sold
separately from a faucet to which it is designed to attach.
(13) Residential Ventilating Fan.
(a) “Residential ventilating fan” means a fan designed to:
(i) Be ceiling mounted, wall mounted, or remotely mounted; and
(ii) Move air from inside a building to the outdoors.
(b) “Residential ventilating fan” includes fans commonly used in
a bathroom or utility room to expel odors or fumes.
(14) “Retailer” has the meaning stated in State Government
Article, §9-2006, Annotated Code of Maryland.
(15) “Showerhead has the meaning stated in State Government
Article, §9-2006, Annotated Code of Maryland.
(16) “Spray sprinkler body” has the meaning stated in State
Government Article, §9-2006, Annotated Code of Maryland.
(17) “Urinal” has the meaning stated in State Government
Article, §9-2006, Annotated Code of Maryland.
(18) “Water closet” has the meaning stated in State Government
Article, §9-2006, Annotated Code of Maryland.
(19) “Water cooler” has the meaning stated in State Government
Article, §9-2006, Annotated Code of Maryland.
(20) “WaterSense” means the U.S. Environmental Protection Agency
program established under 42 U.S.C. §6294b.
(21) “Widely available in Maryland” has the meaning stated in
State Government Article, §9-2006, Annotated Code of Maryland.
.04 Applicability of Standards.
A. This chapter applies to the testing, certification, and
enforcement of efficiency standards for the following types of new products
sold, offered for sale, or installed for profit in the State:
[(1) Unit heaters;
(2) Low-voltage dry-type distribution transformers;
(3) Commercial refrigeration cabinets; and
(4) Large packaged air-conditioning
equipment.]
(1) Portable electric spas;
(2) Air purifiers;
(3) Commercial dishwashers;
(4) Commercial steam cookers;
(5) Faucets;
(6) Residential ventilating fans;
(7) Showerheads;
(8) Spray sprinkler bodies;
(9) Urinals;
(10) Water closets; and
(11) Water coolers.
B. This chapter does not apply to:
(1)—(2) (text unchanged)
(3) Products installed in mobile manufactured homes at the time of
construction; [or]
(4) Products designed expressly for installation and use in
recreational vehicles or marine vessels; or
(5) Products to be sold at retail that are in stock at the
retail establishment before the effective date of any efficiency standard
regulation for that item.
[C. This chapter only applies to the following products
until the following dates:
(1) Unit heaters: August 1, 2008;
(2) Low-voltage dry-type distribution transformers: January 1,
2007;
(3) Commercial refrigeration cabinets: January 1, 2010;
(4) Large packaged air-conditioning equipment of at least 20 tons
and not more than 63.3 tons of cooling capacity: January 1, 2010.
D. For large packaged air-conditioning equipment with capacities
from 63.4 tons to 80 tons of cooling capacity, the Act will remain in effect.]
.05 Minimum Efficiency Standards.
A. On or after the date specified in Regulation .06 of this
chapter, a person may not sell or install for profit a [listed]
covered product that does not meet or exceed the corresponding
minimum efficiency standards listed in this regulation.
[B. Unit heaters shall be equipped with an intermittent
ignition device and shall have either power venting or an automatic flue
damper.
C. The efficiency of all low-voltage dry-type distribution
transformers may not be less than the values shown in table 4-2 of National
Electrical Manufacturers Association Standard TP-1-2002.
D. Commercial refrigeration cabinets shall meet the requirements
shown in the following table:
|
Equipment
Type
|
Maximum
Daily Energy
Consumption
(kilowatt hours)
|
|
Reach-in cabinets, pass-through
cabinets, and
roll-in or roll-through cabinets that
are refrigerators with solid doors
|
0.125V + 2.76
|
|
Reach-in cabinets, pass-through
cabinets, and
roll-in or roll-through cabinets that
are refrigerators with transparent doors
|
0.172V + 4.77
|
|
Reach-in cabinets, pass-through
cabinets, and
roll-in or roll-through cabinets that
are freezers with solid doors
|
0.398V + 2.28
|
|
Reach-in cabinets, pass-through
cabinets, and
roll-in or roll-through cabinets that
are freezers with transparent doors
|
0.940V + 5.10
|
|
Reach-in cabinets that are refrigerator-freezers
With solid doors
|
0.273AV + 1.65
|
|
Where: V = total volume in cubic feet;
and AV = adjusted volume, which is the sum of the volume of refrigerated
space, and 1.63 times the volume of freezer space.
|
E. Large packaged air-conditioning equipment shall meet the Tier II
requirements of the “minimum equipment efficiencies for unitary commercial air
conditioners” or “minimum equipment efficiencies for heat pumps”, as
appropriate, developed by the Consortium for Energy Efficiency, Boston,
Massachusetts, as in effect on January 1, 2002.]
B. Air purifiers shall comply with federal standards for air
cleaners under 10 CFR Part 430, Subpart C.
C. Commercial dishwashers shall meet the applicable
qualification criteria specified in the ENERGY STAR program requirements product
specification for commercial dishwashers.
D. Commercial steam cookers shall meet the requirements
specified in the ENERGY STAR
program requirements product specification for commercial steam cookers.
E. Faucets shall meet the following standards when tested in
accordance with 10 CFR Part 430, Subpart B, Appendix S, compliance with which
shall be verified by using the uniform test method for measuring the water
consumption of faucets and showerheads:
(1) Private lavatory faucets and replacement aerators may not
exceed a maximum flow rate of 1.5 gallons per minute at 60 pounds per square
inch;
(2) Residential kitchen faucets and replacement aerators may not
exceed a maximum flow rate of 1.8 gallons per minute at 60 pounds per square
inch, with optional temporary flow of 2.2 gallons per minute, provided the
faucet defaults to a maximum flow rate of 1.8 gallons per minute at 60 pounds
per square inch after each use; and
(3) Public lavatory faucets and replacement aerators may not
exceed a maximum flow rate of 0.5 gallons per minute at 60 pounds per square
inch.
F. Portable electric spas shall meet the requirements of the
ANSI/ASPS/ICC 14-2019.
G. Residential ventilating fans shall meet the following
requirements when tested in accordance with the Home Ventilation Institute’s
airflow test procedure stated in Home Ventilation Institute Publication 916:
(1) In–line residential ventilating fans shall be equipped with
a fan motor with an efficiency of at least 2.8 cubic feet per minute per watt;
and
(2) Non–in–line residential ventilating fans shall be equipped
with a fan motor with an efficiency of at least 1.4 cubic feet per minute per
watt for airflows less than 90 cubic feet per minute and at least 2.8 cubic
feet per minute per watt for airflows greater than or equal to 90 cubic feet
per minute.
H. Showerheads may not exceed a maximum flow rate of 2.0 gallons
per minute at 80 pounds per square inch when tested in accordance with 10 CFR
Part 430, Subpart B, Appendix S, compliance with which shall be verified by
using the uniform test method for measuring the water consumption of faucets
and showerheads.
I. Spray sprinkler bodies that are not specifically excluded
from the scope of the WaterSense
specification for spray sprinkler bodies shall include an integral pressure
regulator and meet the water efficiency, performance criteria, and other
requirements specified in the WaterSense
specification for spray sprinkler bodies.
J. Urinals shall have a maximum flush volume of 0.5 gallons per
flush when tested in accordance with 10 CFR Part 430, Subpart B, Appendix T, compliance
with which shall be verified by using the uniform test method for measuring the
water consumption of water closets and urinals.
K. Water closets shall meet the following standards when tested
in accordance with 10 CFR Part 430, Subpart B, Appendix T, compliance with
which shall be verified by using the uniform test method for measuring the
water consumption of water closets and urinals:
(1) Subject to §K(2) of this regulation, water closets shall
have a maximum flush volume of 1.28 gallons per flush; and
(2) Dual–flush tank–type water closets shall have a maximum
dual–flush effective volume of 1.28 gallons per flush.
L. Water coolers included in the scope of the ENERGY STAR
program’s water coolers specification shall have an on mode with no water draw
energy consumption that is less than or equal to the following values as
measured in accordance with the on mode with no water draw test mode specified
in the water coolers specification:
(1) 0.16 kilowatt–hours per day for cold only units and cook and
cold units;
(2) 0.87 kilowatt–hours per day for storage type hot and cold
units; and
(3) 0.18 kilowatt–hours per day for on-demand hot and cold
units.
.06 Effective Dates for Minimum Efficiency Standards
[Requirement].
A. The effective date for efficiency standards for covered
products sold or offered for sale in the State [and subject to
Regulation .04A of this chapter is as follows:
(1) Unit heaters: September 1, 2005;
(2) Low-voltage dry-type distribution transformers: March 1, 2005;
(3) Commercial refrigeration cabinets: August 1, 2005;
(4) Large packaged air-conditioning equipment: August 1, 2005]
is January 1, 2024.
B. A covered product [subject to Regulation .04A of
this chapter] that does not meet or exceed the corresponding minimum
efficiency standards listed in this regulation may not be installed for
profit after January 1, [2006] 2025.
.08 Testing Procedures.
[The manufacturer of a
product for which certification is required shall test each model of each
product required under Regulation .04 of this chapter consistent with the
testing standards established by the federal government in accordance with the
requirements of the Energy Policy Act of 2005] A covered product
shall be tested in accordance with the requirements of Regulation .05 of this chapter.
