Capitol Building Maryland Register

Issue Date: October 26, 2018

Volume 45 • Issue 22 • Pages 1017-1058

IN THIS ISSUE

Judiciary

Open Meetings and Compliance Board

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Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before October 5, 2018 5 p.m.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 October 5, 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 ....................................................................  1020

 

COMAR Research Aids

Table of Pending Proposals .........................................................  1021

 

Index of COMAR Titles Affected in This Issue

COMAR Title Number and Name                                                  Page

08        Department of Natural Resources ....................................  1029

09        Department of Labor, Licensing, and Regulation ...  1027, 1030

10        Maryland Department of Health .......................................  1031

13B     Maryland Higher Education Commission ........................  1033

14        Independent Agencies ......................................................  1027

18        Department of Assessments and Taxation .......................  1027

26        Department of the Environment .......................................  1036

30        Maryland Institute for Emergency Medical Services
Systems (MIEMSS) ....................................................  1028

 

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.

 

Open Meetings Compliance Board

SUMMARY OF OPINIONS ISSUED FROM JULY 1 —
   SEPTEMBER 30, 2018
....................................................  1024

 

The Judiciary

COURT OF APPEALS OF MARYLAND

DISCIPLINARY PROCEEDINGS ...................................  1026

 

Final Action on Regulations

09  DEPARTMENT OF LABOR, LICENSING, AND
   REGULATION

BOARD OF COSMETOLOGISTS

General Regulations .  1027

14  INDEPENDENT AGENCIES

COMMISSION ON CRIMINAL SENTENCING POLICY

General Regulations .  1027

Criminal Offenses and Seriousness Categories .  1027

18  DEPARTMENT OF ASSESSMENTS AND TAXATION

REAL PROPERTY ASSESSMENTS

Valuation .  1027

BUSINESS ORGANIZATIONS

Good Standing Status .  1027

Administration of Maryland Revised Uniform Limited
   Partnership Act  1028

Revival or Reinstatement of Entity Charters or Authority to
   Do Business .  1028

30  MARYLAND INSTITUTE FOR EMERGENCY
   MEDICAL SERVICES SYSTEMS (MIEMSS)

GENERAL

Documents Incorporated by Reference .  1028

 

Proposed Action on Regulations

08  DEPARTMENT OF NATURAL RESOURCES

FISHERIES SERVICE

Oysters .  1029

Shell Recycling Tax Credit  1030

09  DEPARTMENT OF LABOR, LICENSING, AND
   REGULATION

OFFICE OF THE SECRETARY

Regulation of Units to Prevent Anticompetitive
   Actions .  1030

BOARD OF BARBERS

General Regulations .  1031

10  MARYLAND DEPARTMENT OF HEALTH

BOARD OF MASSAGE THERAPY EXAMINERS

General Regulations .  1031

12 DEPARTMENT OF PUBLIC SAFETY AND
   CORRECTIONAL SERVICES

POLICE TRAINING AND STANDARDS COMMISSION

General Regulations

Correction to Notice of Open Meeting .  1033

13B MARYLAND HIGHER EDUCATION COMMISSION

FINANCIAL AID

Workforce Development Sequence Scholarship .  1033

26  DEPARTMENT OF THE ENVIRONMENT

MARYLAND CO2 BUDGET TRADING PROGRAM

General Administrative Provisions .  1036

Applicability, Determining Compliance, and Allowance
   Distribution .  1036

Offset Projects .  1036

Auctions .  1036

 

Errata

COMAR Title 10 .  1049

 

Special Documents

DEPARTMENT OF THE ENVIRONMENT

SUSQUEHANNA RIVER BASIN COMMISSION

Public Hearing .  1050

Projects Approved for Minor Modifications .  1051

Projects Approved for Consumptive Uses of Water  1052

Projects Rescinded for Consumptive Uses of Water  1052

Projects Approved for Consumptive Uses of Water  1053

MARYLAND HEALTH CARE COMMISSION

SCHEDULE FOR CERTIFICATE OF ONGOING
   PERFORMANCE REVIEWS

Percutaneous Coronary Intervention Services .  1054

 

General Notices

COMMISSION ON CRIMINAL SENTENCING POLICY

Public Hearing .  1055

Public Meeting .  1055

BOARD OF DIETETIC PRACTICE

Public Meeting .  1055

EMERGENCY MEDICAL SERVICES BOARD

Public Meeting .  1055

EMERGENCY MEDICAL SERVICES ADVISORY
   COUNCIL

Public Meeting .  1055

MARYLAND DEPARTMENT OF HEALTH

Public Hearing .  1055

Public Hearing .  1055

MARYLAND DEPARTMENT OF HEALTH/ TASK FORCE
   TO STUDY ACCESS TO HOME HEALTH CARE FOR
   CHILDREN AND ADULTS

Public Meeting .  1056

MARYLAND INSURANCE ADMINISTRATION

Public Hearing .  1056

MARYLAND DEPARTMENT LABOR, LICENSING, AND
   REGULATION, SECONDHAND PRECIOUS METAL
   OBJECT DEALER AND PAWNBROKER LICENSING
   PROGRAM

Public Hearing .  1056

MARYLAND STATE LOTTERY AND GAMING CONTROL
   COMMISSION

Public Meeting .  1056

MARYLAND COMMISSION ON ARTISTIC PROPERTY

Public Meeting .  1057

MARYLAND HEALTH CARE COMMISSION

Public Meeting .  1057

Receipt of Application .  1057

DEPARTMENT OF NATURAL RESOURCES/FISHING AND
   BOATING SERVICES

Public Notice — 2018 Atlantic Ocean Commercial Striped
   Bass Transfer Rules — Effective October 9, 2018 .  1057

RACING COMMISSION

Public Meeting .  1057

BOARD OF WELL DRILLERS

Public Meeting .  1057

WORKERS' COMPENSATION COMMISSION

Public Meeting .  1057

DIVISION OF WORKFORCE DEVELOPMENT AND
   ADULT LEARNING/MARYLAND APPRENTICESHIP
   AND TRAINING COUNCIL

Public Meeting .  1057

 

 

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 July 2019

 

Issue
Date

Emergency

and Proposed

Regulations

5 p.m.*

Final

Regulations

10:30 a.m.

Notices, etc.

10:30 a.m.

2018

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

February 1

January 14

January 23

January 18**

February 15

January 28

February 6

February 4

March 1

February 11

February 20

February 15**

March 15

February 25

March 6

March 4

March 29

March 11

March 20

March 18

April 12

March 25

April 3

April 1

April 26

April 8

April 17

April 15

May 10

April 22

May 1

April 29

May 24

May 6

May 15

May 13

June 7

May 20

May 29

May 24**

June 21

June 3

June 12

June 10

July 5

June 17

June 26

June 24

July 19

July 1

July 10

July 22

 

*   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.

 

 



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.

 


03 COMPTROLLER OF THE TREASURY

 

03.03.05.04 • 45:18 Md. R. 835 (8-31-18)

03.06.01.33 • 45:19 Md. R. 867 (9-14-18)

 

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)

 

08 DEPARTMENT OF NATURAL RESOURCES

 

08.02.04.05 • 45:22 Md. R. 1029 (10-26-18)

08.02.21.03 • 45:20 Md. R. 922 (9-28-18)

08.02.26.03 • 45:22 Md. R. 1030 (10-26-18)

 

09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION

 

09.01.13.01 • 45:22 Md. R. 1030 (10-26-18)

09.08.07.01,.02 • 45:20 Md. R. 923 (9-28-18)

09.09.03.01 • 45:21 Md. R. 977 (10-12-18)

09.10.01.17,.28,.88 • 45:17 Md. R. 806 (8-17-18)

09.10.02.43,.53,.53-1 • 45:17 Md. R. 807 (8-17-18)

09.11.01.12 • 45:21 Md. R. 978 (10-12-18)

09.13.01.09 • 45:20 Md. R. 924 (9-28-18)

09.15.02.09,.10 • 45:21 Md. R. 978 (10-12-18)

09.16.01.12 • 45:22 Md. R. 1031 (10-26-18)

09.17.01.04 • 45:21 Md. R. 979 (10-12-18)

09.19.03.03 • 45:21 Md. R. 979 (10-12-18)

09.19.12.02 • 45:21 Md. R. 979 (10-12-18)

09.20.03.03 • 45:21 Md. R. 980 (10-12-18)

09.23.03.11 • 45:20 Md. R. 924 (9-28-18)

09.24.01.06 • 45:21 Md. R. 980 (10-12-18)

09.25.03.01 • 45:21 Md. R. 981 (10-12-18)

09.32.01.05 • 45:19 Md. R. 869 (9-14-18)

09.34.01.11,.13 • 45:21 Md. R. 982 (10-12-18)

09.35.04.10 • 45:21 Md. R. 982 (10-12-18)

09.36.01.02 • 45:21 Md. R. 983 (10-12-18)

09.36.04.02—.04 • 45:21 Md. R. 983 (10-12-18)

09.38.01.05 • 45:21 Md. R. 983 (10-12-18)

09.39.02.01 • 45:21 Md. R. 984 (10-12-18)

09.40.02.01 • 45:21 Md. R. 985 (10-12-18)

 

10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE

 

          Subtitle 09 (2nd volume)

 

10.09.02.07 • 45:20 Md. R. 925 (9-28-18) (ibr)

10.09.03.01 • 45:19 Md. R. 869 (9-14-18)

10.09.06.04,.06,.09 • 45:20 Md. R. 926 (9-28-18)

10.09.20.01,.04—.06,.10,.13 • 45:21 Md. R. 985 (10-12-18)

10.09.21.01—.08 • 45:19 Md. R. 869 (9-14-18)

10.09.23.01-1,.02,.04,.06 • 45:19 Md. R. 871 (9-14-18) (ibr)

10.09.24.04-1 • 45:19 Md. R. 872 (9-14-18)

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

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

10.09.37.02—.04,.08,.09,.11 • 45:19 Md. R. 872 (9-14-18)

10.09.48.08 • 45:19 Md. R. 876 (9-14-18)

10.09.52.04-2 • 45:19 Md. R. 877 (9-14-18)

10.09.58.01—.07 • 45:19 Md. R. 872 (9-14-18)

10.09.59.04,.07 • 45:19 Md. R. 877 (9-14-18)

10.09.62.01 • 45:20 Md. R. 927 (9-28-18)

10.09.63.06 • 45:20 Md. R. 927 (9-28-18)

10.09.64.05 • 45:20 Md. R. 927 (9-28-18)

10.09.65.03 • 45:20 Md. R. 935 (9-28-18)

10.09.65.05,.12,.15,.19-5 • 45:20 Md. R. 927 (9-28-18)

10.09.66.04,.05,.05-1,.06,.07,.09 • 45:20 Md. R. 927 (9-28-18)

10.09.67.30 • 45:20 Md. R. 927 (9-28-18)

10.09.68.01 • 45:20 Md. R. 927 (9-28-18)

10.09.71.01,.02-1,.03,.03-2,.04,.05 • 45:20 Md. R. 927 (9-28-18)

10.09.72.01—.06 • 45:20 Md. R. 927 (9-28-18)

10.09.73.01,.02 • 45:20 Md. R. 927 (9-28-18)

10.09.75.05 • 45:20 Md. R. 927 (9-28-18)

10.09.86.08 • 45:20 Md. R. 927 (9-28-18)

10.09.95.07 • 45:19 Md. R. 878 (9-14-18)

     Subtitles 10 — 22 (3rd Volume)

 

10.13.03.01—.04 • 45:13 Md. R. 675 (6-22-18)

10.15.03.02,.25,.28 • 45:21 Md. R. 986 (10-12-18)

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)

10.22.16.03 • 45:13 Md. R. 676 (6-22-18)

 

     Subtitles 23 — 36 (4th Volume)

 

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

10.32.09.02 • 45:19 Md. R. 879 (9-14-18)

10.34.32.03 • 45:19 Md. R. 879 (9-14-18)

10.35.01.19 • 45:21 Md. R. 988 (10-12-18)

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

 

     Subtitles 37—66 (5th Volume)

 

10.42.01.01,.02,.04—.18 • 45:21 Md. R. 989 (10-12-18)

10.42.02.02—.06 • 45:21 Md. R. 989 (10-12-18)

10.42.08.01—.11 • 45:21 Md. R. 989 (10-12-18)

10.42.09.01,.04,.07 • 45:21 Md. R. 989 (10-12-18)

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)

10.57.02.04,.05 • 45:21 Md. R. 998 (10-12-18)

10.57.03.05,.06 • 45:21 Md. R. 998 (10-12-18)

10.58.01.03 • 45:19 Md. R. 880 (9-14-18)

10.58.07.02—.04,.06—.20 • 45:19 Md. R. 885 (9-14-18)

10.58.11.03 • 45:19 Md. R. 880 (9-14-18)

10.58.17.01—.09 • 45:19 Md. R. 880 (9-14-18)

10.65.01.06,.07,.16 • 45:22 Md. R. 1031 (10-26-18)

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

 

11 DEPARTMENT OF TRANSPORTATION

 

     Subtitles 01—10

 

11.03.07.01—.06 • 45:19 Md. R. 894 (9-14-18)

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

                                  45:12 Md. R. 644 (6-8-18) (err)

11.06.02.08 • 45:15 Md. R. 737 (7-20-18)

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

11.07.03.03 • 45:15 Md. R. 738 (7-20-18)

11.07.03.05 • 45:15 Md. R. 738 (7-20-18)

 

     Subtitles 11—23 (MVA)

 

11.17.09.04,.05 • 45:21 Md. R. 999 (10-12-18)

 

12 DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

 

12.04.01.01,.04 • 45:20 Md. R. 936 (9-28-18)

                            45:22 Md. R. 1033 (10-26-18) (err)

12.10.10.19 • 45:14 Md. R. 706 (7-6-18)

 

13A STATE BOARD OF EDUCATION

 

13A.03.02.08 • 45:20 Md. R. 937 (9-28-18)

13A.06.07.01,.06—.08,.10 • 45:19 Md. R. 895 (9-14-18)

13A.06.09.01—.05 • 45:20 Md. R. 938 (9-28-18)

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.14.06.03 • 45:17 Md. R. 808 (8-17-18)

 

13B MARYLAND HIGHER EDUCATION COMMISSION

 

13B.02.06.05,.06 • 45:18 Md. R. 836 (8-31-18)

13B.08.17.01—.05 • 45:18 Md. R. 837 (8-31-18)

13B.08.23.01—.11 • 45:22 Md. R. 1033 (10-26-18)

 

15 DEPARTMENT OF AGRICULTURE

 

15.01.15.01—.05 • 45:16 Md. R. 781 (8-3-18)

15.01.16.01—.07 • 45:20 Md. R. 939 (9-28-18)

15.14.09.03—.05 • 45:20 Md. R. 941 (9-28-18)

15.14.13.03,.05,.12 • 45:20 Md. R. 942 (9-28-18)

15.14.15.01—.05 • 45:21 Md. R. 1001 (10-12-18)

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

 

17 DEPARTMENT OF BUDGET AND MANAGEMENT

 

17.04.11.29 • 45:21 Md. R. 1002 (10-12-18)

 

18 DEPARTMENT OF ASSESSMENTS AND TAXATION

 

18.04.07.02,.03 • 45:18 Md. R. 844 (8-31-18)

18.04.08.05,.06 • 45:18 Md. R. 844 (8-31-18)

18.04.10.01,.03—.05 • 45:18 Md. R. 845 (8-31-18)

18.10.01.01 • 45:19 Md. R. 897 (9-14-18)

18.10.03.01,.03 • 45:19 Md. R. 898 (9-14-18)

18.11.01.01 • 45:19 Md. R. 898 (9-14-18)

18.12.01.01 • 45:19 Md. R. 899 (9-14-18)

18.15.01.01—.03 • 45:19 Md. R. 899 (9-14-18)

18.15.02.01,.05 • 45:19 Md. R. 899 (9-14-18)

 

19A STATE ETHICS COMMISSION

 

19A.01.01.04 • 45:16 Md. R. 785 (8-3-18)

 

21 STATE PROCUREMENT REGULATIONS

 

21.01.02.01 • 45:20 Md. R. 942 (9-28-18)

21.01.03.01 • 45:20 Md. R. 942 (9-28-18)

21.02.01.05 • 45:20 Md. R. 942 (9-28-18)

21.02.05.04 • 45:20 Md. R. 942 (9-28-18)

21.05.01.01,.02,.05 • 45:20 Md. R. 942 (9-28-18)

21.05.02.04,.05 • 45:20 Md. R. 942 (9-28-18)

21.05.03.01—.03 • 45:20 Md. R. 942 (9-28-18)

21.05.06.01 • 45:20 Md. R. 942 (9-28-18)

21.05.07.01,.04,.05 • 45:20 Md. R. 942 (9-28-18)

21.05.08 • 45:20 Md. R. 942 (9-28-18)

21.05.09.04,.05,.08 • 45:20 Md. R. 942 (9-28-18)

21.05.13.01—.07 • 45:20 Md. R. 942 (9-28-18)

21.07.01.19,.25 • 45:20 Md. R. 942 (9-28-18)

21.07.02.10 • 45:20 Md. R. 942 (9-28-18)

21.07.03.07,.08 • 45:20 Md. R. 942 (9-28-18)

21.10.04.04 • 45:20 Md. R. 942 (9-28-18)

21.11.01.01,.04—.06 • 45:20 Md. R. 942 (9-28-18)

21.11.03.10,.12,.12-1 • 45:20 Md. R. 942 (9-28-18)

21.11.05.01,.04,.07 • 45:20 Md. R. 942 (9-28-18)

21.11.13.01 • 45:20 Md. R. 942 (9-28-18)

21.13.01.17 • 45:20 Md. R. 942 (9-28-18)

                      45:21 Md. R. 1008 (10-12-18) (err)

 

26 DEPARTMENT OF THE ENVIRONMENT

 

     Subtitles 08—12 (Part 2)

 

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

26.09.01.01—.05 • 45:22 Md. R. 1036 (10-26-18) (ibr)

26.09.02.03,.04,.06,.07,.11 • 45:22 Md. R. 1036 (10-26-18)

26.09.03.01—.09 • 45:22 Md. R. 1036 (10-26-18)

26.09.04.06 • 45:22 Md. R. 1036 (10-26-18)

26.11.01.01 • 45:17 Md. R. 809 (8-17-18)

26.11.08.01,.02,.04,.05,.07,.08-1,.08-2 • 45:17 Md. R. 809 (8-17-18)

26.11.09.08 • 45:17 Md. R. 809 (8-17-18)

 

31 MARYLAND INSURANCE ADMINISTRATION

 

31.03.13.02 • 45:14 Md. R. 708 (7-6-18)

31.05.11.02,.08,.13—.18 • 45:14 Md. R. 708 (7-6-18)

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)

                               45:15 Md. R. 752 (7-20-18)

31.10.16.05 • 45:15 Md. R. 752 (7-20-18)

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

31.15.03.05 • 45:17 Md. R. 814 (8-17-18)

 

33 STATE BOARD OF ELECTIONS

 

33.13.01.01 • 45:21 Md. R. 1003 (10-12-18)

33.13.07.01,.02 • 45:21 Md. R. 1003 (10-12-18)

33.13.10.02 • 45:21 Md. R. 1003 (10-12-18)

33.13.15.13 • 45:21 Md. R. 1003 (10-12-18)

33.13.17.01,.02 • 45:21 Md. R. 1003 (10-12-18)

33.13.19.01—.04 • 45:21 Md. R. 1003 (10-12-18)

33.13.20.01,.02 • 45:21 Md. R. 1003 (10-12-18)

33.13.22.01—.07 • 45:21 Md. R. 1003 (10-12-18)

 

 


Open Meetings Compliance BoardSUMMARY OF OPINIONS ISSUED FROM JULY 1 — SEPTEMBER 30, 2018*

12 Official Opinions of the Compliance Board 58 (2018)

Baltimore City Board of School Commissioners – Enrollment Task Force

July 3, 2018

Topics Discussed: Definition of public body

Opinion: A task force formed by this school board’s chief executive officer is not a public body under §3-101(h).

Violations: No violation

 

12 Official Opinions of the Compliance Board 60 (2018)

City of Baltimore Development Corporation July 3, 2018

Topics Discussed: Procurement exception

Opinion: The Board found no violation. Topics of discussion in the closed meeting were directly related to a competitive procurement process.

