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Maryland Register
Issue Date: December 13, 2024
Volume 51 • Issue 25 • Pages 1131 — 1175
IN THIS ISSUE
Judiciary
Regulatory Review and Evaluation
Regulations
Errata
Special Documents
General Notices
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Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before November 25, 2024 5 p.m.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 November 25, 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; Tracey A. Johnstone, Editor,
Maryland Register; 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 ................................................................... 1134
COMAR Research Aids
Table
of Pending Proposals ......................................................... 1135
Index of COMAR Titles Affected in
This Issue
COMAR
Title Number and Name Page
03 Comptroller of the Treasury ............................................ 1144
05 Department of Housing and Community
Development ................................................................ 1145
08 Department of Natural Resources .......................... 1147,1148
10 Maryland Department of Health .................... 1148,1150,1151
11 Department
of Transportation ................................. 1152,1153
13A State Board of Education ....................................... 1154,1158
13B Maryland Higher Education Commission ....................... 1142
14 Independent Agencies ..................................................... 1140
20 Public Service Commission ............................................. 1160
21 State Procurement Regulations ....................................... 1167
26 Department of the Environment ...................................... 1142
32 Maryland Department of Aging ...................................... 1168
36 Maryland State Lottery and Gaming
Control
Agency .......................................................................... 1170
PERSONS
WITH DISABILITIES
Individuals
with disabilities who desire assistance in using the publications and services
of the Division of State Documents are encouraged to call (410) 974-2486, or
(800) 633-9657, or FAX to (410) 974-2546, or through Maryland Relay.
The Judiciary
SUPREME COURT OF MARYLAND
DISCIPLINARY PROCEEDINGS
Regulatory
Review and Evaluation
OFFICE OF THE ATTORNEY GENERAL
Consumer Protection Division . 1139
Emergency
Action on Regulations
14 INDEPENDENT AGENCIES
PRESCRIPTION DRUG AFFORDABILITY BOARD
Cost
Review Study Process . 1140
Final
Action on Regulations
13B MARYLAND HIGHER EDUCATION
COMMISSION
ACADEMIC REGULATIONS
Academic
Programs—Degree-Granting Institutions . 1142
26 DEPARTMENT OF ENVIRONMENT
AIR QUALITY
Advanced
Clean Trucks Program .. 1142
26 DEPARTMENT OF ENVIRONMENT
Building Energy Performance Standards
Benchmarking
and Reporting . 1142
Proposed
Action on Regulations
03 COMPTROLLER OF THE TREASURY
Motor Fuel Tax
Motor
Fuel Inspection . 1144
05 DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT
REVITALIZATION PROGRAMS
Business
Facade Improvement Program .. 1145
08 DEPARTMENT OF NATURAL RESOURCES
FISHERIES SERVICE
Shellfish—General 1147
Endangered
and Threatened Species . 1148
10 MARYLAND DEPARTMENT OF HEALTH
MEDICAL CARE PROGRAMS
Pharmacy
Services . 1148
10 MARYLAND DEPARTMENT OF HEALTH
Nursing
Facility Services . 1148
10 MARYLAND DEPARTMENT OF HEALTH
Family
Planning Program .. 1150
MARYLAND HEALTHCHOICE PROGRAM
Maryland
Medicaid Managed Care Program: Non-Capitated Covered Services 1150
10 MARYLAND DEPARTMENT OF HEALTH
MEDICAL CARE PROGRAMS
Urgent
Care Centers . 1151
10 MARYLAND DEPARTMENT OF HEALTH
FOOD
Food
Service Facilities . 1151
11 DEPARTMENT OF TRANSPORTATION
TRANSPORTATION SERVICE HUMAN
RESOURCES SYSTEM
Leave
Benefits . 1152
11 DEPARTMENT OF TRANSPORTATION
MOTOR VEHICLE ADMINISTRATION—VEHICLE
REGISTRATION
Apportioned
Registration of Fleet Vehicles
. 1153
13A STATE BOARD OF EDUCATION
FAMILY CHILD CARE
Scope
and Definitions . 1154
Operational
Requirements . 1154
Inspections,
Complaints, and Enforcement 1154
Educational
Programs in Nonpublic Nursery Schools . 1154
13A STATE BOARD OF EDUCATION
Management
and Administration . 1158
Program
Requirements . 1158
CHILD CARE CENTERS
Management
and Administration . 1158
Program
Requirements . 1158
CHILD CARE—LETTERS OF COMPLIANCE
Management
and Administration . 1158
Program
Requirements . 1158
LARGE FAMILY CHILD CARE HOMES
Management
and Administration . 1158
Program
Requirements . 1158
20 PUBLIC SERVICE COMMISSION
COMMUNITY SOLAR ENERGY GENERATION
SYSTEMS
General 1160
[Pilot]
Program .. 1160
[Pilot]
Program Administration 1160
[Pilot]
Program [Study] Data . 1160
Consumer
Protection . 1160
21 STATE PROCUREMENT REGULATIONS
SOCIOECONOMIC POLICIES
Minority Business Enterprise Policies 1168
32 MARYLAND DEPARTMENT OF AGING
PROVIDER REGULATIONS
Certificate
of Registration for Continuing Care Facilities and Providers 1168
Certificate
of Registration for Continuing Care at Home Providers 1168
36 MARYLAND STATE LOTTERY AND GAMING
CONTROL AGENCY
LOTTERY PROVISIONS
Voluntary
Assignment of Monetary Prizes . 1170
Errata
COMAR 15.03.07………………………………………….1173
COMAR 15.03.11………………………………………….1173
Special Documents
DEPARTMENT OF THE ENVIRONMENT
WATER AND SCIENCE ADMINISTRATION
Water Quality Certification 24-WQC-0033 . 1174
General
Notices
COMMISSIONER OF FINANCIAL REGULATION
Bank
Merger 1175
MARYLAND HEALTH CARE COMMISSION
Public
Meeting . 1175
STATE COLLECTION AGENCY LICENSING
BOARD
Public
Meeting . 1175
MARYLAND VETERANS HOME COMMISSION
Public
Meeting . 1175
COMAR
Online
The Code of Maryland
Regulations is available at www.dsd.state.md.us as a free service of the Office
of the Secretary of State, Division of State Documents. The full text of
regulations is available and searchable. Note, however, that the printed COMAR
continues to be the only official and enforceable version of COMAR.
The Maryland Register is also available at www.dsd.state.md.us.
For additional information, visit www.dsd.maryland.gov, Division of State Documents, or call us at (410)
974-2486 or 1 (800) 633-9657.
Availability
of Monthly List of
Maryland Documents
The Maryland Department of
Legislative Services receives copies of all publications issued by State
officers and agencies. The Department prepares and distributes, for a fee, a
list of these publications under the title ‘‘Maryland Documents’’. This list is
published monthly, and contains bibliographic information concerning regular
and special reports, bulletins, serials, periodicals, catalogues, and a variety
of other State publications. ‘‘Maryland Documents’’ also includes local
publications.
Anyone wishing to receive
‘‘Maryland Documents’’ should write to: Legislative Sales, Maryland Department
of Legislative Services, 90 State Circle, Annapolis, MD 21401.
CLOSING
DATES AND ISSUE DATES THROUGH
December 2025†
|
Issue
Date
|
Emergency
and
Proposed
Regulations
5
p.m.*
|
Notices,
etc.
10:30
a.m.
|
Final
Regulations
10:30
a.m.
|
|
2024
|
|
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.
03 COMPTROLLER OF THE TREASURY
03.03.05.01-1 •
51:25 Md. R. 1144 (12-13-24)
05 DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT
05.20.05.02—.04• 51:25 Md. R. 1145 (12-13-24)
05.23.01.01—.04 • 51:22
Md. R. 966 (11-1-24)
07 DEPARTMENT OF HUMAN SERVICES
07.02.25.01—.24 • 51:19
Md. R. 861 (9-20-24)
08 DEPARTMENT OF NATURAL
RESOURCES
08.02.01.12 • 51:22 Md. R. 968 (11-1-24)
08.02.08.13• 51:25 Md. R. 1147 (12-13-24)
08.02.12.01,.03• 51:25 Md. R. 1148 (12-13-24)
08.02.11.01 • 51:23
Md. R. 1039 (11-15-24)
08.02.22.02 • 51:10 Md. R. 534 (5-17-24)
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)
09.11.09.02 • 51:15 Md. R. 713 (7-26-24)
09.13.07.02,.04 • 51:19
Md. R. 870 (9-20-24)
09.19.08.02 • 51:19
Md. R. 871 (9-20-24)
09.30.01.01—.10 • 51:24 Md. R. 1084 (12-2-24)
09.33.02.01—.09 • 50:25 Md. R. 1100 (12-15-23)
09.36.06.01 51:19 871
(9-20-24)
09.36.08.02 51:19 Md.
R. 871 (9-20-24)
09.36.08.02 • 50:25 Md. R. 1101 (12-15-23)
09.42.01.01—.03 • Md.
R. 929 (10-18-24)
09.42.02.01—.10 • Md.
R. 932 (10-18-24)
09.42.03.01—.10 • Md.
R. 933 (10-18-24)
09.42.04.01—.12 • Md.
R. 937 (10-18-24)
10 MARYLAND DEPARTMENT OF HEALTH
Subtitles 01—08
(1st volume)
10.09.03.04 —
.05 • 51:25 Md. R. 1148 (12-13-24)
10.07.14.01—.65 • 51:6 Md. R.
272 (3-22-24)
Subtitle 09 (2nd
volume)
10.09.10.07,
.08 • 51:25 Md. R. 1148
(12-13-24)
10.09.11.11 • 51:2 Md. R. 79 (1-26-24)
10.09.21.02—.06 • 51:2 Md. R. 82 (1-26-24)
10.09.24.02,.07,.12 • 51:2 Md. R. 79 (1-26-24)
10.09.39.02,.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)
10.09.58 .05,
.06 • 51:25 Md. R. 1150 (12-13-24)
10.09.77.05 • 51:25 Md. R. 1151 (12-13-24)
10.09.92.04,.05 • 51:1
Md. R. 38 (1-12-24)
10.15.03.27 • 51:25 Md. R. 1151 (12-13-24)
10.24.01.01,.03,.12,.21—.23 • 51:23 Md. R. 1042 (11-15-24)
10.24.20.01 • 51:23
Md. R. 1044 (11-15-24)
10.25.07.02,.09—.12
• 51:24 Md. R. 1086 (12-2-24)
10.25.10.01—.17,.19 •
Md. R. 969 (11-1-24)
10.25.18.01—.04,.08,.10,.13,.14
• 51:24 Md. R. 1088 (12-2-24)
Subtitles 37—52
(5th volume)
10.37.01.03 • 51:17 Md. R. 779 (8-23-24)
10.44.20.02 • 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)
10.67.08.03 • 51:25 Md. R. 1150 (12-13-24)
11 DEPARTMENT OF TRANSPORTATION
Subtitles 01—10
11.02.03.07—.20 • 51:25 Md. R. 1152 (12-13-24)
11.13.13.01—.03 • 51:23
Md. R. 1045 (11-15-24)
11.15.16.05 • 51:24 Md. R. 1093 (12-2-24)
11.15.22.14 • 51:25 Md. R. 1153 (12-13-24)
11.17.14.06 • 51:23
Md. R. 1046 (11-15-24)
11.18.04.01—.03,.04 • 51:24 Md. R. 1094 (12-2-24)
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.06.10.02 • 51:24 Md. R. 1095 (12-2-24)
13A.07.06.02,.08 • 51:20
Md. R. 902 (10-4-24)
13A.07.08.01—.06, 07,08 • 51:20 Md. R. 903 (10-4-24)
13A.08.01.17 •
51:24 Md. R. 1096 (12-2-24)
13A.12.01.05—.07 • 51:21
Md. R. 942 (10-18-24)
13A.12.02.06,.07 • 51:21
Md. R. 942 (10-18-24)
13A.12.02.03 • 51:21
Md. R. 942 (10-18-24)
13A.12.04.02,.06,.07,.13,.15
• 51:21 Md. R. 942 (10-18-24)
13A.12.05.06,.08,.10,.15
• 51:21 Md. R. 942 (10-18-24)
13A.14.15.01—.09 •
51:22 Md. R. 973 (11-1-24)
13A.15.01.02 • 51:25 Md. R. 1154 (12-13-24)
13A.15.03.03 • 51:25 Md. R. 1158 (12-13-24)
13A.15.04.03 • 51:25 Md. R. 1154 (12-13-24)
13A.15.09.01 • 51:25 Md. R. 1158 (12-13-24)
13A.15.13.09 • 51:25 Md. R. 1154 (12-13-24)
13A.15.16.01—.10 • 51:25 Md. R. 1154 (12-13-24)
13A.16.03.03 • 51:25 Md. R. 1158 (12-13-24)
13A.16.08.03 • 51:2 Md. R. 95 (1-26-24)
13A.16.09.02 • 51:25 Md. R. 1158 (12-13-24)
13A.16.10.02 • 51:2 Md. R. 95 (1-26-24)
13A.17.03.03 • 51:25 Md. R. 1158 (12-13-24)
13A.17.09.01 • 51:25 Md. R. 1158 (12-13-24)
13A.17.10.02 • 51:2 Md. R. 95 (1-26-24)
13A.18.03.03 • 51:25 Md. R. 1158 (12-13-24)
13A.18.09.02 • 51:25 Md. R. 1158 (12-13-24)
14 INDEPENDENT AGENCIES
14.01.04.05 • 51:22
Md. R. 978 (11-1-24)
14.01.04.05 • 51:25 Md. R. 1140 (12-13-24)
14.04.02.04 • 51:22
Md. R. 979 (11-1-24)
14.04.05.05• 51:22 Md.
R. 979 (11-1-24)
14.04.10.01—.06 • 51:22
Md. R. 979 (11-1-24)
14.04.11.01—.05 • 51:22
Md. R. 979 (11-1-24)
14.35.07.08,.11,.13,.18,.19 • 51:22 Md. R. 983 (11-1-24)
14.35.07.12 • 51:20
Md. R. 906 (10-4-24)
14.35.14.04 • 51:22
Md. R. 983 (11-1-24)
14.35.18.03,.04 •
51:17 Md. R. 789 (8-23-24)
14.39.02.05 • 51:20
Md. R. 907 (10-4-24)
14.39.02.12 • 51:23
Md. R. 1046 (11-15-24)
15 MARYLAND DEPARTMENT OF
AGRICULTURE
15.03.09.05 •
51:24 Md. R. 1096 (12-2-24)
15.03.11.02—.05,.08—.12,.15 • 51:24 Md. R. 1097 (12-2-24)
15.03.11.04—.07 • 51:24 Md. R. 1098 (12-2-24)
15.20.07.02 • 51:22 Md. R. 984 (11-1-24) (ibr)
15.20.13.01—.28 • 51:22 Md. R. 985 (11-1-24)
20 PUBLIC
SERVICE COMMISSION
20.62.01.01—
.03 • 51:25 Md. R. 1160
(12-13-24)
20.62.02.01—.04,
.06, .07,.09— .11 • 51:25 Md. R. 1160 (12-13-24)
20.62.03.02—.09 • 51:25 Md. R. 1160 (12-13-24)
20.62.04.01—.03
• 51:25 Md. R. 1160
(12-13-24)
20.62.05.01 • 51:25 Md. R. 1160 (12-13-24)
21 STATE PROCUREMENT REGULATIONS
21.01.02.01 • 51:23
Md. R. 1046 (11-15-24)
21.02.01.04,.05 • 51:23
Md. R. 1046 (11-15-24)
21.03.05,.02 • 51:23
Md. R. 1046 (11-15-24)
21.05.03.01 • 51:23
Md. R. 1046 (11-15-24)
21.05.07.06 • 51:23
Md. R. 1046 (11-15-24)
21.05.08.07 • 51:23
Md. R. 1046 (11-15-24)
21.05.12.02 • 51:23
Md. R. 1046 (11-15-24)
21.05.16.01—.05 • 51:23
Md. R. 1046 (11-15-24)
21.07.01.08,.26,.31 • 51:23
Md. R. 1046 (11-15-24)
21.07.02.05-2,.10 • 51:23
Md. R. 1046 (11-15-24)
21.07.03.06,.26,.27 • 51:23
Md. R. 1046 (11-15-24)
21.07.04.01,.02, • 51:23
Md. R. 1046 (11-15-24)
21.10.02.02 • 51:23
Md. R. 1046 (11-15-24)
21.10.08.01—.08 • 51:23
Md. R. 1047 (11-15-24)
21.11.01.01,.02,.05,.06 • 51:23 Md. R. 1047 (11-15-24)
21.11.03.16 • 51:25 Md. R. 1167 (12-13-24)
21.11.03.03,.17 • 51:23
Md. R. 1047 (11-15-24)
21.11.05.04,.06 • 51:23
Md. R. 1047 (11-15-24)
21.13.01.03 • 51:23
Md. R. 1046 (11-15-24)
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)
27 CRITICAL AREA COMMISSION FOR
THE CHESAPEAKE AND ATLANTIC COASTAL BAYS
27.01.01.01 • 51:22 Md. R. 996 (11-1-24)
27.01.02.01,.01-1,.02, 02-1, .02-2,
.03—.06,.06-1,.06-2,.06-3,.07,.08 • 51:22 Md. R. 996 (11-1-24)
27.01.03.02—.04 • 51:22 Md. R. 996 (11-1-24)
27.01.05.01,.02 • 51:22 Md. R. 996 (11-1-24)
27.01.06.02,.03 • 51:22 Md. R. 996 (11-1-24)
27.01.07.02,.03 • 51:22 Md. R. 996 (11-1-24)
27.01.08.03 • 51:22 Md. R. 996 (11-1-24)
27.01.09.01—.01-3,.01-6,.01-7,.02—.05 •51:22 Md. R. 996 (11-1-24)
27.01.10.01,.02 • 51:22 Md. R. 996 (11-1-24)
27.01.11.04—.06 • 51:22 Md. R. 996 (11-1-24)
27.01.12.06,.07 • 51:22 Md. R. 996 (11-1-24)
27.01.14.03.05,.06 • 51:22 Md. R.
996 (11-1-24)
27.02.01,.01 • 51:22 Md. R. 996 (11-1-24)
27.02.02.01,.02 • 51:22 Md. R. 996 (11-1-24)
27.02.03,.01,.02 • 51:22 Md. R. 996 (11-1-24)
27.02.04,.01,.02 • 51:22 Md. R. 996 (11-1-24)
27.02.05.01,,.03—.03-2,.04-1,.04-2,.06,.07,.08-2,.08-3,.09—.13,.15—.15-3
• 51:22 Md. R. 996 (11-1-24)
27.02.06.01 • 51:22 Md. R. 996 (1161-24)
27.02.07.01—.04 • 51:22 Md. R. 996 (11-1-24)
27.02.08,.01,.02 • 51:22 Md. R. 996 (11-1-24)
27.03.01,.01—.04,.05 • 51:22 Md. R.
996 (11-1-24)
30 MARYLAND INSTITUTE FOR
EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)
30.02.02.04,.06—.09 • 50:24 Md. R. 1061 (12-1-23)
31 MARYLAND INSURANCE
ADMINISTRATION
31.03.18.02,.17 • 51:21
Md. R. 946 (10-18-24)
31.04.18.02,.15 • 51:21
Md. R. 946 (10-18-24)
31.08.03.04,.05,.07,.08 • 51:22 Md. R. 1022 (11-1-24)
32 MARYLAND DEPARTMENT OF AGING
32.02.01.13,.22,.23,.36 • 51:25 Md. R. 1168 (12-13-24)
32.02.02.02,.10,.14,.16,.17,.31
• 51:25 Md. R. 1168
(12-13-24)
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)
34 DEPARTMENT OF PLANNING
34.04.04.04 • 51:22 Md. R. 1025 (11-1-24)
36 MARYLAND STATE LOTTERY AND GAMING CONTROL
AGENCY
36.01.01.01—.06 •
51:24 Md. R. 1099 (12-2-24)
36.01.03.01—.06,.08
• 51:24 Md. R. 1099 (12-2-24)
36.02.01.02 • 51:24
Md. R. 1099 (12-2-24)
36.02.02.01—.10 •
51:24 Md. R. 1099 (12-2-24)
36.02.03.01,.02 —.05, .06 —.15 • 51:24 Md. R. 1099 (12-2-24)
36.02.04.01—.07,.08 •
51:24 Md. R. 1099 (12-2-24)
36.02.05.01—.04 •
51:24 Md. R. 1099 (12-2-24)
36.02.07, .01,.02 •
51:24 Md. R. 1099 (12-2-24)
36.02.08.01—.09 • 51:25 Md. R. 1170 (12-13-24)
36.02.09, .01—.05 •
51:24 Md. R. 1099 (12-2-24)
36.03.10,.07,.12,.14,.20,.28,.38
• 51:23 Md. R. 1059 (11-15-24)
36.03.10.36 • 51:24
Md. R. 1118 (12-2-24)
36.04.02.02 • 51:23
Md. R. 1059 (11-15-24)
36.05.03.15 • 51:24
Md. R. 1118 (12-2-24)
36.08.01.02 • 51:23 Md. R. 1059 (11-15-24)
36.08.02.01 • 51:23 Md. R. 1059 (11-15-24)
36.08.03.01—.04,.06
• 51:23 Md. R. 1059 (11-15-24)
36.08.04.01,.03 • 51:23 Md. R. 1059 (11-15-24)
36.09.01.02 • 51:23 Md. R. 1059 (11-15-24)
36.09.02.01,.01—.06
• 51:23 Md. R. 1059 (11-15-24
36.09.03.01—.07 • 51:23 Md. R. 1059 (11-15-24)
36.09.04.01—.07 • 51:23 Md. R. 1059 (11-15-24)
36.09.05.01—.03 • 51:23 Md. R. 1059 (11-15-24)
36.10.12.03 • 51:23 Md. R. 1059 (11-15-24)
36.10.13.06,.37,.40,.45
• 51:23 Md. R. 1059 (11-15-24)
36.10.13.39
• 51:24 Md. R. 1118 (12-2-24)
36.10.14.06 • 51:23 Md. R. 1059 (11-15-24)
36.10.18.04,.05 • 51:23 Md. R. 1059 (11-15-24)
The Judiciary
SUPREME COURT OF MARYLAND
DISCIPLINARY PROCEEDINGS
This
is to certify that by an Opinion and Order of this Court dated November 22,
2024 FRANCIS EDWARD YEATMAN (CPF# 6210010100), as of November 22, 2024, Francis Edward Yeatman has been disbarred,
effective immediately, and his name has been stricken from the register of
attorneys in this Court. Notice of this action is given in accordance with
Maryland Rule 19-761(b).
