|
Maryland Register
Issue Date: September 6, 2024 Volume 51 • Issue 18 • Pages 801 — 842
Governor Regulations Special Documents General Notices
|
| Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before August 19, 2024 5 p.m.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 19, 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 ..................................................................... 804
COMAR Research Aids
Table of Pending Proposals ........................................................... 805
Index of COMAR Titles Affected in
This Issue
COMAR
Title Number and Name Page
08 Department of Natural Resources ............................. 808, 811
10 Maryland Department of Health ................................ 808, 812
11 Department of Transportation ............................................ 813
13A State Board of Education ................................................... 813
13B Maryland Higher Education Commission ......................... 816
20 Public Service Commission ....................................... 810, 828
21 State Procurement Regulations ......................................... 810
25 Office of the State Treasurer ............................................ 828
26 Department of the Environment ........................................ 830
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.
Renewal
of Executive Order 01.01.2024.09 (Declaration of a
State of Emergency)
08 DEPARTMENT OF NATURAL RESOURCES
10 MARYLAND DEPARTMENT OF HEALTH
Adult
Residential Substance Use Disorder Services ................
Targeted
Case Management for People with Developmental
Disabilities
Home
and Community-Based Services Waiver for Children
with Autism Spectrum Disorder
1915(i)
Intensive Behavioral Health Services for Children,
Youth, and Families
BOARD OF OCCUPATIONAL THERAPY PRACTICE
SERVICE SUPPLIED BY ELECTRIC COMPANIES
Net
Metering ............................................................................
21 STATE PROCUREMENT REGULATIONS
Veteran-Owned
Small Business Enterprises ............................
Proposed Action on Regulations
08 DEPARTMENT OF NATURAL RESOURCES
General
.....................................................................................
10 MARYLAND DEPARTMENT OF HEALTH
HEALTH SERVICES COST REVIEW COMMISSION
Uniform
Accounting and Reporting System for Hospitals and
Related Institutions
11 DEPARTMENT OF TRANSPORTATION
MARYLAND AVIATION ADMINISTRATION
Baltimore/Washington
International Thurgood Marshall
Airport
SPECIAL INSTRUCTIONAL PROGRAMS
Programs
for Homeless Children .............................................
13B MARYLAND HIGHER EDUCATION COMMISSION
Academic
Programs—Degree-Granting Institutions
General
.....................................................................................
Compliance
..............................................................................
25 OFFICE OF THE STATE TREASURER
BUILDING ENERGY PERFORMANCE STANDARDS
Definitions
and Documents Incorporated by Reference
Performance Standards and Compliance Demonstration ...............
Alternative
Compliance and Special Provisions ......................
NOTICE
OF PUBLIC REVIEW AND COMMENT PERIOD
Cold Water Existing Use Determinations
Notice
of Interest Rate on Refunds and Moneys Owed to
the State
GOVERNOR’S WORKFORCE DEVELOPMENT BOARD
MARYLAND DEPARTMENT OF HEALTH/PHARMACY
AND THERAPEUTICS (P&T) COMMITTEE
MARYLAND DEPARTMENT OF
HEALTH/TELEPHARMACY WORKGROUP
DEPARTMENT OF INFORMATION TECHNOLOGY
MARYLAND INSURANCE ADMINISTRATION
Public
Hearing ..........................................................................
MARYLAND STATE LOTTERY AND GAMING CONTROL
COMMISSION
Public
Meeting .........................................................................
MARYLAND HEALTH CARE COMMISSION
Public
Meeting .........................................................................
DEPARTMENT OF VETERANS AFFAIRS/MARYLAND
VETERANS HOME COMMISSION
Public
Meeting .........................................................................
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 |
Emergency and
Proposed Regulations 5
p.m.* |
Notices,
etc. 10:30
a.m. |
Final Regulations 10:30
a.m. |
|
2024 |
|||
|
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
08.02.01.09 •
51:18 Md. R. 811 (9-6-24)
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)
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)
10.09.11.11 •
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)
10.09.39.02,.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)
10.09.53.04,.05 • 51:4 Md. R. 206 (2-23-24)
10.09.92.04,.05 • 51:1 Md. R. 38 (1-12-24)
Subtitles 10—22 (3rd volume)
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)
10.37.01.02 •
51:18 Md. R. 812 (9-6-24) (ibr)
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)
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)
51:18 Md. R. 813 (9-6-24)
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.05.09.01—.04,.07
• 51:18 Md. R. 813 (9-6-24)
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.02.03.28 •
51:18 Md. R. 816 (9-6-24)
13B.08.17.02—.05 • 51:16 Md. R. 759 (8-9-24)
13B.08.21.01—.22
• 51:18 Md. R. 818 (9-6-24)
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
20.06.01.01—.09 • 51:18 Md. R. 822 (9-6-24)
20.06.02.01—.06 • 51:18 Md. R. 822 (9-6-24)
20.50.09.02,.06,.07,.09,.10,.12—.14 • 51:17 Md. R. 789
(8-23-24)
25 OFFICE OF THE STATE
TREASURER
25.03.04.01—.06 • 51:18 Md. R. 828
(9-6-24)
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 •
51:18 Md. R. 830 (9-6-24) (ibr)
26.28.02.01—.05 •
51:18 Md. R. 830 (9-6-24)
26.28.03.01,.02 •
51:18 Md. R. 830 (9-6-24)
26.28.04.01—.03 • 51:18 Md. R. 830 (9-6-24)
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)
Rescission of
Executive Order 01.01.2024.26 (Declaration of a State of Preparedness – Severe
Weather Impact of Hurricane Debby)
WHEREAS, I, Wes Moore, Governor of the State of Maryland, issued Executive Order 01.01.2024.26 (Declaration of a State of Preparedness – Severe Weather Impact of Hurricane Debby) on Monday, August 5, 2024, due to the impending threat of severe weather across the State of Maryland; and
WHEREAS, Having been advised and informed by the Maryland Department of Emergency Management that the threat of severe weather no longer exists as of Saturday, August 10, 2024, and the related risks to Maryland residents have diminished;
NOW, THEREFORE, I, WES MOORE, GOVERNOR OF THE STATE OF MARYLAND, BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE CONSTITUTION AND LAWS OF MARYLAND, HEREBY PROCLAIM THAT THE STATE OF PREPAREDNESS IS TERMINATED AND I HEREBY RESCIND EXECUTIVE ORDER 01.02.2024.26, EFFECTIVE IMMEDIATELY:
GIVEN Under My Hand and the Great Seal of the State of Maryland, in the City of Annapolis, this 10th Day of August 2024.
WES MOORE
Governor
ATTEST:
SUSAN C. LEE
Secretary of State
[24-18-13]
Renewal of
Executive Order 01.01.2024.09 (Declaration of a State of Emergency)
WHEREAS, I, Wes Moore, Governor of the State of Maryland, issued Executive Order 01.01.2024.09 declaring a State of Emergency due to the significant infrastructure damage to the Francis Scott Key Bridge in Baltimore on March 26, 2024;
WHEREAS, The declaration of the State of Emergency was renewed on July19, 2024, by Executive Order 01.01.2024.24;
WHEREAS, Because of the on-going impact of this incident, emergency conditions continue to exist Statewide;
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, HEREBY DECLARE THAT THE STATE OF EMERGENCY CONTINUES TO EXIST IN THE STATE OF MARYLAND, THAT THE MARCH 26, 2024 DECLARATION IS RENEWED, AND FURTHER PROCLAIM THE FOLLOWING EXECUTIVE ORDER, EFFECTIVE IMMEDIATELY:
A. The Maryland Department of Emergency Management is hereby directed to continue to coordinate the State preparedness and response to impacts of this incident.
B. All other appropriate State authorities are hereby authorized to activate their emergency preparedness plans and engage, deploy, use, and coordinate available resources in furtherance of those plans.
C. The Maryland National Guard remains on regular duty.
GIVEN Under My Hand and the Great Seal of the State of Maryland, in Ocean City, this 16th Day of August, 2024.
WES MOORE
Governor
ATTEST:
SUSAN C. LEE
Secretary of State
[24-18-14]
Symbol Key
• Roman type
indicates text already existing at the time of the proposed action.
• Italic
type indicates new text added
at the time of proposed action.
• Single underline, italic indicates new text added at the time of final
action.
• Single
underline, roman indicates existing text added at the time of final action.
• [[Double
brackets]] indicate text deleted at the time of final action.
Title 08
DEPARTMENT OF NATURAL RESOURCES
Authority: Natural Resources Article, §§5-209, 5-215, and 8-704, Annotated Code of Maryland
Notice of Final Action
[24-060-F]
On August 14, 2024, the Secretary of Natural Resources adopted amendments to Regulation .03 under COMAR 08.08.05 Permits. This action, which was proposed for adoption in 51:13 Md. R. 649—650 (June 28, 2024), has been adopted as proposed.
Effective Date: September 16, 2024.
JOSH KURTZ
Secretary of Natural Resources
Title 10
MARYLAND DEPARTMENT OF HEALTH
Subtitle 09 MEDICAL CARE PROGRAMS
10.09.06 Adult Residential Substance Use Disorder Services
Authority: Health-General Article, §§2-104(b), 7.5-204(c), 7.5-205(d), and 15-105(b), Annotated Code of Maryland
Notice of Final Action
[23-303-F]
On August 26, 2024, the Secretary of Health adopted amendments to Regulation .09 under COMAR 10.09.06 Adult Residential Substance Use Disorder Services. This action, which was proposed for adoption in 51:1 Md. R. 36—37 (January 12, 2024), has been adopted as proposed.
Effective Date: September 16, 2024.
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 09 MEDICAL CARE PROGRAMS
10.09.10 Nursing Facility Services
Authority: Health-General Article, §§2-104(b), 15-103, 15-105, 19-14B-01, and 19-310.1, Annotated Code of Maryland
Notice of Final Action
[23-327-F]
On August 26, 2024, the Secretary of Health adopted amendments to Regulations .07 and .08 under COMAR 10.09.10 Nursing Facility Services. This action, which was proposed for adoption in 51:2 Md. R. 78—79 (January 26, 2024), has been adopted as proposed.
Effective Date: September 16, 2024.
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 09 MEDICAL CARE PROGRAMS
Authority: Health-General Article, §§2-104(b), 7.5-204, 7.5-205(d), 7.5-402, 8-204(c),15-103(a)(1), and 15-105(b), Annotated Code of Maryland
Notice of Final Action
[23-344-F]
On August 26, 2024, the Secretary of Health adopted amendments to Regulation .09 under COMAR 10.09.33 Health Homes. This action, which was proposed for adoption in 51:3 Md. R. 161—162 (February 9, 2024), has been adopted as proposed.
Effective Date: September 16, 2024.
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 09 MEDICAL CARE PROGRAMS
10.09.48 Targeted Case Management for People with Developmental Disabilities
Authority: Health-General Article, §§2-104(b), 15-103, and 15-105, Annotated Code of Maryland
Notice of Final Action
[23-340-F]
On August 26, 2024, the Secretary of Health adopted amendments to Regulations .08 under COMAR 10.09.48 Targeted Case Management for People with Developmental Disabilities. This action, which was proposed for adoption in 51:4 Md. R. 205—206 (February 23, 2024), has been adopted as proposed.
Effective Date: September 16, 2024.
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 09 MEDICAL CARE PROGRAMS
10.09.56 Home and Community-Based Services Waiver for Children with Autism Spectrum Disorder
Authority: Health-General Article, §§2-104(b), 15-103, 15-105, and 15-130, Annotated Code of Maryland
Notice of Final Action
[23-341-F]
On August 26, 2024, the Secretary of Health adopted amendments to Regulations .02, .04, .10, .14—.17, .19, .21, and .22 under COMAR 10.09.56 Home and Community-Based Services Waiver for Children with Autism Spectrum Disorder. This action, which was proposed for adoption in 51:4 Md. R. 207—209 (February 23, 2024), has been adopted as proposed.
Effective Date: September 16, 2024.
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 09 MEDICAL CARE PROGRAMS
10.09.89 1915(i) Intensive Behavioral Health Services for Children, Youth, and Families
Authority: Health-General Article, §§2-104(b) and 15-105, Annotated Code of Maryland
Notice of Final Action
[23-346-F]
On August 26, 2024, the Secretary of Health adopted amendments to Regulation .14 under COMAR 10.09.89 1915(i) Intensive Behavioral Health Services for Children, Youth, and Families. This action, which was proposed for adoption in 51:4 Md. R. 210—211 (February 23, 2024), has been adopted as proposed.
Effective Date: September 16, 2024.
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 11 MATERNAL AND CHILD HEALTH
10.11.08 Abortion Care
Disclosure
Authority: Health-General Article, §4–302.5, Annotated Code of
Maryland
Notice of Final Action
[23-237-F]
On August 26, 2024, the Secretary of Health adopted new Regulations .01—.06 under a new chapter, COMAR 10.11.08 Abortion Care Disclosure. This action, which was proposed for adoption in 51:1 Md. R. 39—41 (January 12, 2024), has been adopted with the nonsubstantive changes shown below.
Effective Date: September 16, 2024.
Attorney General’s Certification
In accordance with State Government Article, §10-113, Annotated Code of Maryland, the Attorney General certifies that the following changes do not differ substantively from the proposed text. The nature of the changes and the basis for this conclusion are as follows:
The changes could have been reasonably anticipated by interested parties, do not substantially change the intended benefits of the regulation, and do not increase the burdens of the regulations as proposed. The specific changes are as follows:
Regulation .03A: The International Classification of Diseases, Tenth Revision, Clinical Modification (ICD-10-CM) Codes for “continuing pregnancy after selective reduction of one fetus or more” has been updated to eliminate “O31.8X1-O31.8X9.” These codes pertain to other complications related to pregnancy and do not directly relate to abortion care or any “sensitive health services” as defined by the Department elsewhere.
.03 Abortion Care Codes.
A health information exchange and an electronic health network shall restrict the disclosure of the abortion care medical diagnosis codes and current procedural terminology (CPT) codes listed in the tables below.
A. List of Medical Diagnosis Codes.
|
International
Classification of Diseases, Tenth Revision, Clinical Modification (ICD-10-CM) Code |
Description |
|
O04—O04.89 — O07—O077.4 |
(proposed text unchanged) |
|
O31.3—[[O31.8X9]] O31.33X9 |
Continuing pregnancy after selective reduction of one fetus or more |
|
Z33.2 |
(proposed text unchanged) |
B. (proposed text unchanged)
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 46 BOARD OF OCCUPATIONAL THERAPY PRACTICE
Authority: Health Occupations Article, §§10-101 and 10-205, Annotated
Code of Maryland
Notice of Final Action
[23-318-F]
On August 27, 2024, the Secretary of Health adopted new Regulations .01—.04 under a new chapter, COMAR 10.46.09 Dry Needling. This action, which was proposed for adoption in 51:2 Md. R. 85—86 (January 26, 2024), has been adopted as proposed.
Effective Date: September 16, 2024.
LAURA HERRERA SCOTT
Secretary of Health
Title 20
PUBLIC SERVICE COMMISSION
Subtitle 50 SERVICE SUPPLIED BY ELECTRIC COMPANIES
Authority: Public Utilities Article, §§2-113, 2-121, 5-101, 5-303, and 7-213, Annotated Code of Maryland
Notice of Final Action
[24-071-F]
On August 21, 2024, the Public Service Commission adopted amendments to Regulation .03 under COMAR 20.50.01 General. This action, which was proposed for adoption in 51:13 Md. R. 655 (June 28, 2024), has been adopted as proposed.
Effective Date: September 16, 2024.
ANDREW S. JOHNSTON
Executive Secretary
Subtitle 50 SERVICE SUPPLIED BY ELECTRIC COMPANIES
Authority: Public Utilities Article, §§2-113, 2-121, 5-101, 5-303, and 7-306, Annotated Code of Maryland
Notice of Final Action
[24-072-F]
On August 21, 2024, the Public Service Commission adopted amendments to Regulations .04 and .05 under COMAR 20.50.10 Net Metering. This action, which was proposed for adoption in 51:13 Md. R. 655—656 (June 28, 2024), has been adopted as proposed.
Effective Date: September 16, 2024.
ANDREW S. JOHNSTON
Executive Secretary
Title 21
STATE PROCUREMENT REGULATIONS
Subtitle 11 SOCIOECONOMIC POLICIES
21.11.14 Veteran-Owned Small Business Enterprises
Authority: State Finance and Procurement Article, §§14-601—14-605;
Chs. 343 and 344, Acts of 2015; Chs. 708 and 709, Acts of 2017; Ch. 740, Acts
of 2018; Ch. 79, Acts of 2021
Notice of Final Action
[24-066-F]
On August 15, 2024, the Governor's Office of Small, Minority & Women's Business Affairs adopted amendments to Regulation .01 under COMAR 21.11.14 Veteran-Owned Small Business Enterprises. This action, which was proposed for adoption in 51:13 Md. R. 656 (June 28, 2024), has been adopted as proposed.
Effective Date: September 16, 2024.
DAVON GARDNER
Director of Policy & Legislative Affairs
Proposed Action on Regulations
Title 08
DEPARTMENT OF NATURAL RESOURCES
Authority: Natural Resources Article, §4-205, Annotated Code of Maryland
Notice of Proposed Action
[24-098-P]
The Secretary of Natural Resources proposes to amend Regulation .09
under COMAR 08.02.01 General.
Statement of Purpose
The purpose of this action is to establish a dividing line in Swan Creek for nontidal and tidal waters. Dividing lines delineate those areas in which nontidal fishing licenses or Chesapeake Bay and coastal sport fishing licenses are required and nontidal or tidal fishing regulations apply.
The Department recently discovered that Swan Creek in Harford County does not currently have a dividing line for nontidal and tidal waters. Generally, when a water body that connects to the Chesapeake Bay, as Swan Creek does, does not have a designated dividing line, the entire water body is considered tidal. In many cases this is true; however, it is not true for Swan Creek which extends northwest past Interstate 95. The Department typically uses a clearly observed structure to delineate the dividing line to make it easy for the public to know where a nontidal fishing license or a tidal fishing license is required. For Swan Creek, Old Post Road is the nearest bridge over the creek to where the waters of the creek cease being affected by the ebb and flow of the tide.
The proposed action establishes a dividing line on Swan Creek at the bridge located on Old Post Road. Waters upstream of Old Post Road will be designated as nontidal waters, while waters downstream of Old Post Road will be designated as tidal waters.
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed action may have an impact on the Department and anglers; however, the actual impact is indeterminable.
II. Types of Economic Impact.
|
Impacted Entity |
Revenue
(R+/R-) Expenditure
(E+/E-) |
Magnitude |
|
A. On issuing agency: |
|
|
|
(1) Nontidal angler's licenses |
(R+) |
Indeterminable |
|
(2) Chesapeake Bay and coastal sport fishing license |
(R-) |
Indeterminable |
|
B. On other State agencies: |
NONE |
|
|
C. On local governments: |
NONE |
|
|
|
|
|
|
|
Benefit
(+) Cost
(-) |
Magnitude |
|
D. On regulated industries or trade groups: |
|
|
|
Recreational anglers |
(+) |
Indeterminable |
|
E. On other industries or trade groups: |
NONE |
|
|
F. Direct and indirect effects on public: |
NONE |
|
III. Assumptions. (Identified by Impact Letter and Number from Section II.)
A(1). There could be an increase in nontidal angler's license sales since an individual will now need a nontidal license to fish above the dividing line. However, this action also provides additional fishing areas for individuals that already have a nontidal license. The actual magnitude is indeterminable.
A(2). There could be a decrease in Chesapeake Bay and coastal sport fishing license sales since an individual will now need a nontidal license to fish above the dividing line instead of the tidal license. The actual magnitude is indeterminable because it is unknown how many individuals will be affected by this action.