Violations: No violation

 

12 Official Opinions of the Compliance Board 62 (2018)

Carroll County Industrial Development Authority

July 17, 2018

Topics Discussed: Training Requirement for Closed Session, Closing Statement, Posting Open Session Minutes, and Minutes of Closed Session

Opinion: Multiple violations of the Act were found, including: No present member of the public body had received training on the requirements of the Act prior to closing the session; The closing statement did not provide the required information; and The minutes of the open session did not contain a meaningful summary of the prior closed session. No violation was found for the complaint regarding posting of minutes “to the extent practicable.” The Board also recognized that the public body was committed to take actions intended to bring its meetings into compliance with the Act.
Violations: §§3-213, 3-305, 3-306

 

12 Official Opinions of the Compliance Board 65 (2018)

Crumpton Volunteer Fire Company

July 17, 2018

Topics Discussed: Definition of public body

Opinion: Volunteer fire departments, when formed and maintained as a voluntary association of individuals, are not public bodies.

Violations: No violation

 

12 Official Opinions of the Compliance Board 67 (2018)

Howard County Public School System Attendance Area Committee

July 19, 2018

Topics Discussed: Meeting definition, Administrative function

Opinion: The Board explained that nearly contemporaneous email communications among a quorum may constitute a meeting. The Board found that non-substantive discussions about whether to schedule a meeting on an item already referred to the public body are within the administrative function exclusion.

Violations: No violation

12 Official Opinions of the Compliance Board 69 (2018)

Mayor and City Council – City of College Park

July 23, 2018

Topics Discussed: Agenda requirement, Public access to an open meeting, Personnel exception, Legal advice exception, Closed session vote, Closing statement, and Closed session summary

Opinion: The Board found multiple violations and multiple components of the complaint where there was no violation. The Board found that the public body did not violate the Act when it altered an agenda; that the public body followed correct procedures for an objection to a closed session; and that the closed session summary met the requirements of the Act. The Board found violations regarding the general requirement to meet in open session; that the personnel and legal advice exemption did not apply to topics discussed in closed session; and multiple violations with regard to the public body’s closing statements.

Violations: §§3-104, 3-301 and 3-305(d)(2)

 

12 Official Opinions of the Compliance Board 77 (2018)

Board of Education of Howard County

July 30, 2018

Topics Discussed: Meeting definition, Agenda requirement, Public access to an open meeting, and Personnel exception.

Opinion: The Board found no violations within the complaint.

Violations: No violation

 

12 Official Opinions of the Compliance Board 80 (2018)

Council of Town of Rock Hall

July 30, 2018

Topics Discussed: Meeting minutes, Complaint guidance.

Opinion: Considering special circumstances, the Board found no violation of requirement to adopt minutes within a reasonable time. The Board also advised that the complaint procedure is most effective when invoked for actual interference with the right to observe the conduct of public business.

Violations: No violation

 

12 Official Opinions of the Compliance Board 83 (2018)

City of Greenbelt Advisory Planning Board

August 22, 2018

Topics Discussed: Meeting minutes, Complaint guidance

Opinion: The Board found no violation with the completion and posting of meeting minutes as soon as practicable. The Board also advised that the complaint procedure is most effective when invoked for actual interference with the right to observe the conduct of public business.

Violations: No violation

 

12 Official Opinions of the Compliance Board 85 (2018)

Transportation Committee of the Mayor and City Council of the Town of Ocean City

August 22, 2018

Topics Discussed: Meeting notice, Written statement, Closed session summary

Opinion: The Board found multiple violations of the Act. Embedding a committee agenda within parent body meeting notice is not sufficient as the committee’s notice. The public body also failed to prepare a written statement before closing the meeting or to include any summary of the closed session in its open meeting minutes.

Violations: 3-302, 3-305(d)(2), and 3-306(c)(2).

 

12 Official Opinions of the Compliance Board 88 (2018)

City Council of the City of Mount Rainier

September 4, 2018

Topics Discussed: Administrative function, Closing statement, Closed session summary

Opinion: The Board found violations within the public body’s closing statements and through its omission of closed session summaries in its meeting minutes. The public body did provide notice regarding its upcoming closed meetings and did properly cite the Act as a basis for its closed meetings. The Board noted the willingness of the public body to meet the Act’s requirements and referred it to the Open Meetings Act Manual for further information.

Violations: §§3-305(d) and 3-306(c)

 

12 Official Opinions of the Compliance Board 91 (2018)

Interagency Commission on School Construction

September 4, 2018

Topics Discussed: Meeting Definition

Opinion: The Board provided guidance on the definition of a meeting and noted that a meeting is an “[o]pportunity for a quorum to explore issues as a group and exchange comments and reactions” whether this is in-person or by consecutive emails. The Board also found that posting a “notice of intent” to conduct public business by email does not prove that a quorum convened. Upon review of the complaint, the public body withdrew its “notice of intent” and emphasized “it will not conduct business by email… .”

Violations: No violation

 

12 Official Opinions of the Compliance Board 93 (2018)

Handgun Permit Review Board

September 11, 2018

Topics Discussed: Quasi-judicial function, Agenda content requirement, Private information exception, Other law exception, Closing statement, Meeting minutes, and Closed session summary

Opinion: The Board assumed that the public body’s meetings to consider appeals fell within the permitting exception to the otherwise exempt quasi-judicial function. The Board recommended that, in general, closing statements only note the exceptions the public body expects to apply. The Board found that the “Private Information” and “Other Law” exceptions were appropriately invoked as authority for closing the public body’s meetings, but that the closing statements for these meetings contained uninformative boilerplate language. The Board also found the following violations of the Act: the public body failed to include in its agenda the fact that it expected to vote to close the meeting; did not post its meeting minutes to its website; and did not provide an adequate description of its closed meeting in its open meeting minutes.

Violations: §§3-302.1, 3-305, 3-306(c) 3-306(e)

 

*   The Compliance Board’s opinions are posted at http://www.marylandattorneygeneral.gov/Pages/OpenGov/OpenMeetings/index.aspx. Statutory references are to the General Provisions Article (2014, with 2017 supp.)

 


The Judiciary 

COURT OF APPEALS OF MARYLAND

DISCIPLINARY PROCEEDINGS

This is to certify that by an Order of the Court of Appeals dated September 28, 2018, KIMBERLY LISA MARSHALL, P.O. Box 921, Poolesville, Maryland 20737, and 43068 Zander Terrace, Ashburn, Virginia 20147, has been indefinitely suspended, effective immediately, from the further practice of law in this State, and her name as an attorney at law has been stricken from the register of attorneys in this Court (Maryland Rule 19-761).

*   *   *   *   *   *   *   *   *   *

This is to certify that by an Order of the Court of Appeals dated September 28, 2018, LUIS F. SALGADO, 1700 Elton Road, Suite 200, Silver Spring, Maryland 20903, has been indefinitely suspended by consent, effective immediately, from the further practice of law in this State, and his name as an attorney at law has been stricken from the register of attorneys in this Court (Maryland Rule 19-761).

*   *   *   *   *   *   *   *   *   *

This is to certify that by an Order of the Court of Appeals dated September 28, 2018, MELINDA GALE TELL, 9102 Southwest 62nd Terrace Road, Ocala, Florida 34476, has been indefinitely suspended by consent, effective immediately, from the further practice of law in this State, and her name as an attorney at law has been stricken from the register of attorneys in this Court (Maryland Rule 19-761).

*   *   *   *   *   *   *   *   *   *

This is to certify that by an Order of the Court of Appeals dated September 28, 2018, SAMUEL SPERLING, 8 Church Lane, Baltimore, Maryland 21208, has been replaced upon the register of attorneys in this Court as of September 28, 2018.  Notice of this action is certified in accordance with Maryland Rule 19-761.

*   *   *   *   *   *   *   *   *   *

This is to certify that by an Order of the Court of Appeals dated September 28, 2018, AUBREY PAIGE POPPLETON, 5719 Stanbrook Lane, Laytonsville, Maryland 20882, has been indefinitely suspended by consent, effective immediately, from the further practice of law in this State, and her name as an attorney at law has been stricken from the register of attorneys in this Court (Maryland Rule 19-761).

[18-22-23]

 


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 09
DEPARTMENT OF LABOR, LICENSING, AND REGULATION

Subtitle 22 BOARD OF COSMETOLOGISTS

09.22.01 General Regulations

Authority: Business Occupations and Professions Article, Titles 4 and 5; Business Regulation Article, §§2-106.13 and 2-106.14; Annotated Code of Maryland; Ch. 256, Acts of 2017

Notice of Final Action

[18-186-F]

On October 1, 2018, the Board of Cosmetologists adopted the repeal of existing Regulation .12 and adopted new Regulation .12 under COMAR 09.22.01 General Regulations. This action, which was proposed for adoption in 45:15 Md. R. 732 (July 20, 2018), has been adopted as proposed.

Effective Date: November 5, 2018.

ERICA LEWIS
Acting Executive Director

 

Title 14
INDEPENDENT AGENCIES

Subtitle 22 COMMISSION ON CRIMINAL SENTENCING POLICY

Notice of Final Action

[18-214-F]

On October 16, 2018, the Maryland State Commission on Criminal Sentencing Policy adopted amendments to:

(1) Regulation .10, .12, and .15 under COMAR 14.22.01 General Regulations; and

(2) Regulation .02 under COMAR 14.22.02 Criminal Offenses and Seriousness Categories.

This action, which was proposed for adoption in 45:18 Md. R. 838—842 (August 31, 2018), has been adopted as proposed.

Effective Date: November 5, 2018.

DAVID SOULE
Executive Director

 

Title 18
DEPARTMENT OF ASSESSMENTS AND TAXATION

Subtitle 02 REAL PROPERTY ASSESSMENTS

18.02.02 Valuation

Authority: Tax-Property Article, 2-201, 2-202 and 8-104, Annotated Code of Maryland

Notice of Final Action

[18-218-F]

On October 16, 2018, the Director of the Department of Assessments and Taxation adopted the repeal of Regulation .05 under COMAR 18.02.02 Valuation. This action, which was proposed for adoption in 45:18 Md. R. 842 (August 31, 2018), has been adopted as proposed.

Effective Date: November 5, 2018.

MICHAEL HIGGS
Director

 

Subtitle 04 BUSINESS ORGANIZATIONS

18.04.03 Good Standing Status

Authority: Tax-Property Article, §§2-201, 4-207, and 12-101, Annotated Code of Maryland

Notice of Final Action

[18-219-F]

On October 16, 2018, the Director of the Department of Assessments and Taxation adopted amendments to Regulation .01 under COMAR 18.04.03 Good Standing Status. This action, which was proposed for adoption in 45:18 Md. R. 843 (August 31, 2018), has been adopted as proposed.

Effective Date: November 5, 2018.

MICHAEL HIGGS
Director

 

Subtitle 04 BUSINESS ORGANIZATIONS

18.04.04 Administration of Maryland Revised Uniform Limited Partnership Act

Authority: Corporations and Associations Article, §§4A-208, 9-803, and 10-102(b); Tax-Property Article, §2-201; Annotated Code of Maryland

Notice of Final Action

[18-215-F]

On October 17, 2018, the Director of the Department of Assessments and Taxation adopted the repeal of Regulation .01 under COMAR 18.04.04 Administration of Maryland Revised Uniform Limited Partnership Act. This action, which was proposed for adoption in 45:18 Md. R. 843 (August 31, 2018), has been adopted as proposed.

Effective Date: November 5, 2018.

MICHAEL HIGGS
Director

 

Subtitle 04 BUSINESS ORGANIZATIONS

18.04.05 Revival or Reinstatement of Entity Charters or Authority to Do Business

Authority: Tax-Property Article, §§2-201 and 2-202, Annotated Code of Maryland

Notice of Final Action

[18-221-F]

On October 17, 2018, the Director of the Department of Assessments and Taxation adopted amendments to Regulation .01 under COMAR 18.04.05 Revival or Reinstatement of Entity Charters or Authority to Do Business. This action, which was proposed for adoption in 45:18 Md. R. 844 (August 31, 2018), has been adopted as proposed.

Effective Date: November 5, 2018.

MICHAEL HIGGS
Director

 

Title 30
MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)

Subtitle 01 GENERAL

30.01.02 Documents Incorporated by Reference

Authority: Education Article, §13-516, Annotated Code of Maryland

Notice of Final Action

[18-199-F-I]

On October 9, 2018, the Emergency Medical Services Board adopted amendments to Regulation .01 under COMAR 30.02.01 Documents Incorporated by Reference. This action, which was proposed for adoption in 45:16 Md. R. 787 (August 3, 2018), has been adopted as proposed.

Effective Date: November 5, 2018.

JEANNIE ABRAMSON
Chief Administrative Officer

 

 


Proposed Action on Regulations

 


 



Title 08
DEPARTMENT OF NATURAL RESOURCES

Subtitle 02 FISHERIES SERVICE

08.02.04 Oysters

Authority: Natural Resources Article, §4-1015.1, Annotated Code of Maryland

Notice of Proposed Action

[18-285-P]

The Secretary of Natural Resources proposes to amend Regulation .05 under COMAR 08.02.04 Oysters.

Statement of Purpose

The purpose of this action is to update regulations for commercial oyster divers and required attendants based on legislation. H.B. 1137, which addressed commercial oyster divers, was passed during the 2018 legislative session. The bill modifies Natural Resources Article, 4-1015.1, Annotated Code of Maryland, and became effective October 1, 2018. This bill modifies the tidal fish license and oyster authorization requirements for persons aboard a boat who are using diving apparatus to catch oysters for commercial purposes from the waters of the State. Further, the bill alters the catch limits for certain commercial oyster divers. The bill prohibits more than two commercial oyster divers from working on a boat at a time. Additionally, the bill limits the oyster catch to no more than twice the daily limit as written in regulation, and requires each commercial oyster diver to have an attendant on the boat. The proposed action changes the licensing requirements so that the diver or the attendant is required to be authorized to catch oysters commercially, both people involved in the diving operation no longer need to be authorized. Authorized means at least one of the individuals must have a tidal fish license with the oyster authorization, and they must have paid the oyster surcharge. The proposed action makes it clear that each diver needs their own attendant. Changes were not necessary for the other provisions in the bill since they are stated in the statute or already in regulation.

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 Oyster Diver Regulations, Regulatory Staff, Maryland Department of Natural Resources, 580 Taylor Avenue, B-2, Annapolis, MD 21401, or call 410-260-8300, or email to fisheriespubliccomment.dnr@maryland.gov, or fax to 410-260-8310. Comments will be accepted through November 26, 2018. A public hearing has not been scheduled.

.05 Use of Diving Apparatus to Catch Oysters Commercially.

[Oysters may be taken for commercial purposes utilizing diving apparatus under the following conditions:]

A. General Requirements.

(1) [Each person engaged in the diving operation, including the diver and the attendant, shall possess a license to catch oysters for commercial purposes.] When using diving apparatus to catch oysters for commercial purposes, the diver or the diver’s attendant shall be authorized to catch oysters for commercial purposes in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland.

(2)—(3) (text unchanged)

(4) If there is more than one diver on the boat, a different attendant shall be present for each diver.

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

B.—C. (text unchanged)

MARK J. BELTON
Secretary of Natural Resources

Subtitle 02 FISHERIES SERVICE

08.02.26 Shell Recycling Tax Credit

Authority: Tax-General Article, §10-724.1, Annotated Code of Maryland

Notice of Proposed Action

[18-281-P]

The Secretary of Natural Resources proposes to amend Regulation .03 under COMAR 08.02.26 Shell Recycling Tax Credit.

Statement of Purpose

The purpose of this action is to update the regulations for the tax credit a person may receive for recycling oyster shells. The law allows for a person to receive a State income tax credit for recycling oyster shells. Recent legislative changes require the Department to update the regulations. The specific amounts for the recycling credit are stated in Tax-General Article, Annotated Code of Maryland. Currently, the credit for recycling oyster shells is $5 per bushel, up to a maximum of $1,500 per year. Since these amounts are changed periodically by the General Assembly, the proposed action removes the specific monetary values and replaces them with references to the statute. This will ensure consistency between COMAR and the Annotated Code.

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 Tax Credit, Regulatory Staff, Maryland Department of Natural Resources Fishing and Boating Services, 580 Taylor Avenue, B-2, Annapolis, MD 21401, or call 410-260-8300, or email to fisheriespubliccomment.dnr@maryland.gov, or fax to 410-260-8310. Comments will be accepted through November 26, 2018. A public hearing has not been scheduled.

.03 Credit Allowances.

A. Allowable Credit.

(1) A shell recycler may claim a tax credit against the State income tax in [an] the amount [equal to $1] specified in Tax-General Article, §10-724.1, Annotated Code of Maryland, for each bushel of oyster shells recycled during the taxable year.

(2) (text unchanged)

B. Amount Allowed Per Taxable Year. For any taxable year, the maximum credit a person may claim may not exceed the [lesser of:

(1) $750; or

(2) The State income tax calculated before application of the credit allowed under this regulation and Tax-General Article, §§10-701 and 10-701.1, Annotated Code of Maryland] amount specified in Tax-General Article, §10-724.1, Annotated Code of Maryland.

C. (text unchanged)

MARK J. BELTON
Secretary of Natural Resources

 

Title 09
DEPARTMENT OF LABOR, LICENSING, AND REGULATION

Subtitle 01 OFFICE OF THE SECRETARY

09.01.13 Regulation of Units to Prevent Anticompetitive Actions

Authority: State Government Article, §8-205.1, Annotated Code of Maryland

Notice of Proposed Action

[18-287-P]

The Secretary of Labor, Licensing, and Regulation proposes to adopt new Regulation .01 under a new chapter, COMAR 09.01.13 Regulation of Units to Prevent Anticompetitive Actions.

Statement of Purpose

The purpose of this action is to implement a requirement for the adoption of regulations by the State units set forth in State Government Article, §8-205.1, Annotated Code of Maryland, in order to establish the criteria for the State supervision set forth by the U.S. Supreme Court in its 2015 decision North Carolina State Board of Dental Examiners v. Federal Trade Commission, 135 S.Ct 1101 (2015).

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 Milena Y. Trust, Division Director, Department of Labor, Licensing, and Regulation, 500 N. Calvert Street, Suite 406, Baltimore, MD 21202, or call 410-230-6139, or email to milena.trust@maryland.gov, or fax to 410-333-6503. Comments will be accepted through November 26, 2018. A public hearing has not been scheduled.

.01 Procedures.

A. The procedures described in this regulation shall apply to a proposed decision or action of a board or commission within the Department of Labor, Licensing, and Regulation composed in whole or in part of individuals participating in the occupation or profession regulated by the board or commission if the proposed decision or action:

(1) May result in an unreasonable anti-competitive action; and

(2) Does not further a clearly articulated State policy to displace competition in a regulated market in order to protect the health, safety, and welfare of the citizens of the State.

B. Before the board or commission makes a decision or takes an action which may result in the outcomes described in this regulation, the board or commission shall notify the Secretary or the Secretary’s designee of the board’s or commission’s proposed action or decision.

C. The Secretary or the Secretary’s designee shall review the proposed action or decision expeditiously and shall notify the board or commission in writing of the decision to approve, disapprove, modify, or remand the proposed decision or action back to the board or commission for further review.

D. A decision or an action of a board or commission may not constitute a final decision or action of the board or commission until after the Secretary or the Secretary’s designee has conducted a review of the substance of the proposed decision or action by the board or commission to ensure its compliance with an articulated State policy as described in State Government Article, §8-205.1(b), Annotated Code of Maryland.

E. A final decision or action of the board or commission shall comply with the written decision made by the Secretary or the Secretary’s designee in accordance with the requirements set forth in this regulation.

KELLY M. SCHULZ
Secretary of Labor, Licensing, and Regulation

 

Subtitle 16 BOARD OF BARBERS

09.16.01 General Regulations

Authority: Business Occupations and Professions Article, Title 4, Annotated Code of Maryland

Notice of Proposed Action

[18-288-P]

The Board of Barbers proposes to adopt new Regulation .12 under COMAR 09.16.01 General Regulations. This action was considered at a public meeting held on September 10, 2018.

Statement of Purpose

The purpose of this action is to establish by regulation an applicant’s or licensee’s obligation to respond in writing within 30 days to a communication from the Board of Barbers, inform an applicant or licensee of the responsibility to notify the Board in writing if there has been a change in applicant’s or licensee’s address, and notify the applicant or licensee of the ramification for the failure to respond to a communication from the Board.

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 Erica Lewis, Acting Executive Director, Board of Barbers, Department of Labor, Licensing and Regulation, 500 N. Calvert Street, Baltimore, MD 21202, or call 410-230-6193, or email to erica.lewis@maryland.gov, or fax to 410-333-6314. Comments will be accepted through November 26, 2018. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the Board of Barbers during a public meeting to be held on December 10, 2018, at the Department of Labor, Licensing, and Regulation, 500 N. Calvert Street, Third Floor, Baltimore, MD 21202.