* * * * * * * * * *
This is to certify that by an Order of this
Court dated November 25, 2024, EVAN STUART ELAN (CPF# 1612120001), as of November 25, 2024, Evan Stuart
Elan has been disbarred, effective immediately, and his name has been stricken
from the register of attorneys in this Court. Notice of this action is given in
accordance with Maryland Rule 19-761(b).
Regulatory Review and Evaluation
Regulations
promulgated under the Administrative Procedure Act will undergo a review by the
promulgating agency in accordance with the Regulatory Review and Evaluation Act
(State Government Article, §§10-130 — 10-139; COMAR 01.01.2003.20). This
review will be documented in an evaluation report which will be submitted to
the General Assembly’s Joint Committee on Administrative, Executive, and
Legislative Review. The evaluation
reports have been spread over an 8-year period (see COMAR 01.01.2003.20 for the schedule). Notice that an evaluation report is available
for public inspection and comment will be published in this section of the
Maryland Register.
Title 02
OFFICE OF THE ATTORNEY GENERAL
Subtitle 01 CONSUMER
PROTECTION DIVISION
Notice of Availability of Evaluation Report
Pursuant to Executive Order 01.01.2003.20, Implementation of
the Regulatory Review and Evaluation Act, notice is hereby given that the
Evaluation Reports concerning COMAR Title 02, Office of the Attorney General, Subtitle
.01 Consumer Protection Division, Chapters .01 through .10, are available for
public inspection and comment for a period of 60 days following the date of
this notice.
The reports may be reviewed by contacting Steven M. Sakamoto-Wengel, Consumer Protection Counsel for Regulation, Legislation and
Policy, Consumer Protection Division, 200 St. Paul Place, 16th
floor, Baltimore, MD 21202, by e-mail at stevesw@oag.state.md.us, or by phone at 410-576-6307.
Emergency Action on Regulations
Symbol Key
• Roman
type indicates text existing before emergency status was granted.
• Italic
type indicates new text.
• [Single brackets] indicate deleted text.
Emergency Regulations
Under State
Government Article, §10-111(b), Annotated Code of Maryland, an agency may
petition the Joint Committee on Administrative, Executive, and Legislative
Review (AELR), asking that the usual procedures for adopting regulations be set
aside because emergency conditions exist. If the Committee approves the
request, the regulations are given emergency status. Emergency status means
that the regulations become effective immediately, or at a later time specified
by the Committee. After the Committee has granted emergency status, the
regulations are published in the next available issue of the Maryland Register.
The approval of emergency status may be subject to one or more conditions,
including a time limit. During the time the emergency status is in effect, the
agency may adopt the regulations through the usual promulgation process. If the
agency chooses not to adopt the regulations, the emergency status expires when
the time limit on the emergency regulations ends. When emergency status
expires, the text of the regulations reverts to its original language.
Title 14
INDEPENDENT AGENCIES
Subtitle 01 PRESCRIPTION DRUG
AFFORDABILITY BOARD
14.01.04 Cost Review Study
Process
Authority: Health-General Article, §§21-2C-03(f)(1), 21-2C-08(b),
21-2C-09, Annotated Code of Maryland
Notice of Emergency Action
[24-136-E]
The Joint Committee on Administrative, Executive, and Legislative
Review has granted emergency status to amendments to Regulation .05
under COMAR 14.01.04. Cost Review Study Process.
Emergency status began:
November 14, 2024.
Emergency status
expires: May 13, 2025.
Estimate of Economic Impact
The emergency action has no economic impact.
Economic Impact on Small Businesses
The emergency action has minimal or no economic impact on small
businesses.
.05 Cost Review Study.
A. The Board may determine:
(1) (text unchanged)
(a) (text unchanged)
(b) High out-of-pocket costs for
patients; [and]
(2) (text unchanged)
(a) (text unchanged)
(b) Standard medical practice[.]; and
(3) Identify
the circumstances under which the prescription drug product has or will lead to
an affordability challenge to the State health care system or high
out-of-pocket costs to patients under §A(1) of this regulation.
B. Analyses and
Data Compilation.
(1) (text unchanged)
(2) These data and analyses may be:
(a)—(e) (text unchanged)
(f) Derived from the MCDB, any claims set
of the MCDB, and any other databases containing relevant information;
[or]
(g) Derived from reports generated by
U.S. governmental entities, state governmental entities, foreign
governmental and quasi-governmental agencies, and U.S. and foreign non-profit
organizations; or
(h) Derived
from quantitative and qualitative data collected by Board staff.
C. Factors
Considered in Cost Review Study.
(1) To the extent practicable, the Board
may consider the following data, information, and analyses in conducting a cost
review study:
(a)—(b) (text
unchanged)
(c) Therapeutic Alternatives:
(i) The average
price concession, discount, or rebate the manufacturer provides or is expected
to provide to health plans in the State for therapeutic alternatives; [and]
(ii) The WAC, AWP, NADAC, SAAC, ASP, and
FSS at which each therapeutic alternative has been sold in the State; and
(iii) The utilization, costs, and
out-of-pocket costs for therapeutic alternatives;
(d) Patient Access:
(i) —(ii) (text
unchanged)
(iii) The current or expected dollar
value of drug-specific patient access programs that are supported by the
manufacturer for the drug product under review and the policies surrounding
and implementing such programs;
(e)—(f) (text unchanged)
(g) Additional Board Factors:
(i)—(x) (text
unchanged)
(xi) Analysis of the market context of
the prescription drug product including the prescription drug product’s
lifecycle management, patent management, regulatory exclusivities, and product
[copying] hopping;
(xii) The utilization and pricing of
therapeutically equivalent drug products;
(xiii) Analysis of the impact of state
and federal regulatory and compliance issues related to the prescription drug
product;
(xiv) Input from state and
local governmental entities and the entities’ contractors such as health plans
and plan administrators;
(xv) Impact of the utilization and
spending for the prescription drug product on public budgets and comparison of
the spending on the prescription drug product to relevant benchmarks;
(xvi) Analyses and research including
literature review by Board staff in response to information submitted by an
entity under Regulation .04 of this chapter, or through any public comment or
public input procedure
[(xii)] (xvii) Input from the
public; and
[(xiii)] (xviii) Information and
analyses submitted by an entity under Regulation .04 of this chapter.
(2) (text unchanged)
D. At an open meeting, the Board may:
(1)—(4) (text unchanged)
(5) Preliminarily
[Determine] determine whether:
(a)—(b) (text unchanged)
E. (text unchanged)
F. Preliminary Determination.
(1) In accordance with §C of this regulation, the
Board may make a preliminary determination of whether use
of the prescription drug product has led or will lead to affordability
challenges for the State health care system or high out-of-pocket costs for
patients.
(2) A preliminary determination is non-final and
subject to revision and modification.
(3) Preliminary
Determination of Affordability Challenge.
(a) Board staff shall
prepare a draft of the preliminary determination cost review report that
summarizes the information considered by the Board in conducting the cost
review study, the Board’s deliberations, the circumstances or indicia
reflecting the affordability challenge, and the Board’s preliminary
determination.
(b) The public may
comment on the draft of the preliminary determination
cost review report.
[F.]
G. Final
Determination Concerning Affordability Challenge and Final Cost Review
Study Report.
(1) The Board may vote
to finalize the preliminary determination and approve the draft cost review
report as final.
(2) The Board’s
determination of whether a prescription drug has or will lead to an
affordability challenge is not final until the final cost review report is
adopted by the Board.
(3) The Board shall create
and adopt a final report of the cost review study that, to the extent permitted
by Health-General Article, §§21-2C-03 and 21-2C-10, Annotated Code of Maryland,
summarizes the information considered by the Board in conducting the cost
review study, the Board’s deliberations, and the Board’s determination.
ANDREW W. YORK
Executive Director
Final Action on Regulations
Symbol Key
• Roman type
indicates text already existing at the time of the proposed action.
• Italic
type indicates new text added
at the time of proposed action.
• Single underline, italic indicates new text added at the time of final
action.
• Single
underline, roman indicates existing text added at the time of final action.
• [[Double
brackets]] indicate text deleted at the time of final action.
Title 13B
MARYLAND HIGHER EDUCATION COMMISSION
Subtitle 02 ACADEMIC REGULATIONS
13B.02.03 Academic
Programs—Degree-Granting Institutions
Authority: Education Article, Title 11, Annotated Code of Maryland
Notice of Final Action
[24-127-F]
On November 20, 2024, the Maryland Higher Education Commission
adopted amendments to Regulations .02, .03, .06, and .20
under COMAR 13B.02.03 Academic Programs—Degree-Granting Institutions.
This action, which was proposed for adoption in 51:20 Md. R. 905—906 (October
4, 2024), has been adopted as proposed.
Effective Date: January 31, 2025.
SANJAY RAI, PH.D.
Secretary of Higher Education
Title 26
DEPARTMENT OF ENVIRONMENT
Subtitle 11 AIR QUALITY
26.11.43 Advanced Clean Trucks
Program
Authority: Environment Article, §§1-404, 2-102, 2-103, 2-301,
2-1102, 2-1103, and 2-1103.1, Annotated Code of Maryland
Notice of Final Action
[24-095-F]
On November 21, 2024, the Secretary of the Environment adopted
amendments to Regulation .04 under COMAR 26.11.43 Advanced Clean
Trucks Program. This action, which was proposed for adoption in 51:19 Md.
R. 872 — 873 (September 20, 2024), has been adopted as proposed.
Effective Date: December 23, 2024.
SERENA MCILWAIN
Secretary of the Environment
Title 26
DEPARTMENT OF ENVIRONMENT
Subtitle 28 Building Energy
Performance Standards
Authority: Environment Article, §§1-404, 2-301, 2-302, 2-1205,
2-1602, Annotated Code of Maryland
Notice of Final Action
[24-079-F-I]
On December 2, 2024, the Secretary of the Environment adopted 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 a new chapter, COMAR
26.28.04 Alternative Compliance and Special Provisions.. This action, which
was proposed for adoption in 51:18 Md. R. 830—839 (September 6, 2024), has been
adopted with the nonsubstantive changes shown below.
Effective Date: December 23, 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:
COMAR 26.28.02.05: This revision corrects an inadvertent reference
to the undefined term “Performance baseline” and replaces it with the intended
term “Baseline Performance,” as defined in the regulation. It is reasonable to
expect that those involved in the rulemaking process would have understood
“performance baseline” to carry the same meaning as the defined term “Baseline
Performance” and would have anticipated a correction to the phrasing. This
correction does not change the meaning of the provision and therefore does not
substantively or meaningfully alter the benefits achieved or the burdens that
would have been imposed by the regulation as proposed.
26.28.02
Benchmarking and Reporting
Authority: Environment
Article, §§1-404, 2-301, 2-302, 2-1205, 2-1602, Annotated Code of Maryland
.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)]] A.
— [[ (2)]] B. (proposed text unchanged)
[[(3)]]C.
Provide to the prospective buyer the following information:
[[(a)]](1) [[Performance
baseline;]] Baseline performance; and
[[(b)]](2) (proposed text unchanged)
SERENA MCILWAIN
Secretary
Proposed Action on Regulations
Title 03
COMPTROLLER OF THE TREASURY
Subtitle 03 Motor Fuel Tax
03.03.05 Motor Fuel Inspection
Authority: Business Regulation Article, §10-202 and Title 10,
Subtitle 4; Tax-General Article, §2-103; Annotated Code of Maryland
Notice of Proposed Action
[24-201-P]
The Comptroller of the
Treasury proposes to amend Regulation .01-1 under COMAR 03.03.05
Motor Fuel Inspection.
Statement of Purpose
The purpose of this action
is to align Maryland gasoline specifications to the new industry version of
American Society for Testing and Materials International (ASTM) D4814-24a
updated by the international industry authority in July of 2024.
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
Krista Sermon, Deputy Director, Legal Division, Comptroller of the Treasury, PO
Box 2983 Annapolis, MD 21404, or call
410-260-7319, or email to ksermon@marylandtaxes.gov. Comments will be accepted
through January 13, 2025. A public hearing has not been scheduled.
.01-1
Standard Specifications for Gasoline.
A.—B. (text unchanged)
C. [Distillation*
(ASTM D-86).]Distillation. Except as provided in §C(5) of this
regulation, the rates of evaporation under the ASTM D-86 standards for the
stated months of the year are:
(1) Evaporation — [December-January-February-March]
during the months of, January, February, March, and December
(a) (text unchanged)
(b) 50 percent — [66°C
(150°F)]62.8°C (145°F) minimum
(c)—(f) (text unchanged)
(2) Evaporation — [April-October-November]
during the months of April, October, and November
(a) (text unchanged)
(b) 50 percent — [66°C
(150°F)]62.8°C (145°F) minimum
(3) Evaporation — May
through September 15
(a) (text unchanged)
(b) 50 percent—[66°C]77°C
[150 °F](170°F) minimum
(c)—(g) (text unchanged)
(4) (text unchanged)
[* An allowance of +/- 15 days will be
permitted to accommodate the receipt of new product and disbursement of old
stock from the fixed change-over date, with the following exceptions: product
required for the volatility period beginning May 1 is acceptable up to 45 days
before May 1; product for the volatility period beginning September 16 shall be
acceptable only on or after September 16.]
(c)—(f) (text unchanged)
(3) Evaporation — May
through September 15
(a) (text unchanged)
(b) 50 percent—[66°C]77°C
[150 °F](170°F) minimum
(c)—(g) (text unchanged)
(4) (text unchanged)
(5) To accommodate for
the receipt of new product and disbursement of old stock, the following
allowances are made from the fixed change-over date:
(a) Product complying
with the specifications for the volatility period beginning May 1 is acceptable
up to 45 days before May 1;
(b) Product complying
with the specifications for the volatility period beginning September 16 is
acceptable only on or after September 16; and
(c) Product complying
with the specifications for any other volatility period is acceptable 15 days
before or after the fixed change-over date.
D. Vapor Pressure.
(1) The vapor pressure of
gasoline may not exceed the following limits when tested in accordance with
ASTM Test Method D-5191 or as otherwise required under COMAR 03.03.06:
(a) 103 kPa (15.0 psi)
during the months of January, February, [March,] and December;
(b) 93 kPa (13.5 psi) during
the months of March, April, October, and November;
(c)—(d) (text
unchanged)
(e) 79 kPa (11.5 psi) [from]
September 16 [--] through September 30, inclusive.
(2)—(3) (text unchanged)
E. [V/L Ratio* (ASTM
D-5188) Temperature, °C (°F) for a Vapor-Liquid Ratio of 20 Minimum.] V/L
Ratio. Except as provided in §E(4) of this regulation, the V/L Ratio
Temperature in °C (°F) for a Vapor-Liquid Ratio of 20 Minimum under ASTM-D5188
standards is:
(1) 39°C (102°F) [(December-January-February-March)]
during the months of January, February, and December.
(2) 42°C (107°F) [(April-October-November)]during
the months of March, April, October, and November
(3) 47°C (116°F) [(May-June-July-August-September)]during
the months of May, June, July, August, and September.
[*An allowance of +/- 15 days will be permitted
to accommodate the receipt of new product and disbursement of old stock from
the fixed change-over date, with the following exceptions: product complying
with the May specifications is allowed as early as March 16 and product
complying with the September 16 -- September 30 specifications is not allowed
before September 16.]
(4) To accommodate for
the receipt of new product and disbursement of old stock, the following
allowances are made from the fixed change-over date:
(a) Product complying
with the specifications for the volatility period beginning May 1 is acceptable
on or after March 16;
(b) Product complying
with the specifications for the volatility period beginning September 16 is
acceptable only on or after September 16; and
(c) Product complying
with the specifications for any other volatility period is acceptable 15 days
before or after the fixed change-over date for that volatility period.
F. (text unchanged)
G. Sulfur (ASTM [D-2622-94]D-2622-21 or ASTM
D-7039).
(1)—(2) (text unchanged)
H.—M. (text unchanged)
N. Oxygen Content.
(1) Gasoline shall meet the
oxygen content requirements specified in §N(2)—(4) of this regulation when
tested in accordance with ASTM Test Method [D-4 815-89]D-4815-22
or as otherwise required under COMAR 03.03.06.
(2)—(3) (text unchanged)
(4) Phase Separation.
Oxygenated gasoline shall consist of a single homogenous mixture, presenting no
indication of phase separation when tested at the following temperatures in
accordance with the test methods described in [Annex A-1] X8
of ASTM Specification [D-4814-96]D-4814-24a, as follows:
(a)—(i)
(text unchanged)
BROOKE E. LIERMAN
Comptroller of the Treasury
Title 05
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
Subtitle 20 REVITALIZATION PROGRAMS
05.20.05 Business Facade
Improvement Program
Authority: Housing and Community Development Article, §§2-102(a)(7)
and 6-1103, Annotated Code of Maryland
Notice of Proposed Action
[24-194-P]
The Secretary of Housing and Community Development proposes to amend
Regulations .02—.04 under COMAR 05.20.05 Business Façade Improvement
Program.
Statement of Purpose
The purpose of this action is to expand eligible recipients to
include community development organizations under the Business Façade
Improvement Program.
Estimate of Economic Impact
I. Summary of Economic Impact. The purpose of this proposed
action is to describe policies and procedures for administering the Business Façade
Improvement Program under House Bill 510 (Chapter 158) in the 2024 Maryland
General Assembly session. The purpose of the program is to assist qualified
businesses with improving the outside appearance of buildings and facilities.
House Bill 510 expanded eligible applicants under the program to include
community development organizations (CDO’s) that serve at least one designated
Sustainable. Community. This is consistent with the way the Department financed
many façade improvements. Each local government or community development
organization that receives Program funds must then distribute grants to
qualified businesses that apply for a grant. Both DHCD, the local governments
and community development organizations that receive program funds must establish
an application process and award criteria, as appropriate. Beginning in fiscal 2025, the Governor is
mandated to include an appropriation of $5,000,000 in the annual budget bill to
the program. A full-time staff (grade 17, step 11 project manager is required
beginning in fiscal 2025, concurrent with the mandated program funding under HB
703 (2023).
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
NONE
|
|
|
B. On other State agencies:
|
NONE
|
|
|
C. On local governments:
|
|
|
|
Local Governments
|
(R+)
|
Indeterminable
|
|
|
Benefit
(+)
Cost
(-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
NONE
|
|
|
E. On other industries or
trade groups:
|
|
|
|
Nonprofit Community
Development Organizations
|
(+)
|
Indeterminable
|
|
F. Direct and indirect
effects on public:
|
|
|
|
Public
|
(+)
|
Indeterminable
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
C. Local governments may benefit from increased revenue associated
with improvements to business facades and facilities funded through community
development organizations. However, the magnitude of the benefit cannot be
determined.
E. Nonprofit community development organizations may benefit from
additional funding to support business façade improvements, and an improved
local business climate. The magnitude of the benefit cannot be determined.
F. The public will benefit from improved physical appearance of
business facades and facilities, as well as increased economic activity and
local revenue associated with improvements to business facades and facilities.
The magnitude of this benefit cannot be determined.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has an impact on individuals with disabilities
as follows:
Improvements to business façades and facilities that improve
accessibility, such as improvements to doorways and ramps, are eligible
expenses under the program. As a result, the program may have a positive impact
on persons with disabilities.
Opportunity for Public Comment
Comments may be sent to John Papagni, Program Officer of the
Division of Neighborhood Revitalization, Department of Housing and Community
Development, 7800 Harkins Road, Lanham, Maryland 20706, or call 301-429-7670 ,
or email to john.papagni@maryland.gov. Comments will be accepted through
January 13, 2025. A public hearing has not been scheduled.
.02 Definitions.
A. In this chapter, the following terms have the meanings
indicated.
B. Terms Defined.
(1)—(3) (text unchanged)
(4)”Community development
organization” means an organization that meets the requirements of Housing and
Community Development Article, §6-203, Annotated Code of Maryland.
[(4)] (5)— [(5)] (6) (text unchanged)
[(6)] (7) “Grantee” means a
political subdivision or community
development organization that receives funds under the Program.
