Capitol Building

Maryland Register


Issue Date: June 8, 2018

Volume 45 • Issue 12 • Pages 607-650

IN THIS ISSUE

Governor

Judiciary

Regulations

Errata

Special Documents

General Notices

 

Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before May 21, 2018 5 p.m.
 
Pursuant to State Government Article, §7-206, Annotated Code of Maryland, I hereby certify that this issue contains all documents required to be codified as of May 21, 2018.
 
Gail S. Klakring
Acting Administrator, Division of State Documents
Office of the Secretary of State

Seal

Information About the Maryland Register and COMAR

MARYLAND REGISTER

   The Maryland Register is an official State publication published every other week throughout the year. A cumulative index is published quarterly.

   The Maryland Register is the temporary supplement to the Code of Maryland Regulations. Any change to the text of regulations published  in COMAR, whether by adoption, amendment, repeal, or emergency action, must first be published in the Register.

   The following information is also published regularly in the Register:

   • Governor’s Executive Orders

   • Attorney General’s Opinions in full text

   • Open Meetings Compliance Board Opinions in full text

   • State Ethics Commission Opinions in full text

   • Court Rules

   • District Court Administrative Memoranda

   • Courts of Appeal Hearing Calendars

   • Agency Hearing and Meeting Notices

   • Synopses of Bills Introduced and Enacted by the General Assembly

   • Other documents considered to be in the public interest

CITATION TO THE MARYLAND REGISTER

   The Maryland Register is cited by volume, issue, page number, and date. Example:

• 19:8 Md. R. 815—817 (April 17, 1992) refers to Volume 19, Issue 8, pages 815—817 of the Maryland Register issued on April 17, 1992.

CODE OF MARYLAND REGULATIONS (COMAR)

   COMAR is the official compilation of all regulations issued by agencies of the State of Maryland. The Maryland Register is COMAR’s temporary supplement, printing all changes to regulations as soon as they occur. At least once annually, the changes to regulations printed in the Maryland Register are incorporated into COMAR by means of permanent supplements.

CITATION TO COMAR REGULATIONS

   COMAR regulations are cited by title number, subtitle number, chapter number, and regulation number. Example: COMAR 10.08.01.03 refers to Title 10, Subtitle 08, Chapter 01, Regulation 03.

DOCUMENTS INCORPORATED BY REFERENCE

   Incorporation by reference is a legal device by which a document is made part of COMAR simply by referring to it. While the text of an incorporated document does not appear in COMAR, the provisions of the incorporated document are as fully enforceable as any other COMAR regulation. Each regulation that proposes to incorporate a document is identified in the Maryland Register by an Editor’s Note. The Cumulative Table of COMAR Regulations Adopted, Amended or Repealed, found online, also identifies each regulation incorporating a document. Documents incorporated by reference are available for inspection in various depository libraries located throughout the State and at the Division of State Documents. These depositories are listed in the first issue of the Maryland Register published each year. For further information, call 410-974-2486.

HOW TO RESEARCH REGULATIONS

An Administrative History at the end of every COMAR chapter gives information about past changes to regulations. To determine if there have been any subsequent changes, check the ‘‘Cumulative Table of COMAR Regulations Adopted, Amended, or Repealed’’ which is found online at http://www.dsd.state.md.us/PDF/CumulativeTable.pdf. This table lists the regulations in numerical order, by their COMAR number, followed by the citation to the Maryland Register in which the change occurred. The Maryland Register serves as a temporary supplement to COMAR, and the two publications must always be used together. A Research Guide for Maryland Regulations is available. For further information, call 410-260-3876.

SUBSCRIPTION INFORMATION

   For subscription forms for the Maryland Register and COMAR, see the back pages of the Maryland Register. Single issues of the Maryland Register are $15.00 per issue.

CITIZEN PARTICIPATION IN
THE REGULATION-MAKING PROCESS

   Maryland citizens and other interested persons may participate in the process by which administrative regulations are adopted, amended, or repealed, and may also initiate the process by which the validity and applicability of regulations is determined. Listed below are some of the ways in which citizens may participate (references are to State Government Article (SG),

Annotated Code of Maryland):

   • By submitting data or views on proposed regulations either orally or in writing, to the proposing agency (see ‘‘Opportunity for Public Comment’’ at the beginning of all regulations appearing in the Proposed Action on Regulations section of the Maryland Register). (See SG, §10-112)

   • By petitioning an agency to adopt, amend, or repeal regulations. The agency must respond to the petition. (See SG §10-123)

   • By petitioning an agency to issue a declaratory ruling with respect to how any regulation, order, or statute enforced by the agency applies. (SG, Title 10, Subtitle 3)

   • By petitioning the circuit court for a declaratory judgment

on the validity of a regulation when it appears that the regulation interferes with or impairs the legal rights or privileges of the petitioner. (SG, §10-125)

   • By inspecting a certified copy of any document filed with the Division of State Documents for publication in the Maryland Register. (See SG, §7-213)

 

Maryland Register (ISSN 0360-2834). Postmaster: Send address changes and other mail to: Maryland Register, State House, Annapolis, Maryland 21401. Tel. 410-260-3876; Fax 410-280-5647. Published biweekly, with cumulative indexes published quarterly, by the State of Maryland, Division of State Documents, State House, Annapolis, Maryland 21401. The subscription rate for the Maryland Register is $225 per year (first class mail). All subscriptions post-paid to points in the U.S. periodicals postage paid at Annapolis, Maryland and additional mailing offices.

Lawrence J. Hogan, Jr., Governor; John C. Wobensmith, Secretary of State; Gail S. Klakring, Administrator; Mary D. MacDonald, Senior Editor, Maryland Register and COMAR; Elizabeth Ramsey, Editor, COMAR Online, and Subscription Manager; Tami Cathell, Help Desk, COMAR and Maryland Register Online.

Front cover: State House, Annapolis, MD, built 1772—79.

Illustrations by Carolyn Anderson, Dept. of General Services

 

     Note: All products purchased are for individual use only. Resale or other compensated transfer of the information in printed or electronic form is a prohibited commercial purpose (see State Government Article, §7-206.2, Annotated Code of Maryland). By purchasing a product, the buyer agrees that the purchase is for individual use only and will not sell or give the product to another individual or entity.

 

Closing Dates for the Maryland Register

Schedule of Closing Dates and Issue Dates for the
Maryland Register ......................................................................  611

 

COMAR Research Aids

Table of Pending Proposals ...........................................................  612

 

Index of COMAR Titles Affected in This Issue

COMAR Title Number and Name                                                  Page

01        Executive Department ........................................................  622

08        Department of Natural Resources ..............................  617, 623

09        Department of Labor, Licensing, and Regulation ...............  632

10        Maryland Department of Health .........................................  632

13A     State Board of Education ............................................  618, 635

13B     Maryland Higher Education Commission ..........................  635

14        Independent Agencies ........................................................  640

17        Department of Budget and Management ............................  641

26        Department of the Environment .........................................  618

31        Maryland Insurance Administration ...................................  621

36        Maryland State Lottery and Gaming Control
               Agency ............................................................................  642

 

PERSONS WITH DISABILITIES

Individuals with disabilities who desire assistance in using the publications and services of the Division of State Documents are encouraged to call (410) 974-2486, or (800) 633-9657, or FAX to (410) 974-2546, or through Maryland Relay.

 

The Governor

EXECUTIVE ORDER 01.01.2018.13 .  615

EXECUTIVE ORDER 01.01.2018.14 .  615

 

The Judiciary

COMMISSION ON JUDICIAL DISABILITIES

NOTICE OF PUBLIC CHARGES AND HEARING IN
   THE MATTER OF JUDGE JOSEPH L. WRIGHT
   CJD 2016-148 .  616

NOTICE OF PUBLIC CHARGES AND HEARING IN
   THE MATTER OF JUDGE DEVY PATTERSON
   RUSSELL CJD 2016-189 .  616

 

Final Action on Regulations

08  DEPARTMENT OF NATURAL RESOURCES

WILDLIFE

Upland Game Birds and Mammals ...........................................  617

Waterfowl .................................................................................  617

Waterfowl  617

FORESTS AND PARKS

Licensed Tree Experts .  617

13A STATE BOARD OF EDUCATION

LOCAL SCHOOL ADMINISTRATION

Emergency Plans .  618

SPECIAL INSTRUCTIONAL PROGRAMS

Administration of Services for Students with
   Disabilities .  618

26  DEPARTMENT OF THE ENVIRONMENT

WATER SUPPLY, SEWERAGE, SOLID WASTE, AND
   POLLUTION CONTROL PLANNING AND FUNDING

Submissions of Plans for Approval and Record of Systems of
   Water Supply, Sewerage, and Storm Water  618

Development of County Comprehensive Solid Waste
   Management Plans .  618

Bay Restoration Fund Implementation .  619

REGULATION OF WATER SUPPLY, SEWAGE DISPOSAL,
   AND SOLID WASTE

Solid Waste Management  619

WATER POLLUTION

General  619

Discharge Limitations .  619

DISPOSAL OF CONTROLLED HAZARDOUS
   SUBSTANCES

Standards Applicable to Transporters of Hazardous
   Waste . 619

Standards Applicable to Transporters of Special Medical
   Waste .  619

LEAD

Accreditation and Training for Lead Paint Abatement
   Services .  619

Procedures for Making and Implementing a Qualified
   Offer  620

Verifiable Methods Approved by the Department  620

Procedures for Performing Lead Abatement Services .  620

WATER MANAGEMENT

Construction on Nontidal Waters and Floodplains .  620

NONTIDAL WETLANDS

General  620

Permit Application and Processing .  620

Letter of Authorization .  620

Permit Application and Processing .  620

HAZARDOUS MATERIAL SECURITY

Hazardous Material Security .  620

31  MARYLAND INSURANCE ADMINISTRATION

INSURANCE PRODUCERS AND OTHER INSURANCE
   PROFESSIONALS

Surplus Lines .  621

 

Proposed Action on Regulations

01  EXECUTIVE DEPARTMENT

SECRETARY OF STATE

Notary Public Fees .  622

08  DEPARTMENT OF NATURAL RESOURCES

WILDLIFE

Open Seasons, Bag Limits for Game Birds and Game
   Animals .  623

Open Seasons, Bag Limits for Game Birds and Game
   Animals .  624

Open Seasons, Bag Limits for Game Birds and Game
   Animals .  631

09  DEPARTMENT OF LABOR, LICENSING, AND
   REGULATION

DIVISION OF LABOR AND INDUSTRY

Maryland Occupational Safety and Health Act —
   Incorporation by Reference of Federal Standards .  632

10  MARYLAND DEPARTMENT OF HEALTH

MARYLAND HEALTH CARE COMMISSION

Health Information Exchanges: Privacy and Security of
   Protected Health Information .  632

BOARD OF PHYSICAL THERAPY EXAMINERS

Dry Needling .  634

13A STATE BOARD OF EDUCATION

SUPPORTING PROGRAMS

Interscholastic Athletics in the State .  635

13B MARYLAND HIGHER EDUCATION COMMISSION

NONPUBLIC SCHOOLS

Minimum Requirements for Private Career Schools .  635

FULLY ONLINE PROGRAMS

Registration .  638

14  INDEPENDENT AGENCIES

MARYLAND ENERGY ADMINISTRATION

Maryland Energy Storage Systems Income Tax Credit
   Program ..  640

17  DEPARTMENT OF BUDGET AND MANAGEMENT

PERSONNEL SERVICES AND BENEFITS

Selection and Appointments of Eligibles and Notification to
   Secretary .  641

36  MARYLAND STATE LOTTERY AND GAMING
   CONTROL AGENCY

GAMING PROVISIONS

Collection of Taxes, Fees, and Penalties .  642

INSTANT BINGO MACHINES IN ANNE ARUNDEL AND
   CALVERT COUNTIES

General  642

 

Errata

COMAR 08.02 .  644

COMAR 11.04.05 .  644

 

Special Documents

DEPARTMENT OF THE ENVIRONMENT

SUSQUEHANNA RIVER BASIN COMMISSION

Projects Approved for Consumptive Uses of Water  645

Public Hearing .  645

 

General Notices

DEPARTMENT OF THE ENVIRONMENT/AIR AND
   RADIATION ADMINISTRATION

Public Notice of Air Quality Rules and Regulations
   Process .  648

FIRE PREVENTION COMMISSION

Public Meeting .  648

DEPARTMENT OF INFORMATION TECHNOLOGY

Public Meeting .  648

MARYLAND STATE LOTTERY AND GAMING CONTROL
   COMMISSION

Public Meeting .  648

MARYLAND HEALTH CARE COMMISSION

Public Meeting .  648

Public Meeting .  648

Formal Start of Review ..  648

Notice of Partial Closure of a Hospital Pursuant to COMAR
   10.24.01.03.B ..  649

BOARD OF OCCUPATIONAL THERAPY PRACTICE

Public Meeting .  649

RACING COMMISSION

Public Meeting .  649

MARYLAND COLLEGE COLLABORATION FOR
   STUDENT VETERANS COMMISSION

Public Meeting .  649

BOARD OF WELL DRILLERS

Public Meeting .  649

WORKERS' COMPENSATION COMMISSION

Public Meeting .  649

 

 

COMAR Online

        The Code of Maryland Regulations is available at www.dsd.state.md.us as a free service of the Office of the Secretary of State, Division of State Documents. The full text of regulations is available and searchable. Note, however, that the printed COMAR continues to be the only official and enforceable version of COMAR.

        The Maryland Register is also available at www.dsd.state.md.us.

        For additional information, visit www.dsd.state.md.us, Division of State Documents, or call us at (410) 974-2486 or 1 (800) 633-9657.

 

Availability of Monthly List of
Maryland Documents

        The Maryland Department of Legislative Services receives copies of all publications issued by State officers and agencies. The Department prepares and distributes, for a fee, a list of these publications under the title ‘‘Maryland Documents’’. This list is published monthly, and contains bibliographic information concerning regular and special reports, bulletins, serials, periodicals, catalogues, and a variety of other State publications. ‘‘Maryland Documents’’ also includes local publications.

        Anyone wishing to receive ‘‘Maryland Documents’’ should write to: Legislative Sales, Maryland Department of Legislative Services, 90 State Circle, Annapolis, MD 21401.

 

CLOSING DATES AND ISSUE DATES through JANUARY 2019

 

Issue
Date

Emergency

and Proposed

Regulations

5 p.m.*

Final

Regulations

10:30 a.m.

Notices, etc.

10:30 a.m.

2018

June 22

June 4

June 13

June 11

July 6

June 18

June 27

June 25

July 20

July 2

July 11

July 9

August 3

July 16

July 25

July 23

August 17

July 30

August 8

August 6

August 31

August 13

August 22

August 20

September 14

August 27

September 5

August 31**

September 28

September 10

September 19

September 17

October 12

September 24

October 3

October 1

October 26

October 5**

October 17

October 15

November 9

October 22

October 31

October 29

November 26***

November 5

November 14

November 9**

December 7

November 19

November 28

November 26

December 21

December 3

December 12

December 10

2019

January 4

December 17

December 26

December 24

January 18

December 31

January 9

January 7

 

*   Due date for documents containing 8 to 18 pages — 48 hours before date shown; due date for documents exceeding 18 pages — 1 week before date shown

NOTE:  ALL DOCUMENTS MUST BE SUBMITTED IN TIMES NEW ROMAN, 9-POINT, SINGLE-SPACED FORMAT. THE REVISED PAGE COUNT REFLECTS THIS FORMATTING.

**     Note closing date changes

***   Note issue date changes

The regular closing date for Proposals and Emergencies is Monday.

 

 

RegCodificationSystem
Cumulative Table of COMAR Regulations
Adopted, Amended, or Repealed

   This table, previously printed in the Maryland Register lists the regulations, by COMAR title, that have been adopted, amended, or repealed in the Maryland Register since the regulations were originally published or last supplemented in the Code of Maryland Regulations (COMAR). The table is no longer printed here but may be found on the Division of State Documents website at www.dsd.state.md.us.

Table of Pending Proposals

   The table below lists proposed changes to COMAR regulations. The proposed changes are listed by their COMAR number, followed by a citation to that issue of the Maryland Register in which the proposal appeared. Errata pertaining to proposed regulations are listed, followed by “(err)”. Regulations referencing a document incorporated by reference are followed by “(ibr)”. None of the proposals listed in this table have been adopted. A list of adopted proposals appears in the Cumulative Table of COMAR Regulations Adopted, Amended, or Repealed.