.12 Failure to Respond.

A. An applicant or licensee shall respond in writing to a written communication from the Board within 30 days of the date of mailing.

B. The Board shall send a written communication by first-class mail to the last address furnished to the Board by an applicant or licensee. 

C.  It is a responsibility of an applicant or licensee to notify the Board in writing if there has been a change in applicant’s or licensee’s address.

D. Failure to respond as required by this regulation may be considered by the Board to be a violation of Business Occupations and Professions Article, §4-314(a)(1)(ix), Annotated Code of Maryland.

PHILLIP MAZZA
Chairman
Board of Barbers

 

Title 10
MARYLAND DEPARTMENT OF HEALTH

Subtitle 65 BOARD OF MASSAGE THERAPY EXAMINERS

10.65.01 General Regulations

Authority: General Provisions Article, §4-333(c); Health Occupations Article, §§6-101, 6-102, 6-201—6-206, 6-301—6-306, and 6-504; Annotated Code of Maryland

Notice of Proposed Action

[18-282-P]

The Secretary of Health proposes to amend Regulations .06 and .07 and adopt new Regulation .16 under COMAR 10.65.01 General Regulations. This action was considered the Board of Massage Therapy Examiners at a public meeting held on July 25, 2018, notice of which was given by publication on the Board’s website at https://health.maryland.gov/massage/Pages/home.aspx pursuant to General Provisions Article, §3–302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to:

(1) Amend the educational requirements to qualify for a license to practice massage therapy;

(2) Amend the educational requirements to qualify to be registered to practice massage therapy;

(3) Require that each holder of a license or registration to practice massage therapy to display the license or registration conspicuously where the holder is engaged in practice; and

(4) Set standards for Board approval of programs licensing massage therapists or registered massage practitioners at educational institutions in the State.

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, or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through November 26, 2018. A public hearing has not been scheduled.

.06 Application for Licensure or Registration.

A. An applicant for a license to practice massage therapy shall:

(1)—(3) (text unchanged)

(4) Submit a completed criminal background check;

[(4)] (5)—[(6)] (7) (text unchanged)

[(7)] (8) Have copies of official transcripts sent directly to the Board [from] by the [schools] school from which the applicant graduated that [document] documents completion of a program of at least 600 classroom hours in [a] massage therapy education [program] that is:

(a) Approved by the Board and the:

(i) Maryland Higher Education Commission (MHEC); or

(ii) [by the higher] Higher education commission, or comparable authority, of the state or country in which the applicant’s school is located; and

(b) Either:

(i) Accredited by the Commission on Massage Therapy Accreditation (COMTA); or [approved]

(ii) Approved or accredited by an accrediting agency recognized by the United States Department of Education, with the instructors teaching massage related curriculum who are licensed or registered in the instructors’ state of residence;

[(8)] (9) Provide documentation of having satisfactorily completed the requirements listed in [§B] §§B and C of this regulation.

[(9)] (10) Provide documentation of current certification in CPR at the [Healthcare Provider] Basic Life Support (BLS) level; and

[(10)] (11) (text unchanged)

B. To comply with [§A(8)] §A(9) of this regulation, an applicant for a license to practice massage therapy shall provide documentation of having [satisfactorily completed:

(1) At least:

(a)] graduated with at least 600 hours of education in a Board-approved program for the study of massage therapy that includes the following areas of content:

[(i)] (1)[(ii)] (2) (text unchanged)

[(iii)] (3) Contraindications to massage therapy; [and]

[(iv)] (4) Professional ethics; [and]

(5) Pathology; and

(6) Research.

C. In addition to §B of this regulation, an applicant for a license to practice massage therapy shall provide documentation of having graduated with at least:

[(b)] (1) 60 credit hours of education at an institution of higher education as defined in [the] Education Article, §10–101, Annotated Code of Maryland, and as approved by the Board and MHEC of which a minimum of 24 credit hours shall have been in basic and applied science courses related to health care; or

(2) [At least] For the purpose of a status change:

(a) (text unchanged)

(b) An additional 24 credit hours or 360 contact hours of advanced massage therapy continuing education as [approved] pre-approved by the Board in basic and applied science courses related to health care, [including] which may include, but not be limited to, the following areas of study:

(i) Massage techniques, including advanced Swedish massage and advanced deep tissue massage;

(ii) [Structure and function of the human body; and] Anatomy and physiology of the human body;

(iii) (text unchanged)

(iv) Advanced pathology or pathophysiology;

(v) Orthopedic assessment and massage;

(vi) Neuromuscular therapy;

(vii) Manual lymph drainage;

(viii) Oncology;

(ix) Special populations;

(x) End stage of life;

(xi) Gross anatomy; or

(xii) Other Board pre-approved upper level AP courses.

[C.] D. To be a registered massage practitioner, an applicant shall:

(1)—(3) (text unchanged)

(4) Submit a completed criminal background check;

[(4)] (5)[(6)] (7) (text unchanged)

[(7)] (8) Have copies of official transcripts sent directly to the Board [from] by the [schools] school from which the applicant graduated that [document] documents completion of a program of at least 600 classroom hours in [a] massage therapy education [program] that is:

(a) Approved by the Board and the:

(i)—(ii) (text unchanged)

(b) (text unchanged)

[(8)] (9)—[(10)] (11) (text unchanged)

[D.] E. To comply with [§C(8)] §D(9) of this regulation, an applicant for a registration to practice massage therapy shall provide documentation of [completion of at least 600 hours of education in] graduation from a Board-approved program of at least 600 hours for the study of massage therapy that includes the following areas of content:

(1)—(2) (text unchanged)

(3) Contraindications to massage therapy; [and]

(4) (text unchanged)

(5) Pathology; and

(6) Research.

[E.] F. The Board may not issue a license or registration if the criminal history record information required under Health Occupations Article, [§3-302.1] §6-303(b), Annotated Code of Maryland, has not been received.

.07 Required Massage Therapy Education and Training.

A. Classroom Training.

(1) Of the minimum 600 hours classroom training required in Regulation [.04A(8)] .06A(9), B, [and C(7)] C, and D(8) of this chapter:

(a) (text unchanged)

(b) The remaining 500 hours shall include a majority of hours in:

(i)—(vi) (text unchanged)

(vii) Health and hygiene; [and]

(viii) Contraindications of massage[.]; and

(ix) Research.

(2)—(4) (text unchanged)

B. (text unchanged)

.16 Board Approval of Educational Programs.

A. The Board may approve any program of studies provided by an accredited State educational institution for:

(1) Licensed massage therapists; and

(2) Registered massage practitioners.

B. The Board shall:

(1) Maintain a list of educational institutions in this State that currently provide an approved licensed massage therapist or registered massage practitioner program;

(2) Set standards for approval of programs licensing massage therapists or registered massage practitioners at educational institutions in this State; and

(3) Survey approved massage therapy programs and schools as necessary.

ROBERT R. NEALL
Secretary of Health

Title 12
DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

Subtitle 04 POLICE TRAINING AND STANDARDS COMMISSION

12.04.01 General Regulations

Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-208 and 3-209; Annotated Code of Maryland

Correction to Notice of Open Meeting 

[18-248-P]

     The Notice of Open Meeting that appeared in 45:20 Md. R. 936 (September 28, 2018) has been changed.  The correct notice follows.

Open Meeting

     Final action on the proposal will be considered by the Maryland Police Training and Standards Commission during a public meeting to be held on January 8, 2019, at 10 a.m., at Public Safety Education and Training Center, 6852 4th Street, Sykesville, MD 21784.

STEPHEN T. MOYER
Secretary of Public Safety and Correctional Services

 

Title 13B
MARYLAND HIGHER EDUCATION COMMISSION

Subtitle 08 FINANCIAL AID

13B.08.23 Workforce Development Sequence Scholarship

Authority: Education Article, §§11-105(u), 18-202, 18-204, 18-3302, Annotated Code of Maryland

Notice of Proposed Action

[18-286-P]

The Maryland Higher Education Commission proposes to adopt new Regulations .01—.11 under a new chapter, COMAR 13B.08.23 Workforce Development Sequence Scholarship. This action was considered at a public meeting of the Commission held on August 27, 2018.

Statement of Purpose

The purpose of this action is to implement and administer the Workforce Development Sequence Scholarship, which was established by Ch. 149, Acts of 2017, and Ch. 695, Acts of 2018.

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 A.A. Dow, Ph.D., Assistant Secretary of Academic Affairs, Maryland Higher Education Commission, 6 N. Liberty St., 10th Fl., Baltimore, MD 21201, or call 410-767-3041, or email to emily.dow@maryland.gov. Comments will be accepted through November 26, 2018. A public hearing has not been scheduled.

.01 Purpose.

The purpose of the Workforce Development Sequence Scholarship is to provide financial assistance to students enrolled in workforce development sequences at community colleges in the State.

.02 Definitions.

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

B. Terms Defined.

(1) “Associated costs of attendance” means costs incurred by a student to purchase books or equipment that are necessary for the completion of the workforce development sequence for which the student is receiving a Workforce Development Sequence Scholarship, and any related testing fees for licensure or certification.

(2) “Commission” means the Maryland Higher Education Commission.

(3) Eligible Student.

(a) “Eligible student” means a student who:

(i) Is a Maryland resident or has graduated from a Maryland high school; and

(ii) Is enrolled in a Workforce Development Sequence at a community college in the State.

(b) “Eligible student” may include an active duty member of the U.S. Military who:

(i) Is stationed in the State;

(ii) Resides in the State; or

(iii) Is domiciled in the State.

(4) “Noncredit certificate” means a document issued by a community college to a student certifying that the student has completed a noncredit sequence of courses.

(5) “Office” means the Office of Student Financial Assistance within the Commission.

(6) “Secretary” means the Secretary of Higher Education.

(7) Workforce Development Sequence.

(a) “Workforce development sequence” means a group of noncredit courses, approved by the Commission, that is offered by a community college and composed of courses related to:

(i) Job preparation or a registered apprenticeship;

(ii) Licensure or certification; or

(iii) Job skill enhancement.

(b) “Workforce development sequence” does not include a sequence of courses leading to an associate or bachelor’s degree.

(8) “Workforce Development Sequence Scholarship” or “Scholarship” means an award made to an eligible student under this chapter.

 

.03 Establishment and Administration.

A. There is a Workforce Development Sequence Scholarship, which shall be administered by the Office consistent with this chapter and pursuant to participation agreements with participating community colleges.

B. To participate in the Workforce Development Sequence Scholarship, a community college shall enter into a participation agreement with the Office, upon the terms prescribed by the Secretary, which, at a minimum, shall include terms to:

(1) Safeguard the confidentiality of personally identifiable information;

(2) Ensure the accuracy of student eligibility determinations under this chapter; and

(3) Provide for the return by the college to the Office any Scholarships not awarded consistent with this chapter and the participation agreement.

.04 Approval of a Workforce Development Sequence.

A. A community college shall apply to the Commission for approval of a workforce development sequence on a form prescribed by the Secretary.

B. The Secretary shall approve a workforce development sequence application if:

(1) The Secretary determines that completion of the courses in the sequence results in the issuance of a noncredit certificate to the student; and

(2) Each course in the sequence:

(a) Is eligible to be funded through Pell grants under Title IV of the federal Higher Education Act;

(b) Is eligible to be funded through the federal Workforce Innovation and Opportunity Act;

(c) Is designed to prepare an individual to sit for a licensing exam required by a State regulatory agency for employment in a specific occupational field;

(d) Is a required component of a registered apprenticeship; or

(e) In the Secretary’s determination:

(i) Is approved for State funding through the Request for State Funding of a Continuing Education Course (CC-10) application process; and

(ii) Has the purpose of job enhancement or job preparation, or leads to licensure or certification for an occupation that requires licensure or certification.

.05 Student Eligibility.

To be eligible to receive a Workforce Development Sequence Scholarship, a student shall:

A. Be enrolled at a community college that has entered into a participation agreement with the Office;

B. Be enrolled in a Workforce Development Sequence; and

C. Be an eligible student as defined in Regulation .02 of this chapter.

.06 Award Amount.

A. A Workforce Development Sequence Scholarship may not exceed $2,000 per student annually.

B. A Workforce Development Sequence Scholarship shall be used solely for tuition, mandatory fees, costs to participate in a registered apprenticeship program, and other associated costs of attendance that have not been met through another grant or scholarship by the State or employer.

C. A Workforce Development Sequence Scholarship may be combined with any other grant or scholarship, provided that the total amount of grants or scholarships does not exceed the student’s tuition, mandatory fees, apprenticeship costs, and other associated costs of attendance.

.07 Institutional Allocation and Notification.

A. At the beginning of each State fiscal year, the Office shall notify each participating college of the total dollar amount of Scholarships that may be awarded to students attending the college during the fiscal year.

B. The Office shall allocate equally among the community colleges up to 50 percent of the annual dollar amount budgeted for the Workforce Development Sequence Scholarship.

C. Except as provided in §D of this regulation, the amount remaining after the allocation required under §B of this regulation shall be allocated proportionately to participating community colleges based upon student enrollment as follows:

(1) Each college’s most recent FTE enrollment in workforce development sequences, based upon the previous year’s Enrollment Report for Credit Courses (CC2 report) and Enrollment Report for Equated Credit Continuing Education Courses (CC3 report),  shall be divided by the total FTE enrollment for all workforce development sequences offered by all participating colleges; and

(2) The percentage derived from the calculation in §C(1) of this regulation shall be multiplied by the total number of awards (in $2,000 increments) not allocated, and the result shall be the additional allocation to the college.

D. For the 2018—2019 award year only, the amount remaining after the allocation required under §B of this regulation shall be allocated proportionally to participating community colleges based upon student enrollment as follows:

(1) Each college’s most recent total FTE enrollment, based upon the previous year’s Enrollment Report for Credit Courses (CC2 report) and Enrollment Report for Equated Credit Continuing Education Courses (CC3 report), shall be divided by the total FTE enrollment for all community colleges; and

(2) The percentage derived from the calculation in §D(1) of this regulation shall be multiplied by the total number of awards (in $2,000 increments) not allocated, and the result shall be the additional allocation to the college.

.08 Disbursement and Reallocation of Funds.

A. Each participating community college is responsible for awarding its allocation to eligible students.

B. Beginning in the 2019—2020 award year, if a college fails to use 66 percent or more of its allocated awards by March 15, the remaining unused awards shall be returned to the Office and redistributed to community colleges meeting the 66 percent requirement, on a pro-rata basis, unless the community college losing the award demonstrates, in the judgment of the Office, that it has eligible candidates to whom it will make the remaining awards.

C. The Office shall notify colleges of any reallocation of awards made after March 15.

D. If a community college does not spend the entire amount allocated to it in a fiscal year by June 15, the following year’s allocated amount will be reduced by the amount of unspent funds.

.09 Distribution of Awards to Students.

A. Selection Criteria.  In determining the selection criteria to be applied to award applicants, a community college:

(1) Shall ensure that awards are made only to eligible students;

(2) May not make an award to any student who already has received the award for two workforce development sequences, regardless of the duration, cost, or successful completion of the sequences; and

(3) May determine the prioritization of awards based upon any of the following criteria:

(a) The workforce needs of the service area of the institution;

(b) The availability to the applicant of other funds;

(c) Whether the student has received the award previously; and

(d) The order in which applications were submitted by applicants.

B. Compliance with State and Federal Law. A community college shall administer the Workforce Development Sequence Scholarship consistent with State and federal law.

C. Nondiscrimination. A community college may not discriminate against applicants, prospective applicants, or awardees based upon sex, race, ethnicity, religion, disability, sexual orientation, or sexual identity.

D. Reporting to Commission. A community college shall report to the Office annually regarding the selection criteria used by the college under §A of this regulation.

.10 Continuation of Workforce Development Sequence.

A. Approval of a Workforce Development Sequence terminates when the condition under which the sequence was approved ceases, including by:

(1) A determination by the U.S. Department of Education that one or more of the courses in the sequence are no longer eligible to be funded through Pell grants under Title IV of the federal Higher Education Act;

(2) A determination by the Department of Labor, Licensing, and Regulation that the sequence is no longer eligible to be funded through the federal Workforce Innovation and Opportunity Act;

(3) A determination by a licensing board that the licensing exam that is the subject of the sequence no longer is required for employment in a specific occupational field;

(4) A determination by the Department of Labor, Licensing, and Regulation that the sequence is no longer a required component of a registered apprenticeship; or

(5) A determination by the Secretary that:

(a) Any course in the sequence is no longer eligible for State funding through the CC-10 application process; or

(b) The sequence no longer has the purpose of job enhancement or job preparation, or no longer leads to licensure or certification for occupations that require the licensure or certification.

B. A community college shall notify the Commission immediately if the Workforce Development Sequence discontinues, or if any of the circumstances enumerated in §A of this regulation occurs.

C. If a workforce development sequence is discontinued or terminated, the community college either shall reallocate workforce development sequence funds towards another workforce development sequence, or shall return the unused funds to the Office.

.11 Record Keeping, Audits, and Annual Reports.

A. All financial books, records, and documents pertaining to the Workforce Development Sequence Scholarship program shall be open to inspection, review, and audit at all times by the Commission, the State auditor, or their authorized representatives.

B. A community college shall include the Workforce Development Sequence Scholarship program in any independent audit conducted for the college on State financial aid programs.

C. Except as provided in §D of this regulation, each community college that participates in the Workforce Development Sequence Scholarship program shall submit to the Office:

(1) By October 15, a report of all initial awards for the academic year that includes for each award the:

(a) Name and social security number of each award recipient;

(b) Cost of attendance for each sequence of courses;

(c) Amount awarded to each recipient;

(d) Workforce development sequence in which each recipient is enrolled;

(e) Any registered apprenticeship in which the recipient participated;

(f) State and county residency of each award recipient; and

(g) For any recipients who are not residents of the State, the Maryland high school from which the recipient graduated;

(2) By January 15, a report of subsequent awards for the academic year that includes for each award the:

(a) Name and social security number of each award recipient;

(b) Cost of attendance for each sequence of courses;

(c) Amount awarded to each recipient;

(d) Workforce development sequence in which each recipient is enrolled;

(e) Any registered apprenticeship in which the recipient participated;

(f) State and county residency of each award recipient; and

(g) For any recipients who are not residents of the State, the Maryland high school from which the recipient graduated;

(3) By June 15, a final, end-of-year report that provides a final cumulative list of recipients that includes for each award the:

(a) Name, social security number, and date of birth of each award recipient;

(b) Cost of attendance for each sequence of courses;

(c) Gender, race, and ethnicity of each award recipient;

(d) Amount awarded to each recipient;

(e) Workforce development sequence in which each recipient is enrolled;

(f) Any registered apprenticeship in which the recipient participated;

(g) State and county residency of each award recipient;

(h) For any recipients who are not residents of the State, the Maryland high school from which the recipient graduated; and

(i) The number of current year recipients registering for the following year to continue their sequence of courses; and

(4) Any additional information required by the Office pursuant to the participating agreement.

D. For the 2018—2019 award year only, a community college shall provide the reports required under §C of this regulation by deadlines established by the Office.

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

 

Title 26
DEPARTMENT OF THE ENVIRONMENT

Subtitle 09 MARYLAND CO2 BUDGET TRADING PROGRAM

Notice of Proposed Action

[18-284-P-I]

The Secretary of the Environment proposes to:

(1) Amend Regulations .01 — .05 under COMAR 26.09.01 General Administrative Provisions;

(2) Amend Regulations .03, .04, .06, .07, and .11 under COMAR 26.09.02 Applicability, Determining Compliance, and Allowance Distribution;

(3) Amend Regulations .01 — .03, repeal existing Regulations .04 and .06, amend and recodify existing Regulations .05 and .07 to be Regulations .04 and .05, respectively, and recodify existing Regulations .08 and .09 to be Regulations .06 and .07, respectively, under COMAR 26.09.03 Offset Projects; and

(4) Amend Regulation .06 under COMAR 26.09.04 Auctions.