[(7)] (8)— [(13)] (14) (text unchanged)
.03 Eligible Applicants and Uses.
A. A grantee shall meet the following minimum requirements:
(1) Be a political subdivision
or a community development organization;
(2)—(3) (text unchanged)
(4) [Have] Serve
at least one sustainable community; and
(5) (text unchanged)
B. (text unchanged)
.04 Applications.
A. (text unchanged)
B. An application submitted to the Department shall:
(1) (text unchanged)
(2) Be submitted by [a
political subdivision] an eligible applicant;
(3) Identify the sustainable communities within its jurisdiction or service area;
(4)—(12) (text unchanged)
C.— D. (text unchanged)
JACOB DAY
Secretary Housing and Community Development
Title 08
DEPARTMENT OF NATURAL RESOURCES
Subtitle 02 FISHERIES SERVICE
Notice of Proposed Action
[24-123-P]
The Secretary of Natural
Resources proposes to:
(1) Adopt new Regulation .13
under COMAR 08.02.08 Shellfish—General; and
(2) Amend Regulations .01
and .03 under COMAR 08.02.12 Endangered and Threatened Fish Species.
Statement of Purpose
The purpose of this action is to change the word “conversation” to
“conservation” in the definition of “Species in need of conservation” and to
protect all species of freshwater mussels in the order Unionoida by declaring
them as in need of conservation and prohibiting their possession and sale.
In Regulation .01, the proposed action changes the word
conversation to conservation. This action is necessary to correct a clerical
error and prevent the public from misunderstanding the intent of the regulation
because the wrong word was used. In Regulation .03, the proposed action adds
all species of freshwater mussels in the order Unionoida to the list of species
in need of conservation. The proposed action makes it clear that a person may
not take, possess, transport, export, process, sell, offer for sale, deliver,
carry, or ship any freshwater mussels in the order Unionoida. The proposed
action includes exceptions for freshwater mussels that are caught incidentally
during other activities and for freshwater mussels that are caught outside of
Maryland's jurisdiction. This action is necessary to prevent the further
depletion of freshwater mussel species and is based on the current status of
the populations, fisheries activities, and biological and management
considerations.
BiologyFreshwater mussels occur globally.
Approximately 300 species are found in North America with diversity greatest in
the Southeast and Midwest. There are 16 native freshwater mussel species in
Maryland out of approximately 300 species found in North America. They have
been documented as the most imperiled animal group because of their slow
growth, long-lifespan, sensitivity to pollution and habitat degradation, and
complex life history, with a majority being considered rare, threatened,
endangered, or extinct. In Maryland, freshwater mussels have been reported in
all river basins of the Chesapeake Bay; however, several species only exist in
a few small, isolated populations due to invasive species, pollution, habitat
degradation, or lack of host fish, and often in specific habitats. Those mussel
species found primarily distributed in tidal waters due to their specific host
fish are particularly vulnerable to population declines and possibly
extirpation if mortality rates increase from harvest. They are a native,
keystone species important to the quality of benthic habitat in Maryland's
tidal freshwater.
Freshwater mussels are a member of Unionidae
and an important component of North American aquatic assemblages. They consume
algae, bacteria, and particulate organic matter by filter feeding and provide
resources to aquatic vegetation, macroinvertebrates, fish, and small mammals.
This species' diverse family of bivalves has existed for over 100 million years
in North America, remaining nearly indistinct evolutionarily from extinct
ancestors. Some evolutionarily derived characteristics, such as their parasitic
larva, called a glochidia, are found only within the family and the closely
related Margaritiferidae and nowhere else within the
over 9,200 species of bivalves worldwide. Additionally, some mussel species
have adapted a portion of their mantle tissue to mimic the prey of their
obligate host fish in order to infect them with glochidia.
The species complex has a wide diversity of life history traits
that can be characterized by opportunistic, periodic, and equilibrium
strategies that evolved with the high diversity of mussel species that address
the unpredictable conditions in the aquatic environment (e.g., river flow) and
high juvenile mortality. In the Chesapeake Bay watershed, adult mussels can be
as small as 40 mm and as large as 150 mm, have life spans from 10 to 100 years,
and reach sexual maturity in as little as one year. Little is known about the
fecundity of mussel species, but it can vary by several orders of magnitude
across species. There are different reproductive strategies as well. Long-term
brooders typically spawn in the fall, overwinter their gametes, and either
release glochidia into the water column or actively attract a host fish.
Short-term brooders typically spawn in the early spring to late summer and
release glochidia several weeks later in mucus or packets into the water
column. Without encountering and encysting on a specific species of host-fish,
these glochidia will not metamorphose into a juvenile mussel and complete the
reproductive cycle. Glochidia and juvenile freshwater mussels have been
regularly shown to be very sensitive to common pollutants at levels well below
those set for the protection of surface waters, thus making recruitment
difficult.
Fisheries and Economic Considerations
Commercial fisheries for freshwater mussels are restricted to
portions of Tennessee and Kentucky to support the culture pearl industry in
Japan. Historically, fisheries for buttons existed throughout the large rivers
of the Midwest and southeastern U.S. but crashed due to overharvest unregulated
industrial pollution, and the development of synthetic plastics.
Recreational harvest for freshwater mussels is largely unknown, in
part because it is not allowed in most states, but likely consists of harvest
for bait and to a lesser extent personal consumption. Although freshwater
mussels were historically a commercially valuable species in the Midwest and
southeastern U.S., there have never been directed fisheries for them in
Maryland. Mussel species found in Maryland were likely never exploited because
their size at maturity does not provide for a large enough shell to produce
buttons or pearl nuclei.
Management Framework
Freshwater mussels are currently managed by the U.S. Fish and
Wildlife Service (USFWS) and individual states. Several species of freshwater
mussels are already protected by Maryland regulations, but the proposed action
expands the protection to all freshwater mussels. Prohibiting the harvest of
freshwater mussels in Maryland is consistent with the recreational limits in
Pennsylvania, Virginia, and West Virginia. This action provides consistency
with adjacent jurisdictions and heightened protections for a group of species
that are recognized as largely being in decline and protected from take by
other regulations, such as the Nongame and Endangered Species Conservation Act
(Natural Resources Article, §10-2A-01 et. seq., Annotated Code of Maryland) or
the federal Endangered Species Act.
Because mussel species are difficult to distinguish from one
another, there is potential liability if someone collects a protected species,
and any amount of harvest could lead to an increase in extinction risk. There
is also a potential for the species composition in Maryland to change due to
environmental and climate changes, so it is necessary to list the entire order.
Adding all species of freshwater mussels in the order Unionoida to the “in need
of conservation” list allows the Department to conserve the species in
alignment with national and state criteria and recommendations.
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
Freshwater Mussels, Regulatory Staff, Maryland Department of Natural Resources,
580 Taylor Avenue, E-4, Annapolis, MD 21401, or call 410-260-8300, or email to
or submit comments at: https://dnr.maryland.gov/fisheries/pages/regulations/changes.aspx
#INOC. Comments will be accepted through January 13, 2025. A public hearing has
not been scheduled.
08.02.08 Shellfish—General
Authority: Natural Resources Article, §4-2A-03, Annotated Code of
Maryland
.13 Freshwater Mussels.
A. Definition.
(1) In this regulation, the following term has the meaning
indicated.
(2) Term Defined. “Freshwater mussel” means all species of
freshwater mussels in the order Unionoida.
B. Prohibition of Catching, Possession, or Sale of Freshwater Mussels. Except as provided in §C of this regulation, a person may not catch,
offer for sale, purchase, or possess any freshwater mussel caught in Maryland
waters.
C. Exceptions.
(1) The incidental catching of any freshwater mussel is not
considered a violation of this regulation if the freshwater mussel is
immediately returned unharmed to the water.
(2) The provisions of §A of this regulation do not prohibit the
entry into the State or possession, transportation, exportation, processing,
sale, offer for sale, or shipment of any freshwater mussels which were caught
in waters not under Maryland jurisdiction if the person engaging in the
activity demonstrates by a bill of sale that the freshwater mussels were
lawfully taken and lawfully removed from another jurisdiction.
08.02.12 Endangered and
Threatened Species
Authority: Natural Resources Article, §4-2A-03, Annotated Code of
Maryland
.01 Definitions.
A.—B. (text unchanged)
(1) (text unchanged)
(2) “Species in need of conservation” means any species which:
(a)—(b) (text unchanged)
(c) Has been determined by the Secretary to be in need of [conversation]
conservation measures for its continued ability to sustain itself
successfully.
(3) (text unchanged)
.03 Listing of Species.
A. The following species are listed as in need of conservation:
(1)—(19) (text unchanged)
(20) Cobia (Rachycentron canadum); [and]
(21) Longnose gar (Lepisosteus osseus); and
(22) All species of freshwater mussels in the order Unionoida.
B. (text unchanged)
JOSH KURTZ
Secretary of Natural
Resources
Title 10
MARYLAND DEPARTMENT OF HEALTH
Subtitle 09 MEDICAL CARE PROGRAMS
10.09.03 Pharmacy Services
Authority: Health-General Article, §§2-104(b), 15-103, 15-103.1,
15-105, 15-118, and 15-148 Annotated Code of Maryland
Notice of Proposed Action
[24-200-P]
The Secretary of Health proposes to amend Regulations .04 — .05
under COMAR 10.09.03 Pharmacy Services.
Statement of Purpose
The purpose of this action is
to:
(1) Include coverage of legend
drugs that are not otherwise covered (including drugs authorized for import by
the US Food and Drug Administration) when medically necessary during drug
shortages identified by the US Food and Drug Administration (FDA); and
(2) Remove limitations of
ovulation stimulants in instances of iatrogenic infertility.
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 Jordan Fisher Blotter, Director, Office of Regulation
and Policy Coordination, Maryland Department of Health, 201 West Preston
Street, Room 534 Baltimore, Maryland 21201, or call 410-767-0938, or email to
mdh.regs@maryland.gov. Comments will be accepted through January 13, 2025. A
public hearing has not been scheduled.
.04 Covered Services.
A.—B. (text unchanged)
C. The Department may cover legend drugs not otherwise covered
by §A of this regulation when:
(1) The drugs are identified as necessary to address a drug
shortage as identified by the United States Food and Drug Administration; and
(2) The Department determines the coverage of the drugs
medically necessary.
.05 Limitations.
A. Except as specifically identified as being covered under
Regulation .04 of this chapter, the following are not covered:
(1) — (15) (text unchanged)
(16) Ovulation stimulants[;] unless used to treat
an iatrogenic infertility;
(17) — (20) (text unchanged)
B. — E. (text unchanged)
LAURA HERRERA SCOTT
Secretary of Health
Title 10
MARYLAND DEPARTMENT 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 Proposed Action
[24-188-P]
The Secretary of Health proposes to amend Regulations .07
and .08 under COMAR 10.09.10 Nursing Facility Services.
Statement of Purpose
The purpose of this action is to:
(1) Update the budget adjustment factor for Fiscal Year 2025 (COMAR
10.09.10.07); and
(2) Extend the sunset date for the Interim Working Capital Fund for
one year and reinstate the May 1 due date for nursing facilities to repay
Interim Working Capital funds (COMAR 10.09.10.08).
Estimate of Economic Impact
I. Summary of Economic Impact. In accordance with the Fiscal
Year 2025 Budget, the proposed action will increase the Maryland Medicaid
reimbursement rate to nursing facilities by 3 percent for dates of service
beginning July 1, 2024. In addition, the
extension of working capital advances will result in loss of potential interest
income to the State.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
|
|
|
(1) Maryland Department
of Health
|
(R-)
|
$629,312
|
|
(2) Maryland Department
of Health
|
(E+)
|
$45,861,696
|
|
B. On other State agencies:
|
NONE
|
|
|
C. On local governments:
|
NONE
|
|
|
|
|
|
|
|
Benefit
(+)
Cost
(-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
|
|
|
(1) Nursing facility
providers
|
(+)
|
$629,312
|
|
(2) Nursing facility
providers
|
(+)
|
$45,861,696
|
|
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). The interim working capital fund will provide a projected
$15,424,320 to providers during Fiscal Year 2025, resulting in loss of
potential interest income of $629,312 based on a rate of return of 4.080
percent. This amount is 100 percent General Funds.
A(2). The average Maryland
Medical Assistance reimbursement for nursing facilities services will increase
by three (3) percent for dates of service beginning July 1, 2024. Under the
provisions of this amendment, the updated rate represents an increase of $8.87
per day of care.
Based on a projected 5,170,428 days of care in Fiscal Year 2025, this increase
represents a cost to the State of $45,861,696. This amount is 50 percent
general funds and 50 percent federal funds from July 1, 2024 through June 30,
2025 for a total state share of $22,930,848.
D(1). Providers will benefit from the State’s loss of potential
interest income in the amount of $629,312 due to providing working capital
advances.
D(2). Reimbursement for nursing facilities will increase by
$45,861,696 based on the methodology described above.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has an impact on individuals with disabilities
as follows:
The proposed action is expected to result in a higher quality of
care for the many individuals with disabilities who are served in nursing
facilities.
Opportunity for Public Comment
Comments may be sent to Jordan Fisher Blotter, Director, Office of
Regulation and Policy Coordination, Maryland Department of Health, 201 West
Preston Street, Room 534,Baltimore, MD 21201, or call 410-767-0938, or email to
mdh.regs@maryland.gov. Comments will be accepted through January 13, 2025. A
public hearing has not been scheduled.
.07 Prospective Rates.
A.—F. (text unchanged)
G. Final facility rates for the period July 1, [2023]
2024 through June 30, [2024] 2025 shall be each
nursing facility’s quarterly rate, exclusive of the amount identified in
Regulation .13A(2) of this chapter, increased by the budget adjustment factor
of [2.298] 2.703 percent, plus the Nursing Facility
Quality Assessment add-on identified in Regulation .11E of this chapter and the
ventilator care add-on amount identified in Regulation .13A(2) of this chapter
when applicable.
.08 Interim Working Capital Fund.
A.—G. (text unchanged)
H. The Interim Working Capital Fund expires on May 1, [2024]
2025. Providers shall repay all outstanding funds to the Department by [August]
May 1, [2024] 2025. The Department may grant repayment
extensions, not longer than 60 days, under extraordinary circumstances.
LAURA HERRERA SCOTT
Secretary of Health
Title 10
MARYLAND DEPARTMENT OF HEALTH
Notice of Proposed Action
[24-202-P]
The Secretary of Health proposes to:
(1) Amend Regulations .05 and .06
under COMAR 10.09.58 Family Planning Program; and
(2) Amend Regulation .03 under
COMAR 10.67.08 Maryland Medicaid Managed Care Program: Non-Capitated Covered
Services.
Statement of Purpose
The purpose of this action is to expand Medical Assistance benefits
to include coverage of abortions performed in accordance with the
Health-General Article, §15-103, Annotated Code of Maryland for pregnant women
and individuals enrolled in the Family Planning Program.
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed action allows
coverage of abortions for individuals enrolled with Medicaid under the Family
Planning Program. The Fiscal Year 2025 impact is anticipated to be
$5,928,963.77 and accounts for both the cost of providing additional abortion
services, and the anticipated increase in enrollment due to the coverage of
abortion services for this population.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
|
|
|
Maryland Department of Health
|
(E+)
|
$5,928,963.77
|
|
B. On other State agencies:
|
NONE
|
|
|
C. On local governments:
|
NONE
|
|
|
|
|
|
|
|
Benefit
(+)
Cost
(-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
|
|
|
Maryland Medicaid Providers
|
(+)
|
$5,928,963.77
|
|
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 and D. This amount assumes:
(1) The rate for abortion services in $617 per participant;
(a) An estimated 645 additional
individuals will have access to abortion services;
(b) The expected additional cost to
cover these abortions is $397,840.01 a year;
(c) Abortions are subject to a 0
percent federal match, meaning this cost will be paid for with 100 percent
general funds;
(2) Coverage of abortions for individuals with Pregnancy Eligibility or Family
Planning Eligibility will increase the number of individuals enrolled with
Maryland Medicaid by an estimated 645 individuals;
(a) This expanded coverage will be
attainable by both citizen and noncitizen individuals;
(b) An anticipated 329 noncitizens
will be covered for a total cost of $6,367,288.40;
(c) An anticipated 204 citizens will
be covered during the prenatal period and for 12 months postpartum at a cost of
$5,092,799.13;
(d) The total cost of coverage for
citizens, during pregnancy and the postpartum period, and noncitizens is
$11,460,087.53, which is subject to a 58.3 percent blended federal match;
(3) The total annual cost, including the expanded coverage and abortion
services, is $11,857,927.54;
(4) Given an effective date of January 1, 2025, the proposed action will cost
$5,928,963.77 in Fiscal Year 2025.
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 Jordan Fisher Blotter, Director, Office of
Regulation and Policy Coordination, Maryland Department of Health, 201 West
Preston Street, Room 534 Baltimore, Maryland 21201, or call 410-767-0938, or
email to mdh.regs@maryland.gov. Comments will be accepted through January 13,
2025. A public hearing has not been scheduled.
Subtitle 09 MEDICAL CARE PROGRAMS
10.09.58 Family Planning
Program
Authority: Health-General Article, §§2-104(b), 15-103, and 15-105,
Annotated Code of Maryland
.05 Covered Services.
The following services are covered under this chapter:
A.—E. (text unchanged)
F. Permanent sterilization only when performed according to
criteria in 42 CFR Part 441, Subpart F, Sterilizations, as amended, and when
the appropriate forms are:
(1) (text unchanged)
(2) Available in the medical record for review; [and]
G. Human papillomavirus vaccine[.]; and
H. Abortions performed in accordance with Health-General
Article, §15-103, Annotated Code of Maryland.
.06 Limitations.
A. The following services are not covered:
(1) (text unchanged)
[(2) Therapeutic abortion;]
[(3)] (2)—[(7)] (6) (text
unchanged)
B.—I. (text unchanged)
Subtitle 67 MARYLAND
HEALTHCHOICE PROGRAM
10.67.08 Maryland Medicaid
Managed Care Program: Non-Capitated Covered Services
Authority: Health-General Article, §§2-104(b), 15-103, and 15-105,
Annotated Code of Maryland
.03 Nonbehavioral Health Fee-For-Service Benefits.
An MCO may not be required to provide any of the following benefits
or services that are reimbursed directly by the Department:
A.—L. (text unchanged)
M. Services provided to members participating in the State's Health
Home Program as described in COMAR 10.09.33; [and]
N. Applied behavioral analysis (ABA) services as described in COMAR
10.09.28[.]; and
O. Abortions performed in accordance with Health-General
Article, § 15-103, Annotated Code of Maryland.
LAURA HERRERA SCOTT
Secretary
Title 10
MARYLAND DEPARTMENT OF HEALTH
Subtitle 09 MEDICAL CARE PROGRAMS
10.09.77 Urgent Care Centers
Authority: Health-General Article, §§2-104(b), 15-103, and 15-105,
Annotated Code of Maryland
Notice of Proposed Action
[24-191-P]
The Secretary of Health proposes to amend Regulation .05
under COMAR 10.09.77 Urgent Care Centers.
Statement of Purpose
The purpose of this action is to amend the Urgent Care Center
regulations to include an exception to the immunization limitation for tetanus
and rabies vaccines.
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 Jordan Fisher Blotter, Director, Office of
Regulation and Policy Coordination, Maryland Department of Health, 201 West
Preston Street, Room 534, Baltimore, MD 21201, or call 410-767-0936, or email
to mdh.regs@maryland.gov. Comments will be accepted through January 13, 2025. A
public hearing has not been scheduled.
.05 Limitations.
The Program does not cover the following:
A.—E. (text unchanged)
F. Immunizations[;], except for:
(1) Tetanus; and
(2) Rabies;
G.—I. (text unchanged)
LAURA HERRERA SCOTT
Secretary of Health
Title 10
MARYLAND DEPARTMENT OF HEALTH
Subtitle 15 FOOD
10.15.03 Food Service
Facilities
Authority: Health General Article, §§18-102, 21-101, 21-102,
21-211, 21-234, 21-301, 21-330.1, Annotated Code of Maryland
Notice of Proposed Action
[24-189-P]
The Secretary of Health proposes to amend Regulation .27 under
COMAR 10.15.03 Food Service Facilities.
Statement of Purpose
The purpose of this action is to avert a potentially discriminatory
and inequitable effect of regulations adopted pursuant to Health General
Article, §21-330.1, Annotated Code of Maryland, on the Amish and Mennonite
communities. At-home producers of certain foods are exempt from the standard
food service facility regulations under the allowances granted to “cottage food
businesses.” This type of business consists of at-home food production in which
a person/business has under $50,000 gross receipts, prepares food products in a
private kitchen, sells products only in the State, and is limited to selling
select non-hazardous foods only. When selling cottage food products, each
product is required to have a label identifying the name and address of the
cottage food business, or the name, phone number, and unique identification
number provided by MDH. When offered for sale in retail establishments, the
label must additionally include an email address of the cottage food business.
The State has an interest in requiring a phone number/email address
to contact the makers of food products sold in Maryland in order to react
quickly to complaints and adverse food-related events. Without a means to
contact food producers quickly, the State may be delayed in locating and
identifying the cause of a foodborne outbreak, which could lead to further
injury to the public. Further,
businesses have an interest in being contacted quickly and efficiently, so that
the State can rapidly conclude if they are not likely to have been responsible
for the outbreak.
