Title 10
MARYLAND DEPARTMENT OF HEALTH
Subtitle 67 MARYLAND HEALTHCHOICE
PROGRAM
Notice of Final Action
[26-046-F]
On September 3, 2026, the Secretary of Health adopted amendments
to:
(1) Regulation .08 under COMAR 10.67.03 Maryland Medicaid
Managed Care Program: MCO Application;
(2) Regulations .02, .03-2, and .20 under COMAR
10.67.04 Maryland Medicaid Managed Care Program: Managed Care Organizations;
(3) Regulations .07 and .28 under COMAR 10.67.06
Maryland Medicaid Managed Care Program: Benefits; and
(4) Regulations .02 and .04 under COMAR 10.67.09
Maryland Medicaid Managed Care Program: MCO Dispute Resolution Procedures.
This action, which was proposed for adoption in 53:9 Md. R. 425—427
(May 1, 2026), has been adopted with the nonsubstantive changes shown below.
Effective Date: September 28, 2026.
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 10.67.04.03-2:
The proposed Final Action amendment makes a nonsubstantive change to
10.67.04.03-2 J(3)(a)(ii) to correct a typo in the existing text by changing
the word ‘years’ to ‘year’. The proposed change is nonsubstantive as it does
not include any material that goes beyond the scope of the amendment as
originally proposed. The original proposal already included several amendments
to the HealthChoice Population Health Incentive Program, including updates to
change the Program’s incentive payment categories to be determined by the prior
measurement year, rather than the current measurement year. Additionally, the
Final Action amendment would align 10.67.04.03-2 J(3)(a)(ii) with subparagraphs
(i) and (iii) which already contain the appropriate ‘prior measurement year’
phrasing and therefore could have been reasonably anticipated by the public.
Pages 129—131 of the 2026 HealthChoice MCO Agreement contain the intended
language regarding a singular year versus plural years. The Department does not
anticipate any groups being significantly disadvantaged by these changes.
10.67.04
Maryland Medicaid Managed Care Program: Managed Care Organizations
Authority: Health-General Article, §§2-104, 15-101, 15-102.3, and
15-103; Insurance Article, §§15-112, 15-605, and 15-1008; Annotated Code of
Maryland
.03-2 HealthChoice Population Health Incentive Program (PHIP).
A.—I. (proposed text unchanged)
J. Round One Incentives.
(1)—(2) (proposed text unchanged)
(3) Performance Incentive Payments for Round One.
(a) Performance incentive payments shall be based on the following
categories for each performance measure:
(i) (proposed text unchanged)
(ii) Very strong performance, meaning the performance measure’s
score is between the 75th and 89th percentiles,
inclusive, of HEDIS Medicaid performance nationwide during the prior measurement
[[years]] year, or between the estimated 75th
and 89th percentiles, inclusive, among Maryland HealthChoice MCO
performance for non-HEDIS performance measures; or
(iii) (proposed text unchanged)
(b) (proposed text unchanged)
(4) (proposed text unchanged)
K.—N. (proposed text unchanged)
MEENA SESHAMANI, MD, PHD
Secretary of Health
Title 11
DEPARTMENT OF TRANSPORTATION
Subtitle 15 MOTOR VEHICLE
ADMINISTRATION—VEHICLE REGISTRATION
Notice of Final Action
[26-073-F]
On August 27, 2026, the Administrator of the Motor Vehicle
Administration adopted:
(1) The recodification of existing Regulation .04 to be
Regulation .02, and the repeal of existing Regulation .05 under COMAR
11.15.20 Dump Service Registration; and
(2) Amendments to Regulation .02, amendments to and the recodification of existing Regulations .06
and .07 to be Regulations .05 and .06 respectively, and
the recodification of existing Regulations .05 and .08 to be
Regulations .07 and .08, respectively, under COMAR 11.15.27
Four or More Axle Dump Service Vehicles.
This action, which was proposed for adoption in 53:12 Md. R.
566—567 (June 12, 2026), has been adopted with the nonsubstantive changes shown
below.
Effective Date: September 28, 2026.
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 11.15.27:
Regulation [.05] .04B: Delete “(1)”, and “(2) The owner of a
retrofitted vehicle shall comply with the provisions of COMAR 11.15.20.05.” to
remove unnecessary language.
Regulation [.06] .05A:
• Change “Regulation .05” to
“Regulation .04”;delete “: (1) Documented” and add “documented”; and
delete “shall” to correct the cross-referencing and remove unnecessary
language;
• Change “(a)” to “(1)”;
change “,” to “;” to recodify and to complete sentence; and
• Change “(b)” to “(2)”;
delete “; and (2) Carried in the vehicle at all times and produced upon
the demand of a law enforcement officer” to recodify and remove unnecessary
language.
Regulation [.06] .05C: change “Regulation .05” to “Regulation .04”
to correct the cross-referencing.
Regulation [.06] .05E: change “Regulation .05” to “Regulation .04”
to correct the cross-referencing.
11.15.27 Four
or More Axle Dump Service Vehicles
Authority: Transportation Article, §§12-104(b) and 13-919,
Annotated Code of Maryland
[.05] .04 Lift
Axle and Vehicle Design Requirements.
A. (proposed text unchanged)
B. Existing Vehicles.
[[(1)]] All components including a
lift axle added on a retrofitted vehicle shall meet the design requirements
specified in §A of this regulation.
[[(2) The owner of a retrofitted vehicle
shall comply with the provisions of COMAR 11.15.20.05.]]
.05 Certification.
A. Certification of compliance with [[Regulation .05]] Regulation
.04 of this chapter shall be documented on letterhead stationery
by the manufacturer, second-stage manufacturer, or authorized dealer and
[shall] include, in addition to information required by 49 CFR §§567.4 and
567.5:
(1)—(2) (proposed text unchanged)
B. (proposed text unchanged)
C. Upon receipt of the required documents, the Administration
shall issue a certification stating that the vehicle meets the requirements of
this regulation and [[Regulation .05]] Regulation
.04 of this chapter.
D. (proposed text unchanged)
E. The Administration may revoke the certification to operate
this vehicle if the Administration finds that the vehicle no longer meets the
requirements of this regulation and [[Regulation .05]]
Regulation .04 of this chapter.
CHRISTINE NIZER
Administrator
Title 20
PUBLIC SERVICE COMMISSION
Subtitle 96 LARGE LOAD CUSTOMERS
20.96.01 Large Load
Study and Tariff Requirements
Authority: Public Utilities Article, §4-212(f), Annotated Code
of Maryland
Notice of Final Action
[26-021-F]
On August 18, 2026, the Public Service Commission adopted new
Regulations .01—.08 under a new chapter, COMAR 20.96.01 Large Load
Study and Tariff Requirements, under a new subtitle, Subtitle 96 Large
Load Customers. This action, which was proposed for adoption in 53:13 Md.
R. 614—615 (June 26, 2026), has been adopted as proposed.
Effective Date: September 28, 2026.
ANDREW S. JOHNSTON
Executive Secretary
Proposed Action on Regulations
Title 03
COMPTROLLER OF THE TREASURY
Subtitle 04 INCOME TAX
03.04.02 Individual
Authority: Tax-General Article, §§2-103, 2-120, 10-102.1,
10-208, and 10-823, Annotated Code of Maryland
Notice of Proposed Action
[26-153-P]
The Comptroller of the Treasury proposes to adopt new Regulation .19
under COMAR 03.04.02 Income Tax.
Statement of Purpose
The purpose of this action is to codify the procedures for
administration of the income tax reconciliation program created under
Tax-General Article, §2-120, Annotated Code of Maryland.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to John Werner, Senior Tax Attorney III,
Comptroller of the Treasury, Comptroller of Maryland Legal Division, P.O. Box
2983 Annapolis, Maryland 21404-2983, or call (410) 260-6112, or email to
[email protected]. Comments will be accepted through October 19, 2026.
A public hearing has not been scheduled.
.19 Fresh Start Program.
A. Definitions.
(1) In this regulation, the following terms have the meanings
indicated.
(2) Terms Defined.
(a) “Applicable income limit” means 200 percent of the most
recently published federal poverty level guidelines, updated periodically in
the Federal Register by the Secretary of the Department of Health and Human
Services as set forth in 42 U.S.C. §9902(2), as of the date of the application.
(b) Applicant.
(i) “Applicant” means an individual who submits
an application for a payment plan, interest waiver, and penalty waiver
under the Comptroller's Fresh Start Program.
(ii) “Applicant” includes both individuals when an income tax
return required to be filed under §B(1)(e) of this regulation is filed jointly
with another person,.
(c) “Program” means the
Income Tax Reconciliation Program established under Tax-General Article,
§2-120, Annotated Code of Maryland.
(d) “Justice-involved individual” means an individual who is
convicted of or pleads guilty to a crime and:
(i) Is currently serving a term of imprisonment of at least 6
months but not more than 10 years in a State or federal correctional facility;
or
(ii) Has been released after
serving a term of imprisonment of at least 6 months but not more than 10 years
in a State or federal correctional facility within the immediately preceding 2
years.
B. Application.
(1) To qualify for the Program, an individual must:
(a) Be a justice-involved individual;
(b) Have been assessed for an individual income tax deficiency
for a taxable year during which the individual was incarcerated in a
correctional facility operated by the State of Maryland or federal government;
(c) Submit a complete application for the Program in the form
and manner required by the Comptroller;
(d) At the time of application, have federal adjusted gross
income equal to or less than the applicable income limit; and
(e) Subject to §B(2) of this regulation, file a Maryland income
tax return as an individual, or jointly with another person unable to file the
joint return, for each tax year included in the application.
(2) For any taxable year for which spouses are jointly liable
for an assessed income tax deficiency, a spouse who is not a justice-involved
individual is presumed to be able to file the joint return; therefore, the
taxable year is not eligible for the Program.
(3) The application must include for each applicant:
(a) Legal name;
(b) Address;
(c) Social Security number or
individual taxpayer identification number;
(d) Documentation substantiating the dates of incarceration;
(e) The taxable year for which relief is sought;
(f) Documentation substantiating income at the time of
application; and
(g) Any other information requested by the Comptroller in the
form and manner requested.
C. The Program applies to an assessment issued for a taxable
year that begins after December 31, 2024, but before January 1, 2030.
D. Evaluation.
(1) For each tax year for which the Comptroller determines that
an applicant qualifies for the Program, the Comptroller shall:
(a) Approve the application as to each qualifying tax year;
(b) Abate all penalties and interest accrued to date and prevent
the further accrual of interest and penalties that would otherwise accrue
during the payment plan period on the unpaid individual income tax due for each
qualifying tax year, conditioned on the applicant making all payments required
under the terms of the payment plan;
(c) Notify the applicant in writing of the approval and the
terms of repayment; and
(d) Establish a payment plan for the applicant to pay the unpaid
income tax over a period not exceeding 10 years from the date of approval of
the application.
(2) Except as provided in §D(3) of this regulation, for each
year for which the applicant does not qualify for the Program, the Comptroller
shall:
(a) Deny the application;
(b) Notify the applicant in writing of the reason for the
denial; and
(c) Provide information on other assistance programs offered by
the Comptroller, if applicable.
(3) If the applicant would otherwise qualify for the Program but
has not filed the required tax return, the Comptroller shall:
(a) Notify the applicant of each tax year for which a return
must be filed; and
(b) Allow the applicant 60 days to file the required tax return.
(4) If the applicant fails to file a tax return within the 60
days allowed under §D(3)(b) of this regulation, the application shall be
denied.
E. If an applicant fails to make payments or otherwise fails to
comply with the terms of a payment plan established under §D(1)(d) of this
regulation, or is determined to have submitted materially inaccurate
information to the Comptroller in the application process, the Comptroller
shall revoke the payment plan and reverse any abatements of accrued penalty and
interest for the unpaid income tax that were made on the condition that the
taxes under the payment plan are paid.
F. For a tax year included in a repayment plan under the
Program, the Comptroller may require an applicant to submit a revised
application to redetermine eligibility for the Program if:
(1) The Comptroller determines that there is an additional tax
liability due;
(2) After receiving an approval, the applicant files an amended
return;
(3) After receiving an approval, the Comptroller grants a
separation of liability; or
(4) After receiving an approval, the
Comptroller determines information provided by the applicant was materially
inaccurate.
BROOKE E. LIERMAN
Comptroller of the
Treasury
Title 08
DEPARTMENT OF NATURAL RESOURCES
Subtitle 02 FISHERIES SERVICE
08.02.05 Fish
Authority: Natural Resources Article, §§4-2A-03 and 4-215,
Annotated Code of Maryland
Notice of Proposed Action
[26-060-P]
The Secretary of Natural Resources proposes to amend Regulations .07,
.13, and .20 under COMAR 08.02.05 Fish.
Statement of Purpose
The purpose of this action is to require seafood dealers to allow
Department biologists access to Atlantic menhaden, tautog, and weakfish landed
in Maryland. The proposed action also updates the public notice provisions for
each species to reflect the Department’s current public notice process.
The Atlantic States Marine Fisheries Commission (ASMFC) requires
states to conduct commercial fishery biological sampling for Atlantic menhaden,
tautog, and weakfish through the fishery
management plan (FMP) for each species. Required data include, but are not
limited to, length, weight, and age. If Maryland is unable to comply with the
sampling requirement for each species, it could lead to a closure of the
affected species fisheries in Maryland waters.
Until now, the Department has been able to get the required samples
through cooperating commercial fishermen and through purchase of fish at
seafood dealers. However it has been more difficult to obtain the data in
recent years, in large part due to low species availability. Data collected on site (e.g., length or weight)
would not physically damage the fish and therefore marketability would not be
reduced. When needed, the Department would still purchase fish of these species
for the required age samples. This is because the otolith (ear bone) must be
removed from the fish to obtain age data thereby reducing marketability.
Updating the public notice provisions for all three species to
reflect the current process allows individuals to be informed in a consistent
manner. The proposed action changes the requirement for publishing a public
notice issued to implement the ASMFC FMP for weakfish from the newspaper to the
Department’s website. This allows the Department to make changes in a timely
manner if future actions are taken by ASMFC. The public notice would continue
to be disseminated through various other media (social media, email lists,
publishing in the Maryland Register, etc.) so that an affected individual has a
reasonable opportunity to be informed.
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 Menhaden, Tautog, and Weakfish Regulations,
Regulatory Staff, Maryland Department of Natural Resources Fishing and Boating
Services, 580 Taylor Ave., E-4, Annapolis, MD 21401, or call 410-260-8300, or
email to [email protected] or complete the comment form
at https://dnr.maryland.gov/fisheries/pages/regulations/changes.aspx#mtw.