 

01 EXECUTIVE DEPARTMENT

 

01.02.08.03 • 45:12 Md. R. 622 (6-8-18)

 

04 DEPARTMENT OF GENERAL SERVICES

 

04.05.01.08 • 45:2 Md. R. 71 (1-19-18)

04.05.02.02 • 45:2 Md. R. 71 (1-19-18)

 

05 DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

 

05.05.03.01—.18 • 45:11 Md. R. 581 (5-25-18)

05.21.01.01—.14 • 45:11 Md. R. 581 (5-25-18)

 

08 DEPARTMENT OF NATURAL RESOURCES

 

08.02 • 45:3 Md. R. 176 (2-2-18) (err)

08.02.05.02 • 45:9 Md. R. 464 (4-27-18)

08.02.15.03,.09,.10 • 45:9 Md. R. 464 (4-27-18)

08.02.25.01,.03 • 45:9 Md. R. 464 (4-27-18)

08.03.03.01 • 45:12 Md. R. 623 (6-8-18)

08.03.03.03—.05,.07,.08 • 45:12 Md. R. 624 (6-8-18)

08.03.03.06 • 45:12 Md. R. 631 (6-8-18)

 

09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION

 

09.03.13.02 • 44:21 Md. R. 987 (10-13-17)

09.09.01.01—.04 • 45:11 Md. R. 585 (5-25-18)

09.10.02.43,.53,.53-1,.60,.61 • 45:10 Md. R. 505 (5-11-18)

09.12.31 • 45:9 Md. R. 467 (4-27-18)

                 45:10 Md. R. 508 (5-11-18) (err)

                 45:12 Md. R. 632 (6-8-18) (err)

09.12.81.01 • 45:10 Md. R. 508 (5-11-18) (ibr)

09.12.83.01 • 45:10 Md. R. 509 (5-11-18) (ibr)

09.13.06.12 • 45:9 Md. R. 468 (4-27-18)

09.15.01.01—.03 • 45:11 Md. R. 586 (5-25-18)

09.17.03.01—.03 • 45:11 Md. R. 587 (5-25-18)

09.20.05.01—.03 • 45:11 Md. R. 588 (5-25-18)

09.21.02.03 • 45:8 Md. R. 424 (4-13-18)

09.23.03.09 • 45:9 Md. R. 468 (4-27-18)

09.32.06.01—.04,.07—.11 • 45:8 Md. R. 424 (4-13-18)

 

10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE

 

     Subtitles 01—08 (1st volume)

 

10.01.05.01—.10 • 45:7 Md. R. 349 (3-30-18)

10.01.09.01,.06 • 45:7 Md. R. 349 (3-30-18)

 

     Subtitle 09 (2nd volume)

 

10.09.09.03 • 45:8 Md. R. 427 (4-13-18)

10.09.10.01, .03, .04, .06-.35 • 45:7 Md. R. 349 (3-30-18)

10.09.15.01,.04—.09,.11 • 45:8 Md. R. 427 (4-13-18)

10.09.16.01—.13 • 45:8 Md. R. 429 (4-13-18)

10.09.17.01—.04,.06 • 45:8 Md. R. 429 (4-13-18)

 

10.09.36.01,.03,.08,.09 • 45:1 Md. R. 21 (1-5-18)

                                       45:10 Md. R. 503 (5-11-18) (err)

10.09.69.01—.17 • 45:1 Md. R. 28 (1-5-18)

10.09.78.07,.08 • 45:8 Md. R. 430 (4-13-18)

 

     Subtitles 10 — 22 (3rd Volume)

 

10.14.02.04—.06 • 45:7 Md. R. 356 (3-30-18)

10.21.04.01—.12 • 45:7 Md. R. 357 (3-30-18)

10.21.16.01—.16 • 45:7 Md. R. 357 (3-30-18)

10.21.17.01—.17 • 45:7 Md. R. 357 (3-30-18)

10.21.18.01—.13 • 45:7 Md. R. 357 (3-30-18)

10.21.19.01—.11 • 45:7 Md. R. 357 (3-30-18)

10.21.20.01—.11 • 45:7 Md. R. 357 (3-30-18)

10.21.21.01—.13 • 45:7 Md. R. 357 (3-30-18)

10.21.22.01—.12 • 45:7 Md. R. 357 (3-30-18)

10.21.25.03-2,.05—.13 • 45:7 Md. R. 357 (3-30-18)

10.21.26.01—.12 • 45:7 Md. R. 357 (3-30-18)

10.21.27.01—.08 • 45:7 Md. R. 357 (3-30-18)

10.21.28.01—.12 • 45:7 Md. R. 357 (3-30-18)

10.21.29.01—.09 • 45:7 Md. R. 357 (3-30-18)

 

     Subtitles 23 — 36 (4th Volume)

 

10.24.17.01 • 45:11 Md. R. 589 (5-25-18) (ibr)

10.25.18.01—.04,.10—.12 • 45:12 Md. R. 632 (6-8-18)

10.27.01.01,.03,.05,.06,.09—.16 • 45:2 Md. R. 96 (1-19-18)

10.27.03.01,.07,.08 • 45:2 Md. R. 96 (1-19-18)

10.27.05.01,.02,.08—.11 • 45:2 Md. R. 96 (1-19-18)

10.27.06.01—.04 • 45:2 Md. R. 96 (1-19-18)

10.27.07.01—.06,.08,.09 • 45:2 Md. R. 96 (1-19-18)

10.27.09.01 • 45:2 Md. R. 96 (1-19-18)

10.27.10.01 • 45:2 Md. R. 96 (1-19-18)

10.27.11.02 • 45:2 Md. R. 96 (1-19-18)

10.27.12.02—.05,.07,.08 • 45:2 Md. R. 96 (1-19-18)

10.27.13.01—.03,.06,.07 • 45:2 Md. R. 96 (1-19-18)

10.27.16.02—.05,.09 • 45:2 Md. R. 96 (1-19-18)

10.27.18.01—.04 • 45:2 Md. R. 96 (1-19-18)

10.27.19.01,.03 • 45:2 Md. R. 96 (1-19-18)

10.27.20.02—.04 • 45:2 Md. R. 96 (1-19-18)

10.27.27.01—.07 • 45:2 Md. R. 96 (1-19-18)

10.34.40.01—.06 • 45:4 Md. R. 212 (2-16-18)

10.36.10.01—.04 • 45:2 Md. R. 114 (1-19-18)

 

     Subtitles 37—66 (5th Volume)

 

10.37.01.02 • 45:11 Md. R. 590 (5-25-18) (ibr)

10.38.12.03 • 45:12 Md. R. 634 (6-8-18)

10.39.01.01,.05,.07—.09 • 45:2 Md. R. 96 (1-19-18)

10.39.02.02,.05 • 45:2 Md. R. 96 (1-19-18)

10.39.04.02,.04—.06 • 45:2 Md. R. 96 (1-19-18)

10.40.01.01,.05 • 45:7 Md. R. 363 (3-30-18)

10.40.06.03 • 45:8 Md. R. 431 (4-13-18)

10.40.08.02 • 45:7 Md. R. 363 (3-30-18)

10.43.07.05 • 45:7 Md. R. 364 (3-30-18)

10.47.02.01—.11 • 45:7 Md. R. 357 (3-30-18)

10.47.03.01—.07 • 45:7 Md. R. 357 (3-30-18)

10.47.04.01—.08 • 45:7 Md. R. 357 (3-30-18)

10.47.05.01—.05 • 45:7 Md. R. 357 (3-30-18)

10.47.07.02,.03,.05,.06,.08,.09 • 45:7 Md. R. 364 (3-30-18)

10.53.01.01 • 45:2 Md. R. 96 (1-19-18)

10.53.02.05,.10 • 45:2 Md. R. 96 (1-19-18)

10.53.03.01,.02 • 45:2 Md. R. 96 (1-19-18)

10.53.07.01 • 45:2 Md. R. 96 (1-19-18)

10.53.11.01 • 45:2 Md. R. 96 (1-19-18)

10.63.08.01—.14 • 44:23 Md. R. 1108 (11-13-17)

 

11 DEPARTMENT OF TRANSPORTATION

 

     Subtitles 01—10

 

11.04.05.01,.02,.06 • 45:10 Md. R. 510 (5-11-18)

11.06.03.01,.02 • 45:9 Md. R. 469 (4-27-18)

 

     Subtitles 11—23 (MVA)

 

11.15.01.01 • 45:9 Md. R. 469 (4-27-18)

11.15.07.01—.03 • 45:9 Md. R. 470 (4-27-18)

11.15.15.01—.03 • 45:9 Md. R. 470 (4-27-18)

11.15.19.01—.03,.06,.08 • 45:9 Md. R. 470 (4-27-18)

11.15.20.02—.05 • 45:9 Md. R. 471 (4-27-18)

11.15.23.01,.02,.04 • 45:9 Md. R. 472 (4-27-18)

11.15.27.01,.02,.04,.07,.08 • 45:9 Md. R. 472 (4-27-18)

11.15.28.03,.04 • 45:9 Md. R. 473 (4-27-18)

11.15.30.01 • 45:9 Md. R. 473 (4-27-18)

11.16.04.04,.07 • 45:9 Md. R. 474 (4-27-18)

11.17.06.02,.03,.07,.08 • 45:9 Md. R. 475 (4-27-18)

11.17.09.04,.05 • 45:11 Md. R. 590 (5-25-18)

11.17.14.02—.04,.06,.08,.11,.12 • 45:9 Md. R. 475 (4-27-18)

11.17.16.01,.02,.02-1,.03,.04 • 45:9 Md. R. 476 (4-27-18)

11.17.17.01—.04 • 45:9 Md. R. 477 (4-27-18)

 

12 DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

 

12.02.27.01—.40 • 44:19 Md. R. 902 (9-15-17)

                                45:4 Md. R. 213 (2-16-18)

                                45:5 Md. R. 295 (3-2-18) (err)

12.03.01.01—.34 • 44:19 Md. R. 902 (9-15-17)

                                45:4 Md. R. 213 (2-16-18)

                                45:5 Md. R. 295 (3-2-18) (err)

12.12.30.01—.40 • 44:19 Md. R. 902 (9-15-17)

                                45:4 Md. R. 213 (2-16-18)

                                45:5 Md. R. 295 (3-2-18) (err)

12.16.02.01—.40 • 44:19 Md. R. 902 (9-15-17)

                                45:4 Md. R. 213 (2-16-18)

                                45:5 Md. R. 295 (3-2-18) (err)

 

13A STATE BOARD OF EDUCATION

 

13A.03.04.02—.04 • 45:8 Md. R. 431 (4-13-18)

13A.05.04.08 • 45:11 Md. R. 591 (5-25-18)

13A.06.03.06 • 45:12 Md. R. 635 (6-8-18)

13A.06.07.01,.06—.08,.10 • 45:7 Md. R. 369 (3-30-18)

13A.07.11.01—.05 • 45:11 Md. R. 593 (5-25-18)

13A.08.01.11 • 45:10 Md. R. 511 (5-11-18)

13A.08.04.02,.05,.06 • 45:7 Md. R. 371 (3-30-18)

13A.12.01.04 • 45:9 Md. R. 477 (4-27-18)

13A.12.01.05 • 45:9 Md. R. 478 (4-27-18)

13A.12.01.08-1 • 45:9 Md. R. 478 (4-27-18)

13A.12.03.04 • 45:9 Md. R. 479 (4-27-18)

 

13B MARYLAND HIGHER EDUCATION COMMISSION

 

13B.01.01.02,.19 • 45:12 Md. R. 635 (6-8-18)

13B.05.01.06,.07,.11,.12 • 45:12 Md. R. 638 (6-8-18)

13B.08.18.01—.14 • 45:7 Md. R. 373 (3-30-18)

13B.08.19.01—.06 • 45:10 Md. R. 512 (5-11-18)

 

14 INDEPENDENT AGENCIES

 

14.26.07.01—.09 • 45:12 Md. R. 640 (6-8-18)

 

15 DEPARTMENT OF AGRICULTURE

 

15.14.01.12-1 • 45:9 Md. R. 479 (4-27-18)

15.14.10.05 • 45:9 Md. R. 480 (4-27-18)

15.15.13.03,.05 • 45:7 Md. R. 380 (3-30-18)

 

17 DEPARTMENT OF BUDGET AND MANAGEMENT

 

17.04.03.10 • 45:12 Md. R. 641 (6-8-18)

 

21 STATE PROCUREMENT REGULATIONS

 

21.10.02.02 • 45:10 Md. R. 514 (5-11-18)

21.10.03.01—.03 • 45:10 Md. R. 514 (5-11-18)

 

26 DEPARTMENT OF THE ENVIRONMENT

 

     Subtitles 08—12 (Part 2)

 

26.04.02.01,.05 • 45:3 Md. R. 167 (2-2-18)

26.08.11.01—.14 • 44:25 Md. R. 1189 (12-8-17)

 

30 MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)

 

30.01.02.01 • 45:11 Md. R. 594 (5-25-18) (ibr)

 

31 MARYLAND INSURANCE ADMINISTRATION

 

31.03.06.02 • 45:10 Md. R. 514 (5-11-18)

31.03.18.02—.16 • 45:10 Md. R. 515 (5-11-18)

31.08.15.04,.05 • 45:10 Md. R. 518 (5-11-18)

31.09.16.01—.12 • 45:7 Md. R. 389 (3-30-18)

31.10.18.05,.11 • 45:10 Md. R. 519 (5-11-18)

31.10.20.01,.03 • 45:10 Md. R. 520 (5-11-18)

31.10.21.01,.02 • 45:10 Md. R. 520 (5-11-18)

31.14.02.03,.08,.09 • 45:11 Md. R. 595 (5-25-18)

 

35 DEPARTMENT OF VETERANS AFFAIRS

 

35.06.01.07 • 45:11 Md. R. 601 (5-25-18)

 

36 MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY

 

36.03.08.03 • 45:12 Md. R. 642 (6-8-18)

36.07.01.01,.03 • 45:12 Md. R. 642 (6-8-18)

 

The Governor

EXECUTIVE ORDER 01.01.2018.13

Renewal of Executive Order 01.01.2017.02 (Executive Order Regarding the Heroin, Opioid, and Fentanyl Overdose Crisis Declaration of Emergency)

 

WHEREAS, I, Lawrence J. Hogan, Jr., Governor of the State of Maryland, issued Executive Order 01.01.2017.02 due to the heroin, opioid, and fentanyl overdose crisis (the “Crisis”); and

 

WHEREAS, The emergency conditions relating to the Crisis continue to exist.

 

NOW THEREFORE, I, LAWRENCE J. HOGAN, JR., GOVERNOR OF THE STATE OF MARYLAND, BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE CONSTITUTION AND THE LAWS OF MARYLAND, INCLUDING BUT NOT LIMITED TO TITLE 14 OF THE PUBLIC SAFETY ARTICLE, DECLARE THAT THE STATE OF EMERGENCY CONTINUES TO EXIST PERTAINING TO THE NEED TO CONTROL AND ELIMINATE THE HEROIN, OPIOID, AND FENTANYL OVERDOSE CRISIS AND HEREBY RENEW EXECUTIVE ORDER 01.01.2017.02, EFFECTIVE FROM MAY 26, 2018, AND SHALL EXPIRE ON JUNE 25, 2018, UNLESS SOONER TERMINATED OR EXTENDED IN WRITING BY ME.

 

GIVEN Under My Hand and the Great Seal of the State of Maryland, in the City of Annapolis, this 24th Day of May, 2018.

LAWRENCE J. HOGAN, JR.
Governor

 

ATTEST:

JOHN C. WOBENSMITH
Secretary of State

[18-12-21]

 

EXECUTIVE ORDER 01.01.2018.14

Declaration of a State of Emergency

WHEREAS, The State of Maryland is subject to a variety of hazards or disasters including, but not limited to, a severe storm;

 

WHEREAS, Having been advised and informed by the Maryland Emergency Management Agency there may be a need to take protective actions to protect the lives and property of citizens expected to be impacted by this severe storm;

 

WHEREAS, Because of the potential impacts of this severe storm on the State of Maryland, to include power outages, damage to infrastructure, and severe flooding, and because we must prepare for all contingencies, an emergency exists in all jurisdictions of the State of Maryland;

 

WHEREAS, Use of resources of the Maryland National Guard may be required;

 

WHEREAS, An order to implement the emergency powers of the Governor is a prerequisite for potential federal emergency and disaster assistance; and

WHEREAS, In order to implement the emergency powers of the Governor, waive certain regulations to facilitate emergency response and restoration activities, activate certain emergency contracts, and facilitate the deployment of requisite resources within provisions of Maryland law, an executive order of the Governor is appropriate;

 

NOW, THEREFORE, I, LAWRENCE J. HOGAN, JR, GOVERNOR OF THE STATE OF MARYLAND, BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE CONSTITUTION AND THE LAWS OF MARYLAND, HEREBY PROCLAIM THE FOLLOWING EXECUTIVE ORDER, EFFECTIVE IMMEDIATELY:

A. A State of Emergency exists in all Maryland Counties and Baltimore City.

B. I call the Maryland National Guard into state service.

C. I authorize the Maryland Emergency Management Agency and all other appropriate State authorities to engage, deploy, use, and coordinate available resources in support of local jurisdictions and the citizens of Maryland, and activate their emergency preparedness plans.

D. I authorize all Executive Branch Departments and Agencies to take administrative or other actions including, but not limited to, the powers enumerated in §14-107 of the Public Safety Article, including the clearance and removal of debris and wreckage as necessary, in order to protect the public health, welfare, or safety, and to facilitate the safe, rapid, and orderly delivery of resources and critical public safety services by said agencies, local jurisdictions, and private sector providers during the effective period of this order.

 

GIVEN Under My Hand and the Great Seal of the State of Maryland, in the City of Annapolis, effective this 27th Day of May, 2018.

LAWRENCE J. HOGAN, JR.
Governor

 

ATTEST:

JOHN C. WOBENSMITH
Secretary of State

[18-12-22]

 

 

The Judiciary

COMMISSION ON JUDICIAL DISABILITIES

NOTICE OF PUBLIC CHARGES AND HEARING IN THE MATTER OF JUDGE JOSEPH L. WRIGHT
CJD 2016-148

The Commission on Judicial Disabilities will hold a hearing to consider Charges brought against Judge Joseph L. Wright in the above-captioned case on August 20 and 21, 2018, beginning at 10:00 a.m.  The hearing will take place in Courtroom No. 1 of the Court of Special Appeals of Maryland, Robert C. Murphy Courts of Appeal Building, 361 Rowe Boulevard, Second Floor, Annapolis, Maryland. The hearing is open to the public.

Counsel of Record for Judge Joseph L. Wright is William C. Brennan, Jr. of Brennan, McKenna & Lawlor, Chartered.

The Charges and any response by the Judge are available for inspection on the Commission’s website, (www.mdcourts.gov/cjd/publicactions.html).

For further information, contact the Office of Communications and Public Affairs, 410-260-1488.

[18-12-14]

 

NOTICE OF PUBLIC CHARGES AND HEARING IN THE MATTER OF JUDGE DEVY PATTERSON RUSSELL
CJD 2016-189

The Commission on Judicial Disabilities will hold a hearing to consider Charges brought against Judge Devy Patterson Russell in the above-captioned case on October 15 to 19, 2018; November 5, 7 to 9, 2018; and December 10 to 14, and 17, 2018, beginning at 10:00 a.m. The hearing will take place in the Historic Courtroom on the Third Floor of the Circuit Court for Anne Arundel County, 8 Church Circle, Annapolis, Maryland.  The hearing is open to the public.

Counsel of Record for Judge Devy Patterson Russell is William C. Brennan, Jr. of Brennan, McKenna & Lawlor, Chartered.

The Charges and any response by the Judge are available for inspection on the Commission’s website, (www.mdcourts.gov/cjd/publicactions.html).

For further information, contact the Office of Communications and Public Affairs, 410-260-1488.

[18-12-15]

 

 

Final Action on Regulations

 

Symbol Key

   Roman type indicates text already existing at the time of the proposed action.

   Italic type indicates new text added at the time of proposed action.

   Single underline, italic indicates new text added at the time of final action.

   Single underline, roman indicates existing text added at the time of final action.

   [[Double brackets]] indicate text deleted at the time of final action.

 

 

Title 08
DEPARTMENT OF NATURAL RESOURCES

Subtitle 03 WILDLIFE

08.03.05 Upland Game Birds and Mammals

Authority: Natural Resources Article, §§10-205 and 10-408, Annotated Code of Maryland

Notice of Final Action

[17-185-F]

On May 11, 2018, the Secretary of Natural Resources adopted amendments to Regulation .05 under COMAR 08.03.05 Upland Game Birds and Mammals. This action, which was proposed for adoption in 45:5 Md. R. 290—291 (March 2, 2018), has been adopted as proposed.

Effective Date: June 18, 2018.

MARK J. BELTON
Secretary of Natural Resources

 

Subtitle 03 WILDLIFE

08.03.07 Waterfowl

Authority: Natural Resources Article, §§10-205, 10-408, and 10-601.1, Annotated Code of Maryland

Notice of Final Action

[17-188-F]

On May 11, 2018, the Secretary of Natural Resources adopted amendments to Regulations .06 and .07 under COMAR 08.03.07 Waterfowl. This action, which was proposed for adoption in 45:5 Md. R. 291 (March 2, 2018), has been adopted as proposed.

Effective Date: June 18, 2018.