The Amish and Mennonite communities in Maryland do not have
personal phones or email addresses. To legally market their cottage food
products, those communities need an alternative to providing a personal phone
number/email address, such as providing a designee’s phone number/email
address. While the statute and regulations do not explicitly prohibit this, the
regulated community felt uncertain about whether the wording allowed this. In response to requests from multiple
stakeholders, the Department is seeking this modification to the regulation to
clarify that the phone numbers/email addresses do not need to be a cottage food
business’s direct personal contact information so long as MDH is able to
contact the business.
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 Jordan Fisher Blotter, Director, Office of
Regulation and Policy Coordination, Maryland Department of Health, 201 West
Preston Street, Room 34 Baltimore, Maryland 21201, or call 410-767-0938, or
email to mdh.regs@maryland.gov. Comments will be accepted through January 13,
2025. A public hearing has not been scheduled.
.27 Farmer's Market, Bake Sales, and Cottage Food Business.
A.—B. (text unchanged)
C.
Cottage Food Business.
(1)—(7) (text unchanged)
(8) The phone number required
in §§C(1)(c)(i) and (viii) of this regulation shall
enable contact with the cottage food business by the Department within 24
hours.
(9) The email address
required in §C(1)(c)(i) of this regulation shall
enable contact with the cottage food business by the Department within 48
hours.
D. (text unchanged)
LAURA HERRERA SCOTT
Secretary of Health
Title 11
DEPARTMENT OF TRANSPORTATION
Subtitle 02 TRANSPORTATION SERVICE
HUMAN RESOURCES SYSTEM
11.02.03 Leave Benefits
Authority: State Personnel and Pensions Article, §§9-1106 and
9-1108; Transportation Article, §§2-102 and 2-103.4; Annotated Code of Maryland
Notice of Proposed Action
[24-170-P]
The Secretary of Transportation proposes to amend Regulation .07,
adopt new Regulations .08 and .20, amend and recodify existing
Regulation .10 to be Regulation .11, and recodify existing
Regulations .08, .09, and .11—.18 to be Regulations .09,
.10, and .12—.19 under COMAR 11.02.03 Leave Benefits.
Statement of Purpose
The purpose of this action is to
update definitions and establish guidelines for Bereavement Leave
pursuant to S.B 109, State Employee - Parental Bereavement Leave, Acts of 2024;
and update Military and Disaster Service Leave from 15 paid leave days in a 12
-month time to 30 and adopt new Regulation .20 Disaster Service Leave pursuant
to H.B. 580 Time to Serve Act 2024.
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 Carlisa Bydume,
Legislation & Policy Analyst, The Secretary's Office, 7201 Corporate Center
Dr., Hanover, MD 21076, or call
410-865-1206, or email to cbydume@mdot.maryland.gov. Comments will be accepted
through January 13, 2025. A public hearing has not been scheduled.
.07 Sick Leave.
A. (text unchanged)
B. Eligibility.
(1) —(3) (text unchanged)
[(4) Death in an Employee's
Immediate Family. A maximum of 5 days may be charged to sick leave in the event
of a death in the immediate family of an employee or an employee's spouse.
Immediate family includes an employee's spouse and the employee's or spouse's:
(a) Children, foster
children, or stepchildren;
(b) Parents, stepparents,
foster parents, others who took the place of parents, or legal guardians;
(c) Brothers or sisters;
(d) Grandparents or
grandchildren; and
(e) Other relatives living
as members of the employee's household.
(5) Bereavement Leave. An
employee may elect to receive up to 3 days of bereavement leave instead of 3 of
the 5 sick days in §B(4) of this regulation upon the death of certain members
of the employee's family. Bereavement leave is allotted leave with pay that may
be used on the death of the following members of the employee's family:
(a) Spouse of the
employee;
(b) Children, including
foster children and stepchildren of the employee;
(c) Parents, stepparents,
or foster parents of the employee;
(d) Brothers and sisters
of the employee; and
(e) Grandparents and
grandchildren of the employee.
(6) Death of Employee's
Other Relatives. A maximum of 1 day may be charged to sick leave in the event
of the death of one of the following relatives:
(a) Aunts and uncles of an
employee or spouse;
(b) Nephews and nieces of
an employee or spouse;
(c) Brothers-in-law and
sisters-in-law of an employee or spouse; and
(d) Sons-in-law and
daughters-in-law.
(7) If the sick leave
required in connection with a death in a family is in excess of the limits
specified in §B(4) and (5) of this regulation, an employee may, with
appropriate approval, use accumulated annual, personal, or compensatory leave.]
C.—I. (text unchanged)
.08 Bereavement Leave.
A. Definitions.
(1) “Bereavement leave” means a form of allotted leave with pay
that can only be used for the death of an employee’s family member.
(2) “Immediate family” means the following individuals related
to the employee or an employee’s spouse:
(a) Children, foster children, or stepchildren;
(b) Parents, stepparents, foster parents, others who took the
place of parents, or legal guardians;
(c) Brothers or sisters;
(d) Grandparents or grandchildren; and
(e) Other relatives living as members of the employee's
household.
(3) “Child” means an adopted, biological, or foster child, a
stepchild, or a legal ward, who is at least 6 months old and younger than 27
years old.
(4) Infant means an adopted, biological, or foster child, a
stepchild, or legal ward, who is younger than 6 months old.
B. Eligibility.
(1) Death in an Employee's Immediate Family. A maximum of 5 days
may be charged to sick leave in the event of a death in the immediate family of
an employee or an employee's spouse.
(2) Bereavement Leave. An employee may elect to receive up to 3
days of bereavement leave with pay and 2 days sick leave on the death of the
following family members:
(a) Spouse of the employee;
(b) Children, including foster children and stepchildren of the
employee or employee’s spouse;
(c) Parents, stepparents, or foster parents of the employee;
(d) Brothers and sisters of the employee; and
(e) Grandparents and grandchildren of the employee.
(3) An employee may receive up to 10 days of bereavement leave
with pay within 60 days after the death of the employee’s child.
(4) An employee may receive up to 60 days of bereavement leave
with pay within 60 days after:
(a) The employee experiences a stillbirth, or;
(b) The death of the employee’s infant.
(5) An employee may use parental bereavement leave only after
notifying the employee’s appointing authority of the employee’s intention to
use parental bereavement leave. An employee’s appointing authority may not
require an employee entitled to parental bereavement leave to use any other
paid leave available to the employee.
(6) Death of Employee's Other Relatives. A maximum of 1 day may
be charged to sick leave in the event of the death of one of the following
relatives:
(a) Aunts and uncles of an employee or spouse;
(b) Nephews and nieces of an employee or spouse;
(c) Brothers-in-law and sisters-in-law of an employee or spouse;
and
(d) Sons-in-law and daughters-in-law.
(7) If the sick leave required in connection with a death in a
family is in excess of the limits specified, an employee may, with appropriate
approval, use accumulated annual, personal, or compensatory leave.
[.10] .11 Other Forms of Leave with Pay.
A. (text unchanged)
B. Obligated Military
Service. An employee who is a member of the organized Militia or the Army,
Navy, Air Force, Coast Guard, or Marine Reserves, is entitled annually to not
more than [15] 30 days of leave for military training.
C.—D. (text unchanged)
.20 Disaster Service Leave.
A. Eligibility.
(1) On request, an employee may be entitled to disaster service
leave with pay if:
(i)
The employee is certified by the American Red Cross as a disaster service
volunteer: and
(ii) The American Red Cross requests the services of the
employee during a disaster that is designated at Level II or above in the
regulations and procedures of the National Office of the American Red Cross; or
(2) The employee is a member of:
(i) The Civil Air Patrol;
(ii) The United States Coast Guard Auxiliary;
(iii) Maryland Voluntary Organizations Active in Disaster;
(iv) A volunteer emergency medical services department;
(v) A volunteer fire department;
(vi) A volunteer rescuer company of volunteer rescue squad; or
(vii) A Community Emergency Response team.
B. General.
(1) An employee may use up to 30 days of disaster service leave
in any 12-month period only after obtaining approval from the employee’s
appointing authority or the appointing authority’s designee.
(2) An employee will continue to earn credit for service while
using disaster service leave.
(3) An employee using disaster leave will be paid at the
employee's regular rate of pay. Acting pay is not included.
(4) An employee will continue to earn annual and sick leave
while on disaster service leave.
(5) Health insurance benefits are continued while using disaster
service leave.
(6) For purposes of Worker’s Compensation, including work injury
leave, and the Maryland Tort Claims Act, while an employee is using disaster
service leave, the employee is not considered a State employee.
PAUL J. WIEDEFELD
Secretary of
Transportation
Title 11
DEPARTMENT OF TRANSPORTATION
Subtitle 15 MOTOR VEHICLE
ADMINISTRATION—VEHICLE REGISTRATION
11.15.22 Apportioned
Registration of Fleet Vehicles
Authority: Transportation Article, §12-406, Annotated Code of
Maryland
Notice of Proposed Action
[24-160-P]
The Administrator of Motor Vehicle Administration proposes to amend Regulation .14 under COMAR
11.15.22 Apportioned Registration of Fleet Vehicles.
Statement of Purpose
The purpose of this action is to
update and clarify registration fees for apportionable non-dump services
vehicles and dump services vehicles.
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 Tracey C. Sheffield, Regulations
Coordinator, MVA, 6601 Ritchie Highway N.E., Room 200,
Glen Burnie, MD 21062, or call 410-768-7545, or email to
tsheffield@mdot.maryland.gov. Comments will be accepted through January 15,
2025. A public hearing has not been scheduled.
.14 Fees.
A. General. Registration fees for apportionable [vehicles]
vehicle services shall be determined as follows[:].
(1) For Non-Dump Service Vehicles.
(a) Obtain the percentage factor
for each member jurisdiction by dividing the miles travelled in each
jurisdiction by the total fleet miles accrued during the [preceding year]
reporting period. The Maryland mileage shall include the following:
[(a)] (i)—[(b)]
(ii) (text unchanged)
[(2)] (b) —[(3)] (c)
(text unchanged).
(2) For Dump Service Vehicles.
(a)
Obtain the percentage factor for each member jurisdiction by dividing the miles
travelled in each jurisdiction by the total fleet miles accrued during the reporting
period. The Maryland mileage shall include the following:
(i)Mileage
accrued within Maryland; and
(ii) Mileage accrued in
any nonmember jurisdiction which does not apportion registration fees, but
which grants reciprocity.
(b) Multiply the fee
for each vehicle for each jurisdiction, except Maryland, by the percentage
factor obtained in §A(2)(A) of this regulation for each jurisdiction.
(c) Add the total
Maryland registration fee to the products resulting from each computation to
determine the total fee for registration of all vehicles in each jurisdiction
for the registration year.
B. —L. (text unchanged)
CHRISTINE NIZER
Administrator
Title 13A
STATE BOARD OF EDUCATION
Subtitle 15 FAMILY CHILD CARE
Notice of Proposed Action
[24-179-P]
The State Board of Education proposes to:
(1) Amend Regulation .02 under COMAR
13A.15.01 Scope and Definitions;
(2) Amend Regulation .03 under COMAR
13A.15.04 Operational Requirements;
(3) Amend Regulation .09 under COMAR
13A.15.13 Inspections, Complaints, and Enforcement; and
(4) Adopt new Regulations .01—.10
under new chapter COMAR 13A.15.16 Educational Programs in Nonpublic Nursery
Schools. This action was considered
by the State Board of Education at their September 24, 2024 meeting.
Statement of Purpose
The purpose of this action is to allow family child care programs
to operate as a nonpublic nursery school. As a result, family child care
providers would also be eligible to participate in an approved preparation
program and therefore in public pre-kindergarten.
Estimate of Economic Impact
I. Summary of Economic Impact. The purpose of the amendments
to the family child care regulations found at COMAR 13A.15 is to add a
nonpublic nursery school component similar to what already exists in the Child
Care Center, Letter of Compliance, and Large Family Child Care Home regulations. The economic impact of this change may
include added costs to MSDE for processing applications and added costs to
family child care providers who choose to add an education program to their
business. Giving this option to family
child care providers may make them more competitive with the other types of
child care facilities, because now parents will have the option to keep their
child in a small home-like setting while also having access to an education
program for school readiness. To the
extent operating a nonpublic nursery school is more expensive (e.g.,
curriculum, additional staff), a secondary impact could be increased tuition at
family child care homes that choose to participate.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
|
|
|
(1) Maryland State
Department of Education
|
(E+)
|
$520,000
|
|
B. On other State agencies:
|
NONE
|
|
|
C. On local governments:
|
NONE
|
|
|
|
|
|
|
|
Benefit
(+)
Cost
(-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
|
|
|
(1) Nonpublic Nursery
Schools
|
(+)
|
$5,620,000
|
|
E. On other industries or
trade groups:
|
NONE
|
|
|
F. Direct and indirect
effects on public:
|
NONE
|
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
A(1). Cost for licensing staff time.
D(1). Family child care homes requesting approval to operate a
nonpublic nursery school will need to purchase curriculum, instructional
materials and additional equipment prior to submitting the request for approval
Economic Impact on Small Businesses
The proposed action has a meaningful economic impact on small
businesses. An analysis of this economic impact follows:
(1) If a family child care home chooses to
operate as a nonpublic nursery school, it would need an owner/operator or staff
member with teacher qualifications, and would also need to purchase curriculum,
instructional materials, and equipment at an estimated cost of $5,000 to $6,560
per nursery school.
(2) If the family child care home cares for
children birth to age 2, it would also be required to pay an Additional Adult
to supervise the children birth to age 2 during the operation of the
educational program for older children in care, at an estimated cost of $21,840
annually ($14 an hour for 6 hours per day, 260 business days).
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Keisha Maxwell, Administrator of Policy and
Special Projects, Division of Early Childhood, Maryland State Department of
Education, 200 West Baltimore Street, Baltimore, MD 21201, or call
410-767-7852, or email to earlychildhoodregs.msde@maryland.gov. Comments will
be accepted through January 13, 2025. 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 February 25, 2025 at 9 a.m.,
at 200 West Baltimore Street, Baltimore, MD 21201.
13A.15.01 Scope and Definitions
Authority: Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312,
9.5-320, 9.5-321 and 9.5-414; Family Law Article, §§5-550—5-558; General
Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of
Maryland
Agency Note: Federal Statutory Reference — Americans with
Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994
(20 U.S.C. §6081 et seq.); Child Care Development Block Grant (45 CFR Parts 98
and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(22) (text unchanged)
(23) “Nursery school” means
an educational program:
(a) For children who are 2
years old, 3 years old, 4 years old, or any sequence of these ages; and
(b) That, unless approved by
the Department before July 1, 2007, to operate for more than 6 hours per day,
may not operate in excess of 6 hours per day.
[(23)](24)—[(26)](27) (text unchanged)
(28) “Preschooler” means a child who:
(a) Is 2 years old or older;
and
(b) Does not attend
kindergarten or a higher grade.
[(27)](29)—[(31)](33) (text unchanged)
(34) “School age child” means
a child younger than 13 years old who attends a public or nonpublic school in
grades kindergarten or above.
[(32)](35)—[(36)](39) (text unchanged)
13A.15.04 Operational Requirements
Authority: Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312,
9.5-320, and 9.5-321; General Provisions Article, §4-333; Human Services
Article, §1-202; Annotated Code of Maryland
Agency Note: Federal Statutory Reference — Americans with
Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994
(20 U.S.C. §6081 et seq.); Child Care Development Block Grant (45 CFR Parts 98
and 99 and 42 U.S.C. 9858 et seq.); Social Security Act §418 (42 U.S.C. 618)
.03 Child Capacity.
A.—B. (text unchanged)
C. The maximum total capacity
of a family child care home in which the provider also operates an educational
program may not exceed eight children, of whom not more than two may be younger
than 2 years old.
[C.] D.—[E.] F. (text unchanged)
13A.15.13 Inspections, Complaints, and Enforcement
Authority: Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312,
9.5-320, and 9.5-321; General Provisions Article, §4-333; Human Services
Article, §1-202; Annotated Code of Maryland
Agency Note: Federal Statutory Reference — Americans with
Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994
(20 U.S.C. §6081 et seq.); Child Care Development Block Grant (45 CFR Parts 98
and 99 and 42 U.S.C. 9858 et seq.); Social Security Act §418 (42 U.S.C. 618)
.09 Civil Citations.
A.—C. (text unchanged)
D. Appeals.
(1) (text unchanged)
(2) Appeals are conducted in accordance with the provisions of
COMAR [13A.15.14] 13A.15.15.
13A.15.16 Educational Programs in Nonpublic Nursery Schools
Authority: Education Article, §§9.5-301—9.5-308,
9.5-310—9.5-312, 9.5-320, 9.5-321 and 9.5-414; Family Law Article,
§§5-550—5-558; General Provisions Article, §4-333; Human Services Article,
§1-202; Annotated Code of Maryland
Agency Note: Federal Statutory Reference — Americans with
Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994
(20 U.S.C. §6081 et seq.); Child Care Development Block Grant (45 CFR Parts 98
and 99 and 42 U.S.C. 9858 et seq.); Social Security Act §418 (42 U.S.C. 618)
.01 Purpose and Scope.
This chapter establishes
requirements for approval to operate an educational program in a nonpublic
nursery school located in a residence that is registered as a family child care
home.
.02 Definitions.
A. In this chapter, the
following terms have the meanings indicated.
B. Terms Defined.
(1) “Certificate of approval”
means the document issued by the State Board to the legal authority responsible
for governing and operating a school if the school has met the requirements of
this chapter.
(2) “Child care home
registration” means the document issued by the Department pursuant to this
subtitle that authorizes the recipient to operate a family child care home.
(3) “Class” means a group of
students scheduled to report regularly to a teacher at a particular time and
place for the implementation of an educational program.
(4) “Department” means the
State Department of Education.
(5) “Department
representative” means an individual designated by the Department to determine
compliance with this chapter.
(6) “Educational program”
means an organized program of instruction that:
(a) Is provided by a teacher; and
(b) Meets the requirements of Regulation .07 of this chapter.
(7) “Institution of higher
education (IHE)” means a college or university that is accredited by an
accrediting commission of one of the regional associations of colleges and
schools.
(8) “Montessori program”
means an educational program based on the pedagogical philosophy of Dr. Maria
Montessori, as reflected in the program’s teacher qualifications, curriculum,
instructional methods, and materials and equipment.
(9) “Nursery school” means an
educational program for children who are 2 years old, 3 years old, 4 years old,
or any consecutive sequence of these ages.
(10) “Office” means the
central office or a regional office of the Department’s Division of Early
Childhood, Office of Child Care.
(11) “State Board” means the
Maryland State Board of Education.
(12) “Teacher” means a family
child care provider:
(a) Provides instruction to
children enrolled in an educational program; and
(b) Meets the requirements of
Regulation .06B of this chapter.
.03 Approval to Operate an
Educational Program — General Requirements.
A. A family child care
provider may be approved to operate an educational program in a nonpublic
nursery school only if:
(1) The provider holds a
valid registration to operate a family child care home;
(2) The educational program
would not be operated in the living space of the residence where the child care
home is located; and
(3) If the provider has
enrolled children under the age of 2 the provider has a staff member that meets
the requirements of Regulation .06.02A, E(2), and F of this subtitle.
B. Unless a provider chooses
to cease operating an educational program, approval to operate the program,
once granted, shall continue as long as the:
(1) Child care home
registration remains in effect;
(2) Educational program is
operated according to the terms under which approval to operate was granted;
and
(3) Provider remains in full
compliance with all applicable requirements of this chapter.
C. Approval to operate an
educational program in a nonpublic nursery school becomes void if the nonpublic
nursery school’s approval is suspended or revoked, or the child care home
registration is suspended or revoked and the provider:
(1) Does not appeal the
suspension or revocation action; or
(2) Appeals the suspension or
revocation action and the action is upheld through the administrative hearing
process or notice of deficiencies hearing before the State Board in accordance
with Education Article, §2-206, Annotated Code of Maryland.
D. A provider who has ceased
operating an educational program subject to the requirements of this chapter
shall promptly return to the office the child care home registration that
certifies approval to operate the educational program.
E. A certificate of approval
to operate an educational program that was issued to the provider prior to
January 1, 2012, shall remain in effect.
.04 Approval to Operate an
Educational Program -Specific Requirements.
A. Application for Approval.
(1) Application for approval
shall be made in a manner and form and according to timelines established by
the office.
(2) The applicant shall
submit all information that the office considers necessary in order to
ascertain compliance with the requirements of this chapter.
(3) A provider who is already
approved to operate an educational program may not apply for approval to
operate another educational program if the educational program for which the
provider is currently approved is not in full compliance with all applicable
requirements of this chapter.
B. When the office is
satisfied that the requirements of this chapter have been met, the office shall
issue to the applicant a child care home registration that certifies approval
to operate an educational program.
C. The child care home
registration shall specify the terms under which approval to operate an
educational program has been granted, including the:
(1) Hours, days, and months
of approved operation; and
(2) Ages of children who may
be enrolled in the program.
D. If the provider intends to change the terms
under which approval has been granted, the provider shall:
(1) Notify the office in
writing at least 60 days before the occurrence of any change or changes; and
(2) Furnish any information
the office considers necessary to approve the change or changes planned by the
provider.