.09 Manufacturers’ Certification of New Products.
[A. Before the effective date of the applicable standard
specified in Regulation .06 of this chapter and before a new product listed in
Regulation .04 of this chapter may be sold in Maryland, a manufacturer of the
new product shall certify to the Administration that the product is in
compliance with the performance standard in Regulation .05 of this chapter.]
A. A covered product may not be sold in the State on or
after its respective minimum efficiency standard effective date unless:
(1) The Administration has accepted a certification provided by
the manufacturer of the covered product demonstrating the covered product meets
or exceeds its respective minimum efficiency standard under Regulation .05 of
this chapter; or
(2) Efficiency of a covered product can be verified by an
alternative method, including via the:
(a) California Energy Commission Modernized Appliance Efficiency
Database System;
(b) Northeast Energy Efficiency Partnerships State Appliance
Standards Database;
(c) Federal ENERGY STAR
program;
(d) Federal WaterSense Program; or
(e) Use of another official state database or other nationally recognized
database.
B. The [manufacturer shall file] certification required
under §A(1) of this regulation shall be filed with the Administration [a
statement] stating that each covered product that is sold or
offered for sale in Maryland complies with the requirements of the [Energy]
Efficiency Standards Act. [The statement shall contain all the
information described in §§D and E of this regulation and shall meet all the
requirements of §C of this regulation and all other applicable requirements.
[C. General Rules.
(1) Format and Categories. Each
statement shall be in a format and in categories specified and made publicly
available by the Administration. Specific information on these formats and
categories may be obtained from the Administration.
(2) When Different Statements are Required.
D. Manufacturer Information. The statement shall contain the name,
address, telephone number, fax number, and email address of the individual to
contact concerning the statement.
E. Testing and Performance Information.
(1) The statement shall verify
that each product has been tested in accordance with all applicable
requirements.
(2) The statement shall contain the name, address, telephone
number, fax number, website address, and email address of the laboratory or
other institution where the testing was performed.
(3) Proof of testing pursuant to another state’s certification
program is acceptable to the Administration for this requirement if the other
state’s standards and requirements are substantially the same as this chapter.
The Administration may request copies of materials related to this testing.
F. Any manufacturer that has certified a product to another state
or to the federal Energy Star Program may provide the Administration with a
copy of the certification that the manufacturer made to the other state or
agency in place of a separate certification, if:
(1) The other state’s standards or the Energy Star specifications
are equivalent to or more stringent than the standards of Maryland; and
(2) All information required under §§D and E of this regulation is
included in the certification.]
C. The certification required under §A(1) of this regulation
shall:
(1) Be in a format and in categories specified and made publicly
available by the Administration;
(2) Verify that each product has been tested in accordance with
all applicable requirements and specify the standard by which the product has
been tested;
(3) Contain the name, address, telephone number, website
address, and email address of the laboratory or other institution where the
testing was performed;
(4) Contain the name, address, telephone number, and email
address of the individual to contact concerning the statement; and
(5) Meet all other applicable requirements.
D. The Administration may establish, modify, and enforce
schedules for the submittal of statements for the orderly processing of
submittals.
.10 Product Verification Testing by the Administration.
A. To ensure compliance with adopted standards, the Administration
may test [products listed in Regulation .04 of this chapter] a
covered product to verify compliance with its applicable minimum
efficiency standard.
B. If [the] a covered product tested is [not]
found to be [in] out of compliance with [the]
its applicable minimum efficiency standards [established
under Regulation .05 of this chapter], the Administration shall:
(1) (text unchanged)
(2) Make information available to the public on products found [not]
to be [in] out of compliance with the standards by
appropriate means.
.11 Labeling.
[A. Manufacturers of new products listed in Regulation .04
of this chapter shall identity each product offered for sale or installation,
through retailers, in Maryland as being in compliance with the minimum
efficiency standards established under Regulation .05 of this chapter by means
of a mark, label, or tag consisting of the letter “M” within a circle not less
than 1/2 inch in diameter on the product or packaging at the time of sale or
installation. The mark, label or tag shall consist of the letter “M” within a
circle. The circle may not be less than 1/2 inch in diameter.
B. Labels may be permanently affixed or may be temporary or
removable labels of any kind including hanging labels.
C. All display models of products shall be displayed with a mark,
label, or tag on the product.
D. Manufacturers offering products for sale or installation in
Maryland are not required to place a mark, label, or tag on a covered product,
if a mark is already on the product or packaging that reflects that the product
meets an efficiency standard at least equal to the one required by the Act.
E. If a national efficiency standard is established by Federal law
or regulation for a product, this labeling requirement does not apply to that
product.]
A. Once a manufacturer has certified a new product as outlined
in Regulation .09 of this chapter, a manufacturer may mark, label, or tag the
product or packaging as meeting the relevant minimum efficiency level outlined
in Regulation .04 of this chapter.
B. The mark, label, or tag shall consist of the letter “M”
within a circle no less than 3/8 inch in diameter.
.12 Inspection and Enforcement.
A.—C. (text unchanged)
D. The Administration may set up a process for receiving
complaints concerning potential violations of Regulation .05 of this chapter.
.13 Fines for Noncompliance.
A. The Administration may investigate complaints received
concerning potential violations of Regulation .05 of this chapter and
shall report the results of an investigation to the Attorney General.
B.—E. (text unchanged)
PAUL G. PINSKY
Director
Subtitle 35 MARYLAND HEALTH BENEFIT
EXCHANGE
14.35.18 Small Business Health
Options Program
Authority: Insurance Article, §§31-106(c)(1)(iv), 31-108(b)(13),
and 31-111, Annotated Code of Maryland
Notice of Proposed Action
[24-096-P]
The Maryland Health Benefit Exchange proposes to amend Regulations
.03 and .04 under COMAR 14.35.18 Small Business Health Options
Program. This action was considered at the regular session of the MHBE
Board of Trustees on July 15, 2024.
Statement of Purpose
The purpose of this action is to reduce the minimum participation
rate and reduce the maximum waiting period under the Small Business Health
Options 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 Becca Lane, Senior Health Policy Analyst,
Maryland Health Benefit Exchange, 750 E. Pratt St., 6th Floor, Baltimore, MD
21202, or call 410-547-7371, or email to mhbe.publiccomments@maryland.gov.
Comments will be accepted through September 23, 2024. A public hearing has not
been scheduled.
.03 Eligibility for SHOP Exchange.
A.—H. (text unchanged)
I. Minimum
Participation. A qualified employer shall meet the following minimum
participation requirements:
(1) At least [75] 60 percent minimum participation is required for qualified
employers[, if the qualified
employer designates a coverage level within which its employees may choose any
qualified health plan in the SHOP Exchange;
(2) If the qualified employer selects one carrier from which
eligible employees may choose a plan, the carrier may not impose a minimum
participation requirement that exceeds 75 percent of eligible employees];
and
[(3)] (2) (text unchanged)
J.—Q. (text unchanged)
.04 Enrollment.
A.—G. (text unchanged)
H. Waiting Period.
(1) A small employer may implement a waiting period of no
more than [90] 60 days for any qualified employee.
(2) Coverage will be effective the first of the month following
the end of the waiting period.
I.—K. (text unchanged)
MICHELE EBERLE
Executive Director
Title 20
PUBLIC SERVICE COMMISSION
Subtitle 50 SERVICE SUPPLIED BY
ELECTRIC COMPANIES
20.50.09 Small Generator
Facility Interconnection Standards
Authority: Public Utilities Article, §§2-113, 2-121, 5-101, 5-303,
and 7-306, Annotated Code of Maryland
Notice of Proposed Action
[24-084-P]
The Public Service Commission proposes to amend Regulations .02, .06,
.09, .10, and .12—.14, repeal existing Regulation .07,
and adopt new Regulation .07 under COMAR 20.50.09 Small Generator
Facility Interconnection Standards. This action was considered by the
Maryland Public Service Commission at a scheduled rule-making (RM 81) meeting
held on June 4, 2024, notice of which was given under General Provisions
Article, §3-302, Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to:
(1) Establish a modified definition for a “hosting capacity
upgrade plan” under Regulation .02;
(2) Establish new definitions for “limited export interconnection
customer agreement,” “meter collar adapter,” “primary voltage hosting capacity
upgrade cost,” “primary voltage interconnection customer,” “rightsizing,”
“secondary voltage hosting capacity upgrade cost,” and “secondary voltage
interconnection customer” under Regulation .02;
(3) Expand flexible interconnection options for interconnection
customers under Regulation .06;
(4) Establish new requirements for hosting capacity upgrade plans
under Regulation .06;
(5) Propose a new cost allocation methodology for interconnection
upgrades for primary voltage (i.e., greater than 600 volts) interconnection
customers and secondary voltage (i.e., 600 volts or less) interconnection
customers under Regulation .06;
(6) Eliminate and update regulations that have become outdated
with the establishment of certified smart inverter requirements which became
effective January 1, 2024, under Regulation .07;
(7) Establish new requirements related to public service company
approval of meter collar adapter devices for small generator facility
interconnection under Regulation .07;
(8) Establish new requirements for the use of power flow analysis
associated with Level 1 and Level 2 small generator interconnection studies
under Regulations .09 and .10;
(9) Remove financial requirements for interconnection customers
associated with delays in electric distribution system upgrades for Level 4
small generator interconnection projects to be compatible with the proposed
action for Regulation .06R under Regulation .12;
(10) Improve the dispute resolution process under Regulation .13;
and
(11) Include additional reporting requirements for public service
companies beginning on April 1, 2025, that are associated with the proposed
action for Regulation .06R and remove one outdated reporting requirement
associated with Solar Renewable Energy Credits (SRECs) under Regulation .14.