Comments will be accepted through October 19, 2026. A public hearing has not
been scheduled.
.07 Atlantic Menhaden.
A.—F. (text unchanged)
G. General.
(1) Public Notice.
[(1)] (a) When the menhaden quota, established
by the Atlantic States Marine Fisheries Commission, has been met, the Secretary
may issue a public notice on the [Fisheries Service] Department’s
website to modify the season and catch limits in compliance with the
Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan.
(b) The public notice shall state its effective hour and date
and shall be published on the Department’s website at least 48 hours in advance
of the effective hour and date.
[(2)] (c) —[(3)] (d) (text unchanged)
(2) A seafood dealer licensed in accordance with Natural
Resources Article, §4-701, Annotated Code of Maryland, shall allow Department staff
to collect commercial fishery biological data required by the Atlantic States
Marine Fisheries Commission Interstate Fishery Management Plan from Atlantic
menhaden landed in Maryland.
.13 Weakfish and Spotted Sea
Trout.
A.—E. (text unchanged)
F. Public Notice. [The
Secretary:]
(1) [May] The Secretary may modify,
open, or close a season in order to implement the Atlantic States Marine
Fisheries Commission Fishery Management Plan for Weakfish by [publishing
notice in a daily newspaper of general circulation at least 48 hours in
advance, stating the effective hour and date; and] issuing a public
notice on the Department’s website.
(2) The public notice shall state its effective hour and
date and shall be published on the Department’s website at least 48 hours in
advance of the effective hour and date.
[(2)] (3) [Shall] The
Secretary shall make a reasonable effort to disseminate a public
notice through various other media so that an affected person has a reasonable
opportunity to be informed.
(4) A violation of the restrictions set by the Secretary
in accordance with this section is a violation of this regulation.
G. Dealers. A seafood dealer licensed in accordance with Natural
Resources Article, §4-701, Annotated Code of Maryland shall allow Department staff
to collect commercial fishery biological data required by the Atlantic States
Marine Fisheries Commission Interstate Fishery Management Plan from weakfish
landed in Maryland.
.20 Tautog.
A.—C. (text unchanged)
D. General.
(1) Public Notice.
[(1)] (a)—[(2)] (b) (text
unchanged)
[(3)] (c) The Secretary shall make a reasonable
effort to disseminate a public notice through various other media so
that an affected person has a reasonable opportunity to be informed.
[(4)] (d) (text unchanged)
[(5)] (2) (text unchanged)
(3) A seafood dealer licensed in accordance with Natural
Resources Article, §4-701, Annotated Code of Maryland, shall allow Department staff
to collect commercial fishery biological data required by the Atlantic States
Marine Fisheries Commission Interstate Fishery Management Plan from tautog
landed in Maryland.
JOSH KURTZ
Secretary of Natural
Resources
08.02.15 Striped Bass
Authority: Natural Resources Article, §4-215,
Annotated Code of Maryland
Notice of Proposed Action
[26-131-P]
The Secretary of Natural Resources proposes to amend Regulation .07
under COMAR 08.02.15 Striped Bass.
Statement of Purpose
The purpose of this action is to allow an individual participating
in the striped bass drift gill net fishery to harvest other species of fish
while fishing for striped bass using large mesh (5 to 7 inches) drift gill
nets. Striped bass permittees fishing in the Chesapeake Bay and its tidal
tributaries during the commercial drift gill net season (December through
February) have reported that they also catch non-target species, such as blue
catfish and gizzard shad, in their large mesh nets. Currently, during the
commercial drift gill net season in the Chesapeake Bay and its tidal
tributaries, only striped bass may be harvested from large mesh gill nets. This
means that other species of fish that are caught (bycatch) in these nets are
not legally allowed to be harvested and must be returned to the water.
In order to maximize the value of fish and minimize the possibility
of dead discards across all species, the proposed action modifies the drift
gill net rules to allow an individual participating in the drift gill net
fishery to harvest species of fish other than striped bass from their net, only
if they hold a striped bass permit with the required minimum amount of
allocation remaining. The remaining allocation required to participate in
harvesting bycatch will be determined by the Department and set by public
notice. Setting the amount by public notice ensures that the striped bass
commercial drift gill net fishery retains its focus as a striped bass fishery
and allows the Department to respond to fishing behavior in a timely manner.
The proposed action establishes the process for issuing and distributing the
public notice. Any species being harvested is subject to all other applicable
rules and regulations. The proposed action does not change seasons, size
limits, or catch limits for any species.
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed action will
economically benefit commercial striped bass permit holders and seafood
dealers. However, the actual impact is indeterminable.
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) Striped Bass
Permittees
|
(+)
|
Indeterminable
|
|
(2) Seafood Dealers
|
(+)
|
Indeterminable
|
|
E. On other industries or
trade groups:
|
NONE
|
|
|
F. Direct and indirect
effects on public:
|
NONE
|
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
D(1). Commercial striped bass permittees that have a permit with
the required minimum amount of allocation remaining will be able to harvest
other species while fishing for striped bass during the striped bass drift gill
net fishery (December 1 through the last day of February). This could result in
additional income if they harvest species of marketable value. The actual
impact is indeterminable because the Department is not able to predict the
participation level of a permittee (species harvested, numbers harvested,
length of participation, etc.) nor can the market for other species be
predicted.
D(2). If commercial striped bass permittees harvest additional
species during the striped bass drift gill net fishery (December 1 through the
last day of February), there could be more fish to process and sell. This could
result in additional income, but the actual impact is indeterminable because
the Department is not able to predict the participation level of the permittees
nor can the market for other species be predicted.
Economic Impact on Small Businesses
The proposed action has a meaningful economic impact on small
businesses. An analysis of this economic impact follows:
The proposed action has a positive impact on seafood dealers and
commercial striped bass permittees. Please see the assumptions for details.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Striped Bass Regulations, Regulatory Staff,
Department of Natural Resources Fishing and Boating Services, 580 Taylor
Avenue, E-4, Annapolis, MD 21401, or call 410-260-8300, or email to
[email protected]
or complete the comment form at
https://dnr.maryland.gov/fisheries/Pages/regulations/changes.aspx. Comments
will be accepted through October 19, 2026. A public hearing has not been
scheduled.
.07 Commercial Fishery.
A.—B. (text unchanged)
C. Drift Gill Net Fishery
Limitations.
(1)—(7) (text unchanged)
(8) Harvest of Species Other Than Striped Bass — Drift Gill Net.
(a) An individual participating in the drift gill net fishery in
accordance with §C(2) of this regulation may harvest species of fish other than
striped bass from the drift gill net if the permittee possesses the required
remaining allocation set by the public notice issued in accordance with this
section.
(b) A striped bass permittee harvesting fish in accordance with
this section shall follow all rules and regulations for the species harvested.
(c) Public Notice.
(i) The Secretary shall establish and may modify the
remaining allocation required for a permittee to take species other than
striped bass as described in §C(8)(a) of this regulation by issuing a public
notice on the Department’s website.
(ii) The public notice shall state its effective hour and date
and shall be published on the Department’s website at least 48 hours in advance
of the effective hour and date.
(iii) The Secretary shall make a reasonable effort to
disseminate a public notice issued under this section through various other
media so that an affected individual has a reasonable opportunity to be
informed.
(iv) A violation of the restrictions set by the Secretary
in accordance with this section is a violation of this regulation.
D.—F. (text unchanged)
JOSH KURTZ
Secretary of Natural
Resources
Title 10
MARYLAND DEPARTMENT OF HEALTH
Subtitle 09 MEDICAL CARE PROGRAMS
10.09.63 Community Violence
Prevention Services
Authority: Health-General Article, §§2-104(b), 15-103, and 15-105,
Annotated Code of Maryland
Notice of Proposed Action
[26-119-P]
The Secretary of Health proposes to amend Regulations .03—.06
under COMAR 10.09.63 Community Violence Prevention Services.
Statement of Purpose
The purpose of this action is to reduce units of service to 15
minute increments and expand provider qualifications to include affiliation
with any hospital in the State.
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 [email protected]. Comments will be accepted through September 21,
2026. A public hearing has not been scheduled.
.03 Conditions for
Participation.
A. (text unchanged)
B. Specific requirements for participation in the Program as a
community violence prevention service provider are that a provider shall:
(1) (text unchanged)
(2) Maintain an affiliation with at least one [trauma
Primary Adult Resource Center (PARC), level I, or level II licensed short-term
general] hospital [or children’s hospital] in Maryland
through which the provider entity is authorized to provide community violence
prevention services to beneficiaries in the hospital; and
(3) (text unchanged)
.04 Covered Services.
A.—B. (text unchanged)
C. The Program shall cover a maximum of [100 30-minute]
200 15-minute units of services in a rolling 12-month period.
.05 Limitations.
Under this chapter, the Program does not cover services:
A. (text unchanged)
B. Delivered by a provider that is not affiliated with a [trauma
PARC, level I, or level II licensed short-term general] hospital [or
children’s hospital] in Maryland through which the provider entity is
authorized to provide community violence prevention services to beneficiaries
in the hospital; [and] or
C. Provided in excess of [100 30-minute] 200
15-minute units of services in a rolling 12-month period.
.06 Payment Procedures.
A.—F. (text unchanged)
G. Reimbursement.
(1) Payments shall be made in [30-minute] 15-minute
units of service.
(2) (text unchanged)
MEENA SESHAMANI, MD, PHD
Secretary of Health
Subtitle 15 FOOD
Notice of Proposed Action
[26-146-P]
The Secretary of Health proposes to amend:
(1) Regulations .02, .25, .26, .28, and .30
under COMAR 10.15.03 Food Service Facilities; and
(2) Regulation .15
under COMAR 10.15.04 Food and Drink Processing and Transportation.
Statement of Purpose
The purpose of this action is to raise the revenue cap from $50,000
to $100,000 for cottage food businesses and for On-Farm Home Processing Plant
licensees. Additionally, this action amends a stipulation for certain products
exempted from the revenue cap for On-Farm Home Processing Plant licensees.
Finally, it renumbers the definitions in COMAR 10.15.03.02 for proper
formatting and makes corresponding changes to cross references throughout the
chapter.
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed action could
have a positive impact on people operating as a cottage food business and on
licensed On-Farm Home Processing Plants.
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:
|
|
|
|
Cottage Food Businesses and
On-Farm Home Processing Plants
|
(+)
|
Indeterminable
|
|
E. On other industries or
trade groups:
|
NONE
|
|
|
F. Direct and indirect
effects on public:
|
NONE
|
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
D. Not everyone will take full advantage of the raised revenue cap,
and each business’s/individual’s revenue will vary based on their individual
sales. There is no registry or registration for cottage food businesses,
meaning there are no data on how many cottage food makers operate in Maryland.
However, there are approximately 209 licensed on-farm home food processors in
the State. If each took full advantage of the revenue cap increase, it would
mean a hypothetical $10,450,000 increase, which does not account for sales from
foods that do not count towards the revenue cap (i.e. cheese and raw meat).
Economic Impact on Small Businesses
The proposed action has a meaningful economic impact on small
businesses. An analysis of this economic impact follows:
This proposal will have a meaningful positive impact on cottage
food businesses and on-farm home processing facilities in the State. The
proposal allows for a doubling of revenue from $50,000 to $100,000,
significantly raising the limit for both types of entity.
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 [email protected]. Comments will be accepted through October 19,
2026. A public hearing has not been scheduled.
10.15.03 Food Service Facilities
Authority: Health-General Article, §§18-102, 21-101, 21-102,
21-211, 21-202, 21-234, 21-301, 21-304, 21-308, 21-309.1, 21-309.2, 21-324.1, and
21-330.1; Annotated Code of Maryland
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(7) (text unchanged)
[(7-1)] (8)—[(17)] (19) (text
unchanged)
[(17-1)] (20)
“Cottage food business” means a business that:
(a) (text unchanged)
(b) Has annual revenues from the sale of cottage food products in
an amount not exceeding [$50,000] $100,000.
[(17-2)] (21)—[(33)] (38)
(text unchanged)
[(34)] (39) Food Service Facility.
(a)—(b) (text unchanged)
(c) “Food service facility” does not include a:
(i) Facility that offers prepackaged foods that are not potentially
hazardous as specified in [§B(55)(c)] §B(63)(c) of this
regulation;
(ii)—(iv) (text unchanged)
(v) Farmer’s market or a public event where food products as
specified in [§B(30)(a)] §B(35)(a) of this regulation are
sold;
(vi)—(vii) (text unchanged)
[(35)] (40)—[(43)] (48)
(text unchanged)
[(44)] (49) Major Food Allergen.
(a) (text unchanged)
(b) “Major food allergen” does not include:
(i) A highly refined oil derived from a food specified in [§B(44)(a)]
§B(49)(a) of this regulation and any ingredient derived from a
highly refined oil; or
(ii) (text unchanged)
[(44-1)] (50)—[(45)] (52)
[(46)] (53) Mobile Food Service Facility.
(a) (text unchanged)
(b) “Mobile food service facility” does not include a food service
facility that is able to be moved but does not move routinely for a purpose set
forth in [§B(46)(a)] §B(53)(a) of this regulation.
[46-1] (54) (text unchanged)
[(47)] (55) “Non-potentially hazardous food”
means food named or described in [§B(55)(c)] §B(63)(c) of
this regulation.
[(48)] (56)—[(54)] (62)
(text unchanged)
[(55)] (63) Potentially Hazardous Food.
(a) (text unchanged)
(b) “Potentially hazardous food” includes:
(i)—(v) (text unchanged)
(vi) Garlic and oil mixtures that support growth as specified in [§B(55)(a)(i)
and (ii)] §B(63)(a)(i) and (ii) of this regulation; and
(vii) (text unchanged)
(c) (text unchanged)
[(56)] (64)—[(69)] (79)
(text unchanged)
[(70)] (80) “Seasonal farmer’s market producer
sampling food service facility” means a facility that:
(a) Serves only foods that are prepared and offered as samples by a
producer of a farm product at a farmer’s market or a public event, such as:
(i) Farm products as specified in [§B(30)(a)] §B(35)(a)
of this regulation; or
(ii) (text unchanged)
(b)—(d) (text unchanged)
[(71)] (81) (text unchanged)
[(72)] (82) “Semi-permanent food service
facility” means a facility that:
(a)—(d) (text unchanged)
(e) Is not a mobile food service facility as specified in [§B(46)]
§B(53) of this regulation.