Statement of Purpose

The purpose of this action is to amend regulations under Code of Maryland Regulations (COMAR) 26.09, Maryland CO2 Budget Trading Program, with program improvements developed in conjunction with other participating states during the 2016 Comprehensive Regional Greenhouse Gas Initiative (RGGI) Program Review. This proposed action includes the following revisions:

1. A reduction in the size and structure of cap and allowance apportionment;

2. Adjustments to the emissions budget from 2021-2025 to address the private bank of allowances through one additional, distinct budget adjustment;

3. Adjustments to the Cost Containment Reserve (CCR) mechanism to provide flexibility and cost containment for the RGGI program;

4. Adoption of a new mechanism, the Emissions Containment Reserve (ECR), which responds to supply and demand in the market if emission reduction costs are lower than projected;

5. Adjustments to the Limited Industrial Exemption Set-aside Account (LIESA) and to the Long Term Contract Set-aside Account (LTCSA);

6. Elimination of the “Reduction in Emissions of Sulfur Hexafluoride (SF6)” and “Reduction in Avoidance of CO2 Emissions from Natural Gas, Oil, or Propane End-Use Combustion Due to End-Use Energy Efficiency” offset categories and adjustments to the remaining offset categories;

7. Adoption of new delegation language for alternate CO2 authorized account representatives; and

8. Revisions to other definitions.

 

The 2016 Comprehensive Program Review Process

The Regional Greenhouse Gas Initiative (RGGI) is composed of individual CO2 Budget Trading Programs in each RGGI participating state. Each participating state’s CO2 Budget Trading Program is based on the RGGI Updated Model Rule (2013), which was developed to provide guidance to states as they implemented the RGGI program. RGGI participating states have conducted a Program Review, which is a comprehensive evaluation of program successes, program impacts, the potential for additional reductions, imports and emissions leakage, and offsets.

Amendments to the RGGI Model Rule were developed by the RGGI state staff as part of the Program Review, and a consensus agreement was reached in 2017. This effort was supported by an extensive regional stakeholder process that engaged the regulated community, environment non-profits, and other organizations with technical expertise in the design of cap-and-invest programs.

 

The Healthy Air Act

The Healthy Air Act (as revised 2018) was signed into law on April 6, 2006 and required Maryland to join the Regional Greenhouse Gas Initiative (RGGI) by July 2007. Maryland joined RGGI when the Governor signed RGGI’s multi-state Memorandum of Understanding (MOU) on April 20, 2007. The Department subsequently adopted COMAR 26.09.01 to .03, implementing the “Maryland CO2 Budget Trading Program”, which became effective on July 17, 2008. COMAR 26.09.04 (“Auctions”) became effective as a permanent regulation on August 25, 2008.

 

The Regional Greenhouse Gas Initiative

The Regional Greenhouse Gas Initiative is comprised of nine states in the Northeast and Mid-Atlantic regions. These states adopted market-based carbon dioxide (CO2) cap-and-invest programs designed to reduce emissions of CO2, a greenhouse gas, from fossil fuel-fired electricity generators with a nameplate capacity of 25 megawatts or greater. RGGI currently is comprised of Connecticut, Delaware, Maine, Massachusetts, New Hampshire, New York, Rhode Island, Vermont, and Maryland. New Jersey discontinued participation after the end of the first compliance period, 2009-2011, but is presently in talks to participate in RGGI again along with the state of Virginia. Participating RGGI states require electricity generators to have acquired, through regional auction or secondary market transactions, one CO2 allowance for every ton of CO2 emitted over a three-year compliance period. Auction proceeds fund a number of state programs, including energy efficiency programs that result in lower CO2 emissions through reduced electricity demand. Further, auction proceeds fund renewable energy projects which reduce the amount of CO2 emissions generated by fossil-fuels electricity generators.

The RGGI program has several unique features unlike other cap-and-invest programs in the U.S. The allowances are controlled by the states and can be allocated or sold to sources. Most states have opted to auction the allowances to sources through quarterly auctions. Proceeds from the auctions are used to fund energy efficiency programs to reduce demand for electricity and provide a means to lower CO2 emissions. The states conducted the first quarterly regional auction in September 2008, and the program officially began in January 2009.

The electricity generation sector is a major contributor to climate change because a large amount of CO2 is released during the combustion of fossil fuels. With this in mind, RGGI set an initial cap of 188,076,976 tons of CO2 emissions for the region, based on averaged emissions in 2000 to 2002 from eligible electricity generators. Upon completing the first Comprehensive Program Review in 2012, the RGGI cap was lowered to 91,000,000 tons of CO2 emission for the region. Maryland received 37,503,983 CO2 allowances for each year from 2009 through 2013 and 20,360,944 CO2 allowances in 2014. Between 2015 and 2020, Maryland will annually receive 2 ½ percent fewer CO2 allowances as the RGGI cap reduces by 10 percent during that time. Maryland has set aside 6,752,780 allowances in three different set aside accounts to account for special needs or programs.

 

Current Market Conditions

RGGI has completed three control periods; 2009-2011, 2012-2014, and 2015-2017, respectively. The regional auctions have generated almost three billion dollars in revenue for the states. These funds were used to provide funding for energy efficiency programs, rebates to ratepayers and energy efficiency projects for the states as well as bill payment for low income residents and general fund relief. At this time, the participating states have completed a second comprehensive review of the RGGI program.

Carbon dioxide emissions in the RGGI region have decreased substantially. One factor contributing to the decrease in regional emissions has been a shift in use of natural gas over coal and oil for fuel at electricity generators due to a significant decrease in the price of natural gas. Another factor is an economic downturn that began in late 2008. As electric generating companies acquired CO2 allowances equal to their emissions, some CO2 allowances offered at the regional auctions were not sold. Maryland regulations allow these allowances to be offered for sale at a subsequent auction or to be retired.

 

Maryland Set Asides

Maryland originally retained four set aside accounts for special purposes. The four set aside accounts were: 1) the Limited Industrial Exemption Set Aside; 2) the Long Term Contract Set Aside; 3) the Clean Generation Set Aside; and the 4) Voluntary Renewable Set Aside. The Limited Industrial Exemption Set Aside allows the Department to retire allowances equal to the emissions of industrial sources that generate their own electricity but have been exempted from RGGI because they do not sell electricity to the grid. The Long Term Contract Set Aside allows sources with long term contracts prescribing what those sources may charge for electricity to obtain a set amount of allowances at the auction reserve price. The Clean Generation Set Aside provides allowances to new, clean fossil-fuel electric generation sources as an incentive. The incentive lasts for six years. The Voluntary Renewable Set Aside expired on March 1, 2018, but originally allowed the Department to retire allowances proportional to renewable energy credits purchased voluntarily to be retired on behalf of RGGI.

In addition to some of the allowances going unsold at auction, many of the CO2 allowances allocated to Maryland’s set-aside accounts were not utilized. The Department previously reviewed the need and usage of the set asides. The Department determined the set asides served useful purposes but recognized usage could be sporadic. The process for populating the set aside accounts was revised to retain unused set aside allowances in the accounts and only add new allowances to replenish the accounts to their regulatory limit. In this manner, more current year allowances would go directly to auction. Although some of these allowances may go unsold, this process allows a greater percentage of Maryland’s allowances to enter the marketplace earlier.

 

Amendments to COMAR 26.09:

1. A reduction in the size and structure of cap and allowance apportionment.

The regional emissions cap in 2021 will be equal to 75,147,784 tons and will decline by 2.275 million tons of CO2 per year thereafter, resulting in a total 30 percent reduction in the regional cap from 2020 to 2030. Maryland’s base budget allocation (COMAR 26.09.02.03A) has been updated to reflect the new RGGI cap and decline.

2. Adjustments to the emissions budget from 2021-2025 to address the private bank of allowances through one additional, distinct budget adjustment.

The private bank of allowances is addressed through three distinct budget adjustments.

The Adjustment for First Control Period Banked Allowances (first adjustment), establishes the adjustment for first control period banked allowances as 1,863,361 allowances (vintages 2009, 2010, & 2011). The first adjustment is made over the 7 year period 2014-2020.

The Adjustment for Second Control Period Banked Allowances (second adjustment), establishes the adjustment for second control period banked allowances as 3,106,578 allowances (vintages 2012 and 2013). The second adjustment is made over the 6 year period 2015-2020.

The Third Adjustment for Banked Allowances would adjust the base budget for 100 percent of the pre-2021 vintage allowances held by market participants as of the end of 2020, that are in excess of the total quantity of 2018, 2019, and 2020 emissions. The third adjustment timing and algorithm is spelled out in the regulations and would be implemented over the 5-year period, 2021-2025, after the actual size of the 2020 vintage private bank is determined.

3. Adjustments to the Cost Containment Reserve (CCR) mechanism to provide flexibility and cost containment for the RGGI program.

These amendments adjust the Cost Containment Reserve (CCR) and specify how it will be used in order to provide flexibility and cost containment for the RGGI program. The CCR would consist of a fixed quantity of allowances, in addition to the cap, that would be held in reserve, and only made available for sale if allowance prices were to exceed predefined price levels.

The annual CCR allowance quantity would be 10 percent of the regional cap beginning in 2021 and each succeeding year thereafter. The CCR allowances would be made available immediately in any auction in which demand for allowances at prices above the CCR trigger price exceeds the supply of allowances offered for sale in that auction prior to the addition of any CCR allowances. If the CCR is triggered, the CCR allowances will only be sold at or above the CCR trigger price, which will be $13.00 in 2021 and rise at 7 percent per year.

4. Adoption of a new mechanism, the Emissions Containment Reserve (ECR), which responds to supply and demand in the market if emission reduction costs are lower than projected.

These amendments create the Emissions Containment Reserve (ECR) that will respond to supply and demand in the market if emission reduction costs are lower than projected. States will withhold allowances from circulation to secure additional emissions reductions if prices fall below established trigger prices. Allowances withheld in this way will not be reoffered for sale.

The annual ECR allowance withholding limit would be 10 percent of the budgets of states implementing the ECR. The ECR trigger price will be $6.00 in 2021, and rise at 7 percent per year, so that the ECR will only trigger if emission reduction costs are lower than projected.

5. Adjustments to the Limited Industrial Exemption Set-aside Account (LIESA) and to the Long Term Contact Set-aside Account (LTCSA). These amendments modify both set-aside accounts to reflect discussions with stakeholders.

• The allocation of CO2 allowances to the LIESA in 2018 will be 3,465,101 allowances and will decrease by 488,367 allowances each year until 2021, when the number of allowances in the LIESA will be 2,000,000 for 2021 and each succeeding calendar year.

• The number of allowances purchased from the LTCSA by an applicant may not exceed the equivalent tons of CO2 that the applicant emits in the prior calendar year.

6. Elimination of the “Reduction in Emissions to Sulfur Hexafluoride (SF6)” and “Reduction in Avoidance of CO2 Emissions from Natural Gas, Oil, or Propane End-Use Combustion Due to End-Use Energy Efficiency” offset categories and adjustments to the remaining offset categories.

These regulations eliminate two offset categories: Reduction in Emissions of Sulfur Hexafluoride (SF6) due to obsolescence, and Reduction in Avoidance of CO2 Emissions from Natural Gas, Oil, or Propane End-Use Combustion Due to End-Use Energy Efficiency due to improvements and availability of energy efficiency technologies. The remaining offset categories were updated and retained and any awarded offset allowance would remain fully fungible across the states.

7. Adoption of new delegation language for alternate CO2 authorized account representatives.

This new language adds a delegation of authority for the selection and responsibilities of CO2 budget source compliance account authorized account representatives and the selection and responsibilities of general account authorized account representatives for alternate CO2 authorized account representatives.

8. Revisions to other definitions.

Amendments to definitions have been made to bring those definitions in line with the amendments to other regulations.

 

Sources Affected and Location

AES Warrior Run Inc., Warrior Run, Allegany County

CPV, St. Charles Energy Center, Charles County

Ravens Power, Brandon Shores, Anne Arundel County

Ravens Power, Herbert A. Wagner, Anne Arundel County

Ravens Power, C. P. Crane, Baltimore County

Exelon, Gould Street, Baltimore City

Exelon, Perryman, Harford County

Exelon, Riverside, Baltimore County

Exelon, Westport, Baltimore City

Luke Paper Company, Allegany County

NRG, Chalk Point, Prince George’s County

NRG, Dickerson, Montgomery County

NRG, Morgantown, Charles County

NRG, Vienna, Dorchester County

ODEC, Rock Springs Generating Facility, Cecil County

ODEC, Wildcat Point Generation Facility, Cecil County

Panda Energy, Brandywine, Prince George’s County

PSEG, Keys Energy Center, Prince George’s County

 

Requirements

Compliance requirements for the CO2 budget sources subject to the Maryland CO2 Budget Trading Program will remain the same.

 

Expected Emissions Reductions

The changes to the size and structure of the regional cap and allowance apportionments will result in emissions reductions. The regional emissions cap in 2021 will be equal to 75,147,784 tons and will decline by 2.275 million tons of CO2 per year thereafter, resulting in a total 30 percent reduction in the regional cap from 2020 to 2030.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. The lowering of the regional CO2 cap by 30% from 2020 to 2030 tons will result in positive economic benefits to the Maryland economy. The proceeds raised from the auction of allowances will be reinvested in the Maryland economy to provide more jobs and reduce energy usage. Maryland revenues from the regional CO2 allowance auction are deposited in the Strategic Energy Investment Fund (SEIF). The Maryland Energy Administration (MEA) administers the fund, allocating the proceeds to various purposes as directed by statute. Many agencies benefit from these proceeds, including MEA. The proceeds fund various energy efficiency programs, direct low income bill payment, renewable energy projects, and climate change programs as well as other low income energy assistance programs. The power sector and commercial and industrial industries will experience some costs as a result of the lowered cap. However, residents and the renewable energy and construction sector will benefit.

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure (E+/E-)

Magnitude

 


A. On issuing agency:

(R+)

Unquantifiable

B. On other State agencies:

(1) MEA

(R+)

$446M

(2) Other State agencies

(R+)

Unquantifiable

C. On local governments:

(R+)

Unquantifiable

 

 

Benefit (+)

Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(1) Power Sector (fossil fuel)

(-)

$446M + technology costs

(2) Construction

(+)

Unquantifiable

(3) Power Sector (zero carbon)

(+)

Unquantifiable

E. On other industries or trade groups:

(1) Commercial

(-)

$31.51 cost/business/yr

(2) Industrial

(-)

$125.43 cost/business/yr

F. Direct and indirect effects on public:

(1) Households

(-)

$1.48 cost/household/yr

(2) Workers

(+)

Net increase in jobs in MD

(3) Public Health Benefits

(+)

Unquantifiable

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

A. Maryland Energy Administration (MEA) allocates some SEIF funds to the Department to implement climate change programs. As the fund increases more revenues can be allocated to these programs.

B(1). SEIF revenues are projected to increase as a result of higher allowance prices even though Maryland’s CO2 allowance budget decreases. MEA is responsible for the administration of Maryland’s portion of the RGGI auction proceeds. The projected revenue is based on economic modeling of future allowance prices and the quantity of allowances available each year from 2019-2030.

B(2). A number of programs funded through SEIF are administered by other state agencies. As the fund increases more revenues can be allocated to these programs.

C. A number of programs funded through SEIF are specific to local governments, including several revolving loan programs and energy efficiency programs. As the fund increases more revenues can be allocated these programs.

D(1). The power sector will be responsible for buying the allowances necessary to comply with the regulation. This will increase their operating costs. The exact expenditures will depend on Maryland source emissions during the time period, as well as the number of allowances those sources continue to hold from prior periods, which the Department expects to be substantial. Sources’ allowance holdings are protected as confidential business information, so the Department cannot know how many banked allowances Maryland sources hold. The Department therefore uses MD allowance revenues as a proxy for Maryland source allowance expenditures here. $446 million is the difference between projected Maryland allowance revenues under the current regional cap of 78 million from 2020 onward, and the new cap which declines to 54.6 million by 2030. Additionally, there may be technology changes or improvements implemented by the generators to reduce emissions. These potential additional costs are not quantified at this time.

D(2). The construction industry will benefit from the increased spending on energy efficiency improvements to homes, businesses and government buildings.

D(3). Zero-carbon electricity generators compete with fossil fuel-fired generators in the regional electricity market. Since the RGGI carbon price increases costs for those competing fossil-fired generators but does not affect zero-carbon generators, the zero-carbon generators will benefit. Furthermore, some SEIF funds are reinvested in clean and renewable energy.

E(1). Analysis performed by the RGGI participating states projects the region-wide yearly commercial energy bill will be higher by $31.51 on average across the time period 2019-2030.

E(2). Analysis performed by the RGGI participating states projects the region-wide yearly industrial energy bill will be higher by $125.43 on average across the time period 2019-2030.

F(1). Analysis performed by the RGGI participating states projects the region-wide yearly residential energy bill will be higher by $1.48 on average across the time period 2019-2030.

F(2). Analysis performed by the RGGI participating states projects net gains in both overall economic output and overall employment across the RGGI region as a result of the lower cap.

F(3). There are unquantified, but likely substantial, public health benefits that will result from lowering GHGs in Maryland. Improved air quality will result in lower health risks to the Maryland population. The RGGI states did not perform public health modeling, but as carbon emissions and fossil fuel consumption decrease, emission of co-pollutants will decrease, as well. Analysis performed by the RGGI participating states projects that Maryland CO2 emissions will decrease by approximately 70.6 million short tons cumulatively from 2019-2030 due to the revised cap, and regional CO2 emissions will decrease by approximately 104.7 million.

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

The Department of the Environment will hold a public hearing on the proposed action on November 26, 2018, at 10 a.m. at the Department of the Environment, 1800 Washington Boulevard, 1st Floor Conference Rooms, Baltimore, Maryland 21230-1720. Interested persons are invited to attend and express their views. Comments may be sent to Mr. Randy Mosier, Chief of the Regulation Division, Air and Radiation Administration, Department of the Environment, 1800 Washington Boulevard, Suite 730, Baltimore, Maryland 21230-1720, or emailed to randy.mosier@maryland.gov. Comments must be received not later than 5 p.m. on November 26, 2018, or be submitted at the hearing. For more information, call Randy Mosier at (410) 537-4488.

Copies of the proposed action and supporting documents are available for review at the following locations:

·      The Air and Radiation Administration offices;

·      Regional offices of the Department of the Environment in Cumberland and Salisbury; and

·      The Department of the Environment website at: http://www.mde.state.md.us/programs/regulations/air/Pages/reqcomments.aspx.

Anyone needing special accommodations at the public hearing should contact the Department’s Fair Practices Office at (410) 537-3964. TTY users may contact the Department through the Maryland Relay Service at 1-800-735-2258.

 

Editor’s Note on Incorporation by Reference

     Pursuant to State Government Article, §7-207, Annotated Code of Maryland, the following documents have been declared documents generally available to the public and appropriate for incorporation by reference:

     1) Intergovernmental Panel on Climate Change, Fifth Assessment Report, Climate Change 2013: The Physical Science Basis, Chapter 8 “Anthropogenic and Natural Radiative Forcing”, Section 8.7 “Emissions Metrics” (pages 710-720); and

     2) U.S. Environmental Protection Agency (EPA), Inventory of U.S. Greenhouse Gas Emissions and Sinks, 1990-2010, EPA (430-R-12-001), Annex 3, Table A-180, April 15, 2012.

     For this reason, they will not be printed in the Maryland Register or the Code of Maryland Regulations (COMAR). Copies of these documents are filed in special public depositories located throughout the State. A list of these depositories was published in 45:1 Md. R. 8 (January 5, 2018), and is available online at www.dsd.state.md.us. These documents may also be inspected at the office of the Division of State Documents, 16 Francis Street, Annapolis, Maryland 21401.

 

26.09.01 General Administrative Provisions

Authority: Environment Article, §§1-101, 1-404, 2-103, and 2-1002(g), Annotated Code of Maryland

.01 Purpose.

The purpose of this chapter is to define the terms used in this subtitle, to identify the documents that are incorporated by reference in this subtitle, and identify the selection process and responsibilities of CO2 authorized account representatives and alternate CO2 authorized account representatives that perform various functions on behalf of the owners or operators of CO2 budget sources or units. The definitions and documents incorporated by reference relate to requirements and procedures that apply to affected CO2 budget sources and units to reduce emissions of carbon dioxide (CO2) and other greenhouse gases into the air.

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) — (4) (text unchanged)

(4-1) “Alternate CO2 authorized account representative” means:

(a) For a CO2 budget source, the alternate individual who is authorized by the owners and operators of the source to represent and legally bind them in matters pertaining to this subtitle; or

(b) For a general account, the alternate individual who is authorized to transfer or otherwise dispose of CO2 allowances held in the general account.

(4-2) “Anaerobic digester” means a device that promotes the decomposition of organic material to simple organics and gaseous biogas products, in the absence of elemental oxygen, usually accomplished by means of controlling temperature and volume, and including a methane recovery system.

(5) “Anaerobic digestion” means the [degradation] decomposition of organic material, including manure, brought about through the action of microorganisms in the absence of elemental oxygen.

(6) — (8) (text unchanged)

[(9) “ASHRAE” means the American Society of Heating, Refrigerating and Air-Conditioning Engineers.]