Estimate of Economic Impact
I. Summary of Economic Impact. These proposed amendments to
expand flexible interconnection options, implement hosting capacity upgrade
plan improvements, improve interconnection study requirements’ facilitate the
use of meter collar adapters, remove financial requirements for interconnection
customers associated with delays in electric distribution system upgrades, and
add a new cost allocation methodology for primary and secondary voltage
interconnection upgrades will remove inestimable cost obstacles to interconnection
of clean energy to the electric grid thereby helping to achieve State policy
goals. Other aspects of the proposed action involving dispute resolution and
reporting requirements are administrative in nature and will have minimal or no
economic impact.
Secondary voltage interconnection customers (i.e., 600 volts or
less) will participate in the future in a cost allocation methodology that may
result in interconnection fee costs of approximately $100 or less for
residential customers and approximately $10/kW or less for non-residential
customers. Primary voltage interconnection customers (i.e., greater than 600
volts) will participate in the future in a cost allocation methodology that may
result in approximate interconnection fee costs between $2/kW and $400/kW,
depending on location of the interconnection request.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
NONE
|
|
|
B. On other State agencies:
|
NONE
|
|
|
C. On local governments:
|
NONE
|
|
|
|
|
|
|
|
Benefit (+)
Cost (-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
|
|
|
Maryland electric utilities
|
(-)
|
Inestimable
|
|
E. On other industries or
trade groups:
|
|
|
|
Distributed energy developers
|
(+)
|
Inestimable
|
|
F. Direct and indirect
effects on public:
|
|
|
|
Maryland electric utility
residential and small business customers
|
(+)
|
Inestimable
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
D. Maryland electric utilities may incur inestimable additional
costs to implement these regulations and associated processes.
E. Since this proposed action changes the methodology by which
interconnection upgrade costs are allocated among all interconnection
customers, interconnection costs will be reduced for some distributed energy
(e.g., solar) developers where these costs were previously an obstacle to
interconnection with the tradeoff of adding a fee for other interconnection
customers who previously were allowed to access available capacity (i.e.,
hosting capacity) on the grid for free. These fees and reduced interconnection
upgrade costs will vary depending on many factors, and the total impacts are
inestimable.
F. Since this proposed action changes the methodology by which
interconnection upgrade costs are allocated among all interconnection
customers, interconnection costs will be reduced for some residential and small
business customers where these costs were previously an obstacle to
interconnection with the tradeoff of adding a fee for other interconnection
customers who previously were allowed to access available capacity (i.e.,
hosting capacity) on the grid for free. These fees and reduced interconnection
upgrade costs will vary depending on many factors, and the total impacts are
inestimable.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to Andrew S. Johnston, Executive Secretary,
Public Service Commission, 6 St. Paul Street, 16th Floor, Baltimore, MD 21202,
or call 410-767-8067, or email to psc.rmcomments@maryland.gov. Comments will be
accepted through September 23, 2024. A public hearing has not been scheduled.
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(16) (text unchanged)
(17) “Hosting capacity” means the amount of aggregate generation
that can be accommodated on [the] an electric distribution system or
area, or a system component, without requiring infrastructure upgrades.
(18) (text unchanged)
(19) “Hosting capacity upgrade plan” means a utility plan to
promote clean energy interconnection for a particular area or a proposal to
open multiple restricted and closed circuits or areas on an electric
system in the aggregate through proactive distribution system investments
that includes a cost allocation and recovery [method,] proposal,
under conditions that are approved by the Commission.
(20)—(29) (text unchanged)
(30) “Limited export
agreement” means an agreement for energy supplied to the grid by an
interconnection customer that may be managed to specified ramp rates and
generation levels for operating conditions, as specified in the interconnection
agreement or in a separate limited export agreement.
[(30)] (31)—[(31)] (32) (text unchanged)
(33) “Meter collar adapter”
means an electronic device that is installed between a residential electric
meter and the meter socket, for the purpose of facilitating the deployment of
customer-owned or customer-leased technology.
[(32)] (34)—[(41)] (43) (text unchanged)
(44) “Primary voltage hosting
capacity upgrade cost” means the equipment upgrade costs of all interconnection
equipment, interconnection facilities, protective devices and associated
communications systems, and other upgrades that directly increase hosting
capacity for multiple primary voltage and secondary voltage interconnection
customers while excluding equipment upgrade costs that solely benefit a single
interconnection customer, to the extent practicable and material.
(45) “Primary voltage
interconnection customer” means an interconnection customer with a point of
interconnection at greater than 600 nominal volts.
[(42)] (46)—[(46)] (50) (text unchanged)
(51) “Rightsizing” means to
increase the size, scope, and cost of an electric utility hosting capacity
upgrade project, following a distributed energy resource interconnection
request, to account for both the immediate interconnection customer’s needs and
future hosting capacity needs that are identified by the electric utility
through a distributed energy resource forecast.
[(47)] (52)—[(48)] (53) (text unchanged)
(54) “Secondary voltage hosting capacity upgrade cost” means the
costs of all primary voltage and secondary voltage interconnection equipment
upgrades that directly increase secondary voltage hosting capacity available to
multiple secondary voltage interconnection customers while excluding all
primary voltage and secondary voltage interconnection equipment upgrade costs
that solely benefit a single interconnection customer, to the extent practicable
and material.
(55) “Secondary voltage interconnection customer” means an
interconnection customer with a point of interconnection at less than or equal
to 600 nominal volts.
[(49)] (56)—[(57)] (64) (text unchanged)
.06 General Requirements.
A.—K. (text unchanged)
L. Witness Test of Small Generator Facility.
(1)—(7) (text unchanged)
(8) For interconnection equipment that has not been [lab-certified] certified or [field-approved] approved under
Regulation .07 of this chapter, the witness test may also include the
verification by the utility specified in Section 8 of IEEE Standard
1547.1-2020.
(9)—(11) (text unchanged)
M.—O. (text unchanged)
[P. Inadvertent Export,
Net System Capacity, and Proposed Use for Small Generator Facilities with
Energy Storage Devices. Utilities shall approve interconnection requests for
inadvertent export, net system capacity, and proposed use for small generator
facilities subject to the following requirements:
(1) Small generator facilities using Level 3 interconnection
requests are by definition nonexporting systems, and are not allowed to utilize
inadvertent exports.
(2) Small generator facilities may inadvertently export power of a
magnitude and duration as evaluated and allowed by the utility and as specified
in their interconnection agreement. 30 seconds shall be used as a default
inadvertent export duration unless the utility determines that this level
duration will violate utility evaluation criteria.
(3) There are no limits on the number of times inadvertent exports
occur in any given customer billing cycle.
(4) Small generator facilities may not have total inadvertent
exports greater than the generating facility nameplate capacity multiplied by 1
hour per customer in each billing cycle.
(5) In the event that a small generator facility exceeds approved
inadvertent export magnitude or duration limits, the small generator facility
shall immediately cease to export real power to the grid until acceptable
output control has been reestablished.
(6) If required by the utility, the small generator facility shall
be subject to a verification reporting plan to monitor the small generator
facility’s compliance with any inadvertent export or net system capacity
requirements as documented in the interconnection agreement. A verification
reporting plan may include periodic reports, online monitoring, or other
verification methods, or it may be waived as agreed by the utility and
interconnection customer.
(7) Failure of a small generator facility to demonstrate compliance
with the facility’s verification reporting plan may result in the suspension of
utility approvals in this section until the small generator facility agrees and
implements an acceptable corrective action plan with the utility.]
P. Flexible Interconnection
Options.
(1) Utilities shall approve
interconnection requests while considering flexible interconnection options
under a limited export agreement or, for inadvertent export, net system
capacity and a proposed use subject to the requirements of this section.
(2) Inadvertent Export for
Energy Storage Devices.
(a) Small generator
facilities using Level 3 interconnection requests are non-exporting systems and
are not allowed to utilize inadvertent exports.
(b) A utility may not approve
an inadvertent export option if the interconnection customer lacks the
appropriate standardized controls to ensure that the small generator facility
operates as agreed upon in interconnection agreements.
(c) Small generator
facilities may inadvertently export power of a magnitude and duration as
evaluated and allowed by the utility and as specified in their interconnection
agreement. Thirty seconds shall be used as a default inadvertent export
duration unless the utility determines that this level duration violates
utility evaluation criteria.
(d) There are no limits on
the number of times inadvertent exports occur in any given customer billing
cycle.
(e) Small generator
facilities may not have total inadvertent exports greater than the generating
facility nameplate capacity multiplied by 1 hour per customer in each billing
cycle.
(f) In the event that a small
generator facility exceeds approved inadvertent export magnitude or duration
limits, the small generator facility shall immediately cease to export power to
the grid until acceptable output control has been reestablished.