[(73)] (83)—[(86)] (96)
(text unchanged)
.25 Special Food Service Facilities.
A.—C. (text unchanged)
D. For a special food service facility that is a temporary food
service facility, the person-in-charge shall ensure that:
(1)—(2) (text unchanged)
(3) The period of time that the facility operates is limited to the
time stated in Regulation [.02B(80)] .02B(90) of this
chapter.
E.—F. (text unchanged)
G. For a special food service facility that is an on-farm food
service facility, the person-in-charge shall ensure that:
(1)—(3) (text unchanged)
(4) The period of time that the facility operates is limited to the
time in Regulation [.02B(48)] .02B(56) of this chapter.
H. For a special food service facility that is a seasonal farmer’s
market producer sampling food service facility, the person-in-charge shall
ensure that:
(1)—(2) (text unchanged)
(3) The period of time that the facility operates is limited to the
time stated in Regulation [.02B(70)] .02B(80) of this
chapter.
.26 Excluded Organizations.
A.—F. (text unchanged)
G. In Carroll County, a religious organization that meets the
definition of an excluded organization as set forth in Regulation [.02B(28)]
.02B(33) of this chapter, and complies with COMAR 10.15.01.09A—D and
.10A and 10.15.04.08, or a county-owned and county-operated park or facility
that is hosting a public festival, may offer for sale directly to the public
the following types of homemade style food, only if the food is produced at the
kitchen of the excluded organization:
(1)—(4) (text unchanged)
.28 Licenses.
A. The approving authority
shall require a farmer to obtain a producer mobile farmer's market unit license
as specified in COMAR 10.01.17 and 10.15.04 for the sale of a farm product at a
farmer's market or at a public event that is not:
(1) A raw agricultural product as defined in Regulation [.02B(61)]
.02B(69) of this chapter; or
(2) (text unchanged)
B.—K. (text unchanged)
.30 Food Service Facility Inspections — Types and Frequencies.
The approving authority shall ensure that:
A. The following types of inspections are conducted:
(1) (text unchanged)
(2) A monitoring inspection that contains:
(a) An inspection for compliance with critical items as:
(i) Defined in Regulation [.02B(19)] .02B(24) of
this chapter; and
(ii) (text unchanged)
(b)—(c) (text unchanged)
(3) (text unchanged)
B.—D. (text unchanged)
10.15.04 Food
and Drink Processing and Transportation
Authority: Health-General Article, §§18-102, 21-101, 21-102,
21-211, 21-234, 21-301, 21-304, 21-308, 21-309.1, 21-309.2, and 21-336;
Annotated Code of Maryland
.15 On-Farm Home Processing.
A. (text unchanged)
B. While operating with a license issued in accordance with §A of
this regulation, the person-in-charge shall:
(1) (text unchanged)
(2) Limit processed food production to:
(a) (text unchanged)
(b) [$50,000] $100,000 or less of sales other
than foods processed under §§E and F of this regulation;
(3)—(6) (text unchanged)
C.—E. (text unchanged
F. An individual licensed in accordance with this regulation may
weigh, label, store, and distribute cheese that:
(1) Is made on a licensed [out-of-State] dairy
facility using only the raw milk produced by the herd on the dairy farm
licensed by the Department; and
(2) (text unchanged)
G.—I. (text unchanged)
MEENA SESHAMANI, MD, PHD
Secretary of Health
Subtitle 18 HUMAN IMMUNODEFICIENCY VIRUS (HIV) INFECTION AND ACQUIRED
IMMUNODEFICIENCY SYNDROME (AIDS)
10.18.11 nPEP Standing
Order Program
Authority: Health-General Article, §§2–104 and 13–5301—13–5303,
Annotated Code of Maryland
Notice of Proposed Action
[26-120-P-I]
The Secretary of Health proposes to adopt new Regulations .01—.05
under a new chapter, COMAR 10.18.11 nPEP Standing Order Program.
Statement of Purpose
The purpose of this action is to adopt regulations implementing the
Nonoccupational Postexposure Prophylaxis (nPEP) Standing Order Program,
pursuant to Health-General Article, §13–5302, Annotated Code of Maryland.
Estimate of Economic Impact
I. Summary of Economic Impact. The nPEP Standing Order
Program is free and does not require expenditure of funds by the issuing
agency, local government, industry, trade groups, or the public. The Program
protocol advises pharmacists to bill insurance companies in their normal course
of business for prescriptions to dispense nPEP. Alternatively, pharmacists may
bill patient assistance programs or the Maryland Sexual Assault Reimbursement
Unit (SARU) where appropriate. While Medicaid expenditures are expected to
increase initially, these expenditures will be offset by savings associated
with the prevention of HIV infection.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
|
|
|
Maryland Department of Health
|
(E+)
|
Minimal
|
|
B. On other State agencies:
|
NONE
|
|
|
C. On local governments:
|
NONE
|
|
|
|
Benefit
(+)
Cost
(-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
NONE
|
|
|
E. On other industries or
trade groups:
|
NONE
|
|
|
F. Direct and indirect
effects on public:
|
NONE
|
|
|
|
|
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
A. Medicaid expenditures and associated federal matching revenues
are expected to increase in the near term. These expenditures are expected to
be offset by indeterminate savings due to the prevention of HIV infections.
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 [email protected]. Comments will be accepted through October 19,
2026. A public hearing has not been scheduled.
Editor’s Note on Incorporation by Reference
Pursuant to State Government
Article, §7-207, Annotated Code of Maryland, the Antiretroviral
Postexposure Prophylaxis After Sexual, Injection Drug Use, or Other
Nonoccupational Exposure to HIV—CDC Recommendations, United States, 2025 (U.S.
Department of Health and Human Services, Public Health Service, Centers for
Disease Control and Prevention) has been declared a document generally
available to the public and appropriate for incorporation by reference. For
this reason, it will not be printed in the Maryland Register or the Code of
Maryland Regulations (COMAR). Copies of this document are filed in special
public depositories located throughout the State. A list of these depositories
was published in 53:1 Md. R. 10 (January 9, 2026), and is available online at
www.dsd.maryland.gov. The document may also be inspected at the office of the
Division of State Documents, 16 Francis Street, Annapolis, Maryland 21401.
.01 Scope.
This chapter governs the dispensing of nPEP under the
Nonoccupational Postexposure Prophylaxis (nPEP) Standing Order Program in
accordance with Health-General Article, §13–5303, Annotated Code of Maryland,
for participants who, at minimum:
A. Have not been diagnosed with human immunodeficiency virus
(HIV); and
B. Have potentially been exposed in a nonoccupational setting to
HIV within the preceding 72 hours.
.02 Definitions.
A. In this chapter, the following terms have the meanings
indicated.
B. Terms Defined.
(1) “CDC recommendations” means recommendations issued by the
federal Centers for Disease Control and Prevention relating to antiretroviral
postexposure prophylaxis after sexual, injection drug use, or other
nonoccupational exposure to HIV and incorporated by reference in Regulation .03
of this chapter.
(2) “Department” means the Maryland Department of Health.
(3) “HIV” means the human immunodeficiency virus that causes
acquired immune deficiency syndrome.
(4) “Nonoccupational Postexposure Prophylaxis (nPEP)” means
medication used in accordance with the CDC recommendations to reduce the
chances of an individual developing HIV after potential exposure to the
disease.
(5) “Participant” means an individual receiving services under
the nPEP Standing Order Program.
(6) “Pharmacist” means an individual licensed in the State to
practice pharmacy under Health Occupations Article, Title 12, Annotated Code of
Maryland.
(7) “Program” means the nPEP Standing Order Program.
(8) “Standing order” means a directive authorizing pharmacists
and health care providers to dispense the nPEP regimens listed in the order
without a prescription.
.03 Incorporation by
Reference.
The Antiretroviral Postexposure Prophylaxis After Sexual,
Injection Drug Use, or Other Nonoccupational Exposure to HIV—CDC
Recommendations, United States, 2025 (U.S. Department of Health and Human
Services, Public Health Service, Centers for Disease Control and Prevention) is
incorporated by reference.
.04 Responsibilities of
the Department.
The Department shall:
A. Maintain a standing order signed by a licensed physician
representing the Department;
B. Provide an accessible training for pharmacists participating
in the Program;
C. Register pharmacists to dispense nPEP under the standing
order;
D. Establish a protocol for participating pharmacists to use
when dispensing nPEP under the standing order;
E. Provide participant
engagement services that address:
(1) Treatment adherence;
(2) Continuity of care; and
(3) On-going health needs;
F. Maintain data related to nPEP utilization and effectiveness
under the standing order; and
G. Maintain program participant confidentiality and data
security.
.05 Pharmacist Training
and Authorization.
A. A pharmacist participating in the Program shall complete
mandated training as determined by the Department.
B. A pharmacist participating in the Program shall adhere to the
protocol set forth in Regulation .04(D) of this chapter including:
(1) Compliance with the Program for Preventing HIV Infection for
Rape Victims established under Criminal Procedure Article, §11–1008, Annotated
Code of Maryland;
(2) Use of patient assistance programs for a participant without
insurance or another payer;
(3) Assessing participant eligibility for nPEP;
(4) Participant referral to the Department for additional
services, treatment adherence, and continuity of care;
(5) Participant education and counseling on nPEP that covers:
(a) Avoiding exposure to HIV;
(b) Responding to exposure to HIV with the appropriate use of
nPEP;
(c) Access to nPEP and the appropriate follow–up after the
administration of nPEP; and
(d) Engagement in additional care, consisting of:
(i) Access to pre–exposure prophylaxis (PrEP);
and
(ii) Harm reduction programs for participants with continuing
risk of exposures;
(6) Use of CDC recommendations to ensure appropriate dosing for
pediatric, adolescent, and adult participants; and
(7) Collection and reporting of data on the operation and
results of the Program in the means determined by the Department.
C. A pharmacist participating in the Program may not dispense
any medication that is not authorized under the nPEP
Standing Order Protocol.
MEENA SESHAMANI, MD, Ph.D.
Secretary of Health
Title 20
PUBLIC SERVICE COMMISSION
Subtitle 50 SERVICE SUPPLIED BY ELECTRIC
COMPANIES
20.50.09 Small Generator Facility
Interconnection Standards
Authority:
Public Utilities Article, §§2-113, 2-121, 5-101, 5-303, 7-306, [and]
7-306.2, and 7-1004, Annotated Code of Maryland
Notice of Proposed Action
[26-143-P]
The Public Service Commission proposes to amend Regulations .01,
.02, .05, .06, and .09—.14 under COMAR 20.50.09 Small Generator
Facility Interconnection Standards. This action was considered by the Public
Service Commission at a scheduled rule-making (RM 94) meeting held on August 3,
2026 notice of which was given under General Provisions Article, §3-302,
Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to remove obstacles to the
interconnection of utility-scale projects to facilitate projects meeting tax
credit expiration deadlines, to offset the impacts of H.R.1, Public Law No:
119-21, otherwise known as the One Big Beautiful Bill Act ("OBBBA").
Utility-scale projects must commence construction by July 4, 2026 or be placed
in service by December 31, 2027 to receive Federal Clean Energy Investment
(48E) investment tax credits. These permanent regulations will replace similar emergency
regulations that will expire on October 10, 2026 or at such time before then
when these regulations are promulgated in accordance with State Government
Article, §§10-101-10-126, Annotated Code of Maryland.
COMAR 20.50.09.01 is proposed to address portable solar energy
generating systems pursuant to the Utility RELIEF Act enacted in 2026 as
codified in Public Utilities Article, §7–321, Annotated Code of Maryland which
allows electric customers to purchase and install not more than one portable
solar energy generating system per electric meter for residential use only,
among other things. Since under Public Utilities Article, §7–321, Annotated
Code of Maryland, electric companies cannot require customers using a portable
solar energy generating system to obtain utility approval before installation
or pay a fee or charge portable solar energy generating systems, these systems
are removed from the scope of COMAR 20.50.09.
COMAR 20.50.09.02 is proposed to be modified to support other
regulation proposals in this proposed action to help meet federal tax credit
expiration deadlines, to offset the impacts of H.R.1, Public Law No: 119-21.
Changes include new definitions for Portable Solar Energy Generating Systems,
Interconnection Ombudsman, Level 4 Analysis Report, and Level 4 Analysis
Template in addition to modified definitions for Distributed Energy Resource,
Minor Equipment Modification, Proposed Use, and Technical Interconnection
Requirement.
COMAR 20.50.09.05 is proposed to be modified to establish new
deadline requirements for utilities to invoice interconnection study fees for
interconnection customers, thereby potentially shortening study start times to
help meet federal tax credit expiration deadlines, to offset the impacts of
H.R.1, Public Law No: 119-21.
COMAR 20.50.09.06 is proposed to be modified to enhance utility
pre-application reports and interconnection queue information available to
prospective interconnection customers to aid them in making quicker and
effective project decisions to help meet federal tax credit expiration
deadlines, to offset the impacts of H.R.1, Public Law No: 119-21. Furthermore,
changes are proposed to enhance the requirements for a prospective
interconnection customer to demonstrate site control before submitting an
interconnection request to ensure that utility resources are spent evaluating
interconnection requests for viable projects, thereby allowing for quicker
study results to help meet federal tax credit expiration deadlines, to offset
the impacts of H.R.1, Public Law No: 119-21. COMAR 20.50.09.06 is also proposed
to be modified to allow more flexibility for interconnection customers to use
volt-watt inverter settings, inadvertent export for energy storage and limited
export agreements to help interconnection customers overcome time obstacles to
interconnection to help meet federal tax credit expiration deadlines, to offset
the impacts of H.R.1, Public Law No: 119-21. The proposed action also
eliminates requirements for hosting capacity calculations that are now
superseded by COMAR 20.50.15(3)(F). Finally, the proposed action includes
information and data update requirements for hosting capacity reporting
systems, including hosting capacity maps to aid interconnection customers in
making quicker and effective project decisions to help meet federal tax credit
expiration deadlines, to offset the impact of H.R.1, Public Law No: 119-21.
COMAR 20.50.09.09, COMAR 20.50.10, COMAR 20.50.11 and COMAR
20.50.12 are proposed to be modified to include the ability for interconnection
customers to obtain temporary permission to operate (TPO) from utilities to
help interconnection customers meet federal tax credit expiration deadlines, to
offset the impacts of H.R.1, Public Law No: 119-21.