D. The proposed action could benefit some anglers and could be a cost for others. There are several different scenarios that could happen with the license type needed for fishing in this area. The impact would be different for each situation, and the magnitude of the impact cannot be determined since the Department cannot predict the actions of anglers. There are anglers who currently purchase a nontidal angler’s license that will not be affected economically but will have another area to fish. Some anglers traditionally had to buy a Chesapeake Bay and coastal sport fishing license to fish in the area. They will now have to purchase a nontidal angler’s license to fish upstream of the dividing line. The cost of a nontidal angler’s license is $20.50 per year. A Chesapeake Bay and coastal sport fishing license costs $15 per year. Some individuals will only need one license type, and others will need both license types. The magnitude of the impact is indeterminable because the Department does not know the number of individuals that fish in those areas and which license type they currently purchase.
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
Tidal/Nontidal Dividing Lines, Regulatory Staff, Maryland Department of Natural
Resources, 580 Taylor Avenue, E4, Annapolis, MD 21401, or call 410-260-8300, or
submit comments at https://dnr.maryland.gov/fisheries/pages/regulations/changes.aspx#tidal. Comments will be accepted through October 7,
2024. A public hearing has not been scheduled.
.09 Dividing Lines; Tidal and Nontidal Waters.
The following boundaries are designated as official dividing lines for tidal and nontidal waters. These boundary lines are for the purpose of delineating those areas in which nontidal fishing licenses or Chesapeake Bay and coastal sport fishing licenses are required and tidal or nontidal fishing regulations apply, and have no other legal significance.
A. Harford County.
(1)—(5) (text unchanged)
(6) Swan Creek: bridge on Old Post Road.
B.—M. (text unchanged)
JOSH KURTZ
Secretary of Natural
Resources
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, Annotated Code of Maryland
Notice of Proposed Action
[24-106-P-I]
The Health Services Cost Review Commission proposes to amend
Regulation .02 under COMAR 10.37.10 Uniform Accounting and Reporting
System for Hospitals and Related Institutions.
Statement of Purpose
The purpose of this action is to update the Commission’s manual entitled “Accounting and Budget Manual for Fiscal and Operation Management (August 1987),” which has been incorporated by reference.
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 William Hoff, Chief, Audit and Integrity, Health Services Cost Review Commission, 4160 Patterson Avenue, Baltimore, MD 21215, or call 410-764-2605, or email to william.hoff@maryand.gov. Comments will be accepted through October 7, 2024. A public hearing has not been scheduled.
Editor’s Note on Incorporation by Reference
Pursuant to State Government
Article, §7-207, Annotated Code of Maryland, the Accounting and Budget Manual
for Fiscal and Operating Management (August 1987), Supplement 29, has been
declared a document generally available to the public and appropriate for
incorporation by reference. For this reason, it will not be printed in the Maryland
Register or the Code of Maryland Regulations (COMAR). Copies of this document
are filed in special public depositories located throughout the State. A list
of these depositories was published in 51:1 Md. R. 8 (January 12, 2024), and is
available online at www.dsd.maryland.gov. The document may also be inspected at
the office of the Division of State Documents, 16 Francis Street, Annapolis,
Maryland 21401.
.02 Accounting System; Hospitals.
A. The Accounting
System.
(1) (text unchanged)
(2) The “Accounting
and Reporting System for Hospitals”, also known as the Accounting and Budget
Manual for Fiscal and Operating Management (August, 1987), is incorporated by
reference, including the following supplements:
(a)—(z) (text
unchanged)
(aa) Supplement 27 (October
12. 2022); [and]
(bb)
Supplement 28 (June 14, 2023[.]; and
(cc) Supplement 29
(June 14, 2024).
(3)—(5) (text unchanged)
B.—D. (text
unchanged)
JOSHUA SHARFSTEIN
Chairman
Health Services Cost Review Commission
Title 11
DEPARTMENT OF TRANSPORTATION
Subtitle 03 MARYLAND AVIATION ADMINISTRATION
11.03.01 Baltimore/Washington International Thurgood Marshall Airport
Authority: Transportation Article, §§5-204, 5-208, and 5-426, Annotated Code of Maryland
Notice of Proposed Action
[24-046-R]
The Maryland Aviation Administration proposes to amend Regulation .09 under COMAR
11.03.01 Baltimore/Washington International Thurgood Marshall Airport. This
action was considered by the Maryland Aviation Commission in an open meeting on
February 21, 2024, notice of which was given pursuant to General Provisions
Article, §3-302, Annotated Code of Maryland. Because substantive changes have been made to the original
proposal as published in 51:11 Md. R. 585 (May 31, 2024), this action is being
reproposed at this time.
Statement of Purpose
The purpose of this action is to establish a fee for replacing identification badges and a fee for employers who fail to retrieve identification badges from former employees and return them to the Maryland Aviation Administration. The action is being reproposed to reduce the first replacement fee from $50 to $25 and lower the fee for each successive replacement from $250 to $50.
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 Stacey Hicks-Johnson, Regulations
Coordinator, MAA, P.O. Box 8766, BWI Airport, MD 21240, or call 410-859-7351,
or email to shicks-johnson@bwiairport.com. Comments will be accepted through
October 7, 2024. A public hearing has not been scheduled.
Ed. Note: Pursuant to State Government Article, §10-113, Annotated
Code of Maryland, if a promulgating agency substantively alters the text of
regulations that have been previously proposed in the Maryland Register, the
altered text must be published in the Maryland Register as though it were
initially proposed. The text of regulations appearing immediately below has
been altered substantively from the initially proposed text. |
|
Symbols: Roman
type indicates existing text of regulations. Italic type indicates
initially proposed new text. Arial Bold
Italic type
indicates new text that substantively alters the text as initially proposed.
[Single brackets] indicate existing text proposed for repeal. [[[Triple
brackets]]] indicate text proposed for deletion which substantively alters
the originally proposed text. |
.09 Airport Security.
A.—C. (originally proposed text unchanged)
D. [Security] Identification Badge.
(1) An individual entering the air operations area at the Airport shall display an [authorized employee] identification badge or be properly escorted by an individual displaying an [authorized employee] identification badge issued by the Administration.
(2)—(3) (originally
proposed text unchanged)
(4) [If an
identification badge is lost or stolen, the employee] An individual shall
give prompt notice to the Airport Security Office if their identification
badge is lost or stolen. The
Administration may charge the individual a fee to replace an identification
badge. The fees are:
(a) First replacement — [[[$50]]] $25;
[[[(b) Second replacement — $100; and]]]
[[[(c)]]] (b) Each successive replacement — [[[$250]]]
$50.
(5)—(15) (originally proposed text unchanged)
RICKY D. SMITH, SR.
Executive Director
Maryland Aviation Administration
Title 13A
STATE BOARD OF EDUCATION
Subtitle 05 SPECIAL INSTRUCTIONAL PROGRAMS
13A.05.09 Programs for Homeless Children
Authority: Education Article, §§2-205 and 7-301, Annotated Code of Maryland
Notice of Proposed Action
[24-088-P]
The State Board of Education proposes to amend Regulations .01—.04
and .07 under COMAR 13A.05.09 Programs for Homeless Children.
This action was considered by the State Board of Education at their meeting on
April 30, 2024.
Statement of Purpose
The purpose of this action is to update and align regulations with the federal McKinney-Vento Act as amended by the Every Student Succeeds Act (ESSA).
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 Mary Gable, Assistant State Superintendent, Maryland State Department of Education, 200 West Baltimore Street, Baltimore, MD 21201, or call 410-767-0472, or email to doss.msde@maryland.gov. Comments will be accepted through October 7, 2024. A public hearing has not been scheduled.
Open Meeting
Final action on the proposal will be considered by the State Board of Education during a public meeting to be held on October 22, 2024, at 9 a.m., at 200 West Baltimore Street, Baltimore, MD 21201.
.01 Scope.
A. This chapter establishes minimum requirements to ensure that each child of a homeless individual and each homeless youth has equal access to the same free, appropriate public education, including a public preschool education, as provided to other children and youth consistent with Title VII, Subtitle B of the McKinney-Vento Homeless Assistance Act as amended by the [No Child Left Behind Act of 2001 (Public Law 107-10), Education for Homeless Children and Youth, Title X, Part C, Subtitle B] Every Student Succeeds Act of 2015 (Public Law 114-95), Title IX, Part A, Homeless Children and Youths.
B.—C. (text unchanged)
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1) (text unchanged)
[(2) Child Awaiting Foster Care Placement.
(a) “Child awaiting foster care placement” means:
(i) A child placed out of the child's home pursuant to a shelter care order by the Department of Social Services or the Department of Juvenile Services;
(ii) A child placed out of the child’s home pursuant to a voluntary placement agreement documented by the Department of Social Services; or
(iii) A child committed to or placed in the care and custody of the Department of Social Services or the Department of Juvenile Services, and who is placed into a temporary, short-term placement of not longer than 90 school days, such as in an emergency or shelter facility, a diagnostic center, a psychiatric respite facility, an emergency foster home, or another temporary, short-term placement not described in §B(2)(b) of this regulation.
(b) “Child awaiting foster care placement” does not include a child committed to or placed in the care and custody of the Department of Juvenile Services and who is placed into any of the following temporary, short-term placements:
(i) A detention facility;
(ii) A forestry camp;
(iii) A training school;
(iv) Any State owned and operated facility accommodating more than 25 youth; or
(v) Any other facility operated primarily for the purpose of
detaining youth who are determined to be delinquent and require secure custody
in a physically restrictive setting.]
[(3)] (2) (text unchanged)
[(4)] (3) Homeless Student.
(a) (text unchanged)
(b) “Homeless student” includes:
(i) Children and youth who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason, are living in motels, hotels, trailer parks, or camping grounds due to lack of alternative adequate accommodations, are living in emergency or transitional shelters, also referred to as transitional housing, or are abandoned in hospitals[, or are awaiting foster care placement];
(ii) (text unchanged)
(iii) Children and youth who are living in cars, parks, public
spaces, abandoned buildings, substandard housing, bus or train stations, or
similar settings; and
(iv) Migratory children, as defined in §6399 of Title 20, who
qualify as homeless for the purposes of the McKinney-Vento Act and this chapter
because the children are living in circumstances as described in [§B(4)(b)(i)—(iii)]
§B(3)(b)(i)—(iii) of this regulation[; and].
[(v) A child awaiting foster care placement.]
[(5)] (4) (text unchanged)
[(6)] (5) “McKinney-Vento Act” refers to the
Stewart B. McKinney-Vento Homeless Assistance Act, Subtitle B, [Amended
by the No Child Left Behind Act of 2001 (P.L. 107-10), Title X, Part C,
Subtitle B, Education for Homeless Children and Youth] as amended by
the Every Student Succeeds Act of 2015 (Public Law 114-95), Title IX, Part A,
Homeless Children and Youths.
[(7)] (6) (text unchanged)
[(8)] (7) School of Origin.
(a) “School of origin”
means the school that the child or youth attended[,] when
permanently housed or the school in which the child or youth was last enrolled,
including a preschool.
(b) “School of origin” includes the designated receiving school
at the next grade level for all feeder schools when the child or youth
completes the final grade level served by the school of origin.
[(9)] (8) (text unchanged)
.03 General Responsibilities.
A. Each local school system in Maryland shall:
(1) Develop, review, and revise policies to eliminate barriers to the identification enrollment, retention, and success in school of homeless [students in a manner which addresses] students, including barriers related to:
(a)—(d) (text unchanged)
(e) Uniform or dress code requirements; [and]
(f) Outstanding fees or fines;
(g) Issues related to absences; and
[(f)] (h) (text unchanged)
(2)—(4) (text unchanged)
(5) Designate a homeless education coordinator responsible for:
(a)—(c) (text unchanged)
(d) Identifying homeless children, youth, and families in the community through outreach and coordination activities with other entities and agencies;
(e) (text unchanged)
(f) Monitoring programs and projects to ensure their compliance with applicable statutory and regulatory requirements, if the local school system receives funds under the [McKinney] McKinney-Vento Act;
(g) (text unchanged)
(h) Disseminating public notice of the educational rights of homeless children and youth in the schools, community agencies, family shelters, soup kitchens, and organizations where children and youth receive services in a manner and form understandable to parents and guardians of homeless children and youth and unaccompanied youth;
(i)—(l) (text unchanged)
(m) Assisting unaccompanied homeless youth in the school selection
process; [and]
(n) Ensuring that enrollment disputes are mediated according to the
local school system's appeal process consistent with Regulation .07 of this
chapter[.]; and
(o) Ensuring homeless families and homeless children and youths
have access to and receive educational services for which such families,
children, and youths are eligible, including services through Head Start
programs (including Early Head Start programs) under the Head Start Act (42
U.S.C. §9831 et seq.), early intervention services under Part C of the
Individuals with Disabilities Education Act (20 U.S.C. §1431 et seq.), and
other preschool programs administered by the local school system.
B. The Department shall:
(1) [Collect and provide local school systems with monthly
information on the number of homeless students reported by shelters, to
validate the accuracy of information reported to the Department and correlate
information collected by local school systems;] Respond to inquiries
from parents and guardians of homeless children and youths, and from
unaccompanied youth, to ensure that each child or youth who is the subject of
such an inquiry receives the full protections and services provided by law;
(2)—(4) (text unchanged)
(5) Prepare and submit reports to the federal government in
accordance with the requirements of the McKinney-Vento Act; [and]
(6) Provide [the coordinators] technical assistance to
and conduct monitoring of [and other support necessary to assist]
local school systems in coordination with local school system coordinators
to ensure local school system [compliance.] compliance; and
(7) Provide professional development opportunities for local
school system personnel and coordinators to assist such personnel and
coordinators in identifying and meeting the needs of homeless children and
youth.
.04 School Placement.
A. The local [educational agency] school system serving each child or youth shall, according to the child's or youth's best interest, establish a procedure to:
(1)—(2) (text unchanged)
B. In determining the best interest of the child or youth under §A of this regulation, the local school system shall:
(1) [To the extent feasible, keep a homeless child or youth
in the school of origin, unless contrary to the wishes of the child's or
youth's parent or guardian] Presume that keeping the child or youth
in the school of origin is in the child’s or youth’s best interest, except when
doing so is contrary to the request of the parent, guardian, or unaccompanied
youth;
(2) Give priority to the request of the parent, guardian, or
unaccompanied youth;
[(2)] (3) [In determining best interest
consider] Consider the following student-centered factors:
(a)—(l) (text unchanged)
[(3)] (4) Provide a written explanation to the [homeless child's or youth's parent or guardian,] parent, guardian, or unaccompanied youth, in a manner and form understandable to the parent, guardian, or unaccompanied youth, including a statement regarding the right to appeal pursuant to Regulation .07 of this chapter if the local school system sends the child or youth to a school other than the school of origin or a school requested by the [parent or guardian] parent, guardian, or unaccompanied youth; and
[(4)] (5) In the case of an unaccompanied youth, ensure that the local school system homeless coordinator:
(a) (text unchanged)
(b) [Considers] Gives priority to the views of the unaccompanied youth; and
(c) (text unchanged)
C.—D. (text unchanged)
.07 Dispute Resolution.
A. Each local school system shall establish an expedited dispute resolution process to address disputes arising regarding services to homeless children under this chapter, including the following:
(1) (text unchanged)
(2) Parents, guardians, or an unaccompanied homeless youth shall be provided with a written explanation of the school's decision of the dispute, including the right to appeal, in a manner and form understandable to the parents, guardians, or unaccompanied youth;
(3)—(4) (text unchanged)
(5) If the local superintendent does not issue a decision within 10 days, or if the [parent] parent, guardian, or unaccompanied youth is dissatisfied with the decision, the parent, guardian, or unaccompanied youth may appeal the decision to the local board, in writing, within 30 days, pursuant to Education Article, §4-205(c), Annotated Code of Maryland;
(6) (text unchanged)
(7) If the parent, guardian, or unaccompanied homeless youth is dissatisfied with the decision of the local board, the parent, guardian, or unaccompanied youth may appeal the decision to the State board, in writing, within 30 days, pursuant to COMAR [13A.01.01.03] 13A.01.05.
B. During the dispute resolution process, including any appeals, the student shall remain enrolled in the school [system] in which enrollment is sought.
C. If a dispute arises over school selection or enrollment:
(1) The child or youth immediately shall be:
(a) [Admitted to] Enrolled in the school in which enrollment is sought, pending resolution of the dispute; and
(b) Provided transportation to the [parent-selected] school in which enrollment is sought for the duration of the dispute resolution process;
(2) The parent, guardian, or unaccompanied homeless youth shall be provided with a written explanation of the school's decision regarding school selection or enrollment, including the rights of the parent, guardian, or unaccompanied youth to appeal the decision, in a manner and form understandable to the parent, guardian, or unaccompanied youth;
(3) (text unchanged)
(4) In the case of an unaccompanied homeless youth, the homeless liaison shall ensure that the youth is immediately enrolled in the school in which the youth is seeking enrollment pending resolution of the dispute.
CAREY M. WRIGHT, Ed.D.
State Superintendent of Schools
Title 13B
MARYLAND HIGHER EDUCATION COMMISSION
Subtitle 02 ACADEMIC REGULATIONS
13B.02.03 Academic Programs—Degree-Granting Institutions
Authority: Education Article, Title 11, Subtitle 2, Annotated Code of Maryland
Notice of Proposed Action
[24-103-P]
The Maryland Higher Education Commission proposes to amend
Regulation .28 under COMAR 13B.02.03 Academic Programs —
Degree-Granting Institutions. This action was considered at an open meeting
of the Commission held on July 24, 2024.
Statement of Purpose
The purpose of this action is to modify the process of Commission review of decisions of the Secretary of Higher Education regarding academic program proposals. This action implements all review meeting related requirements contained in Ch. 963, Acts of 2024, namely that review meetings must:
(1) Be conducted in open session, including discussions and any formal action taken by the Commission;
(2) Allow each institution to have at least 10 minutes to present to the Commission, without interruption; and
(3) Require that any Commission decision resulting from the review meeting be approved by a majority of the members then serving on the Commission.
This action also makes additional changes to the review meeting process, including:
(1) Making alterations to the timeline of the review meeting process to allow easier scheduling, to get materials to Commissioners earlier, and to give the institutions equal time to submit written materials;
(2) Simplifying the meeting presentations by changing the role of the Secretary from presenting to providing necessary information, providing for all involved institutions to have equal speaking time of 15 minutes each, and removing “rebuttal” presentations;
(3) Requiring that the president of the institution present the institution’s position to the Commission, with assistance from the provost if desired;
(4) Requiring that presentations focus on the key points of the institution’s position as set forth in the written materials submitted and refer to the relevant COMAR provisions in making their arguments; and
(5) Adding decision-making procedures for the Commissioners to ensure clarity and transparency.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Emily A. A. Dow, Assistant Secretary for Academic Affairs, Maryland Higher Education Commission, 6 N. Liberty St., 10th Fl., Baltimore, MD 21201, or call 410-767-3041, or email to emily.dow@maryland.gov. Comments will be accepted through October 7, 2024. A public hearing has not been scheduled.
.28 Review by The Commission.
A. (text unchanged)
B. Prerequisites to Review.
(1) (text unchanged)
(2) Within 10 days of the issuance of the Secretary’s decision, a president seeking the Commission’s review of that decision shall send [a letter] notification to the Secretary [and the Commission chairperson notifying the Commission] of its request for a review, and the Secretary shall immediately transmit the notification to the Commission chairperson.
[(3) Within 30 days of the issuance of the Secretary’s decision, a president seeking review shall submit to the Secretary and the Commission chairperson its full rationale in support of its position, including any relevant supporting data.]
[(4)] (3) Unless the Commission finds that an exigent circumstance prevented a president from meeting the requirements of this section, the Commission may not accept a request for review of a decision of the Secretary on a program proposal if the requirements of this section are not met.