(3) Net System Capacity and
Proposed Use.
(a) An interconnection
customer may request that its interconnection request be based on the proposed
use of the small generator facility and the impact of its proposed use on net
system capacity.
(b) A utility may not approve
a proposed use if the interconnection customer lacks the appropriate
standardized controls to ensure that the small generator facility operates as
agreed upon in interconnection agreements.
(c) In the event that a small
generator facility exceeds the approved net system capacity for the proposed
use, the small generator facility shall immediately cease to export power to
the grid until acceptable output control has been reestablished.
(4) Limited Export
Agreements.
(a) By January 1, 2025, a
utility shall publish on its interconnection website a description of their
limited export agreement policies and provide a process for interconnection
customers to request these agreements to avoid the need for a hosting capacity
upgrade project to accommodate an interconnection request, including the
following:
(i) Limited export agreements
shall be made available upon request only to Level 2 and Level 4
interconnection customers;
(ii) Limited export agreement
terms shall be mutually agreed upon between a utility and an interconnection
customer for operating conditions as specified in the interconnection agreement
or in a separate limited export interconnection customer agreement; and
(iii) The method of
implementation and control of the limited export agreement terms shall be
mutually agreed upon between a utility and the interconnection customer and
specified in the interconnection agreement or in a separate limited export
interconnection customer agreement.
(b) A utility may not approve
a limited export agreement if the interconnection customer lacks the
appropriate standardized controls to ensure that the small generator facility
operates as agreed upon in interconnection agreements.
(c) In the event that a small
generator facility does not curtail and exceeds the approved limited export
parameters stated in the interconnection agreement or a separate limited export
interconnection customer agreement, the small generator facility shall
immediately cease to export real power to the grid until acceptable output
control has been reestablished.
(5) If required by the
utility, the small generator facility shall be subject to a verification
reporting plan to monitor the small generator facility’s compliance with any
flexible interconnection option limits involving net system capacity,
inadvertent export, proposed use, and limited export agreement requirements as
documented in the interconnection agreement. A verification reporting plan may
include periodic reports, online monitoring, or other verification methods, or
it may be waived as agreed upon by the utility and interconnection customer.
(6) Utilities may include a
recurring administrative fee in utility tariffs as a term in flexible
interconnection option agreements to reimburse the utility for estimated
additional costs to administer these agreements and the stated limiting
conditions.
(7) Failure of a small
generator facility to demonstrate compliance with the facility’s verification
reporting plan may result in the suspension of utility approvals in this
section until the small generator facility agrees and implements an acceptable
corrective action plan with the utility within 30 calendar days of notification
by the utility.
(8) A small generator
facility shall cease to export power if it fails to provide an acceptable
corrective action plan to the utility, pursuant to §P(7)
of this regulation.
Q. Hosting Capacity.
(1) Utilities shall establish hosting capacity policies subject to the
following requirements:
(a)—(b) (text unchanged)
(c) A utility [may] shall
determine the amount of reserve hosting capacity on a restricted circuit based
on a circuit-specific assessment of distributed energy resource
forecasts or other factors, including customer density, type of area
served, and customer demographics of the circuit.
(d)—(e) (text unchanged)
[(2) To open multiple closed or restricted circuits in the
aggregate, a utility may submit, or the Commission may require a utility to
submit, a hosting capacity upgrade plan for the Commission’s review and
approval.]
(2) A utility may submit for
the Commission’s review and approval a hosting capacity upgrade plan or
multiple plans to address or otherwise increase the utility’s existing
distribution aggregate circuit hosting capacity limits across the system, or in
a specific area of an electric utility’s system, that are forecasted to be
congested in the future if the utility’s forecast of distributed energy
resource growth exceeds existing hosting capacity. These plans may be
considered by the Commission if primary voltage hosting capacity upgrade fees,
pursuant to §R of this regulation, exceed a threshold of the utility’s average
cost per kilowatt for their aggregate customer funded hosting capacity upgrade
projects completed in the previous year, unless good cause exists for a utility
to request a waiver of this requirement.
(3) Hosting capacity upgrade plans that are
submitted by a utility shall include:
(a) A description of the
electric system areas to be included in the hosting capacity upgrade plan at
the feeder and substation level;
(b) A description of the
assumptions used for establishing and prioritizing the area covered by the
hosting capacity upgrade plan and associated forecasts and timeline for hosting
capacity utilization;
(c) A description of the
assumptions used for modeling and establishing the cost of the hosting capacity
upgrade plan;
(d) If the plan proposes that
ratepayers bear any costs that would not be paid by future interconnection
customers, a justification for the percentage cost allocation proposed between
interconnection customers and ratepayers, including descriptions of:
(i) How the proposed cost
allocation was developed and what alternatives were considered, explaining and
quantifying the benefits ratepayers are expected to receive from the upgrade;
and
(ii) How the utility engaged
with stakeholders, particularly the ratepayer advocate’s office, the Maryland
Office of People’s Counsel, in the development of the utility’s cost allocation
proposal;
(e) A description of the
proposed cost allocation method in terms of dollars per kilowatt for a primary
voltage hosting capacity fee for an interconnection customer;
(f) A description of the
proposed cost allocation to ratepayers and the risks to ratepayers of
unallocated hosting capacity upgrade costs if the hosting capacity upgrade does
not become fully utilized; and
(g) A proposal for utility
cost recovery that describes how hosting capacity upgrade costs shall be offset
by future utility revenues from interconnection customers.
[(3)] (4)—[(4)] (5) (text unchanged)
R. Maryland Cost Allocation
Method.
(1) Within 1 year of the
effective date of this regulation, electric utilities shall submit an electric
utility service tariff for Commission approval for a primary voltage hosting
capacity cost sharing and allocation methodology for interconnection customers,
as follows:
(a) The default hosting
capacity cost sharing and allocation methodology for primary voltage
interconnection customers shall be based on locational pricing to incentivize
interconnection in areas with higher available hosting capacity and
disincentivize interconnection in areas with lower available hosting capacity.
(b) A utility may petition
the Commission to implement a hosting capacity cost sharing and allocation
methodology for primary voltage interconnection customers that is not
locationally based for “good cause” in their tariff filing.
(c) An interconnection
request shall be eligible for hosting capacity cost sharing and allocation
under this section unless they are exempted for the following reasons:
(i) The interconnection
request is subject to the PJM Interconnection, LLC Tariff;
(ii) The interconnection
request is in an area with its cost allocation governed by a hosting capacity
upgrade plan approved by the Commission;
(iii) The interconnection is
on a dedicated primary voltage feeder that may not benefit any other
interconnection customer;
(iv) The interconnection is
on a dedicated secondary voltage facility that may not benefit any other
interconnection customer;
(v) The interconnection
request is on an AC distribution grid or spot network; or
(vi) Other good cause as
documented by the utility and reported, pursuant to Regulation .14 of this
chapter.
(d) If an interconnection
request is exempted, pursuant to §R(1)(c) of this regulation, the
interconnection customer shall pay all interconnection costs as determined by
the utility, unless the interconnection request is subject to the PJM Tariff or
the interconnection request is in an area with its cost allocation governed by
a hosting capacity upgrade plan approved by the Commission.
(e) If sufficient hosting
capacity is not available at a point of interconnection for a primary voltage
interconnection customer, an electric utility may propose a hosting capacity
upgrade project to the interconnection customer or customers, as follows:
(i) The utility shall charge
the primary voltage interconnection customer a hosting capacity fee for its
share of the primary voltage hosting capacity upgrade cost proportional to the
interconnection customer’s utilization of hosting capacity.
(ii) If more than one
interconnection request exists in the interconnection queue that shall benefit
from the electric utility proposed hosting capacity upgrade project, these
interconnection customers shall be clustered together for the purpose of calculating
hosting capacity fees.
(iii) Hosting capacity fees
for clustered interconnection customers shall be calculated proportional to
each interconnection customer’s utilization of the hosting capacity created by
the hosting capacity upgrade project.
(iv) All hosting capacity
upgrade costs in excess of hosting capacity fees collected shall be accumulated
in a separate unallocated primary voltage hosting capacity upgrade cost account
for future allocation to primary voltage interconnection customers.
(v) Unallocated hosting
capacity upgrade costs for primary voltage interconnection customers shall be
shared and allocated to other primary voltage interconnection customers using a
primary voltage hosting capacity cost sharing and allocation methodology in an
electric utility service tariff approved by the Commission.
(2) Within 1 year of the
effective date of this regulation, electric utilities shall submit an electric
utility service tariff for Commission approval for a secondary voltage cost
sharing and fee for both residential and commercial interconnection customers,
as follows:
(a) If sufficient hosting
capacity is not available at a point of interconnection for a secondary voltage
interconnection customer, an electric utility may construct a hosting capacity
upgrade project for the interconnection customer or customers.
(b) All secondary voltage
hosting capacity upgrade costs shall be accumulated in separate unallocated
accounts for both residential and commercial secondary voltage interconnection
customers for future allocation in hosting capacity fees.
(c) Unallocated hosting
capacity upgrade costs for both residential and commercial secondary voltage
interconnection customers shall be shared and allocated to other secondary
voltage interconnection customers using a hosting capacity cost sharing and allocation
fee in an electric utility service tariff approved by the Commission.