COMAR 20.50.09.12 is proposed to be modified to clarify
requirements for interconnection study fees and allows interconnection studies
to be combined in support of streamlined interconnection study reviews to help
interconnection customers meet federal tax credit expiration deadlines, to
offset the impacts of H.R.1, Public Law No: 119-21. This proposed action also
sets new requirements in interconnection agreements for meeting construction
start dates and commercial operation dates for certain projects and also
requires parallel construction of interconnection customer and utility
infrastructure, where feasible, to facilitate quicker commercial operation in
order to help interconnection customers meet federal tax credit expiration
deadlines, to offset the impacts of H.R.1, Public Law No: 119-21.
COMAR 20.50.09.13 modifies the Commission's interconnection dispute
resolution procedures to allow for a new two-path formal and informal process
for resolving disputes between an interconnection customer and a utility with
informal disputes mediated by a newly created Interconnection Ombudsman,
thereby allowing for quicker dispute resolution which may result in quicker
commercial operation in order to help interconnection customers meet federal
tax credit expiration deadlines, to offset the impacts of H.R.1, Public Law No:
119-21.
COMAR 20.50.09.14 includes new annual interconnection data
reporting requirements for temporary permission to operate notice deadlines,
construction start dates, study deadlines, and commercial operation dates to
support the new regulations to meet federal tax credit expiration deadlines, to
offset the impact of H.R.1, Public Law No: 119-21.
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed regulations
primarily affect the Public Service Commission (PSC) by requiring the
implementation of an Interconnection Ombudsman role, initially filled by
existing engineers, and requiring an additional engineer long-term. No other
state agencies will incur fiscal needs for additional resources associated with
implementing the proposed action. Municipal utilities may face marginally
increased costs for process improvements. Residential solar/energy storage
customers and grid-scale interconnection customers will benefit from
streamlined interconnection processes. This will also help grid-scale
interconnection customers meet federal tax credit expiration deadlines to
offset the impacts of H.R.1, Public Law No: 119-21. These proposed actions will
also have unestimated benefits to reliability and electric rates for all
customers while helping achieve Maryland’s decarbonization goals quicker.
Maryland electric utilities will incur unestimated additional costs to
implement new processes.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
|
|
|
Maryland Public Service
Commission (PSC)
|
(E+)
|
$129,924
annually starting in FY2027.
|
|
B. On other State agencies:
|
NONE
|
|
|
C. On local governments:
|
|
|
|
Municipal Utilities in Maryland (i.e., Berlin, Thurmont, City of
Hagerstown, Easton, and Williamsport)
|
(E+)
|
Marginal
|
|
|
Benefit
(+)
Cost
(-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
|
|
|
Solar and energy storage
developers and installers
|
(+)
|
Unestimated
|
|
E. On other industries or
trade groups:
|
|
|
|
Maryland Electric Utilities
including electric cooperatives and municipal utilities
|
(-)
|
Unestimated
|
|
F. Direct and indirect
effects on public:
|
|
|
|
Maryland Residential and
small business customers
|
(+)
|
Unestimated
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
A. Impacts of the proposed action on the PSC are marginal except
for the implementation of the Interconnection Ombudsman role which in the short
term for the duration of the emergency action will be assumed by PSC
Engineering Division engineers. Longer term, an additional Engineer IV, Grade
19, Step 10 ($129,924 annual cost) is estimated starting in FY2027 to fulfill
the Interconnection Ombudsman role.
C. Municipal Utilities in Maryland will incur additional
expenditures to make interconnection process improvements. Due to the low
volume of interconnection requests in these smaller utilities, these costs are
estimated to be marginal.
D. Solar and energy storage developers and installers will reap
benefits from these proposed regulations by streamlined interconnection
processes which will remove interconnection obstacles. These benefits are
unestimated.
E. Maryland electric utilities will incur additional costs to
implement new processes required by these regulations. These costs are
unestimated.
F. Residential and small business customers installing solar and
energy storage systems will reap benefits from these proposed regulations by
streamlined interconnection processes which will remove interconnection
obstacles. In addition, all Maryland customers should benefit from impacts of
additional solar and energy storage development on reliability, electric rates,
and decarbonization. These benefits are unestimated.
Economic Impact on Small Businesses
The proposed action has a meaningful economic impact on small
businesses. An analysis of this economic impact follows:
This proposal will benefit solar and energy storage developers and
installers from streamlined interconnection processes which will remove
interconnection obstacles. These benefits are unestimated.
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 [email protected]. Comments will be
accepted through October 19, 2026. A public hearing has not been scheduled.
.01 Scope.
A. This chapter applies to a small generator facility seeking to
interconnect and operate in parallel with the electric distribution
system. All small
generator facilities except for Portable Solar Energy Generating Systems
shall interconnect under requirements in this chapter or under the physical
interconnection requirements of the PJM Interconnection, LLC under the
authority of FERC.
B.—D. (text unchanged)
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(12) (text unchanged)
(13) “Distributed energy resource” means any geographically
dispersed energy resource located on an electric distribution system that
produces electricity or offsets electrical demand including but not limited
to small generator facilities, energy
storage devices, energy efficiency devices, and demand response devices.
(14)—(32) (text unchanged)
(33) “Interconnection ombudsman” means a designated Commission
representative to assist interconnection customers in managing disputes with
utilities during the interconnection process.
[(33)] (34)—[(34)] (35)
(text unchanged)
(36) “Level 4 analysis report” means the written record prepared
by an electric utility that applies the utility’s analysis template to a
specific interconnection request and that sets forth the methodology,
assumptions, findings, and conclusions of the Level 4 analysis performed for
that request.
(37) “Level 4 analysis template” means a standardized format,
developed and maintained by an electric utility, that identifies the categories
of study, criteria, limits, data fields, and explanatory elements necessary to
document the methodology and results of a Level 4 analysis in a consistent and
transparent manner.
[(35)] (38)—[(38)] (41)
(text unchanged)
[(39)] (42) “Minor equipment modification”
means a change to the proposed small generator facility that [does not
have a significant impact on safety or reliability of the electric distribution
system.] meets the following criteria.
(a) No Adverse Impact. The modification does not negatively
affect the cost or schedule associated with the interconnection process or the
safety and reliability of the electric distribution system.
(b) Equivalent Equipment Substitution. If applicable, the
modification involves the replacement of equipment with equipment of similar or
improved ratings, impedances, efficiencies, or capabilities as originally
specified.
(c) No Increase in Output. The modification does not increase
the net power flow injection or the AC output capacity of the small generator
facility.
(d) No Point of Interconnection Change. The physical location of
the point of interconnection remains the same unless minor location shifts are
agreed by the utility and the interconnection customer.
(e) Based on Study Results: Equipment changes agreed upon by the
utility and the interconnection customer that are necessary based on the
results of an interconnection study.
[(40)] (43)—[(47)] (50)
(text unchanged)
(51) “Portable Solar Energy Generating System" has the
meaning stated in Public Utilities Article, §7–321, Annotated Code of Maryland.
[(48)] (52)—[(50)] (54)
(text unchanged)
[(51)] (55) Proposed Use.
(a) (text unchanged)
(b) “Proposed use” for a small generator facility includes a
combination of electric generators and energy storage devices charging and
discharging profiles operating in specified operational control modes
during specified time periods.
[(52)] (56)—[(66)] (70)
(text unchanged)
[(67)] (71) “Technical interconnection
requirement” or “TIR” means a public-facing document available on an electric
company's website that specifies interconnection technical review criteria and
distributed energy resource functional settings and an electric company’s
Level 4 analysis template.
[(68)] (72)—[(75)] (79)
(text unchanged)
.05 [Interconnection Request Processing Fees.] Tariff Fees and
Non-Tariff Charges.
A.—C. (text unchanged)
D. A utility shall invoice an applicant for applicable
non-tariff fees and charges including study fees and upgrade cost payments
specified in this chapter within 30 days of a signed agreement. All other
tariff fees shall be charged and collected in accordance with the utility
tariff.
.06 General Requirements.
A.—B. (text unchanged)
C. Utility Provided Information.
(1) (text unchanged)
[(2) The information provided by the utility on its website
shall include studies and other materials useful to an understanding of the
feasibility of interconnecting a small generator facility on the utility
electric distribution system, except to the extent providing the materials
would violate security requirements or confidentiality agreements, or be
contrary to law.
(3) For projects with a nameplate capacity over 20kW, the utility
shall:
(a) Provide the applicant an opportunity to request a
pre-application report, which may require payment of a fee listed in the
utility’s tariff;
(b) Publicly post the fee amount on the utility’s website;
and
(c) Provide the pre-application report within 20 business
days, once the fee is paid.
(4) The pre-application report shall rely largely on
pre-existing utility data and shall, at a minimum, include the following items:
(a) Initial proposed point of interconnection of the small
generator facility, including address or GIS coordinates;
(b) Closest electrical facilities to the initial proposed
point of interconnection of the small generator facility, including voltage
level, feeder identification, substation, and including distance to that
substation;
(c) Amount of generation hosting capacity available on the
closest feeder, if this information is in possession of or easily obtainable by
the utility; and
(d) Any other items specified by the Commission.]
(2) The information provided by the utility in
pre-application reports shall include materials useful to an understanding of
the feasibility of interconnecting a distributed energy resource on the utility
electric system except to the extent providing the materials are not restricted
due to Critical Energy/Electric Infrastructure Information (CEII) requirements
pursuant to 18 CFR §388.113 or confidentiality agreements or be contrary to
law.
(3) For projects with a nameplate capacity over 20 kW, the
utility shall:
(a) Provide a prospective applicant an opportunity to
request a baseline pre-application report even if they do not meet the site
control requirements in Regulation .06E of this chapter which may require
payment of a fee listed in the utility’s tariff;
(b) Publicly post the fee amount on the utility’s website;
and
(c) Provide the baseline pre-application report within 10
business days once the fee is paid.
(4) The baseline pre-application report shall rely largely
on pre-existing utility data and shall include the following items:
(a) Initial proposed point of interconnection of the
distributed energy resource as specified in an area defined by GIS coordinates,
an address or within a parcel requested by a prospective applicant, which may
include an address;
(b) Closest electrical facilities to the initial proposed
point of interconnection of the distributed energy resource including voltage
level, feeder identification, substation, and linear distance to that
substation;
(c) Amount of hosting capacity available on the closest
feeder; and
(d) Any other information the utility deems relevant to the
prospective applicant.
(5) For projects connected at primary voltage, the utility
shall:
(a) Provide the prospective applicant an opportunity to
request a more detailed pre-application report even if they do not meet the
site control requirements in Regulation .06E of this chapter which shall
require payment of a separate fee that is listed in the utility’s tariff for
the additional information provided;
(b) Publicly post the fee amount on the utility’s website;
and
(c) Provide the more detailed pre-application report
within 20 business days once the fee is paid.
(6) The more detailed pre-application report shall include
the following items:
(a) Tentative proposed point of interconnection of the
distributed energy resource as specified in an area defined by GIS coordinates,
an address, or within a parcel requested by a prospective applicant, which may
include an address;
(b) Closest electrical facilities to the initial proposed
point of interconnection of the small generator facility including voltage
level, feeder identification, substation, and linear distance of a proposed
point of interconnection specified by the prospective interconnection customer
to that substation;
(c) Aggregate existing export capacity (MW) at the initial
proposed point of interconnection specified by the prospective applicant
including information on any substation/area bus, transformer bank, circuit or
line section that limits the export capacity;
(d) Aggregate queued export capacity (MW) proposing to
interconnect to the substation/area bus or transformer bank, circuit or line
section associated with the initial proposed point of interconnection specified
by the prospective applicant;
(e) Whether the proposed distributed energy resource is located
on an area, spot, or radial network;
(f) Nominal voltage at the point of interconnection;
(g) The linear distance where three-phase power is closest
available to the initial proposed point of interconnection specified by the
prospective applicant;
(h) Available rated capacities (MW) used for electric system
planning of the substation/area bus or transformer bank, circuit and line
section associated with the initial proposed point of interconnection specified
by the prospective interconnection customer;
(i) Based on the proposed point of interconnection specified by
the prospective applicant, other potential constraints that have been
identified and published in a utilities Electric System Plan or Annual Electric
System Plan Update pursuant to COMAR 20.50.15 such as, but not limited
to, electrical dependencies at that location, short circuit interrupting
capacity issues, power quality, or stability issues, if any;
(j) Any other points of interconnection and associated rated
capacities (MW) used for electric system planning of the substation/area bus or
transformer bank, and circuit or line section associated that may be feasible
as an alternative to the initial proposed point of interconnection specified by
the prospective applicant shall be provided upon request at the utility’s
discretion for which a utility may require a separate detailed pre-application
report and fee if the prospective applicant agrees to the additional study of
another point of interconnection;
(k) Any other items specified by the prospective applicant that
are deemed reasonable at the sole discretion of the utility for which a utility
may require additional fees upon agreement by the prospective applicant if the
information is not readily available and requires additional research or
studies; and
(l) Any other information the utility deems relevant to the
prospective interconnection customer.
[(5)] (7) (text unchanged)
D. (text unchanged)
E. [If an applicant is not currently a customer of the
utility at the location for the proposed small generator facility, upon request
from the utility, the applicant shall provide proof of site control evidenced
by a property tax bill, deed, lease agreement, contract, or other acceptable
document.] If an applicant is not currently a customer of the utility
at the location for the proposed small generator facility, the utility shall
require the applicant to provide proof of site control. A utility shall accept
the following as proof of site control:
(1) An executed lease agreement;
(2) A signed option to purchase or lease;
(3) A property tax bill;
(4) A deed;
(5) A contract;
(6) Other acceptable document providing evidence of property
ownership; or
(7) A notarized certification form as determined by the
Commission.
F.—L. (text unchanged)
M. Interconnection Studies, Queues, and Applicant
Information.
[(1) If requested by the applicant, the utility shall
provide the applicant copies of any interconnection studies performed in
analyzing an interconnection request.
(2) An applicant may provide any other prospective applicant
copies of interconnection studies to aid in streamlining a future utility
review.
(3) Queue position for all small generator facilities shall
be prioritized based on the date the interconnection request is submitted.
(4) Each utility shall publicly and electronically provide an
interconnection queue, updated monthly, that includes the following information
about each interconnection request for any small generator facility with a
nameplate capacity greater than 500 kW:
(a) Size (MW or kW);
(b) Proposed circuit number and substation;
(c) County and zip code;
(d) Interconnection request received date;
(e) Queue position on the system’s proposed circuit number
and substation;
(f) Review status;
(g) Interconnection request approved date; and
(h) Any other information requested by the Commission.