C. [Secretary and Staff Responsibility] Notification to Involved Institutions.
(1) Within [20] 3 business days of receipt of [notice of the] a request for review from a proposing institution, the Secretary [or Commission staff] shall [submit to the Commission chairperson its rationale in support of the decision, including any relevant supporting data] notify any objecting institutions.
(2) [A copy of the materials provided to the Commission shall be made available to any president seeking review] Within 3 business days of receipt of a request for review from an objecting institution, the Secretary shall notify the proposing institution and any other objecting institutions.
D. Scheduling of Review Meeting.
(1) The Commission chairperson shall schedule a meeting to review the decision of the Secretary [within 60 days of the issuance of the Secretary’s decision] no less than 6 weeks after the Secretary’s receipt of the request for review.
(2) [If the Commission chairperson determines that there is sufficient time for the Commission to review the materials submitted under §§B and C of this regulation prior to the next regularly scheduled meeting, the review shall occur at that meeting] The Commission chairperson may not schedule the meeting to review the decision more than 10 weeks after receipt of the request for review without the consent of the presidents of the proposing and objecting institutions.
(3) [If the next regularly scheduled Commission meeting is scheduled more than 60 days after the issuance of the Secretary’s decision or if the Commission chairperson determines that there is insufficient time for the Commission to review the materials prior to the next regularly scheduled Commission meeting, the Commission chairperson shall convene a special meeting at an appropriate time within the 60-day time period] If the Commission chairperson is unable to schedule the meeting to review the decision of the Secretary at a regularly scheduled Commission meeting within the time period specified in this section, the Commission chairperson shall convene a special meeting at an appropriate date and time within the time period.
(4) [With the consent of the Secretary and the president seeking review, the Commission chairperson may schedule the review meeting outside of the 60-day time period] The meeting may be held in person or virtually, at the discretion of the Commission chairperson.
E. Submission of Materials to Commission.
(1) Within 10 business days of the receipt of a request for
review, the Secretary shall compile and transmit to the Commissioners, the
president of the proposing institution, and the presidents of any objecting
institutions the following materials:
(a) The proposal;
(b) Any objections to the proposal;
(c) Any responses to any objections to the proposal;
(d) The Secretary’s decision letter;
(e) Any materials the Secretary received during the course of
negotiation with the involved institutions;
(f) Any other materials the Secretary reviewed in order to make
a determination regarding the proposal;
(g) A memorandum describing all attempts by the Secretary to
promote collaboration or arbitrate between the relevant institutions, including
any negotiation meetings with one or more of the involved institutions; and
(h) Any other materials the Secretary deems relevant to the
request for review.
(2) No less than 3 weeks prior to the scheduled meeting, the
president of the proposing institution and the presidents of any objecting
institutions shall submit to the Commission, in care of the Secretary, with
copies to all involved institutions, a memorandum containing a detailed
rationale for the institution’s position based on the relevant COMAR provisions
in this chapter. The memorandum may
reference any of the materials transmitted by the Secretary under §E(1) of this
regulation and may not include any additional materials.
(3) The chancellor of the University System of Maryland, the
president of the Maryland Independent College and University Association, or
the president of the Maryland Association of Community Colleges may provide
written comment regarding the review by submitting it to the Commission, in
care of the Secretary, with copies to all involved institutions, no less than 3
weeks prior to the scheduled meeting.
(4) All materials received by the Secretary under this section
shall immediately be forwarded to the Commissioners.
[E.] F. Conduct of the Review Meeting.
(1) The Commission chairperson, vice chair, or [the chairpersons’] designee shall preside over the meeting, which shall be held in open session.
(2) Each president shall have 15 minutes, without interruption,
to present to the Commissioners. The
president may delegate a portion of the presentation to the chief academic
officer. No other individuals may speak
on behalf of an institution without prior permission of the Commission
chairperson. Permission shall be requested no later than 2 weeks prior to the
scheduled review meeting by sending a request to the Commission chairperson, in
care of the Secretary. The Commission
chairperson shall approve or deny the request within 3 business days of
receipt.
[(2)] (3) Not later than [3 working days] 1 week before the [Commission] review meeting, the [Secretary and any] president [who wishes to make a presentation in support of or in opposition to the Secretary’s decision] of the proposing institution and the presidents of any objecting institutions shall inform the Commission chairperson, in care of the Secretary, of the name and title of each individual who will be speaking with or for them and any additional staff or individuals who will be present to answer questions from the Commissioners.
[(3)] (4) The presentations shall [include information, data, facts, and materials that clarify material contained in the original proposal or objection, and relate to the basis on which the program was approved or disapproved, or recommended or not recommended] focus on the key points of the institution’s rationale for their position, based on the relevant COMAR provisions, and clarification or rebuttal of any of the materials submitted by the Secretary, an institution, or a segment leader.
[(4) The Secretary or president may provide the Commission with a written summary of the presentation and relevant documents.]
(5) The Commission chairperson, vice-chair, or Commissioner
presiding over the meeting shall determine the appropriate order of the
presentations and notify the Secretary no later than 3 business days before the
review meeting. The Secretary shall
immediately transmit the presentation order to the presidents of the involved
institutions.
(6) If a quorum cannot be established prior to the start of the
review meeting, the review meeting shall be postponed to the next regular
meeting of the Commission.
[(5)] (7) [Any] Upon
recognition by the Commission chairperson, vice-chair, or Commissioner
presiding over the meeting, after each presentation, Commission [member]
members may ask questions [during the presentations] of
the Secretary or Commission staff, or any representative of an institution that
has already presented. All
institutional representatives must be recognized by the chairperson,
vice-chair, or Commissioner presiding over the meeting prior to speaking.
[(6) If the number or length of the questions unreasonably consumes the time allotted in §§F and G of this regulation for any presentation, the Commission chairperson may grant a request for additional time if the chairperson deems it appropriate or necessary.]
[F. Conduct of the Meeting When a Proposing Institution Has Sought Review.
(1) When a President of a proposing institution has requested the review of the Secretary’s disapproval or non-recommendation of a program, the presentations shall follow the order and the time limits set forth in this section.
(2) The Secretary shall make the first presentation and explain the Secretary’s decision, including relevant supporting data. The Secretary may make the presentation alone or in combination with one or more others as determined by the Secretary.
(3) The president of the proposing institution shall explain the institution’s objections to the decision, including relevant supporting data. The president may make the presentation alone or in combination with one or more others as determined by the president.
(4) The Secretary and designees as determined by the Secretary may respond to the institution’s presentation.
(5) The president and designees as determined by the president may respond to the Secretary’s presentations.
(6) The Secretary shall have a total of 30 minutes for the Secretary’s presentation, and may divide the time between the initial and responsive presentations as the Secretary deems appropriate.
(7) The president shall have a total of 30 minutes for the proposing institution’s presentation, and may divide the time between the initial and responsive presentations as the president deems appropriate.
(8) The president of a proposing institution may select a chief executive officer of a segment as one of the presenter’s during the president’s 30 minute presentation.
(9) Presentation by Objecting Institution.
(a) Subject to the requirements of §E(2) of this regulation, a president of an institution that objected to the proposed program prior to the Secretary’s decision within the time frames established by this chapter may make a presentation to the Commission.
(b) The presentation shall be limited to 10 minutes, and shall be made after the proposing institution’s second presentation.
(c) The presentation shall be made by one or more individuals designated by the president, and may include the president and a chief executive officer of a segment.
(d) If more than one objecting institution is eligible to make a presentation, the Commission chairperson shall determine the order of the presentations and whether it would be helpful to the Commission to allow more than 10 minutes for all of the presentations.
G. Conduct of Meeting When an Objecting Institution Has Sought Review.
(1) When a president of an objecting institution has requested the review of the Secretary’s approval or recommendation of a program, the presentations shall follow the order and the time limits set forth in this section.
(2) The Secretary shall make the first presentation and explain the Secretary’s decision, including relevant supporting data. The Secretary may make the presentation alone or in combination with one or more others as determined by the Secretary.
(3) The president of the objecting institution shall explain the institution’s objections to the decision, including relevant supporting data. The president may make the presentation alone or in combination with one or more others as determined by the president.
(4) The Secretary and designees as determined by the Secretary may respond to the institution’s presentation.
(5) The president and designees as determined by the president may respond to the Secretary’s presentations.
(6) The Secretary shall have a total of 30 minutes for the Secretary’s presentation, and may divide the time between the initial and responsive presentations as the Secretary deems appropriate.
(7) The president shall have a total of 30 minutes for the presentation, and may divide the time between the initial and responsive presentations as the president deems appropriate.
(8) The president of an objecting institution may select a chief executive officer of a segment as one of the presenters during the president’s 30 minute presentation.
(9) When there is more than one objecting institution, the Commission chairperson shall decide the order of the presentations and whether it would be helpful to the Commission to allow more than 30 minutes for all of the presentations.
(10) Presentation by Proposing Institution.
(a) Subject to the requirements of §E(2) of this regulation, the president of the proposing institution may make a presentation to the Commission.
(b) The presentation shall be limited to 10 minutes, and shall be made after each objecting institution’s second presentation.
(c) The presentation shall be made by one or more individuals designated by the president, and may include the president and a chief executive officer of a segment.
H. Conduct of Meeting When Both the Proposing and an Objecting Institution Have Sought Review.
(1) If the Secretary disapproves or does not recommend a program and both the proposing and an objecting institution seek review, and objecting institution that has complied with the provisions of §§B and E(2)of this regulation may follow the procedures for the proposing institution set forth in §F of this regulation.
(2) The objecting institution’s presentations shall follow the proposing institution’s first and second presentations as set forth in §F(3) and (5) of this regulation.
(3) If more than one objecting institution has sought review, the Commission chairperson shall determine the order of the presentations.]
[I.] G. Commission’s Decision.
[(1) The Commission shall follow the procedures in this section in making its decision.
(2) Upon completion of the presentations, the Commission may
adjourn to executive session as allowed by law to discuss the presentations and
any relevant documentation submitted by the presenters.]
[(3)] (1) The Commission shall render a decision that is consistent with the requirements of this chapter and any other applicable State and federal law.
(2) Upon completion of the presentations, the Commission shall
discuss the presentations and materials.
All discussions and deliberations shall occur in open session.
(3) After all Commissioners have been heard, the chairperson,
vice-chair, or Commissioner presiding over the meeting shall, in open session,
introduce a motion to:
(a) Approve or recommend for implementation the proposed
program, as submitted;
(b) Approve or recommend for implementation the proposed
program, with conditions; or
(c) Deny or not recommend for implementation the proposed
program.
(4) In order to pass, any motion shall be approved by a majority
of the members then serving on the Commission.
(5) After the motion has been seconded, a roll call vote on the
motion shall be held in open session.
(6) If the motion does not pass, any Commissioner may introduce
a different motion and, if the motion is seconded, the chairperson, vice-chair,
or Commissioner presiding over the meeting shall hold a roll call vote on that
motion in open session.
(7) If no motion is introduced that is approved by a majority of
the members then serving on the Commission, the decision of the Secretary shall
stand.
[(4)] (8) [After consideration, but not] Not later than [10 working] 5 business days after the review meeting, the [Commission] Secretary shall send a [final written decision to the president with a copy] letter to all presenting institutions, [segments, and the Secretary] documenting the outcome of the review meeting, including any conditions that may have been approved by the Commission.
[(5)] (9) The decision of the Commission, or, if the Commission was not able to come to a decision, the decision of the Secretary, is final, and is not subject to reconsideration by the Commission or review by any administrative or judicial body.
SANJAY RAI, Ph.D.
Secretary of Higher Education
13B.08.21 Maryland Community
College Promise [Scholarships] Scholarship Program
Authority: Education Article, [§§11-105(u) and 18-204(c) and Subtitle 36, Title 18,] §§11-105 and 18-204 and Title 18, Subtitle 36, Annotated Code of Maryland
Notice of Proposed Action
[24-102-P]
The Maryland Higher Education Commission proposes to repeal existing
Regulations .01—.22 and adopt new Regulations .01—.09 under COMAR
13B.08.21 Maryland Community College Promise Scholarship Program. This
action was considered at an open meeting of the Commission held on July 24,
2024.
Statement of Purpose
The purpose of this action is to replace the existing Promise Scholarship Program regulations with new regulations reflecting the requirements of Ch. 634, Acts of 2023, and other amendments to Education Article, Title 18, Subtitle 36, Annotated Code of Maryland, made in 2020, 2021, and 2024. The new regulations reflect the legislature's decentralization of the program, wherein the Maryland Higher Education Commission, rather than making scholarship awards directly to students, allocates funds to the State's 16 community colleges, who are now responsible for making awards to students.
The new regulations:
(1) Delineate the division of responsibilities between the Commission and the community colleges in administration of the scholarship;
(2) Clarify student eligibility requirements, including the types of programs or courses in which students may be enrolled;
(3) Differentiate between eligibility requirements for students in credit-bearing programs and courses and students in noncredit programs and registered apprenticeships;
(4) As required by the authorizing legislation, set forth income eligibility verification procedures for community colleges;
(5) Set forth procedures for the Commission to annually allocate funds to each community college; and
(6) Include reporting, reconciliation, and audit requirements.
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 Geoff Newman, Assistant Secretary of Higher Education, Maryland Higher Education Commission, 6 N. Liberty St., 10th Fl., Baltimore, MD 20201, or call 410-767-3049, or email to geoff.newman@maryland.gov. Comments will be accepted through October 7, 2024. A public hearing has not been scheduled.
.01 Purpose.
A. The purpose of the Maryland Community College Promise
Scholarship Program is to provide tuition assistance to students enrolling
part-time or full-time in a community college who are seeking:
(1) An associate’s degree;
(2) A lower division certificate;
(3) A noncredit vocational certificate or completion of a
noncredit vocational program;
(4) Completion of a sequence of credit or noncredit courses
leading to licensure or certification; or
(5) Completion of a Registered Apprenticeship in the State.
B. The purpose of these regulations is to set forth policies and
procedures for the administration of the Maryland Community College Promise
Scholarship Program under Education Article, Title 18, Subtitle 36, Annotated
Code of Maryland.
.02 Definitions.
A. In this chapter, the following terms have the meanings
indicated.
B. Terms Defined.
(1) “Annual adjusted gross income” means the total of the
combined adjusted gross income, as reported on the federal or State income tax
return for the most recent tax year, of:
(a) The applicant, if the applicant is independent;
(b) The applicant and the applicant’s parents, if the applicant
is a dependent; or
(c) The applicant and the applicant’s spouse, if the applicant
is married.
(2) “Commission” means the Maryland Higher Education Commission.
(3) “County” means a county of the State or Baltimore City.
(4) Extenuating Circumstances.
(a) “Extenuating circumstances” mean a documented, extraordinary
event or condition that prevents a recipient from fulfilling a Scholarship
requirement.
(b) “Extenuating circumstances” includes, but is not limited to,
the following events or conditions, to the extent that the event or condition
prevents the recipient from fulfilling a Scholarship requirement:
(i) Disability;
(ii) Serious illness of the student;
(iii) Pregnancy or adoption;
(iv) Extreme financial hardship of the student or student’s
immediate family;
(v) Fulfillment of military service; or
(vi) Serious illness or death of an immediate family member.
(5) “FAFSA” means the Free Application for Federal Student Aid.
(6) “Federal verification” means the process prescribed by the
U.S. Department of Education to verify that information provided on the FAFSA
is accurate.
(7) “GPA” means cumulative grade point average.
(8) “Institutional Student Information Report” or “ISIR” means
an electronic record produced by the Central Processing System of the U.S.
Department of Education that provides institutions with processed application
and correction information.
(9) “MDCAPS” means the Maryland College Aid Processing System
maintained by the Commission.
(10) “Most recent tax year” means the tax year 2 years prior to
the beginning of the State fiscal year in which the award will be made.
(11) “Non-loan aid” means any student financial aid scholarships
or grants applied to the student’s tuition and fee charges, excluding Title IV
federal work-study.
(12) “Registered apprenticeship” means an apprenticeship program
meeting the standards of and registered with the Maryland Department of Labor.
(13) “Satisfactory academic progress” means the academic
standards established by the community college to determine whether a student
may continue to receive student financial aid.
(14) “Tuition” has the meaning stated in Education Article,
§18-3601, Annotated Code of Maryland.
.03 Program Administration.
A. The Scholarship Program shall be jointly administered by the
Commission and each community college in the State.
B. Responsibilities of Commission. The Commission shall:
(1) Annually allocate funding for the Scholarship Program to
each community college in the State in accordance with Education Article, Title
18, Subtitle 36, Annotated Code of Maryland, and this chapter;
(2) Identify students who are potentially eligible for the
Scholarship based on information from the FAFSA or MHEC OneApp and provide a
list of potentially eligible students to the community colleges through MDCAPS;
(3) Review audit reports to ensure that each community college
has verified eligibility and awarded funds as set forth in Education Article,
Title 18, Subtitle 36, Annotated Code of Maryland, and this chapter;
(4) Collect payments from community colleges that have made
awards in error and transfer the collected funds to the Need-based Student
Financial Assistance Fund under Education Article, §18-107, Annotated Code of
Maryland;
(5) Annually reconcile allocated funds, collect unused funds
from community colleges, and transfer the collected funds to the Need-based
Student Financial Assistance Fund under Education Article, §18-107, Annotated
Code of Maryland;
(6) Publicize the Scholarship Program throughout Maryland,
including, but not limited to, posting information about the Scholarship on the
Commission website and providing information to high school counselors; and
(7) Annually report information regarding the Scholarship to the
General Assembly as set forth in Education Article, Title 18, Subtitle 36,
Annotated Code of Maryland.
C. Responsibilities of Community Colleges. Each community
college in the State shall:
(1) Publicize the Scholarship Program in a readily accessible
location on the community college’s website;
(2) Create, prominently post, and provide to initial and renewal
applicants a clear and easily understandable step-by-step application process,
including all required forms and documentation;
(3) Verify eligibility of initial applicants as set forth in Education
Article, §18-3603(b)—(c), Annotated Code of Maryland,
and this chapter;
(4) Select and award eligible initial applicants using the
priority criteria in Education Article, §18-3604(b), Annotated Code of Maryland;
(5) Maintain a wait list of eligible initial applicants that are
not offered an award;
(6) Verify eligibility of renewal applicants under the criteria
in Education Article, §18-3604(c) and award eligible renewal applicants;
(7) Timely notify initial and renewal applicants of their award
status in writing;
(8) Calculate award amounts as set forth in Education Article,
§18-3604(a)—(b), Annotated Code of Maryland, and disburse awards to student
accounts from the community college’s allocated funds;
(9) Work with the Commission to annually reconcile the allocated
funds;
(10) Return to the Commission any unused funds and any funds for
awards that were erroneously awarded;
(11) Maintain student records received or created for the
Scholarship for a period of at least 5 years after the student’s final award
date;
(12) Make all financial books, records, and documents pertaining
to the Scholarship Program available for inspection by the Commission, or an
authorized representative of the Commission, at any time;
(13) Annually obtain and submit to the Commission an independent
audit of the community college’s administration of the Program in accordance
with this chapter; and
(14) Provide reports and information to the Commission as set
forth in this chapter and at the request of the Commission.
.04 Student Eligibility for Initial Applications.
A. To be eligible for the Scholarship, an applicant shall be
enrolled in or plan to enroll at the community college serving the county in
which the applicant lives or a community college in the State that has an
on-campus residential facility for students.