(3) Hosting capacity fees for
primary voltage interconnection customers shall be reset using a cost sharing
and allocation methodology approved by the Commission in an electric utility
service tariff filing whenever a change in methodology is proposed, unless the
fee is zero or the fee change is less than $1 per kilowatt.
(4) Hosting capacity fees for
secondary voltage interconnection customers shall be reset annually using a
cost sharing and allocation methodology approved by the Commission unless the
fee is zero or the fee change is less than $1 per kilowatt from the current fee
in the electric utility’s service tariff.
(5) A utility may submit for
Commission approval an administrative charge in its service tariff to recover
its administrative costs for managing the cost sharing and allocation
methodology for primary and secondary voltage interconnection customers.
(6) A utility shall describe
all hosting capacity upgrade project rightsizing projects describing their
forecasts, inputs, and assumptions in their next rate case to assist
stakeholders in a prudency review.
.07 Certified and Approved Equipment.
A. After January 1, 2024, any
small generator facility inverter for which an interconnection request is
submitted shall be deemed certified and approved if it meets the requirements
of IEEE Standard 1547-2018 and UL Standard 1741-SB, except for inverters
purchased pursuant to Regulation .06N(2) of this chapter.
B. After January 1, 2024, any
small generator facility shall be deemed approved if the interconnection
equipment including interface components such as switchgear, multifunction
relays, or other interface devices are compatible with the interconnection equipment,
pursuant to witness test requirements pursuant to Regulation .06L of this
chapter.
C. An electric utility shall
approve a meter collar adapter model for installation in its Maryland service
area for specific compatible meter configurations and customer applications,
provided that the meter collar adapter model meets the following criteria:
(1) The meter collar adapter
model is approved or listed by a nationally recognized testing laboratory;
(2) The meter collar adapter
model is approved for use in utility service areas, unless sufficient rational
for disapproval is provided by an electric utility;
(3) All meter collar model
installations, access, testing, inspections, servicing, and removals shall only
be performed by a qualified person as agreed between the utility and the meter
collar manufacturer;
(4) The meter collar adapter
model design does not impede access to the sealed meter socket compartment, or
to the meter itself by a qualified person;
(5) The meter collar adapter
model is compatible with the National Electric Code; and
(6) The meter collar adapter
model is compatible to the specific meter configurations and customer
applications to ensure that the meter collar adapter is capable of being safely
and reliably inserted into a meter socket to maintain a secure connection with
both the meter socket and the utility meter.
D. An electric utility shall
approve or disapprove a meter collar adapter model for installation in its
service area no later than 90 days after a meter collar manufacturer submits a
request for approval of the meter collar adapter, and a utility’s procedures
shall be updated within 90 days of utility approval.
E. An electric utility shall
provide an explanation to the requesting meter collar manufacturer explaining
the reasons any meter collar adapter model application was denied.
F. A requesting meter collar
adapter manufacturer may appeal the utility decision to the Commission using
the dispute resolution process in Regulation .13 of this chapter.
G. An electric utility shall
provide public notice of all decisions approving a meter collar adapter model
by posting the information on the utility’s website.
H. An electric utility shall
authorize the installation and operation of a utility-approved meter collar
adapter for a customer installation, provided the meter collar adapter meets
the following criteria:
(1) The meter collar adapter
is qualified to be connected to the supply side of the service disconnect,
pursuant to the applicable provisions of the National Electric Code;
(2) The meter collar adapter
is rated for the meter socket into which it is intended to be installed;
(3) The meter collar adapter
does not exceed the weight bearing limits of a meter socket;
(4) Multiple meter collar
adapters are not stacked in a meter socket; and
(5) The meter collar adapter
does not disable this excessive heating detection capability of AMI meters.
I. A utility shall uninstall
an approved meter collar adapter in the aggregate if any deficiencies are found
after installation that result in safety or operational concerns, if these
concerns cannot be remediated by a customer for a specific installation or by a
meter collar adapter manufacturer, in the aggregate.
J. The determination of
violations in this regulation and the assessment of related civil penalties and
corrective action plans shall be delegated to the Engineering Division.
.09 Level 1 Review.
A. The utility shall evaluate a Level 1 small generator facility
for the potential for adverse system impacts using net system capacity, pursuant to Regulation .06A and B of this
chapter, unless nameplate capacity is specifically required using the
following:
(1)—(3) (text unchanged)
(4) As an alternative non-mandatory
method to evaluate the adverse system impacts of a proposed Level 1 small
generator facility on the distribution system, as described in §A(1)—(3) of
this regulation, or as a mandatory next
step prior to rejecting an interconnection request, pursuant to §E of this
regulation, for Level 1 Review Failure, a utility may use a power-flow
based analysis system [if the
utility has submitted] with modeling of IEEE 1547-2018 inverter
capabilities as follows, if its use may change the analysis result as determined by
the utility:
[(a) A plan, subject to
Commission approval, that describes its methodology for its power-flow based
modeling system and includes reasoning for each screen used to evaluate an
application; and
(b) Information about the system’s results, as required in
Regulation .14 of this chapter;]
(a) For primary voltage
systems, within 6 months of the effective date of this regulation; and
(b) For secondary voltage
systems, within 2 years of the effective date of this regulation;
(5)—(6) (text unchanged)
B.—E. (text unchanged)
.10 Level 2 Review.
A. The utility shall evaluate a Level 2 small generator facility
for the potential for adverse system impacts using net system capacity, pursuant to Regulation .06A and B of this
chapter, unless nameplate capacity is specifically required using the
following:
(1)—(8) (text unchanged)
(9) As an alternative non-mandatory method to evaluate the
adverse system impacts of a proposed Level 2 small generator facility on the
distribution system, as described in §A(1)—(8) of this regulation, or as a
mandatory next step prior to rejecting an interconnection request, pursuant to
§E of this regulation, for Level 1 Review Failure, a utility may use a
power-flow based analysis system [if the utility has submitted] with
modeling of IEEE 1547-2018 inverter capabilities as follows, if its use may
change the analysis result as determined by the utility:
[(a) A plan, subject to
Commission approval, that describes its methodology for its power-flow based
modeling system and includes reasoning for each screen used to evaluate an
application; and
(b) Information about the system’s results, as required in
Regulation .14 of this chapter;]
(a) For primary voltage
systems, within 6 months of the effective date of this regulation; and
(b) For secondary voltage
systems, within 2 years of the effective date of this regulation;
(10) (text unchanged)
(11) If the proposed interconnection facility requires a site-specific utility required inverter
settings profile review or a
minor system [modification,] modification
without further study review needed,
the utility shall notify the applicant of that requirement when it provides the
Level 2 evaluation result, as follows:
(a) (text unchanged)
(b) If the applicant makes such an election, the utility shall
provide an interconnection agreement, along with a non-binding good faith cost
estimate and construction schedule for [those
upgrades,] any minor system modifications to the applicant within 30 calendar
days after the utility receives such an election; and
(c) (text unchanged)
B.—E. (text unchanged)
F. Failure to Meet Level 2 Criteria.
(1) (text unchanged)
(2) A utility shall:
(a) Within 30 calendar days, offer to perform additional review to
determine whether minor system
modifications [to the electric
distribution system] or a site-specific utility required inverter
settings profile would enable the interconnection to be made consistent
with safety, reliability, and power quality criteria; [and]
(b) Provide the applicant with a nonbinding, good faith estimate of
the costs of the additional review
and minor system modifications[.];
and
(c) Advise the applicant if a
limited export customer agreement could be used to facilitate reliable and safe
interconnection to the electric distribution system.
(3)—(4) (text unchanged)
G.—H. (text unchanged)
.12 Level 4 Study Review.
A.—D. (text unchanged)
E. Interconnection Feasibility, Interconnection System Impact, and
Interconnection Facilities Studies.
(1)—(2) (text unchanged)
(3) Interconnection Facilities Study.
(a)—(d) (text unchanged)
[(e) Delay in Electric
Distribution System Upgrades.
(i) In the event that electric distribution system upgrades are
identified in the impact study that will be required to be added only in the
event that higher queue position customers not yet interconnected eventually
will complete and interconnect their small generator facilities, an applicant
may elect to interconnect without paying for such upgrades at the time of the
interconnection under the condition that the customer shall pay for such
upgrades at the time the higher queue position customer is ready to
interconnect.
(ii) If the applicant does not pay for the cost of the electric
distribution system upgrades at that time, the utility shall require the
customer to immediately disconnect its small generator facility so that
interconnection of the higher-queued customer can be accommodated.]
[(f)] (e)—[(h)] (g) (text unchanged)
F.—G. (text unchanged)
.13 Dispute Resolution.
A. (text unchanged)
B. Dispute Resolution Before the Commission.
(1) If a dispute arises, the applicant or utility may seek
immediate resolution through the procedures of COMAR 20.32.01[, or an alternative dispute resolution
process approved by the Commission, by providing written notice to the
Commission and the other party stating the issues in dispute].
(2) (text unchanged)
(3) [If available,
dispute resolution may be conducted by phone.] If a dispute arises
involving technical matters regarding the interconnection process, dispute
resolution shall be delegated to the Commission’s Engineering Division.