MARK J. BELTON
Secretary of Natural Resources

 

Subtitle 03 WILDLIFE

08.03.07 Waterfowl

Authority: Natural Resources Article, §10-205, Annotated Code of Maryland

Notice of Final Action

[17-187-F]

On May 11, 2018, the Secretary of Natural Resources adopted new Regulations .12 and .13 under COMAR 08.03.07 Waterfowl. This action, which was proposed for adoption in 45:5 Md. R. 291—292 (March 2, 2018), has been adopted as proposed.

Effective Date: June 18, 2018.

MARK J. BELTON
Secretary of Natural Resources

 

Subtitle 07 FORESTS AND PARKS

08.07.07 Licensed Tree Experts

Authority: Natural Resources Article, §§1-104 and 5-415—5-423; State Government Article, §10-206; Annotated Code of Maryland

Notice of Final Action

[18-090-F-I]

On May 29, 2018, the Department of Natural Resources adopted amendments to Regulation .02 under COMAR 08.07.07 Licensed Tree Experts. This action, which was proposed for adoption in 45:8 Md. R. 423—424 (April 13, 2018), has been adopted as proposed.

Effective Date: June 18, 2018.

MARK J. BELTON
Secretary of Natural Resources

 

Title 13A
STATE BOARD OF EDUCATION

Subtitle 02 LOCAL SCHOOL ADMINISTRATION

13A.02.02 Emergency Plans

Authority: Education Article, §§2-205, 7-435, and 8-702, Annotated Code of Maryland; Federal Statutory Reference: 20 U.S.C. 7114 and 20 U.S.C. 7118

Notice of Final Action

[18-050-F-I]

On May 22, 2018, the Maryland State Board of Education adopted amendments to Regulations .03 and .04 under COMAR 13A.02.02 Emergency Plans. This action, which was proposed for adoption in 45:7 Md. R. 367 (March 20, 2018), has been adopted as proposed.

Effective Date: June 18, 2018.

KAREN B. SALMON, Ph.D.
State Superintendent of Schools

 

Subtitle 05 SPECIAL INSTRUCTIONAL PROGRAMS

13A.05.02 Administration of Services for Students with Disabilities

Authority: Education Article, §§2-205, 8-301—8-319, 8-3A-01—8-3A-11, and 8-401—8-419; Human Services Article, §§8-401—8-409; Labor and Employment Article, §§11-801 and 11-901 et seq.; Annotated Code of Maryland
Federal Statutory Reference: 20 U.S.C. §§1408, 1412, 1413, and 1437; Federal Regulatory References: 34 CFR 300 and 303

Notice of Final Action

[18-052-F]

On May 22, 2018, the Maryland State Board of Education adopted amendments to Regulation .04 under COMAR 13A.05.02 Administration of Services for Students with Disabilities. This action, which was proposed for adoption in 45:7 Md. R. 367—368 (March 30, 2018), has been adopted as proposed.

Effective Date: June 18, 2018.

KAREN B. SALMON, Ph.D.
State Superintendent of Schools

 

Title 26
DEPARTMENT OF THE ENVIRONMENT

Subtitle 03 WATER SUPPLY, SEWERAGE, SOLID WASTE, AND POLLUTION CONTROL PLANNING AND FUNDING

26.03.02 Submissions of Plans for Approval and Record of Systems of Water Supply, Sewerage, and Storm Water

Authority: Environment Article, §§9-506 and 9-510, Annotated Code of Maryland

Notice of Final Action

[18-083-F]

On May 29, 2018, the Secretary of the Environment adopted amendments to Regulation .02 under COMAR 26.03.02 Submissions of Plans for Approval and Record of Systems of Water Supply, Sewerage, and Storm Water. This action, which was proposed for adoption in 45:8 Md. R. 433 (April 13, 2018), has been adopted as proposed.

Effective Date: June 18, 2018.

BENJAMIN H. GRUMBLES
Secretary of the Environment

 

Subtitle 03 WATER SUPPLY, SEWERAGE, SOLID WASTE, AND POLLUTION CONTROL PLANNING AND FUNDING

26.03.03 Development of County Comprehensive Solid Waste Management Plans

Authority: Environment Article, Title 9, Subtitle 5, Annotated Code of Maryland

Notice of Final Action

[18-069-F]

On May 24, 2018, the Secretary of the Environment adopted amendments to Regulation .05 under COMAR 26.03.03 Development of County Comprehensive Solid Waste Management Plans. This action, which was proposed for adoption in 45:7 Md. R. 381—382 (March 30, 2018), has been adopted as proposed.

Effective Date: June 18, 2018.

BENJAMIN H. GRUMBLES
Secretary of the Environment

 

Subtitle 03 WATER SUPPLY, SEWERAGE, SOLID WASTE, AND POLLUTION CONTROL PLANNING AND FUNDING

26.03.13 Bay Restoration Fund Implementation

Authority: Environment Article, §9-1605.2, Annotated Code of Maryland

Notice of Final Action

[18-082-F]

On May 29, 2018, the Secretary of the Environment adopted amendments to Regulations .02 and .03 under COMAR 26.03.13 Bay Restoration Fund Implementation. This action, which was proposed for adoption in 45:8 Md. R. 434 (April 13, 2018), has been adopted as proposed.

Effective Date: June 18, 2018.

BENJAMIN H. GRUMBLES
Secretary of the Environment

 

Subtitle 04 REGULATION OF WATER SUPPLY, SEWAGE DISPOSAL, AND SOLID WASTE

26.04.07 Solid Waste Management

Authority: Environment Article, §§9-204, 9-252, and 9-314, Annotated Code of Maryland

Notice of Final Action

[18-068-F]

On May 24, 2018, the Secretary of the Environment adopted amendments to Regulation .02 under COMAR 26.04.07 Solid Waste Management. This action, which was proposed for adoption in 45:7 Md. R. 382 (March 30, 2018), has been adopted as proposed.

Effective Date: June 18, 2018.

BENJAMIN H. GRUMBLES
Secretary of the Environment

 

Subtitle 08 WATER POLLUTION

Notice of Final Action

[18-062-F]

On May 24, 2018, the Secretary of the Environment adopted amendments to:

(1) Regulation .01 under COMAR 26.08.01 General; and

(2) Regulation .09 under COMAR 26.08.03 Discharge Limitations.

This action, which was proposed for adoption in 45:7 Md. R. 382—384 (March 30, 2018), has been adopted as proposed.

Effective Date: June 18, 2018.

BENJAMIN H. GRUMBLES
Secretary of the Environment

 

Subtitle 13 DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES

26.13.04 Standards Applicable to Transporters of Hazardous Waste

Authority: Environment Article, Title 7, Subtitle 2, Annotated Code of Maryland

Notice of Final Action

[18-067-F]

On May 24, 2018, the Secretary of the Environment adopted amendments to Regulation .01 under COMAR 26.13.04 Standards Applicable to Transporters of Hazardous Waste. This action, which was proposed for adoption in 45:7 Md. R. 384—385 (March 30, 2018), has been adopted as proposed.

Effective Date: June 18, 2018.

BENJAMIN H. GRUMBLES
Secretary of the Environment

 

Subtitle 13 DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES

26.13.13 Standards Applicable to Transporters of Special Medical Waste

Authority: Environment Article, §§7-201 et seq., 9-252, and 9-314, Annotated Code of Maryland

Notice of Final Action

[18-066-F]

On May 24, 2018, the Secretary of the Environment adopted amendments to Regulation .01 under COMAR 26.13.13 Standards Applicable to Transporters of Special Medical Waste. This action, which was proposed for adoption in 45:7 Md. R. 385 (March 30, 2018), has been adopted as proposed.

Effective Date: June 18, 2018.

BENJAMIN H. GRUMBLES
Secretary of the Environment

 

Subtitle 16 LEAD

26.16.01 Accreditation and Training for Lead Paint Abatement Services

Authority: Environment Article, §§1-404, 6-818, 6-851, 6-852, 6-1001—
6-1005, and 7-206—7-208, Annotated Code of Maryland

Notice of Final Action

[18-070-F]

On May 24, 2018, the Secretary of the Environment adopted amendments to Regulations .08 and .20 under COMAR 26.16.01 Accreditation and Training for Lead Paint Abatement Services. This action, which was proposed for adoption in 45:7 Md. R. 385—386 (March 30, 2018), has been adopted as proposed.

Effective Date: June 18, 2018.

BENJAMIN H. GRUMBLES
Secretary of the Environment

Subtitle 16 LEAD

Notice of Final Action

[18-064-F]

On May 24, 2018, the Secretary of the Environment adopted:

(1) The repeal of Regulations .01—.09 under COMAR 26.16.03 Procedures for Making and Implementing a Qualified Offer; and

(2) Amendments to Regulations .01 and .02 under COMAR 26.16.04 Verifiable Methods Approved by the Department.

This action, which was proposed for adoption in 45:7 Md. R. 386 (March 30, 2018), has been adopted as proposed.

Effective Date: June 18, 2018.

BENJAMIN H. GRUMBLES
Secretary of the Environment

 

Subtitle 16 LEAD

26.16.05 Procedures for Performing Lead Abatement Services

Authority: Environment Article, §§1-404, 6-801—6-852, 6-1001—6-1005, and 7-206—7-208, Annotated Code of Maryland

Notice of Final Action

[18-065-F-I]

On May 24, 2018, the Secretary of the Environment adopted amendments to Regulations .03 and .09 under COMAR 26.16.05 Procedures for Performing Lead Abatement Services. This action, which was proposed for adoption in 45:7 Md. R. 386—387 (March 30, 2018), has been adopted as proposed.

Effective Date: June 18, 2018.

BENJAMIN H. GRUMBLES
Secretary of the Environment

 

Subtitle 17 WATER MANAGEMENT

26.17.04 Construction on Nontidal Waters and Floodplains

Authority: Environment Article, §§1-404 and 5-501—514, Annotated Code of Maryland

Notice of Final Action

[18-086-F]

On May 29, 2018, the Secretary of the Environment adopted amendments to Regulation .10 under COMAR 26.17.04 Construction on Nontidal Waters and Floodplains. This action, which was proposed for adoption in 45:8 Md. R. 434—435 (April 13, 2018), has been adopted as proposed.

Effective Date: June 18, 2018.

BENJAMIN H. GRUMBLES
Secretary of the Environment

 

Subtitle 23 NONTIDAL WETLANDS

Notice of Final Action

[18-085-F]

On May 29, 2018, the Secretary of the Environment adopted amendments to:

(1) Regulations .02, .03, and .05 under COMAR 26.23.01 General;

(2) Regulations .01, .02, and .09 under COMAR 26.23.02 Permit Application and Processing; and

(3) Regulations .01 and .02 under COMAR 26.23.03 Letter of Authorization.

This action, which was proposed for adoption in 45:8 Md. R. 435—437 (April 13, 2018), has been adopted as proposed.

Effective Date: June 18, 2018.

BENJAMIN H. GRUMBLES
Secretary of the Environment

 

Subtitle 23 NONTIDAL WETLANDS

26.23.02 Permit Application and Processing

Authority: Environment Article, §§5-901—5-911, Annotated Code of Maryland

Notice of Final Action

[18-084-F]

On May 29, 2018, the Secretary of the Environment adopted amendments to Regulation .08 under COMAR 26.23.02 Permit Application and Processing. This action, which was proposed for adoption in 45:8 Md. R. 437—438 (April 13, 2018), has been adopted as proposed.

Effective Date: June 18, 2018.

BENJAMIN H. GRUMBLES
Secretary of the Environment

 

Subtitle 27 HAZARDOUS MATERIAL SECURITY

26.27.01 Hazardous Material Security

Authority: Environment Article, §§7-701—7-709, Annotated Code of Maryland

Notice of Final Action

[18-063-F]

On May 24, 2018, the Secretary of the Environment adopted the repeal of Regulations .01—.12 under COMAR 26.27.01 Hazardous Material Security. This action, which was proposed for adoption in 45:7 Md. R. 388 (March 30, 2018), has been adopted as proposed.

Effective Date: June 18, 2018.

BENJAMIN H. GRUMBLES
Secretary of the Environment

 

Title 31
MARYLAND INSURANCE ADMINISTRATION

Subtitle 03 INSURANCE PRODUCERS AND OTHER INSURANCE PROFESSIONALS

31.03.06 Surplus Lines

Authority: Insurance Article, §§2-109, 3-304, 3-306, 3-307, 3-308,  3-311—
3-313, 3-325(c), 9-301(f), 9-303(5), [9-401(i)(l)] 9-401(j)(1), [and] 9-405(b), and 27-216, Annotated Code of Maryland

Notice of Final Action

[18-053-F]

On May 17, 2018, the Insurance Commissioner adopted amendments to Regulation .09 under COMAR 31.03.06 Surplus Lines. This action, which was proposed for adoption in 45:7 Md. R. 388—389 (March 30, 2018), has been adopted as proposed.

Effective Date: June 18, 2018.

ALFRED W. REDMER, JR.
 Maryland Insurance Commissioner

 

 

Proposed Action on Regulations

 


Title 01
EXECUTIVE DEPARTMENT

Subtitle 02 SECRETARY OF STATE

01.02.08 Notary Public Fees

Authority: State Government Article, Sec. 18-112, Annotated Code of Maryland

Notice of Proposed Action

[18-152-P]

The Secretary of State proposes to amend Regulation .03 under COMAR 01.02.08 Notary Public Fees.

Statement of Purpose

The purpose of this action is to allow Notaries Public to charge a reasonable fee for travel to perform notarizations.  The proposed action will allow Notaries Public to charge a fee for mileage that is indexed to the Internal Revenue Service Standard Mileage Rate for Business Travel.

Comparison to Federal Standards

There is a corresponding federal standard to this proposed action, but the proposed action is not more restrictive or stringent.

The current federal standard for mileage reimbursement can be found in IRS Notice 2018-03 (2018 Standard Mileage Rates).  Proposed action is not more restrictive or stringent than the federal standard.  Proposed action makes the Notary Public mileage rate equal to the federal standard.

Estimate of Economic Impact

I. Summary of Economic Impact. There will be a reduction in the travel burden incurred by Notaries Public.

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

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:

(+)

$0.235 per mile traveled

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. Notaries Public impacted: A Notary Public is currently allowed to charge a reimbursement rate of no more than $0.31 per mile traveled.  This was the standard mileage rate in 1999. Currently, the Internal Revenue Service Standard Mileage Rate for Business Travel is $0.545 per mile traveled.  At this moment, this regulation change will allow a Notary Public to recover $0.235 per mile more than what is currently allowed.  Moving forward, this regulation change will continue to allow a Notary Public to recover a fair cost for travel; that is indexed to the Internal Revenue Service rate.

Economic Impact on Small Businesses

The proposed action has a meaningful economic impact on small business. An analysis of this economic impact follows.

The proposed action has a positive impact on small business. There are approximately 80,000 Notaries Public in the State of Maryland. This allows Notaries Public that travel to perform notarizations to charge a fair rate for mileage when traveling.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

 

Opportunity for Public Comment

Comments may be sent to Michael Schlein, Division Administrator, Charities and Legal Services Division, Office of the Secretary of State, 16 Francis Street, Annapolis, MD 21401, or call 410-260-3863, or email to michael.schlein@maryland.gov, or fax to 410-974-5527. Comments will be accepted through July 9, 2018. A public hearing has not been scheduled.

.03 Fees.

A.—C. (text unchanged)

D.  A notary public may demand and receive reimbursement at the [rate of 31 cents per mile] prevailing rate for mileage established by the Internal Revenue Service for business travel and a fee not to exceed $5 for travel if required for the performance of a notarial act.

E. (text unchanged)

JOHN C. WOBENSMITH
Secretary of State

 

Title 08
DEPARTMENT OF NATURAL RESOURCES

Subtitle 03 WILDLIFE

08.03.03 Open Seasons, Bag Limits for Game Birds and Game Animals

Authority: Natural Resources Article, §§10-405 and 10-410, Annotated Code of Maryland

Notice of Proposed Action

[18-142-P]

     The Secretary of Natural Resources proposes to amend Regulation .01 under COMAR 08.03.03 Open Seasons, Bag Limits for Game Birds and Game Animals.

Statement of Purpose

The purpose of this action is to provide additional archery hunting opportunities on certain Sundays in Allegany, Carroll, Frederick, Kent, Montgomery, Garrett, and Washington counties. Additional Sundays will be added in September and January and the last Sunday in December for Allegany, Garrett, Kent, Montgomery, and Washington counties. For the new Sundays in Montgomery County, archery hunting will end by 10:30 am. Additional Sundays in Carroll and Frederick counties will be added for the last Sunday in December and first two Sundays in January. To be consistent with current muzzleloader seasons, January is being removed from the muzzleloader season language since there has not been nor is there a plan for Sunday muzzleloader hunting in January. A new public land will be designated open to Sunday hunting opportunities in Allegany County.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

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 Karina Stonesifer, Associate Director, Wildlife and Heritage Service, Department of Natural Resources, 12512 Pleasant Valley Road, Flintstone, MD 21530, or call 301-777-2136, or email to karina.stonesifer@maryland.gov, or fax to 301-777-2029. Comments will be accepted through July 9, 2018. A public hearing has not been scheduled.

.01 Bag Limits and Possession Limits.

A. — C. (text unchanged).

D. Hunting on Sunday.

(1) (text unchanged)

(2) An individual may hunt on Sunday, if the individual is:

(a) — (d) (text unchanged)

(e) Hunting white-tailed or sika deer on private property as described in Regulations .07 and .08 of this chapter:

(i) — (iii) (text unchanged)

(iv) On all Sundays during the deer bow season in October and November [during the deer bow season], the last Sunday in December during the deer bow season, the first two Sundays in January during the deer bow season, all Sundays in December [and January] during the deer muzzleloader season, and all Sundays in the deer firearms season in Carroll County; and

(v) (text unchanged)

(f) (text unchanged)

(g) Hunting deer on private property or a designated Wildlife Management Area [or], State Forest, or Fishery Management Area listed in §G of this regulation on all Sundays in September, October [and], November, and January during the deer bow season, the last Sunday in December during the deer bow season, all Sundays in December [and January] during the deer muzzleloader season, and all Sundays in the deer firearms season in Allegany, [Frederick,] Garrett, and Washington counties;

(h) Hunting deer on private property or a designated Wildlife Management Area, State Forest, or Fishery Management Area listed in §G of this regulation on all Sundays during the deer bow season in October and November, the last Sunday in December during the deer bow season, the first two Sundays in January during the deer bow season, all Sundays in December during the deer muzzleloader season, and all Sundays in the deer firearms season in Frederick County;

[(h)] (i) Hunting deer on private property in Kent County:

(i) From 30 minutes before sunrise to 30 minutes after sunset on all Sundays in September, October [and], November, and January during the deer bow season, all Sundays in December [and January] during the deer muzzleloader season, and the first Sunday in the deer firearms season; and

(ii) (text unchanged)

[(i)] (j) Hunting deer on private property in Montgomery County:

(i) (text unchanged)

(ii) Except as provided in [§D(2)(i)(i)] §D(2)(j)(i) of this regulation, from 30 minutes before sunrise to 10:30 A.M. on all Sundays in September, October [and], November, and January during the deer bow season, all Sundays in December [and January] during the deer muzzleloader season, and the second and any subsequent Sunday during the deer firearms season;

[(j)] (k)[(l)] (m) (text unchanged)

E. — F. (text unchanged)

G. The Wildlife Management Areas [and], State Forests, and Fishery Management Areas designated for Sunday hunting in accordance with §D of this regulation are as follows:

(1) — (7) (text unchanged)

(8) McCoole Fishery Management Area;

[(8)] (9)[(12)] (13) (text unchanged)

MARK J. BELTON
Secretary of Natural Resources

 

Subtitle 03 WILDLIFE

08.03.03 Open Seasons, Bag Limits for Game Birds and Game Animals

Authority: Natural Resources Article, §§10-205, 10-405, 10-410, and 10-415, Annotated Code of Maryland

Notice of Proposed Action

[18-141-P]

     The Secretary of Natural Resources proposes to repeal existing Regulations .03—.05, .07, and .08 and adopt new Regulations .03—.05, .07, and .08 under COMAR 08.03.03 Open Seasons, Bag Limits for Game Birds and Game Animals.