B. Applicants Enrolling in Credit-Bearing Courses or Programs.
An applicant enrolling in credit-bearing courses is eligible for a Scholarship
if the applicant:
(1) Is eligible for in-State tuition, as determined by the
community college in accordance with Education Article, Title 15, Annotated
Code of Maryland;
(2) Has graduated from a high school or successfully completed a
GED in the State;
(3) Has not previously earned an associate’s or bachelor’s
degree;
(4) Is enrolled in or plans to enroll in a community college in:
(a) An associate’s degree program;
(b) A lower division certificate program; or
(c) A sequence of credit-bearing courses that leads to licensure
or certification in a particular occupation;
(5) If the applicant graduated from high school in the State
less than 5 years before the date of application and is not currently enrolled
in a community college in the State, or if the applicant will graduate from a
high school in the State prior to enrolling in the community college, earned an
unweighted high school GPA of at least 2.3 on a 4.0 scale or its equivalent;
(6) If the applicant has already enrolled in a community college
in the State, earned a GPA of at least 2.5 on a 4.0 scale;
(7) If enrolled or enrolling in an associate’s degree program or
a lower division certification program, enrolls in at least 6 credits per
semester at the community college while receiving the Scholarship;
(8) If required by the institution, timely submits an
institutional application form and supporting documentation;
(9) If eligible to submit a FAFSA, timely submits a FAFSA and
any other applications for State or federal non-loan aid for which the
applicant may qualify;
(10) If ineligible to submit a FAFSA, timely submits the MHEC
OneApp;
(11) For the most recent tax year, had an annual adjusted gross
income of not more than:
(a) $100,000 if the applicant is single or resides in a
single-parent household; or
(b) $150,000 if the applicant is married or resides in a
two-parent household; and
(12) Has not been awarded other non-loan aid that, in total,
covers the applicant’s full cost of attendance at the community college.
C. Applicants Enrolling in Noncredit Courses or Participating in
Registered Apprenticeships. An applicant enrolling in noncredit courses or
courses required to complete a Registered Apprenticeship in the State is
eligible for a Scholarship if the applicant:
(1) Is eligible for in-State tuition, as determined by the
community college in accordance with Education Article, Title 15, Annotated
Code of Maryland;
(2) If required by the program in which the student plans to
enroll, has graduated from a high school or successfully completed a GED in the
State;
(3) Has not previously earned an associate’s or bachelor’s
degree;
(4) Plans to enroll in a community college in:
(a) A noncredit vocational certificate program;
(b) A sequence of noncredit courses that leads to licensure or
certification in a particular occupation; or
(c) Credit or noncredit courses required for the completion of a
Registered Apprenticeship in the State.
(5) If required by the community college, submits an
institutional application form and supporting documentation;
(6) If enrolling in a noncredit program for which a federal Pell
Grant may be used and is eligible to submit a FAFSA, timely submits a FAFSA;
(7) For the most recent tax year, had an annual adjusted gross
income of not more than:
(a) $100,000 if the applicant is single or resides in a
single-parent household; or
(b) $150,000 if the applicant is married or resides in a
two-parent household; and
(8) Has not been awarded other non-loan aid that, in total,
covers the applicant’s full cost of attendance at the community college.
.05 Student Eligibility for Renewal Applications.
A. Subject to the State budget and a community college’s annual
allocation for the Scholarship Program, an applicant shall be eligible to renew
a Scholarship for a subsequent year if the applicant:
(1) If required by the community college, completes any
institutional application form and supporting documentation;
(2) Timely submits a FAFSA or MHEC OneApp, as applicable, and
any other applications for State and federal non-loan aid, if the applicant was
required to submit them with their initial application;
(3) Continues to meet the income requirements for the
Scholarship Program under Education Article, §18-3603, Annotated Code of
Maryland, and this chapter;
(4) If applicable under Regulation .04 of this chapter,
continues to enroll and complete at least 6 credits per semester;
(5) If enrolled in credit-bearing courses, maintains a
cumulative grade point average of at least 2.5 on a 4.0 scale or its equivalent
for the award period, unless, upon submission of satisfactory evidence, the
community college finds that extenuating circumstances, as defined in this
chapter, exist;
(6) Makes satisfactory progress, as determined by the community
college, toward the student’s eligible program of study under Regulation .04 of
this chapter; and
(7) Continues to be eligible for in-State tuition.
B. A recipient may receive a Scholarship only for the shorter
of:
(1) A total of 3 years, unless the community college, upon
submission of satisfactory evidence, finds that extenuating circumstances, as
defined in this chapter, exist that justify an interruption of study and
prevent the recipient from continuous enrollment; or
(2) The date that the individual is awarded an associate degree.
.06 Verification of Eligibility.
A. A community college shall verify the eligibility of each
applicant for a Scholarship in accordance with Education Article, §§18-3603 and
18-3603.1, Annotated Code of Maryland, and Regulations .04 and .05 of this
chapter.
B. Income eligibility of applications shall be verified as
described in this regulation.
C. Applicants Eligible for Federal Aid.
(1) A community college shall verify the income eligibility of
an applicant federally selected for verification under the standards set by the
U.S. Department of Education.
(2) The Commission will identify all Scholarship recipients who
are federally selected for verification under the V1 and V5 verification groups
and transmit the information to the community colleges on a roster through
MDCAPS.
(3) The federal verification performed by the community for a
student who has filed a federal tax return shall include verification of:
(a) Adjusted gross income;
(b) Federal income tax paid;
(c) Untaxed portions of IRA distributions;
(d) Untaxed portions of pensions;
(e) IRA deductions and payments;
(f) Tax-exempt interest income;
(g) Education credits;
(h) Number of household members;
(i) Number of household members enrolled in an institution of
higher education; and
(j) Transaction number of the Institutional Student Information
Report used.
(4) The federal verification performed by the community college
for a student who has not filed a federal income tax return, but who has filed
a FAFSA, shall include verification of:
(a) Income earned from work;
(b) Number of household members; and
(c) Number of household members enrolled in an institution of
higher education.
(5) The community colleges shall promptly update recipient
records in MDCAPS using information verified under this section.
D. Applicants Ineligible for Federal Aid.
(1) A community college shall select and verify the adjusted
gross income levels and demonstrated need of a representative sample of
applicants who:
(a) Are ineligible to receive federal aid;
(b) Submitted the MHEC OneApp; and
(c) Filed a State or federal tax return for the appropriate
year.
(2) For an applicant selected by the community college for
verification under §D(1) of this regulation, the community college shall verify
the following:
(a) Adjusted gross income;
(b) Income tax paid;
(c) Untaxed portions of IRA distributions;
(d) IRA deductions and payments;
(e) Tax-exempt interest income;
(f) Education credits;
(g) Number of household members; and
(h) Number of household members enrolled in an institution of
higher education.
.07 Institutional Allocation.
A. At the beginning of each State fiscal year, and no later than
August 15, the Commission shall notify each community college of the total
dollar amount of funds allocated to the institution for initial and renewal
awards.
B. The Commission shall annually allocate the funds appropriated
for the Scholarship Program in the State budget based on a community college’s
pro rata share of the total number of students who attended community colleges
in the State who were eligible for the federal Pell Grant during the State
fiscal year 2 years prior to the fiscal year in which the funds are being
allocated.
C. Except as set forth in §E of this regulation, on a date
established by the Commission, each community college shall be initially
disbursed half of the amount of the annual allocation.
D. Except as set forth in §E of this regulation, the amount of
total funds remaining after the initial disbursement shall be disbursed as
follows.
(1) A community college that has awarded at least 66 percent of
their initial disbursement by December 31 shall receive the remaining half of
the amount calculated under §B of this regulation in a second disbursement on a
date established by the Commission.
(2) A community college that has awarded 95 percent of their
initial disbursement prior to December 31 shall notify the Commission and the
Commission may, at its discretion, provide the second disbursement to the
community college at an earlier date.
(3) If a community college has awarded less than 66 percent of
their initial disbursement by December 31, the community college shall consult
with the Commission. If the community college determines, after consultation
with the Commission, that the community college is unlikely to need the
entirety of the remaining 50 percent of the amount calculated under §B of this
regulation, the community college may authorize the Commission to retain all or
part of the remaining 50 percent of their annual allocation for reallocation to
community colleges that have awarded a higher percent of their initial
disbursement.
(4) The Commission shall calculate the reallocation of the funds
retained under §D(3) of this regulation to community colleges based on a
community college’s pro rata share of the amount of funds from the initial
disbursement awarded to students by each community college by December 31.
(5) The Commission shall notify the community colleges of the
amount of any reallocated funds they will receive no later than January 21.
E. If all 16 community colleges in the State enter into an
agreement with the Commission to receive disbursements from their total
allocation via an alternate method set forth in the agreement, the Commission
shall substitute the disbursement procedures in §§C and D of this regulation
with those in the agreement.
.08 Reconciliation, Audit, and Return of Funds.
A. The Commission and the community colleges shall annually
reconcile the allocated funds in a form and manner prescribed by the
Commission.
B. All Scholarship Program funds that were not awarded by a
community college by the end of the State fiscal year shall be returned to the
Commission by a date established by the Commission.
C. A community college shall annually provide to the Commission
by June 1 an independent audit of their administration of the Scholarship
Program during the prior State fiscal year.
D. The audit:
(1) Shall be conducted in accordance with the standards of the
American Institute of Certified Public Accountants and in compliance with
generally accepted auditing standards;
(2) Shall determine whether and to what extent the institution
has complied with the statutory and regulatory requirements of the Scholarship
Program;
(3) Shall assess:
(a) Accuracy of award eligibility determination performed by the
institution for both initial and renewal awards;
(b) Compliance with federal regulations and guidelines relating
to income verification;
(c) Adequacy of reporting by the institution to the Commission
in the ISIR; and
(d) Accuracy of award amount calculations and disbursements to
student accounts; and
(4) Shall include a management letter from the auditor to the
institution containing a list of all material weaknesses in the institution’s
system of internal controls and the institution’s response to each item set
forth in the management letter.
E. An institution’s independent auditor may include results of
multiple State financial assistance program audits in one report.
F. If the Commission finds, through the audit or another method,
that the community college made an award to an ineligible student or the award
amount was calculated incorrectly, the community college shall remit the amount
of that award to the Commission, and may not require repayment of the amount
from the student or from any third party on behalf of the student.
G. If a community college does not timely return or remit funds
as required by this regulation or fails to comply with an auditor’s
recommendations prior to the next audit, the Commission may:
(1) Delay a subsequent year’s disbursement until the unreturned
or unremitted funds have been paid to the Commission; or
(2) Suspend participation by the institution in the Scholarship
Program until the funds have been remitted or the institution has come into
compliance, as applicable.
.09 Reporting.
A. Each community college shall annually submit the following
information to the Commission by the date identified.
B. No later than December 15, a community college shall submit a
completed Promise Certification and Repayment Roster form provided by the
Commission that identifies all awardees who received awards for the fall
semester.
C. No later than June 15, a community college shall submit a
completed Promise Certification and Repayment Roster form provided by the
Commission that identifies all awardees who received awards for the spring
semester.
D. By October 15, a community college shall submit a final,
end-of-year report that identifies all awardees who received awards during the
prior State fiscal year.
SANJAY RAI, Ph.D.
Secretary of Higher Education
Title 20
PUBLIC SERVICE COMMISSION
Notice of Proposed Action
[24-093-P]
The Public Service Commission proposes to:
(1) Amend Regulations .01—.05 and adopt new Regulations .06—.09 under COMAR 20.06.01 General; and
(2) Adopt new Regulations .01—.06 under a new chapter, COMAR 20.06.02 Compliance.
This action was considered by the Public Service Commission at a
scheduled rulemaking (RM 76) meeting held on June 11, 2024, notice of which was
given under General Provisions Article, §3-302(c), Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to:
(1) Establish the scope of the cybersecurity regulations, the public service companies impacted, the cybersecurity devices impacted, and the applicable industry standards referenced in the proposed regulations (COMAR 20.06.01.01);
(2) Set common definitions used in the proposed regulations (COMAR 20.06.01.02);
(3) Establish items that shall be addressed in public service company cybersecurity plans and cybersecurity standards applicable to public service company cybersecurity devices (COMAR 20.06.01.03);
(4) Set requirements for periodic confidential cybersecurity briefings by public service companies with the Commission (COMAR 20.06.01.04);
(5) Establish requirements for public service companies to notify appropriate entities of a cybersecurity incident (COMAR 20.06.01.05);
(6) Implement a zero-trust cybersecurity approach that is focused on cybersecurity resource protection and is based on the premise that trust is never granted implicitly but must be continually evaluated, among other things (COMAR 20.06.01.06);
(7) Set requirements for public service companies to engage a third party to assess their cybersecurity devices and supply chain risk (COMAR 20.06.01.07);
(8) Require public service companies to provide timely notification to the Commission of their primary and secondary cybersecurity contacts (COMAR 20.06.01.08);
(9) Set requirements for public utility responses to specific information requests from the Commission on information reasonably related to cybersecurity (COMAR 20.06.01.09);
(10) Establish requirements associated with Notices of Probable Violation of the regulations described in Chapter 01 (COMAR 20.06.02.01);
(11) Establish requirements for public service companies to execute a consent order jointly with the Commission for a violation of the regulations described in Chapter 01 (COMAR 20.06.02.02);
(12) Establish requirements for issuing civil penalties to public service companies for a violation of the regulations described in Chapter 01 (COMAR 20.06.02.03);
(13) Establish requirements for filing proposed consent orders and proposed civil penalties with the Commission for a final determination (COMAR 20.06.02.04);
(14) Establish conditions under which the Commission may issue a stay of enforcement for a violation of the regulations described in Chapter 01 (COMAR 20.06.02.05); and
(15) Establish confidentiality requirements associated with the regulations in this subtitle (COMAR 20.06.02.06).
Estimate of Economic Impact
I. Summary of Economic Impact. All Maryland residents and businesses that are utility ratepayers for electric, gas, or private water utility services will benefit from increased safety, reliability, and personal identification information (PII) protections from the utility implementation of additional cybersecurity protections under chapter 01. All Maryland residents and businesses that are utility ratepayers for electric, gas, or private water utility services will incur minimal rate increases related to the utility implementation of additional cybersecurity protections under Chapter 01.
Chapter 02 regulations are associated with compliance and enforcement of Subtitle 06 Cybersecurity, Chapter 01 General, for regulated entities only. Therefore, while Chapter 01 does have an impact on Maryland residents and businesses, these compliance regulations only impact regulated electric, gas, or private water utility companies.
II. Types of Economic Impact.
|
Impacted Entity |
Revenue
(R+/R-) Expenditure
(E+/E-) |
Magnitude |
|
A. On issuing agency: |
|
|
|
Public Service Commission |
(E+) |
$500,000 |
|
B. On other State agencies: |
|
|
|
Maryland Office of People’s Counsel and the Maryland Department of Information Technology |
(E+) |
Unquantifiable |
|
C. On local governments: |
|
|
|
Local municipal public service companies |
(E+) |
Unquantifiable |
|
|
|
|
|
|
Benefit
(+) Cost
(-) |
Magnitude |
|
D. On regulated industries or trade groups: |
|
|
|
Maryland electric, gas, and private water public service companies |
(-) |
Unquantifiable |
|
E. On other industries or trade groups: |
NONE |
|
|
F. Direct and indirect effects on public: |
|
|
|
Customers of public service companies |
(-) |
Unquantifiable |
III. Assumptions. (Identified by Impact Letter and Number from Section II.)
A. The Maryland Public Service Commission will incur additional expenses to increase staff and monitor and enforce compliance with these regulations. Currently, three cybersecurity professionals have been added at an annual cost of approximately $500,000.
B. The Maryland Office of People’s Counsel and the Maryland Department of Information Technology will incur additional inestimable marginal costs associated with engaging the public service companies and the Maryland Public Service Commission for incident reporting, periodic cybersecurity briefings and reports, among other things.
C. Local municipal public service companies will incur additional inestimable costs to comply with these new regulations.
D. Over 50 Maryland electric, gas, and private water public service companies will incur additional inestimable costs to comply with these regulations. A cost estimate range was provided collectively by the largest public service companies in Maryland of incremental one-time implementation costs ranging from approximately $115,000 to $4,000,000 with ongoing annual costs ranging from approximately $300,000 to $1,800,000. The public service company benefits from enhanced cybersecurity protections are inestimable.
F. The public benefits from enhanced cybersecurity protections are inestimable, as are the costs that will be passed on to customers of public service companies from increased rates.
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 October 7, 2024. A public hearing has not been scheduled.
Authority: Public Utilities Article, [§§2-112,] §§2-108, 2-112, 2-113, 2-121, 3-101, 3-104, [and] 3-113, and 5-306, Annotated Code of Maryland
.01 Scope.
[This chapter applies to
all electric companies, gas companies, and water companies regulated by the
Commission that operate in Maryland.]
A. This chapter applies to all
public service companies subject to cybersecurity requirements in Public
Utilities Article, §5-306, Annotated Code of Maryland.
B. This chapter also broadly
applies to all cybersecurity devices necessary for the adequate, economical,
and efficient delivery of public service company services in Maryland.
C. Applicable Standards. Unless otherwise specified by the
Commission, the public service company shall use the applicable provisions in
the latest revised version of the National Institute of Standards Special Publication
800-207, Zero Trust Architecture, August 2020 publication.
.02 Definitions.
A. In this [chapter] subtitle, the following terms have the meanings indicated.
B. Terms Defined.
[(1) “Cybersecurity breach” means any unauthorized act that has been confirmed to result in access to acquisition, control, destruction, disclosure, or modification of a utility’s information technology systems, operations technology systems, or smart grid systems.
(2) “Good cybersecurity practice” means cybersecurity plans that are designed, implemented, maintained, and operated in accordance with an accepted industry cybersecurity standard and in compliance with all applicable federal and State requirements.
(3) “Information technology system” means hardware and software related to electronic processing, and storage, retrieval, transmittal, and manipulation of data.
(4) “Operations technology system” means a system or network that monitors or controls electric, gas, or water system infrastructure used for utility operations.
(5) “Smart grid system” means a system or network that enables a utility to gather and store personally identifiable customer information from customer devices or allows for the control of customer devices.
(6) “Utility” means any electric company, gas company, or water
company regulated by the Commission.]
(1) “Chief information security officer (CISO)” means
a senior-level executive who oversees an organization's information, cyber, and
technology security. The CISO's responsibilities include developing,
implementing, and enforcing security policies to protect critical data.
(2) “Commission” means the Public Service Commission of
Maryland.
(3) “Compliance order” means a document issued by the
Commission's Office of Cybersecurity to a public service company directing
compliance.
(4) “Consent order” means a document executed jointly by
the Commission's Office of Cybersecurity and a public service company for the
disposition of a case.
(5) “Cybersecurity” means processes or capabilities
wherein systems, communications, and information are protected and defended
against damage, unauthorized use or modification, and exploitation.
(6) “Cybersecurity device” means any combination of
hardware, software, and related services, including informational technology
systems, operational technology systems, and smart grid systems used for
delivery of electricity, gas, or water, or systems that store customer
information.
(7) “Cybersecurity Director” means the Director of the
Commission's Office of Cybersecurity.
(8) “Cybersecurity framework” means a common mechanism for
organizations to:
(a) Describe their current
cybersecurity posture;
(b) Describe their target
state for cybersecurity;
(c) Identify and prioritize
opportunities for improvement within the context of a continuous and repeatable
process;
(d) Assess progress toward the
target state; and
(e) Communicate among internal
and external stakeholders about cybersecurity risk.
(9) “Cybersecurity
incident” means a malicious act or suspicious event that compromises, or was an
attempt to compromise, a public service company’s cybersecurity device.
(10) “Cybersecurity maturity”
is a quantitative and qualitative assessment of an organization's cybersecurity
posture using a cybersecurity framework.
(11) “Cybersecurity standard”
means a mandatory federal or state cybersecurity requirement to protect the
cybersecurity devices of an organization.
(12) “Good
cybersecurity practice” means cybersecurity plans that are designed,
implemented, maintained, and operated in accordance with applicable industry
cybersecurity standards and with the Cybersecurity and Infrastructure Security
Agency’s Cross-Sector Cybersecurity Performance Goals (CPG), or a more
stringent standard that is based on the National Institute of Standards and
Technology (NIST) security frameworks.