[(10)] (9)[(17)] (16) (text unchanged)

[(18) “Building envelope” means the elements that separate conditioned space from unconditioned space, or that enclose semi-heated space through which thermal energy may be transferred to or from the exterior including walls, windows, foundation, basement slab, ceiling, roof, and insulation.]

[(18-1)] (17)[18-2)] (18) (text unchanged)

[(18-3)] (18-1) Climate Action Plan.

(a) “Climate action plan” means a written plan submitted to the Department by a CO2 budget source that identifies and analyzes its [CO2] CO2e emission reduction or sequestration strategies and plans.

(b) “Climate action plan” includes, but is not limited to, the following components:

(i) Baseline data and forecasts for on-site [CO2] CO2e emissions;

(ii) Short and long term goals for reducing or sequestering [CO2] CO2e emissions;

(iii) Identification of [CO2] CO2e emission reduction or sequestration techniques and strategies that the CO2 budget source will implement and the timetable for implementation; and

(iv) An estimate of the [CO2] CO2e emissions reductions that will result from the implementation of the emission reduction or sequestration techniques and strategies identified pursuant to [§B(18-3)(b)(iii)] §B(18-1)(b)(iii) of this regulation.

(19) — (25) (text unchanged)

(26) “CO2 allowance tracking system, or COATS” means the system that records allocations, deductions, and transfers of CO2 allowances which may also be used to track CO2 emissions offset projects, CO2 allowance prices, and emissions from affected sources.

(27) — (34) (text unchanged)

(34-1) “CO2 cost containment reserve trigger price, or CCR trigger price” means the minimum price at which CO2 CCR allowances are offered for sale by the Department at an auction, and shall be:

(a) $10.00 per CO2 allowance for calendar year 2017;

(b) Each calendar year thereafter through 2020, the CCR trigger price shall be 1.025 multiplied by the CCR trigger price from the previous calendar year, rounded to the nearest whole cent as follows:

(i) $10.25 for 2018;

(ii) $10.51 for 2019; and

(iii) $10.77 for 2020;

(c) $13.00 per CO2 allowance for calendar year 2021; and

(d) Each calendar year thereafter, the CCR trigger price shall be 1.07 multiplied by the CCR trigger price from the previous calendar year, rounded to the nearest whole cent as follows:

 (i) $13.91 for 2022;

(ii) $14.88 for 2023;

(iii) $15.93 for 2024;

(iv) $17.04 for 2025;

(v) $18.23 for 2026;

(vi) $19.51 for 2027;

(vii) $20.88 for 2028;

(viii) $22.34 for 2029; and

(ix) $23.90 for 2030.

(34-2) “CO2 emissions containment reserve allowance, or CO2 ECR allowance” means a CO2 allowance that is withheld from sale at an auction by the Department for the purpose of additional emission reduction in the event of lower than anticipated emission reduction costs.

(34-3) “CO2 emissions containment reserve trigger price, or ECR trigger price” means the price below which CO2 allowances will be withheld from sale by the Department or its agent at an auction. The ECR trigger price shall be:

(a) $6.00 for calendar year 2021; and

(b) For each calendar year thereafter, the ECR trigger price shall be 1.07 multiplied by the ECR trigger price from the previous calendar year, rounded to the nearest whole cent as follows:

(i) $6.42 for 2022;

(ii) $6.87 for 2023;

(iii) $7.35 for 2024;

(iv) $7.86 for 2025;

(v) $8.42 for 2026;

(vi) $9.00 for 2027;

(vii) $9.63 for 2028;

(viii) $10.31 for 2029; and

(ix) $11.03 for 2030.

[(34-1)] (34-4) (text unchanged)

(35) — (37) (text unchanged)

(37-1) “Combined heat and power unit, CHP unit, or cogeneration unit” means an electric generating unit that uses a steam-generating unit or stationary combustion turbine to simultaneously produce both electric (or mechanical) and useful thermal output from the same primary energy facility.

(38) — (40) (text unchanged)

[(41) “Commercial building” means a structure, excluding a low-rise residential building, to which the provisions of ANSI/ASHRAE/IESNA Standard 90.1-2007 apply.]

[(42)] (41) (text unchanged)

(42) “Conflict of interest” means a situation that may arise with respect to an individual in relation to any specific project sponsor, CO2 emissions offset project or category of offset projects, such that the individual’s other activities or relationships with other persons or organizations render or may render the individual incapable of providing an impartial certification opinion, or otherwise compromise the individual’s objectivity in performing certain functions.

[(43) “Condensing mode” means the design and operation of fuel-burning equipment in a mode that leads to the production of condensate in flue gases.]

[(44)] (43)[(45)] (44) (text unchanged)

(45) “Cooperating regulatory agency” means a regulatory agency in a state or other United States jurisdiction that is not a participating state that has entered into a memorandum of understanding with the appropriate regulatory agencies of all participating states to carry out certain obligations relative to CO2 emissions offset projects in that state or United States jurisdiction, including but not limited to the obligation to perform audits of offset project sites, and report violations of this subtitle.

[(45-1) “Cost containment reserve trigger price, or CCR trigger price” means the minimum price at which CO2 CCR allowances are offered for sale by the Department at an auction, and shall be:

(a) $4.00 per CO2 allowance for calendar year 2014;

(b) $6.00 per CO2 allowance for calendar year 2015;

(c) $8.00 per CO2 allowance for calendar year 2016;

(d) $10.00 per CO2 allowance for calendar year 2017; and

(e) Each calendar year thereafter, the CCR trigger price shall be 1.025 multiplied by the CCR trigger price from the previous calendar year, rounded to the nearest whole cent.]

(46) — (49) (text unchanged)

(49-1) “Current vintage year” means a CO2 allowance that was originated in the current calendar year.

(50) — (52) (text unchanged)

(52-1) “Emission containment reserve account” means a general account established by the Department for the purpose of withholding CO2 allowances from sale at an auction by the Department for the purpose of additional emission reduction in the event of lower than anticipated emission reduction costs.

[(53) “Energy conservation or efficiency measure” means a set of activities designed to increase the energy efficiency of a building or improve the management of energy demand, involving the following:

(a) Physical changes to facility equipment;

(b) Modifications to a building; or

(c) Revisions to operating and maintenance procedures, software changes, or new means of training or managing users of the building or operations and maintenance staff.

(54) “Energy performance” means a measure of the relative energy efficiency of a building, building equipment, or building components, as measured by the amount of energy required to provide building services.

(55) “Energy services” means provision of useful services to building occupants such as heating and hot water, cooling, and lighting.]

[(56)] (53)[(56-1)] (54) (text unchanged)

[(57)] (55) “First control period [interim] adjustment for banked allowances” means, for allocation years 2014 through 2020, an adjustment, applied to the Maryland CO2 Budget Trading Program base budget, to address the surplus allowances from allocation years 2009, 2010, and 2011 held in general and compliance accounts, including compliance accounts established pursuant to the CO2 Budget Trading Program, that are in addition to the aggregate quantity of first control period CO2 emissions from all CO2­ budget sources in all of the participating states. Allowances in accounts opened by participating states are not included.

[(58)] (56) (text unchanged)

[(58-1)] (57) “Forest offset project data report” means the report prepared by a project sponsor each year that provides the information and documentation required by COMAR [26.09.03.05] 26.09.03.04 or the forest offset protocol.

[(58-2)] (58) “Forest offset protocol” means the protocol titled “Regional Greenhouse Gas Initiative Offset Protocol U.S. Forest Projects, June 13, 2013”[, published by the participating states on http://www.rggi.org/docs/ProgramReview/_FinalProgramReviewMaterials/Forest_Protocol_FINAL.pdf].

(59) Fossil Fuel-Fired.

(a) (text unchanged)

(b) “Fossil fuel-fired” means, for a unit that commenced or commences operation on or after January 1, 2005, the combustion of fossil fuel alone or in combination with any other fuel, where the fossil fuel combusted comprises, or is projected to comprise, more than 5 percent of the annual heat input on a Btu basis during any year.

(60) (text unchanged)

[(61) “Furnace” means a self-contained, indirect-fired appliance that:

(a) Supplies heated air to a residential building or commercial building through ducts to conditioned spaces; and

(b) Has a heat input rate of less than 225,000 Btu per hour.]

[(61-1)] (61)[(61-2)] (61-1) (text unchanged)

(62) (text unchanged)

(63) “Global warming potential (GWP)” means a numerical measure of the radiative efficiency or heat-absorbing ability of a particular gas, relative to that of CO2, after taking into account the decay rate of each gas, relative to that of CO2, and consistent with the values used in the Intergovernmental Panel on Climate Change, [IPCC Third] Fifth Assessment Report, Climate Change [2001] 2013: The Physical [Scientific] Science Basis, Chapter [6] 8 “Anthropogenic and Natural Radiative Forcing”, Section [12] 8.7 [“Global Warming Potentials”] “Emission Metrics” (pages 710-720).

(64) (text unchanged)

[(65) “HVAC system” means the system or systems that provide, either collectively or individually, heating, ventilation, or air conditioning to a building, including the equipment, distribution network, and terminals.

(66) “IESNA” means the Illuminating Engineering Society of North America.]

[(67)] (65)[(67-2)] (67) (text unchanged)

(68) “Life-of-the-unit contractual arrangement” means a unit participation power sales agreement under which a customer reserves, or is entitled to receive, a specified amount or percentage of nameplate capacity or associated energy from any specified unit pursuant to a contract:

(a) (text unchanged)

(b) For a cumulative term of not less than [25] 30 years, including contracts that permit an election for early termination; or

(c) For a period equal to or greater than [20] 25 years or 70 percent of the economic useful life of the unit determined as of the time the unit is built, with option rights to purchase or release some portion of the nameplate capacity and associated energy generated by the unit at the end of the period.

(68-1) — (71) (text unchanged)

(72) “Maryland CO2 Budget Trading Program adjusted budget” means the number of CO2 allowances available for allocation and auction annually, determined in accordance with COMAR [26.09.02.03G] 26.09.02.03I and the CO2 Budget Trading Program. CO2 allowances allocated under the Maryland CO2 Budget Trading Program adjusted budget are separate from:

(a) — (b) (text unchanged)

(72-1) — (73) (text unchanged)

(74) [“Noncensus water” means streams, sloughs, estuaries, and canals more than 120 feet long and less than 1/8 of a mile wide, including lakes, reservoirs, and ponds that are 1—40 acres in size.] Net-Electric Output.

(a) “Net-electric output” means the amount of gross generation the generator(s) produce, as measured at the generator terminals, less the electricity used to operate the plant (i.e., auxiliary loads), including but not limited to the following:

(i) Output from steam turbine(s);

(ii) Combustion turbine(s);

(iii) Gas expander(s); and

(iv) Other generator types deemed fit by the Department.

(b) Such uses include fuel handling equipment, pumps, fans, pollution control equipment, other electricity needs, and transformer losses as measured at the transmission side of the step up transformer (e.g., the point of sale).

(75) — (75-1) (text unchanged)

(75-2) “Off-site” means a location that is not contiguous with the property where the anaerobic digester is located.

(76) — (78) (text unchanged)

[(79) “Passive solar” means a combination of building design features and building components that utilize solar energy to reduce or eliminate the need for mechanical heating and cooling and daytime artificial lighting.]

[(80)] (79)[(88)] (87) (text unchanged)

[(89) Residential Building.

(a) “Residential building” means a low-rise residential building to which the provisions of ANSI/ASHRAE/IESNA Standard 90.1-2007 do not apply.

(b) “Residential building” includes single family homes, multifamily structures of three stories or fewer above grade, and modular and mobile homes.

(90) “RESNET” means the Residential Energy Services Network.]

[(90-1)] (88)[(90-2)] (89) (text unchanged)

[(90-3)] (90) “Second control period [interim] adjustment for banked allowances” means, for allocation years 2015 through 2020, a reduction in the Maryland CO2 Budget Trading Program base budget by the number of allowances equal to the number of 2012 and 2013 allowances held in general and compliance accounts established pursuant to the CO2 Budget Trading Programs, that are in excess of the aggregate tons of 2012 and 2013 emissions from all CO2Budget sources in all of the participating states. Allowances in accounts opened by participating states are not included.

(91) (text unchanged)

(92) [“SF6-containing equipment” means any equipment used for the transmission and distribution of electricity that contains sulfur hexafluoride (SF6).] “Third adjustment for banked allowances” means, for allocation years 2021 through 2025, an adjustment applied to the Maryland CO2 Budget Trading Program base budget to address allowances held in general and compliance accounts, including compliance accounts established pursuant to the CO2 Budget Trading Program, but not including accounts opened by participating states, that are in addition to the aggregate quantity of emissions from all CO2 budget sources in all of the participating states at the end of the fourth control period in 2020 and as reflected in the CO2 Allowance Tracking System on March 17, 2021.

(93) (text unchanged)

(93-1) “Total solids” means the total of all solids in a sample, including the total suspended solids, total dissolved solids, and volatile suspended solids.

(94) — (96) (text unchanged)

(96-1) “Verification” means the verification by an independent verifier that certain parts of a CO2 emissions offset project consistency application and/or measurement, monitoring or verification report conforms to the requirements of this subtitle.

(96-2) “Vintage year” means the calendar year that a CO2 allowance was originated.

(97) — (100) (text unchanged)

[(101) “Whole-building energy performance” means the overall energy performance of a building, taking into account the integrated impact on energy usage of all building components and systems.

(102) “Whole-building retrofit” means any building project that involves the replacement of more than one building system, or set of building components, and requires a building permit.

(103) “Zero net energy building” means a building designed to produce as much energy, using renewable energy sources, as the building is projected to use, as measured on an annual basis.]

.03 Incorporation by Reference.

A. (text unchanged)

B. Documents Incorporated.

(1) — (4) (text unchanged)

[(5) Air Conditioning Contractors of America (ACCA), ANSI/ACCA 5 QI-2007, HVAC Quality Installation Specification: Residential and Commercial Heating, Ventilating, and Air Conditioning (HVAC) Applications, 2007.

(6) Air Conditioning Contractors of America (ACCA), Manual J: Residential Load Calculation, Eighth Edition, Version 2.00, Hank Rutkowski, P.E., March 2006.]

[(7)] (5) (text unchanged)

[(7-1) American Society of Heating, Refrigerating, and Air-Conditioning Engineers, Inc., ANSI/ASHRAE Addenda a, b, e, f, and h, supplement to ANSI/ASHRAE Standard 62.1-2007: Ventilation for Acceptable Indoor Air Quality, 2008.

(8) American Society of Heating, Refrigerating, and Air-Conditioning Engineers, Inc., ANSI/ASHRAE Standard 62.1-2007: Ventilation for Acceptable Indoor Air Quality, 2007.

(8-1) American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc., ANSI/ASHRAE/IESNA Addenda a, b, c, g, h, i, j, k, l, m, n, p, q, s, t, u, w, y, ad, and aw, supplements to ANSI/ASHRAE/IESNA Standard 90.1-2007: Energy Standard for Buildings Except Low-Rise Residential Buildings, 2009.

(9) American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc., ANSI/ASHRAE/IESNA Standard 90.1-2007: Energy Standard for Buildings Except Low-Rise Residential Buildings, I-P Edition, 2007.

(10) American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc., ASHRAE Guideline 14-2002: Measurement of Energy and Demand Savings, 2002.]

[(11)] (6) (text unchanged)

[(12)] (7) Intergovernmental Panel on Climate Change, [IPCC Third] Fifth Assessment Report, Climate Change [2001] 2013: The Physical [Scientific] Science Basis, Chapter [6] 8 “Anthropogenic and Natural Radiative Forcing”, Section [12] 8.7 [“Global Warming Potentials”] “Emission Metrics” [(pages 385-391)] (pages 710-720).

[(13) International Code Council, Inc. (ICC), International Energy Conservation Code, 2009.

(14) International Performance Measurement & Verification Protocol (IPMVP) Committee, International Performance Measurement & Verification Protocol, Volume I: Concepts and Options for Determining Energy and Water Savings, DOE/IGO-102002-1554, Chapter 3, “Option B: Retrofit Isolation,” “Option C: Whole Building,” and “Option D: Calibrated Simulation,” March, 2002.

(15) International Performance Measurements & Verification Protocol (IPMVP) New Construction Subcommittee, International Performance Measurement & Verification Protocol: Concepts and Practices for Determining Energy Savings in New Construction, Volume III, Part I, Chapter 4, “Option D: Whole Building Calibrated Simulation,” EVO 30000-1: 2006, January 2006.

(16) International Electrotechnical Commission (CEI/IEC), IEC/TR 62271, High-voltage switchgear and (controlgear-Part 303:) Use and handling of sulfur hexafluoride (SF6) 2008.

(17) New Buildings Institute, Inc., Benchmark, Advanced Buildings Energy Benchmark for High Performance Buildings, Version 1.1, 2005.]

[(17-1)] (8) (text unchanged)

[(18) Residential Energy Services Network, Inc. (RESNET) and the National Association of State Energy Officials, 2006 Mortgage Industry National Home Energy Rating Systems Standards, “Chapter Three: National Energy Rating Technical Standards,” and “Appendix A: National Home Energy Rating Technical Guidelines, On-Site Inspection Procedures for Minimum Rated Features,” 2009.

(19) U.S. Department of Energy, Office of Policy and International Affairs, Technical Guidelines, Voluntary Reporting of Greenhouse Gases (1605(b)) Program, “Section 3, Measurement Protocols for Forest Carbon Sequestration,” in Chapter 1 (Emissions Inventories) Part I Appendix (Forestry), March 2006.]

[(20)] (9) U.S. Environmental Protection Agency (EPA), Inventory of U.S. Greenhouse Gas Emissions and Sinks, [1990—2007, EPA (430-R-09-004), Annex 3.10, (A-170): “Waste Characteristics Data,” April 09, 2009] 1990-2010, EPA (430-R-12-001), Annex 3, Table A-180, April 15, 2012.

[(21)] (10)[(22)] (11) (text unchanged)

.04 Selection and Responsibilities of CO2 Budget Source Compliance Account Authorized Account Representatives.

A. — B. (text unchanged)

C. The CO2 authorized account representative and alternate CO2 authorized account representative of the CO2 budget source shall be selected by an agreement binding on the owners and operators of the source and all CO2 budget units at the source and must act in accordance with the certificate of representation under §J of this regulation.

D. — K. (text unchanged)

L. Delegation by CO2 Authorized Account Representative or Alternate CO2 Authorized Account Representative.

(1) — (5) (text unchanged)

(6) A CO2 authorized account representative may delegate, to one or more natural persons, his or her authority to review information in the CO2 allowance tracking system under this regulation.

(7) An alternate CO2 authorized account representative may delegate, to one or more natural persons, his or her authority to review information in the CO2 allowance tracking system under this regulation.

(8) In order to delegate authority to review information in the CO2 allowance tracking system in accordance with §L(6) and (7) of this regulation, the CO2 authorized account representative or alternate CO2 authorized account representative, as appropriate, must submit to the Department a notice of delegation, in a format prescribed by the Department that includes the following:

(a) The name, address, e-mail address, telephone number, and facsimile transmission number of such CO2 authorized account representative or alternate CO2 authorized account representative;

(b) The name, address, e-mail address, telephone number and facsimile transmission number of each such natural person, herein referred to as the “reviewer”;

(c) For each such natural person, a list of the type of information under §L(6) and (7) of this regulation for which authority is delegated to him or her; and

(d) The following certification statements by such CO2 authorized account representative or alternate CO2 authorized account representative:

(i) “I agree that any information that is reviewed by a natural person identified in this notice of delegation and of a type listed for such information accessible by the reviewer in this notice of delegation and that is made when I am a CO2 authorized account representative or alternate CO2 authorized account representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under COMAR 26.09.01.04L shall be deemed to be reviewed by me.”

(ii) “Until this notice of delegation is superseded by another notice of delegation under COMAR 26.09.01.04L, I agree to maintain an e-mail account and to notify the Department or its agent immediately of any change in my e-mail address unless delegation authority by me under COMAR 26.09.01.04L is terminated.”

(9) A notice of delegation submitted under §L8 of this regulation shall be effective, with regard to the CO2 authorized account representative or alternate CO2 authorized account representative identified in such notice, upon receipt of such notice by the Department or its agent and until receipt by the Department or its agent of a superseding notice of delegation by such CO2 authorized account representative or alternate CO2 authorized account representative as appropriate. The superseding notice of delegation may replace any previously identified review, add a new review, or eliminate entirely any delegation of authority.

(10) Reviewed information covered by the certification and done in accordance with a notice of delegation is deemed to be reviewed by the CO2 authorized account representative or alternate CO2 authorized account representative submitting the notice of delegation.

.05 Selection and Responsibilities of General Account Authorized Account Representatives.