Statement of Purpose

The purpose of this action is to establish the season dates and bag limits for the 2018—2019 and 2019—2020 hunting seasons for forest game, upland game, fur-bearing mammals, white-tailed deer, and sika deer. Season dates and bag limits for most species are similar to previous hunting seasons with some exceptions. The black bear hunting season will be increased in length by one day by adding one additional day to the end of the season. The previous black bear hunting season was 4 days long, Monday through Friday, and this change would set the hunting season at 5 days. The daily bag limit for pheasant will go from one bird to two birds, either sex, and the season will be extended to coincide with the end of small game season. The fall turkey season will be extended by one day. The season will begin on the last Saturday in October and last 9 days, ending on the first Sunday of November. The Statewide deer bag limit will now be two antlered deer. Hunters will be eligible to take a third antlered deer in Region B only with the purchase of a Bonus Antlered Deer Stamp. No more than one antlered deer can be taken in a weapon season unless the Bonus Antlered Deer Stamp is used. The antler point requirement will change to allow a hunter to harvest only one antlered white-tailed deer that does not meet the minimum point restriction. Antlerless hunting opportunity on Public Land in Region A will be increased by allowing either sex deer to be harvest during the early muzzleloader season. The Region B archery bag limit will go from unlimited to 15.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. These regulations will allow for the continuation of hunting for the next two seasons, which will result in the continued expenditures by hunters for equipment and travel expenses. It is estimated that hunters spend over $250 million annually in Maryland.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

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:

(+)

Continued expenditure of $264 million annually

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. Hunters will continue to spend at similar levels to what was spent in 2011. A national survey of hunters in Maryland estimated that hunting-related expenditures in 2011 were $264 million.

Economic Impact on Small Businesses

The proposed action has a meaningful economic impact on small business. An analysis of this economic impact follows. These regulations will allow for the continuation of hunting for the next two seasons, which will result in the continued expenditures by hunters for equipment and travel expenses. It is estimated that hunters spend over $250 million annually in Maryland.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Karina Stonesifer, Associate Director, Wildlife and Heritage Service, Department of Natural Resources , 12512 Pleasant Valley Road, Flintstone, MD 21530, or call 301-777-2136, or email to karina.stonesifer@maryland.gov, or fax to 301-777-2029. Comments will be accepted through July 9, 2018. A public hearing has not been scheduled.

 

.03 Forest Game.

Species

Open Season, Subject to COMAR 08.03.03.01D

Location

Bag Limits

Possession
Limit

A. Black Bear (Permit Required).

October 22, 2018 — October 26, 2018
October 21, 2019 — October 25, 2019

In Allegany, Frederick, Garrett, and Washington counties

1 per day with no more than 1 per permitted bear hunting team

1 per season with no more than 1 per permitted bear hunting team

B. Ruffed Grouse.

   (1) In General.

October 6, 2018 — January 31, 2019
October 5, 2019 — January 31, 2020

In all counties

2 per day

4

   (2) Hunting with the Aid of Raptors and a Falconry Permit.

October 1, 2018 — March 31, 2019
October 1, 2019 —March 31, 2020

In all counties

2 per day

4

C. Squirrels.

   (1) Gray, Black, and Eastern Fox Squirrel —Total.

     (a) In General.

September 1, 2018 — February 28, 2019
September 7, 2019 —February 29, 2020

In all counties

6 per day

12

     (b) Hunting with the Aid of Raptors and a Falconry Permit.

September 1, 2018 — March 31, 2019
September 1, 2019 — March 31, 2020

In all counties

6 per day

12

   (2) Red or Piney Squirrel.

     (a) In General.

September 1, 2018 — February 28, 2019
September 7, 2019 — February 29, 2020

In all counties

No limit

No limit

     (b) Hunting with the Aid of Raptors and a Falconry Permit.

September 1, 2018 — March 31, 2019
September 1, 2019 — March 31, 2020

In all counties

No limit

No limit

   (3) Delmarva Fox Squirrel.

Closed season

In all counties

 

 

D. Wild Turkey

    (1) Fall Season — Either Sex.

October 27, 2018 — November 4, 2018
October 26, 2019 —November 3, 2019

Allegany, Garrett, and Washington counties only

1 turkey per season

1 turkey per fall/winter season combined

 

   (2) Winter Season — Either Sex.

January 17, 2019 — January 19, 2019
January 23, 2020 — January 25, 2020

In all counties

1 turkey per season provided none was taken in the fall season

   (3) Spring Season.

April 18, 2019 — May 23, 2019
April 18, 2020 — May 23, 2020

In all counties,  subject to COMAR 08.03.03.01D

1 bearded turkey per day

2 bearded turkeys per spring season

   (4) Spring Season — Junior Hunt.

April 13, 2019 — April 14, 2019
April 11, 2020 — April 12, 2020

In all counties,  subject to COMAR 08.03.03.01D

1 bearded turkey per day

.04 Upland Game.

Species

Open Season, subject to COMAR 08.03.03.01D

Location

Bag Limits

Possession Limit

A. Crow.

August 15 — March 15, hunting allowed Wednesday, Thursday, Friday, and Saturday only

In all counties

No limit

No limit

B. Pheasant.

   (1) In General.

November 3, 2018 — February 28, 2019
November 2, 2019 — February 29, 2020

In all counties

2 per day

(either sex)

4

   (2) Hunting with the Aid of Raptors and a Falconry Permit.

November 1, 2018 — March 31, 2019
November 1, 2019 — March 31, 2020

In all counties

2 per day (either sex)

4

C. Quail.

   (1) Western Zone — Private Land.

November 3, 2018 — January 15, 2019
November 2, 2019 — January 15, 2020

In that portion of the State west of I-83 from the Pennsylvania line south to I-695 to I-95 south to the Virginia line, excluding Allegany and Garrett counties

6 per day, no more than 3 per day on lands owned or managed by DNR

 

 

12 in all counties and zones combined

 

 

   (2) Eastern Zone — Private Land.

November 3, 2018 — February 15, 2019
November 2, 2019 — February 15, 2020

In that portion of the State east of I-83 from the Pennsylvania line south to I-695 to I-95 south to the Virginia line

   (3) Lands Owned or Managed by DNR.

November 3, 2018 — December 15, 2018
November 2, 2019 — December 14, 2019

In all counties, excluding Allegany and Garrett counties

   (4) Allegany and Garrett Counties.

Closed season

In Allegany and Garrett counties

0

0

   (5) Hunting with the Aid of Raptors and a Falconry Permit.

November 1, 2018 — March 31, 2019
November 1, 2019 — March 31, 2020

In all counties

4 per day

8

D. Rabbits.

   (1) Eastern Cottontail Rabbit.

 

 

 

 

      (a) In General.

November 3, 2018 — February 28, 2019
November 2, 2019 — February 29, 2020

In all counties

4 per day

8

      (b) Hunting with the Aid of Raptors and a Falconry Permit.

November 1, 2018 — March 31, 2019
November 1, 2019 — March 31, 2020

In all counties

4 per day

8

   (2) Snowshoe Hare.

Closed season

In all counties

0

0

E. Woodchuck.

August 1 – July 31

In all counties

No limit

No limit

.05 Fur-Bearing Mammals.

Species

Open Season, subject to COMAR 08.03.03.01D

Location

Bag Limits

Possession Limit

A. Beaver.

 

 

 

 

   (1) In General.

December 15, 2018 — March 15, 2019
December 14, 2019 — March 14, 2020

In all counties, except Garrett and Allegany counties

No limit

No limit

   (2) Allegany and Garrett Counties.

December 1, 2018 — March 15, 2019
November 30, 2019 — March 14, 2020

In Allegany and Garrett counties

No limit

No limit

B. Bobcat.

Closed season

In all counties

0

0

C. Coyote.

   (1) Firearms, Archery, and Airgun Hunting.

August 1 — July 31 (May be hunted from ½ hour before sunrise to ½ hour after sunset)

In all counties

No limit

No limit

October 15, 2018 — March 15, 2019
October 15, 2019 — March 14, 2020 (May be hunted day and night)

In all counties

No limit

No limit

   (2) Trapping.

November 1, 2018 — February 1, 2019
November 1, 2019 — February 1, 2020

In that portion of the State west of the Chesapeake Bay and Susquehanna River

No limit

No limit

November 15, 2018 — February 15, 2019
November 15, 2019 — February 15, 2020

In that portion of the State east of the Chesapeake Bay and Susquehanna River

No limit

No limit

D. Fisher.

November 1, 2018 — February 1, 2019
November 1, 2019 — February 1, 2020

In all counties

2 per day

2 per season

 

E. Fox (Red and Gray) — Firearms, Archery, and Airgun Hunting, and Trapping.

November 1, 2018 — February 1, 2019
November 1, 2019 — February 1, 2020

In Allegany, Anne Arundel, Baltimore, Calvert, Carroll, Frederick, Garrett, Harford, Howard, Montgomery, Prince George's, St. Mary's, and Washington counties

No limit

No limit

November 15, 2018 — February 15, 2019
November 15, 2019 — February 15, 2020

In Caroline, Cecil, Kent, Queen Anne's, Somerset, Talbot, Wicomico, and Worcester counties

No limit

No limit

August 1 — July 31

In Charles and Dorchester counties

No limit

No limit

F. Muskrat and Mink — Trapping Only.

November 15, 2018 — February 15, 2019
November 15, 2019 — February 15, 2020

In Allegany, Carroll, Frederick, Garrett, Howard, and Washington counties

No limit

No limit

December 15, 2018 — March 15, 2019
December 16, 2019 — March 14, 20208

In Baltimore, Cecil, Harford, Kent, Queen Anne's, Somerset, and Worcester counties

No limit

No limit

January 2, 2019 — March 15, 2019
January 1, 2020 — March 14, 2020

In Anne Arundel, Calvert, Caroline, Charles, Dorchester, Montgomery, Prince George's, St. Mary's, Talbot, and Wicomico counties

No limit

No limit

G. Nutria.

August 1 — July 31

In all counties

No limit

No limit

H. Otter — Trapping only.

 

 

 

 

   (1) In General.

December 15, 2018 — March 15, 2019
December 14, 2019 — March 14, 2020

In Carroll, Frederick, Howard, Montgomery, and Washington counties

2 per day

2 per season

In all other counties, except Allegany and Garrett counties

10 per day

10 per season

   (2) Allegany and Garrett Counties.

December 1, 2018 — March 15, 2019
November 30, 2019 — March 14, 2020

In Allegany and Garrett counties

1 per day

1 per season

I. Raccoon and Opossum.

   (1) Chasing — No Kill.

August 1, 2018 — October 13, 2018
March 16, 2019 — July 31, 2019
August 1, 2019 — October 14, 2019
March 16, 2020 — July 31, 2020

In all counties

 

 

   (2) Firearms, Archery, Airgun, and Dog Hunting.

October 15, 2018 — March 15, 2019
October 15, 2019 — March 14, 2020 (May be hunted from sunset to sunrise only)

In all counties

No limit

No limit

   (3) Trapping.

November 1, 2018 — March 15, 2019
November 1, 2019 — March 14, 2020

In that portion of the State west of the Chesapeake Bay and Susquehanna River

No limit

No limit

November 15, 2018 — March 15, 2019
November 15, 2019 — March 14, 2020

In that portion of the State east of the Chesapeake Bay and Susquehanna River

No limit

No limit

J. Skunk.

   (1) Firearms, Archery, and Airgun Hunting.

November 1, 2018 — March 15, 2019
November 1, 2019 — March 14, 2020

In all counties

No limit

No limit

   (2) Trapping.

November 1, 2018 — March 15, 2019
November 1, 2019 — March 14, 2020

In that portion of the State west of the Chesapeake Bay and Susquehanna River

No limit

No limit

November 15, 2018 — March 15, 2019
November 15, 2019 — March 14, 2020

In that portion of the State east of the Chesapeake Bay and Susquehanna River

No limit

No limit

K. Long-Tailed Weasel — Trapping.

November 1, 2018 — February 1, 2019
November 1, 2019 — February 1, 2020

In that portion of the State west of the Chesapeake Bay and Susquehanna River

No limit

No limit

November 15, 2018 — February 15, 2019
November 15, 2019 — February 15, 2020

In that portion of the State east of the Chesapeake Bay and Susquehanna River

No limit

No limit

 

L. On lands owned or controlled by the Department in Caroline, Dorchester, Somerset, Talbot, Wicomico, and Worcester counties only leaseholders or their appointees can hunt or trap furbearers between November 15 and March 15.

.07 White-Tailed Deer.

A. The following lands are owned or controlled by the Department in Region A:

(1) Billmeyer-Belle Grove; WMA;

(2) Cunningham Swamp WMA;

(3) Dan’s Mountain WMA;

(4) Deep Creek Lake State Park (designated areas only);

(5) Green Ridge State Forest;

(6) Indian Springs WMA;

(7) McCoole Fishery Management Area;

(8) Mount Nebo WMA;

(9) Potomac-Garrett State Forest;

(10) Prather's Neck WMA;

(11) Rocky Gap State Park (designated areas only);

(12) Savage River State Forest;

(13) Sideling Hill WMA;

(14) Warrior Mountain WMA;

(15) Woodmont;

(16) Youghiogheny Reservoir CWMA; and

(17) Youghiogheny Scenic Wild River.

 

 

Season Dates, subject to COMAR 08.03.03.01D

Season Bag Limits

B. Antlered.

   (1) Archery Season.

 

       (a) Region A.

 

January 4, 2019 — January 6, 2019
January 10, 2020 — January 12, 2020

1 antlered

      (b) Statewide.

 

September 7, 2018 — October 17, 2018
October 21, 2018 (Sunday counties only)
October 22, 2018 — November 23, 2018
December 10, 2018 — December 14, 2018

December 30, 2018 (Sunday counties only)
December 31, 2018 — January 3, 2019
January 7, 2019 — January 31, 2019
September 6, 2019 — October 16, 2019
October 20, 2019 (Sunday counties only)
October 21, 2019 — November 29, 2019
December 16, 2019 — December 20, 2019

January 5, 2020 (Sunday counties only)
January 6, 2020 — January 9, 2020
January 13, 2020 — January 31, 2020

   (2) Muzzleloader Season.

 

October 18, 2018 — October 20, 2018
December 15, 2018 — December 29, 2018
October 17, 2019 — October 19, 2019
December  21, 2019 – January 4, 2020

1 antlered, except during the October segment in Region A, a total of 1 deer, antlered or antlerless may be taken.

    (3) Firearms Season.

     (a) Region B.

1 antlered

 

January 4, 2019 — January 5, 2019
January 6, 2019 (Sunday counties only)
January 10, 2020 — January 11, 2020
January 12, 2020 (Sunday counties only)

      (b) Statewide.

 

November 24, 2018 — December 8, 2018
November 30, 2019 — December 14, 2019

   (4) All Seasons Combined.

     (a) No more than one antlered white-tailed deer having less than three antler points one inch or longer on each antler present may be taken per license year. Hunters that possess, or are eligible to possess, a Resident or Nonresident Junior Hunting License are exempt from this requirement. Hunters that are 16 years of age or younger and possess an Apprentice Hunting License are exempt from this requirement.
     (b) One additional Bonus antlered white-tailed deer may be taken in Region B per license year, for all seasons combined subject to §§E and F of this regulation.

No more than 2 antlered deer may be taken per license year with any combination of bow, muzzleloader, and firearms bag limits.

C.  Antlerless.

    (1) Region A.

      (a) Archery Season.

 

September 7, 2018 — October 17, 2018
October 21, 2018 — November 23, 2018
December 10, 2018 — December 14, 2018
December 31, 2018 — January 31, 2019
September 6, 2019 — October 16, 2019
October 20, 2019 — November 29, 2019
December 16, 2019 — December 20, 2019
January 5, 2020 — January 31, 2020

1 antlerless

      (b) Muzzleloader Season.

          (i) Lands Owned or Controlled by the Department.

1 antlerless, except during the October segment, a total of 1 deer, antlered or antlerless, may be taken. 

 

October 18, 2018 — October 20, 2018

December 29, 2018

October 17, 2019 — October 19, 2019
January 4, 2020

         (ii) Other Lands.

 

October 18, 2018 — October 20, 2018
December 27, 2018 — December 29, 2018
October 17, 2019 — October 19, 2019
January 2, 2020 — January 4, 2020

      (c) Firearms Season.

         (i) Lands Owned or Controlled by the Department.

1 antlerless

 

December 8, 2018
December 14, 2019

         (ii) Other Lands.

 

 

December 7, 2018 — December 8, 2018
December 13, 2019 — December 14, 2019

      (d) All Seasons Combined.

 

No more than 2 antlerless deer may be taken in Region A per license year with any combination of bow, muzzleloader, and firearms bag limits.

   (2) Region B.

      (a) Archery Season.

 

September 7, 2018 — October 17, 2018
October 21, 2018 (Sunday counties only)
October 22, 2018 — November 23, 2018
December 10, 2018 — December 14, 2018
December 30, 2018 (Sunday counties only)

December 31, 2018 — January 3, 2019
January 7, 2019 — January 31, 2019
September 6, 2019 — October 16, 2019
October 20, 2019 (Sunday counties only)
October 21, 2019 — November 29, 2019
December 16, 2019 — December 20, 2019

January 5, 2020 (Sunday counties only)
January 6, 2020 — January 9, 2020
January 13, 2020 — January 31, 2020

15 antlerless

      (b) Muzzleloader Season.

 

October 18, 2018 — October 27, 2018
December 15, 2018 — December 29, 2018
October 17, 2019 — October 26, 2019
December 21, 2019 — January 4, 2020

10 antlerless

      (c) Firearms Season.

 

November 24, 2018 — December 8, 2018
January 4, 2019 — January 5, 2019
January 6, 2019 (Sunday counties only)
November 30, 2019 — December 14, 2019
January 10, 2020 — January 11, 2020
January 12, 2020 (Sunday counties only)

10 antlerless

D.  Junior Deer Hunt.

   (1) Region A.