E. A provider may not seek
approval of a change in the terms of the approval under any one or combination
of the following circumstances:
(1) The educational program
demonstrates an area or areas of noncompliance;
(2) The office has received
and is investigating a complaint alleging that the educational program is in
violation of one or more regulations under this chapter;
(3) The office is
implementing a sanction or an enforcement action against the child care home
registration; or
(4) A deficiency hearing is
pending before the State Board in accordance with Education Article, §2-206,
Annotated Code of Maryland.
F. Notwithstanding the
requirement established in §E of this regulation, a provider may seek approval
of a change in the terms of the approval if approval of the change is the means
for the provider to demonstrate compliance with this chapter.
G. A provider may not
implement a change in the terms of approval until the office has issued a
revised child care home registration that reflects the change.
H. A provider shall inform
the office in writing at least 30 days before the provider ceases operating an
educational program.
.05 Compliance and
Inspections.
A. Continued approval to
operate an educational program is conditioned on the provider’s maintaining
compliance with this chapter.
B. To evaluate compliance
with this chapter, the office may inspect the educational program, with or
without prior notice to the provider, at any time during the approved hours of
operation of the program.
C. During an inspection, the
provider shall permit the Department representative access to any activity,
person, material, document, or other information or source of information
connected with the educational program that is considered necessary by the Department
representative for the purpose of the inspection.
D. Following each inspection
of the educational program, the office shall provide the provider with a
written report of all findings of the inspection.
E. If the educational program
fails to demonstrate compliance with the requirements of this chapter, the
office shall notify the provider in writing of the:
(1) Regulation or regulations
with which the program does not demonstrate compliance;
(2) Fact or facts that
demonstrate the program’s noncompliance with each regulation;
(3) Action or actions the
provider is required to take to demonstrate compliance with each regulation;
and
(4) Date by which the program
is required to demonstrate compliance with each regulation.
F. Sanctions.
(1) Failure to maintain
compliance with applicable requirements of this chapter may result in a
sanction by the office, including restriction, suspension, or revocation of the
approval to operate the educational program.
(2) Sanctions against an
educational program located in a child care home may be severable.
.06 Personnel Qualifications.
A. Educational Program
Administrator.
(1) The educational program
shall have an administrator who is responsible for the day-to-day
administration of the educational program.
(2) The educational program
administrator at a minimum shall meet the standards established in §B(3) of
this regulation.
(3) The provider shall have a
written position description that states the duties and responsibilities of the
educational program administrator.
(4) The educational program
administrator shall have sufficient time during each educational program day to
carry out the duties and responsibilities stated in the written position
description of the educational program administrator.
B. Teachers.
(1) The family child care
provider shall serve as the teacher to implement the educational program in
each class.
(2) A teacher, shall meet the
requirements of §B(3) of this regulation.
(3) A teacher who provides
instruction in language and literacy development, mathematical and scientific
thinking, or social studies shall hold or have completed:
(a) A bachelor’s degree from
an IHE;
(b) 120 semester hours of
college credit from an IHE; or
(c) A foreign credential that
is determined by the Department to be equivalent to a bachelor’s degree from an
IHE; and
(4) In addition to meeting
the requirements of §B(3) of this regulation, a teacher employed in a
Montessori program shall also hold a Montessori diploma for the level of the
individual’s assignment.
(5) If the degree, college
credit, or foreign credential required under §B(3) of this regulation does not
include at least 6 semester hours of approved early childhood coursework, the
teacher shall, in addition:
(a) Hold or have completed:
(i)
The Child Development Associate Credential issued by the Child Development
Associate National Credentialing Program; or
(ii) 6 semester hours, 90
clock hours or their equivalent of approved preservice training; or
(b) Be certified by the
Department as a teacher for early childhood in nursery through third grade.
(6) An individual approved as
a teacher by the Department before July 1, 2010, shall remain qualified for
that position as long as the individual is continuously employed as a teacher.
(7) A teacher in an
educational program shall complete at least 12 clock hours of approved
continued training per full year of employment, measured from date of hire, in
that position.
C. An individual who provides
assistance to a teacher in a class is not required to meet the requirements of
§B(3) or (7) of this regulation.
D. The educational program
shall have an approved additional adult, as specified in regulation COMAR
13A.15.06.04, to care and supervise for children not enrolled in the approved
educational program.
E. Written Statement of
Teacher Qualifications. A provider shall:
(1) Maintain a written
statement of their qualifications; and
(2) On request by a parent or
legal guardian of a child enrolled, or being considered for enrollment, in the
educational program, give to the parent or legal guardian a written statement
of the family child care provider’s qualifications.
.07 Educational Program.
A. Program. The provider
shall implement and maintain at the nonpublic nursery school a written
curriculum of the nonpublic nursery school’s educational program for the
development of skills for each approved nursery school age in the following
areas:
(1) Personal and social
development;
(2) Language and literacy
development;
(3) Mathematical and
scientific thinking;
(4) Social studies;
(5) The arts; and
(6) Physical development and
health.
B. Instructional Materials
and Equipment. The provider shall own and maintain the nonpublic nursery school
instructional materials and equipment required to implement the written
curriculum of the educational program specified in §A of this regulation.
.08 Child Records.
A. The provider shall
maintain a cumulative record for each child enrolled in the educational
program.
B. Each child’s record shall
include the:
(1) Nonpublic nursery
school’s name;
(2) Nonpublic nursery
school’s address;
(3) Nonpublic nursery
school’s telephone number;
(4) Child’s first, middle,
and last names;
(5) Child’s month, day, and
year of birth;
(6) Child’s home address;
(7) Month, day, and year the
child initially entered the educational program;
(8) Age on enrollment in the
educational program;
(9) Month, day, and year the
child withdrew from the educational program, if applicable;
(10) Child’s performance
information in each curricular area;
(11) Code for the meaning of
performance information; and
(12) Number of days the child
attended in each school year.
C. The requirements of §B(1)—(8)
of this regulation are met by compliance with child record requirements set
forth at COMAR 13A.15.03.04C.
D. Age of Admission.
(1) Except as provided by
§D(2) of this regulation, a child shall be 2 years old, 3 years old, or 4 years
old on or before September 1 of a school year to be age-eligible for admission
during that school year to a nonpublic nursery school program approved under
this chapter.
(2) A nonpublic nursery
school may adopt policies and procedures permitting, on request by a child’s
parent or guardian, and if a nonpublic nursery school determines that a child
demonstrates capabilities warranting early admission, a:
(a) 2-year-old child to be
admitted to a 3-year-old nursery school program; or
(b) 3-year-old child to be
admitted to a 4-year-old nursery school program.
.09 Health, Fire Safety, and
Zoning.
A. A provider shall obtain
and maintain documentation verifying current compliance with health, fire
safety, and zoning regulations applicable to a nonpublic nursery school.
B. The requirements of §A of
this regulation are met by complying with pertinent health, fire safety, and
zoning requirements set forth under this subtitle.
.10 Procedures and Sanctions
for Noncompliance - Educational Programs.
If the Department believes that a nonpublic nursery school does
not meet the conditions or standards on which the certificate of approval of
the school was based, the Department shall implement procedures and sanctions
for noncompliance approved by the State Board.
CAREY M. WRIGHT, ED.D.
State Superintendent of
Schools
Title 13A
STATE BOARD OF EDUCATION
Subtitle 15 FAMILY CHILD CARE
13A.15.03 Management and
Administration
Notice of Proposed Action
[24-180-P]
The State Board of Education proposes to amend:
(1) Regulation .03 under COMAR 13A.15.03 Management and
Administration;
(2) Regulation .01 under COMAR 13A.15.09 Program Requirements;
(3) Regulation .03 under COMAR 13A.16.03 Management and
Administration;
(4) Regulation .02 under COMAR 13A.16.09 Program Requirements;
(5) Regulation .03 under COMAR 13A.17.03 Management and
Administration;
(6) Regulation .01 under COMAR 13A.17.09 Program Requirements;
(7) Regulation .03 under COMAR 13A.18.03 Management and
Administration; and
(8) Regulation .02 under COMAR 13A.18.09 Program Requirements
This action was considered by the State
Board of Education at their meeting on September 24, 2024.
Statement of Purpose
The purpose of this action is to
ensure that all families at licensed child care programs receive
information about the Maryland Infants and Toddlers Program pursuant to
Education Article §9.5-115, Annotated Code of Maryland.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has an impact on individuals with disabilities
as follows:
Early intervention is key to ensuring that children with
developmental delays or disabilities receive much-needed support services, to
enhance their ability to learn and manage challenges faced, which could foster
more of a positive lived experience throughout their development. The proposed
requirement will create the initial roadmap for families seeking guidance and
early intervention services.
Opportunity for Public Comment
Comments may be sent to Keisha Maxwell,
earlychildhoodregs.msde@maryland.gov, Maryland State Department of Education,
200 West Baltimore Street, Baltimore, MD 21201, or call 410-767-7852, or email
to earlychildhoodregs.msde@maryland.gov. Comments will be accepted through
January 13, 2025. 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 February 25, 2025 at 9 a.m.,
at 200 West Baltimore Street, Baltimore, MD 21201.
Authority: Education Article, [§§9.5-301—9.5-308,]
§§9.5-115, 9.5-301—9.5-308, 9.5-310—9.5-312, 9.5-320, and 9.5-321;
General Provisions Article, §4-333; Human Services Article, §1-202; Annotated
Code of Maryland
Agency Note: Federal Statutory Reference — Americans with
Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994
(20 U.S.C. §6081 et seq.); Child Care Development Block Grant (45 CFR Parts 98
and 99 and 42 U.S.C. 9858 et seq.); Social Security Act §418 (42 U.S.C. 618)
.03 Program Records.
The provider or substitute shall:
A.—G. (text unchanged)
H. Document that, at least once each calendar year, the parent
of each child under the age of 3 years was given:
(1) Information about the Maryland Infant and Toddlers Program;
and
(2) Contact information for the local lead agency responsible
for the administration of the Maryland Infant and Toddlers Program.
[H.]
I. (text unchanged)
J. The provider may provide the information required under §H of
this regulation by:
(1) A personal message to the parent, including an e-mail;
(2) A document for which the parent acknowledges receipt; or
(3) A text message.
13A.15.09 Program Requirements
Authority: Education Article §§9.5-115, 9.5-301—9.5-308,
9.5-310—9.5-312, 9.5-320, and 9.5-321; [Family
Law Article, §§5-550, 5-551, 5-557.1, and 5-560;] Family Law Article
§§5-550 and 5-551; General Provisions Article, §4-333; Human Services
Article, §1-202; [State Government Article, §10-617] Annotated
Code of Maryland
Agency Note: Federal Statutory Reference — Americans with
Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994
(20 U.S.C. §6081 et seq.)
.01 Activities.
A.—B. (text unchanged)
C. Upon the request of a parent of a child in care, the provider
shall assist the parent with scheduling a time and convenient location for the
local lead agency responsible for administering the Maryland Infants and
Toddlers Program to provide the appropriate screening for the child.
Subtitle 16 CHILD CARE CENTERS
13A.16.03 Management and Administration
Authority: Education Article, [§§9.5-401,] §§9.5-115,
9.5-401, 9.5-404—9.5-411, and 9.5-413—9.5-418; General Provisions Article,
§4-333; Human Services Article, §1-202; Annotated Code of Maryland
Agency Note: Federal Statutory Reference — Americans with
Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994
(20 U.S.C. §6081 et seq.); Child Care Development Block Grant (45 CFR Parts 98
and 99 and 42 U.S.C. 9858 et seq.); Social Security Act §418 (42 U.S.C. 618)
.03 Program Records.
The operator shall:
A. (text unchanged)
B. Maintain:
(1)—(3) (text unchanged)
(4) A written record of the dates and times at which emergency and
disaster plan drills were conducted pursuant to COMAR 13A.16.10.01A(3)(c); [and]
(5) Documentation that, at least once each calendar year, the
parent of each child under the age of 3 years was given:
(a) Information about the Maryland Infant and Toddlers Program;
and
(b) Contact information for the local lead agency responsible
for the administration of the Maryland Infant and Toddlers Program; and
[(5)] (6) (text unchanged)
C.—D. (text unchanged)
E. The operator may provide the information required under §B(5)
of this regulation by:
(1) A personal message to the parent, including an e-mail;
(2) A document for which the parent acknowledges receipt; or
(3) A text message.
13A.16.09 Program Requirements
Authority: Education Article, [§§9.5-401,] §§9.5-115,
9.5-401, 9.5-404—9.5-411, and 9.5-413—9.5-418; General Provisions Article,
§4-333; Human Services Article, §1-202; Annotated Code of Maryland
Agency Note: Federal Statutory Reference — Americans with
Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994
(20 U.S.C. §6081 et seq.); Child Care Development Block Grant (45 CFR Parts 98
and 99 and 42 U.S.C. 9858 et seq.); Social Security Act §418 (42 U.S.C. 618)
.02 Activity Plans for Infants and Toddlers.
A.—C. (text unchanged)
D. Upon the request of a parent of a child in care, the operator
shall assist the parent with scheduling a time and convenient location for the
local lead agency responsible for administering the Maryland Infants and
Toddlers Program to provide the appropriate screening for the child.
Subtitle 17 CHILD CARE—LETTERS
OF COMPLIANCE
13A.17.03 Management and Administration
Authority: Education Article, [§§9.5-401,] §§9.5-115,
9.5-401, 9.5-404, 9.5-405, 9.5-409, 905-411, and 9.5-413—9.5-418; General
Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of
Maryland
Agency Note: Federal Statutory Reference — Americans with
Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994
(20 U.S.C. §6081 et seq.); Child Care Development Block Grant (45 CFR Parts 98
and 99 and 42 U.S.C. 9858 et seq.); Social Security Act §418 (42 U.S.C. 618)
.03 Program Records.
[The operator shall:]
A. [Create] The operator shall create and
maintain, for at least 2 years after their creations, records of program:
(1)—(2) (text unchanged)
B. [Maintain:] The operator shall maintain:
(1)—(3) (text unchanged)
(4) A written record of the dates and times at which emergency and
disaster plan drills were conducted pursuant to COMAR 13A.16.10.01A(3)(c); [and]
(5) Documentation that, at least once each calendar year, the
parent of each child under the age of 3 years was given:
(a) Information about the Maryland Infant and Toddlers Program;
and
(b) Contact information for the local lead agency responsible
for the administration of the Maryland Infant and Toddlers Program; and
[(5)] (6) (text unchanged)
C. The operator may provide the information required under §B(5)
of this regulation by:
(1) A personal message to the parent, including an e-mail;
(2) A document for which the parent acknowledges receipt; or
(3) A text message.
13A.17.09 Program Requirements
Authority: [Family Law Article, §§5-560, 5-564, and
5-570—5-585;] Education Article §§9.5-115, 9.5-401, 9.5-404, 9.5-405,
9.5-409, 905-411, and 9.5-413—9.5-418; Family
Law Article §§5-550 and 5-551; General Provisions Article, §4-333; Human
Services Article, §1-202; [State Government Article, §10-617] Annotated
Code of Maryland
Agency Note: Federal Statutory Reference — Americans with
Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994
(20 U.S.C. §6081 et seq.)
.01 Activities, Materials, and Equipment.
A.—E. (text unchanged)
F. Upon the request of a parent of a child in care, the operator
shall assist the parent with scheduling a time and convenient location for the
local lead agency responsible for administering the Maryland Infants and
Toddlers Program to provide the appropriate screening for the child.
Subtitle 18 LARGE FAMILY CHILD
CARE HOMES
13A.18.03 Management and Administration
Authority: Education Article, [§§9.5-301—9.5-308,]
§§9.5-115, 9.5-301—9.5-308, 9.5-310—9.5-312, 9.5-320, and 9.5-321;
General Provisions Article, §4-333; Human Services Article, §1-202; Annotated
Code of Maryland
Agency Note: Federal Statutory Reference — Americans with
Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994
(20 U.S.C. §6081 et seq.); Child Care Development Block Grant (45 CFR Parts 98
and 99 and 42 U.S.C. 9858 et seq.); Social Security Act §418 (42 U.S.C. 618)
.03 Program Records.
The provider shall:
A. (text unchanged)
B. Maintain:
(1)—(3) (text unchanged)
(4) A written record of the dates and times at which emergency and
disaster plan drills were conducted pursuant to COMAR 13A.18.10.01A(3)(c); [and]
(5) Documentation that, at least once each calendar year, the
parent of each child under the age of 3 years was given:
(a) Information about the Maryland Infant and Toddlers Program;
and
(b) Contact information for the local lead agency responsible
for the administration of the Maryland Infant and Toddlers Program; and
[(5)] (6) (text unchanged)
C.—E. (text unchanged)
F. The provider may provide the information required under §B(5)
of this regulation by:
(1) A personal message to the parent, including an e-mail;
(2) A document for which the parent acknowledges receipt; or
(3) A text message.
13A.18.09 Program Requirements
Authority: Education Article, [§§9.5-301—9.5-308,]
§§9.5-115, 9.5-301—9.5-308, 9.5-310—9.5-312, 9.5-320, and 9.5-321;
General Provisions Article, §4-333; Human Services Article, §1-202; Annotated
Code of Maryland
Agency Note: Federal Statutory Reference — Americans with
Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994
(20 U.S.C. §6081 et seq.); Child Care Development Block Grant (45 CFR Parts 98
and 99 and 42 U.S.C. 9858 et seq.); Social Security Act §418 (42 U.S.C. 618)
.02 Activity Plans for Infants and Toddlers.
A.—C. (text unchanged)
D. Upon the request of a parent of a child in care, the provider
shall assist the parent with scheduling a time and convenient location for the
local lead agency responsible for administering the Maryland Infants and
Toddlers Program to provide the appropriate screening for the child.
CAREY M. WRIGHT, ED.D.
State Superintendent of
Schools
Title 20
PUBLIC SERVICE COMMISSION
Subtitle 62 COMMUNITY SOLAR ENERGY GENERATION
SYSTEMS
Notice of Proposed Action
[24-173-P]
The Public Service Commission proposes to:
(1) Amend Regulations .01—
.03 under COMAR 20.62.01 General;
(2) Amend Regulations .01—.04,
.06, .07, and .09— .11 under COMAR 20.62.02
Pilot Program;
(3) Amend Regulations .02—.09
under COMAR 20.62.03 Pilot Program Administration;
(4) Amend Regulations .01—.03
under COMAR 20.62.04 Pilot Program Study; and
(5) Amend Regulation .01
under COMAR 20.62.05 Consumer Protection.
This action was considered by the Public
Service Commission at a scheduled rulemaking (RM 56) meeting held on September
5, 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
implement the Community Solar program and transition the community solar
pilot to a permanent program.
Estimate of Economic Impact
I. Summary of Economic Impact. The implementation of the
permanent program will expand the number of community solar projects and the
capacity of photovoltaic generation in the state. Program costs, including the
cost of subscription credits, would typically be recovered from ratepayers. Additional jobs an associated economic
benefits may arise from construction and operation of projects. Much of the
economic impact derives from the legal requirements of the changes to the law,
but would first be implemented after these regulations are adopted.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
|
|
|
Public Service Commission
|
(E+)
|
May require one additional engineer for CPCN
testimony, one additional attorney for application processing and legal
support for CPCN applications. Solar projects are leaning toward systems
larger than 2MW. Annual costs > $150k.
|
|
B. On other State agencies:
|
NONE
|
|
|
C. On local governments:
|
NONE
|
|
|
|
|
|
|
|
Benefit
(+)
Cost
(-)
|
Magnitude
|
|
D. On regulated industries or trade groups:
|
|
|
|
Electric companies
|
(-)
|
Costs are not known but would likely be a
multiple of the PSC costs of +$150k that typically would be recovered in base
rates.
|
|
E. On other industries or trade groups:
|
NONE
|
|
|
F. Direct and indirect effects on public:
|
|
|
|
Electric ratepayers
|
(-)
|
The estimate in the table below assumes
typical rates and full deployment of the solar capacity permitted by the
community solar and net metering legislation.
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
A. Approximately 1800 MW of total projects may enter the program
once the pilot has transitioned to a permanent program. Each project would
typically range from 500kW to 5000kW which implies several hundred applications
will be processed by Staff. (E+) Increase administrative labor to process
applications, monitor projects, process and determine CPCN applications.
D. In addition to processing interconnections, electric utilities
will need to manage a large number of projects in the system indefinitely and
provide monthly credits, maintenance of a project electronic portal, and
provide general administrative support for the foreseeable future. (-) Increase
labor expense for processing interconnection applications, tariff
administration, and program administration. F. Community Solar Maximum Kw (MD
total): 1,800,000
|
Community
Solar Maximum Kw (Md total)
|
Avg. solar hours/day
|
adays/
year
|
kwh/ year
|
Avg. credit cost $/kwh
|
Statewide credit expense cost/year
|
|
1,800,000
|
4
|
36365
|
2,628,000,000
|
0.06
|
$ 157,680,000
|
|
|
|
|
|
|
|
Md Residential Accounts
|
Avg. cost/acct./year
|
Avg. cost/month
|
Estimate based on full deployment
|
|
|
|
2,200,000
|
$71.67
|
$5.97
|
|
|
|
Subscription credits provided to subscriber organizations and subscribers are
funded through charges to ratepayers. (-) Increase the amount of distribution
rate revenue commensurate with distribution and transmission credits from
subscription credits.