A. — K. (text unchanged)

L. Delegation by CO2 Authorized Account Representative.

(1) — (6) (text unchanged)

(7) A CO2 authorized account representative may delegate, to one or more natural persons, his or her authority to review information in the CO2 allowance tracking system under this regulation.

(8) An alternate CO2 authorized account representative may delegate, to one or more natural persons, his or her authority to review information in the CO2 allowance tracking system under this regulation.

(9) In order to delegate authority to review information in the CO2 allowance tracking system in accordance with §L7 and §L8 of this regulation, the CO2 authorized account representative or alternate CO2 authorized account representative, as appropriate, must submit to the Department a notice of delegation, in a format prescribed by the Department that includes the following:

(a) The name, address, e-mail address, telephone number, and facsimile transmission number of such CO2 authorized account representative or alternate CO2 authorized account representative;

(b) The name, address, e-mail address, telephone number and facsimile transmission number of each such natural person, herein referred to as the “reviewer”;

(c) For each such natural person, a list of the type of information under §L(7) and (8) of this regulation for which authority is delegated to him or her; and

(d) The following certification statements by such CO2 authorized account representative or alternate CO2 authorized account representative:

(i) “I agree that any information that is reviewed by a natural person identified in this notice of delegation and of a type listed for such information accessible by the reviewer in this notice of delegation and that is made when I am a CO2 authorized account representative or alternate CO2 authorized account representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under COMAR 26.09.01.05L shall be deemed to be reviewed by me.”

(ii) “Until this notice of delegation is superseded by another notice of delegation under COMAR 26.09.01.05L, I agree to maintain an e-mail account and to notify the Department or its agent immediately of any change in my e-mail address unless delegation authority by me under COMAR 26.09.01.05L is terminated.”

(10) A notice of delegation submitted under §L(9) of this regulation shall be effective, with regard to the CO2 authorized account representative or alternate CO2 authorized account representative identified in such notice, upon receipt of such notice by the Department or its agent and until receipt by the Department or its agent of a superseding notice of delegation by such CO2 authorized account representative or alternate CO2 authorized account representative as appropriate. The superseding notice of delegation may replace any previously identified review, add a new review, or eliminate entirely any delegation of authority.

(11) Reviewed information covered by the certification and done in accordance with a notice of delegation is deemed to be reviewed by the CO2 authorized account representative or alternate CO2 authorized account representative submitting the notice of delegation.

[(7)] (12) (text unchanged)

M. (text unchanged)

N. Closing of General Accounts.

(1) (text unchanged)

(2) If a general account shows no activity for a period of [6 years] 1 year or more and does not contain any CO2 allowances, the Department may notify the CO2 authorized account representative for the account that the account will be closed [20] 30 business days after the notice is sent.

(3) The general account shall be closed after the [20-day] 30-day period unless, before the end of the [20-day] 30-day period, the Department receives the following:

(a) — (b) (text unchanged)

 

26.09.02 Applicability, Determining Compliance, and Allowance Distribution

Authority: Environment Article, §§1-101, 1-404, 2-103, and 2-1002(g), Annotated Code of Maryland

.03 Distribution of CO2 Allowances and Compliance.

A. The Maryland CO2 Budget Trading Program consists of allowances to cover CO2 emissions for the following:

(1) [37,503,983] 18,671,045 tons for [2009—2013] 2018;

(2) [20,360,944] 17,931,922 tons for [2014] 2019;

(3) [19,851,920] 17,483,623 tons for [2015] 2020;

(4) [19,355,622] 16,790,271 tons for [2016] 2021;

(5) [19,149,790] 16,281,475 tons for [2017] 2022;

(6) [18,671,045] 15,772,679 tons for [2018] 2023;

(7) [18,204,269] 15,263,882 tons for [2019] 2024; [and]

(8) [17,749,162] 14,755,086 tons for [2020] 2025 [and each succeeding calendar year.];

(9) 14,246,290 tons for 2026;

(10) 13,737,494 tons for 2027;

(11) 13,228,698 tons for 2028;

(12) 12,719,902 tons for 2029; and

(13) 12,211,106 tons for 2030 and each succeeding calendar year.

B. CO2 Allowances Available for Allocation. For allocation years 2014 through [2020] 2031, the Maryland CO2 Budget Trading Program adjusted budget shall be the maximum number of allowances available for allocation in a given allocation year, except for CO2 offset allowances and CO2 CCR allowances.

C. Cost Containment Reserve Allocation. The Department shall allocate CO2 CCR allowances, separate from and in addition to the Maryland CO2 Budget Trading Program base budget set forth in §A of this regulation, to the Consumer Energy Efficiency Account. The CCR allocation is for the purpose of containing the cost of CO2 allowances. The Department shall allocate CO2 CCR allowances in the following manner:

(1) (text unchanged)

(2) On or before January 1, 2015, and each calendar year thereafter through 2020, the Department shall allocate CO2 CCR allowances sufficient to replenish Maryland’s 22.6 percent proportional share of the CCR.

(3) On or before January 1, 2021, and each calendar year thereafter, the Department shall allocate current vintage year CCR allowances equal to the following:

(a) 2,236,466 CCR allowances for 2018, 2019, and 2020;

(b) 1,679,027 CCR allowances for 2021;

(c) 1,628,147 CCR allowances for 2022;

(d) 1,577,267 CCR allowances for 2023;

(e) 1,526,388 CCR allowances for 2024;

(f) 1,475,508 CCR allowances for 2025;

(g) 1,424,629 CCR allowances for 2026;

(h) 1,373,749 CCR allowances for 2027;

(i) 1,322,869 CCR allowances for 2028;

(j) 1,271,990 CCR allowances for 2029; and

(k) 1,221,110 CCR allowances for 2030 and each succeeding calendar year.

(4) The Department shall withdraw the number of CO2 allowances that remain in the Consumer Energy Efficiency Account at the end of the prior calendar year.

D. Emissions Containment Reserve Withholding. The Department shall convert or transfer any CO2 allowances that have been withheld from any auction(s) into the Emissions Containment Reserve Account. The ECR withholding is for the purpose of additional emissions reduction in the event of lower than anticipated emissions reduction costs. The Department shall withhold CO2 ECR allowances in the following manner.

(1) If the condition in COMAR 26.09.04.06B(4)(a) is met at an auction, then the maximum number of CO2 ECR allowances that will be withheld from that auction will be equal to the following, minus the total quantity of CO2 ECR allowances that have been withheld from any prior auction(s) in that calendar year:

(i) 1,679,027 for 2021;

(ii) 1,628,148 for 2022;

(iii) 1,577,268 for 2023;

(iv) 1,526,388 for 2024;

(v) 1,475,509 for 2025;

(vi) 1,424,629 for 2026;

(vii) 1,373,749 for 2027;

(viii) 1,322,870 for 2028;

(ix) 1,271,990 for 2029; and

(x) 1,221,111 for 2030 and each succeeding calendar year.

(2) Any CO2 ECR allowances withheld from an auction will be transferred into the Emission Containment Reserve Account.

(3) Allowances that have been transferred into the Emission Containment Reserve Account shall not be withdrawn.

[D.] E. (text unchanged)

[E.] F. [Interim] Adjustment for First Control Period Banked Allowances. By January 15, 2014, the Department shall [determine] establish the [interim] adjustment for first control period banked allowances as 1,863,361 allowances applicable to allocation years 2014 through 2020 [by use of the following formula:] .

[(1) FCPIABA is the first control period interim adjustment for banked allowances in tons;

(2) FCPA is the total quantity of allocation year 2009, 2010, and 2011 CO2 allowances held in general and compliance accounts, including compliance accounts established pursuant to the Maryland CO2 Budget Trading Program, but not including accounts opened by participating states, as reflected in the CO2 Allowance Tracking System (COATS) on January 1, 2014; and

(3) RS% is 0.2237, which is Maryland’s 2013 budget divided by the 2013 regional budget.]

[F.] G. [Interim] Adjustment for Second Control Period Banked Allowances. On March 15, 2014, the Department shall [determine] establish the [interim] adjustment for second control period banked allowances as 3,106,578 allowances applicable to allocation years 2015 through 2020 [by use of the following formula:] .

[(1) SCPIABA is the second control period interim adjustment for banked allowances in tons;

(2) SCPA is the total quantity of allocation year 2012 and 2013 CO2 allowances held in general and compliance accounts, including compliance accounts established pursuant to the Maryland CO2 Budget Trading Program, but not including accounts opened by participating states, as reflected in the CO2 Allowance Tracking System (COATS) on March 17, 2014; and

(3) SCPE is the total quantity of 2012 and 2013 emissions from all CO2 budget sources in all participating states, reported pursuant to the Maryland CO2 Budget Trading Program as reflected in the CO2 Allowance Tracking System (COATS) on March 17, 2014.

(4) RS% is 0.2237, which is Maryland’s 2013 budget divided by the 2013 regional budget.]

H. Third Adjustment for Banked Allowances. On March 15, 2021, the Department shall establish the third adjustment for banked allowances quantity for allocation years 2021 through 2025 through the application of the following formula:

 TABA = ((TA – TAE)/5) x RS%

Where:

(1) TABA is the third adjustment for banked allowances quantity in tons;

(2) TA, third adjustment, is the total quantity of allowances of vintage years prior to 2021 held in general and compliance accounts, including compliance accounts established pursuant to the CO2 Budget Trading Program, but not including accounts opened by participating states, as reflected in the CO2 Allowance Tracking System (COATS) on March 15, 2021;

(3) TAE, third adjustment emissions, is the total quantity of 2018, 2019, and 2020 emissions from all CO2 budget sources in all participating states, reported pursuant to the CO2 Budget Trading Program as reflected in the CO2 Allowance Tracking System (COATS) on March 15, 2021;

(4) RS% is Maryland’s budget divided by the regional budget.

[G.] I. CO2 Budget Trading Program Adjusted Budgets.

[(1) The Department shall determine the Maryland CO2 Budget Trading Program adjusted budget for the 2014 allocation year by the following formula:

AB = BB – FCPIABA

Where:

(a) AB is the Maryland CO2 Budget Trading Program 2014 adjusted budget;

(b) BB is the Maryland CO2 Budget Trading Program 2014 base budget; and

(c) FCPIABA is the first control period interim adjustment for banked allowances quantity.]

[(2)] (1) On April 15, [2014] 2019 the Department shall [determine] establish the Maryland CO2 Budget Trading Program adjusted budgets for the [2015] 2018 through 2020 allocation years [by the following formula] as follows:

[AB = BB – (FCPIABA + SCPIABA)

Where:]

(a) [AB is the Maryland CO2 Budget Trading Program adjusted budget] 13,701,106 allowances in 2018;

(b) [BB is the Maryland CO2 Budget Trading Program base budget] 12,961,983 allowances in 2019; and

(c) [FCPIABA is the first control period interim adjustment for banked allowances; and] 12,513,684 allowances in 2020.

[(d) SCPIABA is the second control interim adjustment for banked allowances.]

(2) On April 15, 2021, the Department shall establish the Maryland CO2 Budget Trading Program adjusted budgets for the 2021 through 2025 allocation years by the following formula:

AB = BB – TABA

Where:

(a) AB is the Maryland CO2 Budget Trading Program adjusted budget;

(b) BB is the Maryland CO2 Budget Trading Program base budget; and

(c) TABA is the third adjustment for banked allowances quantity in tons.

(3) After making the determinations required by [§G(1)] §I(1) and (2) of this regulation, the Department will post on the Department website the CO2 trading program adjusted base budgets for the [2014] 2021 through [2020] 2025 allocation years.

[H.] J. General Distribution of CO2 Allowances.

(1) The Department shall open and manage a general account for the following:

(a) — (b) (text unchanged)

[(c) The Voluntary Renewable Set-aside Account;]

[(d)] (c)[(e)] (d) (text unchanged)

(2) On or before January 31 of each calendar year, the Department shall allocate all CO2 allowances from the CO2 Budget Trading Program to the Consumer Energy Efficiency Account, except as directed in [§H(3)] §J(3) and (4) of this regulation.

(3) The Department shall allocate CO2 allowances from the Consumer Energy Efficiency Account to each of the following accounts, except as directed in COMAR 26.09.02.09, so that the total number of allowances in each account is:

(a) [3,465,101] The following number of allowances in the Limited Industrial Set-aside Account[;]:

(i) 3,465,101 for 2018;

(ii) 2,976,734 for 2019;

(iii) 2,488,367 for 2020;

(iv) 2,000,000 for 2021and each succeeding calendar year.

(b) 1,600,000 in the Long Term Contract (LTC) Set-aside Account; and

[(c) 350,000 in the Voluntary Renewable Set-aside Account; and]

[(d)] (c) [1,875,199] The following number of allowances in the Clean Generation Set-aside Account[.]:

(i) 1,687,679 for 2018;

(ii) 1,500,159 for 2019;

(iii) 1,312,639 for 2020;

(iv) 1,125,119 for 2021; and

(v) 937,599 for 2022.

(4) If, on December 31 of each year, allowances have been sold or awarded from a set-aside account such that the number of allowances in the set-aside account falls below the required allocation in [§H(3)(a)—(d)] §J(3)(a)—(c) of this regulation, as applicable, that account shall be replenished from the Consumer Energy Efficiency Account in the following calendar year using allowances from that calendar year.

[I.] K. Demonstrating Compliance.

(1) (text unchanged)

(2) As of the CO2 allowance transfer deadline for an interim control period, the owners and operators of each CO2 budget source and each CO2 budget unit at the source shall hold, in the source’s compliance account for deduction under [§I] §K of this regulation, CO2 allowances for no less than 50 percent of the total CO2 emissions for the interim control period from all CO2 budget units at the source.

(3) — (4) (text unchanged)

(5) The identification of available CO2 allowances for compliance deduction by serial number or by default is as follows:

(a) (text unchanged)

(b) In the absence of an identification or in the case of a partial identification of available CO2 allowances by serial number, the Department shall deduct CO2 allowances for a control period or interim control period in the following descending order:

(i) — (ii) (text unchanged)

(iii) Subject to the relevant compliance deduction limitations identified in [§I(3)(c)] §K(3)(c) of this regulation, any CO2 offset allowances transferred and recorded in the compliance account, in chronological order; and

(iv) Any CO2 allowances, other than those identified in [§I(5)(b)(i)—(iii)] §K(5)(b)(i)—(iii) of this regulation, that are available for deduction in the order they were recorded.

(6) Deductions for Excess Emissions.

(a) If a CO2 budget source has excess emissions, the Department shall deduct [,] CO2 allowances from the CO2 budget source’s compliance account [, CO2 allowances from allocation years that occur after the control period or interim control period in which the excess emissions or excess interim emissions occurred,] equal to three times the excess emissions.

(b) — (d) (text unchanged)

(7) — (9) (text unchanged)

.04 Permits.

A. [General] CO2 Budget Permit Requirements.

(1) — (3) (text unchanged)

B. — E. (text unchanged)

.06 Limited Industrial Exemption Set-aside Account.

A. (text unchanged)

B. A CO2 budget source is exempt from the requirements of Regulation [.03D] .03E of this chapter if it meets the following criteria:

(1) (text unchanged)

(2) Submits a request for and receives the Department’s approval of a climate action plan which requires reduction of [CO2] CO2e emissions through reasonably available reduction practices not limited to the following:

(a) — (d) (text unchanged)

(3) (text unchanged)

C. (text unchanged)

D. An exempt CO2 budget source shall:

(1) — (2) (text unchanged)

(3) Beginning the [February 28] April 1 of the year after the Department approved the CO2 budget source’s exemption, report annually to the Department the following:

(a) (b) (text unchanged)

(4) (5) (text unchanged)

E. — F. (text unchanged)

G. After the Department has retired CO2 allowances from the Limited Industrial Exemption Set-aside Account for the preceding calendar year, the Department shall supplement the remaining allowances in the account by transferring from the Consumer Energy Efficiency Account the number of allowances needed to restore the balance of the Limited Industrial Exemption Set-aside Account to [3,465,101] the amount described in Regulation .03J(3)(a) of this chapter for that calendar year.

.07 Long Term Contract Set-aside Account.

A. B. (text unchanged)

C. The number of allowances purchased from the Long Term Contract Set-aside Account by an applicant may not exceed the equivalent tons of CO2 that the applicant emits in the prior calendar year.

[C.] D. [H.] I. (text unchanged)

.11 Record Keeping and Reporting.

A. — G. (text unchanged)

H. Ongoing Quality Assurance and Quality Control.

(1) — (2) (text unchanged)

(3) Nonbilling Meters.

(a) Certain types of equipment such as potential transformers, current transformers, nozzle and [venture] venturi type meters, and the primary element of an orifice plate only require an initial certification of calibration and do not require periodic recalibration unless the equipment is physically changed.

(b) — (e) (text unchanged)

(4) (text unchanged)

I. (text unchanged)

 

26.09.03 Offset Projects

Authority: Environment Article, §§1-101, 1-404, 2-103, and 2-1002(g), Annotated Code of Maryland

.01 Purpose.

The Department shall provide for the award of CO2 offset allowances to project sponsors of CO2 emissions offset projects that have demonstrated a reduction or avoidance of atmospheric loading of CO2, CO2 equivalent, or sequestered carbon. These requirements ensure that the awarded CO2 offset allowances represent real, additional, verifiable, enforceable, and permanent CO2 equivalent emission reductions or carbon sequestration. Subject to the relevant compliance deduction limitations identified in COMAR [26.09.02.03I] 26.09.02.03K, CO2 offset allowances may be used by any CO2 budget source for compliance purposes.

.02 General Requirements for CO2 Emission Offset Projects.

A. Eligible CO2 Emissions Offset Projects. In order to qualify for the award of CO2 offset allowances, the following offset projects shall satisfy all applicable requirements identified in this chapter:

(1) (text unchanged)

[(2) Reduction in emissions of sulfur hexafluoride (SF6);]

[(3)] (2) Sequestration of carbon due to reforestation, improved forest management, or avoided conversion; and

[(4) Reduction or avoidance of CO2 emissions from natural gas, oil, or propane end-use combustion due to end-use energy efficiency; and]

[(5)] (3) (text unchanged)

B. — E. (text unchanged)

F. Application Process.

(1) (text unchanged)

(2) Consistency Application Deadlines.

(a) (text unchanged)

(b) For offset projects involving reforestation, improved forest management or avoided conversion, the consistency application must be submitted no later than 1 year after the date the offset project is commenced, except as described in Regulation [.05J] .04J of this chapter.

(c) (text unchanged)

G. — I. (text unchanged)

.03 Landfill Methane Capture and Destruction Project Standards.

A. — C. (text unchanged)

D. Emissions Baseline Determination. The emissions baseline represents the potential fugitive landfill emissions of methane (CH4) measured in tons of CO2e as represented by the CH4 collected and metered for thermal destruction as part of the offset project and calculated in accordance with the following:

Emissions (tons CO2e) = (V × M x (1-OX) × GWP)/2000

where:

(1) — (3) (text unchanged)

(4) GWP = [23] 28 for the CO2e global warming potential of CH4.

E. Calculating Emissions Reductions. Emissions reductions shall be determined based on potential fugitive CH4 emissions that would have occurred at the landfill if metered CH4 collected from the landfill for thermal destruction as part of the offset project was not collected and destroyed. CO2e emissions reductions shall be calculated as follows:

Emissions Reductions (tons CO2e) = (V × M X (1-OX) × Cef × GWP)/2000

where:

(1) — (4) (text unchanged)

(5) GWP = [23] 28 for the CO2e global warming potential of CH4.

F. (text unchanged)

[.05] .04 Sequestration of Carbon due to Reforestation, Improved Forest Management, or Avoided Conversion.

A. — D. (text unchanged)

E. Calculating Carbon Sequestered. Net GHG reductions and GHG removal enhancements shall be calculated as required by section 6 of the forest offset protocol. The project’s risk reversal rating shall be calculated [as required by Appendix D of the forest offset protocol] using the Determination of a Forest Project’s Reversal Risk Rating assessment worksheet in Appendix D of the forest offset protocol.

F. Monitoring and Verification Requirements. Monitoring and verification is subject to the following requirements:

(1) (text unchanged)

(2) The consistency application shall include a monitoring and verification plan certified by an independent verifier accredited pursuant to Regulation [.08] .06 of this chapter, which shall consist of a forest carbon inventory program, as required by section 8.1 of the forest offset protocol; and

(3) (text unchanged)

G. (text unchanged)

H. Prior to the award of CO2 offset allowances pursuant to Regulation [.09] .07 of this chapter, or to any surrender of allowances pursuant to §I of this regulation, any quantity expressed in metric tons, or metric tons of CO2 equivalent, shall be converted to tons using the conversion factor specified in COMAR 26.09.01.02B(93).