(13) “Information technology
system” means hardware and software related to electronic processing, and
storage, retrieval, transmittal, and manipulation of data.
(14) “NOPV” means a notice of probable violation issued
upon finding good cause to believe a violation of this subtitle or
cybersecurity requirements in Public Utilities Article, §5-306, Annotated Code
of Maryland.
(15) “Office of Cybersecurity” means the organization in
the Commission responsible for implementing oversight of cybersecurity
requirements in Public Utilities Article, §§2-108 and 5-306, Annotated Code of
Maryland.
(16) “Operations technology system” means a system or
network that monitors or controls electric, gas, or water system infrastructure
used for utility operations.
(17) “Public service company” has the meaning stated in Public Utilities Article, §1-101,
Annotated Code of Maryland,
including investor-owned electric companies, electric cooperatives, municipal
electric companies, gas companies, and water companies, but excluding public
service companies that are a common carrier or a telephone company per Public Utilities Article, §5-306(b), Annotated Code of Maryland.
(18) “Smart grid system” means a system or network that
enables a utility to gather and store personally identifiable customer
information from customer devices or allows for the control of customer
devices.
(19) “Zero trust” means a cybersecurity approach that is
focused on cybersecurity resource protection, is based on the premise that
trust is never granted implicitly but shall be continually evaluated, and is
aligned with the tenets of the latest revised version of the National Institute
of Standards Special Publication 800-207.
.03 Good Cybersecurity Practice.
A. All [utilities] public service companies shall follow good cybersecurity practice.
B. At a minimum, public service company cybersecurity plans shall address cybersecurity-related governance, risk management, procurement practices, personnel hiring, training policies, situational awareness, response, recovery, zero trust implementation, and transparent reporting of cybersecurity incidents to State and federal entities.
C. At a minimum, all public service companies shall comply
with all cybersecurity standards applicable to their cybersecurity devices and
align their cybersecurity practices with Cybersecurity and Infrastructure
Security Agency’s Cross-Sector Cybersecurity Performance Goals (CPG) or a more
stringent standard that is based on the National Institute of Standards and
Technology (NIST) security frameworks.
.04 Cybersecurity Periodic [Reporting] Briefings.
A. All [utilities] public service companies that have [30,000] 15,000 or more combined gas, electric, and water customers in Maryland shall provide periodic confidential cybersecurity [reports] briefings describing the company’s adherence to good cybersecurity practice, including the company’s cybersecurity maturity level trends, cybersecurity performance metric trends, or any other cybersecurity-related topics of current interest to the Commission and such additional representatives as the Commission designates.
B. Periodic confidential cybersecurity [reports] briefings shall be held at a minimum of every 3 years, or as otherwise directed by the Commission.
[C. The reporting utility shall provide an authorized company officer certification of the periodic confidential cybersecurity report.]
.05 Cybersecurity [Breach] Incident Reporting.
[All utilities shall report confirmed cybersecurity breaches of a smart grid system, information technology system, or operations technology system to a Commission-designated representative without divulging energy/electric infrastructure information, as defined by 18 CFR §388.113, no later than 1 business day after confirmation, unless prohibited or recommended by law enforcement to avoid compromising an investigation.]
A. All public service
companies shall report cybersecurity incidents no later than 24 hours to the
State Security Operations Center according to the method specified by the
Maryland Department of Information Technology. Public service companies shall
include in such reports the following information:
(1) Contact information;
(2) Type and size of the
organization;
(3) Start and end time of the
incident;
(4) Generalized narrative of
the incident;
(5) Degree or scope of impact
from the incident on delivery of utility operation or service;
(6) Type and amount of
involved utility customer information that was or may have been impacted
pursuant to Commercial Law Article, §14-3501 et seq., Annotated Code of Maryland; and
(7) A follow up report,
typically within 30 days, if further impact or exposure is discovered requiring
revision of previous reported scope and impact.
B. The State Security Operations Center shall notify
appropriate entities of a cybersecurity incident reported, as required by
Public Utilities Article, §5-306(d)(3), Annotated Code of Maryland, including
the Commission. The Commission’s Office of Cybersecurity shall notify such
additional representatives as the Commission designates.
C. Depending on the circumstances of the cybersecurity
incident, the public service company may be requested to provide additional
cybersecurity incident related information to either the Department of
Information Technology or the Office of Cybersecurity, which may not be
unreasonably denied unless this information is superseded by applicable federal
cybersecurity standards and regulations that prohibit such disclosures.
D. The details of a public service company incident report
may not be divulged except as directed by the Commission, or a court, as
authorized by law, or as required by Public Utilities Article, §5-306(d)(3),
Annotated Code of Maryland. The Office of Cybersecurity shall promptly notify a
public service company upon the discovery of any unauthorized access,
compromise, loss, or exfiltration of the public service company’s cybersecurity
incident information.
.06 Zero Trust Implementation.
A. Public service companies shall implement a
zero trust cybersecurity approach that is focused on cybersecurity resource
protection and adopts and implements cybersecurity standards that meet or
exceed regulations in this chapter.
B. A public service company
shall adopt a zero trust cybersecurity approach for on-premises services and
cloud-based services.
C. Levels of cybersecurity device risk and supply chain risk shall
be defined by each public service company, consistent with industry standard
practices, unless superseded by applicable federal or State cybersecurity
standards.
D. The process by which cybersecurity device risk and supply chain
risk is determined shall be documented and subject to inspection by the Office
of Cybersecurity unless such processes are superseded by applicable federal
cybersecurity standards and regulations that prohibit such disclosures.
E. A
public service company shall establish minimum security standards for each
cybersecurity device or grouping of cyber security devices, including security
risks with supply chains based on the level of security risk each device or
group of devices presents to the public service company’s ability to deliver
utility services or protect customer information necessary for the adequate, economical, and
efficient delivery of public service company services in Maryland.
F. Public service companies shall provide evidence that they
already or, where technically feasible, are planning to implement zero trust
approaches in their Information Technology (IT) and Operational Technology (OT)
devices and provide timelines or industry roadmaps for implementing zero trust
approaches. Evidence of planning shall consist of the following:
(1) A documented good faith analysis to determine where public
service companies can expand implementation of zero trust approaches;
(2) An overview of a specific utility’s approaches to zero trust;
(3) The incorporation of zero trust approaches as a criterion in IT
and OT asset design and procurement policy as supported by industry;
(4) The existence of auditable asset investments demonstrably
compliant with zero trust approaches; and
(5) Documented company plans with zero trust approach implementation
timelines and dedicated resources.
.07 Periodic Assessments of Cybersecurity
Devices and Supply Chain Risk.
A. On or before July 1,
2024, and on or before July 1 every other year thereafter, public service
companies shall engage a third party to conduct an assessment of cybersecurity
devices and supply chain risk based on either of the following cybersecurity
frameworks:
(1) The Cybersecurity and Infrastructure Security Agency’s
Cross-Sector Cybersecurity Performance Goals (CPG); or
(2) A more
stringent standard that is based on the National Institute of Standards and
Technology (NIST) security frameworks.
B. The third party conducting the assessment of cybersecurity
devices and supply chain risk shall be any non-affiliated entity that is
qualified to perform an assessment based on applicable certifications,
expertise, or past experience to conduct NIST and CPG cybersecurity
framework-based assessments.
C. Multiple third-party assessments of cybersecurity devices and
supply chain risk using applicable cybersecurity frameworks shall be used, if
necessary, to cover all cybersecurity devices and supply chain risk under the
scope of this chapter.
D. All cybersecurity assessments shall be anytime within a 2-year
assessment cycle, with the first assessment cycle ending July 1, 2024, and
subsequent assessment cycles ending on or before July 1 every other year
thereafter.
E. A public service company
shall confidentially e-file to the Commission, or alternatively submit to the
Office of Cybersecurity, an attestation letter by the public service company
CISO, or equivalent, on or before July 1, 2024, and on or before July 1 every
other year thereafter. This attestation letter shall include the following
information:
(1) The name of the public service company;
(2) The date of the public service company’s most recent
cybersecurity assessments;
(3) The cybersecurity framework used in each cybersecurity
assessment of the public service company;
(4) The name of the third-party entity that completed each
cybersecurity assessment and their qualifications to conduct NIST or CPG
cybersecurity framework-based assessments;
(5) A certification of the public service company’s compliance with
the standards for the cybersecurity frameworks used in these cybersecurity
assessments; and
(6) If applicable, an attestation that a North American Electric
Reliability Corporation Critical Infrastructure Protection (NERC CIP) audit has
been performed and the dates the last assessment was performed, or an
inspection by the Transportation Security Administration (TSA) pursuant to
TSA’s Gas Pipeline Security Directives, or TSA regulations that supersede the
security directives.
F. A public service company may develop a consolidated assessment
of all third-party assessments in a cybersecurity assessment report. At a
minimum, a third-party or consolidated public service company cybersecurity
assessment report shall include:
(1) An executive summary that includes a general overview of
cybersecurity technology and policies used by the public service company;
(2) A description of how the cybersecurity frameworks used in each
third-party assessment is based on NIST or CPG;
(3) A description of the scope of the cybersecurity devices and
supply chain risk assessed and the applicable cybersecurity framework used for
each third-party assessment;
(4) The completion date of each third-party assessment;
(5) A description of the cybersecurity standards to which the
public service company shall comply for the cybersecurity devices and supply
chain risk included in the assessment;
(6) The assessment results for each third-party assessment,
including a description of cybersecurity maturity and trends of cybersecurity
maturity since the previous assessment, if applicable; and
(7) Conclusions and recommendations from each third-party assessor
for corrective actions.
G. A public service company shall arrange an in-person meeting with
the Office of Cybersecurity at Commission offices or at another mutually
agreeable location to review all individual third-party cybersecurity
assessments or alternatively a public service company’s consolidated
cybersecurity assessment report, within 90 days of the date of the
certification of a public service company’s compliance attestation letter.
H. A public service company shall maintain all consolidated
cybersecurity assessment reports and all third-party assessments of
cybersecurity devices under the scope of this regulation a minimum of two, 2-year
assessment cycles, except for applicable North American Electric Reliability
Corporation Critical Infrastructure Protection (NERC CIP) audits, or an
inspection by the Transportation Security Administration (TSA) pursuant to
TSA’s Gas Pipeline Security Directives, or TSA regulations that supersede the security
directives which are performed on a 3-year cycle. These assessment reports
shall be made available at Commission offices or at another mutually agreeable
location for inspection by the Office of Cybersecurity, upon request.
.08 Public Service Company
Cybersecurity Contacts.
A. All public service companies shall provide a primary
cybersecurity contact and alternate cybersecurity contact information to the Office of Cybersecurity that includes each contact’s name,
company, position title, mail address, email address, cellular phone number,
and office phone number. The Office of Cybersecurity shall share this
information with the State Security Operations Center in the Department
of Information Technology.
B. A public
service company’s primary cybersecurity contact shall either be the public
service company’s CISO, or equivalent, or directly report to the public service
company CISO, or equivalent.
C. A public service company alternate cybersecurity
contact shall either directly report to a public service company CISO, or
equivalent, or directly report to the public service company primary
cybersecurity contact.
D. All public service companies shall provide an
organization chart, or equivalent narrative description, that describes the
organizational reporting relationships of the primary cybersecurity contact and
alternate cybersecurity contact to the CISO.
.09
Specific Information Request.
A. The Office of
Cybersecurity may send a public service company a specific information request
for information related to cybersecurity incidents, standards, practices,
procedures, or other information reasonably related to cybersecurity unless
such processes are superseded by applicable federal cybersecurity standards and
regulations that prohibit such disclosures.
B. A public service
company shall respond within 10 working days after receipt of a specific
information request from the Office of Cybersecurity relating to a
cybersecurity incident under Regulation .05 of this chapter.
C. Except as provided
under §B of this regulation, a public service company shall respond within 30
days after receipt of a specific information request from the Office of
Cybersecurity.
D. The Office of
Cybersecurity may waive the requirements of §B or C of this regulation upon
written request from a public service company demonstrating sufficient cause.
20.06.02
Compliance
Authority:
Public Utilities Article, §§2-108, 2-112, 2-113, 2-121, 2-302,
2-309, 3-101, 3-102, 3-104, 3-113, 3-205, 5-306, 6-205, and 13-201, Annotated
Code of Maryland
A.
General.
(1) The Office of Cybersecurity may
issue a NOPV upon finding good cause to believe a violation of this subtitle or
cybersecurity requirements in Public
Utilities Article, §5-306, Annotated Code
of Maryland, has occurred.
(2) The NOPV may contain a proposed compliance order.
(3) A public service company shall respond in writing within 30
days after receipt of a NOPV.
(4) The Office of Cybersecurity may waive the requirements of §A(3)
of this regulation upon written request from a public service company
demonstrating good cause.
B. Contents of Notice of Probable Violation. A NOPV
shall include:
(1) A statement of the statute or regulation allegedly violated by
a public service company;
(2) A description of the evidence indicating a possible violation;
(3) Notice of response options available to the public service
company;
(4) If appropriate, the amount of the proposed civil penalty and
the maximum civil penalty applicable under law; and
(5) If appropriate, a statement of the remedial action being sought
in a compliance order.
C. Response Options. A public
service company shall respond to the NOPV as follows:
(1) If a NOPV contains a proposed compliance order, a public
service company may:
(a) Agree to the proposed compliance order;
(b) Request the execution of a consent order;
(c) Object to the proposed compliance order and submit written
explanations, information, or other materials in answer to the allegations in
the notice; or
(d) Request a hearing under Public Utilities Article, §3-102,
Annotated Code
of Maryland; and
(2) If the NOPV
contains a proposed civil penalty, a public service company may:
(a) Agree to pay the
penalty;
(b) Submit an offer in
compromise of the proposed civil penalty;
(c) Object to the
proposed civil penalty and submit a written explanation, information, or other
material to mitigate the proposed civil penalty; or
(d) Request a hearing
under Public Utilities Article, §3-102, Annotated Code of Maryland.
D. If a public service company objects to the
proposed compliance order or civil penalty and submits a written explanation,
information, or other materials in response to a NOPV, the Cybersecurity
Director shall review the
submissions and determine whether to negotiate further, modify, or withdraw the
NOPV, or file a complaint under Public Utilities
Article, §3-102, Annotated Code of Maryland.
A. Before the issuance
of a compliance order, the Office of Cybersecurity may execute a consent order
jointly with a public service company.
B. A proposed consent
order shall contain the following:
(1) An admission by a
public service company of all jurisdictional facts; and
(2) A description of
any action required by a public service company and the time by which the
actions shall be accomplished.
A. Procedure. Following an investigation and a determination by the
Office of Cybersecurity, if there exists good cause to believe that a public
service company violated Public Utilities Article, §5-306, Annotated Code of
Maryland, or regulations in this subtitle, the Office of Cybersecurity may
assess or negotiate a civil penalty under Public Utilities Article, §13-201,
Annotated Code of Maryland, for violations and under Public Utilities Article, §13-205,
Annotated Code of Maryland, for failures to submit reports and information with
the prescribed form, contents, and deadlines.
B. Penalty Considerations. In proposing a civil penalty for
violations of Public Utilities Article, §5-306, Annotated Code of Maryland, or
regulations in this subtitle, the Office of Cybersecurity shall consider the
criteria stated in Public
Utilities Article, §13-201, Annotated Code of Maryland.
C. Filing with the Commission. Any proposed civil penalty shall be
subject to approval, modification, or further hearing in accordance with Regulation
.04 of this chapter.
D. Payment Procedures. A public service company shall pay a civil
penalty by submitting to the Commission a certified check or money order in the
correct amount, payable to the Maryland Public Service Commission.
.04 Filing with the Commission.
A. Proposed Consent Orders
and Civil Penalties.
(1) All proposed consent orders and proposed civil penalties
that have been agreed to by a public service company and the Office of
Cybersecurity shall be maintained as confidential and filed with the Commission
for final determination.
(2) A notice and a copy of
the confidential consent orders and proposed civil penalties shall be received
by the following entities:
(a) The Office of
Cybersecurity;
(b) The public service
company that is subject to the order;
(c) The Commission;
(d) Office of People’s
Counsel; and
(e) Any additional entities
as determined by the Commission.
(3) On a case-by-case basis,
the Commission may, on its own or by request of an entity identified in §A(2)
of this regulation, determine if and when any portion of the proposed consent
order or proposed civil penalty order can be filed publicly. A request made by
an entity identified in §A(2) of this regulation shall be made in a manner
specified by the Commission. Prior to ordering any public filing under this
section, the Commission shall provide reasonable notice to the public service
company that is subject to the order and allow that public service company a
reasonable opportunity to provide confidential comments on the potential
security risks posed by publicly releasing details of an order.
B. The Commission shall
approve, modify, or initiate a hearing on all proposed civil penalties and
consent orders.
C. If the Commission modifies
a proposed consent order or a proposed civil penalty, the public service
company may:
(1) Agree to the modified
consent order or civil penalty; or
(2) Request a hearing.
A. A public service company
may petition the Office of Cybersecurity for a stay of enforcement for good
cause.
B. The Office of Cybersecurity may issue a stay of enforcement for
a regulation in this subtitle for good cause shown.
.06 Confidentiality.
A. All cybersecurity compliance information in
this subtitle may not be divulged outside of the Commission except as directed
by the Commission, or a court, or as authorized by law.
B. The Office of
Cybersecurity shall share cybersecurity compliance information collected in
this chapter upon request with additional representatives as the Commission
designates. These representatives shall be subject to the confidentiality
requirements in §A of this regulation.
C. The Office of
Cybersecurity shall promptly notify a public service company upon the discovery
of any unauthorized access, compromise, loss, or exfiltration of the public
service company’s compliance information.
ANDREW S. JOHNSTON
Executive Secretary
Title 25
OFFICE OF THE STATE TREASURER
Subtitle 03 TREASURY MANAGEMENT
25.03.04 Policy
Regarding the Investment of Public Money by the State of Maryland
Authority: State Finance and
Procurement Article, §6-222, Annotated Code of Maryland
Notice of Proposed Action
[24-092-P]
The Office of the State Treasurer proposes to adopt new
Regulations .01—.06 under a new chapter, COMAR 25.03.04 Policy Regarding the Investment of
Public Money by the State of Maryland.
Statement of Purpose
The purpose of this action is to ensure that public money is invested that will:
(1) Provide the highest interest return;
(2) Conform to all State laws governing the investment of all public money; and
(3) Specify the asset classes thresholds for maximum investments.
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 Jonathan Martin, Chief Deputy Treasurer, Office of the State Treasurer, 80 Calvert St., Room 109, Annapolis, MD 21401, or call 410-260-7080, or email to jmartin@treasurer.state.md.us. Comments will be accepted through October 7, 2024. A public hearing has not been scheduled.
.01 Purpose.
The purpose of this
Policy is to ensure that public money is invested by the State in a manner that
will:
A. Provide the highest investment return with the maximum safety
and security while meeting the anticipated daily cash flow requirements of the
State;
B. Conform to all State laws governing the investment of public
money; and
C. Specify the asset classes, thresholds for maximum investment
in each asset class, and other requirements for the investment of public money
by the State.
.02 Definitions.
A. In this chapter, the following terms have the meanings
indicated.
B. Terms Defined.
(1) “Investment officer” means the State’s Chief Investment
Officer and any other person authorized by the State Treasurer to invest
unexpended or surplus money over which the State Treasurer has custody.
(2)“Nationally recognized statistical rating organization” means
a nationally recognized statistical rating organization as designated by either
the United States Securities and Exchange Commission or the Treasurer.
(3)“Public money” means unexpended or surplus money over which
the State Treasurer has custody.
(4)“State Treasurer” means the Treasurer of the State of
Maryland.