Antlered or Antlerless

November 10, 2018 — November 11, 2018
November 16, 2019 — November 17, 2019

1 deer

   (2) Region B.

Antlered or Antlerless

November 10, 2018
November 11, 2018 (Sunday counties only)
November 16, 2019
November 17, 2019 (Sunday counties only)

3 deer, no more than 1 antlered

 

E. A hunter may only harvest one antlered deer per license year, including the Bonus antlered deer, that has antlers with less than three antler points one inch or longer on each antler. Hunters that possess, or are eligible to possess, a Resident or Nonresident Junior Hunting License are exempt from this requirement. Hunters that are 16 years of age or younger and possess an Apprentice Hunting License are exempt from this requirement.

F. Bonus Antlered Deer Stamp

(1) Before taking a Bonus antlered white-tailed deer, hunters must first purchase a Bonus Antlered Deer Stamp.

(2) Persons exempt from needing a hunting license under Natural Resources Article, §10-301(c), Annotated Code of Maryland, do not need to purchase a Bonus Antlered Deer Stamp.

(3) One Bonus antlered white-tailed deer may be taken per license year, for all seasons combined.  The Bonus antlered white-tailed deer cannot be taken on the same day that another antlered deer is taken under the prescribed bag limit.

(4) A Bonus antlered white-tailed deer may be taken only in Region B.

(5) The Bonus antlered white-tailed deer may be taken in any weapon season except the October muzzleloader season.

.08 Sika Deer.

 

Season Dates
Subject to COMAR 08.03.03.01D

Season Bag Limits

A. Archery Season.

  (1) Region A.

 

January 4, 2019—January 6, 2019
January 10, 2020—January 12, 2020

3 deer
Not more than 1 antlered.

  (2) Statewide.

 

September 7, 2018—October 17, 2018
October 21, 2018 (Sunday counties only)
October 22, 2018—November 23, 2018
December 10, 2018—December 14, 2018

December 30, 2018 (Sunday counties only)
December 31, 2018—January 3, 2019
January 7, 2019—January 31, 2019
September 6, 2019—October 16, 2019
October 20, 2019 (Sunday counties only)
October 21, 2019—November 29, 2019
December 16, 2019—December 20, 2019

January 5, 2019 (Sunday counties only)
January 6, 2020—January 9, 2020
January 13, 2020—January 31, 2020

B. Muzzleloader Season.

  (1) Region B.

      Antlerless.

October 22, 2018—October 27, 2018
October 21, 2019—October 26, 2019

3 deer
Not more than 1 antlered.

  (2) Statewide.

      Antlered or Antlerless.

October 18, 2018—October 20, 2018
December 15, 2019—December 29, 2019
October 17, 2019—October 19, 2019
December 21, 2019—January 4, 2020

C. Firearms Season.

  (1) Region B.

 

January 4, 2019—January 5, 2019

January 6, 2019

(Sunday counties only)
January 10, 2020—January 11, 2020

January 12, 2020

(Sunday counties only)

3 deer
Not more than 1 antlered.

  (2) Statewide.

 

November 24, 2018—December 8, 2018
November 30, 2019—December 14, 2019

D. Junior Deer Hunt.

   Statewide.

November 10, 2018
November 11, 2018 (Sunday counties only)
November 16, 2019
November 17, 2019 (Sunday counties only)

1 antlered or
1 antlerless

MARK J. BELTON
Secretary of Natural Resources

 

Subtitle 03 WILDLIFE

08.03.03 Open Seasons, Bag Limits for Game Birds and Game Animals

Authority: Natural Resources Article, §§10-205 and 10-415, Annotated Code of Maryland

Notice of Proposed Action

[18-143-P]

     The Secretary of Natural Resources proposes to amend Regulation .06 under COMAR 08.03.03 Open Seasons, Bag Limits for Game Birds and Game Animals.

Statement of Purpose

The purpose of this action is to amend the regulations regarding the Bonus Antlered Deer Stamp to eliminate the requirement that a hunter must harvest two antlerless deer before harvesting a bonus antlered deer during the open white-tailed deer hunting season after purchasing a Bonus Antlered Deer Stamp. Previously, the bonus stamp could only be used in Region B after harvesting two antlerless deer.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

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 Karina Stonesifer, Associate Director, Wildlife and Heritage Service, Department of Natural Resources, 12512 Pleasant Valley Road, Flintstone, MD 21530, or call 301-777-2136, or email to karina.stonesifer@maryland.gov, or fax to 301-777-2029. Comments will be accepted through July 9, 2018. A public hearing has not been scheduled.

.06 Deer Hunting — General.

A. (text unchanged)

B. Bonus Antlered Deer Stamps.

(1) — (5) (text unchanged)

[(6) In Region B, a person may harvest an additional antlered deer only after harvesting two antlerless deer in Region B during any of the open seasons for white-tailed deer.]

C. (text unchanged)

MARK J. BELTON
Secretary of Natural Resources

 

Title 09
DEPARTMENT OF LABOR, LICENSING, AND REGULATION

Subtitle 12 DIVISION OF LABOR AND INDUSTRY

09.12.31 Maryland Occupational Safety and Health Act — Incorporation by Reference of Federal Standards

Authority: Labor and Employment Article, §§2-106(b)(4) and 5-312(b), Annotated Code of Maryland

Correction of Notice of Proposed Action

[18-091-P]

The Notice of Proposed Action published in 45:9 Md. R. 467 (April 27, 2018) incorrectly stated that the Commissioner of Labor and Industry proposed to “adopt, through incorporation by reference under COMAR 09.12.31 Maryland Occupational Safety and Health Act — Incorporation by Reference of Federal Standards, amendments to 29 CFR Part 1910, published in 81 FR 82981—83006 (November 18, 2016).” The reference has been corrected in the revised proposal statement that follows.

 

The Commissioner of Labor and Industry proposes to adopt, through incorporation by reference under COMAR 09.12.31 Maryland Occupational Safety and Health Act — Incorporation by Reference of Federal Standards, amendments to 29 CFR Parts 1910, 1915, and 1926, published in 81 FR 16286—16890 (March 25, 2016).

MATTHEW S. HELMINIAK
Commissioner Labor and Industry

 

Title 10
MARYLAND DEPARTMENT OF HEALTH

Subtitle 25 MARYLAND HEALTH CARE COMMISSION

10.25.18 Health Information Exchanges: Privacy and Security of Protected Health Information

Authority: Health-General Article, §§4-301, 4-302.2, 4-304, 19-101, and
19-143, Annotated Code of Maryland

Notice of Proposed Action

[18-148-P]

The Maryland Health Care Commission proposes to amend Regulations .01—.04 and .10—.12 under COMAR 10.25.18 Health Information Exchanges: Privacy and Security of Protected Health Information. This action was considered by the Commission at an open meeting held on February 15, 2018, notice of which was given through publication in the Maryland Register, pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to amend the regulations that govern the operation of Health Information Exchanges (HIEs) in Maryland. These amendments are designed to support the electronic exchange of sensitive health information (SHI) for treatment while ensuring appropriate confidentiality protections for information that might identify an individual, directly or indirectly. The amendments include provisions that allow HIEs to exchange SHI through electronic transmission other than by point-to-point (secure email). These regulations are aimed at ensuring that patients whose health care records include SHI (such as a substance use disorder) have the ability to participate in and benefit from electronic health information exchanged through HIEs operating in Maryland. COMAR 10.25.18.03D includes a nonsubstantive change regarding requirements that went into effect on June 19, 2017.

Comparison to Federal Standards

There is a corresponding federal standard to this proposed action, but the proposed action is not more restrictive or stringent.

Estimate of Economic Impact

I. Summary of Economic Impact. The amended regulations provide requirements for the private and secure exchange of SHI accessed, used, or disclosed through a HIE. The initial economic impact on certain entities is expected to be moderate; however, building trust in HIE is essential to ensure that the potential benefits of reduced health care cost may be realized.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency:

Maryland Health Care Commission

(E+)

Within Budget

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(1)

(+)

Moderate

(2)

(-)

Moderate

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

(+)

Moderate

III. Assumptions. (Identified by Impact Letter and Number from Section II.)

A. MHCC is the State agency responsible for advancing health information technology throughout Maryland. The chapter requires MHCC to monitor compliance with the regulations. MHCC can support this chapter using current staff within MHCC’s budget.

B. Other State agencies do not meet the definition of an HIE, as defined in COMAR 10.25.18.02B; as such, there is no impact on State agencies.

C. Local governments do not meet the definition of an HIE, as defined in COMAR 10.25.18.02B; as such, there is no impact on local governments.

D(1). The regulations are essential to ensuring the privacy, confidentiality, and security of particularly sensitive patient information exchanged electronically. The regulations ensure positive changes to the industry, increase control of health care consumers, and improve consumer trust in electronic HIE.

D(2). The regulations are expected to have a moderate financial impact on organizations that meet the definition of an HIE as defined in COMAR 10.25.18.02B.

E. The regulations are not expected to have an impact on other industries and trade groups.

F. The regulations are expected to have a positive impact on the public. These regulations are necessary to ensure that robust protections are in place for the electronic exchange of SHI. They also provide health care consumers control over their electronic health information and allow HIEs flexibility in terms of the methods of exchanging SHI in a private and secure manner.

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 Angela Evatt, Chief, Health Information Exchange, Center for Health Information Technology, Maryland Health Care Commission, 4160 Patterson Avenue, Baltimore, MD 21215, or call 410-764-3574, or email to angela.evatt@maryland.gov, or fax to 410-358-1236. Comments will be accepted through July 9, 2018, at 4:30 p.m. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the Maryland Health Care Commission during a public meeting to be held on September 20, 2018, at 1 p.m., at 4160 Patterson Avenue, Room 100, Baltimore, MD 21215.

.01 Scope and Purpose.

A. (text unchanged)

B. This chapter applies to:

(1) A health information exchange, as defined in Regulation [.02B(25)] .02B(28) of this chapter;

(2)—(3) (text unchanged)

C.—D. (text unchanged) 

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(9) (text unchanged)

(10) “Care management organization”, in the context of secondary use, means any entity that:

(a)—(b) (text unchanged)

(c) Is operating [under the] in accordance with Maryland’s All-Payer Model [Contract approved by] or successor agreement between the [federal Center] Centers for Medicare and Medicaid [Innovation] Services and the State of Maryland;

(d) (text unchanged)

(11)—(23) (text unchanged)

(24) “Granular patient consent” means expressed preferences made by a health care consumer regarding the disclosure, access, and use of the patient’s protected health information according to the type of information, type of provider, purpose, or circumstance communicated by the health care consumer to the HIE through reasonable means specified by the HIE, which shall include paper and electronic means.

[(24)] (25)—[(35)] (36) (text unchanged)

(37) “Nationally recognized standards” means technical standards for the exchange, integration, sharing, or retrieval of electronic health information considered reliable by the health IT industry nationally.

[(36)] (38)—[(38)] (40) (text unchanged)

[(39)] (41) “Part 2” means the federal Confidentiality of [Alcohol and Drug Abuse Patient Records] Substance Use Disorder Patient Records regulations found in 42 CFR Part 2 and supplemented by the final rule 82 FR 6052.

[(40)] (42)—[(44)] (46) (text unchanged)

[(45)] (47) “Person in interest” means any of the following, but does not include a participating organization:

(a)—(d) (text unchanged)

(e) If [§B(43)(d)] §B(45)(d) of this regulation does not apply to a minor:

(i)—(ii) (text unchanged)

(f) (text unchanged)

[(46)] (48)—[(63)] (65) (text unchanged)

.03 Rights of a Health Care Consumer Concerning Information Accessed, Used, or Disclosed Through an HIE.

A.D. (text unchanged)

D. [Within 6 months of the effective date of this regulation an] An HIE shall:

(1)(2) (text unchanged)

E.—H. (text unchanged)

.04 Access, Use, or Disclosure of Sensitive Health Information.

A. Consistency with Disclosure Requirements Under Federal and State Law.

(1) A person shall comply with all relevant State and federal laws, including [but not limited to] 42 CFR Part 2, concerning the access, use, or disclosure of sensitive health information through an HIE and maintenance of such information by an HIE. [Until the Commission issues regulations governing the access, use, or disclosure of sensitive health information through an HIE or maintenance of such information by an HIE, all sensitive health information shall only be transmitted via point-to-point transmission.]

(2) If federal or State law requires written consent or authorization for access, use, or disclosure of sensitive health information, a person shall[:

(a) Obtain] obtain consent or authorization consistent with the applicable law prior to the access, use, or disclosure of sensitive health information to and through an HIE to an authorized recipient[; and

(b) Use only point-to-point transmission to allow access to, use, or disclosure of the sensitive health information through an HIE].

(3) Notwithstanding [§A(2)(a)] §A(2) of this regulation, an HIE may transmit sensitive health information [via point-to-point transmission]:

(a) (text unchanged)

(b) In an emergency, [as defined by Health-General Article, §4-301(d), Annotated Code of Maryland,] if a health care provider makes a professional determination that an immediate disclosure is necessary to provide for the emergency health care needs of a patient or recipient.

(4) An HIE shall use only point-to-point transmission to allow access, use, or disclosure of the sensitive health information through an HIE, unless the HIE implements:

(a) Nationally recognized standards that support control by the health care consumer over the electronic exchange of the patient’s sensitive health information consistent with the privacy and consent directives made by the health care consumer;

(b) Electronic exchange controls and processes that:

(i) Support granular patient consent for the electronic transmission of sensitive health information consistent with applicable State and federal laws concerning the access, use, or disclosure of sensitive health information, including applicable standards and technical requirements in accordance with Part 2; and

(ii) Assure that the health care consumer’s granular consent controls remain associated with the sensitive health information and are adhered to as the information is transmitted through, maintained, or disclosed by the HIE; and

(c) Health care consumer educational content:

(i) That is developed and established in coordination with MHCC and stakeholders;

(ii) That is kept current; and

(iii) The receipt of which shall be acknowledged by the health care consumer as part of the granular consent process.

[(4)] (5) (text unchanged)

B. Procedure for disclosing or re-disclosing of Part 2 health information.

(1) (text unchanged)

(2) A participating organization that receives Part 2 information may not re-disclose such information without appropriate patient consent or authorization, as [otherwise] permitted by [these] applicable federal and State laws and regulations.

(3) (text unchanged)

.10 Requirements for Accessing, Using, or Disclosing of Data Through an HIE for Secondary Use.

A. Population Care Management.

(1)─(3) (text unchanged)

(4) An HIE may not disclose a patient’s sensitive health information for population care management purpose unless permitted by applicable federal and State laws and regulations.

B. Research.

(1)─(8) (text unchanged)

(9) An HIE may not disclose a patient’s sensitive health information for research purpose unless permitted by applicable federal or State laws and regulations.

C. (text unchanged)

.11 Requirements for Accessing, Using, or Disclosing of Data Through an HIE in an Emergency.

A. (text unchanged)

B. If an HIE’s emergency access policy allows the disclosure of information during an emergency, the HIE shall:

(1) Only disclose information to the requesting health care provider if the following conditions are met:

(a)—(b) (text unchanged)

(c) Information available through the HIE may be relevant to the treatment needed by the patient in the specific emergency; [and]

(d) The participating organization has an established policy that describes the requirements and attestation process for emergency access; and

(e) Disclosure of information available through the HIE is not in violation of applicable federal and State laws and regulations related to sensitive health information.

(2)—(6) (text unchanged)

.12 Requirements for Providing Health Care Consumers Electronic Access to Their Health Information.

A. An HIE or its third party that offers health care consumers electronic access to view, download, transmit, submit, or control their health information shall:

(1)—(8) (text unchanged)

(9) Establish processes and procedures that allow an individual to electronically access health information for a patient or patients:

(a) (text unchanged)

(b) For whom the patient has authorized such access; [and]

(10) Establish processes and procedures to confirm the authority of a person in interest, if not directly authorized by a patient, which must be satisfied as a condition to providing access to that person in interest; and

(11) Comply with applicable federal and State laws and regulations related to sensitive health information when disclosing such information to a health care consumer.

B.—H. (text unchanged)

ROBERT E. MOFFIT, Ph.D.
Chair

 

Subtitle 38 BOARD OF PHYSICAL THERAPY EXAMINERS

10.38.12 Dry Needling

Authority: Health Occupations Article, §§13-101 and 13-206, Annotated Code of Maryland

Notice of Proposed Action

[18-144-P]

The Secretary of Health proposes to amend Regulation .03 under COMAR 10.38.12 Dry Needling. This action was considered at a public meeting held on March 20, 2018, notice of which was given by publication on the Board’s website at https://health.maryland.gov/bphte/Pages/index.aspx pursuant to General Provisions Article, §3-302(c)(3)(ii), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to change the effective date of registration for the minimum education and training necessary for physical therapists to perform dry needling from June 19, 2018 to October 1, 2018 to permit the Board of Physical Therapy Examiners the necessary time to fully implement the registration process.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

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 Michele Phinney, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through July 9, 2018. A public hearing has not been scheduled.

.03 Minimum Education and Training Necessary to Perform Dry Needling.

A.—I. (text unchanged)

J. This regulation shall take effect [June 19, 2018] October 1, 2018.

ROBERT R. NEALL
Secretary of Health

 

Title 13A
STATE BOARD OF EDUCATION

Subtitle 06 SUPPORTING PROGRAMS

13A.06.03 Interscholastic Athletics in the State

Authority: Education Article, §§2-205 and 2-303(k), Annotated Code of Maryland

Notice of Proposed Action

[18-151-P]

The Maryland State Board of Education proposes to amend Regulation .06 under COMAR 13A.06.03 Interscholastic Athletics in the State. This action was considered at the April 24, 2018 meeting of the State Board of Education.

Statement of Purpose

The purpose of this action is to change how schools are classified for parity and equitable participation in interscholastic athletics.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

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 Andy Warner, Executive Director, MPSSAA, Maryland State Department of Education, 200 West Baltimore Street, Baltimore, Maryland 21201, or call 410-767-0376 TTY: 410-333-6442, or email to robert.warner1@maryland.gov, or fax to 410-333-3111. Comments will be accepted through July 9, 2018. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the State Board of Education during a public meeting to be held on July 24, 2018, 9:00 a.m., at 200 West Baltimore Street, Baltimore, Maryland 21201.

.06 Classification.

A. For the purpose of parity in competition in meets and tournaments [coordinated] administered by the MPSSAA, member schools shall be divided [as equally as possible] into [four] classifications based on enrollment. If, in this calculation, two or more schools with equal enrollments fall between two classifications, they shall be placed in the lower classification.

B. The local superintendent of schools shall submit to the MPSSAA Executive Director [by November 1,] a report on the actual school enrollment of students in Grades 9, 10, and 11 in each of the member MPSSAA schools as of September 30, in each even-numbered year. The MPSSAA Executive Director and [the] Classification Committee [of the MPSSAA] shall present a recommendation for classification of member schools for each MPSSAA-administered sport to the MPSSAA Board of Control for adoption. Classification shall be determined every 2 years based on the September 30 enrollment of the previous year.