I. (text unchanged)

J. Timing of Forest Offset Projects. The Department may award CO2 offset allowances under Regulation [.09] .07 of this chapter only for forest offset projects that are initially commenced on or after January 1, 2014.

K. Projects that Have Been Awarded Credits Under a Voluntary Greenhouse Gas Reduction Program.

(1) (text unchanged)

(2) The provisions of Regulation .02C(6) and F(2)(b) may not apply to forest projects that have been awarded credits under a voluntary greenhouse gas reduction program provided that the following conditions are satisfied:

(a) The project satisfies all other general requirements of this chapter, including all specific requirements of this regulation, for all reporting periods for which the project has been awarded credits under a voluntary greenhouse gas program and also intends to be awarded CO2 offset allowances pursuant to Regulation [.09] .07 of this chapter;

(b) At the time of submittal of the consistency application for the project, the project sponsor submits forest offset data reports and a monitoring and verification report meeting all requirements of §§F and G of this regulation that covers all reporting periods for which the project has been awarded credits under a voluntary greenhouse gas program and also seeks an award of CO2 offset allowances pursuant to Regulation [.09] .07 of this chapter; and

(c) The voluntary greenhouse gas program has published information on its website to allow the Department to verify the information included in the consistency application, and the consistency application includes information sufficient to allow the Department to make the following determinations:

(i) (text unchanged)

(ii) The project sponsor or voluntary greenhouse gas program has cancelled or retired all credits that were awarded for carbon sequestration that occurred during the time periods for which the project intends to be awarded CO2 offset allowances pursuant to Regulation [.09] .07 of this chapter, and such credits were cancelled or required for the sole purpose of allowing the project to be awarded CO2 offset allowances pursuant to Regulation [.09] .07 of this chapter.

[.07] .05 Avoided Methane Emissions from Agricultural Manure Management Operations.

A. — F. (text unchanged)

G. Emissions Baseline Determination.

(1) (text unchanged)

(2) Baseline CH4 emissions shall be calculated as follows:

[CO2e (tons)] Eb = (Vm × M)/2000 × GWP

where:

(a) [CO2e] Eb = Potential CO2e emissions due to calculated CH4 production under site-specific anaerobic storage and weather conditions (tons);

(b) Vm = Volume of CH4, in cubic feet, produced each month from [degradation] decomposition of volatile solids in a baseline uncontrolled anaerobic storage scenario under site-specific storage and weather conditions for the facility at which the manure or organic food waste is generated;

(c) (text unchanged)

(d) GWP = [23] 28 for the global warming potential of CH4.

(3) The estimated amount of volatile solids [degraded] decomposed each month under the uncontrolled anaerobic storage baseline scenario shall be calculated as follows:

VSdeg = VSavail × f

where:

(a) (text unchanged)

(b) VSavail = Volatile solids available for [degradation] decomposition in manure or organic food waste storage each month as determined from the equation:

VSavail = VSp + 1/2 VSin - VSout

where:

(i) (text unchanged)

(ii) VSin = Volatile solids added to manure or organic food waste storage during the course of the month, in kilograms; the factor of 1/2 is multiplied by this number to represent the average mass of volatile solids available for [degradation] decomposition for the entire duration of the month;

(iii) (text unchanged)

(c) (text unchanged)

(4) The volume of CH4 produced, in cubic feet, from [degradation] decomposition of volatile solids shall be calculated as follows:

Vm = [(VSdeg × B°)] (VSdec × B°) × 35.3147

where:

(a) (text unchanged)

(b) [VSdeg] VSdec = volatile solids [degraded] decomposed.

(c) B° = Manure or organic food waste type-specific maximum methane generation constant [(m3 CH4/kg VS degraded)] (m3 CH4/kg VS decomposed). For dairy cow manure, B° = 0.24 m3 CH4/kg VS [degraded] decomposed. The methane generation constant for other types of manure shall be those cited at U.S. EPA, Inventory of U.S. Greenhouse Gas Emissions and Sinks [, 1990—2007, EPA 430-R-09-004, Annex 3.10, A-170: “Waste Characteristics Data”]: 1990-2010, Annex 3, Table A-180, April 15, 2012, unless the project sponsor proposes an alternate methane generation constant and the alternate is approved by the Department. If the project sponsor proposes to use a methane generation constant other than the ones found in the above-cited reference, the project sponsor shall provide justification and documentation to the Department.

H. Calculating Emissions Reductions.

(1) Emissions reductions shall be [determined based on the potential emissions in tons of CO2e of the CH4 that would have been produced in the absence of the offset project under a baseline scenario that represents uncontrolled anaerobic storage conditions and releasing directly to the atmosphere.] calculated as follows:

ERt = EB – Ep

where:

(a) ERt = CO2e emissions reductions due to project activities;

(b) Eb = Potential CO2e emissions due to calculated CH4 production under site-specific anaerobic storage and weather conditions (tons); and

(c) Ep = CO2e emissions due to project activities additional to baseline (tons), including, but not limited to manure transportation, flaring, venting, and effluent management.

(2) Emissions reductions may not exceed the potential emissions of the anaerobic digester, as represented by the annual volume of CH4 produced by the anaerobic digester. [If the project is a regional-type digester,] CO2 emissions due to transportation of manure and organic food waste from the site where the manure and organic food waste was generated to the anaerobic digester shall be subtracted from the calculated emissions reduction.

(3) — (5) (text unchanged)

I. Monitoring and Verification Requirements.

(1) — (5) (text unchanged)

[(6) The project sponsor shall verify biogas CH4 composition quarterly through gas sampling and third-party laboratory analysis using applicable U.S. EPA test methods described in §I(7) of this regulation.]

[(7)] (6) Input Monitoring Requirements.

Input Parameter
Influent flow (mass) into the digester

Measurement Unit Kilograms (kg) per month (wet weight)

Frequency of Sampling
Monthly total into the digester

Sampling Method(s)

(a) Average herd population and American Society of Agricultural and Biological Engineers ASABE D384.2, Manure Production and Characteristics;
(b) Digester influent pump flow;
(c) Recorded weight

Influent total solids concentration (TS)

Percent (of sample)

Monthly, depending upon recorded variations

USGS, Methods for the Determination of Inorganic Substances in Water and Fluvial Sediments, Techniques of Water-Resources Investigations of the United States Geological Survey, Book 5, Chapter A1, Method Number I-3750, “Solids, residue on evaporation at 105 degrees C, total, gravimetric”

Influent volatile solids (VS) content of manure

Percent (of TS)

Monthly, depending upon recorded variations

U.S. EPA, Methods for the Chemical Analysis of Water and Wastes (MCAWW) (EPA/600/4-79/020), Method Number 160.4, “Volatile Residue by Muffle Furnace”

Average monthly ambient temperature

Temperature °C

Monthly (based on farm averages)

Closest National Weather Service-certified weather station

 

 


26.09.04 Auctions

Authority: Environment Article, §§1-101, 1-404, 2-103, and 2-1002(g), Annotated Code of Maryland

.06 Auction of CO2 Allowances.

A. (text unchanged)

B. General Requirements.

(1) The Department shall include the following information in the auction notice for each auction:

(a) — (b) (text unchanged)

(c) The minimum reserve price for the auction; [and]

(d) The CCR trigger price for the auction[.];

(e) The maximum number of CO2 allowances that may be withheld from sale at the auction if the condition of §B(4)(a) of this regulation is met; and

(f) The ECR trigger price for the auction.

(2) — (3) (text unchanged)

(4) The Department or its agent shall follow these rules for the withholding of CO2 ECR allowances from an auction:

(a) CO2 ECR allowances shall only be withheld from an auction if the demand for allowances would result in an auction clearing price that is less than the ECR trigger price prior to the withholding from the auction of any ECR allowances;

(b) If the condition in §B(4)(a) of this regulation is met at an auction, then the maximum number of CO2 ECR allowances that may be withheld from that auction will be equal to the quantity described in COMAR 26.09.02.03D(1) minus the total quantity of CO2 ECR allowances that have been withheld from any prior auction in that calendar year; and

(c) Any CO2 ECR allowances withheld from an auction will be transferred into the Emission containment reserve account.

BENJAMIN H. GRUMBLES
Secretary of the Environment

 


Errata

COMAR Title 10

At 45:21 Md. R. 973 (October 12, 2018), column 1, line 3 from the bottom:

For:       Effective Date: October 8, 2018.

Read:          Effective Date: October 22, 2018.

 

At 45:21 Md. R. 973 (October 12, 2018), column 2, line 12 from the top:

For:       Effective Date: October 8, 2018.

Read:          Effective Date: October 22, 2018.

 

At 45:21 Md. R. 973 (October 12, 2018), column 2, line 18 from the bottom:

For:       Effective Date: October 8, 2018.

Read:          Effective Date: October 22, 2018.

 

At 45:21 Md. R. 975 (October 12, 2018), column 1, line 19 from the top:

For:       Effective Date: October 8, 2018.

Read:          Effective Date: October 22, 2018.

[18-22-22]

 

 


Special Documents

 


DEPARTMENT OF THE ENVIRONMENT

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 November 1, 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. Such projects are intended to be scheduled for Commission action at its next business meeting, tentatively scheduled for December 6, 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. The deadline for the submission of written comments is November 13, 2018.

 

DATES:  The public hearing will convene on November 1, 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 November 13, 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:  Ava Stoops, Administrative Specialist, telephone:  (717) 238-0423; fax:  (717) 238-2436. Information concerning the applications for these projects is available at the Commission’s Water Application and Approval Viewer at https://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/regulatory/policies-guidance/docs/access-to-records-policy-2009-02.pdf. 

 

SUPPLEMENTARY INFORMATION: The public hearing will cover the following projects:

 

Projects Scheduled for Action:

Project Sponsor and Facility:  City of Aberdeen, Harford County, Md.  Modification to extend the approval term of the surface water withdrawal approval (Docket No. 20021210) to be coterminous with a revised Maryland Department of the Environment State Water Appropriation and Use Permit for the Aberdeen Proving Ground-Aberdeen Area.

Project Sponsor and Facility:  City of Aberdeen, Harford County, Md.  Modification to extend the approval term of the consumptive use approval (Docket No. 20021210) to be coterminous with a revised Maryland Department of the Environment State Water Appropriation and Use Permit for the Aberdeen Proving Ground-Aberdeen Area.

Project Sponsor and Facility:  Adams & Hollenbeck Waterworks, LLC (Salt Lick Creek), New Milford Township, Susquehanna County, Pa.  Application for renewal of surface water withdrawal of up to 0.720 mgd (peak day) (Docket No. 20141209).

Project Sponsor:  Aqua Pennsylvania, Inc.  Project Facility:  Beech Mountain System, Butler Township, Luzerne County, Pa.  Application for groundwater withdrawal of up to 0.124 mgd (30-day average) from Beech Mountain Well 3. 

Project Sponsor:  Aqua Pennsylvania, Inc.  Project Facility:  Beech Mountain System, Butler Township, Luzerne County, Pa.  Application for groundwater withdrawal of up to 0.144 mgd (30-day average) from Beech Mountain Well 1. 

Project Sponsor:  Aqua Pennsylvania, Inc.  Project Facility:  Beech Mountain System, Butler Township, Luzerne County, Pa.  Application for groundwater withdrawal of up to 0.144 mgd (30-day average) from Beech Mountain Well 2. 

Project Sponsor and Facility:  ARD Operating, LLC (Pine Creek), Watson Township, Lycoming County, Pa.  Application for renewal of surface water withdrawal of up to 0.720 mgd (peak day) (Docket No. 20141201).

Project Sponsor and Facility:  Bloomfield Borough Water Authority, Bloomfield Borough, Perry County, Pa.  Application for groundwater withdrawal of up to 0.055 mgd (30-day average) from Perry Village Well 2. 

Project Sponsor and Facility:  Denver Borough Authority, Denver Borough, Lancaster County, Pa.  Application for renewal of groundwater withdrawal of up to 0.098 mgd (30-day average) from Well 2 (Docket No. 19890104).

Project Sponsor and Facility:  Denver Borough Authority, Denver Borough, Lancaster County, Pa.  Application for renewal of groundwater withdrawal of up to 0.092 mgd (30-day average) from Well 3 (Docket No. 19890104).

Project Sponsor and Facility:  East Cocalico Township Authority, East Cocalico Township, Lancaster County, Pa.  Application for renewal of groundwater withdrawal of up to 0.045 mgd (30-day average) from Well 9 (Docket No. 19890101).

Project Sponsor and Facility:  East Cocalico Township Authority, East Cocalico Township, Lancaster County, Pa.  Application for renewal of groundwater withdrawal of up to 0.059 mgd (30-day average) from Well 10 (Docket No. 19890101).

Project Sponsor and Facility:  Eclipse Resources-PA, LP (Pine Creek), Gaines Township, Tioga County, Pa.  Application for surface water withdrawal of up to 3.000 mgd (peak day). 

Project Sponsor and Facility:  Masonic Village at Elizabethtown, West Donegal Township, Lancaster County, Pa.  Modification to increase consumptive use by an additional 0.055 mgd (peak day), for a total consumptive use of up to 0.230 mgd (peak day) (Docket No. 20030811).

Project Sponsor and Facility:  Repsol Oil & Gas USA, LLC (Seeley Creek), Wells Township, Bradford County, Pa.  Application for renewal of surface water withdrawal of up to 0.750 mgd (peak day) (Docket No. 20141212).

Project Sponsor and Facility:  Repsol Oil & Gas USA, LLC (Wyalusing Creek), Stevens Township, Bradford County, Pa.  Application for renewal of surface water withdrawal of up to 1.500 mgd (peak day) (Docket No. 20141213).

Project Sponsor and Facility:  Schuylkill Energy Resources, Inc., Mahanoy Township, Schuylkill County, Pa.  Application for renewal of groundwater withdrawal of up to 5.000 mgd (30-day average) from Maple Hill Mine Shaft Well (Docket No. 19870101).

Project Sponsor and Facility:  Schuylkill Energy Resources, Inc., Mahanoy Township, Schuylkill County, Pa.  Application for renewal of consumptive use of up to 2.550 mgd (peak day) (Docket No. 19870101).

Project Sponsor and Facility:  SWEPI LP (Cowanesque River), Nelson Township, Tioga County, Pa.  Application for renewal of surface water withdrawal of up to 0.533 mgd (peak day) (Docket No. 20141211).

Project Sponsor and Facility:  Tenaska Resources, LLC (Cowanesque River), Westfield Township, Tioga County, Pa.  Application for renewal of surface water withdrawal of up to 0.400 mgd (peak day) (Docket No. 20141214).

 

Project Scheduled for Action Involving a Diversion:

Project Sponsor and Facility:  City of Aberdeen, Harford County, Md.  Modification to extend the approval term of the out-of-basin diversion approval (Docket No. 20021210) to be coterminous with a revised Maryland Department of the Environment State Water Appropriation and Use Permit for the Aberdeen Proving Ground-Aberdeen Area.

 

Commission-Initiated Project Approval Modifications:

Project Sponsor and Facility:  Fox Hill Country Club, Exeter Borough, Luzerne County, Pa.  Conforming the grandfathering amount with the forthcoming determination for a groundwater withdrawal of up to 0.125 mgd (30-day average) from the Halfway House Well (Docket No. 20020605).

Project Sponsor and Facility:  Norwich Pharmaceuticals, Inc., Town of North Norwich, Chenango County, N.Y.  Conforming the grandfathering amount with the forthcoming determination for groundwater withdrawals of up to 0.106 mgd (30-day average) from Well 1 and up to 0.082 mgd (30-day average) from Well 2 (Docket No. 20050902).

 

Opportunity to Appear and Comment:

Interested parties may appear at the hearing to offer comments to the Commission on any business listed above required to be subject of a public hearing. 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 are 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 business listed above required to be subject of a public hearing may also be mailed to Ms. Ava Stoops, Administrative Specialist, Susquehanna River Basin Commission, 4423 North Front Street, Harrisburg, Pa. 17110-1788, or submitted electronically through www.srbc.net/about/meetings-events/public-hearing.html. Comments mailed or electronically submitted must be received by the Commission on or before November 13, 2018, to be considered.

 

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

 

Dated:  September 28, 2018.

 

STEPHANIE L. RICHARDSON
Secretary to the Commission

[18-22-14]

 

SUSQUEHANNA RIVER BASIN COMMISSION

Projects Approved for Minor Modifications

 

AGENCY:  Susquehanna River Basin Commission.

 

ACTION:  Notice.

 

SUMMARY:  This notice lists the minor modifications approved for a previously approved project by the Susquehanna River Basin Commission during the period set forth in “DATES.”

 

DATES:  July 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, telephone: (717) 238-0423, ext. 1312; fax: (717) 238-2436; e-mail: joyler@srbc.net. Regular mail inquiries may be sent to the above address.

 

SUPPLEMENTARY INFORMATION:  This notice lists previously approved projects, receiving approval of minor modifications, described below, pursuant to 18 CFR §806.18 for the time period specified above:

 

Minor Modifications Issued Under 18 CFR §806.18

Graymont (PA) Inc., Pleasant Gap Facility, Docket No. 20050306-2, Spring Township, Centre County, Pa.; approval to add Walker Township Water Association public water supply as an additional source of water for consumptive use; Approval Date:  July 6, 2018. 

Silver Springs Ranch, LLC, Docket No. 20170306-1, Monroe Township, Wyoming County, Pa.; approval authorizing the additional water use purpose of bulk supply to a horse training facility; Approval Date:  July 20, 2018. 

 

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

 

Dated:  October 4, 2018.

STEPHANIE L. RICHARDSON
Secretary to the Commission

[18-22-18]

 

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:  July 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, telephone:  (717) 238-0423, ext. 1312; fax:  (717) 238-2436; e-mail:  joyler@srbc.net. Regular mail inquiries may be sent to the above address.

 

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

 

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

Seneca Resources Corporation, Pad ID: DCNR Tract 007 Pad D, ABR-201807001; Delmar Township, Tioga County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: July 12, 2018.

Diversified Gas & Oil, LLC, Pad ID: Stubler Pad A, ABR-201305003.R1; Gamble Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: July 13, 2018.

SWN Production Company, LLC, Pad ID: GU 04 Williams Aeppli, ABR-201309001.R1; Herrick Township, Bradford County, Pa.; Consumptive Use of Up to 4.9999 mgd; Approval Date: July 18, 2018.

SWN Production Company, LLC, Pad ID: Dropp-Range-Pad46, ABR-201308016.R1; Jackson Township, Susquehanna County, Pa.; Consumptive Use of Up to 4.9990 mgd; Approval Date: July 27, 2018.

Repsol Oil & Gas USA, LLC, Pad ID: ALDERSON (05 269), ABR-201807002; Pike Township, Bradford County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: July 25, 2018.

Repsol Oil & Gas USA, LLC, Pad ID: BROADLEAF HOLDINGS (01 115), ABR-201807003; Springfield, Troy, and Columbia Townships, Bradford County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: July 25, 2018.

EXCO Resources (PA), LLC, Pad ID: Chaapel Hollow Unit, ABR-201305016.R1; Gamble Township, Lycoming County, Pa.; Consumptive Use of Up to 8.0000 mgd; Approval Date: July 30, 2018.

EXCO Resources (PA), LLC, Pad ID: Poor Shot Pad 2 Unit, ABR-201309007.R1; Anthony Township, Lycoming County, Pa.; Consumptive Use of Up to 8.0000 mgd; Approval Date: July 30, 2018.

 

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

 

Dated:  October 4, 2018.

STEPHANIE L. RICHARDSON
Secretary to the Commission

[18-22-16]

 

SUSQUEHANNA RIVER BASIN COMMISSION

Projects Rescinded for Consumptive Uses of Water

AGENCY:  Susquehanna River Basin Commission.

 

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

 

DATES:  July 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, telephone:  (717) 238-0423, ext. 1312; fax:  (717) 238-2436; e-mail:  joyler@srbc.net. Regular mail inquiries may be sent to the above address.

 

ACTION:  Notice.

 

SUPPLEMENTARY INFORMATION:  This notice lists the projects, described below, being rescinded 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:

 

Rescinded ABR Issued:

EXCO Resources (PA), LLC, Pad ID: Snyder Unit #1, ABR-20090430.R1; Franklin Township, Lycoming County, Pa.; Rescind Date: July 2, 2018.

EXCO Resources (PA), LLC, Pad ID: Kitzmiller Drilling Pad #1, ABR-20100546.R1; Jordan Township, Lycoming County, Pa.; Rescind Date: July 2, 2018.