(5)“Supranational issuer” includes (without limitation):
(a) The World Bank;
(b) The International Finance Corporation;
(c) The Inter–American Development Bank;
(d) The African Development Bank; and
(e) The Asian Development Bank.
.03 Requirements for Investment Officers.
A. An investment officer shall employ the “prudent person”
standard when making investments. Specifically, an investment officer shall:
(2) Make investments in
a manner designed to reasonably match anticipated cash flow needs so that sufficient
funds are available to pay obligations upon proper presentation for payment;
(3) Make investments so
that a reasonable amount of cash or cash equivalents is available for
unanticipated cash needs;
(4) Consider the
context of the assets in the Treasurer’s custody as a whole and as part of an
overall investment strategy that incorporates reasonably suitable risk and
return objectives;
(5) Have due regard for
minimizing risk while maximizing return;
(6) Use competitive
purchasing practices except when impractical;
(7) Make investments so that the securities and collateral
may continue to be priced on a marked to market basis;
(8) In a manner
designed to diversify investments unless, under the circumstances, it is
reasonably determined to be in the best interests of the State not to do so;
(9) Act with prudence
in deciding whether and how to delegate authority and in the selection and
supervision of agents;
(10) Incur only costs
that are appropriate and reasonable in amount; and
(11) Act to avoid the
enhancement of the personal financial position of the investment officer or any
employee of the State Treasurer or local government unit who has
responsibilities for such investments.
B. An investment
officer shall comply with the requirements of this chapter and any additional
requirements adopted by the State Treasurer in accordance with Regulation .05
of this chapter.
.04 Permitted Investments.
A. Subject to the requirements in §B of this
regulation, public money may be invested in the following types of securities:
(1) An obligation for which the United States has pledged its
faith and credit for the payment of the principal and interest;
(2) An obligation that a federal agency or a federal
instrumentality has issued in accordance with an act of Congress;
(3) An obligation issued and unconditionally guaranteed
by a supranational issuer denominated in United States dollars and eligible to
be sold in the United States;
(4) A repurchase agreement collateralized in an amount not less
than 102 percent of the principal amount by an obligation of the United States,
its agencies, or instrumentalities, provided the collateral is held by a
custodian other than the seller designated by the buyer;
(5) Bankers’ acceptances guaranteed by a financial institution
with a short–term debt rating in the highest letter and numerical rating by at
least one nationally recognized statistical rating organization;
(6) Commercial paper that has
received the highest letter and numerical rating by at least two nationally
recognized statistical rating organizations;
(7) Money market mutual funds that:
(a) Are registered with
the Securities and Exchange Commission under the Investment Company Act of
1940, 15 U.S.C. §80a–1 et seq., as amended;
(b) Are operated in
accordance with Rule 2A–7 of the Investment Company Act of 1940, 17 CFR
§270.2A–7, as amended; and
(c) Have received the highest possible rating from at least one
nationally recognized statistical rating organization;
(8) Any investment portfolio created under the Maryland Local
Government Investment Pool defined under Local Government Article, §§17–301—17–309,
Annotated Code of Maryland, that is administered by the Office of the State
Treasurer;
(9) Tradeable time deposits denominated in U.S. dollars and
issued or endorsed by either:
(a) A bank or a savings
and loan association organized and supervised under federal law or the laws of
any state and regulated by the Federal Reserve or a trust company which is a
member of the Federal Reserve system; or
(b) A bank organized and
supervised under the laws of a foreign country that is rated AA/Aa/AA or higher
by at least two nationally recognized statistical rating organizations;
(10) Obligations of domestic corporations that are rated
A-/A3/A- or higher by at least two nationally recognized statistical rating
organizations;
(11) Bonds, notes, or other obligations issued by or on behalf
of any state or any agency, department, county, municipal or public
corporation, special district, authority, or political subdivision thereof, or
in any fund or trust that invests only in securities issued by these
entities that are rated A-/A3/A- or higher by at least two nationally
recognized statistical rating organizations;
(12) Bonds, notes, or other obligations denominated in United
States dollars, issued by and subject to the laws of a foreign country that is
rated AA/Aa/AA or higher by at least two nationally recognized statistical
rating organizations;
(13) Mortgage-backed obligations:
(a) Guaranteed by the
United States or a federal agency or a federal instrumentality that were issued
in accordance with an act of Congress; and
(b) Having received the
highest possible rating from at least two nationally recognized statistical
rating organizations;
(14) Asset-backed obligations having received the highest
possible rating from at least two nationally recognized statistical rating
organizations; and
(15) Non-tradeable time deposits denominated in U.S. dollars and:
(a) Issued or endorsed by
either:
(i) A bank or a savings and loan association organized and
supervised under federal law or the laws of any state and regulated by the
Federal Reserve or a trust company which is a member of the Federal Reserve
system; or
(ii) A bank organized and supervised under the laws of a foreign
country that is rated AA/Aa/AA or higher by at least two nationally recognized
statistical rating organizations; and
(b) Having received:
(i) For obligations with maturities of less than 1 year, at
least two ratings of A-1/P1/F-1 or higher from at least two nationally
recognized statistical rating organizations; and
(ii) For obligations with maturities of greater than 1 year, at
least two ratings of AA/Aa/AA or higher from at least two nationally recognized
statistical rating organizations.
B. An investment officer may invest public money in a given type
of security not more than the following percentage of the overall investment
portfolio over which the investment officer manages:
(1) For a security permitted by §A(1) of this regulation, 100
percent;
(2) For a security permitted by §A(2) of this regulation, 100
percent;
(3) For a security permitted by §A(3) of this regulation, 40
percent;
(4) For a security permitted by §A(4) of this regulation, 75
percent;
(5) For a security permitted by §A(5) of this regulation, 20
percent;
(6) For a security permitted by §A(6) of this regulation, 35
percent;
(7) For a security permitted by §A(7) of this regulation, 50
percent;
(8) For a security permitted by §A(8) of this regulation, 100
percent;
(9) For a security permitted by §A(9) of this regulation, 35
percent;
(10) For a security permitted by §A(10) of this regulation, 25
percent;
(11) For a security permitted by §A(11) of this regulation, 25
percent;
(12) For a security permitted by §A(12) of this regulation, 20
percent;
(13) For a security permitted by §A(13) of this regulation, 25
percent;
(14) For a security permitted by §A(14) of this regulation, 25
percent; and
(15) For a security permitted by §A(15) of this regulation, 35
percent.
.05 Additional Requirements.
A. The State Treasurer may adopt additional requirements for the
State investment portfolio and for the investment policies of local government
units.
B. The State Treasurer shall post on the State Treasurer’s Office website any additional requirements implemented in accordance with this regulation.
.06 Exception for Emergencies and Catastrophic Events.
The
State Treasurer may make investment decisions inconsistent with this chapter
if:
A. Either:
(1) The Governor of the State of Maryland has declared a state
of emergency in accordance with Public Safety Article, §14-107, Annotated Code
of Maryland; or
(2) A catastrophic event occurs that the State Treasurer
determines could dramatically shift credit ratings on any of the assets in the
portfolio; and
B. The State Treasurer determines the investment decisions are
in the best interest of the State.
JONATHAN MARTIN
Chief Deputy Treasurer
Title 26
DEPARTMENT OF ENVIRONMENT
Subtitle 28 BUILDING ENERGY PERFORMANCE STANDARDS
Notice of Proposed Action
[24-079-P-I]
The Secretary of the Environment proposes to adopt the following new regulations under a new subtitle, COMAR 26.28 Building Energy Performance Standards:
(1) New Regulations .01―.03 under new chapter, COMAR 26.28.01 Definitions and Documents Incorporated by Reference;
(2) New Regulations .01―.05 under new chapter, COMAR 26.28.02 Benchmarking and Reporting;
(3) New Regulations .01 and
.02 under new chapter, COMAR 26.28.03 Performance Standards and
Compliance Demonstration; and
(4) New Regulations .01―.03 under new chapter, COMAR 26.28.04 Alternative Compliance and Special Provisions.
Also, at this time, the Secretary of the Environment is withdrawing the proposal, published in 50:25 Md. R. 1104 — 1115 (December 15, 2023), to adopt the following new regulations under new Subtitle 28 Building Energy Performance Standards:
(1) New Regulations .01―.03 under a new chapter, COMAR 26.28.01 Definitions and Documents Incorporated by Reference;
(2) New Regulations .01―.05 under a new chapter, COMAR 26.28.02 Benchmarking and Reporting;
(3) New Regulations .01 and .02 under a new chapter, COMAR 26.28.03 Performance Standards and Compliance Demonstration; and
(4) New Regulations .01―.03 under a new chapter, COMAR
26.28.04 Alternative Compliance and Special Provisions.
Statement of Purpose
The purpose of this action is to create the Maryland Building Energy Performance Standards (BEPS) as required by the Climate Solutions Now Act (CSNA) of 2022. See, in relevant part, Title 2, Subtitle 16 of the Environment Article, Annotated Code of Maryland. The goal is to reduce direct greenhouse gas (GHG) emissions and improve overall energy efficiency from Maryland’s building sector for certain buildings that are 35,000 square feet or larger. The regulation requires covered building owners to measure and report data to the Maryland Department of the Environment (MDE). The regulation further requires that covered building owners meet specific net direct GHG emissions. The regulation also contains record keeping and reporting requirements for electric and gas companies and district energy providers. This action has one document for Incorporation by Reference, under COMAR 26.28.01.03, the Maryland Department of the Environment Technical Memorandum (TM) 24-01, “Technical Guidance and Calculation Methodologies to Comply with Building Energy Performance Standards”, July 2024.
Additional regulatory actions on BEPS will be taken at a later date. Per language in the Budget Bill (Fiscal Year 2025), SB 360/Chp. 716 of 2024, MDE plans to adopt energy use intensity (EUI) standards in 2027 following the submission of a report to the General Assembly and calculation of EUI standards based on data reported to MDE in 2026. EUI standards are important for promoting efficient electrification to enable Maryland's clean energy transition, minimize electricity grid impacts, and achieve Maryland's goal of net-zero GHG emissions by 2045.
This action will not be submitted to the U.S. Environmental Protection Agency (EPA) as part of Maryland’s SIP.
Background
In 2022, the Maryland General Assembly passed the CSNA that modified Maryland’s GHG emissions reduction goals in response to the latest science indicating that more stringent goals are necessary to combat climate change. CSNA set new goals to reduce statewide GHG emissions by 60% below 2006 levels by 2031 and achieve net-zero emissions by 2045. Among the requirements outlined in the new law is that Maryland implement BEPS. CSNA requires MDE to develop BEPS for covered buildings that: achieve a 20% reduction in net direct GHG emissions on or before January 1, 2030, as compared with 2025 levels for average buildings of similar construction; attain net-zero direct GHG emissions on or before January 1, 2040; and include EUI targets by building type.
Covered buildings will be required to benchmark energy use utilizing the United States Environmental Protection Agency’s (EPA) ENERGY STAR Portfolio Manager tool, which is a free, interactive resource management tool that enables the benchmarking of energy use of any type of building. Covered buildings are subject to interim performance standards beginning in 2030 and running through 2039, and to a final performance standard that must be achieved on an annual basis in 2040 and beyond. Covered buildings are those defined in the regulation and further elaborated in TM 24-01 A.1.2. Building owners who believe their buildings are exempt must follow the procedure for exemption laid out in TM 24-01 A.1.2.2.
In July 2023, Maryland joined the White House National Building Performance Standards Coalition, which is a nationwide group of state and local governments that have committed to inclusively design and implement building performance policies and programs in their jurisdictions. Maryland’s development of BEPS has been supported by federal agencies, labor, and non-governmental organizations that provided resources for workforce engagement, technical analysis, equity strategies, policy design, and stakeholder engagement.
Sources Affected and
Location
The proposed regulation applies to buildings in Maryland that are 35,000 square feet or larger (excluding the parking garage area). Historic buildings, public and nonpublic elementary and secondary schools, manufacturing buildings, agricultural buildings, and federal buildings are exempt. There are approximately 9,000 covered buildings in Maryland located across all counties. Electric and gas companies and, in limited cases, tenants in covered buildings are required to maintain and provide energy consumption data for covered buildings.
Requirements
This regulation requires covered building owners to report data to MDE through the EPA ENERGY STAR Portfolio Manager tool. Benchmarking will begin in 2025 and compliance with direct GHG emissions will begin in 2030. Covered building owners may need to make improvements to their buildings to meet the net direct GHG emissions standards. Covered buildings must meet interim standards in 2030 through 2039 and final standards in 2040 and beyond or pay an alternative compliance fee. Interim and final standards are set in the regulation. Electric companies and gas companies are required to maintain and provide energy consumption data for all covered buildings and provide to the building owner accurate and timely information on the actual amount of electricity, gas, or fuel delivered to a covered building. District energy companies are required to provide information on the emissions intensity of their district energy system to their customers.
A tenant of a covered building is required to provide requested benchmarking information to a covered building owner that cannot otherwise be acquired from other sources.
Projected Emissions
Reductions
According to Maryland’s GHG Emissions Inventory, direct fuel use in buildings produced nearly 14 million metric tons of carbon dioxide equivalent (MMTCO2e) in 2020. Electricity consumption, almost all of which was consumed in buildings, generated approximately 18 MMTCO2e in 2020. Through their direct fuel use and electricity consumption combined, Maryland’s buildings accounted for roughly a third of all statewide GHG emissions. Buildings covered by BEPS accounted for approximately 5 MMTCO2e in 2020. In combination with state and federal policies to achieve 100% clean power generation, BEPS is modeled to reduce emissions by approximately 8.8 MMTCO2e between 2025 and 2050 based on a 2024 study by the U.S. Department of Energy’s Lawrence Berkeley and Pacific Northwest National Laboratories. According to a 2023 study by the U.S. Department of Energy’s Lawrence Berkeley and Pacific Northwest National Laboratories, the inclusion of future site EUI standards are modeled to further reduce emissions by approximately an additional 10 MMTCO2e.
Is there an
equivalent Federal standard to this Proposed Regulatory Action
In December 2022, the U.S. Council on Environmental Quality (CEQ) issued a Federal Building Performance Standard (BPS). The Federal BPS was issued according to the requirements set by Executive Order (E.O.) 14057, Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability. The Federal Government is considered the single largest energy consumer in the country, and the Federal BPS includes facilities owned by the Federal Government or covered facilities according to section 432 of EISA (42 U.S.C. § 8253(f)(2)(B)). The Federal BPS will deliver a net-zero emissions building portfolio by 2045, including a 50 percent GHG emissions reduction by 2032, prioritizing energy efficiency and electrification. To achieve these goals, section 205(b) of E.O. 14057 provides that agencies should use the Federal BPS to prioritize reductions in scope 1 GHG emissions. Scope 1 emissions cover standard building operational needs, including direct emissions from space heating and cooling, water heating, cooking, backup generators, and laundry.
Planned Future
Actions
MDE will conduct an updated analysis after the 2025 benchmarking data are submitted in 2026 to determine if the interim standards need to be modified based on actual 2025 benchmarked building energy performance. As part of this action, the Department will develop interim and final EUI standards for all property types. These standards will be included in a future update of the regulation. The combination of direct GHG and site EUI standards delivers efficient electrification, which will not only make it easier for the state to achieve its GHG reduction goals, but also enable the covered building stock to electrify at a sufficient scale to achieve the BEPS emissions goals by mitigating winter peak electricity demand.
A 2023 study by the U.S. Department of Energy’s Lawrence Berkeley National Laboratory found that a sample including 87% of Maryland’s covered buildings currently has a peak electricity demand of around 2.74 gigawatts occurring on hot summer days. According to that study, the proposed BEPS regulation with only GHG emissions standards will lead to peak electricity demand shifting to the winter and increasing 24% to 3.4 gigawatts by 2040. With the future addition of site EUI standards to BEPS, peak electricity demand is expected to decrease 6% to 2.58 gigawatts by 2040. Reducing peak demand reduces the need for ratepayer funded grid improvements and helps Maryland efficiently use existing electric grid infrastructure. A copy of the Lawrence Berkeley National Laboratory’s peak electricity demand study is included in the Technical Support Document.
Estimate of Economic Impact
I. Summary of Economic Impact. Between 2025 and 2040, building owners whose buildings do not already meet the BEPS standards will be required to implement energy efficiency measures and/or electrification measures or pay alternative compliance fees in order to comply with BEPS. A BEPS regulation including EUI standards would lead to significant energy savings and returns on investment for building owners. MDE advises building owners that analysis has shown implementing energy efficiency measures will reduce energy costs. The current BEPS regulation, which establishes emissions standards but does not yet establish EUI standards, may lead to weaker returns on investment if electrification measures are pursued without consideration of reducing EUI as well.
Results from a 2024 study by the U.S. Department of Energy’s Lawrence Berkeley and Pacific Northwest National Laboratories demonstrate that during BEPS implementation (2025—2040), under the current regulation that includes emissions standards but does not yet include EUI standards, all covered buildings combined will spend more on efficiency measures ($205 million) and electrification measures ($5.53B) than the energy cost savings accrued in this period ($1.2B). On a longer time horizon (2025-2050), energy cost savings increase to $4.6B. On average, over the 2025—2050 time horizon, covered buildings spend $0.65 per square foot. However, there is significant variation with 25% of covered buildings modeled to save more than $0.06 per square foot and 25% of covered buildings modeled to spend more than $2.65 per square foot.
Modeling from the National Labs shows that future site EUI standards will lead most owners to cost savings. During BEPS implementation (2025—2040), under a future regulation that includes emissions and EUI standards, all covered buildings combined will spend more on efficiency measures ($8.8B) and electrification measures ($6.4B) than the energy cost savings accrued in this period ($8.96B). However, on a longer time horizon (2025—2050), energy cost savings increase to $22.3B, indicating a net savings for Maryland’s covered buildings. On average, over the 2025—2050 time horizon, covered buildings save $4.47 per square foot. However, there is significant variation with 25% of covered buildings modeled to save more than $9.29 per square foot and 25% of covered buildings modeled to spend more than $4.43 per square foot.
The Building Energy Transition Task Force, created by the CSNA, delivered a report to the Governor and the General Assembly in January 2024 The report included recommendations relating to funding the retrofit of covered buildings to comply with BEPS. Additionally, through the efforts of various state agencies, significant funding from the federal Bipartisan Infrastructure Law and Inflation Reduction Act is expected to reduce the cost of compliance with BEPS for Maryland’s affected sources and speed their return on investments. For example, the federal Energy Efficient Commercial Building Deduction provides up to $5 per square foot for projects that reduce energy use intensity, including electrification projects.
According to the Lawrence Berkeley National Lab study on peak demand impacts from BEPS, the GHG emissions standard alone will increase peak demand. This would require additional grid improvements paid for by electric ratepayers. With the future incorporation of site EUI standards, the public in Maryland could see economic benefits through reduced electricity rates due to the impact of BEPS on reducing strain on the electricity grid.
II. Types of Economic Impact.
|
Impacted Entity |
Revenue
(R+/R-) Expenditure
(E+/E-) |
Magnitude |
|
A. On issuing agency: |
|
|
|
(1) |
(E+) |
$1,300,000 |
|
(2) |
(R+) |
Indeterminable |
|
B. On other State agencies: |
(E+) |
$0.65 per square foot |
|
C. On local governments: |
(E+) |
$0.65 per square foot |
|
|
|
|
|
|
Benefit (+) Cost (-) |
Magnitude |
|
D. On regulated industries or trade groups: |
|
|
|
Covered building owners |
(-) |
$0.65 per square foot |
|
E. On other industries or trade groups: |
|
|
|
(1) Fuel providers |
(-) |
Indeterminable |
|
(2) Covered building occupants |
(+) |
Indeterminable |
|
(3) Electric and Gas Companies and District Energy Providers |
(-) |
Indeterminable |
|
F. Direct and indirect effects on public: |
|
|
|
Public health |
(+) |
Indeterminable |
III. Assumptions. (Identified by Impact Letter and Number from Section II.)
A(1). MDE estimates it will need a new unit to implement and enforce the required BEPS for covered buildings. In total, MDE estimates total administrative costs resulting from the Climate Solutions Now Act of 2022 requirements are $3.2 million in fiscal 2023, with ongoing costs of at least $1.9 million annually. For the BEPS provisions specifically, MDE estimates an administrative cost of $1.3 million annually.