C.—E. (text unchanged)

KAREN B. SALMON, Ph.D.
State Superintendent of Schools

 

Title 13B
MARYLAND HIGHER EDUCATION COMMISSION

Subtitle 01 NONPUBLIC SCHOOLS

13B.01.01 Minimum Requirements for Private Career Schools

Authority: Education Article, §§11-105(u), 11-201, and 11-203, Annotated Code of Maryland

Notice of Proposed Action

[18-149-P]

     The Maryland Higher Education Commission proposes to amend Regulations .02 and .19 under COMAR 13B.01.01 Minimum Requirements for Private Career Schools.  This action was considered at a public meeting of the Commission on April 25, 2018.

Statement of Purpose

The purpose of this action is to increase the amount of financial guarantees required of certain private career schools consistent with Senate Bill 795 of the 2018 Session of the General Assembly.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Emily Dow, Assistant Secretary, Maryland Higher Education Commission, 6 N. Liberty Street, 10th Floor, Baltimore, MD 21201, or call 410-767-3300, or email to emily.dow@maryland.gov. Comments will be accepted through July 9, 2018. A public hearing has not been scheduled.

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(6) (text unchanged)

[(6-1) “Branch campus Title IV school” means a school that:

(a) Is recognized as a branch campus, or as an additional location of a main campus, by an accrediting body recognized by the U.S. Department of Education;

(b) Has a main campus that is certified by the U.S. Secretary of Education to participate in federal financial aid programs under Title IV of the Higher Education Act of 1965;

(c) Is geographically apart and independent of its main campus; and

(d) Has a location that:

(i) Is permanent in nature;

(ii) Has its own faculty and administrative or supervisory organization; and

(iii) Has its own budgetary and hiring authority.]

(7)—(19) (text unchanged) 

[(19-1) “Main campus Title IV school” means a school that is:

(a) Accredited as a main campus by an accrediting body recognized by the U.S. Department of Education; and

(b) Certified by the U.S. Secretary of Education to participate in federal financial aid programs under Title IV of the Higher Education Act of 1965.]

(19-2) “Non-Title IV school” means a school that does not participate [as a main campus or as a branch campus] in federal financial aid programs under Title IV of the Higher Education Act of 1965.

(20)—(31) (text unchanged)

(32) “Title IV school” means a [main campus Title IV school or a branch campus Title IV school] school certified by the U.S. Secretary of Education to participate in federal financial aid programs under Title IV of the Higher Education Act of 1965.

(33)—(34) (text unchanged )

.19 Financial Guarantee.

A. [Whenever a] A financial guarantee [is] required by this chapter[, it] shall be:

(1) (text unchanged)

(2) Made under the terms and conditions determined by the Secretary, including the conditions that the school [will] shall:

(a)—(b) (text unchanged)

(3) Made payable to the Secretary on behalf of the Commission, and provided to the Secretary; [and]

(4) Between the Commission and the surety; and

[(4)] (5) In the amount the Secretary requires, which at a minimum shall be:

(a) (text unchanged)

(b) The amount prescribed by §C of this regulation, if the school is a [main campus] Title IV school;

[(c) The amount prescribed by §D of this regulation, if the school is a branch campus Title IV school;]

[(d)] (c) The amount prescribed by [§E] §D of this regulation, if the school is a Title IV school that has been notified by the U.S. Department of Education of an adverse, or potentially adverse, action affecting the school’s participation in Title IV; or

[(e)] (d) The amount prescribed by [§F] §E of this regulation, if the school delivers its programs in whole or in part by distance education.

B. Financial Guarantee Amount — Non-Title IV Schools.

(1) [A Non-Title IV School’s 1st Through 5th Years of Operation.

(a) This subsection applies to a] A non-Title IV school [during its 1st through 5th years of operation.

(b) If the school collects tuition in multiple installments from or on behalf of its students, the school] shall provide a financial guarantee in an amount sufficient to cover[:

(i)] 100 percent of the total tuition liability of the school[, if the school does not meet financial viability standards set forth in §G of this regulation; or

(ii) 50 percent of the total tuition liability of the school, or a greater amount if deemed necessary by the Secretary, if the school meets the financial viability standards set forth in §G of this regulation.

(c) If the school does not collect tuition in multiple installments from or on behalf of its students, the school shall provide a financial guarantee in an amount sufficient to cover 100 percent of the total tuition liability of the school.

(2) During a Non-Title IV School’s 6th Through 10th Years of Operation.

(a) This subsection applies to a non-Title IV school during its 6th through 10th years of operation.

(b) If the school collects tuition in multiple installments from or on behalf of students, the school shall provide a financial guarantee in an amount sufficient to cover:

(i) 100 percent of the total tuition liability of the school, if the school does not meet the financial viability requirements set forth in §G of this regulation; or

(ii) 30 percent of the total tuition liability of the school, or a greater amount if deemed necessary by the Secretary, if the school meets the financial viability requirements set forth in §G of this regulation.

(c) If the school does not collect tuition in multiple installments from or on behalf of its students, the school shall provide a financial guarantee in an amount sufficient to cover 100 percent of the total tuition liability of the school.

(3) After a non-Title IV school’s 10th year of operation.

(a) This subsection applies to a non-Title IV school after its 10th year of operation.

(b) If the school collects tuition in multiple installments from or on behalf of students, the school shall provide:

(i) A financial guarantee in an amount sufficient to cover 30 percent of the total tuition liability of the school, or a greater amount if deemed necessary by the Secretary, if the school does not meet the financial viability requirements set forth in §G of this regulation; or

(ii) No financial guarantee, unless the Secretary deems one necessary, if the school meets the financial viability requirements set forth in §G of this regulation.

(c) If the school does not collect tuition in multiple installments from or on behalf of its students, the school shall provide a financial guarantee in an amount sufficient to cover 100 percent of the total tuition liability of the school].

C. Financial Guarantee Amount — [Main Campus] Title IV Schools.

(1) Minimum Amount. A Title IV school shall maintain a financial guarantee in an amount sufficient to cover 100 percent of the total non-Title IV tuition liability of the school, unless a greater amount:

(a) Is deemed necessary by the Secretary; or

(b) Is required by the provision of this §C.

[(1)] (2) During a [main campus] Title IV school’s 1st through 5th years of operation, [and after at least 1 year of its operation as a main campus Title IV school,] the school shall provide a financial guarantee in an amount sufficient to cover[:

(a)] 100 percent of the total tuition liability of the school[, if the school does not meet the financial viability standards set forth in §G of this regulation; or

(b) 100 percent of the total non-Title IV tuition liability of the school, or a greater amount if deemed necessary by the Secretary, if the school meets the financial viability standards set forth in §G of this regulation].

[(2)] (3) During a [main campus] Title IV school’s 6th through 10th years of operation, [and after at least 1 year of its operation as a main campus Title IV school,] the school shall provide a financial guarantee in an amount sufficient to cover:

(a) [100] 50 percent of the total [non-Title IV] tuition liability of the school, if the school does not meet financial viability requirements set forth in [§G] §F of this regulation, and if 50 percent of the total tuition liability of the school is greater than 100 percent of the school’s total non-Title IV tuition liability; [or]

(b) [50] 100 percent of the school’s total non-Title IV tuition liability, [or a greater amount if deemed necessary by the Secretary,] if the school meets the financial viability requirements set forth in [§G] §F of this regulation[.]; or

(c)A greater amount if deemed necessary by the Secretary.

[(3)] (4) After a [non-]Title IV school’s 10th year of operation, [and after at least 1 year of its operation as a main campus Title IV school,] the school shall provide:

(a) A financial guarantee in an amount sufficient to cover [50] 30 percent of the total [non-Title IV] tuition liability of the school, [or a greater amount if deemed necessary by the Secretary,] if the school does not meet the financial viability requirements set forth in [§G] §F of this regulation, and if 30 percent of the total tuition liability is greater than 100 percent of the school’s total non-Title IV tuition liability; [or]

(b) [No financial guarantee, unless one is deemed necessary by the Secretary,] A financial guarantee in an amount sufficient to cover 100 percent of the school’s total non-Title IV tuition liability, if the school meets the financial viability requirements set forth in [§G] §F of this regulation[.] ; or

(c) A greater amount if deemed necessary by the Secretary.

[D. Financial Guarantee Amount — Branch Campus Title IV School.

(1) During a branch campus Title IV school’s 1st through 2nd years of operation in Maryland, the school shall provide a financial guarantee in an amount sufficient to cover:

(a) 100 percent of the total tuition liability of the school, if the school does not meet minimum financial viability standards set forth in §G of this regulation; or

(b) 50 percent of the total tuition liability of the school, if the school meets the minimum financial viability standards set forth in §G of this regulation.

(2) After a branch campus Title IV school’s 2nd year of operation in Maryland, and before the school’s main campus has operated for 10 years, the school shall provide a financial guarantee in an amount sufficient to cover:

(a) 100 percent of the total non-Title IV tuition liability of the school, if the school does not meet the financial viability requirements set forth in §G of this regulation; or

(b) 50 percent of the total non-Title IV tuition liability of the school, or a greater amount if deemed necessary by the Secretary, if the school meets the financial viability standards set forth in §G of this regulation.

(3) After a branch campus Title IV school’s 2nd year of operation in Maryland, and once the school’s main campus has operated for at least 10 years, the school:

(a) Shall provide a financial guarantee in an amount sufficient to cover 50 percent of the total non-Title IV tuition liability of the school, if the school does not meet financial viability requirements set forth in §G of this regulation; or

(b) Shall be released from the financial guarantee requirement, unless the Secretary determines that one is necessary, if the school meets the financial viability requirements set forth in §G of this regulation.]

[E.] D. Financial Guarantee Amount — Title IV Schools Notified of Potentially Adverse Action by the U.S. Department of Education.

(1) If the U.S. Department of Education notifies a Title IV school that the school is subject to an adverse or potentially adverse action, including any action that limits, suspends, terminates, or otherwise negatively affects the school’s participation in Title IV, the school [must] shall notify the Commission in accordance with regulation .06 of this chapter.

(2) Upon receipt of the school’s notice under [§E(1)] §D(1) of this regulation, or on the Secretary’s own initiative, the Secretary may require the school to provide a financial guarantee in an amount deemed necessary by the Secretary to protect students, up to 100 percent of the school’s total tuition liability.

[F.] E. Financial Guarantee Amount — Schools Delivering Programs in Whole or in Part by Distance Education.

[(1)] A school that delivers a program in whole or in part by distance education shall provide a financial guarantee[, regardless of whether a financial guarantee would otherwise be required under §§B—E of this regulation.

(2) The financial guarantee of a school that delivers a program in whole or in part by distance education shall be] in the amount prescribed by §§B—[E]D of this regulation, plus an amount sufficient to cover the sum of the tuition of each program delivered in whole or in part by distance education, multiplied by the maximum permissible enrollment for that program.

[G.] F. Reduced [or Eliminated] Financial Guarantees Based on Financial Viability.

(1) Upon submission of its annual report under Regulation .06 of this chapter, a school that provides a financial guarantee in an amount greater than 100 percent of its non-Title IV tuition liability may request in writing that the Secretary reduce [or eliminate] the school’s financial guarantee amount, in accordance with the criteria set forth in §§B—[F]E of this regulation.

(2) The school’s request [must] shall include the two most recent audited financial statements of the school, and of any corporate parent or holding company of the school.

(3) The Secretary may grant the school’s request if the Secretary finds that:

(a) The financial statements and other relevant financial information, including external accounting reports, demonstrate that the school and its ownership meet the financial viability requirements set forth in [§G(4)] §F(4) of this regulation, operate in accordance with sound principles of financial management, and maintain financial resources adequate for the satisfactory conduct of the school; and

(b) A reduction [or elimination] of the financial guarantee is appropriate under the criteria set forth in §§B—[F]E of this regulation.

(4) Financial Viability Requirement. A school is considered financially viable if its financial statements, and those of its corporate parent or holding company, demonstrate that the school and its ownership, for each of the 2 most recent years:

(a) Had a net income that exceeded expenditures; and

(b) (text unchanged)

(5) In no instance shall a financial guarantee of a school be reduced below an amount equal to 100 percent of the school’s total non-Title IV tuition liability.

JAMES D. FIELDER, JR., Ph.D.
Secretary of Higher Education

 

Subtitle 05 FULLY ONLINE PROGRAMS

13B.05.01 Registration

Authority: Education Article, §§ 11-105(u), 11-201, 11-202, 11-202.2,
11-203, Annotated Code of Maryland

Notice of Proposed Action

[18-150-P]

The Maryland Higher Education Commission proposes to amend Regulations .06, .07, and .11, and adopt new Regulation .12 under COMAR 13B.05.01 Registration. This action was considered and approved at a public meeting of the Commission on April 25, 2018.

Statement of Purpose

The purpose of this action is to, consistent with Senate Bill 795 of the 2018 Session of the General Assembly, alter the amount of financial guarantees provided to the Commission by certain out-of-state institutions seeking to provide online education in Maryland.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. The bill will have an economic impact on certain out-of-state institutions that enroll Maryland students in online education without first obtaining a registration from the Commission.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

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:

Cost of obtaining financial guarantees

(-)

Minimal

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. Certain out-of-state institutions that enroll Maryland students prior to receiving a registration from the Commission will be required to increase their financial guarantees to equal the amount of their total tuition liability to Marylanders.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

 

Opportunity for Public Comment

Comments may be sent to Emily Dow, Assistant Secretary, Maryland Higher Education Commission, 6 N. Liberty St., 10th Floor, Baltimore, MD 21201, or call 410-767-3300, or email to emily.dow@maryland.gov. Comments will be accepted through July 9, 2018. A public hearing has not been scheduled.

.06 Registration Procedure.

A. An institution seeking registration with the Commission as required in Regulation .04 of this chapter shall submit to the Commission:

(1)—(6) (text unchanged)

(7) An affidavit from the President or Chief Executive Officer of the institution affirming that:

(a) (text unchanged)

(b) The President or Chief Executive Officer [will] shall:

(i) (text unchanged)

(ii) Notify the Commission in reference to the matters set forth in Regulation .11 of this chapter; [and]

(8) If the institution is or will be enrolling Maryland students before registration is issued, within 30 days of submitting the complete application, a pre-registration financial guarantee as provided for in Regulation .07 of this chapter[.]; and

(9) If the institution is a for-profit institution, a continuous financial guarantee pursuant to Education Article, §11-203, Annotated Code of Maryland, and as provided for in Regulation .12 of this chapter.

B. In addition to the requirements of §A of this regulation, an institution shall submit a copy of the institution's most recent financial statement reviewed by an independent accountant retained by the institution with its first application for registration and with [subsequent applications for registration every 2 years] each annual renewal application.

C. An application is complete as of the day on which an institution submits all documentation required in §§A(1)—(7) and A(9) of this regulation for the registration process as determined by the Secretary.

D. If the Secretary finds that the institution is in compliance with the applicable requirements of Education Article, Title 11, Annotated Code of Maryland, and this chapter, the Secretary shall issue registration to the institution.

E.—H. (text unchanged)

.07 Pre-Registration Financial Guarantee.

A. Scope.

(1) This regulation applies to an institution applying for or renewing registration under this chapter if the institution chooses to enroll [If] a Maryland student [is enrolled]:

(a) [before] Before [an institution is registered] the institution’s registration is issued by the Secretary; or

(b) [when] When [an] the institution's registration [expires, the institution must file an application for registration as required in Regulation .04A of this chapter and provide a financial guarantee to the Commission in order to commence or continue enrollment of Maryland students] has expired.

(2) This regulation does not apply to an institution applying for or renewing a registration if the institution does not enroll a Maryland student:

(a) Before the institution’s registration is issued by the Secretary; or

(b) When the institution’s registration has expired.

B. The institution shall file an application for registration as required in regulation .04A of this chapter and provide a pre-registration financial guarantee to the Commission, as described in this regulation, in order to commence or continue the enrollment of Maryland students.

C. The pre-registration financial guarantee provided for in this regulation is separate from, and additional to, the continuous financial guarantee that is required of for-profit institutions under Regulation .12 of this chapter.

[B.] D. (text unchanged)

[C.] E. The financial guarantee shall be in the form required by the Secretary, shall be between the Commission and the surety, and shall be conditioned that, if the institution is denied registration, the institution [will] shall provide 100 percent refunds of tuition and fees paid to the institution by all Maryland students.

[D.] F. The amount of the financial guarantee required under this regulation shall be [5 times the average annual total program tuition and fee costs payable by an individual Maryland student enrolled at the institution] sufficient to cover 100 percent refunds and fees paid to the institution by all Maryland students.

[E. While the financial guarantee is active, if the institution's tuition and fee liability to all Maryland students enrolled at the institution exceeds the amount of the financial guarantee, the Secretary may require that the amount of the guarantee be increased to a level to cover 100 percent refunds of tuition and fees paid to the institution by all Maryland students.]

.11 Institutional Operations.

An institution that is registered under this chapter shall:

A. Promptly notify the Commission of:

(1)—(4) (text unchanged)

(5) Any communication received from the state authority that regulates the institution regarding institutional or program status with regard to online programs in which Maryland students are enrolled; [and]

(6) Any communication from the institution's accrediting body that may impact the institution's status with the accrediting body; and

(7) Any notice of an adverse action, or potentially adverse action, against the institution by the U.S. Department of Education, including but not limited to any notice to the institution of a reduction of the institution’s financial responsibility composite score.

B.—D. (text unchanged)

E. [If the institution has no more than ten Maryland students in a single program placed simultaneously at one site in the State in a supervised internship, practicum, or field experience as a required part of a degree or certificate program, submit] Submit to the Secretary, by June 30 of each year, an annual report detailing the number of students placed at each internship, practicum, or field experience location within the State, in a form and manner required by the Secretary; and

F. Enroll no more than 10 Maryland students in a single program placed simultaneously at one site in the State in a supervised internship, practicum, or field experience, or otherwise operate in Maryland as defined in Subtitle 2 of this title, unless it first obtains a certificate of approval from the Commission in accordance with Subtitle 2 of this title.

.12 Continuous Financial Guarantees of For-Profit Institutions.

A. In this regulation, the following terms have the meanings indicated.

(1) “Adjusted gross tuition and fees” means all revenues received on a cash or accrual accounting basis, less any refunds paid to students, for tuition and fees for all instructional programs or courses enrolled in by students, except for charges for materials, supplies, and books that have been purchased by, and are the property of, a student.

 (2) “Non-Title IV adjusted gross tuition and fees” means an institution’s adjusted gross tuition and fees minus the amount of Title IV federal financial aid received by the institution on behalf of its students.

B. A for-profit institution seeking or renewing registration under this chapter shall provide to the Secretary an irrevocable letter of credit or performance bond, as required by Education Article, §11-203, Annotated Code of Maryland, conditioned that the institution shall:

(1) Perform faithfully all agreements or contracts it makes with its students; and

(2) Comply with the Education Article, Annotated Code of Maryland.

C. The irrevocable letter of credit or performance bond shall be in the form and amount prescribed by the Secretary and shall conform to the requirements of paragraph D of this regulation.