(5) A small generator facility shall remain on the list for
at least 3 years after the interconnection request was approved by the utility,
unless subsequently cancelled or removed from the interconnection queue
pursuant to §N of this regulation.
(6) A utility may provide any additional information to a
prospective applicant if the utility determines that doing so would streamline
the utility’s review of an interconnection request.]
(1) Upon request of the applicant, the utility shall
provide the applicant with copies of available interconnection studies prepared
in connection with the interconnection request except where disclosure is
restricted by Critical Energy/Electric Infrastructure Information (CEII)
requirements under 18 C.F.R. §388.113, confidentiality agreements, or
applicable law. The utility may require the applicant to execute a non‑disclosure agreement as a
condition of disclosure.
(2) Each utility shall publicly and electronically provide
an interconnection queue updated monthly that includes the following
information about each interconnection request for any small generator facility
requesting interconnection at primary voltage:
(a) Nameplate size (MW or kW);
(b) Export capacity (MW or kW);
(c) Fuel type or storage;
(d) Exporting or non-exporting;
(e) Proposed circuit number and substation;
(f) Voltage;
(g) City, county, and zip code;
(h) Date interconnection request received or deemed complete as
determined by the utility;
(i) Status (Pending review, Withdrawn, Study,
Design/Construction, Permission to operate);
(j) Feasibility study completion date;
(k) System impact study completion date;
(l) Facilities study completion date;
(m) Interconnection agreement execution date;
(n) Certificate of completion (COC) date;
(o) Permission to operate date; and
(p) Any other information directed by the Commission.
(3) Each utility shall
provide the interconnection queue data listed in §M(2) of this regulation in a
sortable spreadsheet upon request from a prospective interconnection customer
that contacts the electric company using the contact information available on a
utility’s website pursuant to §C(1) of this regulation.
(4) A small generator facility shall remain on the list
for at least 3 years after the interconnection request was approved by the
utility unless subsequently cancelled or removed from the interconnection queue
pursuant to §N of this regulation or for not meeting payment milestones after
the utility provides a reasonable opportunity for the applicant to cure. Queue
position may not be forfeited or otherwise impacted by any pending dispute
submitted under the provisions of Regulation .13 of this chapter.
(5) A utility may provide any additional information to a
prospective applicant if the utility determines that it is beneficial to
prospective applicants.
[(7)] (6) (text unchanged)
N. (text unchanged)
O. Smart Inverters.
(1)—(11) (text unchanged)
(12) Upon request, an interconnection customer shall be given an
option by a utility to use a site-specific volt-watt inverter settings profile
to address voltage constraints to avoid interconnection request denial or to
avoid the need for a hosting capacity upgrade project.
P. Flexible Interconnection Options.
(1) (text unchanged)
(2) Inadvertent Export for Energy Storage Devices.
[(a) Small generator facilities using Level 3
interconnection requests are non-exporting systems and are not allowed to
utilize inadvertent exports.]
[(b)] (a)—[(f)] (e) (text
unchanged)
(3) (text unchanged)
(4) Limited Export Agreements.
(a) By January 1, 2025, a utility shall publish on its
interconnection website a description of their limited export agreement
policies and provide a process for interconnection customers to request these
agreements to avoid the need for a hosting capacity upgrade project to
accommodate an interconnection request, including the following:
(i) Limited export agreements shall be made available upon request [only
to Level 2 and Level 4 interconnection customers;].
(ii)—(iii) (text unchanged)
(b)—(c) (text unchanged)
(5)—(8) (text unchanged)
Q. Hosting Capacity.
(1) Utilities shall establish hosting capacity policies
subject to the following requirements:
(a)—(d) (text unchanged)
(e) [A utility shall report their closed circuits,
restricted circuits, and reserve hosting capacity in their hosting capacity
reporting system.] A utility shall report their circuit and feeder
designations, substation names, voltage levels, and available hosting capacity
which may be represented as a range in a color-coded map in addition to closed
circuits, restricted circuits, and reserve hosting capacity and hosting
capacity fees in their hosting capacity reporting system unless a waiver for
good cause is obtained from the Commission.
(i) A utility shall publish updates in their hosting
capacity reporting system on a quarterly basis starting in January 2027 unless
a waiver for good cause is obtained from the Commission.
(ii) A utility shall have a plan to publish hosting
capacity reporting system updates on a monthly basis and shall report on
progress toward implementing monthly hosting capacity reporting system updates
in their annual interconnection reports pursuant to Regulation .14 of this
chapter.
(2)—(3) (text unchanged)
[(4) A utility shall have a procedure for calculating
hosting capacity accounting for either gross peak or gross minimum loading
based on good engineering practice.
(5) The utility shall perform a representative sample of hosting
capacity calculation validation checks at least annually, or more frequently in
areas experiencing significant growth or distributed energy resource
penetration. The hosting capacity calculation validation check frequency shall
account for the utility's experience, good engineering practices, and judgment.]
R.—S. (text unchanged)
.09 Level 1 Review.
A.—B. (text unchanged)
C. Unless the utility determines and demonstrates that a
small generator facility cannot be interconnected safely or reliably to its
electric distribution system, including after utility consideration of
temporary limited export agreements or temporary operation in a non-export mode
and other conditions where applicable, the
utility shall approve the interconnection request and provide a permission to
operate notice or a temporary permission to operate notice, if applicable,
within 20 business days of receipt of acceptable documents, subject to the
following conditions:
(1)—(2) (text unchanged)
(3) The witness test has been successfully completed or waived by
the utility; [and]
(4) The applicant has signed an interconnection agreement[.];
and
(5) A temporary permission to operate notice shall have a sunset
date proposed by the applicant and agreed by the utility as a condition of
approving the temporary permission to operate notice.
D.—E. (text unchanged)
.10 Level 2 Review.
A.—F. (text unchanged)
G. Interconnection Agreement.
(1)—(4) (text unchanged)
(5) The utility shall approve the interconnection request including
after utility consideration of temporary limited export agreements or
temporary operation in a non-export mode and other conditions, where
applicable, and provide a permission to operate notice or a temporary
permission to operate notice, if applicable, within 20 business days
of receipt of acceptable documents, subject to the following conditions:
(a)—(c) (text unchanged)
(d) Upon request of the utility, the applicant provides one or more
photographs of the small generator facility site location, components, metering
equipment, and other related facilities and equipment; [and]
(e) There is a successful completion of the witness test, if
conducted by the utility[.]; and
(f) A temporary permission to operate notice shall have a sunset
date proposed by the applicant and agreed by the utility as a condition of
approving the temporary permission to operate notice.
H. (text unchanged)
.11 Level 3 Review.
A.—D. (text unchanged)
E. Interconnection Agreement.
(1)—(4) (text unchanged)
(5) The utility shall approve the interconnection request including
after utility consideration of temporary limited export agreements
or temporary operation in a non-export mode and other conditions, where
applicable, and provide a permission
to operate notice or a temporary permission to operate notice, if
applicable, within 20 business days
of receipt of acceptable documents, subject to the following conditions:
(a)—(c) (text unchanged)
(d) Upon request of the utility, the applicant provides one or more
photographs of the small generator facility site location, components, metering
equipment, and other related facilities and equipment; [and]
(e) There is a successful completion of the witness test, if
conducted by the utility[.]; and
(f) A temporary permission to operate notice shall have a sunset
date proposed by the applicant and agreed by the utility as a condition of
approving the temporary permission to operate notice.
F. (text unchanged)
.12 Level 4 Study Review.
A.—D. (text unchanged)
E. Interconnection Feasibility, Interconnection System
Impact, and Interconnection Facilities Studies.
(1) Interconnection Feasibility Study.
(a)—(e) (text unchanged)
(f) The utility may require a study [deposit of the
lesser] fee of up to 100 percent of estimated nonbinding
good faith study costs [or $1,000].
(i) This good faith estimate shall be itemized including whether
the study needs to be outsourced to external engineering contractors and the
associated estimate.
(ii) During the conduct of the study, the utility shall promptly
inform an interconnection customer when they determine if projected costs are
expected to exceed this good faith estimate.
(iii) At the study’s conclusion, the utility shall reconcile
estimated costs with actual costs and require either true-up payments or
provide reimbursements to the interconnection customer.
(g) (text unchanged)
(2) Interconnection System Impact Study.
(a)—(f) (text unchanged)
(g) The utility may require a study [deposit of the
lesser] fee of up to [50] 100 percent
of estimated nonbinding good faith study costs [or $3,000].
(i) This good faith estimate shall be itemized including whether
the study needs to be outsourced to external engineering contractors and the
associated estimate.
(ii) During the conduct of the study, the utility shall promptly
inform an interconnection customer when they determine if projected costs are
expected to exceed this good faith estimate.
(iii) At the study’s conclusion, the utility shall reconcile
estimated costs with actual costs and require either true-up payments or
provide reimbursements to the interconnection customer.
(h) (text unchanged)
(3) Interconnection Facilities Study.
(a)—(d) (text unchanged)
(e) The utility may require a study [deposit of the
lesser] fee of up to [50] 100 percent
of estimated nonbinding good faith study costs [or $10,000].
(i) This good faith estimate shall be itemized including whether
the study needs to be outsourced to external engineering contractors and the
associated estimate.
(ii) During the conduct of the study, the utility shall promptly
inform an interconnection customer when they determine if projected costs are
expected to exceed this good faith estimate.
(iii) At the study’s conclusion, the utility shall reconcile
estimated costs with actual costs and require either true-up payments or
provide reimbursements to the interconnection customer.
(f)—(g) (text unchanged)
(4) Level 4 Analysis Template and Reports.
(a) An electric utility shall use a utility specific level 4
analysis template to communicate the methodology and results of a level 4
analysis. This template shall address the needs of each utility and be
developed with consideration given to the inherent differences among
investor-owned electric companies, electric cooperatives, and municipal
electric utilities.
(b) The level 4 analysis template shall include any necessary
analysis elements from the feasibility, impact, and facility studies specified
in this section.
(c) The level 4 analysis template shall include study category,
criteria, limit, a pass/fail study result, and written description of study
results.
(d) For each interconnection request subject to a level 4
analysis per the criteria of the electric utility, the electric utility shall
prepare an analysis report using its template.
(e) An electric utility may charge the interconnection customer
a fee to recover its costs to conduct the level 4 analysis report.
(f) The level 4 analysis report fee shall be listed on the
utility’s website.
(g) An electric utility may elect not to provide a level 4
analysis report to the interconnection customer if the interconnection customer
is not required to fund system upgrades or does not cause an adverse impact to
the electrical system.
(h) A level 4 analysis template shall be included in an electric
utility’s technical interconnection requirements and published on an electric
company’s website.
(i) An electric utility’s technical interconnection requirements
including a level 4 analysis template shall be accepted without Commission
review or approval unless the Commission decides to initiate a formal review
should cause arise.
F. Combined Interconnection Studies. A utility and
interconnection customer may agree to combined interconnection studies as
follows:
(1) A utility and interconnection customer may agree to combine
the interconnection feasibility study with the interconnection system impact
study;
(2) The interconnection system impact
study with the interconnection facilities study; and
(3) The interconnection feasibility
study, interconnection system impact study, and the interconnection facilities
study under the following conditions.
(a) The combined study shall include all the analytical
requirements in Regulation .12E of this chapter for the separate studies while
eliminating redundancies between these different studies required to complete
the interconnection study process.
(b) The combined study duration should not be greater than the
duration to complete the combined studies as compared to if the studies were
performed separately.
(c) The combined study fee should not be greater than the total
fee to complete the combined studies as compared to if the studies were
performed separately.
(i) This good faith estimate shall be itemized including whether
the study needs to be outsourced to external engineering contractors and the
associated estimate.
(ii) During the conduct of the study, the utility shall promptly
inform an interconnection customer if projected costs are expected to exceed
this good faith estimate.
(iii) At the study’s conclusion, the utility shall reconcile
estimated costs with actual costs and require either true-up payments or
provide reimbursements to the interconnection customer.
(d) Within 5 days of an agreement between the utility and the
interconnection customer to combine studies, the utility shall send the
applicant a combined study agreement using a form that includes an outline of
the scope of the combined study and a nonbinding good faith study fee estimate
of the cost to perform the combined study up to 100 percent of estimated
combined study costs.
(e) The date that the combined study
shall be completed and the results transmitted to the interconnection customer
shall be mutually agreed and included in the combined study agreement that is
signed by the parties. All other timelines in §E
of this regulation are exempted and superseded by the timelines established in
the combined study agreement.
[F.] G. Interconnection Agreement.
(1)—(3) (text unchanged)
(4) After the interconnection agreement is signed by the
applicant and utility, interconnection of the small generator facility shall
proceed according to any milestones agreed to by the applicant and utility in
the interconnection agreement[.] unless mutually agreed.
(a) Any changes to the start of small generator facility
milestones in an interconnection agreement shall be documented and mutually
agreed by both an interconnection customer and a utility.
(i) A failure to achieve a mutually agreed construction start
date or a commercial operation date due to utility imposed delays shall be
reported pursuant to Regulation .14D(2) of this chapter.
(ii) A failure to achieve a mutually agreed construction start
date or a commercial operation date due to failure of an interconnection
customer to meet its requirements shall not be reported pursuant to Regulation
.14D(2) of this chapter.
(iii) A utility shall document the cause of all failures to
achieve a mutually agreed construction start date or a commercial operation
date. These records may be inspected by the Commission, upon request, if
necessary for dispute resolution pursuant to Regulation .13 of this
chapter.
(b) Parallel construction of an interconnection customer’s
facilities and utility facilities identified in the interconnection facilities
study shall not be prohibited in an interconnection agreement except to the
extent that interconnection facilities may not be able to be fully constructed
until the interconnection customer has built their facilities at or near the
point of interconnection.
(5) The utility shall approve the interconnection request [and
provide a permission to operate notice] including after utility
consideration of temporary limited export agreements or temporary operation in
a non-export mode and other conditions, where applicable, and provide a permission to operate notice or a temporary permission to operate
notice, if applicable, within 20
business days of receipt of acceptable documents, subject to the following
conditions:
(a)—(c) (text unchanged)
(d) Upon request of the utility, the applicant provides one or more
photographs of the small generator facility site location, components, metering
equipment, and other related facilities and equipment; [and]
(e) There is a successful completion of the witness test, if
conducted by the utility[.]; and
(f) A temporary permission to operate notice shall have a sunset
date proposed by the applicant and agreed by the utility as a condition of
approving the temporary permission to operate notice.
[G.] H. (text unchanged)
.13 Dispute Resolution.