EXCO Resources (PA), LLC, Pad ID: Marquardt Drilling Pad #1, ABR-201008008.R1; Davidson Township, Sullivan County, Pa.; Rescind Date: July 2, 2018.

 

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

 

Dated:  October 4, 2018.

STEPHANIE L. RICHARDSON
Secretary to the Commission

[18-22-17]

 

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:  August 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, telephone:  (717) 238-0423, ext. 1312; fax:  (717) 238-2436; e-mail:  joyler@srbc.net. Regular mail inquiries may be sent to the above address.

 

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

 

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

Cabot Oil & Gas Corporation, Pad ID: BurkeG P1, ABR-201808001; Auburn Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: August 15, 2018.

Cabot Oil & Gas Corporation, Pad ID: HauserJ P1, ABR-201808002; Springville Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: August 15, 2018.

Chief Oil & Gas, LLC, Pad ID: Rogers Drilling Pad, ABR-201401006.R1; Lenox Township, Susquehanna County, Pa.; Consumptive Use of Up to 2.5000 mgd; Approval Date: August 15, 2018.

Cabot Oil & Gas Corporation, Pad ID: BiniewiczS P1, ABR-201308001.R1; Gibson and Harford Townships, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: August 15, 2018.

Cabot Oil & Gas Corporation, Pad ID: KeevesJ P1, ABR-201308003.R1; Brooklyn Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: August 15, 2018.

Cabot Oil & Gas Corporation, Pad ID: BennettC P1, ABR-201308008.R1; Jessup Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: August 15, 2018.

Cabot Oil & Gas Corporation, Pad ID: MarchoW&M P1, ABR-201308009.R1; Gibson Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: August 15, 2018.

Cabot Oil & Gas Corporation, Pad ID: MeadB P1, ABR-201308013.R1; Bridgewater Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: August 15, 2018.

Cabot Oil & Gas Corporation, Pad ID: PayneD P1, ABR-201308014.R1; Harford Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: August 15, 2018.

Range Resources - Appalachia, LLC, Pad ID: Laurel Hill 9H – 11H, ABR-201308010.R1; Cogan House Township, Lycoming County, Pa.; Consumptive Use of Up to 1.0000 mgd; Approval Date: August 16, 2018.

Range Resources - Appalachia, LLC, Pad ID: Dog Run HC Unit 4H – 6H, ABR-201308011.R1; Cummings Township, Lycoming County, Pa.; Consumptive Use of Up to 1.0000 mgd; Approval Date: August 16, 2018.

SWN Production Company, LLC, Pad ID: Heckman Hiduk (Pad GS), ABR-201310003.R1; Herrick and Stevens Townships, Bradford County, Pa.; Consumptive Use of Up to 4.9990 mgd; Approval Date: August 28, 2018.

Repsol Oil & Gas USA, LLC, Pad ID: DCNR 594 (02 207), ABR-201808003; Bloss and Liberty Townships, Tioga County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: August 28, 2018.

 

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

 

Dated:  October 10, 2018.

STEPHANIE L. RICHARDSON
Secretary to the Commission

[18-22-20]

 


MARYLAND HEALTH CARE COMMISSION

SCHEDULE FOR CERTIFICATE OF ONGOING PERFORMANCE REVIEWS

Percutaneous Coronary Intervention Services

 

The Maryland Health Care Commission provides the following schedule for the review of applications for Certificates of Ongoing Performance of percutaneous coronary intervention (PCI) services.  This schedule replaces the schedule for PCI services published on August 3, 2018.

Applications must be submitted no later than the published due date and will only be received and reviewed in accordance with this published schedule. All applications, including the required number of copies, must be received at the offices of the Maryland Health Care Commission, 4160 Patterson Avenue, Baltimore, Maryland 21215, no later than 4:30 p.m. on the scheduled date of submission.  For further information about the review schedules or procedures, contact Eileen Fleck, Chief, Acute Care Policy and Planning, at eileen.fleck@maryland.gov or 410-764-3287.

 

Percutaneous Coronary Intervention Services

 

Hospitals

Application Submission Date

Anne Arundel                             MedStar Franklin Square

Carroll                                        St. Agnes

Howard County General            UM Baltimore Washington

Johns Hopkins Bayview             UM Upper Chesapeake

March 22, 2019

MedStar Union Memorial           University of Maryland

Peninsula Regional                      UM St. Joseph

Sinai of Baltimore                       Western Maryland

The Johns Hopkins

June 21, 2019

Frederick Memorial                      UM Prince George’s

Holy Cross of Silver Spring         AHC Shady Grove

MedStar Southern Maryland        Suburban

Meritus                                         AHC Washington Adventist

September 21, 2019

        Note: Due to the concentration of PCI programs in the Baltimore Upper Shore Health Planning Region, the performance reviews for these hospitals have been distributed over two review cycles, with the first cycle covering the Baltimore Upper Shore region hospitals that currently provide PCI services only and the second cycle   covering the Baltimore Upper Shore region hospitals with both cardiac surgery and PCI services.

[18-22-28]

 


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.

 


COMMISSION ON CRIMINAL SENTENCING POLICY

Subject: Public Hearing

Date and Time: December 11, 2018, 5 — 6:15 p.m.

Place: House of Delegates Office Bldg., 6 Bladen St., Judiciary Committee Rm. (Rm. 100), Annapolis, MD

Add'l. Info: The Maryland State Commission on Criminal Sentencing Policy (MSCCSP or Commission) invites public comment on criminal sentencing policy-related issues. The Commission asks those who wish to speak at the public hearing to register and submit written comments at least 3 days prior to the meeting. Please register and submit written comments by sending an email to dsoule@umd.edu.

Contact: David Soule (301) 403-4165

[18-22-12]

 

COMMISSION ON CRIMINAL SENTENCING POLICY

Subject: Public Meeting

Date and Time: December 11, 2018, 6:30 — 8 p.m.

Place: House of Delegates Office Bldg., 6 Bladen St., Judiciary Committee Rm. (Rm. 100), Annapolis, MD

Contact: David Soule (301) 403-4165

[18-22-13]

 

BOARD OF DIETETIC PRACTICE

Subject: Public Meeting

Date and Time: November 15, 2018, 10 a.m. — 12 p.m.

Place: Metro Executive Bldg., 4201 Patterson Ave., Rm. 106, Baltimore, MD

Contact: Lenelle Cooper (410) 764-4733

[18-22-10]

 

EMERGENCY MEDICAL SERVICES BOARD

Subject: Public Meeting

Date and Time: November 13, 2018, 9 — 11 a.m.

Place: 653 W. Pratt St., Ste. 212, Baltimore, MD

Add'l. Info: The State Emergency Medical Services Board (EMS Board) meets regularly on the 2nd Tuesday of each month.

Contact: Leandrea Gilliam (410) 706-4449

[18-22-01]

EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL

Subject: Public Meeting

Date and Time: November 1, 2018, 1 — 3 p.m.

Place: 653 W. Pratt St., Ste. 212, Baltimore, MD

Add'l. Info: The State Emergency Medical Services Advisory Council meets regularly on the 1st Thursday of each month.

Contact: Leandrea Gilliam (410) 706-4449

[18-22-02]

 

MARYLAND DEPARTMENT OF HEALTH

Subject: Public Hearing

Date and Time: November 1, 2018, 9 a.m. — 12 p.m.

Place: West Village Commons, Towson University, 424 Emerson Dr., Towson, MD 21204

Add'l. Info: Meeting of the Maryland Medicaid Pharmacy Program’s Pharmacy and Therapeutics Committee (Preferred Drug List). As soon as available, classes of drugs to be reviewed, speaker registration guidelines, and directions to meeting location will be posted on the Maryland Medicaid Pharmacy Program website at  https://mmcp.health.maryland.gov/pap/Pages/Public-Meeting-Announcement-and-Procedures-for-Public-Testimony.aspx.

     Submit questions via email to  mdh.marylandpdlquestions@maryland.gov.

Contact: Shawn Brice (410) 767-6896

[18-22-06]

 

MARYLAND DEPARTMENT OF HEALTH

Subject: Public Hearing

Date and Time: November 27, 2018, 10:30 a.m. — 12:30 p.m.

Place: 100 Community Pl., Conf. Rm. Side A, Crownsville, MD

Add'l. Info: The Maryland Department of Health (the Department) is proposing an amendment to its §1115 demonstration waiver known as HealthChoice to establish a limited Collaborative Care Pilot. The Centers for Medicare and Medicaid Services (CMS) has authorized the Department’s existing §1115 waiver through December 31, 2021. HealthChoice, first implemented in 1997 under the authority of §1115 of the Social Security Act, is Maryland’s Statewide mandatory managed care program for Medicaid enrollees. Under HealthChoice, eligible families and individuals are required to enroll in a managed care organization (MCO) that has been approved by the Department. Each MCO is responsible for ensuring that HealthChoice enrollees have access to a network of medical providers that can meet their health needs.

The State’s 30-day public comment period will open on November 20, 2018. Electronic copies of the draft waiver amendment application will be available on that date and may be downloaded from https://mmcp.health.maryland.gov/Pages/1115-HealthChoice-Waiver-Renewal.aspx. Hard copies of the application may be obtained by calling (410) 767-5208.

Interested parties may send written comments concerning the waiver amendment to Tricia Roddy, Planning Administration, Office of Health Care Financing, Maryland Department of Health, 201 West Preston Street, Room 224, Baltimore, Maryland 21201, or via email to mdh.healthchoicerenewal@maryland.gov. The Department will accept comments from November 20, 2018, until December 19, 2018.

The following public hearings will discuss the content of the waiver amendment and solicit feedback and input from public stakeholders:

Crownsville: Tuesday, November 27, 2018; 10:30 a.m. — 12:30 p.m.; 100 Community Place, Conference Room Side A, Crownsville, Maryland 21032.

Baltimore City: Tuesday, December 4, 2018; 3 — 5 p.m.; Maryland Department of Health, 201 West Preston Street, Room L-2, Baltimore, Maryland 21201.

Webinar Access: To participate in the public hearing remotely, please visit  https://mdhealth.webex.com/mdhealth/j.php?MTID=m8feaeb63e621c4ebe2f2016a851ecf86  Audio Conference Line: 1-240-454-0887. Meeting Number (access code): 643 875 572.

Contact: Alyssa Brown (410) 767-9795

[18-22-25]

 

MARYLAND DEPARTMENT OF HEALTH/ TASK FORCE TO STUDY ACCESS TO HOME HEALTH CARE FOR CHILDREN AND ADULTS

Subject: Public Meeting

Date and Time: November 14, 2018, 2 — 4 p.m.

Place: 201 W. Preston St., Rm. L-1, Baltimore, MD

Add'l. Info: Meeting regarding the Report on Home-and Community Based Services as required by H.B. 1696 (Ch. 798, Acts of 2018).

Contact: Yasmine Haughton (410) 767-5186

[18-22-08]

 

MARYLAND INSURANCE ADMINISTRATION

Subject: Public Hearing

Date and Time: November 5, 2018, 9 a.m. — 12 p.m.

Place: Maryland Insurance Administration, 200 St. Paul Pl., 24th Fl., Hearing Room, Baltimore, MD

Add'l. Info: The Maryland Insurance Administration will conduct a public hearing on specific rate increase requests being made by certain Long-Term Care Insurance carriers operating in Maryland. The hearing will focus on several rate increase requests before the Maryland Insurance Administration.

     In the individual long-term care market, these include requests from Teachers Insurance and Annuity Association of America, TIAA-CREF Life Insurance Company, Metropolitan Life Insurance Company, Lincoln National Life Insurance Company, State Farm Mutual Automobile Insurance Company, Lincoln Benefit Life Company and MedAmerica Insurance Company. In the group long-term care market, these include requests from Metropolitan Life Insurance Company.

     The purpose of the hearing is for insurance company officials to explain their reasons for the rate increases. Interested stakeholders will also have the opportunity to provide comments at the hearing. Prior to the hearing, copies of each company’s actuarial memorandum will be posted to the Maryland Insurance Administration’s website.

     If you plan on attending, please RSVP to Nancy Muehlberger. If you will be dialing into the public hearing, and wish to provide oral testimony, please RSVP to Nancy Muehlberger. Testimony will only be heard via the telephone to those who have RSVP’d in advance of the public hearing. Interested parties are also encouraged to submit written comments.

     Written comments and RSVPs should be sent to Nancy Muehlberger by October 29, 2018, either by email to longtermcare.mia@maryland.gov or by mail to 200 St. Paul Place, Suite 2700, Baltimore, MD 21202, or by fax to 410-468-2038.

Questions regarding this hearing should be directed to Nancy Muehlberger by phone to 410-468-2050, or by email to nancy.muehlberger@maryland.gov.

Contact: Nancy Muehlberger (410) 468-2050

[18-22-27]

 

MARYLAND DEPARTMENT LABOR, LICENSING, AND REGULATION, SECONDHAND PRECIOUS METAL OBJECT DEALER AND PAWNBROKER LICENSING PROGRAM

Subject: Public Hearing

Date and Time: December 13, 2018, 10 a.m. — 12 p.m.

Place: 500 N. Calvert St., 2nd Fl. Conf. Rm., Baltimore, MD

Add'l. Info: The Maryland Department of Labor, Licensing, and Regulation, Secondhand Precious Metal Object Dealers and Pawnbrokers Licensing Program gives notice of a public hearing concerning Case No.: SPMG-DR-19-0001, In the Matter of: A Petition for Declaratory Ruling filed by EBTH.COM LLC, pursuant to State Government Article, §§10-304 and 10-305, Annotated Code of Maryland, the Department of Labor, Licensing, and Regulation (“Department”) and the Secondhand Precious Metal Object Dealers and Pawnbrokers Licensing Program (“Program”) gives the following notice of the opportunity for a hearing on the petition for declaratory ruling filed by EBTH.COM LLC (Licensee: James Christopher Ashely, Everything But the House, Inc.).

The Petitioner requests that the Secretary issue a ruling declaring that:

(1) The use of any form of the term “acquire, acquired, and acquisition” when used in Business Regulation Article, Title 12, Annotated Code of Maryland, and in reference to “precious metal objects” “shall denote ownership as opposed to mere possession, of those objects”;

(2) The holding period set forth in Business Regulation Article, §§12-301(e) and (f), 12-305(a), (c), and (d), Annotated Code of Maryland, and the record-keeping requirements in the Maryland Secondhand Precious Metal Object Dealers and Pawnbrokers Act (“Act”), contained in Business Regulation Article, §§12-301(a) and 12-302(a), Annotated Code of Maryland, do not apply to a dealer who “merely possesses, but does not own, a precious metal object.”

By way of this Petition, EBTH requests the Secretary to determine whether the record-keeping requirements and requirements for a holding period prior to a dealer’s release of precious metal objects that come into their possession, are applicable to all dealers of secondhand precious metal objects, including those who operate traditional auction sites and those who arrange for the sale of objects on Internet auction sites, and the application of the requirements is not restricted to only those dealers who “acquire” the objects.

Provisions of the Act subject to interpretation or relevant to the Petition: Business Regulation Article, §§12-301(a), (e), and (f), 12-302(a), and 12-305(a), (c), and (d), Annotated Code of Maryland.

The hearing will be conducted in accordance with the Department’s hearing regulations in COMAR 09.01.02. The hearing is a public hearing and testimony or documentary evidence may additionally be taken from members of the public attending the hearing. Interested parties may submit written testimony or documentary evidence no later than November 26, 2018, to the Program to Shanai R. Jordan, Executive Director, Secondhand Precious Metal Object Dealers and Pawnbrokers Licensing Program, 500 N. Calvert Street, Third Floor, Baltimore, MD 21202, or by email at shanai.jordan@maryland.gov for consideration prior to the hearing date and to be presented at the hearing before the Secretary.

A ruling may be made at the conclusion of the hearing or the Secretary may elect to issue a written ruling within 90 days of the date of the hearing.

Submit questions to Shanai R. Jordan, Executive Director, Secondhand Precious Metal Object Dealers and Pawnbrokers Licensing Program, shanai.jordan@maryland.gov, or (410) 230-6318.

Contact: Shanai Jordan (410) 230-6318

[18-22-09]

 

MARYLAND STATE LOTTERY AND GAMING CONTROL COMMISSION

Subject: Public Meeting

Date and Time: November 15, 2018, 10 a.m. — 12 p.m.

Place: Montgomery Park Business Center, 1800 Washington Blvd., Studio, Baltimore, MD

Contact: Kathy Lingo (410) 230-8790

[18-22-11]

 

MARYLAND COMMISSION ON ARTISTIC PROPERTY

Subject: Public Meeting

Date and Time: November 15, 2018, 10:30 a.m. — 12:30 p.m.

Place: Maryland State House, Old House of Delegates Chamber, Annapolis, MD

Contact: Christopher J. Kinzel (410) 260-6475

[18-22-26]

 

MARYLAND HEALTH CARE COMMISSION

Subject: Public Meeting

Date and Time: November 15, 2018, 1 — 4 p.m.

Place: 4160 Patterson Ave., Rm. 100, Baltimore, MD

Contact: Valerie Wooding (410) 764-3570

[18-22-03]

 

MARYLAND HEALTH CARE COMMISSION

Subject: Receipt of Application

Add'l. Info: On October 5, 2018 the Maryland Health Care Commission (MHCC) received two Certificate of Need applications submitted by:

Maryland Surgery Center — Matter No. 18-15-2434. Conversion of an existing procedure room to a second sterile operating room for a total of two sterile operating room and four non-sterile procedure rooms at the facility located in Rockville. Proposed Cost: $183,155.

HealthSouth Chesapeake Rehabilitation Hospital — Matter No. 18-22-2435. Addition of ten inpatient rehabilitation beds to the current 64-bed facility located in Salisbury. Proposed Cost: $5,717,015.

The MHCC shall review the applications under Health-General Article, §19-101 et seq., Annotated Code of Maryland, and COMAR 10.24.01.

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.

Please refer to the Matter No. listed above in any correspondence on the applications. A copy of the applications are available, for review, in the office of the MHCC, during regular business hours by appointment, or on the Commission’s website at www.mhcc.maryland.gov.

All correspondence should be addressed to Paul Parker, Deputy Director, Center for Health Care Facilities Planning and Development, MHCC, 4160 Patterson Ave., Baltimore, Maryland 21215

Contact: Ruby Potter (410) 764-3276

[18-22-19]

 

DEPARTMENT OF NATURAL RESOURCES/FISHING AND BOATING SERVICES

Subject: Public Notice — 2018 Atlantic Ocean Commercial Striped Bass Transfer Rules — Effective October 9, 2018

Add'l. Info: The Secretary of the Maryland Department of Natural Resources, pursuant to COMAR 08.02.15.04F — H, announces the following temporary and permanent transfer rules for the commercial striped bass fishery in the Atlantic Ocean for the 2018 quota year:

A Striped Bass Atlantic Ocean Fishery permit or allocation may be temporarily or permanently transferred during the quota year from October 1, 2018, through December 17, 2018.

The minimum allocation increment for an allocation transfer will be 540 pounds, or the entire remaining allocation if the transferor has less than 540 pounds.

For each increment of 540 pounds transferred, the transferor must return 50 tags to the department. If the transfer is less than 540 pounds, all remaining tags assigned to the transferor must transferred to the transferee.

For each increment of 540 pounds received, the transferee will be issued 50 new tags by the Department.

Mark J. Belton

Secretary of Natural Resources

Contact: Tamara O'Connell (410) 507-0779

[18-22-15]

 

RACING COMMISSION

Subject: Public Meeting

Date and Time: November 29, 2018, 12:30 — 1 p.m.

Place: Laurel Park, Laurel, MD

Contact: J. Michael Hopkins (410) 296-9682

[18-22-05]

 

BOARD OF WELL DRILLERS

Subject: Public Meeting

Date and Time: November 28, 2018, 9 a.m. — 12 p.m.

Place: MDE, 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

[18-22-07]

 

WORKERS' COMPENSATION COMMISSION

Subject: Public Meeting

Date and Time: November 8, 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 a closed session.

Contact: Amy Lackington (410) 864-5300

[18-22-04]

 

DIVISION OF WORKFORCE DEVELOPMENT AND ADULT LEARNING/MARYLAND APPRENTICESHIP AND TRAINING COUNCIL

Subject: Public Meeting

Date and Time: November 13, 2018, 9 — 12 a.m.

Place: Baltimore JATC for the Electrical Industry, 2699 West Patapsco Ave., Baltimore, MD

Add'l. Info: The Apprenticeship and Training Council will consider the approval and registration of new apprenticeship programs, revisions to presently approved apprenticeship programs and other business which may come before the Council.

Contact: Christopher D. MacLarion (410) 767-2246

[18-22-21]