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 January 13, 2025. A public hearing has not been scheduled.
20.62.01 General
Authority: Public Utilities Article, §§2-113, 2-121, 7-306,
7-306.1, and 7-306.2, Annotated Code of Maryland
.01 Scope.
This subtitle is applicable to electric companies [and],
subscriber organizations, and subscription coordinators in service
territories where customers have the ability to subscribe to a community solar
energy generation system under [a pilot program approved by the
Commission.] the Community Solar Energy Generating Systems Program.
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1) (text unchanged)
(a)—(c) (text unchanged)
(2) “Agrivoltaics” has the meaning stated in Public Utilities
Article, §7-306.2, Annotated Code of Maryland.
[(2)] (3) (text unchanged)
[(3)] (4) (text unchanged)
(a)—(c) (text unchanged)
(5) “CAD” means the Consumer Affairs Division within the
Commission pursuant to COMAR 20.32.01.02B(2).
[(4)] (6)—[(8)] (10) (text
unchanged)
[(9)] (11) “Contract summary” means a summary
of the material terms and conditions of a community solar [pilot]
program subscriber contract on a form provided by the Commission.
[(10)] (12) “CSEGS” means a [community]
Community solar energy generating system.
(13) “Ecologically compromised” means a parcel certified in
writing by the state, a county, or a municipal corporation as:
(a) Having suffered harm or damage that has resulted in a
substantial disruption to the land’s natural processes, biodiversity, or
ecological integrity; and
(b) Not targeted for mitigation or restoration.
(14) “Ecologically compromised” does not include the portions of
a parcel:
(a) That can support agricultural operations; or
(b) Not certified by the state, a county, or municipal
corporation as qualifying under paragraph (a) of this subsection.
[(11)] (15)—[(12)] (16)
(text unchanged)
(17) “Forest cover” has the meaning stated in Natural Resources
Article, §5-1601, Annotated Code of Maryland.
(18) “LMI subscriber” has the meaning stated in Public Utilities
Article, §7-306.2, Annotated Code of Maryland.
[(13)] (19)
“Low income” [means a subscriber whose gross annual household income is
at or below 175 percent of the federal poverty level for the year of
subscription or who is certified as eligible for any federal, state, or local
assistance program that limits participation to households whose income is at
or below 175 percent of the federal poverty limit.] has the meaning
stated in Public Utilities Article, §7-306.2, Annotated Code of Maryland.
[(14)] (20) “Moderate income” [means a
subscriber whose gross annual household income is at or below 80 percent of the
median income for Maryland for the year of subscription.] has the
meaning stated in Public Utilities Article, §7-306.2, Annotated Code of
Maryland.
(21) “Net tract area” has the meaning stated in Natural
Resources Article, §5-1601, Annotated Code of Maryland.
(22) “Overburdened community” has the meaning stated in
Environmental Article, §1-701, Annotated Code of Maryland.
[(15)] (23) (text unchanged)
(24) “Pilot program” has the meaning stated in Public Utilities
Article, §7-306.2, Annotated Code of Maryland.
[(16)] (25)—[(17)] (26) (text
unchanged)
(27) “Queue” has the meaning stated in Public Utilities Article,
§7-306.2, Annotated Code of Maryland.
(28) “Reforestation” has the meaning stated in Natural Resources
Article, §5-1601, Annotated Code of Maryland.
[(18)] (29)—[(21)] (32) (text
unchanged)
[(22)] (33) “Subscription coordinator” [means
a person that:
(a) Markets CSEGS projects or otherwise provides CSEGS-related
services under its own brand name;
(b) Performs any administrative actions to connect or enroll
customers with CSEGS projects or allocates subscriptions; or
(c) Manages interactions between a subscriber organization and an
electric company relating to subscribers.] has the meaning stated in
Public Utilities Article, §7-306.2, Annotated Code of Maryland.
(34) “Tree” has the meaning stated in Natural Resources Article,
§5-1601, Annotated Code of Maryland.
(35) “Underserved community” has the meaning stated in
Environmental Article, §1-701, Annotated Code of Maryland.
[(23)] (36)—[(25)] (38) (text
unchanged)
(39) “Virtual net excess generation” means the amount of
electricity generated by a CSEGS and attributed to a subscriber that would
result in a negative kilowatt–hour reading at the end of the subscriber’s
billing cycle if applied to the subscriber’s bill by the electric company as a
reduction in metered kilowatt-hours.
.03 Electric Company Compliance Plan[.] and Transition to
Permanent Program.
A. An electric company shall file a plan and relevant tariffs with
an effective date no later than July 1, 2025 for compliance with this
subtitle within 45 days after [this regulation becomes effective.]
the effective date of revised program regulations adopted by the Commission
under Public Utilities Article, §7-306.2(f), Annotated Code of Maryland.
B. A municipal electric company or electric cooperative electing to
participate in the [pilot program] Program shall file a
plan and related tariffs for compliance with this subtitle within 45 days after
notifying the Commission of that election.
C. A CSEGS waitlisted by an electric company under the Pilot
Program shall receive a queue position under the Program when the following
occurs:
(1) The Program has begun under Public Utilities Article,
§7-306.2(d)(20), Annotated Code of Maryland; and
(2) The electric company has received the information required
by COMAR 20.62.03.04B(3) for the CSEGS to receive a queue position in the
Program.
D. For all projects waitlisted under the Pilot Program, an
electric company shall establish the Program’s queue in the order of the date
and time of each project’s application to the electric company under the Pilot
Program regardless of Pilot Program category.
E. A CSEGS with capacity on the Pilot Program queue shall retain
the Pilot Program queue position when the tariffs submitted under §A of this
regulation become effective.
F. A CSEGS is considered to have been constructed under the
Pilot Program if it received capacity in the Pilot Program and was constructed
within the deadlines required under the Pilot Program or as extended by letter
order.
20.62.02 [Pilot] Program
Authority: Public Utilities Article, §§2-113, 2-121, 7-306,
7-306.1, and 7-306.2, Annotated Code of Maryland
.01 [Pilot] Program Structure.
A. Each electric company shall establish a program to accept and
administer community solar energy generating system projects [for a
period of 7 years] from the earlier of:
(1) The first date of application of a subscriber organization to
operate a community solar energy generating system after the effective date of [this
subtitle; or] the revised program regulations adopted by the
Commission under Public Utilities Article, §7-306.2(f), Annotated Code of
Maryland; or
(2) 6 months from the effective date of [this subtitle.]
the revised program regulations adopted by the Commission under Public
Utilities Article, §7-306.2(f), Annotated Code of Maryland.
B. [Community solar energy generating system programs may
not end prior to December 31, 2024.] An electric company operating a
CSEGS program shall continue to operate the program subject to Public Utilities
Article, §7-306.2 or an applicable Commission order.
[C. Program Annual Start Date.
(1) An electric company participating in the Pilot Program shall
post a start date for each program year on the electric company’s website.
(2) An electric company shall make best efforts to begin each
program year within 12 months of the start date for the previous year, with the
exception of Program Year 6.
(3) An electric company may include a schedule of program years in
its tariff.
(4) An electric company shall make best efforts to begin Program
Year 6 within 18 months after the beginning of Program Year 4.]
[D.] C. An electric company shall apply bill
credits and virtual net excess generation to a subscriber’s bill in
accordance with applicable tariffs.
[E.] D.—[F.] E. (text
unchanged)
.02 [Program Generation Capacity.] Program Closure.
[A. Capacity Limit.
(1) Statewide Capacity.
(a) Subject to §A(1)(b) of this regulation, an electric company may
not accept pilot program project applications after the Statewide capacity of
pilot projects has exceeded 4.55 percent of the 2015 Maryland peak demand in MW
as measured by the sum of the nameplate capacity of each project’s inverter.
(b) An electric company shall accept an additional 0.15 percent of
2015 capacity for projects serving the LMI category or projects serving the
Small category under §A(3)(a)(iv) of this regulation if an electric utility has
reached full capacity available to projects in the LMI category.
(c) An electric company shall accept an additional 0.05 percent of
2015 capacity for projects of 50kW or less during the fourth through seventh
year of the program.
(2) Annual Cap. The following percentages of 2015 Maryland peak
demand will set annual program capacity:
(a) First year — 0.6 percent.
(b) Second year — 0.6 percent.
(c) Third year — 0.3 percent.
(d) Fourth year — 0.35 percent.
(e) Fifth year — 0.8 percent.
(f) Sixth year — 0.9 percent.
(g) Seventh year — 0.95 percent.
(3) Program Categories. An electric company shall accept pilot
projects in each of the following categories up to the annual and program
capacity limits according to the percentages shown in each of the following
paragraphs:
(a) Small, Brownfield and Other Category (Small) — 30 percent.
(i) Projects up to and including 500 kW.
(ii) Projects installed on rooftops, parking lots, roadways or
parking structures.
(iii) Projects installed on brownfield locations.
(iv) Projects serving more than 51 percent of kWh output to Low or
Moderate income customers.
(v) Projects installed on clean fill sites.
(b) Open Category (Open) — 40 percent — Projects of any size up to
2 MW.
(c) Low and Moderate Income Category (LMI) — 30 percent — Projects
serving more than 30 percent of kWh output to Low or Moderate income
subscribers of which Low Income subscribers receive a minimum of 10 percent of
kWh output.
(d) Projects which qualify for the Small or LMI category may use
capacity from the Open category after the electric company has accepted
projects up to the limit of its respective categories.
(e) An electric company may accept an LMI project using either LMI
capacity or LMI projects serving the Small category under §A(3)(a)(iv) of this
regulation as described in §A(2) of this regulation from subsequent program
years if the capacity in the current year has been fully allocated.
(4) Electric Company Program Capacity Limits.
(a) Subject to the annual and category limits established in this
regulation, an electric company shall accept pilot program applications up to
4.55 percent of its 2015 Maryland peak demand.
(b) An electric company may accept project applications after it
has accepted 4.55 percent of its 2015 peak demand in MW as measured by the sum
of the nameplate capacity of each project’s inverter.
(c) An electric company may cease accepting project applications
according to the annual percentages listed in §A(2) of this regulation as
applied to that company’s 2015 peak demand.
(d) An electric company shall allocate annual capacity according to
the program category percentages listed in §A(3) of this regulation.
(e) An electric company shall notify the Commission if it intends
to accept project applications beyond the level described in §A(4)(a) of this
regulation.
(f) An electric company shall combine the capacity of the Small and
Open categories if the capacity allocated to the “Open” category is 500 kW or
less.
(g) Waitlist.
(i) If a subscriber organization applies
to add a project to a category after an electric company has awarded all
available capacity in that category, the electric company shall place the
project application on a waitlist for the category in the order in which the
application was received.
(ii) In years 4 through 7 of the Program, an electric company shall
first award project applications in each category from the waitlist for that
category before awarding capacity to new project applications.
(iii) A subscriber organization may not change the category of a
project on the waitlist.
(iv) An electric company shall remove a project from a category
waitlist upon request of the subscriber organization for which the Commission
has authorized the project.
(v) A subscriber organization may re-apply to a different category
after the electric company has removed a project from a category waitlist.
(5) Unused Annual Capacity.
(a) Electric company capacity in each year which remains unused by
projects shall be added to the capacity of the following year such that the
total Statewide capacity does not exceed the limit in §A of this regulation.
(b) If a category listed in §A(3) of this regulation has unused
capacity at the end of any year of the program, the unused capacity shall be
carried forward in the same category to the following year.
(c) Capacity that has remained unused following the sixth year
shall be reallocated by the Commission upon good cause shown.
B. Each electric company shall maintain a list of accepted projects
and total pilot program capacity in its service territory.
C. Project Lists.
(1) Each electric company shall provide the list in §B of this
regulation to the Commission on the first business day after June 30 and
December 31 of each year until the pilot is closed.
(2) An electric company that posts on its website the information
in §B of this regulation shall be considered to have met the requirements of
this section.]
[D.] The Commission may direct electric companies to
close the [program] Program to new applications if the
total Statewide net-metered generation exceeds the limit described in Public
Utilities Article, §7-306(d), Annotated Code of Maryland.
.03 Number of Accounts per Project.
A. A subscriber organization or subscription coordinator may
subscribe as many accounts as needed to match each CSEGS’s capacity.
B. An electric company may require a subscriber organization or
subscription coordinator to maintain a minimum average subscription size of
2 kW per customer for an individual CSEGS during the [pilot program.]
Program.
.04 Subscription Credits.
A. Subscriber List.
(1) List Composition.
(a) A subscriber organization or subscription coordinator
shall provide the electric company with electronic data indicating the
proportion of a community solar energy generating system’s output that shall be
applied to each subscriber’s bill.
(b) (text unchanged)
(2) Update Frequency.
(a) A subscriber organization or subscription coordinator
may at any time provide an updated subscriber list to an electric company.
(b) A subscriber organization or subscription coordinator
shall provide an updated subscriber list via the designated electronic portal
maintained by the electric company under §H of this regulation or any other
format accepted by the electric company.
(c) An electric company shall use the most recent subscriber list
provided by a subscriber [organization,] organization or
subscription coordinator, subject to submission deadlines incorporated by
tariff and accepted by the Commission.
(3) An electric company shall apply credits using the most recently
updated subscriber list provided by the subscriber [organization.]
organization or subscription coordinator.
B. An electric company shall determine the amount of kilowatt hours
to be credited to each subscriber by multiplying the subscriber’s most recent
generation proportion from §A of this regulation by the [metered]
output of the community solar energy generating [system.] system
as measured by the electric company’s meter.
C.—D. (text unchanged)
E. An electric company shall retain a record of a [pilot]
project’s kilowatt hours applied to each subscriber’s account for a period of 7
years.
[F. Subscription credits shall carry over to the next
month’s bill until the earlier date on which:
(1) The subscriber’s account is closed; or
(2) The subscriber’s last meter reading prior to the month of
April.
G. Subscriber credits that are not carried over under §F of this
regulation shall be handled as excess generation.]
[H.] F. Electronic Portal.
(1) An electric company shall establish and maintain an electronic
portal that allows a subscriber organization or subscription coordinator
to provide subscriber lists to the electric company for crediting as required
by this regulation.
(2) An electric company that has established an electronic portal
prior to the effective date of this regulation shall maintain an electronic
portal with the capability that is specified in §H(3) of this regulation [for
the period of time specified in COMAR 20.62.02.10B] for each CSEGS in
the [program.] Program.
(3) An electric company shall allow a subscriber organization or
subscription coordinator to input data electronically in batches of up to
1,000 subscriber accounts per CSEGS, including the ability to add new
subscribers, remove subscribers, and edit the allocations of existing
subscribers.
[(4) Electric companies that do not currently have the
capabilities in §H(3) of this regulation as of the effective date of this
regulation shall implement these requirements no later than 12 months from the
effective date of this regulation.]
[I.] G. Electric Company Credit Allocation
Reporting.
(1) An electric company shall provide a subscriber organization or
subscription coordinator with a report detailing each subscriber’s credit
allocation.
(2) An electric company shall provide the report described in [§I(1)
of this regulation] §G(1) of this regulation no later than the
last day of each calendar month following the month of the CSEGS meter reading
by the electric company.
.06 Credit Payments.
An electric company may not refund generation credits to customers
except as electric bill credits or as payment for virtual net excess generation.
.07 Virtual Net Excess Generation.
[A. An electric company shall pay a subscriber a dollar
amount of excess generation as reasonably adjusted to exclude the distribution,
transmission, and noncommodity portion of the
customer’s bill unless the electric company records subscriber credits as
kilowatt hours.
B. An electric company that serves electric retail choice customers
shall pay the subscriber for kilowatt hours of excess generation at the lesser
of the subscriber’s retail supply rate or the Standard Offer Service rate in
effect at the time of payment.
C. An electric company that does not provide Standard Offer Service
shall pay a subscriber for kilowatt hours of excess generation at the electric
company’s avoided cost of generation.
D. An electric company may pay a subscriber an amount of excess
generation as a bill credit if the amount of payment is less than $25.
E. An electric company shall make a determination to apply §A, B,
or C of this regulation in accordance with the type of subscription credits
used for the subscriber according to Regulation .04 of this chapter.]
A. A subscriber shall:
(1) Receive credit for
virtual net excess generation; and
(2) Accrue virtual net
excess generation in the same manner as an eligible customer-generator under
Public Utilities Article, §7-306(f), Annotated Code of Maryland, using one of
the following periods elected by the subscriber:
(a) for a period not to exceed 12 months ending with the billing
cycle that is complete immediately prior to the end of April of each year;
or
(b) an indefinite period.
B. The requirements of §B of this regulation apply only to a
subscriber that has elected to accrue virtual net excess generation for a
period not to exceed 12 months.
(1) An electric company shall pay a subscriber a dollar amount
of excess generation as reasonably adjusted to exclude the distribution,
transmission, and noncommodity portion of the
customer’s bill unless the electric company records subscriber credits as
kilowatt hours.
(2) An electric company that serves electric retail choice
customers shall pay the subscriber for kilowatt hours of excess generation at
the lesser of the subscriber’s retail supply rate or the Standard Offer Service
rate in effect at the time of payment.
(3) An electric company that does not provide Standard Offer
Service shall pay a subscriber for kilowatt hours of excess generation at the
electric company’s avoided cost of generation.
(4) An electric company may pay a subscriber an amount of excess
generation as a bill credit if the amount of payment is less than $25.
(5) An electric company shall make a determination to apply
§§B(1), B(2), or B(3) of this regulation in accordance with the type of
subscription credits used for the subscriber according to Regulation .04 of
this chapter.
.09 Utility Cost Recovery.
A. An electric company shall receive full and timely cost recovery
of [program] Program credit costs.
B. (text unchanged)
C. An electric company may include [program] Program
credit costs in existing rate adjustments for distribution rates or as a
revenue or cost component for transmission or commodity rates as accepted by
the Commission.
.10 [Program Sunset.] Project Duration.
A. Electric company tariffs requiring payments or credits from an
electric company to subscribers in effect during the [program] Program
or Pilot Program shall remain in effect for subscribers [for the
earlier of 25 years from the date of the end of the program or until the
subscriber’s contract with its subscriber organization has ended.] until
the final community solar energy generating system in the service territory of
the electric company is decommissioned.
B. An electric company shall continue to facilitate the operation
of a subscriber organization that was [established during the program
for a period of 25 years after the program has ended.] granted a
queue position by the electric company during the Pilot Program or Program or
constructed during the Pilot Program or Program until the final community solar
energy generating system associated with the subscriber organization or is
decommissioned.
C. A subscriber organization may continue to operate a community
solar energy generating system that [was established during the program
for a period of 25 years after the program has ended.] was granted a
queue position by the electric company during the Pilot Program or Program or
constructed during the Pilot Program or Program until the community solar
energy generating system is decommissioned.
D. A subscriber organization may create, exchange, and trade
subscriptions up to the full project capacity for a community solar energy
generating system that was [established during the program for a period
of 25 years after the program has ended] granted a queue position by
the electric company during the Pilot Program or Program or constructed during
the Pilot Program or Program until the community solar energy generating system
is decommissioned.
.11 Billing Accuracy.
A. (text unchanged)
B. The Commission may direct an electric company to develop
additional automated billing and crediting features in order to improve billing
accuracy for the [program.] Program.
20.62.03 [Pilot] Program Administration
Authority: Public Utilities Article, §§2-113, 2-121, 7-306,
7-306.1, and 7-306.2, Annotated Code of Maryland
.02 Subscriber Organization and Subscription Coordinator
Requirements.
A. A subscriber organization and a subscription coordinator shall
apply with the Commission for admission to the [program] Program
on forms authorized by the Commission.
B.—C. (text
unchanged)
D. A subscriber organization shall provide, on forms authorized
by the Commission, the following data upon application to the Program.
(1) The type and quantity of forest cover on each proposed site
for a community solar energy generating system included within the application,
including:
(a) The approximate net tract area measured in acres;
(b) The approximate acres within the net tract area with forest
cover; and
(2) Any anticipated impacts the construction of any proposed
community solar energy generating system will have on trees and forest cover at
the site of the proposed community solar energy generating system, including:
(a) The approximate acres of forest cover that will be removed,
if any, for construction of the community solar energy generating system;
(b) The approximate total acres of any forest cover that will be
retained, if any, on the project site;
(c) The approximate total acres of anticipated reforestation, if
any, required to comply with the Forest Conservation Act;
(d) If reforestation will be required, the anticipated method or
methods of reforestation, which may include one or more of the following
options:
(i) Retention and preservation of existing
on-site forest;
(ii) Retention and preservation of existing off-site forest;
(iii) On-site plantings;
(iv) Off-site plantings;
(v) Forest mitigation banking;
(vi) Payment of a fee-in-lieu; or
(vii) An alternative method adopted by a local jurisdiction and
approved by the Department of Natural Resources under Natural Resources
Article, §5-1606.1, Annotated Code of Maryland; and
(e) The approximate acres for each reforestation method
identified in response to paragraph (d) of this subsection.
.03 [Pilot] Project Application Process.
A. An applicant that has been granted admission to the [pilot
program] Program by the Commission that wishes to construct and
operate a community solar energy generating system under this [pilot
program] Program shall apply to the electric company serving the
location of the system.