A. The [applicant] interconnection customer
and utility shall attempt to resolve all disputes regarding interconnection as
provided in this regulation promptly, equitably, and in a good faith manner.
B. Dispute Resolution Before the Commission.
(1) If a dispute arises, the [applicant] interconnection
customer or utility may seek [immediate] formal
resolution through the procedures of COMAR 20.32.01.
(2) [Dispute]
Alternatively, dispute
resolution [shall] may be conducted in an informal,
expeditious manner mediated by the Commission's interconnection ombudsman to reach resolution with minimal costs and
delay.
(3) [If a dispute arises involving technical matters
regarding the interconnection process, dispute resolution shall be delegated to
the Commission’s Engineering Division.] If the dispute resolution
request pursuant to §B(2) of this regulation could result in the loss of
funding or other adverse consequences if not expedited, the interconnection
ombudsman may at its discretion establish a rapid response team of utility representatives
and interconnection customer representatives to resolve the dispute
expeditiously.
(4) If a satisfactory resolution of the dispute mediated by the
interconnection ombudsman is not achieved between the interconnection customer
and the utility, the interconnection customer or utility may seek formal
resolution through the procedures of COMAR 20.32.01.
C. Pursuit of a formal
dispute resolution process pursuant to COMAR 20.32.01 may not affect an [applicant]
interconnection customer with regard to consideration of an
interconnection request or an [applicant's] interconnection
customer’s queue position.
D. Any deadline imposed by the regulations in this chapter,
which is directly affected by any issue in [dispute,] a formal
dispute resolution process pursuant to COMAR 20.32.01, shall be suspended until resolution of the
dispute.
E. If a satisfactory resolution of the formal dispute pursuant
to the procedures of COMAR 20.32.01 is not achieved between the [applicant]
interconnection customer and
utility, the [applicant] interconnection customer or utility may request a hearing, pursuant to
Public Utilities Article, §3-102, Annotated Code of Maryland.
.14 Record Retention and Reporting Requirements.
A.—B. (text unchanged)
C. A utility shall file not later than April 1 of each year,
unless otherwise directed by the Commission, a report entitled “Annual
Small Generator Interconnection Report” to the Commission containing the
following information for the preceding calendar year:
(1)—(2) (text unchanged)
[(3) The number of interconnection requests that were
not processed within the deadlines established for Level 1, Level 2, Level 3,
and Level 4 reviews and permission to operate notices in this chapter;]
[(4)] (3)—[(7)] (6) (text
unchanged)
[(8)] (7) The current utility status and
future plans and schedule for implementation of hosting capacity reporting
systems or improvements to existing hosting capacity reporting systems including
progress toward implementing monthly hosting capacity reporting system updates
pursuant to Regulation .06Q(1) of this chapter;
[(9)] (8)—[(11)] (10)
(text unchanged)
D. Missed Deadlines.
(1) The number of interconnection requests that were not
processed within the deadlines established for Level 1, Level 2, Level 3, and
Level 4 reviews and permission to operate notices and temporary permission to
operate notices in this chapter reported separately for each of Level 1, Level
2, Level 3, and Level 4 such that no single blended compliance percentage is
reported across review levels.
(2) The number of mutually agreed construction start dates or
commercial operation dates for Level 4 projects pursuant to Regulation .12G(4)
of this chapter.
(3) For Level 4 interconnection studies for which a study
agreement was fully executed on or after the effective date of these
regulations, the number of interconnection studies that were not processed
within each issuance deadline established in Regulation .12E of this chapter,
reported separately for the interconnection feasibility study, the
interconnection system impact study, and the interconnection facilities study.
For combined interconnection studies conducted under Regulation .12F of this
chapter, a utility may report against the cumulative timeline for the combined
study process established in the combined study agreement in lieu of reporting
against each separate study deadline.
[D.] E.—[F.] G. (text
unchanged)
ANDREW S. JOHNSTON
Executive Secretary
Title 21
STATE PROCUREMENT REGULATIONS
Notice of Proposed Action
[26-155-P]
The Secretary of the Maryland Department of General Services
proposes to:
(1) Amend Regulation .03 under COMAR 21.05.03 Procurement
by Competitive Sealed Proposals;
(2) Adopt new Regulation .33 under COMAR 21.07.01
Mandatory Contract Provisions—All Contracts; and
(3) Adopt new Regulations .01—.06 under a new chapter, COMAR
21.11.18 Eligible Internship and Registered Apprenticeship Programs.
Statement of Purpose
The purpose of this action is to comply with State Finance and
Procurement Article, §14-802, Annotated Code of Maryland.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Department of General Services, Office of
State Procurement, Policy Division, Department of General Services, Office of
State Procurement, Policy Division, Department of General Services, Office of
State Procurement, 301 West Preston Street, Baltimore, MD 21201, or call
410-767-4281, or email to [email protected]. Comments
will be accepted through October 19, 2026. A public hearing has not been
scheduled.
Subtitle 05 PROCUREMENT
METHODS AND PROJECT DELIVERY METHODS
21.05.03 Procurement by
Competitive Sealed Proposals
Authority: State Finance and Procurement Article, §§12-101, 13-104,
and 13-105, Annotated Code of Maryland
.03 Evaluation of Proposals, Negotiations
and Award.
A. Evaluation.
(1)—(2) (text unchanged)
(3) Economic Benefits Evaluation Factor.
(a) (text unchanged)
(b) Offerors may be asked to demonstrate in their proposals how the
contract will benefit the Maryland economy. The economic-benefits evaluation
factor may include consideration of such elements as:
(i)—(iii) (text unchanged)
(iv) The amount or percentage of subcontract dollars placed with
Maryland small businesses and Maryland MBEs[.]; and
(v) The offeror’s intended number of interns or apprentices to
perform work on the contract, in accordance with COMAR 21.11.18.
(c) (text unchanged)
(4)—(6) (text unchanged)
B.—G. (text unchanged)
Subtitle 07 CONTRACT TERMS AND CONDITIONS
21.07.01 Mandatory Contract
Provisions—All Contracts (except as provided under COMAR 21.05.07, 21.07.02,
and 21.07.03)
Authority: Election Law Article, §§14-101—14-108; General
Provisions Article, §§5-101 and 5-503; State Finance and Procurement Article,
§§12-101, 13-211, 13-217—13-219, 13-221—13-223, 13-317, 14-801—14-805, 15-226,
16-202, 17-401, 17-402, and 19-114; Annotated Code of Maryland; Chs. 588, 589,
and 630, Acts of 2017; Ch. 403, Acts of 2019
.33 Eligible Internship and Registered
Apprenticeship Programs.
For a covered procurement under COMAR 21.11.18, the procurement
officer shall include in the contract a provision substantially similar to the
following:
A. Internship and Apprenticeship Requirements. The contractor
shall utilize interns or apprentices as provided in its bid or proposal and in
accordance with the requirements of COMAR 21.11.18. An apprenticeship program
or internship must be registered or established within 60 days of the contract
start date.
B. Reporting Requirements.
(1) At least annually or upon request by the procurement officer
or designee, or the Department, the contractor shall provide a report to the
procurement officer or designee and the Department on the contractor’s progress
in utilizing interns or apprentices as provided in its bid or proposal.
(2) At any time during contract implementation, if the
contractor has reason to believe that it will not be able to use interns or
apprentices as provided in the bid or proposal, the contractor shall provide a
report to the procurement officer or designee and the Department including the
following information:
(a) The status of utilization of interns or apprentices;
(b) Any reasons for the inability to utilize interns or
apprentices as provided in the bid or proposal; and
(c) A description of efforts made to utilize interns and
apprentices.
(3) Prior to the end date of the contract’s period of
performance, the contractor shall provide a final report to the procurement
officer or designee and the Department detailing its compliance with the
utilization of interns and apprentices as provided in the bid or proposal.
C. Additional Information. If a request for information is made
by the procurement officer or designee, or the Department, regarding the
contractor’s eligible internship program or registered apprenticeship program,
the contractor shall provide a timely and complete response to the procurement
officer or designee and the Department.
Subtitle 11 SOCIOECONOMIC POLICIES
21.11.18 Eligible Internship
and Registered Apprenticeship Programs
Authority: State Finance and Procurement Article, §§14-801—14-805,
Annotated Code of Maryland
.01 Definitions.
A. In this chapter, the following terms have the meanings
indicated.
B. Terms Defined.
(1) “Apprenticeable occupation” has the meaning stated in COMAR
09.12.43.04.
(2) Covered procurement.
(a) “Covered procurement” means a procurement contract issued by
a State agency that:
(i) Has an estimated total dollar value of $1,000,000 or more;
(ii) Has a period of performance of at least 12 months in
duration, including any potential renewal options; and
(iii) Is not a public work contract subject to State Finance and
Procurement Article, §17-202, Annotated Code of Maryland.
(b) “Covered procurement” does not include:
(i) A procurement contract for the purchase of supplies, as
defined in COMAR 21.01.02.01(87), except for associated services;
(ii) An emergency or expedited procurement issued in accordance
with COMAR 21.05.06; or
(iii) A procurement contract issued in accordance with COMAR
21.11.05 to Blind Industries and Services of Maryland, as defined in COMAR
21.11.05.01B(1) or Maryland Correctional Enterprises, as defined in COMAR
21.11.05.01B(5).
(3) “Department” means the Maryland Department of Labor.
(4) “Eligible internship program” means an internship program
that requires a contractor or other entity to provide paid internships that
meet the standards in Regulation .03A of this chapter.
(5) “Registered apprenticeship program” has the meaning stated
in State Finance and Procurement Article, §14-801, Annotated Code of Maryland.
(6) “Secretary” means the Secretary of the Maryland Department
of Labor.
(7) “Violation” means a failure of a contractor to utilize
interns from an eligible internship program or apprentices from a registered
apprenticeship program as provided in the bid or proposal that resulted in the
contract for the covered procurement.
.02 Scope.
A. Applicability.
(1) A contractor awarded a covered procurement shall utilize an
eligible internship program or a registered apprenticeship program, unless a
waiver is issued in accordance with Regulation .06 of this chapter.
(2) For an indefinite delivery, indefinite quantity contract or
a master contract, as defined in COMAR 21.05.13.01, the solicitation that
establishes the contract shall state whether the requirements of this chapter
apply at either:
(a) The indefinite delivery, indefinite quantity contract or
master contract level; or
(b) The subsequent order or secondary competition level.
B. Internship and Apprenticeship Performance Requirements.
(1) A contractor awarded a covered procurement shall utilize an
eligible internship program or a registered apprenticeship program, unless a
waiver is issued in accordance with Regulation .06 of this chapter.
(2) Neither an intern in an eligible internship program nor an
apprentice in a registered apprenticeship program is required to perform work
exclusively on activities associated with the specific covered procurement.
(3) Except as provided in §B(4) of this regulation, a majority
of hours for which each intern or apprentice is compensated each month shall be
in support of the specific covered procurement.
(4) In a covered procurement for information technology services
that results in a contract containing subsequent task orders or secondary
competition, an intern or apprentice must perform the majority of the work on
either the specific covered procurement contract or any associated task order
or secondary competition, provided that the majority of the intern or
apprentice’s work hours are spent on work related to information technology.
C. Procurement Officer’s Determination. The procurement officer
is responsible for determining if a procurement meets the definition of
“covered procurement” as defined in this chapter.
D. Integrity in Application of Requirements. A unit may not
artificially divide or reduce a procurement contract to avoid adhering to the
requirements of this chapter.
.03 Program Standards.
A. Internships. A contractor that utilizes an eligible
internship program for a covered procurement under this chapter shall meet or
exceed the following minimum standards:
(1) General Program Requirements for Each Intern.
(a) Work-Based Learning. The contractor shall clearly define
learning objectives and goals aligned with the intern’s interests or field of
study, with assignments and experiences that contribute to the development of
skills and knowledge that are transferable to other employment settings.
(b) Position Description. The contractor shall establish a
position description for each intern with clear responsibilities, required and
desired qualifications, and compensation details.
(c) Documentation. The contractor shall provide each intern with
an internship agreement or contract that outlines the terms and conditions of
the internship.
(d) Number of Hours. The contractor shall require each intern to
complete a minimum of 120 hours in the program.
(e) Internship Commitments.
(i) The contractor shall define beginning and end dates of the
internship, the location of where the work will be performed, as applicable,
and any telework or remote work parameters.
(ii) The beginning and end dates of the internship may occur
outside of the contract period of performance.
(f) Supervision. The contractor shall assign a mentor with
relevant expertise and educational or professional experience to directly
supervise each intern, provide routine guidance and feedback, evaluate
performance, and meet with the intern at least weekly. A mentor may supervise
more than one intern.
(g) Onboarding and Offboarding. The contractor shall conduct an
orientation for each intern with training related to the contractor’s policies
and procedures, as well as an exit interview with each intern.
(h) Resources. The contractor shall equip each intern with the
equipment, facilities, and other resources necessary for the intern to
successfully perform their responsibilities.
(2) Compensation. The contractor shall:
(a) Pay each intern at least minimum wage for the State of
Maryland, unless a higher wage is required by other applicable federal law,
State law, or regulation;
(b) Pay an overtime wage of at least 1.5 times the usual hourly
wage if an intern works more than 40 hours in a week to the extent required
under Labor and Employment Article, §3-415, Annotated Code of Maryland, and the
Fair Labor Standards Act;
(c) Pay each intern through the issuance of a United States
Internal Revenue Service Form W-2; and
(d) Pay each intern at least twice per month to the extent
required under Labor and Employment Article, §3-502, Annotated Code of
Maryland.
(3) Workplace Protections. In implementing the internship
program, the contractor shall comply with all legal obligations as an employer,
including, but not limited to, its obligations as an employer under:
(a) Labor and Employment Article, Titles 3, 5, 8, and 9,
Annotated Code of Maryland, as applicable; and
(b) State Finance and Procurement Article, Titles 17 and 18,
Annotated Code of Maryland, as applicable.
B. Apprenticeships. A contractor that utilizes a registered
apprenticeship program for a covered procurement under this chapter shall
ensure that its registered apprenticeship program conforms to the standards set
forth in COMAR 09.12.43.
.04 Procedures.
A. General. For any covered procurement, the procurement officer
shall either apply the requirements of this chapter or obtain a written waiver
of all or part of these requirements in accordance with Regulation .06 of this
chapter.
B. Solicitation. When issuing a solicitation for a covered
procurement:
(1) The procurement officer shall include a statement in the
solicitation that the procurement is a covered procurement under COMAR
21.11.18.