[C. Dispute Resolution
by Technical Master.
(1) If disputes relate to the technical matters regarding the
interconnection process, upon the request of the applicant and utility and at
their cost, the Commission may designate a technical master to resolve the
dispute.
(2) The Commission may designate a Department of Energy National
Laboratory, PJM Interconnection, LLC, a college or university with electric
distribution system engineering expertise, or another electric distribution
system expert unaffiliated with the interconnection process in dispute as the
technical master.
(3) Upon Commission designation, the applicant and utility shall
use the technical master to resolve disputes related to interconnection.
(4) Responsibility for the costs for a dispute resolution conducted
by the technical master shall be determined either prior to submission of the
dispute to the technical master by the applicant and utility, or by the
technical master after the resolution of the dispute.]
[D.] C.—[E.] D. (text unchanged)
E. If a satisfactory
resolution is not achieved between the applicant and utility, the applicant or
utility may request a hearing, pursuant to Public Utilities Article, §3-102,
Annotated Code of Maryland.
.14 Record Retention and Reporting Requirements.
A.—B. (text unchanged)
C. A utility shall file not later than April 1 of each year a
report entitled “Annual Small Generator Interconnection Report” to the
Commission containing the following information for the preceding calendar
year:
(1) The total number of [and
the nameplate capacity of the]
interconnection requests received, approved, and denied under Level 1, Level 2,
Level 3, and Level 4 reviews;
[(2) The number of
evaluations of interconnections requests approved and denied using any
alternate process under Level 1, Level 2, Level 3, and Level 4 reviews;]
[(3)] (2)—[(9)] (8) (text unchanged)
[(10)] (9)
Beginning April 1, 2021, a utility shall also report annually for the previous
year:
(a)—(c) (text unchanged)
(d) The number of interconnection requests for [net system capacity] flexible interconnection options
totaled for Level 1, Level 2, Level 3, and Level 4 that were approved, denied,
or suspended due to non-compliance;
(e) (text unchanged)
(f) The number of small generator facility projects that delay
payment for a distribution system upgrade until the time a first higher small
generator facility project in an interconnection queue is ready to
interconnect; [and]
[(11)] (10) Beginning April 1, 2024, if
Volt-Watt control is implemented in a utility’s default utility required
inverter settings profile, a utility shall also report for the electric
distribution system annually for the previous year:
(a)—(c) (text unchanged)
(d) Number of smart inverter related interconnection customer
curtailment complaints unresolved[.]; and
(11) Beginning April 1, 2025, an electric utility shall report exemptions to
Regulation .06R of this chapter annually for the previous year, including:
(a) The number of
interconnection requests subject to the PJM Interconnection, LLC Tariff;
(b) The number of
interconnection requests in an area governed by a hosting capacity upgrade plan
approved by the Commission;
(c) The number of
interconnection requests on a dedicated primary voltage feeder that may not
benefit any other interconnection customer;
(d) The number of
interconnection requests on a dedicated secondary voltage facility that may not
benefit any other interconnection customer;
(e) The number of
interconnection requests on an AC distribution grid or spot network;
(f) The number of
interconnection requests exempted for other good cause; and
(g) The reason for good cause
for each interconnection request exempted from Regulation .06R of this chapter.
D.—F. (text unchanged)
[G. The utility shall
send a weekly electronic confidential report to Commission Staff of all solar
facilities successfully interconnected. The weekly electronic confidential
report shall:
(1) Be compatible with the format requirements of PSC and MD State
IT departments to facilitate the processing of Solar Renewable Energy Credits
(SRECs); and
(2) Contain the name of the customer, the address, the size of the
facility (kW DC) and the date of final approval (net meter set).]
ANDREW S. JOHNSTON
Executive Secretary
Special Documents
DEPARTMENT OF THE ENVIRONMENT
SUSQUEHANNA RIVER BASIN
COMMISSION
Commission Meeting
AGENCY: Susquehanna River Basin Commission.
ACTION: Notice.
SUMMARY: The Susquehanna River Basin Commission will conduct
its regular business meeting on September 12, 2024 in Harrisburg, Pennsylvania.
Details concerning the matters to be addressed at the business meeting are
contained in the Supplementary Information section of this notice. Also the
Commission published a document in the Federal Register on July 9, 2024,
concerning its public hearing on August 1, 2024, in Harrisburg, Pennsylvania.
DATES: The meeting will be held on Thursday, September 12,
2024, at 9 a.m.
ADDRESSES: This public meeting will be conducted in person
and digitally from the Lord Baltimore Hotel, 20 W Baltimore Street, Baltimore,
Maryland.
FOR FURTHER INFORMATION CONTACT: Jason E. Oyler, General
Counsel and Secretary to the Commission, telephone: 717-238-0423; fax:
717-238-2436.
SUPPLEMENTARY INFORMATION: The business meeting will include
actions or presentations on the following items: (1) Adoption of the FY 2026
current expense budget; (2) Adoption of the member allocation for FY 2026; (3)
approval of contracts and grants; (4) action on rulemaking for agency
procurement, bid protest procedures and other changes to Part 801 (tabled at
June Meeting); and (5) actions on 24 regulatory program projects.
This agenda is complete at the time of issuance, but other
items may be added, and some stricken without further notice. The listing of an
item on the agenda does not necessarily mean that the Commission will take
final action on it at this meeting. When the Commission does take final action,
notice of these actions will be published in the Federal Register after the
meeting. Any actions specific to projects will also be provided in writing
directly to project sponsors.
The meeting will be conducted both in person at the Lord
Baltimore Hotel, 20 W. Baltimore Street, Baltimore, Maryland and digitally. The
public is invited to attend the Commission’s business meeting. The public may
access the Business Meeting remotely via Zoom : https://us02web.zoom.us/j/89292000071?pwd=S1E2Qi9QNHUyTkhjY3ZoRUJJeXpqUT09
Meeting ID 892 9200 0071; Passcode: SRBC4423! or via telephone: 305-224-1968 or
309-205-3325; Meeting ID 892 9200 0071.
Written comments pertaining to items on the agenda at the
business meeting may be mailed to the Susquehanna River Basin Commission,
4423 North Front Street, Harrisburg, Pennsylvania 17110-1788, or submitted
electronically at the link Business
Meeting Comments. Comments are due to the Commission for all items
on the business meeting agenda on or before September 9, 2024. Comments will
not be accepted at the business meeting noticed herein.
AUTHORITY: Pub. L. 91-575, 84 Stat. 1509 et seq., 18 CFR
Parts 801, 806, and 808.
DATED: August 9, 2024.
JASON E. OYLER
General Counsel And Secretary To The Commission
[24-17-11]
SUSQUEHANNA RIVER BASIN COMMISSION
Projects Approved
for Consumptive Uses of Water
AGENCY: Susquehanna
River Basin Commission.
ACTION: Notice.
SUMMARY: This notice
lists Approvals by Rule for projects by the Susquehanna River Basin Commission
during the period set forth in DATES.
DATES: July 1 - 31, 2024.
ADDRESSES: Susquehanna River Basin Commission, 4423 North
Front Street, Harrisburg, PA 17110-1788.
FOR FURTHER INFORMATION CONTACT: Jason E. Oyler, General
Counsel and Secretary to the Commission, telephone: (717) 238-0423, ext. 1312; fax: (717) 238-2436; e-mail: joyler@srbc.net. Regular mail inquiries may be sent to the
above address.
SUPPLEMENTARY INFORMATION: This notice lists the projects,
described below, receiving approval for the consumptive use of water pursuant
to the Commission’s approval by rule process set forth in 18 CFR §806.22 (f)
for the time period specified above.
Water Source Approval - Issued Under 18 CFR 806.22(f):
RENEWAL -
Chesapeake Appalachia, L.L.C.; Pad ID: Baumunk North B Drilling Pad;
ABR-201406004.R2; Fox Township, Sullivan County, Pa.; Consumptive Use of Up to
7.5000 mgd; Approval Date: July 15, 2024.
RENEWAL -
Chesapeake Appalachia, L.L.C.; Pad ID: Benscoter ; ABR-20090601.R3; Auburn
Township, Susquehanna County, Pa.; Consumptive Use of Up to 7.5000 mgd;
Approval Date: July 15, 2024.
RENEWAL -
Chesapeake Appalachia, L.L.C.; Pad ID: Clark Drilling Pad; ABR-201406008.R2;
Springville Township, Susquehanna County, Pa.; Consumptive Use of Up to 7.5000
mgd; Approval Date: July 15, 2024.
RENEWAL -
Chesapeake Appalachia, L.L.C.; Pad ID: Evanchick; ABR-20090604.R3; Asylum
Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval
Date: July 15, 2024.
RENEWAL -
Chesapeake Appalachia, L.L.C.; Pad ID: Mowry; ABR-20090527.R3; Tuscarora
Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval
Date: July 15, 2024.
RENEWAL -
Chesapeake Appalachia, L.L.C.; Pad ID: Otten; ABR-20090526.R3; Asylum Township,
Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: July
15, 2024.
RENEWAL -
Chesapeake Appalachia, L.L.C.; Pad ID: Przybyszewski; ABR-20090555.R3; Auburn
Township, Susquehanna County, Pa.; Consumptive Use of Up to 7.5000 mgd;
Approval Date: July 15, 2024.