A(2). The extent to which the alternative compliance fee established by MDE under the BEPS regulation will generate State revenues is unknown at this time and is therefore indeterminant.
B. Other State agencies that own and operate State-owned buildings will need to make building investments to comply with BEPS and will also benefit from energy cost savings over time. Results from a 2024 study by the U.S. Department of Energy’s Lawrence Berkeley National Laboratories demonstrate that on average, and cumulatively across the 2025-2050 time horizon, buildings spend $0.65/sqft, but there is significant variation: 25% of buildings save >$0.06/sqft and 25% spend >$2.65/sqft. This includes the building investments (costs) in efficiency and electrification and energy cost savings (benefits) from reduced energy consumption from 2025—2050. Additionally, significant funding from the federal Bipartisan Infrastructure Law and Inflation Reduction Act are expected to reduce the cost of compliance with BEPS for other State agencies and speed their return on investments.
C. Local governments that own and operate government-owned buildings will need to make building investments to comply with the building energy performance standards and will also benefit from energy cost savings over time. Results from a 2024 study by the U.S. Department of Energy’s Lawrence Berkeley National Laboratories demonstrate that on average, and cumulatively across the 2025-2050 time horizon, buildings spend $0.65/sqft, but there is significant variation: 25% of buildings save >$0.06/sqft and 25% spend >$2.65/sqft. This includes the building investments (costs) in efficiency and electrification and energy cost savings (benefits) from reduced energy consumption from 2025-2050. Additionally, significant funding from the federal Bipartisan Infrastructure Law and Inflation Reduction Act are expected to reduce the cost of compliance with BEPS for local governments and speed their return on investments.
D. Covered building owners will need to make building investments to comply with the building energy performance standards and will also benefit from energy cost savings over time. Results from a 2024 study by the U.S. Department of Energy’s Lawrence Berkeley National Laboratories demonstrate that on average, and cumulatively across the 2025-2050 time horizon, buildings spend $0.65/sqft, but there is significant variation: 25% of buildings save >$0.06/sqft and 25% spend >$2.65/sqft. This includes the building investments (costs) in efficiency and electrification and energy cost savings (benefits) from reduced energy consumption from 2025—2050. Additionally, significant funding from the federal Bipartisan Infrastructure Law and Inflation Reduction Act are expected to reduce the cost of compliance with BEPS and speed return on investments.
E(1). Fuel Providers. Investments in energy efficiency and electrification in Maryland’s covered buildings may result in reduced fuel sales from 2025-2050.
E(2). Covered building occupants are expected to save money on energy costs from reduced energy consumption from 2025—2050.
E(3). Electric and Gas Companies and District Energy Providers. Maryland’s BEPS require benchmarking data from electric and gas companies and district energy providers. There will be costs associated with the delivery of data to covered building owners.
F. These regulations will have a positive effect on public health due to reduced emissions that contribute to health and respiratory issues.
Economic Impact on Small Businesses
The proposed action has a meaningful economic impact on small
businesses. An analysis of this economic impact follows:
As described above, on average, over the 2025—2050 time horizon, covered buildings spend $0.65 per square foot. With the inclusion of future site EUI standards, covered buildings save $4.47 per square foot over that same timeframe. The savings and costs identified in the 2024 study from the U.S. Department of Energy’s Lawrence Berkeley and Pacific Northwest National Laboratories will impact small businesses that are covered building owners and may also impact small businesses that are tenants in buildings covered by BEPS.
The Building Energy Transition Task Force report included recommendations for funding the retrofit of covered buildings to comply with BEPS. Additionally, significant funding from the federal Bipartisan Infrastructure Law and Inflation Reduction Act are expected to reduce the cost of compliance with BEPS for Maryland’s affected sources and 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 Mark
Stewart, Program Manager, Climate Change Program, Air and Radiation
Administration, 1800 Washington Boulevard, Suite 705, Baltimore, MD 21230-1720,
or call 410-537-3000, or email to BEPS.MDE@maryland.gov. Comments will be accepted
through October 9, 2024. The Maryland Department of the Environment will hold a
virtual public hearing on the proposed action on October 9, 2024, at 1 p.m. See
the Maryland Department of the Environment’s website for virtual hearing
information at
https://mde.maryland.gov/programs/Regulations/air/Pages/reqcomments.aspx.
Interested persons are invited to attend and express their views. Comments must be received by 5 p.m. on October 9, 2024, or submitted at the hearing. For more information contact the Climate Change Program at 410-537-3183. Comments can be submitted to email address BEPS.MDE@maryland.gov, Maryland Department of the Environment, 1800 Washington Boulevard, Suite 705, Baltimore, MD 21230-1720; telephone 410-537-3000.
Copies of the proposed action
and supporting documents are available for review at the Maryland Department of
the Environment’s website at http://www.mde.state.md.us/programs/regulations/air/Pages/reqcomments.aspx.
Editor’s Note on Incorporation by Reference
Pursuant to State Government
Article, §7-207, Annotated Code of Maryland, the TM 24-01 Technical Guidance
and Calculation Methodologies to Comply with Building Energy Performance
Standards July 2024 has been declared a document generally available to the
public and appropriate for incorporation by reference. For this reason, it will
not be printed in the Maryland Register or the Code of Maryland Regulations
(COMAR). Copies of this document are filed in special public depositories
located throughout the State. A list of these depositories was published in
51:1 Md. R. 8 (January 12, 2024), and is available online at
www.dsd.maryland.gov. The document may also be inspected at the office of the
Division of State Documents, 16 Francis Street, Annapolis, Maryland 21401.
26.28.01 Definitions and Documents Incorporated by Reference
Authority: Environment Article, §§1-404, 2-301, 2-302, 2-1205,
2-1602, Annotated Code of Maryland
.01 Purpose.
The purpose of this chapter is to define the terms used in this
subtitle and identify the documents that are incorporated by reference.
.02 Definitions.
A. In this subtitle, the following terms have the meanings indicated.
B. Terms Defined.
(1)“Affordable housing providers” means the owner of a covered
building that primarily provides housing to limited income households, where a
minimum of 51 percent of households living within the building are at or below
80 percent of the area median income, as defined in the Housing and Community
Development Article, §4–1801, Annotated Code of Maryland, or a covered building
that is restricted under the Low-Income Housing Tax Credit (LIHTC) program.
(2) Agricultural Building.
(a) “Agricultural building” means a structure that is used
primarily to cultivate, manufacture, process, or produce agricultural crops,
raw materials, products,
(b) “Agricultural building” includes a greenhouse.
(3) “Alternative compliance fee” means a fee paid by the
building owner to come into compliance with applicable net direct emissions
standards, as specified in COMAR 26.28.04.01A.
(4) “Area-weighted standard” means an interim or final
performance standard that is calculated based on the floor area proportion of
the property types within a covered building.
(5) Authorized Occupant.
(a) “Authorized occupant” means a person that is approved by a
building owner to be within a covered building.
(b) “Authorized occupant” does not include:
(i) Security guards;
(ii) Janitors;
(iii) Construction workers;
(iv) Landscapers; and
(v) Other maintenance personnel.
(6) “Baseline performance” means the weather-normalized numeric
values of net direct greenhouse gas emissions
(7) “Baseline year” means either calendar year 2025 for a
covered building that was constructed and occupied prior to calendar year 2025
or the first full calendar year in which a newly constructed covered building
was occupied.
(8) “Benchmark” means to track and input a building’s energy
consumption data and other relevant building information on a monthly basis for
at least 12 consecutive months, as required by the benchmarking tool, to
quantify the building’s energy use and greenhouse gas emissions.
(9) Benchmarking Information.
(a) “Benchmarking information” means descriptive information
about a building, its operating characteristics, and information generated by
the benchmarking tool regarding the building’s energy consumption, efficiency,
and performance.
(b) “Benchmarking information” includes but is not limited to
the building identification number, address, gross floor area, and separate
energy consumption totals for each fuel type.
(10) “Benchmarking tool” means the website-based software,
commonly known as ENERGY STAR Portfolio Manager, or any successor system,
approved by the United States Environmental Protection Agency.
(11) “Building” has the meaning set forth in the International
Building Code, which is incorporated by reference under COMAR 09.12.51.04A and
as modified in COMAR 09.12.51.04B.
(12) “Building owner” means an individual or legal entity
possessing title to a building including but not limited to a board of the
owners’ association, master association, board of directors, community
association, cooperative housing corporation, or condominium.
(13) “Campus” means a collection of two or more buildings, of
any building type or size, that act as a single cohesive property with a single
shared primary function and are owned and operated by the same party, such as,
but not limited to, higher education or hospital campuses, as determined by the
Department.
(14) “Commercial building” means a commercial building as
defined and subject to the commercial provisions of the International Energy
Conservation Code, which is incorporated by reference in COMAR 09.12.51.04A and
as modified in COMAR 09.12.51.04D, regardless of the nature of the entity or
government that owns the building.
(15) Covered Building.
(a) “Covered building” means a building that is a commercial or
multifamily residential building in the State of Maryland or is owned by the
State of Maryland and has a gross floor area of 35,000 square feet or more,
excluding the parking garage area, and is:
(i) A single building;
(ii) One or more buildings held in the condominium form of
ownership with a combined gross floor area of 35,000 square feet or more,
excluding the parking garage area, and governed by a single board of managers;
or
(iii) Two or more buildings with a combined gross floor area of
35,000 square feet or more, excluding the parking garage area, that are served
in whole or in part by the same electric or gas meter or are served by the same
heating or cooling system or systems, which is not a district energy system.
(b) “Covered building” includes a building that meets the
criteria for a covered building as described in this section and is located in
a historic district but where the building is not individually designated as a
historic property under federal, state, or local law.
(c) “Covered building” does not include:
(i) A building, or space within a building, individually
designated as a historic property under federal, State, or local law, separate
and apart from a building’s inclusion in a historic district;
(ii) A public or nonpublic elementary or secondary school
building;
(iii) A manufacturing building;
(iv) An agricultural building; or
(v) A building owned by the federal government;
(16) “Department” means the Maryland Department of the
Environment.
(17) “Direct greenhouse gas emissions or direct emissions” means
greenhouse gas emissions produced on-site by covered buildings, as calculated
by the benchmarking tool unless otherwise specified by the Department.
(18) “District energy system” means a system in which thermal
energy generated at one or more central facilities provides heating or cooling
through a network of insulated underground pipes to provide hot water, steam,
space heating, air conditioning, or chilled water to nearby buildings.
(19) “District energy provider” means an entity that provides
thermal energy to customers through a district energy system.
(20) “Electric company” has the meaning stated in Public
Utilities Article, §1-101, Annotated Code of Maryland.
(21) “Final performance standard or final standard” means the
numeric values of net direct greenhouse gas emissions that each covered
building shall ultimately achieve on an annual basis in 2040 and beyond.
(22) “Financial distress” means:
(a) A property that is the subject of a tax lien sale or public
auction due to property tax arrearages;
(b) A property that is controlled by a court appointed receiver;
or
(c) A property that was acquired by a deed in lieu of
foreclosure in the last calendar year.
(23) “Food service facility” has the meaning stated in COMAR
10.15.03.02B.
(24) Full-Time-Equivalent Employee.
(a) “Full-time-equivalent employee” means a person that occupies
a covered building for no less than 40 hours per week throughout a calendar
year.
(b) “Full-time-equivalent employee” excludes:
(i) Security guards;
(ii) Janitors;
(iii) Construction workers;
(iv) Landscapers; and
(v) Other maintenance personnel.
(25) “Gas company” has the meaning stated in Public Utilities
Article, §1-101, Annotated Code of Maryland.
(26) “Greenhouse gas emissions or emissions” means gasses
released into the atmosphere that contribute to climate change, including but
not limited to carbon dioxide (CO2), as calculated by the
benchmarking tool unless otherwise specified by the Department.
(27) Gross Floor Area.
(a) “Gross floor area” means the total building square footage
measured between the principal exterior surfaces of the enclosing fixed walls
of a building.
(b) “Gross floor area” consists of all areas inside the
building, including but not limited to lobbies, tenant areas, common areas,
meeting rooms, break rooms, the base level of atriums, restrooms, elevator
shafts, stairwells, mechanical equipment areas, basements, and storage rooms.
(c) “Gross floor area” does not include exterior spaces,
balconies, bays, patios, exterior loading docks, driveways, covered walkways,
outdoor play courts (e.g., tennis, basketball), parking, the interstitial space
between floors, which house pipes and ventilation, and crawl spaces.
(d) “Gross floor area” is not the same as rentable space, but
rather includes all areas inside the building or buildings.
(28) “Interim performance standard or interim standard” means
the weather-normalized numeric values of net direct greenhouse gas emissions
which covered buildings shall achieve by a specified calendar year that is
prior to 2040.
(29) “Manufacturing building” means
(30) “Mixed-use building” means a building that contains two or
more property types.
(31) Net Direct Greenhouse Gas Emissions or net direct
emissions.
(a) “Net direct greenhouse gas emissions or Net Direct Emissions”
means:
(i) The sum of all direct greenhouse gas emissions from a
covered building; or
(ii) For a covered building connected to a district energy
system, direct greenhouse gas emissions plus the greenhouse gas emissions
attributable to thermal energy inputs from the district energy system used by
the covered building, as calculated using the methodology provided in this
regulation.
(b) “Net direct greenhouse gas emissions or net direct
emissions” does not include direct greenhouse gas emissions from a food service
facility located within a covered building.
(32) “Newly constructed covered building” means a covered
building that was constructed after 2024 and occupied by at least one
full-time-equivalent employee or authorized occupant.
(33) “Occupied” means a covered building with at least one
full-time equivalent employee or authorized occupant.
(34) “Property type” means the primary use of a building space
as specified in ENERGY STAR Portfolio Manager.
(35) Site Energy Use.
(a) “Site energy use” means all energy used on-site by a covered
building to meet the energy loads of the building.
(b) “Site energy use” includes electricity delivered to the
building through the electric grid and/or generated on-site with renewable
sources; thermal energy delivered to the building through a district energy
system; and natural gas, diesel, propane, fuel oil, wood, coal, and other fuels
used on-site.
(c) “Site energy use” excludes electricity used for charging
vehicles, a food service facility located within a covered building, and other
electricity uses excluded from site energy use by the benchmarking tool.
(36) “Site energy use intensity or site EUI” is calculated by
the benchmarking tool by dividing the total energy consumed in one calendar
year by the gross floor area of the building and reported as a value of a
thousand British thermal units (kBTU) per square foot per year.
(37) “Tenant” means a person or entity occupying or holding
possession of a building, part of a building, or premises pursuant to a rental
or lease agreement.
(38) “Weather
(39) Web services application programming interface (API) or web
services API.
(a) “Web services API” means the free application for use by
organizations to exchange building energy and other data between their own
systems and the benchmarking tool.
(b) “Web services API” may include the entry of data into the
tool and/or the calculation and extraction of metrics and other information
from the tool.
(40) “Whole building energy consumption data” means energy data
that has been summed for an entire building, which may include a single
occupant or a group of separately metered tenants, representing the cumulative
total of energy used in the covered building.
.03 Incorporation by Reference.
In this subtitle, the Maryland
Department of the Environment Technical Memorandum (TM) 2
26.28.02 Benchmarking and Reporting
Authority: Environment Article, §§1-404, 2-301, 2-302, 2-1205,
2-1602, Annotated Code of Maryland
.01 Purpose.
The purpose of this chapter is to establish reporting
requirements for building owners, tenants, electric and gas companies, and
district energy providers.
.02 Reporting Requirements of Building Owners.
A. Data Collection.
(1) Each calendar year beginning in 2025 or in the first
calendar year after which a newly constructed covered building is occupied, the
(2) Nothing in this regulation shall be construed to permit a
building owner to use tenant energy usage data for purposes other than
evaluation of the performance of the building.
(3) A building owner shall follow the exemption procedures under
the TM 24-01, “Technical Guidance and Calculation Methodologies to Comply with
Building Energy Performance Standards”.
B. Benchmarking Report.
(1) A building owner shall submit a benchmarking report to the
Department by June 1st of each year, beginning in 2025, using the benchmarking
tool.
(2) Following the first full calendar year that energy data can
be collected and the building was occupied, the owner of any newly constructed
covered building shall benchmark the building and report to the Department no
later than June 1st of the following year, and every June 1st thereafter.
(3) The annual benchmarking report shall include, at a minimum,
the benchmarking information spanning January 1st to December 31st of the
previous calendar year.
(4) The building owner shall enter data into the benchmarking
tool such that the benchmarking report shall be based on an assessment of the
energy consumed by the building for the entire calendar year being reported
(5) The building owner shall exclude from the benchmarking
report submetered and separately metered energy consumption data for:
(a) Food service facilities that engage in commercial cooking
and water heating;
(b) Electric vehicle charging;
(c) Other electricity uses excluded from site energy use by the
benchmarking tool; and
(d) Emissions from required combustion equipment under the
following conditions:
(i) Emissions from generators shall be excluded from the net
direct emissions requirements if a federal or State regulation requires a
covered building including a health care facility, laboratory, assisted living
and nursing facility, military building, critical infrastructure, and a
building used in life sciences to use a backup generator or other equipment that
shall run on combustible fuels.
(ii) A covered building is required to include emissions from a
combustion generator/equipment if the relevant federal or State regulation is
updated to allow battery storage and/or other types of systems that do not
produce direct emissions.
(6) Energy consumption for food service facilities can be
excluded using a standard deduction formula in accordance with the Department’s
TM 24-01 “Technical Guidance and Calculation Methodologies to Comply with
Building Energy Performance Standards”, which is incorporated by reference in
COMAR 26.28.01.03 when such energy consumption cannot be excluded using
submetered or separately metered data.
(7) Before submitting a benchmarking report, the building owner
shall run all automated data quality checker functions available within the
benchmarking tool and shall confirm that all data has been accurately entered
into the tool. The building owner shall correct all missing or incorrect
information as identified by the data quality checker prior to submitting the
benchmarking report to the Department.
(8) If a building owner is notified of an inaccuracy by the
Department or other third party, then the building owner shall amend the
information reported within the benchmarking tool, and shall provide the
Department with an updated benchmarking submission within 30 days of learning
of the inaccuracy.
(9) The building owner of a mixed-use covered building shall use
the benchmarking tool to report the gross floor area for all property types in
the building.
(10) The building owners of a covered building that is connected
to district energy systems shall submit additional information to supplement
the annual benchmarking report in accordance with the Department’s TM 24-01,”Technical
Guidance and Calculation Methodologies to Comply with Building Energy
Performance Standards”, which is incorporated by reference in COMAR
26.28.01.03.
C. Third Party Verification of Benchmarking Reports.
(1) The building owner shall have a third party verify the
accuracy of benchmarking reports for calendar years:
(a) 2025 (benchmarking report due in 2026);
(b) 2030 (benchmarking report due in 2031);
(c) 2035 (benchmarking report due in 2036);
(d) 2040 (benchmarking report due in 2041); and
(e) Every 5 years thereafter.
(2) The building owner of a newly constructed covered building
shall have a third party verify the first required benchmarking report and then
comply with the schedule in this chapter for verification of subsequent
reports.
(3) The building owner shall provide to the third
party verifier all utility bills, delivered fuel receipts, and other
documentation needed by the verifier for the calendar year covered by the
benchmarking report.