D. The amount provided for in the irrevocable letter of credit or performance bond shall, unless a higher amount is required by the Secretary, be:

(1) If the institution is renewing its registration, an amount equal to the institution’s non-Title IV adjusted gross tuition and fees for Maryland students for the prior July 1 through June 30; or

(2) If the institution is seeking initial registration, an amount equal to the institution’s non-Title IV adjusted gross tuition and fees for the students of its principal campus for the prior July 1 through June 30.

E. The irrevocable letter of credit or performance bond shall be between the surety and the Commission.

F. The irrevocable letter of credit or performance bond required by this regulation, and each annual application to renew a for-profit institution’s registration under this chapter, shall be accompanied by a report, in a form prescribed by the Secretary:

(1) Certifying the for-profit institution’s:

(a) Total number of Maryland students enrolled in the institution or, if the institution is seeking initial registration, total number of students enrolled in the institution’s principal campus;

(b) Total amount of adjusted tuition and fees from the enrollment of Maryland students or, if the institution is seeking initial registration, total amount of adjusted tuition and fees from the enrollment of students in the institution’s principal campus;

(c) Total amount of non-Title IV adjusted gross tuition and fees from the enrollment of Maryland students or, if the institution is seeking initial registration, total amount of non-Title-IV adjusted tuition and fees from the enrollment of students in the institution’s principal campus; and

(2) Enclosing a declaration signed and dated by the chief executive officer of the school, under penalty of perjury, that the information in the report and any attachments to the report are true and correct.

JAMES D. FIELDER, JR., Ph.D.
Secretary of Higher Education

 

Title 14
INDEPENDENT AGENCIES

Subtitle 26 MARYLAND ENERGY ADMINISTRATION

14.26.07 Maryland Energy Storage Systems Income Tax Credit Program

Authority: Tax-General Article, §10-719, Annotated Code of Maryland

Notice of Proposed Action

[18-146-P]

The Maryland Energy Administration proposes to adopt new Regulations .01—.09 under a new chapter, COMAR 14.26.07 Maryland Energy Storage Systems Income Tax Credit Program.

Statement of Purpose

The purpose of this action is to implement Maryland's Income Tax Credit-Energy Storage Systems Act by establishing procedures for persons and businesses to apply for tax credits for purchasing and installing a qualifying energy storage system on eligible property in Maryland.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed regulations will assist qualifying applicants in receiving a tax credit.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

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:

NONE

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

(+)

$750,000 in a year

III. Assumptions. (Identified by Impact Letter and Number from Section II.)

F. Assuming all grant money is expended.

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 Ankush Nayar, Assistant Attorney General, Maryland Energy Administration, 1800 Washington Blvd., Baltimore, MD 21230, or call 410-576-4061, or email to ankush.nayar1@maryland.gov or john.fiastro@maryland.gov. Comments will be accepted through June 9, 2018. A public hearing has not been scheduled.

.01 Purpose.

These regulations implement Maryland's Income Tax Credit-Energy Storage Systems Act by establishing procedures for persons and businesses to apply for tax credits for purchasing and installing a qualifying energy storage system on eligible property in Maryland.

.02 Scope.

The Maryland Income Tax Credit-Energy Storage System Act establishes a program to award tax credits to Individuals and Corporations that purchase and install a qualifying energy storage system on eligible property in Maryland. The Program also establishes limits on eligibility and the amount and duration of the credit Program.

.03 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Administration” means the Maryland Energy Administration.

(2) “Capacity factor” means the ratio of actual energy output compared with the maximum possible energy output over a specified period of time.

(3) “Commercial property” means nonresidential property with a commercial, industrial, or government use as outlined in the qualifications for the Commercial Clean Energy Grant Program in COMAR 14.26.04.02 and includes multifamily properties.

(4) “Corporation” has the meaning stated in Tax-General Article, §10-101(c), Annotated Code of Maryland.

(5) “Energy density” means the amount of energy that can be stored in the given mass of the system.

(6) “Energy markets” mean wholesale electricity markets hosted by PJM Interconnection.

(7) “Energy storage duration” means duration at rated power.

(8) “Energy storage systems income tax credit” means a decrease in income tax liability offered to assist an individual or corporation in installing an energy storage system.

(9) “Energy storage system power density” means the rate of energy flux per unit of area of the energy storage system.

(10) “Individual” has the meaning stated in Tax-General Article, §10-101(g), Annotated Code of Maryland.

(11) “Installation date” means the date when the energy storage system was installed on the property and operational, not when the final permits were completed.

(12) Residential Property.

(a) “Residential property” means property, including a single-family home and an individual unit of a multifamily property or mixed use facility, that has the purpose of serving as a primary residence, as outlined in COMAR 14.26.04.02

(b) “Residential property” includes a property with a home office.

.04 Qualifying Energy Storage Systems.

A. Qualifying energy storage systems may store the following types of energy for use as electrical energy at a later date or in a process that offsets electricity use at peak times:

(1) Electrical energy;

(2) Mechanical energy;

(3) Chemical energy; or

(4) Thermal energy.

B. Qualifying energy storage systems shall maintain certain safety criteria, namely:

(1) Use equipment certified by a nationally recognized testing laboratory (NRTL);

(2) Be installed by a licensed electrician, for electrical systems; and

(3) Be in compliance with all applicable building and fire codes.

C. Qualifying energy storage systems shall also meet the following:

(1) Be installed in Maryland; and

(2) Abide by Maryland regulations regarding interconnection with the electric utility and grid, if applicable.

D. The Administration may adjust energy storage system qualifications across program years.

.05 Qualifying Program Participant.

A. Qualifying energy storage program participants may include:

(1) Residential taxpayers who purchase and install an energy storage system for a residential property which they own; or

(2) Commercial taxpayers who purchase and install an energy storage system for a commercial property which they own.

B. Taxpayers that have already claimed an energy storage systems income tax credit as part of this program are ineligible for additional energy storage systems income tax credits for the same taxable year.

C. Addresses where energy storage systems income tax credits have already been claimed, including multifamily properties, are ineligible for additional energy storage income tax credits from this program.

D. An energy storage systems income tax credit cannot be claimed for an electric vehicle.

E. The Administration may adjust program participant qualifications across program years.

.06 Amount of Tax Credit.

An individual or corporation that receives a credit certificate from the Administration may claim a credit against the individual’s or corporation’s State income tax for a specified taxable year in an amount that may not exceed the lessor of:

A. For a qualifying energy storage system installed:

(1) On a residential property, $5,000;

(2) On a commercial property, $75,000; or

(3) 30 percent of the total installed costs of the qualifying energy storage system.

B. The Administration may bifurcate the annual program budget to allow for a funding allocation for both residential and commercial participants.

.07 Application Process for a Credit Certification.

A. An individual or corporation interested in qualifying for a credit certification may be asked to provide some or all, at the sole discretion of the Administration, of the following information to the Administration:

(1) Name, address, email address, and phone number of the applicant's authorized representative;

(2) Estimated gross income of property owner for a residential participant, or gross revenue for a commercial participant;

(3) Estimated tax liability;

(4) Property physical address and proof of ownership of property;

(5) Description of the qualifying energy storage system being proposed for use at the facility and an explanation of how it offsets electricity when discharging;

(6) Name and contact information of the developer/installer;

(7) Whether or not the energy storage system will participate in wholesale energy markets;

(8) Anticipated cost of the qualifying energy storage system;

(9) Expected life of the qualifying energy storage system;

(10) Anticipated in-service date for the qualifying energy storage system;

(11) Anticipated capacity factor of the qualifying energy storage system;

(12) Energy storage duration;

(13) Energy density;

(14) Energy storage system power density;

(15) Documentation verifying that the energy storage system has been installed and is operational, which includes copies of local electrical permits, inspection approvals, equipment certified by a nationally recognized testing laboratory, the results of any performance testing, and any other applicable documentation; and

(16) Any other information the Administration considers necessary to process the application.

B. The Administration shall issue credit certificates on a first-come, first-served basis once it has determined the application is complete and verifies the information provided by the applicant.

C. The Administration may bifurcate the application process as necessary into more than one step.

D. The Administration may not issue a credit certification of more than $75,000 for a commercial property or $5,000 for a residential property, and the Administration may not issue a total amount of credits totaling more than $750,000 in any taxable year.

.08 Unused Credit.

If the credit allowed under this chapter in any taxable year exceeds the State income tax otherwise payable by the individual or corporation for that taxable year, any unused credit may not be claimed for another taxable year.

.09 Program Termination.

The Administration may not issue a certificate for a qualifying energy storage system installed after December 31, 2022.

MARY BETH TUNG, Ph.D.
Director

 

Title 17
DEPARTMENT OF BUDGET AND MANAGEMENT

Subtitle 04 PERSONNEL SERVICES AND BENEFITS

17.04.03 Selection and Appointments of Eligibles and Notification to Secretary

Authority: State Personnel and Pensions Article, [§4-106] §7-104 and Titles 4, 6, 11, and 13, Annotated Code of Maryland

Notice of Proposed Action

[18-147-P]

     The Secretary of Budget and Management proposes to amend Regulation .10 under COMAR 17.04.03 Recruitment, Examinations, Selections, and Employment.

 

 

Statement of Purpose

The purpose of this action is to comply with IRS requirements regarding background investigations for employees who have access to federal tax information.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

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 Jennifer P Hine, Personnel Director, Department of Budget and Management, 301 W. Preston Street, Room 705, Baltimore, MD 21201, or call 410-767-4718, or email to jennifer.hine@maryland.gov, or fax to 410-333-7671. Comments will be accepted through July 9, 2018. A public hearing has not been scheduled.

.10 Selection and Appointment of Eligibles and Notification to Secretary.

A. — B. (text unchanged)

C. Background Investigations.

(1) (text unchanged)

(2) An individual who is a prospective or current employee for a position for which the job duties include access to federal tax information may be deemed to have failed a background investigation or criminal history records check if that individual’s background investigation or criminal history records check  reveals a record of conviction for crimes of fraud, theft, or any other conviction that the appointing authority has reason to believe makes the individual unfit or otherwise unqualified to have access to federal tax information.

[(2)] (3)[(3)] (4) (text unchanged)

D. (text unchanged)

DAVID R. BRINKLEY
Secretary of Budget and Management

 

Title 36
MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY

Notice of Proposed Action

[18-145-P]

The Maryland State Lottery and Gaming Control Agency proposes to amend:

(1) Regulation .03 under COMAR 36.03.08 Collection of Taxes, Fees, and Penalties; and

(2) Regulations .01 and .03 under COMAR 36.07.01 General.

This action was considered at the Maryland Lottery and Gaming Control Commission open meeting held on April 26, 2018, notice of which was given pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland.

 

Statement of Purpose

The purpose of this action is to:

(1) Implement Ch. 299, Acts of 2018 (HB 1171 Gaming — State Lottery and Gaming Control Commission — Regulation of Reconciliation of Proceeds), which amends the definition of “proceeds” in State Government Article, §9-1A-01(u), Annotated Code of Maryland, and thus allows a video lottery operation licensee to reduce the amount of proceeds when a video lottery operation licensee returns to successful players more than the amount of money bet through video lottery terminals or table games for up to seven following days; and

(2) Implement Ch. 10, §23, Acts of 2018 (SB 187 Budget Reconciliation and Financing Act of 2018), which clarifies the Maryland General Assembly’s intent that a licensed instant bingo operator using electronic machines “be authorized to operate any electronic machine approved by the . . . Commission for use by any other entity authorized . . . to operate a game of instant bingo using electronic machines.”

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed amendments to COMAR 36.03.08 implement a change in the existing law and may have a positive effect on casino revenues over the long term, but the Maryland Lottery and Gaming Control Agency is unable to quantify an exact amount.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency:

NONE

B. On other State agencies:

NONE

C. On local governments:

Local impact grants

(R-)

Minimal

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

Casino revenue

(+)

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.)

C. Revenue for local impact grants could decrease from video lottery operation licensees carrying over table game losses.

D. With this statutory change to the existing law, it is believed that the proposed amendments to COMAR 36.03.08.03 will enable the casinos to attract higher stakes players, thereby increasing the casino’s revenues and tax contribution to the State, with an expectation that overall revenues will increase.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to James B. Butler, Managing Director, Organizational Compliance, Maryland Lottery and Gaming Control Agency, 1800 Washington Blvd., Suite 330, Baltimore, MD 21230, or call (410) 230-8781, or email to jbutler@maryland.gov, or fax to (410) 230-8727. Comments will be accepted through July 9, 2018. A public hearing has not been scheduled.

 

Subtitle 03 GAMING PROVISIONS

36.03.08 Collection of Taxes, Fees, and Penalties

Authority: State Government Article, §§9-1A-01, 9-1A-04, 9-1A-26, and
9-1A-33, Annotated Code of Maryland

.03 Obligation to Pay.

A.—B. (text unchanged) 

C. Reconciliation of Proceeds.

(1) (text unchanged) 

(2) If a facility operator returns to successful players more than the amount of money bet through video lottery terminal or table game play on a gaming day, the facility operator may subtract the difference between the amount bet and the amount returned to players from its proceeds of [the next consecutive] up to seven following gaming [day] days.

[(3) A facility operator may:

(a) Subtract the total difference described in §C(2) of this regulation for the following consecutive gaming day; and

(b) If the total difference described in §C(2) of this regulation exceeds the amount of proceeds for the following consecutive gaming day, continue to subtract the remaining difference after the first day for up to one additional consecutive gaming day.

[(4)] (3) A facility operator may not subtract losses pursuant to [§C(3)] §C(2) of this regulation for more than [two] 7 consecutive gaming days.

 

Subtitle 07 INSTANT BINGO MACHINES IN ANNE ARUNDEL AND CALVERT COUNTIES

36.07.01 General

Authority: Criminal Law Article, §§12-301.1 and 12-308; State Government Article, §9-110; Annotated Code of Maryland; Ch. 603, §6, Acts of 2012;
Ch. 10, §23, Acts of 2018

.01 Scope.

A. (text unchanged)

B. Instant bingo machines and facilities regulated under this subtitle are permitted to operate only if:

(1) — (2) (text unchanged)

(3) The instant bingo machines:

(a) [are] Are operated in the same manner as those that were in operation at that individual instant bingo facility on July 1, 2007; or

(b) Have been approved by the Commission for use by any other entity authorized to operate an instant bingo machine.

C.—D. (text unchanged) 

.03 Repair and Replacement.

A. A facility license holder may repair and replace its instant bingo machines provided that documentation has been submitted to the Commission that evidences, to the satisfaction of the Commission, that:

(1) The machines:

(a) [operate] Operate in the same manner as any that were in operation by that licensee on [February 28, 2008; and] July 1, 2017; or

(b) Have been approved by the Commission for use by any other entity authorized to operate an instant bingo machine; and

(2) (text unchanged) 

B.—E. (text unchanged) 

GORDON MEDENICA
Director

 

Errata

COMAR 08.02

At 45:11 Md. R. 577 (May 25, 2018), column 1, line 6 from the bottom:

For:       Emergency status expires: November 12, 2018.

Read:          Emergency status expires: October 12, 2018.

[18-12-23]

 

COMAR 11.04.05

At 45:10 Md. R. 511 (May 11, 2018), column 2, lines 15 — 17 from the top:

For:       CHRISTINE NIZER

              Administrator

              Motor Vehicle Administration

Read:          GREGORY L. SLATER

              Administrator

              State Highway Administration

[18-12-25]

 

 

Special Documents

 

DEPARTMENT OF THE ENVIRONMENT

SUSQUEHANNA RIVER BASIN COMMISSION

Projects Approved for Consumptive Uses of Water

 

AGENCY:  Susquehanna River Basin Commission.

 

ACTION:  Notice.

 

SUMMARY:  This notice lists the projects approved by rule by the Susquehanna River Basin Commission during the period set forth in “DATES.”

 

DATES:  March 1-31, 2018.

 

ADDRESSES:  Susquehanna River Basin Commission, 4423 North Front Street, Harrisburg, PA  17110-1788.

 

FOR FURTHER INFORMATION CONTACT:  Jason E. Oyler, General Counsel, 717-238-0423, ext. 1312, joyler@srbc.net. Regular mail inquiries may be sent to the above address.

 

SUPPLEMENTARY INFORMATION:  This notice lists the projects, described below, receiving approval for the consumptive use of water pursuant to the Commission’s approval by rule process set forth in 18 CFR §806.22(e) and §806.22 (f) for the time period specified above:

 

Approvals By Rule Issued Under 18 CFR 806.22(f):

SWN Production Company, LLC, Pad ID: Marichini-Zingieser (Pad 9), ABR-201303012.R1, Herrick Township, Bradford County, Pa.; Consumptive Use of Up to 4.9990 mgd; Approval Date: March 5, 2018.

Repsol Oil & Gas USA, LLC, Pad ID: MONRO (03 142) G, ABR-201803001, Columbia Township, Bradford County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: March 12, 2018.

SWN Production Company, LLC, Pad ID: TI-20 Fall Creek B, ABR-201803002, Liberty Township, Tioga County, Pa.; Consumptive Use of Up to 4.9990 mgd; Approval Date: March 20, 2018.

SWN Production Company, LLC, Pad ID: TI-17 Hoffman, ABR-201803003, Liberty Township, Tioga County, Pa.; Consumptive Use of Up to 4.9990 mgd; Approval Date: March 20, 2018.

SWN Production Company, LLC, Pad ID: TI-23 Camp Woodhouse, ABR-201803004, Morris Township, Tioga County, Pa.; Consumptive Use of Up to 4.9990 mgd; Approval Date: March 20, 2018.

SWN Production Company, LLC, Pad ID: TI-25 Long Run Timber A, ABR-201803005, Morris Township, Tioga County, Pa.; Consumptive Use of Up to 4.9990 mgd; Approval Date: March 20, 2018.

Pennsylvania General Energy Company, L.L.C., Pad ID: COP Tract 322 Pad C, ABR-201304006.R1, Cummings Township, Lycoming County, Pa.; Consumptive Use of Up to 4.5000 mgd; Approval Date: March 21, 2018.

Pennsylvania General Energy Company, L.L.C., Pad ID: SGL75 PAD B, ABR-201308004.R1, McHenry Township, Lycoming County, Pa.; Consumptive Use of Up to 4.5000 mgd; Approval Date: March 21, 2018.

Cabot Oil & Gas Corporation, Pad ID: MolnarM P1, ABR-201303007.R1, Brooklyn and Lathrop Townships, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: March 22, 2018.

Cabot Oil & Gas Corporation, Pad ID: CastrogiovanniaA P3, ABR-201303011.R1, Bridgewater Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: March 22, 2018.

Cabot Oil & Gas Corporation, Pad ID: CarpenettiR P1, ABR-201303014.R1, Lathrop Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: March 22, 2018.

Cabot Oil & Gas Corporation, Pad ID: PritchardD P1, ABR-201304005.R1, Hartford Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: March 22, 2018.

SWN Production Company, LLC, Pad ID: FLICKS RUN EAST PAD, ABR-201302003.R1, Cogan House Township, Lycoming County, Pa.; Consumptive Use of Up to 4.9990 mgd; Approval Date: March 23, 2018.