RENEWAL -
Chesapeake Appalachia, L.L.C.; Pad ID: SGL 12 O PAD; ABR-201906002.R1; Franklin
Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval
Date: July 15, 2024.
RENEWAL -
Chesapeake Appalachia, L.L.C.; Pad ID: Strom; ABR-20090602.R3; Monroe Township,
Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: July
15, 2024.
RENEWAL -
Chesapeake Appalachia, L.L.C.; Pad ID: VanNoy; ABR-20090535.R3; Granville
Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval
Date: July 15, 2024.
RENEWAL -
Chesapeake Appalachia, L.L.C.; Pad ID: Vargson; ABR-20090605.R3; Granville
Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval
Date: July 15, 2024.
RENEWAL -
Chesapeake Appalachia, L.L.C.; Pad ID: WGC; ABR-201205014.R2; Albany Township,
Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: July
15, 2024.
RENEWAL -
Chesapeake Appalachia, L.L.C.; Pad ID: Wissler Drilling Pad; ABR-201406005.R2;
McNett Township, Lycoming County, Pa.; Consumptive Use of Up to 7.5000 mgd;
Approval Date: July 15, 2024.
RENEWAL -
Repsol Oil & Gas USA, LLC; Pad ID: SHEDDEN (01 013/043) D; ABR-20090603.R3;
Troy Township, Bradford County, Pa.; Consumptive Use of Up to 6.0000 mgd;
Approval Date: July 15, 2024.
RENEWAL -
Seneca Resources Company, LLC; Pad ID: CRV D08-Pad G; ABR-201406007.R2; Norwich
and Sargeant Townships, McKean County, Pa.; Consumptive Use of Up to 4.0000
mgd; Approval Date: July 15, 2024.
RENEWAL -
Chesapeake Appalachia, L.L.C.; Pad ID: Czop Drilling Pad; ABR-201406009.R2; Fox
Township, Sullivan County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval
Date: July 26, 2024.
RENEWAL -
Chesapeake Appalachia, L.L.C.; Pad ID: MTL; ABR-201906003.R1; Wyalusing Township,
Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: July
26, 2024.
RENEWAL - EQT
ARO LLC; Pad ID: C.O.P. Tract 285 (1000); ABR-20090408.R3; Grugan Township,
Clinton County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: July
26, 2024.
RENEWAL - EQT
ARO LLC; Pad ID: COP Tr 252 #1000H; ABR-20090444.R3; Grugan Township, Clinton
County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: July 26, 2024.
RENEWAL - EQT
ARO LLC; Pad ID: COP Tract 285 (1001H, 1002H); ABR-20090413.R3; Grugan
Township, Clinton County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval
Date: July 26, 2024.
RENEWAL -
Repsol Oil & Gas USA, LLC; Pad ID: DCNR 587 (02 001); ABR-20090609.R3; Ward
Township, Tioga County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval
Date: July 26, 2024.
RENEWAL -
Repsol Oil & Gas USA, LLC; Pad ID: Guillaume 714; ABR-201206009.R2; Liberty
Township, Tioga County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval
Date: July 26, 2024.
RENEWAL -
Repsol Oil & Gas USA, LLC; Pad ID: WILLIAMS (01 041/042) R;
ABR-20090611.R3; Troy Township, Bradford County, Pa.; Consumptive Use of Up to
6.0000 mgd; Approval Date: July 26, 2024.
RENEWAL -
Seneca Resources Company, LLC; Pad ID: CRV Pad C08-X; ABR-201406010.R2; Shippen
Township, Cameron County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval
Date: July 26, 2024.
RENEWAL - SWN
Production Company, LLC; Pad ID: Humbert Pad (RU-8); ABR-201206003.R2; New
Milford Township, Susquehanna County, Pa.; Consumptive Use of Up to 4.9990 mgd;
Approval Date: July 26, 2024.
RENEWAL - XTO
Energy Inc.; Pad ID: Jenzano; ABR-20090713.R3; Franklin Township, Lycoming
County, Pa.; Consumptive Use of Up to 3.0000 mgd; Approval Date: July 26, 2024.
RENEWAL - XTO
Energy Inc.; Pad ID: Temple; ABR-20090714.R3; Moreland Township, Lycoming
County, Pa.; Consumptive Use of Up to 3.0000 mgd; Approval Date: July 26, 2024.
Blackhill
Energy LLC; Pad ID: Black Sam Bellamy Well Pad; ABR-202407001; Springfield
Township, Bradford County, Pa.; Consumptive Use of Up to 6.5000 mgd; Approval
Date: July 29, 2024.
RENEWAL -
Chesapeake Appalachia, L.L.C.; Pad ID: Welles 1; ABR-20090610.R3; Terry
Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval
Date: July 29, 2024.
RENEWAL - XTO
Energy Inc.; Pad ID: Marquardt; ABR-20090712.R3; Penn Township, Lycoming
County, Pa.; Consumptive Use of Up to 3.0000 mgd; Approval Date: July 29, 2024.
RENEWAL -
Chesapeake Appalachia, L.L.C.; Pad ID: Deremer; ABR-201407001.R2; Tuscarora
Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval
Date: July 30, 2024.
RENEWAL - SWN
Production Company, LLC; Pad ID: KOZIOL PAD; ABR-201206016.R2; New Milford
Township, Susquehanna County, Pa.; Consumptive Use of Up to 4.9990 mgd;
Approval Date: July 30, 2024.
RENEWAL - EQT
ARO LLC; Pad ID: COP Tract 289 Pad A; ABR-20090410.R3; McHenry Township,
Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: July
31, 2024.
AUTHORITY: Public Law 91-575, 84 Stat. 1509 et seq., 18 CFR parts
806 and 808.
DATED: August 9, 2024.
JASON E. OYLER
General Counsel and Secretary to the Commission
[24-17-12]
SUSQUEHANNA RIVER BASIN COMMISSION
Grandfathering
Registration Notice
AGENCY: Susquehanna River Basin Commission.
ACTION: Notice.
SUMMARY: This notice lists Grandfathering Registration for
projects by the Susquehanna River Basin Commission during the period set forth
in DATES.
DATES: July 1-31, 2024.
ADDRESSES: Susquehanna River Basin Commission, 4423 North
Front Street, Harrisburg, PA 17110-1788.
FOR FURTHER INFORMATION CONTACT: Jason E. Oyler, General
Counsel and Secretary to the Commission, telephone: (717) 238-0423, ext. 1312;
fax: (717) 238-2436; e-mail: joyler@srbc.gov. Regular mail inquiries may be sent to the
above address.
SUPPLEMENTARY INFORMATION: This notice lists GF Registration
for projects, described below, pursuant to 18 CFR Part 806, Subpart E, for the
time period specified above:
Team Ten LLC dba American Eagle Paper Mills, GF Certificate
No. GF-202407278, Warriors Mark Township, Huntingdon County, and Snyder
Township and Tyrone Borough, Blair County, Pa.; Hundred Springs, Cold Springs,
Stover Springs, and South Bald Eagle Creek and consumptive use; Issue
Date: July 18, 2024.
AUTHORITY: Public Law 91-575, 84 Stat. 1509 et seq., 18 CFR parts
806 and 808.
DATED: August 9, 2024.
JASON E. OYLER
General Counsel and Secretary to the Commission
[24-17-15]
SUSQUEHANNA RIVER BASIN COMMISSION
General Permit
Notice
AGENCY: Susquehanna River Basin Commission.
ACTION: Notice.
SUMMARY: This notice lists General Permits approved by the
Susquehanna River Basin Commission during the period set forth in DATES.
DATES: July 1-31, 2024
ADDRESSES: Susquehanna River Basin Commission, 4423 North
Front Street, Harrisburg, PA 17110-1788.
FOR FURTHER INFORMATION CONTACT: Jason E. Oyler, General
Counsel and Secretary to the Commission, telephone: (717) 238-0423, ext. 1312;
fax (717) 238-2436; e-mail: joyler@srbc.gov.
Regular mail inquiries may be sent to the above address.
SUPPLEMENTARY INFORMATION: This notice lists General Permits
for projects, described below, pursuant to 18 CFR § 806.17(c)(4), for the
time period specified above.
Furman Foods, Inc., dba Furmano’s – Well 9, General Permit
Approval of Coverage No. GP-02-20240707,
Point Township, Northumberland County, Pa.; emergency or maintenance activity
groundwater withdrawal approved up to 0.504 mgd (30-day average) Approval Date:
July 16, 2024.
AUTHORITY: Public Law 91-575, 84 Stat. 1509 et seq., 18 CFR parts
806 and 808.
DATED: August 9, 2024.
JASON E. OYLER
General Counsel and Secretary to the Commission
[24-17-14]
WATER AND SCIENCE
ADMINISTRATION
Water Quality
Certification 23-WQC-0035
Maryland Coastal Bays Program
c/o Kevin Smith
8219 Stephen Decatur Hwy
Berlin, MD 21811
Add’l. Info: Pursuant to COMAR 26.08.02.10F(3)(c),
The Maryland Department of the Environment is providing notice of its issuance
of a Water Quality Certification 23-WQC-0035
Location: 38.077222 N—75.334167 W, Girdletree, MD 21829
The purpose of the project is to control shoreline erosion,
to establish/enhance habitat, and to provide coastal resiliency.