B. Project Application Procedure.
(1) (text unchanged)
(2) An electric company shall develop its project application
procedure in a manner designed to encourage achievement of program [goals,]
goals and timely project [development, and equitable allocation
of the electric company’s project capacity.] development.
(3) An electric company shall [develop] develop,
for filing with the Commission, tariffed terms and conditions to administer
the [pilot program] Program. [queue for filing with
the Commission.]
C. (text unchanged)
D. Low and Moderate Income Verification.
[(1) Current participants in the Maryland Office of Home
Energy programs shall be deemed to have provided verification of low-income
eligibility.
(2) A subscriber organization may qualify a customer for Low or
Moderate Income eligibility by verification of income using paystubs or income
tax documents.
(3) The Commission may establish alternate means to verify the
status of Low and Moderate Income subscribers.]
(1) A subscriber organization or subscription coordinator shall
verify the income of a prospective subscriber for eligibility as an LMI
subscriber under the Program by using one of the following methods:
(a) Self-attestation by the prospective subscriber that does not
need to be under oath or penalty of perjury;
(b) Requiring the prospective subscriber to provide evidence of
eligibility for or enrollment in at least one of the following assistance
programs:
(i) The Maryland Energy Assistance
Program;
(ii) The Supplemental Nutrition Assistance Program;
(iii) Medicaid;
(iv) Head Start;
(v) Free and reduced price school meals;
(vi) The federal Low Income Home Energy Assistance Program;
(vii) EmPOWER Maryland low- or
moderate-income incentives;
(viii) Telephone lifeline service;
(ix) The Fuel Fund of Maryland; or
(x) Any additional federal, State, or local assistance program
that the Commission determines will further the purposes of the program;
(c) Pay stubs;
(d) Income tax documents;
(e) Proof of residence in an affordable housing facility;
(f) Proof of residence within a census tract that is:
(i) An overburdened community; and
(ii) An underserved community;
(g) Any verification method that was available under the Pilot
Program; or
(h) Any additional methods approved by the Commission to verify
income.
(2) A multi-family dwelling unit shall qualify as a low-income
subscriber for the purposes of the Program if it has an active contract or
award with one or more of the following:
(a) United States Department of Housing and Urban Development;
(b) United States Department of Agriculture - Rural Development;
(c) Maryland Department of Housing and Community Development;
(d) Maryland Affordable Housing Trust; or
(e) Any other state or federal low- income housing assistance
program that requires the operator of the low-income multi-family dwelling unit
to ensure all residents of the low-income multi-family dwelling unit have
income at or below the maximum income level required for the residents to
qualify as LMI subscribers under the Program.
[(4)] (3) An operator of a [low-income]
multi-family dwelling unit that does not meet the criteria under §D(2) of
this regulation may apply to the Commission to qualify as [a
low-income subscriber] an LMI subscriber for the purposes of the [pilot
program.] Program.
[(5)] (4) A subscriber organization or
subscription coordinator [shall] shall: [certify
to the electric company in writing that the subscriber organization has verified
the eligibility of all LMI subscribers needed to qualify for the program prior
to receiving permission to operate from the electric company.]
(a) Verify the eligibility of an LMI subscriber in accordance
with §D(1) of this regulation;
(b) Retain records of each determination of eligibility for an
LMI subscriber; and
(c) Make records of determination of eligibility available to
the Commission on request.
.04 [Pilot] Program Queue.
A. (text unchanged)
(1)—(7) (text unchanged)
B. [Pilot] Queue Order.
(1) An electric company shall maintain a [pilot]
program queue consisting of a list of [pilot] project
applications in order of the date of receipt by the electric company of the
application unless otherwise modified by §B(2) of this regulation.
(2) An electric company shall file with the Commission[,]
a tariffed procedure to prioritize multiple applications that are received[:]
on a single business day.
[(a) On a single business day; or
(b) In a manner that exceeds the available program capacity or
category capacity in a short period of time.]
(3) [In order to apply for capacity in an electric company’s
pilot program queue, a CSEGS shall provide the following to the electric
company upon application:] An electric company shall deem a CSEGS application
complete upon provision by the subscriber organization of the following:
(a) [An] A partially executed interconnection
agreement;
[(b) Proof of application for all applicable permits; and]
[(c)] (b) Proof of site control[.];
and
(c) One of the following:
(i) For a community solar energy
generating system with a generating capacity of 2MWac or less, proof of
application for a required permit or a preliminary step required prior to
applying for a required permit; or
(ii) For a community solar energy generating system with a
generating capacity larger than 2MWac, a completeness determination issued by
the Commission or a Public Utility Law Judge in response to an application for
a certificate of public convenience and necessity requesting authorization to
construct the community solar energy generating system.
(4)— (5) (text unchanged)
C. Operational Deadline.
(1) If a project fails to begin operating within 24 months of [submission
of a completed application by] the determination by the electric
company that the subscriber [organization,] organization
has provided the information required under §B(3) of this regulation,
the electric company shall remove the project from the electric company’s [pilot]
program queue unless the subscriber organization of the project provides to the
electric company an additional deposit of $50 per kW to maintain its position
within the [pilot] program queue.
(2) If a project fails to begin operating within 36 months of [application,]
the electric company’s determination that the application is complete under
§B(3) of this regulation, the electric company shall remove the project
from the electric company’s [pilot] program queue.
(3) The electric company shall extend the operational deadline on a
day-for-day basis for the following reasons:
(a) (text unchanged)
(b) If the subscriber organization attests and provides evidence to
the electric company that a governmental permit or approval for the project was
subject to a legal challenge or moratorium during the reservation
period, and the legal challenge remains pending[.], or the moratorium
remains in effect.
[(4) Projects in the LMI category are exempt from queue
deposits.]
[(5)] (4)—[(7)] (6) (text
unchanged)
D. Project Website Information. An electric company shall provide [daily
updated] a list of information [in a publicly accessible
location] on its website about the current status of its [pilot]
program queue, including the following information:
(1) Name of the [applicant;] subscriber
organization;
(2) (text unchanged)
(3) [Capacity applied for;] Proposed capacity of
the project;
(4) (text unchanged)
[(5) Category of application (Open, LMI, or SBO);
(6) Capacity and category awarded, if any, and date of award;]
[(7)] (5)—[(11)] (9) (text
unchanged)
[(12)] (10) CSEGS identification number; and
[(13)] (11) Project status (reserved,
in-service, [wait-listed,] or withdrawn)[;].
[(14) Pilot program year; and
(15) Table of awarded capacity with remaining available capacity by
year in each program category.]
[E. If the electric company closes its pilot program queue,
it shall state the reason for closing in the same location as the information
provided in §D of this regulation.]
E. Except as provided in §F
of this regulation, an electric company shall update the list under §D of this
regulation no less than once per week.
F. An electric company is not required to update the list under
§D of this regulation if there was no change to the information on the list in
the immediately preceding week.
[F.] G. An electric company that operates as a
subscriber organization shall apply to the Commission for permission to enter
each of its own projects into the electric company’s [pilot]
program queue.
.05 Data Communication.
A. All subscriber [organizations] organizations,
subscription coordinators, and utilities shall use the uniform electronic
transaction processes approved by the Commission.
B. Community Solar [Pilot] Program Data Collection.
(1) Subscriber organizations shall provide the Maryland Public
Service Commission with the following data by the 10th day of January, April,
July, and October, and the data will be provided to the Maryland Energy
Administration and may be made publicly available:
(a)—(h) (text unchanged)
(i) The expected in-service date; and
[(j) Pilot program capacity category to include at least one
of the following options: Very Small; Open; Low and Moderate Income; or
Small/Brownfields/Other; and]
[(k)] (j) (text
unchanged)
(2)—(4) (text unchanged)
.06 Renewable Energy Credit Ownership.
A. (text unchanged)
B. Subscriber organizations shall own and have title to all
renewable energy attributes or renewable credits associated with community
energy generating facilities for which they [have applied.] are
authorized by the Commission to participate in the Program.
.07 Conversion of Existing Solar Facilities.
[A. Eligibility.
(1) For purposes of this regulation, “existing” means a solar
generating system that commenced operation prior to May 15, 2016.
(2) Any project that commences operation on or after May 15, 2016,
is not considered to be a conversion for purposes of this program.]
B. A subscriber organization may apply to the Commission to
convert all or a portion of an existing solar generating system [with a
total capacity of 500 kilowatts or less to a CSEGS.] that
participates in net energy metering under Public Utilities Article, §7-306,
Annotated Code of Maryland into a community solar energy generation system
under the Program.
[C. A subscriber organization may apply to convert all or a
portion of an existing solar generating system to a CSEGS up to and including a
capacity of 2 megawatts after the first year of the program has ended in a
service territory whose CSEGS program capacity is 5 megawatts or less.]
.08 Project Location.
[A. Colocation.
(1) An electric company may not accept a CSEGS project of 500 kW or
greater that is proposed to be located on the same or an adjacent parcel as an
existing or proposed CSEGS project of 500 kW or greater which is located in its
service territory and is owned by any subscriber organization or affiliate
thereof.
(2) Parcels that are subdivided after May 12, 2015, shall be
considered as a single parcel for the purposes of these regulations unless a
subscriber organization demonstrates to the Commission that the subdivision was
not for the purposes of program queue eligibility.
(3) An electric company shall notify the Commission of a CSEGS
application that is proposed to be constructed within 1 mile of an existing
solar facility in its service territory.
(4) One or more subscriber organizations may not construct multiple
facilities on a single parcel of property.
B. Projects that are constructed in the following locations are
exempt from §A of this regulation:
(1) On the rooftops of buildings;
(2) In areas that are zoned for industrial use and are covered by a
recorded subdivision plat;
(3) Of a combined capacity not exceeding 6 MW on brownfield
locations and clean fill sites;
(4) Over parking lots or roadways; or
(5) On multi-level parking structures.
C. A project that is converted from an existing solar facility is
not subject to §A of this regulation.
D. Adjacent Parcels. For the purpose of §A of this regulation, a
parcel is considered to be adjacent to another project under the following
conditions:
(1) The parcels share a common boundary;
(2) The parcels are separated by one or more rights of way;
(3) The parcels are separated by a roadway or highway for public
use; and
(4) The parcels are separated by a remainder parcel that has at
least one dimension that is 75’ wide or less.
E. Colocation of Low and Moderate Income Projects.
(1) A subscriber organization may petition the Commission for
waiver of §A(1) and (4) of this regulation for the construction of projects:
(i) With a combined capacity not
exceeding 4MW; and
(ii) Which serve 100 percent of kWh output to Low or Moderate
income subscribers.
(2) The Commission may, in its discretion, grant the waiver request
for good cause shown.]
A. Except as provided in §B of this regulation, a community
solar energy generating system may not be located on the same or an adjacent
parcel of land as an existing or proposed community solar energy generating
system if the total installed capacity of all community solar energy generating
systems on the same or adjacent parcel would exceed 5 megawatts.
B. The prohibition under §A of this regulation does not apply to
projects constructed:
(1) On the rooftops of buildings;
(2) In areas that are zoned for industrial use;
(3) On brownfields locations and clean fill sites;
(4) Over parking lots or roadways;
(5) On multilevel parking structures;
(6) On or over transportation or public rights-of -way;
(7) At airports;
(8) On land that:
(a) Was previously zoned for industrial use or is ecologically
compromised; and
(b) Is not targeted for mitigation or restoration; or
(9) In any location if the combined capacity of all community
solar energy generating systems on the same or adjacent parcel does not exceed
10 megawatts and:
(a) At least 75% of the aggregate capacity of the co-located
community solar energy generating system serves LMI subscribers;
(b) For a site without a community solar energy generating
system installed before the start of the Program, all of the community solar
energy generating systems installed after the start of the Program are used for
agrivoltaics; or
(c) For a site with a community solar energy generating system
installed before the start of the Program, each new community solar energy
generating system installed after the start of the Program is used for
agrivoltaics.
.09 Subscription Coordinator Requirements.
A.—C. (text unchanged)
D. A subscription coordinator operating [on the effective
date of this regulation shall apply with the Commission within 180 days of the
effective date.] solely as an authorized subscriber organization
under the Pilot Program shall apply to the Commission to convert its
authorization to a subscription coordinator within 180 days of the start of the
Program.
20.62.04 [Pilot] Program [Study] Data
Authority: Public Utilities Article, §§2-113, 2-121, 7-306,
7-306.1, and 7-306.2, Annotated Code of Maryland
.01 CSEGS [Study.] Data.
An electric company shall provide the Commission with data
necessary to monitor the program status, impact on operations, and other
information upon request.
.02 Utility Data.
A. An electric company shall make reasonable attempts to assist [pilot
program] Program applicants with identifying means to locate and
operate community energy generation facilities in a manner that minimizes
adverse effects or maximizes distribution system benefits at locations
identified by applicants.
B.—C. (text unchanged)
D. An electric company shall maintain [for the duration of
the pilot,] the following customer information for each project
operating [during the pilot subscriber data, including:] under
the Program:
(1)—(4) (text unchanged)
E. (text unchanged)
.03 Subscriber Organization Data.
A. A subscriber organization shall maintain [for the
duration of the pilot program,] the following information for each
project operating [during the pilot program:] under the
Program:
(1)—(6) (text unchanged)
B.—C. (text unchanged)
20.62.05 Consumer Protection
Authority: Public Utilities Article, §§2-113, 2-121, 7-306,
7-306.1, and 7-306.2, Annotated Code of Maryland
.01 Scope.
A. This chapter applies to transactions between CSEGS subscriber
organizations, subscription coordinators, or their respective agents and
customers that are subscribing to a community solar energy generation system
under [a pilot] the [program] Program.
[approved by the Commission.]
B.—E. (text unchanged)
ANDREW S. JOHNSTON
Executive Secretary
Title 21
STATE PROCUREMENT REGULATIONS
Subtitle 11 SOCIOECONOMIC POLICIES
21.11.03 Minority Business
Enterprise Policies
Authority: State Finance and Procurement Article, §§12-101 and
14-301--14-308, Annotated Code of Maryland.
Notice of Proposed Action
[24-172-P]
The Board of Public Works proposes to repeal Regulation .16
under COMAR 21.11.03 Minority Business Enterprise Advisory Committee.
Statement of Purpose
The purpose of this action is
to amend regulations in COMAR Title 21 in order to streamline Minority Business
Enterprise (“MBE”) certification processes implemented by the Maryland
Department of Transportation.
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 Rachel Hershey, General Counsel, Board of
Public Works, 80 Calvert St., Suite 117, Annapolis, MD 21401, or call
410-260-7335, or email to rachel.hershey3@maryland.gov. Comments will be
accepted through January 13, 2025. A public hearing has not been scheduled.
.16 [Minority Business Enterprise Advisory Committee.
A. There shall be established within the Department of
Transportation a Minority Business Enterprise Advisory Committee which shall
make recommendations to the Secretary of Transportation concerning
certification, expansion of services, and nonrenewals
of minority business enterprises, and shall advise the Secretary of
Transportation on matters related to the Minority Business Enterprise Program.
B. The Minority Business Enterprise Advisory Committee shall
consist of 12 members including:
(1) A chairman and two additional members from the Department of
Transportation, designated by the Secretary of Transportation;
(2) One member from the Department of General Services, designated
by the Secretary of General Services;
(3) One member from the University System of Maryland, designated
by the Chancellor;
(4) One member from the Department of Budget and Management,
designated by the Secretary of Budget and Management;
(5) One member from the Department of Public Safety and
Correctional Services, designated by the Secretary of Public Safety and
Correctional Services;
(6) One member from the Governor's Office of Small, Minority &
Women Business Affairs, designated by the Special Secretary; and
(7) Four members representing the general public, designated by the
Secretary of Transportation.
C. Each committee member shall serve at the pleasure of the
designating authority.] Repealed.
JOHN GONTRUM
Executive Secretary
Title 32
MARYLAND DEPARTMENT OF AGING
Subtitle 02 PROVIDER REGULATIONS
Notice of Proposed Action
[24-181-P]
The Secretary of Aging proposes to amend:
(1) Regulations .13, .22,
.23, .36 under COMAR 32.02.01 Certificate of Registration for Continuing
Care Facilities and Providers; and
(2) Regulations .02, .10,
.14, .16, .17, .31 under COMAR 32.02.02
Certificate of Registration for Continuing Care at Home Providers.
Statement of Purpose
The purpose of this regulatory package is
to make updates to MDOA regulations for continuing care retirement communities
(CCRCs) and continuing care at home (CCAH) organizations. The proposed changes
will:
(1) Give the CCAHs additional, reasonable flexibility and reduce
their overall burden from certain outdated MDOA regulatory requirements.
a. Extend the time period CCAH organizations must review vendor
referral lists from one year to two years.
b. Allow CCAH providers to expand their geographic territory
without prior approval from MDOA, requiring written notification to MDOA for
growth into new service areas.
c. Reduce the frequency of CCAH financial statement and cash
reserves reporting by CCAH providers to MDOA from quarterly to every two years
(semi-annually).
(2) Update the annual licensing fee modestly to keep up with
current MDOA CCRC regulation division costs and increase fees associated the
costs of proposed changes of ownership, control and significant transfers of
assets of CCRCs and CCAHs so that MDOA may recoup the contracting costs it
regularly occurs when evaluating these proposals.
a. Raise the annual CCRC licensing fee $4 per unit (from $25 to
$29)
b. Establish new fees associated with MDOA’s evaluation of a:
i. CCRC that proposes a sale, transfer,
or reorganization of ownership or control - $20,000
ii. CCRC that proposes a transfer of more than 10% of its assets -
$10,000
iii. CCAH that proposes a sale, transfer, or reorganization of
ownership or control - $8,000
iv. CCAH that proposes a
transfer more than 10% of its assets - $5,000
Estimate of Economic Impact
I. Summary of Economic Impact. There are 36 CCRCs in
Maryland. The Department projects this
proposed increase in annual licensing fees ($4, from $25—$29) will generate
approximately $68,000 in additional annual revenue to MDOA. On average, this represents an increase of
$2,000 annually per CCRC provider depending on the number of units. This modest increase is necessary to make the
Department whole for its statutorily required work in licensing and regulating
CCRC and continuing care at home (CCAH) facilities. MDOA’s CCRC division has operated at a
deficit in recent years and has not raised licensing fees in several years.
In the Department’s experience, proposals for change of ownership,
control, and sales of CCRCs are the most complex and extensive to
evaluate. Recent invoices to the
Department from outside consultants for their work on these proposals have
routinely hovered around $20,000 per occurrence. To date the Department has absorbed this
significant cost with no way to recoup it from applicants. The Department also projects that in line
with national trends in the long-term care industry and economic pressures, there
may be increased volatility in the CCRC and CCAH industry, resulting in more
proposed acquisitions of this nature in Maryland, exacerbating the Department’s
need to recoup its consulting costs to evaluate them. The impact will be positive on the
Department’s CCRC budget, which will no longer have to absorb the costs
associated with evaluating changes of ownership. By shifting this acquisition review costs to
private market participants, the Department will be able to sustain its CCRC
division.
In the Department’s experience to date, proposed asset transfers
over 10% for CCRCs are less complex to evaluate, thus the Department proposes a
significantly lower fee of only $10,000 to cover any associated consulting
costs in the future. The Department has
never evaluated a CCAH acquisition, sale, change of ownership, control or
transfer of assets of a CCAH. CCAHs are
naturally smaller businesses than CCRCs typically with little to no real estate
involved with their operations and the value of their business stemming
primarily from service contracts, labor and intellectual property. Thus, the Department projects that should the
CCAH industry grow in the future, any changes of ownership, control and
transfers of assets proposed for them would be less complex and time consuming
for consultants to sufficiently evaluate.
The proposed action will shift these costs associated with the
Department’s required evaluation of a proposed sale, change of ownership or
control or significant transfer of assets for a CCRC or CCAH onto the provider
applicant and potential new ownership.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
NONE
|
|
|
B. On other State agencies:
|
NONE
|
|
|
C. On local governments:
|
NONE
|
|
|
|
|
|
|
|
Benefit
(+)
Cost
(-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
|
|
|
(1) Continuing Care at
Home
|
(+)
|
Minor
|
|
(2) Continuing Care
Retirement Communities
|
(-)
|
Minor
|
|
E. On other industries or
trade groups:
|
NONE
|
|
|
F. Direct and indirect
effects on public:
|
NONE
|
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
D(1). Will experience greater flexibility and reduction of outdated
regulatory requirements, inviting more growth of this sector in Maryland in the
future.
D(2). Will experience a minor annual fee increase and a new
"user-fee" for the MDOA required evaluation of significant
transactions.
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 Andrea
Nunez, Legislative Director, MD Department of Aging, 301 W. Preston Street
Suite 1007 Baltimore, MD 21201, or call 443-414-8183, or email to
andreah.nunez@maryland.gov. Comments will be accepted through January 13, 2025.
A public hearing has not been scheduled.
32.02.01
Certificate of Registration for Continuing Care Facilities and Providers
Authority: Human Services Article, §10-403, Annotated Code of
Maryland
.13 Application for Renewal Certificate of Registration.
A.— B. (text unchanged)
C. The application for a renewal certificate of registration shall
include the following information and attachments:
(1) — (11) (text unchanged)
(12) A renewal fee of [$25] $29 per unit;
(13) — (16) (text unchanged)
D.— E. (text unchanged)
F. If the materials required in §C of this regulation are not
received in the Department within 120 days after the end of the provider's
fiscal year, the Department [shall] may charge a late fee of $10 per
unit in addition to the renewal fee per unit, unless a written request for an
extension is submitted to and approved by the Department within the 120-day
period.