SWN Production Company, LLC, Pad ID: DRANN PAD, ABR-201303006.R1, New Milford and Great Bend Townships, Susquehanna County, Pa.; Consumptive Use of Up to 4.9990 mgd; Approval Date: March 27, 2018.

Chief Oil & Gas, LLC, Pad ID: Lathrop Farm Trust B Drilling Pad, ABR-201309009.R1, Auburn Township, Susquehanna County, Pa.; Consumptive Use of Up to 2.0000 mgd; Approval Date: March 27, 2018.

JKLM Energy, LLC, Pad ID: Headwaters 146, ABR-201803006, Ulysses Township, Potter County, Pa.; Consumptive Use of Up to 3.2000 mgd; Approval Date: March 27, 2018.

Chief Oil & Gas, LLC, Pad ID: SGL 36 Drilling Pad, ABR-201803007, Overton Township, Bradford County, Pa.; Consumptive Use of Up to 2.5000 mgd; Approval Date: March 27, 2018.

SWN Production Company, LLC, Pad ID: McMahon (VW Pad), ABR-201304003R1, Stevens Township, Bradford County, Pa.; Consumptive Use of Up to 4.9990 mgd; Approval Date: March 30, 2018.

 

AUTHORITY:  Pub. L. 91-575, 84 Stat. 1509 et seq., 18 CFR Parts 806, 807, and 808.

 

Dated:  April 20, 2018

STEPHANIE L. RICHARDSON
Secretary to the Commission

[18-12-10]

 

SUSQUEHANNA RIVER BASIN COMMISSION

Public Hearing

 

AGENCY:  Susquehanna River Basin Commission.

 

ACTION:  Notice.

 
SUMMARY:  The Susquehanna River Basin Commission will hold a public hearing on May 10, 2018, in Harrisburg, Pennsylvania. At this public hearing, the Commission will hear testimony on the projects listed in the Supplementary Information section of this notice. The Commission will also hear testimony on a proposed records retention policy, as well as proposals to amend its Regulatory Program Fee Schedule and the Comprehensive Plan for the Water Resources of the Susquehanna River Basin. Such projects and proposals are intended to be scheduled for Commission action at its next business meeting, tentatively scheduled for June 15, 2018, which will be noticed separately. The public should take note that this public hearing will be the only opportunity to offer oral comment to the Commission for the listed projects and proposals. The deadline for the submission of written comments is May 21, 2018.

 

DATES:  The public hearing will convene on May 10, 2018, at 2:30 p.m.  The public hearing will end at 5:00 p.m. or at the conclusion of public testimony, whichever is sooner.  The deadline for the submission of written comments is May 21, 2018.

 

ADDRESSES:  The public hearing will be conducted at the Pennsylvania State Capitol, Room 8E-B, East Wing, Commonwealth Avenue, Harrisburg, Pa.

 
FOR FURTHER INFORMATION CONTACT:  Jason Oyler, General Counsel, telephone:  (717) 238-0423, ext. 1312; fax:  (717) 238-2436.  

Information concerning the applications for these projects is available at the SRBC Water Application and Approval Viewer at http://mdw.srbc.net/waav. Additional supporting documents are available to inspect and copy in accordance with the Commission’s Access to Records Policy at www.srbc.net/pubinfo/docs/2009-02_Access_to_Records_Policy_20140115.pdf.

 

SUPPLEMENTARY INFORMATION: The public hearing will cover a proposed records retention policy, as well as proposed amendments to the Commission’s Regulatory Program Fee Schedule and the Comprehensive Plan for
the Water Resources of the Susquehanna River Basin
, as posted on the SRBC Public Participation Center webpage at www.srbc.net/pubinfo/publicparticipation.htm. The public hearing will also cover the following projects:

 

Projects Scheduled for Action:

Project Sponsor and Facility:  Brymac, Inc. dba Mountain View Country Club (Pond 3/4), Harris Township, Centre County, Pa.  Application for surface water withdrawal of up to 0.240 mgd (peak day). 

Project Sponsor and Facility:  Dillsburg Area Authority, Franklin Township, York County, Pa.  Modification to increase groundwater withdrawal by an additional 0.099 mgd (30-day average), for a total groundwater withdrawal of up to 0.200 mgd (30-day average) from Well 3 (Docket No. 20081207).

Project Sponsor and Facility:  Healthy Properties, Inc. (Sugar Creek), North Towanda Township, Bradford County, Pa.  Application for renewal of surface water withdrawal of up to 0.999 mgd (peak day) (Docket No. 20140602).

Project Sponsor and Facility:  LDG Innovation, LLC (Tioga River), Lawrenceville Borough, Tioga County, Pa.  Application for renewal of surface water withdrawal of up to 0.750 mgd (peak day) (Docket No. 20140604).

Project Sponsor and Facility:  Lycoming Engines, a Division of Avco Corporation, City of Williamsport, Lycoming County, Pa.  Application for renewal of groundwater withdrawal of up to 1.440 mgd (30-day average) for groundwater remediation system (Docket No. 19880203).

Project Sponsor and Facility:  Mountain Energy Services, Inc. (Tunkhannock Creek), Tunkhannock Township, Wyoming County, Pa.  Application for renewal of surface water withdrawal of up to 1.498 mgd (peak day) (Docket No. 20140606).

Project Sponsor and Facility:  Niagara H2O Company (Susquehanna River), Towanda Township, Bradford County, Pa.  Application for surface water withdrawal of up to 1.500 mgd (peak day). 

Project Sponsor and Facility:  Northeast Marcellus Aqua Midstream I, LLC (Susquehanna River), Tunkhannock Township, Wyoming County, Pa.  Application for surface water withdrawal of up to 5.000 mgd (peak day). 

Project Sponsor and Facility:  Pennsylvania General Energy Company, L.L.C. (Pine Creek), Watson Township, Lycoming County, Pa.  Application for renewal of surface water withdrawal of up to 0.918 mgd (peak day) (Docket No. 20140609).

Project Sponsor and Facility:  Pro-Environmental, LLC (Martins Creek), Lathrop Township, Susquehanna County, Pa.  Application for renewal of surface water withdrawal of up to 0.999 mgd (peak day) (Docket No. 20140610).

Project Sponsor and Facility:  Repsol Oil & Gas USA, LLC (Fall Brook), Troy Township, Bradford County, Pa.  Application for renewal of surface water withdrawal of up to 0.176 mgd (peak day) (Docket No. 20140615).

Project Sponsor and Facility:  Repsol Oil & Gas USA, LLC (Unnamed Tributary to North Branch Sugar Creek), Columbia Township, Bradford County, Pa.  Application for renewal of surface water withdrawal of up to 0.926 mgd (peak day) (Docket No. 20140616).

Project Sponsor:  SUEZ Water Pennsylvania Inc.  Project Facility:  Center Square Operation, Upper Allen Township, Cumberland County, Pa.  Application for groundwater withdrawal of up to 0.107 mgd (30-day average) from Well 1.

Project Sponsor:  SUEZ Water Pennsylvania Inc.  Project Facility:  Center Square Operation, Upper Allen Township, Cumberland County, Pa.  Application for renewal of groundwater withdrawal of up to 0.379 mgd (30-day average) from Well 2 (Docket No. 19861104).

Project Sponsor and Facility:  Sugar Hollow Water Services LLC (Bowman Creek), Eaton Township, Wyoming County, Pa.  Application for renewal of surface water withdrawal of up to 0.249 mgd (peak day) (Docket No. 20140612).

Project Sponsor and Facility:  Susquehanna Gas Field Services, LLC, Meshoppen Borough, Wyoming County, Pa.  Application for renewal of groundwater withdrawal of up to 0.216 mgd (30-day average) from the Meshoppen Pizza Well (Docket No. 20140613).

Project Sponsor and Facility:  Susquehanna Gas Field Services, LLC (Susquehanna River), Meshoppen Township, Wyoming County, Pa.  Application for renewal of surface water withdrawal of up to 1.650 mgd (peak day) (Docket No. 20140614).

Project Sponsor and Facility:  Togg Mountain LLC, Town of Fabius, Onondaga County, N.Y.  Application for consumptive use of up to 0.485 mgd (peak day). 

Project Sponsor and Facility:  Togg Mountain LLC (West Branch of Tioughnioga Creek), Town of Fabius, Onondaga County, N.Y.  Application for surface water withdrawal of up to 2.200 mgd (peak day). 

Project Sponsor and Facility:  Town of Vestal, Broome County, N.Y.  Application for renewal of groundwater withdrawal of up to 1.440 mgd (30-day average) from Well 4-4 (Docket No. 19810508). 

 

Opportunity to Appear and Comment:

                    Interested parties may appear at the hearing to offer comments to the Commission on any project or proposal listed above. The presiding officer reserves the right to limit oral statements in the interest of time and to otherwise control the course of the hearing. Guidelines for the public hearing will be posted on the Commission’s website, www.srbc.net, prior to the hearing for review. The presiding officer reserves the right to modify or supplement such guidelines at the hearing. Written comments on any project or proposal listed above may also be mailed to Mr. Jason Oyler, General Counsel, Susquehanna River Basin Commission, 4423 North Front Street, Harrisburg, Pa. 17110-1788, or submitted electronically through www.srbc.net/pubinfo/publicparticipation.htm. Comments mailed or electronically submitted must be received by the Commission on or before May 21, 2018, to be considered.

 

AUTHORITY:  Pub. L. 91-575, 84 Stat. 1509 et seq., 18 CFR Parts 806, 807, and 808.

 

Dated:  April 6, 2018.

STEPHANIE L. RICHARDSON
Secretary to the Commission

 

[18-12-16]

 

General Notices

 

Notice of ADA Compliance

   The State of Maryland is committed to ensuring that individuals with disabilities are able to fully participate in public meetings.  Anyone planning to attend a meeting announced below who wishes to receive auxiliary aids, services, or accommodations is invited to contact the agency representative at least 48 hours in advance, at the telephone number listed in the notice or through Maryland Relay.

 

DEPARTMENT OF THE ENVIRONMENT/AIR AND RADIATION ADMINISTRATION

Subject: Public Notice of Air Quality Rules and Regulations Process

Date and Time: July 2, 2018, 10 — 11 a.m.

Place: Maryland Department of the Environment, 1800 Washington Blvd., 1st Fl. Conf. Rm., Baltimore, MD

Add'l. Info: The Maryland Department of the Environment (MDE) gives notice of a public hearing concerning the State of Maryland 0.075 ppm 8-Hour Ozone Nitrogen Oxide Reasonably Available Control Technology (RACT) State Implementation Plan.

This document consists of Maryland’s State Implementation Plan (SIP) Revision developed for the purpose of meeting the RACT requirements set forth by the Clean Air Act (CAA), as the requirements apply to the 0.075 ppm 8-hour ozone National Ambient Air Quality Standard (NAAQS). This document is a revised and updated version of the RACT SIP that Maryland submitted in 2011, in response to the 1997 0.080 ppm 8-hr ozone standard.

The public hearing will be held on July 2, 2018 at 10 a.m. at the Maryland Department of the Environment located at 1800 Washington Blvd, First Floor Conference Room, Baltimore, Maryland, 21230.

The public hearing will be held as required by federal law (Clean Air Act at 42 U.S.C. 7410 (a) and 40 CFR 51.102). After consideration of comments received, the plan will be finalized and submitted to the United States Environmental Protection Agency (EPA) for approval.

The proposed plan document has been made available on the Maryland Department of the Environment’s website at:

http://mde.maryland.gov/programs/Air/AirQualityPlanning/Pages/index.aspx

Note: the public library systems in the region can be used for Internet access to view the document.

Copies of the document can be viewed at the offices of the Maryland Department of the Environment, Air and Radiation Administration, 1800 Washington Boulevard, Suite 730, Baltimore, Maryland.  For more information, contact Alexandra Brun at (410) 537-3252.

Comments may be sent to Alexandra Brun, Maryland Department of the Environment, Air and Radiation Administration, 1800 Washington Boulevard, Suite 730, Baltimore, MD, 21230 or emailed to alexandra.brun@maryland.gov. Comments must be received by 5 p.m. on July 2, 2018 or be submitted at the hearing.

Persons in need of special accommodations should contact the Department's Office of Fair Practices at (410) 537-3964 at least 5 business days in advance of the hearing. TTY users should contact the Department through the Maryland Relay Service at 1-(800) 735-2258.

For more information, contact Alexandra Brun at (410) 537-3252 (toll-free in Maryland call 1-(800) 633-6101 ext. 3252) or via email at alexandra.brun@maryland.gov.

Contact: Alexandra Brun  (410) 537-3252

[18-12-18]

 

FIRE PREVENTION COMMISSION

Subject: Public Meeting

Date and Time: June 19, 2018, 1:30 p.m.

Place: Roland Powell Convention Center, 4001 Coastal Hwy., Mezzanine Board Rm. #201, Ocean City, MD

Add'l. Info: Portions of the meeting may be held in closed session.

Contact: Heidi Ritchie (877) 890-0199

[18-12-09]

 

DEPARTMENT OF INFORMATION TECHNOLOGY

Subject: Public Meeting

Date and Time: June 20, 2018, 1 — 3 p.m.

Place: 100 Community Pl., 1st Fl. Conf. Rm., Side B, Crownsville, MD

Add'l. Info: Quarterly Statewide Interoperability Radio Control Board Meeting

Contact: Brittany Brothers (410) 697-9407

[18-12-24]

 

MARYLAND STATE LOTTERY AND GAMING CONTROL COMMISSION

Subject: Public Meeting

Date and Time: June 28, 2018, 10 a.m. — 12 p.m.

Place: Montgomery Park Business Center, 1800 Washington Blvd., Communications Studio, Baltimore, MD

Contact: Kathy L. Lingo (410) 230-8790

[18-12-08]

 

MARYLAND HEALTH CARE COMMISSION

Subject: Public Meeting

Date and Time: June 21, 2018, 1 — 4 p.m.

Place: 4160 Patterson Ave., Baltimore, MD

Contact: Valerie Wooding (410) 764-3570

[18-12-03]

 

MARYLAND HEALTH CARE COMMISSION

Subject: Public Meeting

Date and Time: July 19, 2018, 1 — 4 p.m.

Place: 4160 Patterson Ave., Baltimore, MD

Contact: Valerie Wooding (410) 764-3570

[18-12-04]

 

MARYLAND HEALTH CARE COMMISSION

Subject: Formal Start of Review

Add'l. Info: The Maryland Health Care Commission (MHCC) hereby gives notice of docketing of two separate applications for Certificate of Need:

Lorien Nursing & Rehabilitation Center-Columbia — Docket No.  18-13-2418 — Renovations to the facility and the addition of 40 comprehensive care beds; Estimated Project Cost: $1,287,000.

Joseph Richey House t/a Gilchrist Center Baltimore — Docket No. 17-24-2412 — Relocation of 30 inpatient and residential hospice beds from the Joseph Richey House at 828 E. Eutaw Street to a new location to Stadium Place on 33rd Street, Baltimore; Estimated Project Cost: $10,398,950.

MHCC shall review the application under Health-General Article, §19-101 et seq., Annotated Code of Maryland, COMAR 10.24.01, and the applicable State Health Plan standards.

Any affected person may make a written request to the Commission to receive copies of relevant notices concerning the applications. All further notices of proceedings on the applications will be sent only to affected persons who have registered as interested parties.

Persons desiring to become interested parties in the Commission’s review of the above-referenced applications must meet the requirements of COMAR 10.24.01.01B(2) and (20) and must also submit written comments to the Commission no later than close of business July 9, 2018. These comments must state with particularity the State Health Plan standards or review criteria that you believe have not been met by the applicants as stated in COMAR 10.24.01.08F.

Please refer to the Docket Number listed above in any correspondence on the applications. Copies of the applications are available for review in the office of MHCC during regular business hours by appointment. All correspondence should be addressed to Paul E. Parker, Director, Center for Health Care Facilities Planning & Development, Maryland Health Care Commission, 4160 Patterson Avenue, Baltimore, Maryland 21215.

Contact: Ruby Potter (410) 764-3276

[18-12-12]

 

MARYLAND HEALTH CARE COMMISSION

Subject: Notice of Partial Closure of a Hospital Pursuant to COMAR 10.24.01.03.B

Add'l. Info: The Maryland Health Care Commission has received notice that Western Maryland Regional Medical Center plans to end its provision of inpatient pediatric services effective August 1, 2018. The hospital will continue to provide outpatient services to pediatric patients, including emergency department services and observation services.

A copy of the notice is available for review at MHCC offices during regular business hours and can also be accessed via the link provided below.

http://mhcc.maryland.gov/mhcc/pages/hcfs/hcfs_con/documents/Exemptions/con_notice_western_md_pediatric_closure_20180518.pdf

Any correspondence on this matter should be addressed to Paul Parker, Director, Health Care Facilities Planning and Development, Maryland Health Care Commission, 4160 Patterson Avenue, Baltimore, Maryland  21215-2299.

Contact: Ruby Potter (410) 764-3276

[18-12-17]

 

BOARD OF OCCUPATIONAL THERAPY PRACTICE

Subject: Public Meeting

Date and Time: June 15, 2018, 9 a.m. — 12 p.m.

Place: Spring Grove Hospital Campus, Bland Bryant Bldg., 55 Wade Ave., 4th Fl., Catonsville, MD

Add'l. Info: Health Occupations Article, Title 10, Annotated Code of Maryland, and COMAR 10.46 amendments, additions, and revisions, including fee changes, may be discussed/voted on. Budget information may also be discussed. It may be necessary to go into executive session. Sign language interpreters and/or appropriate accommodations for qualified individuals with disabilities will be provided upon request. Please call 1-800-735-2255. The meeting may take place by teleconference. Please call the office to confirm.

Contact: Lauren Murray (410) 402-8556

[18-12-06]

 

RACING COMMISSION

Subject: Public Meeting

Date and Time: June 28, 2018, 12 — 1 p.m.

Place: Laurel Park, Laurel, MD

Contact: J. Michael Hopkins (410) 296-9682

[18-12-02]

 

MARYLAND COLLEGE COLLABORATION FOR STUDENT VETERANS COMMISSION

Subject: Public Meeting

Date and Time: June 19, 2018, 11 a.m. — 1 p.m.

Place: 11868 College Backbone Rd., Princess Anne, MD

Contact: Denise Nooe (410) 260-3840

[18-12-07]

 

BOARD OF WELL DRILLERS

Subject: Public Meeting

Date and Time: June 27, 2018, 9 a.m. — 1 p.m.

Place: 1800 Washington Blvd., Baltimore, MD

Add'l. Info: A portion of this meeting may be held in closed session.

Contact: Elaine Nolen (410) 537-4466

[18-12-01]

 

WORKERS' COMPENSATION COMMISSION

Subject: Public Meeting

Date and Time: June 28, 2018, 9:30 — 11:30 a.m.

Place: 10 E. Baltimore St., Baltimore, MD

Add'l. Info: Portions of this meeting may be held in closed session.

Contact: Amy Lackington (410) 864-5300

[18-12-05]