(4) The building owner shall submit a copy of a third party
verification to the Department when submitting the associated benchmarking
report in accordance with the Department’s TM 24-01 “Technical Guidance and
Calculation Methodologies to Comply with Building Energy Performance Standards”,
which is incorporated by reference in COMAR 26.28.01.03.
D. Maintenance of Historical Data.
(1) The building owner shall maintain adequate records
demonstrating compliance with this chapter, including but not limited to,
energy bills, reports, forms, and records received from tenants or utilities
and records.
(2) Such records shall be preserved for a period no less than 5 years.
(3) At the request of the Department, such records shall be made
available for inspection and audit by the Department.
.03 Reporting Requirements of Tenants.
A tenant of a covered building shall, within 30 days of a
request by the building owner, provide all requested benchmarking information
that cannot otherwise be acquired by the building owner from other sources.
.04 Reporting Requirements of Electric and Gas Companies and
District Energy Providers.
A. Electric and Gas Companies.
(1) Electric and gas
companies delivering energy to a covered building shall maintain whole-building
energy consumption data for all buildings, for at least the most recent 5 years
in an electronic format capable of being uploaded to the benchmarking tool.
(2) On and after January
1, 2025, upon the request and authorization of a building owner an electric or
gas company shall provide the building owner with at least the most recent 12
consecutive months of whole building energy consumption data by fuel type for
the specified building for all the fuel types provided by the company.
(a) The electric or gas company shall provide data to the
requestor as follows:
(i) Data shall include whole building energy consumption,
aggregating all utility meters that measure energy consumption at the building;
(ii) Data shall be provided to the requestor within 90 days of
receiving a data request in 2025;
(iii) Data shall be provided to the requestor within 30 days of
receiving a data request in 2026 or later; and
(iv) Whole building energy consumption data shall be provided to
the requestor in monthly intervals.
(b) An electric or gas company may be exempt from §A(2)(a) of
this regulation in accordance with §A(7) of this regulation.
(3) Investor-owned electric
and gas companies serving 40,000 or more customers shall use the benchmarking
tool’s web services API to deliver data to requesters on an ongoing basis.
(4) Investor-owned electric
and gas companies serving fewer than 40,000 customers, municipal electric and
gas companies, or cooperatively owned electric and gas companies shall provide
data in the spreadsheet template specified by the benchmarking tool, or through
the benchmarking tool’s web services API to requesters on an ongoing basis.
(5) Electric and gas
companies shall develop and maintain a process to identify and confirm with the
building owner the list of meters that will be used to calculate the aggregated
total as follows:
(a) Electric and gas companies shall provide to the building
owner a listing of all meters included in the whole building energy consumption
data for verification purposes; and
(b) If any correction or update takes place at a meter that is
included in the whole building energy consumption data, then the affected value
or values shall be proactively updated by the electric or gas company through
the benchmarking tool’s web services API or through an updated spreadsheet
template with a notification provided to the building owner/data requestor.
(6) For covered buildings
with five or more tenants, electric and gas companies shall deliver to
requestors the monthly whole building energy consumption data capturing total
consumption by fuel type of all relevant fuel or fuels across all meters at the
building.
(a) The whole building energy consumption data shall not be
deemed confidential information by the electric and gas companies for purposes
of delivery to the building owner.
(b) Electric and gas companies will not be required to acquire
explicit authorization for data release by the individual tenants.
(7) For covered buildings
with fewer than five tenants, electric and gas companies shall deliver whole
building energy consumption data to the building owner if the building tenants
provide written or electronic consent for the delivery of the tenant’s energy
data to the building owner.
(a) The building tenant’s consent may be provided in a lease
agreement provision.
(b) The building tenant’s consent is not required if an electric
or gas company customer vacates the covered building before explicitly denying
consent for the delivery of the tenant’s energy data to the building owner.
(8) When providing
whole-building consumption data to a property with onsite generation of
renewable electricity (for example, solar or wind energy), electric and gas
companies shall ensure that the consumption values delivered to the building
owner capture total gross grid electricity consumption as metered by the
electric or gas company, rather than net, or net-metered, consumption of grid
electricity.
B. District Energy Providers.
(1) Starting no later than January 1, 2025, district energy
providers shall maintain all records that are necessary to comply with this
regulation for a period of not less than 5 years. At the request of the
Department, such records shall be made available for inspection and audit by
the Department.
(2) District energy providers shall provide greenhouse gas
emissions factors per unit of district energy input (steam, hot water, chilled
water, etc.) to the owners of covered buildings and to the Department for
benchmarking and compliance purposes.
(3) Emissions factors and a full and detailed accounting of
their calculation shall be provided by the district energy provider by March
1st of each calendar year and cover the previous calendar year based on actual
fuel consumption and system performance data. The Department may require a
third party review of such calculations paid for by the district energy
provider.
(4) District energy providers shall use methodology for
allocating emissions that will be based on the “Efficiency Method” in the World
Resources Institute’s “Calculation tool for direct emissions from stationary
combustion: Allocation of GHG Emissions from a Combined Heat and Power (CHP)
Plant”.
.05 Disclosure of Covered Building Benchmarking and Performance
Standards Information.
A. Before a buyer signs a contract for the purchase of a covered
building, the building owner selling the covered building shall:
(1) Disclose to the prospective buyer that the building is
subject to requirements under this subtitle;
(2) Transfer the following records to the prospective buyer:
(a) A copy of the complete benchmarking record from the
benchmarking tool;
(b) Documentation of data verification;
(c) Documentation of any alternative compliance
(d) Any other records relevant to maintain compliance under this
subtitle; and
(3) Provide to the prospective buyer the following information:
(a) Performance baseline; and
(b) Interim and final performance standards.
26.28.03 Performance Standards and Compliance Demonstration
Authority: Environment Article, §§1-404, 2-301, 2-302, 2-1205,
2-1602, Annotated Code of Maryland
.01 Purpose.
The purpose of this chapter is to establish performance
standards for covered buildings.
.02 Performance Standards.
A. Interim and final net direct emissions standards are set
forth below.
Table 1. Performance Standards.
|
|
Net Direct Emissions Standards Kg CO2e per square foot |
||
|
Property Type |
Interim Standard for 2030—2034 |
Interim Standard for 2035—2039 |
Final Standard for 2040 and beyond |
|
Adult Education |
2.34 |
1.17 |
0 |
|
Ambulatory Surgical Center |
1.76 |
0.88 |
0 |
|
Aquarium |
1.99 |
1.00 |
0 |
|
Bank Branch |
1.01 |
0.50 |
0 |
|
Bar/Nightclub |
1.70 |
0.85 |
0 |
|
Barracks |
0.57 |
0.29 |
0 |
|
Bowling Alley |
2.07 |
1.03 |
0 |
|
Casino |
1.03 |
0.52 |
0 |
|
College/University |
2.43 |
1.21 |
0 |
|
Convenience Store with Gas Station |
2.25 |
1.13 |
0 |
|
Convenience Store without Gas Station |
2.25 |
1.13 |
0 |
|
Convention Center |
0.39 |
0.19 |
0 |
|
Courthouse |
1.14 |
0.57 |
0 |
|
Data Center |
1.26 |
0.63 |
0 |
|
Distribution Center |
0.58 |
0.29 |
0 |
|
Enclosed Mall |
0.24 |
0.12 |
0 |
|
Fast Food Restaurant |
exempt |
exempt |
exempt |
|
Financial Office |
0.32 |
0.16 |
0 |
|
Fire Station |
1.70 |
0.85 |
0 |
|
Fitness Center/Health Club/Gym |
2.87 |
1.43 |
0 |
|
Food Sales |
2.25 |
1.13 |
0 |
|
Food Service |
exempt |
exempt |
exempt |
|
Heated Swimming Pool |
2.07 |
1.03 |
0 |
|
Hospital (General Medical and Surgical) |
6.10 |
3.05 |
0 |
|
Hotel |
1.47 |
0.74 |
0 |
|
Ice/Curling Rink |
2.07 |
1.03 |
0 |
|
Indoor Arena |
1.03 |
0.52 |
0 |
|
K-12 School |
exempt |
exempt |
exempt |
|
Laboratory |
5.35 |
2.68 |
0 |
|
Library |
1.92 |
0.96 |
0 |
|
Lifestyle Center |
0.91 |
0.46 |
0 |
|
Mailing Center/Post Office |
0.92 |
0.46 |
0 |
|
Medical Office |
0.18 |
0.09 |
0 |
|
Movie Theater |
0.78 |
0.39 |
0 |
|
Multifamily Housing |
0.82 |
0.41 |
0 |
|
Museum |
0.75 |
0.38 |
0 |
|
Non-Refrigerated Warehouse |
0.09 |
0.05 |
0 |
|
Office |
0.22 |
0.11 |
0 |
|
Other — Education |
1.59 |
0.80 |
0 |
|
Other — Entertainment/Public Assembly |
0.54 |
0.27 |
0 |
|
Other — Lodging/Residential |
0.002 |
0.001 |
0 |
|
Other — Mall |
1.40 |
0.70 |
0 |
|
Other — Other |
1.60 |
0.80 |
0 |
|
Other — Public Services |
2.12 |
1.06 |
0 |
|
Other — Recreation |
0.70 |
0.35 |
0 |
|
Other — Restaurant/Bar |
exempt |
exempt |
exempt |
|
Other — Services |
2.63 |
1.31 |
0 |
|
Other — Specialty Hospital |
6.10 |
3.05 |
0 |
|
Other — Stadium |
0.31 |
0.16 |
0 |
|
Other — Technology/Science |
0.001 |
0.001 |
0 |
|
Outpatient Rehabilitation/Physical Therapy |
1.76 |
0.88 |
0 |
|
Parking |
exempt |
exempt |
exempt |
|
Performing Arts |
2.38 |
1.19 |
0 |
|
Personal Services (Health/Beauty, Dry
Cleaning, etc.) |
2.17 |
1.09 |
0 |
|
Police Station |
1.52 |
0.76 |
0 |
|
Pre-school/Daycare |
2.45 |
1.23 |
0 |
|
Prison/Incarceration |
0.57 |
0.29 |
0 |
|
Race Track |
1.03 |
0.52 |
0 |
|
Refrigerated Warehouse |
1.37 |
0.69 |
0 |
|
Repair Services (Vehicle, Shoe, Locksmith, etc.) |
2.16 |
1.08 |
0 |
|
Residence Hall/Dormitory |
0.70 |
0.35 |
0 |
|
Residential Care Facility |
1.43 |
0.72 |
0 |
|
Restaurant |
exempt |
exempt |
exempt |
|
Retail Store |
0.60 |
0.30 |
0 |
|
Roller Rink |
2.07 |
1.03 |
0 |
|
Self-Storage Facility |
0.19 |
0.10 |
0 |
|
Senior Living Community |
1.43 |
0.72 |
0 |
|
Social/Meeting Hall |
1.53 |
0.76 |
0 |
|
Stadium (Closed) |
0.31 |
0.16 |
0 |
|
Stadium (Open) |
0.32 |
0.16 |
0 |
|
Strip Mall |
1.90 |
0.95 |
0 |
|
Supermarket/Grocery Store |
2.25 |
1.13 |
0 |
|
Transportation Terminal/Station |
2.22 |
1.11 |
0 |
|
Urgent Care/Clinic/Other Outpatient |
1.76 |
0.88 |
0 |
|
Vehicle Dealership |
2.23 |
1.12 |
0 |
|
Veterinary Office |
1.76 |
0.88 |
0 |
|
Vocational School |
2.34 |
1.17 |
0 |
|
Wholesale Club/Supercenter |
0.60 |
0.30 |
0 |
|
Worship Facility |
0.87 |
0.44 |
0 |
|
Zoo |
1.03 |
0.52 |
0 |
B. Reserved.
C. Interim and Final Standards for Mixed-Use Covered Buildings.
Area-weighted standards for net direct emissions
D. Achieving and Maintaining the Standards.
(1) Each covered building shall not exceed the
(2) Each covered building shall not exceed the net direct
emissions standards for 2035—2039 in each calendar year including 2035, 2036,
2037, 2038, and 2039, as determined on a yearly basis.
(3) Each covered building shall not exceed the net direct
emissions standards in calendar year 2040 and each calendar year thereafter, as
determined on a yearly basis.
26.28.04
Alternative Compliance and Special Provisions
Authority: Environment Article, §§1-404, 2-301, 2-302, 2-1205,
2-1602, Annotated Code of Maryland
.01 Alternative Compliance Pathway.
A. Alternative Compliance Pathway for Net Direct Emissions
Standards.
(1) In lieu of meeting the net direct emissions standards in
COMAR 26.28.03, the building owner shall come into compliance with the net
direct emissions standards by paying an alternative compliance fee for the
greenhouse gas emissions in excess of the net direct emissions standards.
(2) An alternative compliance fee shall be paid for every metric
ton of net direct emissions in excess of the net direct emissions standard in a
given calendar year. The fee shall be:
(a) $230 per metric ton of excess CO2e in 2020
dollars, adjusted for inflation, for 2030;
(b) $234 per metric ton of excess CO2e in 2020
dollars, adjusted for inflation, for 2031;
(c) $238 per metric ton of excess CO2e in 2020
dollars, adjusted for inflation, for 2032;
(d) $242 per metric ton of excess CO2e in 2020
dollars, adjusted for inflation, for 2033;
(e) $246 per metric ton of excess CO2e in 2020
dollars, adjusted for inflation, for 2034;
(f) $250 per metric ton of excess CO2e in 2020
dollars, adjusted for inflation, for 2035;
(g) $254 per metric ton of excess CO2e in 2020
dollars, adjusted for inflation, for 2036;
(h) $258 per metric ton of excess CO2e in 2020
dollars, adjusted for inflation, for 2037;
(i) $262 per metric ton of excess CO2e in 2020
dollars, adjusted for inflation, for 2038;
(j) $266 per metric ton of excess CO2e in 2020
dollars, adjusted for inflation, for 2039;
(k) $270 per metric ton of excess CO2e in 2020
dollars, adjusted for inflation, for 2040; and
(l) The fee rate increases by $4 per metric ton of CO2e per
calendar year in 2020 dollars, adjusted for inflation, in each calendar year
following 2040.
(3) The annual fee rate set forth in this chapter shall be
increased each calendar year by the percentage, if any, by which the Consumer
Price Index
B. Other Provisions. If covered building ownership changes in
2030 or any calendar year thereafter, then the owner of the building on
December 31st is responsible for compliance with this regulation and paying
alternative compliance fees or penalties for the calendar year ending on
December 31st and every calendar year thereafter until that person is no longer
the owner of the covered building.
.02 Exemptions.
A. Exemptions from Benchmarking and Performance Standard
Requirements. A building owner may apply for an exemption from the requirements
of this regulation for one calendar year when the building owner can provide
documentation showing that one of the following conditions are met:
(1) Financial distress;
(2) The covered building was not occupied for the entirety of
the calendar year being reported; or
(3) The covered building was demolished during the calendar year
for which benchmarking is required.
B. Exemption from Establishing Baseline Performance.
(1) The Department may, in its sole discretion, grant an
exemption from the requirement to establish baseline performance when, during
the baseline year, less than 50 percent of the floor area of the covered
building was occupied for at least 180 days and where the building owner
applies for such exemption.
(2) A covered building may not receive an exemption from the
requirement to establish baseline performance for more than 3 years.
C. Exemptions for Affordable Housing Providers.
(1) The Department may grant the application of reduced
alternative compliance fees to an affordable housing provider when the building
owner submits in writing such request by June 1st of each calendar year,
beginning in 2031 which demonstrates to the Department that it has made a good
faith effort, as demonstrated under §C(2) of this regulation.
(2) A good faith effort may be demonstrated to the Department by
submitting a copy of the application to a federal or Maryland administered
program that would make the building or buildings more energy efficient and/or
reduce greenhouse gas emissions. The submission shall also include the
benchmark report, intended scope of work, and estimated greenhouse gas
reductions expected from the intended scope of work to achieve at least the
applicable interim or final standard.
(3) An alternative compliance fee granted by the Department
under §C(1) of this regulation is good for one calendar year.
(4) A project that has applied to a program under §C(2) of this
regulation but has not yet completed the improvements, can submit a
confirmation received from the program administrator to the Department,
verifying the project's active participation status to satisfy the good faith
effort for another year.
(5) An alternative compliance fee granted by the Department
under §C(1) of this regulation does not exempt the owner from complying with
the benchmarking and reporting requirements in COMAR 26.28.02.
(6) An affordable housing provider may apply for the alternative
compliance fee annually.
.03 Option for Campus-Level Compliance.
A. The owner of a covered building may choose to meet net direct
emissions standards, as specified under this regulation, at the campus level
instead of the individual building level when two or more covered buildings
are:
(1) Connected to a district energy system;
(2) Served by the same electric or gas meter; or
(3) Served by the same heating or cooling system or systems,
which is not a district energy system.
B. Campus-level reporting shall include energy consumption and
greenhouse gas emissions for all buildings and stationary equipment located on
the campus, including all central plants, except as provided in §B(1) of this
regulation.
(1) Campus-level reporting does not include energy consumption
and greenhouse gas emissions from activities/sources that are excluded from the
benchmarking report requirements in COMAR 26.28.02.
(2) The owner of a campus shall report to the Department
annually by June 1st:
(a) Any permits to build new buildings or change the footprint
or usage of existing buildings on the campus; and
(b) Any buildings
(3) The Department shall, in consultation with the principal
owner of a campus, determine whether the affected buildings will be included in
campus-level compliance following the rules established in this chapter and
whether and how to adjust the campus’ interim and final performance standards.
C. Performance Standards for Campus-Level Compliance.
(1) For a campus that consists of one property type, the interim
and final net direct emissions standards are those that correspond with that
property type.
(2) For a campus that consists of more than one property type,
the interim and final net direct emissions
(3) Reserved.
(4) Achieving and Maintaining the Standards.
(a) Campus-level energy use shall not exceed the net direct
emissions standards for 2030—2034 in each calendar year including 2030, 2031,
2032, 2033, and 2034, as determined on a yearly basis.
(b) Campus-level energy use shall not exceed the net direct
emissions standards for 2035—2039 in each calendar year including 2035, 2036,
2037, 2038, and 2039, as determined on a yearly basis.
(c) Campus-level energy use shall not exceed the final net
direct emissions standards in calendar year 2040 and each calendar year
thereafter, as determined on a yearly basis.
SERENA MCILWAIN
Secretary of the
Environment
NOTICE OF PUBLIC REVIEW AND
COMMENT PERIOD
Cold Water Existing Use Determinations
In
accordance with Code of Maryland Regulations (COMAR) 26.08.02.04-1 and the Cold
Water Existing Use Determinations: Policy & Procedures which is
incorporated by reference into this regulation, the Department of Environment
is sharing for public review and comment,
seven (7) cold water existing use determination and rationale documents.
These existing use determination and rationale documents propose to apply
additional thermal protections to their respective streams through assignment
of a cool water existing use protection. The proposed existing use
determination and rationale documents are posted on the Department’s
website. Please visit the following link
for more information and to access the proposed documents: https://mde.maryland.gov/programs/water/TMDL/WaterQualityStandards/Pages/Existing-Use-Determinations.aspx
The
30-day public comment period for these seven (7) existing use determination and
rationale documents will open on September 6, 2024, and close on October 7,
2024. A public hearing will be held upon request. All existing use
determinations recommending changes to Use Classifications will also be
included within the public comment period and public hearing for the 2025
Triennial Review of Water Quality Standards.
Comments
may be sent to Melinda Cutler via email at melinda.cutler@maryland.gov or via
mail at the following address:
Ms
Melinda Cutler
Watershed
Protection, Restoration, and Planning Program
Maryland
Department of the Environment
1800
Washington Boulevard
Baltimore, MD 21230-1720
[24-18-11]
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.