Description of Authorized Work:
1. Construct 6
segmented headland breakwaters with cobble toes measuring between 163 and 465
feet long and between 32 and 39 feet wide, all associated with tombolo style
living shoreline with segmented breakwaters extending 122 to 422 feet
channelward of the mean high water line; fill and grade with approximately
8,433 cubic yards of a sand/woodchip mix and a sand/cobble mix for
tombolo/habitat construction and plant with 29,032 square feet of low marsh
vegetation and 33,053 of high marsh vegetation;
2. Construct three
channel blocks with inlet elevation set a mean lower low water as follows:
Channel Block 1 measures 95 feet long by 10 feet wide; Channel Block 2 measures
63 feet long by 10 feet wide; and Channel Block 3 measures 22 feet long by 10
feet wide.
The WQC and its attachments may be viewed at the following
link:
https://mde.maryland.gov/programs/Water/WetlandsandWaterways/Pages/WQC.aspx
Appeal of Final Decision. This Water Quality Certification
is a final agency decision. Any person aggrieved by the Department’s decision
to issue this WQC may appeal such decision in accordance with COMAR
26.08.02.10F(4). A request for appeal shall be filed with the Department within
30 days of publication of the final decision, and specify in writing the reason
why the final decision should be reconsidered. A request for appeal shall be
submitted to: Secretary of the Environment, Maryland Department of the
Environment, 1800 Washington Boulevard, Baltimore, MD 21230. Any request for an
appeal does not stay the effectiveness of this WQC.
Contact: Miles Simmons at robertm.simmons@maryland.gov
or at 410-901-4044.
[24-17-09]
MARYLAND HEALTH CARE
COMMISSION
SCHEDULE FOR CERTIFICATE OF
ONGOING PERFORMANCE REVIEWS — PERCUTANEOUS CORONARY INTERVENTION SERVICES
The Maryland Health Care Commission provides the following
schedule for the review of applications for Certificates of Ongoing Performance
of percutaneous coronary intervention (PCI) services.
Applications must be submitted no later than the published
due date and will only be received and reviewed in accordance with this
published schedule. All applications, including the required number of copies,
must be received at the offices of the Maryland Health Care Commission, 4160
Patterson Avenue, Baltimore, Maryland 21215, no later than 4:30 p.m. on the
scheduled date of submission. For further information about the review
schedules or procedures, contact Eileen Fleck, Chief, Acute Care Policy and Planning,
at eileen.fleck@maryland.gov
or 410-764-3287.
Percutaneous Coronary Intervention Services
|
Hospitals
|
Application
Submission Date
|
|
Holy Cross Silver
Spring
University of Maryland
Capital Region Medical Center
|
September 27, 2024
|
|
Adventist Shady Grove
Medical Center
UPMC Western Maryland
Meritus Medical Center
|
February 21, 2025
|
Note: The application submission dates for some other
hospitals’ PCI programs will be published in a subsequent notice because the
submission dates are over six months away.
[24-17-08]
DEPARTMENT OF NATURAL
RESOURCES
FISHING AND BOATING SERVICES
Public Notice — Spanish
Mackerel Commercial Fishery Season and Catch Limit — Effective 8/5/2024
WHAT THIS NOTICE DOES
The Secretary of the Maryland Department of Natural
Resources announces:
1. A change to the
commercial catch limit for Spanish mackerel; and
2. A change to the
commercial season for Spanish mackerel.
NEW CATCH LIMIT
Not more than 500 pounds of Spanish mackerel may be landed
per vessel per day or trip, whichever is longer, regardless of the number of
licensees on board the vessel.
COMMERCIAL SEASON
The commercial season for Spanish mackerel will close at
12:01 a.m. November 16, 2024. The season will reopen at 12:01 a.m. January 1,
2025, with no additional restrictions.
WHY THIS IS NECESSARY
Commercial landings have reached the commercial quota for
the Atlantic migratory group Spanish mackerel northern zone. The northern zone
for Atlantic migratory group Spanish mackerel includes federal waters from
North Carolina through New York. The commercial harvest of the Atlantic
migratory group Spanish mackerel northern zone in federal waters closed July
28, 2024. The Atlantic States Marine Fisheries Commission Fishery Management
Plan for Spanish Mackerel allows states to implement a bycatch in state waters.
This step must be taken to prevent the quota from being further exceeded, while
allowing a minimal bycatch amount of Spanish mackerel to be landed to avoid
dead discards.
WHO THIS NOTICE AFFECTS
This closure applies to all individuals who catch Spanish
mackerel commercially.
EFFECTIVE DATE
This notice is effective at 12:01 a.m. August 5, 2024, and
will remain in effect through and including December 31, 2024.
AUTHORITY
Code of Maryland Regulations 08.02.05.14C
JOSH KURTZ
Secretary of Natural Resources
[24-17-06]
General Notices
Notice
of ADA Compliance
The State of Maryland is committed to
ensuring that individuals with disabilities are able to fully participate in
public meetings. Anyone planning to
attend a meeting announced below who wishes to receive auxiliary aids,
services, or accommodations is invited to contact the agency representative at
least 48 hours in advance, at the telephone number listed in the notice or
through Maryland Relay.
BOARD OF PUBLIC ACCOUNTANCY
Subject: Public Meeting
Date and Time: September 10, 2024,
10 a.m. — 1 p.m.
Place: University
of Maryland College Park, Van Munching Hall, 7699 Mowatt Ln., Rm. VMH 2333ABC,
College Park, MD 20742
Contact: Christopher Dorsey 410-230-6318
[24-17-16]
STATE COLLECTION AGENCY LICENSING BOARD
Subject: Public Meeting
Date and Time: September 10, 2024,
2 — 3 p.m.; thereafter the public meetings will take place the second Tuesday
of every month, accessed via the Google Meet information below.
Place: Virtual Meeting
Add’l. Info: Google Meet joining info:
Video call link:
https://meet.google.com/ahz-mgnk-jsu
Or dial: (US) +1 530-738-1353
PIN: 815 799 863 #
If
necessary, the Board will convene in a closed session to seek the advice of
counsel or review confidential materials, pursuant to General Provisions
Article, §3-305, Annotated Code of Maryland
Contact: Ayanna Daugherty
410-230-6019
[24-17-04]
COMMISSION ON CRIMINAL SENTENCING POLICY
Subject: Public Meeting
Date and Time: September 10, 2024,
5:30 — 7:30 p.m.
Place: Via Livestream
Add’l. Info: A livestream of the meeting is available at: https://www.youtube.com/live/K77LgwO4-Os
Contact: David A Soule
301-403-4165
[24-17-03]
MARYLAND DEPARTMENT OF HEALTH/HARM REDUCTION STANDING
ADVISORY COMMITTEE (HRSAC)
Subject: Public Meeting
Date and Time: September 6, 2024,
10 a.m. — 12 p.m.
Place: Via Zoom — please see details below.
Add’l. Info: Zoom joining info:
Link: https://us06web.zoom.us/j/7336339359?pwd=gkWo3XZcqIEdAQhdfWCJba8Oo9OPCZ.1
Meeting ID: 733 633 9359
Passcode: 537109
Contact: Elizabeth Spradley
479-871-4439
[24-17-07]
MARYLAND DEPARTMENT OF HEALTH/PHARMACY AND THERAPEUTICS
(P&T) COMMITTEE
Subject: Public Meeting
Date and Time: November 7, 2024,
9 a.m. — 1 p.m.
Place: Virtual meeting — please see details below.
Add’l. Info: As soon as available, classes of drugs to be reviewed,
speaker registration guidelines, and procedure to register to attend the
virtual meeting will be posted on the Maryland Pharmacy Program website at:
https://health.maryland.gov/mmcp/pap/Pages/Public-Meeting-Announcement-and-Procedures-for-Public-Testimony.aspx
Submit questions to mdh.marylandpdlquestions@maryland.gov.
Contact: Deborah Washington 410-767-1455
[24-17-13]
DEPARTMENT OF INFORMATION TECHNOLOGY
Subject: Public Meeting
Date and Time: September 5, 2024,
10 a.m. — 12 p.m.
Place: 100 Community Pl., 1st Fl. Conf. Rm. B, Crownsville,
MD
Contact: Cindy Cole
410-697-9639
[24-17-01]
DEPARTMENT OF INFORMATION TECHNOLOGY
Subject: Public Meeting
Date and Time: September 18, 2024,
1 — 3 p.m.
Place: 100 Community Pl., 1st Fl. Conf. Rm. B, Crownsville,
MD
Contact: Cindy Cole
410-697-9639
[24-17-02]
MARYLAND STATE LOTTERY AND GAMING CONTROL COMMISSION
Subject: Public Meeting
Date and Time: August 29, 2024,
10 a.m. — 12 p.m.
Place: Montgomery Park Business Center, 1800 Washington Blvd,
Ste. 330, Baltimore, MD
Add’l. Info: The August meeting has been rescheduled to August 29,
2024 at 10 a.m. The meeting will be in person and via livestream. The link to
the meeting will be available on the day of the meeting on the website
https://www.mdgaming.com/commission-meeting-8-29-2024/.
Contact: Kathy Lingo
410-230-8790
[24-17-05]