(2) The procurement officer shall include a requirement in the
solicitation for a bidder or offeror to demonstrate how they meet or exceed the
minimum standards for the apprenticeship or internship program, including:
(a) The number of interns or apprentices that will be utilized
throughout the contract term, including potential renewal options;
(b) A description of the work to be performed by interns in an
eligible internship program or apprentices in a registered apprenticeship
program, including:
(i) A detailed description of any work the interns or
apprentices will perform directly on the covered procurement; and
(ii) A brief description of other activities the interns or
apprentices may perform outside of the covered procurement;
(c) The geographic location, including zip code(s), where each
intern or apprentice will perform any work directly on the covered procurement;
and
(d) The duration of each internship or apprenticeship.
(3) The procurement officer may include an economic benefits
evaluation factor in a solicitation in accordance with COMAR 21.05.03.03A(3).
C. Sole Source Procurements. For a sole source procurement that
meets the definition of covered procurement:
(1) The procurement officer shall require the offeror to provide
written details about its eligible internship program or registered
apprenticeship program, including the details in §B(2) of this regulation.
(2) The procurement officer may approve deviations from the
program standards set forth in Regulation .03 of this chapter only in
accordance with the waiver provisions of Regulation .06 of this chapter.
D. Contract Award. For a covered procurement, the procurement
officer shall include the provision found in COMAR 21.07.01.33 in the contract.
E. Post-Award Implementation. The procurement officer shall
include in the contract for a covered procurement a requirement that a
registered apprenticeship program or an eligible internship program must be
registered or established within 60 days of the contract start date.
.05 Violations and Penalties.
A. Alleged Violations.
(1) In the event the procurement officer has reason to believe
or is notified that there may be a violation, the procurement officer shall
promptly report such alleged violation to the Department.
(2) The Department shall provide an opportunity for other
sources, including any member of the public, to report an alleged violation.
(3) The Department shall share with the procurement officer any
report of an alleged violation received from a source other than the
procurement officer.
B. Amount of Penalty. The Department shall establish and
annually update a standardized schedule of civil penalties for violations, with
a maximum civil penalty of $10,000 per contract.
C. Referral to Attorney General.
(1) If the Department receives a report of an alleged violation,
the Department shall promptly refer such report, and any other relevant
supporting information in the Department’s possession, to the Office of the
Attorney General.
(2) The procurement officer shall furnish any available
additional information relating to the covered procurement or alleged violation
upon request of the Office of the Attorney General.
D. Civil Actions.
(1) Upon receipt of a report of an alleged violation, the Office
of the Attorney General shall investigate and determine whether to bring a
civil action against a person or business for the alleged violation.
(2) Civil actions shall proceed in accordance with State Finance
and Procurement Article, §14-805, Annotated Code of Maryland.
(3) To the maximum extent possible, the Office of the Attorney
General shall not release the identity of any complainant or complainants or
any person or persons who furnish information relating to, or assist in, an
investigation of an alleged violation, consistent with applicable law.
E. Payment to State Apprenticeship Training Fund. Penalties
shall be paid to the State Apprenticeship Training Fund established under State
Finance and Procurement Article, §17-602, Annotated Code of Maryland, unless
otherwise required by federal law.
.06 Waivers.
A. Waiver Approval Authority. The Secretary or designee may
waive some or all of the requirements of this chapter for a procurement
contract or a class of contracts.
B. Waiver Criteria. The Secretary or designee may issue a waiver
due to any of the following factors:
(1) A lack of apprenticeable occupations;
(2) A lack of suitable opportunities for internships;
(3) Non-availability of contractors with eligible internship
programs or registered apprenticeship programs;
(4) A need for an adjustment in a minimum requirement for a
contractor’s internship or apprenticeship program due to industry limitations
or considerations; or
(5) A determination that the public interest is best served by a
waiver.
C. Waiver Request.
(1) A procurement officer may submit a request for a waiver to
the Secretary or designee at any phase of the procurement process.
(2) When requesting a waiver, the procurement officer shall
submit the following documentation in support of the request:
(a) A description of the procurement, including details on any
labor to be provided, the expected place of performance and period of
performance, and anticipated contract cost;
(b) A detailed justification for the need for the waiver; and
(c) If applicable, a statement of the efforts made to identify
contractors with eligible internship programs or registered apprenticeship
programs.
D. Waiver Documentation.
(1) If approved, the Secretary or designee shall issue the
waiver in writing.
(2) The procurement officer shall save a copy of any approved
waiver in the relevant procurement file.
ATIF CHAUDHRY
Secretary of General
Services
Title 31
MARYLAND INSURANCE ADMINISTRATION
Notice of Proposed Action
[26-145-P]
The Insurance Commissioner proposes to:
(1) Amend Regulation .02, adopt new Regulations .04
and .05, and recodify existing Regulations .04 and .05 to
be Regulations .06 and .07 under COMAR 31.04.16 Filing of
Underwriting Standards, and
(2) Amend Regulation .04 under COMAR 31.08.13 Application
of a Percentage Deductible in the Case of a Hurricane.
Statement of Purpose
The purpose of this action is to require that:
(1) Insurers file underwriting standards for homeowner's insurance,
and any subsequent amendments; and
(2) Insurers file underwriting standards for PPA insurance, and any
subsequent amendments.
In the past, the MIA required carriers to file underwriting
guidelines for certain products. That practice ended in 2017. These regulations
would reinstate the practice for homeowner's and personal passenger auto (PPA)
insurance. These regulatory changes would give the MIA greater insight into
homeowners' filings and personal auto filings and the overall status of these
critical markets for Marylanders.
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 Jessica Blackmon, Government Relations
& Regulatory Affairs Specialist, Maryland Insurance Administration, 200 St.
Paul Place, Suite 2700, Baltimore, MD 21202, or call 410-468-2019, or email to
[email protected]. Comments will be accepted through October
19, 2026. A public hearing has not been scheduled.
Subtitle
04 INSURERS
31.04.16 Filing of Underwriting Standards
Authority: Insurance Article, §§2-109 and 27-501, Annotated Code of
Maryland
.02 [Definition.] Definitions.
A. In this chapter, the
following terms have the meanings indicated.
B. Terms Defined.
(1) Homeowner’s Insurance.
(a) “Homeowner's insurance” means
insurance for residential property that provides one or more of the following
coverages:
(i) Fire;
(ii) Extended coverage;
(iii) Vandalism and malicious
mischief;
(iv) Burglary;
(v) Theft; or
(vi) Personal liability.
(b) “Homeowners insurance”
includes renter’s insurance for a residential property that provides one or
more of the coverages listed in §B(1)(a) of this regulation.
(c) “Homeowner's insurance”
does not include:
(i) An umbrella policy; or
(ii) Property insurance or
casualty insurance issued to an individual, a sole proprietor, partnership,
corporation, limited liability company, or similar entity and intended to
insure against loss arising from the business pursuits of the insured individual
or entity.
(2) “NAIC” means the National
Association of Insurance Commissioners.
(3) “Private passenger motor
vehicle insurance” means insurance subject to the requirements of Insurance
Article, Title 19, Subtitle 5, Annotated Code of Maryland, other than
commercial insurance.
(4) Residential Property.
(a) “Residential property”
means property that is used primarily as a residence.
(b) “Residential property”
includes:
(i) A residence written on a
personal farm owner's policy form;
(ii) A condominium unit;
(iii) A mobile home; and
(iv) A multiunit building if
one of the units is occupied by the owner of the building and not more than
three units are occupied by tenants.
(c) “Residential property”
does not include a boat.
(5) “Underwriting
standards” means underwriting manuals, including any amendments or supplements
to underwriting manuals, and those generally accepted practices of the insurer
contained in written underwriting instructions, guidelines, and rules furnished
by the insurer for use by its underwriters and insurance producers as standards
for acceptance of risks.
.04 Filing of
Underwriting Standards for Homeowner’s Insurance.
A. An insurer shall file its
current underwriting standards for homeowner’s insurance, including any
supplements or amendments that have been adopted, with the Commissioner on or
before January 4, 2027.
B. An insurer that makes a
filing under §A of this regulation shall include the following information in
the filing:
(1) The insurer’s NAIC
number;
(2) A copy of the insurer’s
current underwriting standards;
(3) An attestation that:
(a) States that the
underwriting standards included in the filing are in effect as of the date of
the filing; and
(b) Is signed by an executive
employee of the insurer with responsibility for the insurer’s underwriting
function; and
(4) Any other information
that the Commissioner specifically requests in writing.
C. As of January 4, 2027, an
insurer may not implement or use an amendment to its underwriting standards for
homeowner’s insurance unless the insurer has filed the amendment to its
underwriting standards with the Commissioner.
D. A filing is required under
§C of this regulation before an insurer:
(1) Adopts a new underwriting
standard;
(2) Alters an existing
underwriting standard; or
(3) Withdraws or ceases to
use an existing underwriting standard in making underwriting decisions.
E. An insurer that makes a
filing under §C of this regulation shall include the following information in
the filing:
(1) The insurer’s NAIC
number;
(2) A copy of the new
underwriting standard, a copy of the altered underwriting standard with
alterations redlined or otherwise clearly identified, or notice of the
withdrawal of the underwriting standard;
(3) An attestation that:
(a) States the date on which
the amendment to the insurer’s underwriting standards will become effective;
and
(b) Is signed by an executive
employee of the insurer with responsibility for the insurer’s underwriting
function; and
(4) Any other information
that the Commissioner specifically requests in writing.
F. The filing requirements
under §§A and C of this regulation apply to underwriting guidelines for new
business and renewal business.
G. A filing required under §A
or C of this regulation shall be submitted via the System for Electronic Rates
and Forms Filing that is maintained by the NAIC:
(1) Under the filing type
labeled “Underwriting Guidelines”; and
(2) With a citation to this
regulation entered in the field labeled “Product Name”.
H. A filing fee will not be
assessed for a filing that is:
(1) Required under §A or C of
this regulation; and
(2) Submitted in accordance
with §F of this regulation.
I. The Commissioner’s
acceptance of a filing required under §A or C of this regulation does not
constitute approval of any underwriting standard included in the filing.
J. This regulation does not
alter any filing requirement pertaining to an underwriting standard that
requires a hurricane percentage deductible that exceeds 5 percent pursuant to COMAR
31.04.13.
.05 Filing of Underwriting
Standards for Private Passenger Motor Vehicle Insurance.
A. An insurer shall file its
current underwriting standards for private passenger motor vehicle insurance,
including any supplements or amendments that have been adopted, with the
Commissioner on or before September 1, 2027.
B. An insurer that makes a
filing under §A of this regulation shall include the following information in
the filing:
(1) The insurer’s NAIC
number;
(2) A copy of the insurer’s
current underwriting standards;
(3) An attestation that:
(a) States that the
underwriting standards included in the filing are in effect as of the date of
the filing; and
(b) Is signed by an executive
employee of the insurer with responsibility for the insurer’s underwriting
function; and
(4) Any other information
that the Commissioner specifically requests in writing.
C. As of September 1, 2027,
an insurer may not implement or use an amendment to its underwriting standards
for private passenger motor vehicle insurance unless the insurer has filed the
amendment to its underwriting standards with the Commissioner.
D. A filing is required under
§C of this regulation before an insurer:
(1) Adopts a new underwriting
standard;
(2) Alters an existing
underwriting standard; or
(3) Withdraws or ceases to
use an existing underwriting standard in making underwriting decisions.
E. An insurer that makes a
filing under §C of this regulation shall include the following information in
the filing:
(1) The insurer’s NAIC
number;
(2) A copy of the new
underwriting standard, a copy of the altered underwriting standard with
alterations redlined or otherwise clearly identified, or notice of the
withdrawal of the underwriting standard;
(3) An attestation that:
(a) States the date on which
the amendment to the insurer’s underwriting standards will become effective;
and
(b) Is signed by an executive
employee of the insurer with responsibility for the insurer’s underwriting
function; and
(4) Any other information the
Commissioner considers necessary.
F. The filing requirements
under §§A and C of this regulation apply to underwriting guidelines for new
business and renewal business.
G. A filing required under §A
or C of this regulation shall be submitted via the System for Electronic Rates
and Forms Filing that is maintained by the NAIC:
(1) Under the filing type
labeled “Underwriting Guidelines”; and
(2) With a citation to this
regulation entered in the field labeled “Product Name”.
H. A filing fee will not be
assessed for a filing that is:
(1) Required under §A or C of
this regulation; and
(2) Submitted in accordance
with §F of this regulation.
I. The Commissioner’s
acceptance of a filing required under §A or C of this regulation does not
constitute approval of any underwriting standard included in the filing.
Subtitle 08 PROPERTY AND CASUALTY
INSURANCE
31.08.13 Application of a Percentage Deductible in the
Case of a Hurricane
Authority: Insurance Article, §§ 2-109, 19-209, and 19-209.1,
Annotated Code of Maryland
.04 Underwriting Standard.
A. (text unchanged)
B. If an insurer withdraws an underwriting standard that requires a
percentage deductible that exceeds 5 percent, the insurer shall notify the
Commissioner in writing [within 10 days of] prior to implementing the
withdrawal.
C. (text unchanged)
MARIE GRANT
Insurance Commissioner
Title 37
MARYLAND DEPARTMENT OF DISABILITIES
Subtitle 03 MARYLAND
ASSISTIVE TECHNOLOGY PROGRAM
37.03.01 General
Program Requirements
Authority: Human Services Article, §7-1405, Annotated Code of
Maryland
Notice of Proposed Action
[26-135-P]
The Maryland Department of Disabilities proposes to adopt new
Regulations .01—.07 under a new chapter, COMAR 37.03.01 General
Program Requirements, under a new subtitle, Subtitle 03
Maryland Assistive Technology Program, under a new title, Title 37
Maryland Department of Disabilities.
Statement of Purpose
The purpose of this action is to:
(1) Implement Human Services Article, Title 7, Subtitle 14,
Annotated Code of Maryland, which established the Maryland Assistive Technology
Program of the Maryland Department of Disabilities; and
(2) Articulate general
requirements for the program.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has an impact on individuals with disabilities
as follows:
These regulations will have a positive impact on people with
disabilities. These regulations are part of an effort to establish the
long-standing Maryland Assistive Technology Program (MDTAP) in State law and
support its long-term sustainability. First funded by a federal grant in
1989, MDTAP provides a number of free
assistive technology (AT) services to assist Marylanders with disabilities
live, learn, and work independently. These regulations include implementation
of several new services authorized by State statute, which MDTAP will offer on
a fee-for-service basis at market rates. One of the new services offered is AT
assessments, in which an individual’s AT needs are formally evaluated by an AT
Professional. AT assessments are a particular unmet need in Maryland, as few
organizations aside from MDTAP have the qualified personnel needed to provide
this service. MDTAP will also offer digital accessibility and customized
training services on a fee-for-service basis. Its core AT services will remain
free to eligible individuals, families, and organizations. The revenue
generated by these fees will go towards supporting the program’s free AT
services.