G. (text unchanged)
.22 Sale, Transfer, or Reorganization of Ownership or Control.
A .— B. (text unchanged)
C. Request for Approval of a Sale or Transfer of Ownership or
Control.
(1) (text unchanged)
(2) Along with the written notice to the Department required by
§C(1)(b) of this regulation, the provider shall submit a payment to the
Department of $20,000.
[(2)] (3) —[(5)] (6) (text unchanged)
D.—F. (text unchanged)
.23 Sale, Transfer, or Other Disposition of Assets.
A.— C. (text unchanged)
D. Transfer of More than 10 Percent of Assets
(1) — (3) (text unchanged)
(4) Along with the written notice to the Department required by
§D(2) of this regulation, the provider shall submit a payment to the Department
of $10,000.
[(4)] (5)— [(5)] (6) (text unchanged)
E.— G. (text unchanged)
.36 Appeals.
[A person] An applicant for, or a holder of, a feasibility study approval,
preliminary certificate, initial certificate, or renewal certificate that is aggrieved
by a denial of a certificate of registration, by a revocation of a certificate
of registration, or by any other action of the Department or Secretary under
this chapter, may file a written appeal. An appeal of any action taken by the
Department or Secretary under this chapter shall be conducted in accordance
with the Maryland Administrative Procedure Act, State Government Article, Title
10, Subtitles 2 and 3, Annotated Code of Maryland, and COMAR 32.01.01.
32.02.02
Certificate of Registration for Continuing Care at Home Providers
Authority: Human Services Article, §10-454, Annotated Code of
Maryland
.02 General Requirements to Offer Continuing Care at Home.
A.— G. (text unchanged)
H. Assistance with Dwelling Maintenance.
(1) (text unchanged)
(2) The provider shall:
(a) Check the liability insurance coverage[,] and any
applicable licenses[, and at least two references of vendors or suppliers on
the referral list]; and
(b) Review the [insurance, license, and reference information
annually and update its files accordingly] referral list for any changes in
insurance coverage, licenses, or quality of service every 2 years.
(3) (text unchanged).
I.— M. (text unchanged)
.10 Action of Department on Application for an Initial Certificate
of Registration.
A. The Department shall issue an initial certificate of
registration when it determines that all of the following conditions have been
met:
(1) — (4) (text unchanged)
(5) The provider has submitted documentation that demonstrates to
the satisfaction of the Department that arrangements [for the personnel and
services necessary to provide continuing care at home] have been made for
care coordination services consistent with Regulation .02E(1) of this chapter;
[and]
(6) The provider has submitted proposed agreements that will be
entered into with respect to future health care services consistent with
Regulation .02E(3—(6) of this chapter; and
[(6)] (7) (text unchanged)
B.— E. (text unchanged)
F. If the Department issues an initial certificate of
registration to a provider, the provider need not re-apply to the Department to
certify additional geographic territories within the State of Maryland and
shall instead notify the Department in writing in advance that the provider
seeks to service additional geographic territories in the State of Maryland.
.14 Reserve Requirements.
A.— I. (text unchanged)
J. [Quarterly] Semi-Annual Reporting. For the first 5 years
following the issuance of an initial certificate, a provider shall submit to
the Department on a [quarterly] semi-annual basis a financial statement
that specifies and describes the status of each reserve required by the
regulation. The submission for a renewal certificate under Regulation .11 of
this chapter shall count toward such reporting requirement so that the provider
need only submit one additional report per year.
K. (text unchanged)
.16 Sale, Transfer, or Reorganization of Ownership or Control.
A.— B. (text unchanged)
C. Request for Approval of a Sale or Transfer of Ownership or
Control.
(1) (text unchanged)
(2) Along with the written notice to the Department required by
§C(1)(b) of this regulation, the provider shall submit a payment to the
Department of $8,000.
[(2)] (3)— [(5)] (6) (text unchanged)
D.–F. (text unchanged)
.17 Sale, Transfer, or Other Disposition of Assets.
A.–C. (text unchanged)
D. Transfer of More than 10 Percent of Assets
(1)—(3) (text unchanged)
(4) Along with the written notice to the Department required by
§D(2) of this regulation, the provider shall submit a payment to the Department
of $5,000.
[(4)] (5)—[(5)] (6) (text unchanged)
E.— G. (text unchanged)
.31 Appeals.
[A person] An applicant for, or a holder of, a feasibility study approval,
preliminary certificate, initial certificate, or renewal certificate that is aggrieved
by a denial of a certificate of registration, by a revocation of a certificate
of registration, or by any other action of the Department or Secretary under
this chapter, may file a written appeal. An appeal of any action taken by the
Department or Secretary under this chapter shall be conducted in accordance
with the Maryland Administrative Procedure Act, State Government Article, Title
10, Subtitles 2 and 3, Annotated Code of Maryland, and COMAR 32.01.01.
CARMEL ROQUES
Secretary Department of Aging
Title 36
MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY
Subtitle
02 LOTTERY PROVISIONS
36.02.08 Voluntary Assignment of Monetary
Prizes
Authority: Criminal
Procedure Article, §11-618; Family Law Article, §10-113.1; State Finance and
Procurement Article, §3-307; State Government Article, §§9-109, 9-110, and
9-122, Annotated Code of Maryland.
Notice of Proposed
Action
[24-185-P]
The Maryland State Lottery
and Gaming Control Agency proposes to amend Regulations .01—.04, repeal
existing Regulations .05 and .09, and amend and recodify existing
Regulations .06—.08 to be Regulations .05—.07 under COMAR
36.02.08 Voluntary Assignment of Monetary Prizes. This action was considered at the Maryland
Lottery and Gaming Control Commission open meeting held on October 24, 2024,
notice of which was given pursuant to General Provisions Article, §3-302(c),
Annotated Code of Maryland.
Statement of Purpose
The
purpose of this action is to:
(1) Clarify several definitions and
correct a statutory reference under Regulation .01;
(2) Clarify the assignment process
and simplify the language by referring to the Assignment Law instead of
repeating it under Regulations .02 and .03;
(3) Remove information in regulation
that is already in the Assignment Law and clarify what is required to be
submitted in order to assign a prize under Regulation .04;
(4) Repeal Regulation .05 as the
submission process would now be under Regulation .04;
(5) Recodify Regulation .06, which
raises the fee from $1,000 to $2,000 to better recover the Agency’s costs of
processing an assignment, which is time consuming;
(6) Recodify Regulation .07 and
simplify existing language describing the required court orders; and
(7) Repeal Regulation .09 as the
Agency’s responsibilities are noted in the Assignment Law.
Estimate of Economic Impact
I. Summary of Economic Impact. Lottery winners who receive
their annual lottery prize payments via an annuity payment will sometimes
contact a financial services company to get cash in times of need and, as a
result of this financial transaction, will assign all or a portion of their future
annuity payments from the Maryland Lottery and Gaming to this company in
exchange for this cash payment. Once
the financial transaction is completed, both the Assignor and Assignee have
adequate financial resources to pay the required administrative fee to process
the voluntary assignment request.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
|
|
|
Maryland Lottery and
Gaming Control Agency
|
(R+)
|
Insignificant
|
|
B. On other State agencies:
|
NONE
|
|
|
C. On local governments:
|
NONE
|
|
|
|
|
|
|
|
Benefit
(+)
Cost
(-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
NONE
|
|
|
E. On other industries or
trade groups:
|
NONE
|
|
|
F. Direct and indirect
effects on public:
|
|
|
|
Assignee
|
(-)
|
Minor
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
A(1). MLGCA would receive one voluntary assignment request every
five (5) years.
F(1). The Assignee would be responsible for paying the
administrative fee of $2,000 to the Agency to process a request for a voluntary
assignment.
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 James B. Butler, Assistant Deputy Director,
Chief of Staff, Maryland Lottery and Gaming Control Agency, 1800 Washington
Blvd., Suite 330, Baltimore, MD 21230, or call 410-230-8781, or email to
jbutler@maryland.gov. Comments will be accepted through January 13, 2025. A
public hearing has not been scheduled.
.01 Definitions.
A. (text unchanged)
B. Terms Defined.
(1) “Assignee” means a person who:
(a) [enters] Enters into a contract [of]
for voluntary assignment [with] of a lottery prize payment [winner or the estate of a
lottery prize winner to]
(b) [obtain by] Obtains a court order for voluntary assignment of the lottery
prize winner’s lottery prize payment in whole or in part; and
(c) Becomes a lottery prize
winner.
(2) “Assignee affidavit” means a sworn statement [made under oath before a notary public
by a person representing that the person seeks to obtain an assignment] of
an assignee.
(3) “Assignment” means [the
voluntary written transfer under a court order pursuant to the Assignment Law
by:
(a) A lottery prize winner of all or part of the lottery prize
winner’s prize payment to an assignee or subsequent assignee by court order; or
(b) An assignee or subsequent assignee of the same or related
lottery prize payment that was previously assigned by court order] court-ordered
payment of a lottery prize to an assignee or subsequent assignee and may
include a divorce decree.
(4) “Assignment Law” means State Government Article, [§9-122(b)(1)—(4)] §9-122(b), Annotated
Code of Maryland, and this chapter.
(5) (text unchanged)
(6) “Assignor affidavit” means a sworn statement made under oath
before a notary public by:
(a) A lottery prize winner who seeks to assign [in whole or in part] the lottery prize [winner’s monetary prize] payment;
or
(b) A person who was [previously
granted assignment by the court of the same or a related lottery prize payment
that the person seeks to reassign] an assignee.
(7) “Contract of assignment” means the written instrument[, however named,] that is used to execute an assignment of a lottery prize payment.
(8) “Court” means the circuit
court in the county where the Agency’s headquarters [are] is located.
(9) “Lottery prize payment” means a monetary prize that the Agency
pays in installments over time that is an
annuity.
(10) “Lottery prize winner” means [the] a person who [won] wins a lottery prize [payment].
(11) “Petition” means a [written
instrument] document filed in court requesting the assignment of a lottery
prize payment.
[(12) “Subsequent
assignee” means a person designated by court order to receive the same or a
related lottery prize payment from the Agency.]
.02 General.
A. An assignment [is permitted as authorized by State Government
Article, §9-122(b)(1)—(4), Annotated Code of Maryland.
B. The manner by which an assignment may be processed is as
provided in State Government Article, §9-122(b)(1)—(4), Annotated Code of
Maryland.
C. For purposes of determining annually whether an assignee or
subsequent assignee owes State obligations, the Agency shall treat an assignee
or subsequent assignee as if they won the prize.] of a lottery prize payment shall be conducted in accordance with the
Assignment Law.
B. The Agency shall treat an
assignee as a lottery prize winner.
.03 [Who May Seek] Petition
for Assignment.
[A.] A person [entitled to
receive a] seeking to assign a lottery prize payment may file a petition with
the court for voluntary assignment of all or part of [the] a lottery prize payment under the Assignment Law.
[B. If a lottery prize
payment is jointly owned, before an owner of the prize may file a petition in
court for voluntary assignment of all or part of the lottery prize, all joint owners
of the same lottery prize payment shall:
(1) Agree to the assignment;
(2) Join into the written contract of assignment with the assignee;
and
(3) Complete an assignor affidavit.
C. Married Person Seeking Assignment. If a lottery prize winner is
married at the time the lottery prize winner seeks to assign any portion of a
lottery prize payment, the lottery prize winner’s spouse shall agree to the
assignment by:
(1) Joining into the written contract of assignment with the
assignee; and
(2) Completing an assignor affidavit.]
.04 [Affidavits] Required Submissions.
[A. An assignor
affidavit and an assignee affidavit prepared and currently in use by the Agency
shall be used to process a voluntary assignment request.
B. An assignor affidavit or an assignee affidavit not prepared by
the Agency may be used only if:
(1) The affidavit substantially complies with the Agency prepared
affidavit; and
(2) Approval to use the affidavit is obtained in writing from the
Agency prior to the filing of the petition.
C. The content of the affidavit shall be consistent with the
requirements of State Government Article §9-122(b)(4) Annotated Code of
Maryland.]
A. An assignor and assignee
shall each file an affidavit with the court as required under the Assignment
Law.
B. The assignor and assignee
shall provide the Agency with the written notice required under the Assignment
Law.
C. Death of Joint Owner. If
an owner of a lottery annuity dies after winning the lottery prize, a surviving
joint owner shall submit to the Agency:
(1) A certified copy of the
death certificate;
(2) Written notice required
under §B of this regulation.
[.06] .05 Fees.
A. An assignor, assignee or
both shall pay [An] an
administrative fee of [$1,000] $2,000
[shall be paid] to the Agency to process a request for a voluntary assignment.
B. An assignor, assignee or both shall pay [The] the administrative fee required in §A of
this regulation [is payable] each time [a] any portion of a lottery prize payment [or any portion of a lottery prize payment is requested to be] is
voluntarily assigned or reassigned.
C. An assignor, assignee or
both [Payment of all fees due to the Agency shall be paid by a] shall pay the fees due to the Agency by
certified check or money order [made
payable to the Agency when] at the same time that the petition is
submitted to the Agency [under
Regulation .05 of this chapter].
[D. The fees may be paid
to the Agency by the assignee, the assignor, or both.]
[E.] D.—[F.] E. (text unchanged)
[.07] .06 Special
Requirements.
An assignor and an assignee shall provide written documentation to
the Agency and the court that [, as
of the date of the court order approving the voluntary assignment, the
voluntary] the assignment does not include [or cover payments or parts of payments subject to]:
A.—D. (text unchanged)
[.08] .07 Requirements
for Court Order.
A. Preparation of the Proposed
Court Order.
[(1) The] An assignee
seeking assignment shall:
(1) [prepare] Prepare the proposed court order [that
will approve the assignment.] ;
(2) Ensure that the court order contains the information
required in the Assignment Law;
(3) Submit the proposed court order to the Agency; and
(4) Follow the procedures set out in the Assignment Law.
[(2) The assignee
seeking the assignment shall submit a draft of the court order to the Agency
for its approval before submitting the court order to the court for its
consideration.
B. Content of Court Order. A court order shall:
(1) Include all the information the Agency requires that is
consistent with the Assignment Law;
(2) State that, if the assignee or subsequent assignee owes State
obligations, all or part of a prize payment may be withheld;
(3) Where applicable, require that the assignee or subsequent
assignee be in good standing with the Maryland Department of Assessments and
Taxation and any other licensing or regulatory unit whose approval is required
in the conduct of the assignee's and subsequent assignee’s business prior to
the Agency making any prize payment; and
(4) State that the court has found the assignment to be in full
compliance with the Assignment Law.]
[C.] B. [Timeliness of] Final Court Order.
(1) Based upon the Agency’s
lottery prize payment installment due dates, the assignor and assignee shall [ensure that a court order assigning
the lottery prize payment shall be submitted] submit the final court
order to the Agency [in
accordance with the following time frames]:
(a)—(d) (text unchanged)
(2) [Consistent with the
time frames established in the regulation, the assignee shall submit to
Agency’s counsel a certified copy of the court order approving the voluntary
assignment at least 60 days before the date on which the lottery prize payment
is due] The court orders specified in §B(1)of this regulation shall be
certified.
JOHN A. MARTIN
Director
Errata
COMAR
15.03.07
At 51:24 Md. R. 1097 (December 2,
2024), column 1, line 1 from the top:
For: 15.03.11
Fees Charged to Test Standards.
Read: 15.03.07 Fees Charged to Test Standards.
At 51:24 Md. R.
1097 (December 2, 2024), column 1, line 8 from the top:
For: Regulations .02—.05,
.08—.12, and .15 under COMAR 15.03.11
Read: Regulations .02—.05, .08—.12, and .15
under COMAR 15.03.07 [24-25-08]
COMAR
20.50.09
At 51:24 Md. R. 1097 (December 2,
2024), column 1, following line 3 from the bottom:
Insert:
(10)—(11) (proposed
text unchanged)
B. — H. (proposed
text unchanged)
[24-25-09]
Special Documents
DEPARTMENT OF THE ENVIRONMENT
WATER AND SCIENCE
ADMINISTRATION
Water Quality Certification 24-WQC-0033
Baltimore City,
Dept. of Recreation and Parks
3001 East Drive
Baltimore, MD
20716
Add’l.
Info: Pursuant
to COMAR 26.08.02.10F(3)(c), The Maryland Department of the Environment is
providing notice of its issuance of a Water Quality Certification 24-WQC-0033
Location: Between the S. Hanover St
embankment and Potee St. bridge, Brooklyn, MD 21215
1.
Remove
all existing phragmites.
2.
Construct
a 4,471-square foot sand/gravel stone sill and regrade entire site to create
15,691 square feet of shallow open water, 13,297 square feet of mudflat, 23,882
square feet of low marsh vegetation, 38,050 square feet of high marsh
vegetation, and 127,072 square feet of supratidal marsh vegetation
The WQC
and its attachments may be viewed at the following link:
https://mde.maryland.gov/programs/Water/WetlandsandWaterways/Pages/WQC.aspx
Appeal of
Final Decision. This Water Quality Certification is a final agency decision.
Any person aggrieved by the Department’s decision to issue this WQC may appeal
such decision in accordance with COMAR 26.08.02.10F(4). A request for appeal
shall be filed with the Department within 30 days of publication of the final
decision and specify in writing the reason why the final decision should be
reconsidered. A request for appeal shall be submitted to: Secretary of the
Environment, Maryland Department of the Environment, 1800 Washington Boulevard,
Baltimore, MD 21230. Any request for an appeal does not stay the effectiveness
of this WQC.
Contact: Matt Wallach at matthew.wallach@maryland.gov or 410-207-0893
[24-25-10]
General Notices
Notice
of ADA Compliance
The State of Maryland is committed to
ensuring that individuals with disabilities are able to fully participate in
public meetings. Anyone planning to
attend a meeting announced below who wishes to receive auxiliary aids,
services, or accommodations is invited to contact the agency representative at
least 48 hours in advance, at the telephone number listed in the notice or
through Maryland Relay.
COMMISSIONER OF FINANCIAL REGULATION
Subject: Bank Merger
Date and Time: , —
Place: Baltimore, MD
Add'l. Info: On November 26, 2024, Atlantic Union Bankshares
Corporation, a Virginia corporation, filed an application with the Office of
Financial Regulation (the “Office”), pursuant to Financial Institutions
Article, §5-904, Annotated Code of Maryland, for approval of the merger of
Sandy Spring Bancorp, Inc., a Maryland corporation and registered bank holding
company with and into Atlantic Union Bankshares Corporation, a Virginia
corporation, and registered bank holding company. In accordance with Financial Institutions
Article, §3-703, Annotated Code of Maryland, Atlantic Union Bankshares
Corporation, and its subsidiary bank, Atlantic Union Bank, a Virginia
state-chartered bank located in Richmond, Virginia that is a member of the
Federal Reserve System, also filed an application with the Office to merge
Sandy Spring Bank, a Maryland state-chartered bank located in Olney, Maryland
that is a member of the Federal Reserve System, with and into Atlantic Union
Bank, a Virginia state-chartered bank and a wholly-owned subsidiary of Atlantic
Union Bankshares Corporation, with Atlantic Union Bank being the surviving
entity. These applications are on file
at the Office of Financial Regulation, 100 S. Charles Street, Suite 5300,
Baltimore, MD 21201. Comments regarding this application must be submitted in
writing and must be received by the Office within 20 calendar days of the date
of publication of this notice in the Maryland Register. For further
information, contact Stephen J. Clampett, Assistant Commissioner at
410-230-6104.
Contact: Stephen J. Clampett 410-230-6104
[24-25-07]
MARYLAND HEALTH CARE COMMISSION
Subject: Public Meeting
Date and Time: December 19, 2024,
1—4 p.m.
Place: 4160 Patterson Avenue, Baltimore, MD
Add'l. Info: Meeting will by hybrid. Please register to attend
virtually at https://mhcc.maryland.gov
Contact: Valerie Wooding
410-764-3570
[24-25-01]
STATE COLLECTION AGENCY LICENSING BOARD
Subject: Public Meeting
Date and Time: January 14, 2025,
2—3 p.m. Thereafter, the public meetings will take place the second Tuesday of
every month, accessed via the Google Meet information below.
Place: Google
Meet joining info:
Video call link:
https://meet.google.com/ahz-mgnk-jsu
Or dial: ‪(US) +1
530-738-1353‬ PIN: ‪815 799 863‬#
More phone numbers:
https://tel.meet/ahz-mgnk-jsu?pin=1097700804795
Add'l.
Info: If
necessary, the Board will convene in a closed session to seek the advice of
counsel or review confidential materials, pursuant to General Provisions
Article, Maryland Annotated Code §3-305.
Contact: Ayanna Daugherty
410-230-6019
[24-25-03]
MARYLAND VETERANS HOME COMMISSION
Subject: Public Meeting
Date (of meeting) 12-18-24
Time 10—11a.m.
Place Charlotte Hall Veterans Home
City Charlotte Hall
State MD
Additional Information The Maryland Veterans Home Commission will
host its Quarterly Meeting at Charlotte Hall Veterans Home on Dec. 18, 2024.
This meeting is open to the public.
Contact CHVH Director, John Lombardi 240-496-7591
[24-25-11]