Opportunity for Public Comment
Comments may be sent to Anne Blackfield, Deputy Secretary, Maryland
Department of Disabilities, 217 East Redwood Street, Suite 1300, Baltimore, MD
21202, or call 410-767-3660, or email to [email protected]. For individuals
who wish to provide recorded comments in ASL, please send recorded video
messages as attachments to [email protected].
Comments will be accepted through October 19, 2026. A public hearing has not
been scheduled.
.01 Purpose.
The purpose of the Maryland Assistive Technology Program is to
provide services and programs that increase Statewide access to assistive
technology for individuals with disabilities in Maryland.
.02 Definitions.
A. In this chapter, the following terms have the meanings
indicated.
B. Terms Defined.
(1) “Assistive technology” means technology designed to be
utilized in an assistive technology device or assistive technology service.
(2) “Assistive technology device” has the meaning stated in Human
Services Article, §7-1401, Annotated Code of Maryland.
(3) “Assistive technology lending libraries” refers to a
building, room, or portion of a room containing assistive technology that is
available for eligible individuals or entities to utilize on-site or borrow to
utilize off-site for a limited period of time.
(4) “Assistive technology service” has the meaning stated in Human
Services Article, §7-1401, Annotated Code of Maryland.
(5) “Disability” has the meaning stated in Human Services
Article, §7-101, Annotated Code of Maryland.
(6) “Program” means the Maryland Assistive Technology Program.
(7) “Underrepresented population” has the meaning stated in 29 U.S.C. §3002.
.03 Program Services.
A. General Provision of Services.
(1) As resources allow, the Program shall make available one or
more of the services described in this section.
(2) The Program shall provide, or make provision for, all
services required by 29 U.S.C. §§3001—3003 for which
it receives federal funding.
B. Description of Core Services. As deemed appropriate by the
Program, the following core services may be made available to the individuals
and entities specified in Regulation .04A of this chapter:
(1) Alternative financing services, which increase access to
funding for assistive technology devices and assistive technology services,
including through the provision of oversight for the Assistive Technology
Guaranteed Loan Program described under Human Services Article, Title 7,
Subtitle 6, Annotated Code of Maryland;
(2) Comprehensive information, training, and technical
assistance services, which provide, to the extent practicable, comprehensive
information about assistive technology devices and services, including
information about assistive technology policies, venders, providers, and repair
services;
(3) Device demonstrations, which demonstrate a variety of
assistive technology devices and assistive technology services;
(4) Device loan programs and assistive technology lending
libraries, which provide short-term loans of assistive technology devices; or
(5) Device reutilization services, which provide for the
exchange, repair, recycling, or other reutilization of assistive technology
devices, and which may include redistribution through device sales, loans,
rentals, or donations.
C. Customized Services. As deemed appropriate by the Program,
and as resources allow, the following customized services may be made available
to the individuals or entities specified in Regulation .04B of this chapter:
(1) Assistive technology assessment services, which are
comprehensive, individualized clinical evaluations resulting in recommendations
for specific assistive technology that will assist the evaluated individual in
achieving an identified task or goal;
(2) Digital accessibility services, which include consultation,
training, or technical assistance to support the creation, implementation,
maintenance, or remediation of accessible digital services and media such as
websites, documents, or online applications; or
(3) Customized training services, which are intensive assistive
technology trainings developed on demand, at the request of a specific customer
request, and are tailored to meet the specific assistive technology-related
educational needs for that customer.
D. The Program may develop additional programs or services as
appropriate to address the needs of individuals with disabilities, including underrepresented
populations, who live or reside in Maryland.
.04 Availability of Services.
A. Core Service Eligibility. The following individuals and
entities are eligible for the core services described in Regulation .03B of
this chapter:
(1) Individuals with disabilities, including those in
underrepresented populations, who live or reside in Maryland;
(2) Individuals who would benefit from assistive technology but
experience barriers to accessing assistive technology services, including older
adults, individuals with chronic or acute illnesses, and individuals with
undiagnosed disabilities;
(3) Family members, guardians, advocates, or authorized
representatives of individuals described in §§A(1) and (2) of this regulation; and
(4) Individuals and entities who are supporting individuals
described in §A(1) or (2) of this regulation and are:
(a) Individuals who work for public or private entities that
have contact with, or provide services to, individuals with disabilities, such
as centers for independent living described in 29 U.S.C. §§796f—796f-6,
insurers, or managed care providers;
(b) Educators and related services personnel at all age levels,
including early intervention services, elementary schools, secondary schools,
community colleges, and vocational and other institutions of higher education;
(c) Technology experts, including web designers and procurement
officials;
(d) Health, allied health, and rehabilitation professionals,
hospital employees and discharge planners;
(e) Private and public sector employers and providers of
employment and training services;
(f) Entities that manufacture or sell assistive technology
devices; or
(g) Entities that carry out community programs designed to
develop essential community services in rural and urban areas; and
(5) Other appropriate individuals and entities, as determined by
the Program.
B. Eligibility for Customized Services.
(1) Assistive technology assessments, as described in Regulation
.03C(1) of this chapter, are available to individuals described in §§A(1) and
(2) of this regulation.
(2) Digital accessibility services, as described in Regulation
.03C(2) of this chapter, are available to individuals and entities described in
§§A(4) and (5) of this regulation.
(3) Customized trainings, as described in Regulation .03C(3) of
this chapter, are available to individuals and entities described in §§A(4) and
(5) of this regulation.
.05 Limitations on Services.
Program staff may not provide in-person, on-site services in
private residences.
.06 Fees for Services.
A. Fees for Services. Except as noted in §B of this regulation,
the Program may charge reasonable fees for services.
B. Restrictions on Service Fees.
(1) The Program may not charge individuals for services where
the personnel and operational costs of the service are fully subsidized by
another funding source outside of the Department, such as an allocation, grant,
or contract with another public or private entity.
(2) The Program may not charge government units within the State
of Maryland for the provision of services that are:
(a) Substantially similar to services provided by the Department
of Information Technology; and
(b) Not subject to a fee by the Department of Information
Technology.
C. Insurance Claims.
(1) The Program may not file insurance claims on behalf of an
individual for a service that may be covered by the individual’s private health
insurance.
(2) The Program shall provide individuals with documentation of
the assistive technology assessment that individuals may submit to their private
insurers for the purpose of filing a claim for reimbursement from the
individual’s insurer.
D. Notice of Fees.
(1) The Program shall make available on its website and through
other modalities, as necessary, a fee schedule for all services for which it charges
fees, including items such as cancellations and damaged devices.
(2) The Program shall provide individuals and entities seeking
services with a notice of service fees and the policy for fees prior to the
provision of the service.
.07 Purchase and Disposal of Assistive Technology Devices.
A. Ownership of Devices. Unless otherwise agreed through grant
or contract, the Program retains ownership of assistive technology it purchases
for its assistive technology lending libraries.
B. Disposal of Devices. Assistive technology determined by the
Program to have reached the end of life may, at the discretion of the Program,
be donated directly to individuals if the assistive technology meets the
following conditions:
(1) The assistive technology was purchased for use in one or
more of the Program’s assistive technology lending libraries;
(2) The Program has determined it is suitable for donation to
individuals for personal use through the device reutilization services
described in Regulation .03B(5) of this chapter; and
(3) The assistive technology meets any other criteria required
by the Department of General Services as part of the delegation of disposal
authority under State Finance and Procurement Article, §4-504(e), Annotated
Code of Maryland.
CAROL A. BEATTY
Secretary
37.03.02 Adapted
Vehicle Access Pilot Program
Authority: Human Services Article, §7-110, Annotated Code of
Maryland
Notice of Proposed Action
[26-152-P]
The Maryland Department of Disabilities proposes to adopt new
Regulations .01—.04 under a new chapter, COMAR 37.03.02 Adapted
Vehicle Access Pilot Program, under
a new subtitle, Subtitle 03 Maryland Assistive Technology Program,
under a new title, Title 37 Maryland Department of Disabilities.
Statement of Purpose
The purpose of this action is to:
(1) Implement Human Services Article, §§7-1301 and 7-1302,
Annotated Code of Maryland establishing the Adapted Vehicle Access Pilot
Program, which the Maryland Department of Disabilities will administer through
its Maryland Assistive Technology Program; and
(2) Clarify requirements and limitations for the program.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has an impact on individuals with disabilities
as follows:
These regulations will have a positive impact on people with
disabilities who can meet the program’s statutory eligibility criteria. As set
forth in Human Services Article, §§7-1301 and 7-1302, Annotated Code of
Maryland, the purpose of the Adapted Vehicle Access Pilot Program is to provide
adapted vehicles to eligible individuals who do not qualify for a vehicle loan
from MDOD’s financial loan program.
Human Services Article, §7-1301, Annotated Code of Maryland limits
eligible individuals to those who require a mobility aid, are licensed drivers,
and are qualified to drive an adapted vehicle. The regulations clarify
definitions and implement the program so that it can benefit as many people
with disabilities as possible within the bounds of the authorizing statutes. If
the program is able to connect individuals with disabilities to donated adapted
vehicles, this could significantly improve their ability to access new
education, employment, and community engagement opportunities.
Opportunity for Public Comment
Comments may be sent to Anne Blackfield, Deputy Secretary, Maryland
Department of Disabilities, 217 East Redwood Street, Suite,1300, Baltimore, MD
21202, or call 410-767-3660, or email to [email protected]. For individuals
who wish to provide recorded comments in ASL, please send recorded video
messages as attachments to [email protected].
Comments will be accepted through October 19, 2026. A public hearing has not
been scheduled.
.01 Purpose.
The purpose
of the Adapted Vehicle Access Pilot Program is to provide adapted vehicles to
eligible individuals who do not qualify for other programs offered by the
Maryland Department of Disabilities that provide access to adapted vehicles.
.02 Definitions.
A. In this chapter, the following terms have the meanings
indicated.
B. Terms Defined.
(1) “Adapted vehicle” means a motor vehicle that has been
modified to be operated by an individual who requires a mobility aid. These
modifications include, but are not limited to, changes to how the vehicle’s
operator enters, exits, or drives the vehicle.
(2) “Department” means the Maryland Department of Disabilities.
(3) “Donations” means the voluntary transfer of property,
services, or funds to the Program or an eligible individual for the purpose of:
(a) Providing an adapted vehicle to an eligible individual at no
cost or less than fair market value; or
(b) Partially or fully subsidizing the eligible individual’s
cost of purchasing, repairing, or modifying an adapted or unadapted vehicle.
(4) “Eligible individual” means an individual who has met the
criteria in Regulation .04 of this chapter.
(5) “Program” means the Adapted Vehicle Access Pilot Program.
(6) “Program partners” means private or public organizations
that have entered into agreements with the Program to accept donations on
behalf of the Program and make the donations available to eligible individuals.
(7) “Services” means activities intended to:
(a) Adapt or modify an otherwise unadapted vehicle;
(b) Repair an adapted vehicle; or
(c) Otherwise ensure an adapted vehicle is operable in
accordance with applicable federal, State of Maryland, and local safety
standards and vehicle laws.
(8) “Vehicle” means a motor vehicle that is either an adapted
vehicle or an unadapted vehicle that can be modified to be operated by an
individual who requires a mobility aid.
.03 Eligibility.
A. General Eligibility. To be eligible to receive a donation
from the Program, an individual must:
(1) Be a Maryland resident;
(2) Have a disability for which the individual uses a mobility
aid to assist with physical mobility such as, but not limited to, a wheelchair, cane, walker, orthotic
device, prosthetic device, or other assistive device;
(3) Have a valid driver’s license or learner’s permit;
(4) Be ineligible
for other programs offered by the Department that provide access to adapted
vehicles. and
(5) Meet the criteria for qualified drivers of adapted vehicles
in .03B of this regulation.
B. Criteria for Qualified Drivers of Adapted Vehicles.
(1) Categorical Qualifications. The Program shall consider an
individual to be a qualified driver of an adapted vehicle if the individual:
(a) Has a current driver’s license with an appropriate
restriction code for driving an adapted vehicle; or
(b) Has received a driving and adaptation assessment report
conducted by an Occupational Therapist or Driver Rehabilitation Specialist
within the 12 months prior to application for the Program.
(2) Other Qualifications. The Program may consider other
criteria for qualification as determined by the Program on a case-by-case
basis.
.04 Program Activities.
A. Permitted Activities. The Program’s activities include:
(1) Selecting eligible individuals to participate in the
Program;
(2) Establishing criteria for prioritizing eligible individuals,
including on the basis of the eligible individuals’ access to public
transportation and ability to operate the particular adapted vehicles available
to the Program;
(3) Facilitating donations in which an individual or a private
or public organization provides a donation of a vehicle or service directly to
an eligible individual;
(4) Soliciting donations by individuals or organizations to
Program partners;
(5) Facilitating access of eligible individuals to donated
vehicles available from Program partners;
(6) Seeking private and public funds and grants to support the
Program;
(7) Soliciting
vendors to provide vehicle modifications and adaptation services or assist with
Program activities as needed;
(8) Developing and collecting quantitative and qualitative data
for Program performance measures;
(9) Developing recommendations for modifications to the Program
should it extend beyond its statutory pilot period; and
(10) Other activities as necessary to carry out the purpose of
the Program.
B. Prohibited Activities. The Program may not:
(1) Take physical possession of a vehicle;
(2) Take title of a vehicle;
(3) Store donated vehicles, or allow donated vehicles to be
stored on State of Maryland property;
(4) Direct Program staff to perform maintenance, repairs, or
inspections, or any other services on donated vehicles;
(5) Direct Program staff to operate or transport donated
vehicles;
(6) Provide funds for ongoing costs of vehicle ownership, such
as taxes, insurance, vehicle registration, or gasoline;
(7) Assume or
accept liability for any repair or adaptation, or for the consequences flowing
from any repair or adaptation; or
(8) Assume or
accept liability for any ticket, violation, insurance, registration, or
accident involving a driver of a vehicle adapted or obtained through the
Program.
CAROL A.
BEATTY
Secretary of
Disabilities
Special Documents
