Capitol Building Maryland Register

Issue Date: October 23, 2020

Volume 47 •  Issue 22  • Pages 923 — 968

IN THIS ISSUE

Governor

Judiciary

Regulations

Special Documents

General Notices

Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before October 5, 2020 5 p.m.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, 2020.
 
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 .....................................................................  927

 

COMAR Research Aids

Table of Pending Proposals ...........................................................  928

 

Index of COMAR Titles Affected in This Issue

COMAR Title Number and Name                                                  Page

03        Comptroller of the Treasury ..............................................  936

08        Department of Natural Resources .....................................  938

10        Maryland Department of Health ................................  937, 939

11        Department of Transportation ............................................  954

12        Department of Public Safety and Correctional Services .....  955

14        Independent Agencies .......................................................  936

15        Maryland Department of Agriculture ................................  936

26        Department of the Environment ................................  936, 937

33        State Board of Elections ....................................................  934

 

PERSONS WITH DISABILITIES

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

 

The Governor

ORDER OF THE GOVERNOR OF THE STATE OF
   MARYLAND

NUMBER 20-09-29-01 — Amending the Order of March 30,
   2020, Authorizing Remote Notarizations .............................  930

NUMBER 20-09-29-02 — Permitting Video and Electronic
   Maryland Insurance Administration Hearings ......................  930

PROCLAMATION

Renewal of Declaration of State of Emergency and Existence
   of Catastrophic Health Emergency — COVID-19 ...............
 931

 

The Judiciary

COURT OF APPEALS OF MARYLAND

DISCIPLINARY PROCEEDINGS ..................................  933

 

Emergency Action on Regulations

33  STATE BOARD OF ELECTIONS

CANVASSING

Post-Election Verification and Audit  934

EARLY VOTING

Early Voting Centers .  934

 

Final Action on Regulations

03  COMPTROLLER OF THE TREASURY

ONLINE FANTASY COMPETITIONS

Fantasy Sports Competition Regulations .  936

14  INDEPENDENT AGENCIES

COMMISSION ON CRIMINAL SENTENCING POLICY

Criminal Offenses and Seriousness Categories .......................  936

15  MARYLAND DEPARTMENT OF AGRICULTURE

SOIL AND WATER CONSERVATION

Manure Transportation Project  936

26  DEPARTMENT OF THE ENVIRONMENT

AIR QUALITY

Prohibitions on Use of Certain Hydrofluorocarbons in
   Aerosol Propellants, Chillers, Foam, and Stationary
   Refrigeration End-Uses .  936

 

Withdrawal of Regulations

10  MARYLAND DEPARTMENT OF HEALTH

BOARD OF MORTICIANS AND FUNERAL DIRECTORS

Inspection of Funeral Establishments ......................................  937

26  DEPARTMENT OF THE ENVIRONMENT

WATER POLLUTION

Permits .....................................................................................  937

 

Proposed Action on Regulations

08  DEPARTMENT OF NATURAL RESOURCES

FISHERIES SERVICE

Fishing Guide Provisions .........................................................  938

10  MARYLAND DEPARTMENT OF HEALTH

MEDICAL CARE PROGRAMS

Family Planning Program Eligibility .  939

HEALTH SERVICES COST REVIEW COMMISSION

Uniform Accounting and Reporting System for Hospitals and
   Related Institutions .  941

BOARD OF PHYSICAL THERAPY EXAMINERS

Fee Schedule .  941

NATALIE M. LAPRADE MEDICAL CANNABIS
   COMMISSION

Definitions ................................................................................  942

Medical Cannabis Grower Quality Control  942

Complaints, Adverse Events, and Recall  942

Medical Cannabis Concentrates and Medical Cannabis-
   Infused Products .  942

Medical Cannabis Finished Products Packaging .  942

Licensed Dispensary Packaging and Labeling for
   Distribution .  942

Discipline and Enforcement  942

Fee Schedule .  942

Edible Cannabis Products .  942

11  DEPARTMENT OF TRANSPORTATION

MARYLAND TRANSIT ADMINISTRATION

Distribution of Fare Products by Opioid Treatment
   Centers .  954

12  DEPARTMENT OF PUBLIC SAFETY AND
   CORRECTIONAL SERVICES

POLICE TRAINING AND STANDARDS COMMISSION

General Regulations .  955

 

Special Documents

DEPARTMENT OF THE ENVIRONMENT

SUSQUEHANNA RIVER BASIN COMMISSION

Projects Approved for Consumptive Uses of Water  957

Grandfathering (GF) Registration Notice .  958

Actions Taken at September 18, 2020, Meeting .  958

Public Hearing .  959

Public Hearing .  960

WATER AND SCIENCE ADMINISTRATION

Public Hearing Announcement  — Proposed Reissuance
   of Nationwide Permits with Regional Conditions — U.S.
   Army Corps of Engineers Nationwide Permits with
   Regional Conditions  (SPN-20-62 Nationwide Permit
   Reissuance) .......................................................................  961

Tentative Determination to Issue Stormwater Permit —
   Anne Arundel County, Maryland — NO. 20-DP-3316,
   NPDES NO. MD0068306 .  962

Tentative Determination to Issue Stormwater Permit —
   Baltimore City, Maryland — NO. 20-DP-3315, NPDES
   NO. MD0068292 .  963

Tentative Determination to Issue Stormwater Permit —
   Baltimore County, Maryland — NO. 20-DP-3317,
   NPDES NO. MD0068314 .  963

Tentative Determination to Issue Stormwater Permit —
   Montgomery County, Maryland — NO. 20-DP-3320,

   NPDES NO. MD0068349
.  964

DEPARTMENT OF NATURAL RESOURCES

FISHING AND BOATING SERVICES — PUBLIC
   NOTICE

Commercial Striped Bass Common Pool Hook and Line
   Fishery Modifications — Effective 10/6/2020 .................  965

 

General Notices

CHESAPEAKE BAY TRUST

Public Meeting .  966

STATE COLLECTION AGENCY LICENSING BOARD

Public Meeting .  966

COMPTROLLER OF THE TREASURY

Notice of Interest Rate on Refunds and Moneys Owed to the
   State .  966

COMMISSION ON CRIMINAL SENTENCING POLICY

Public Hearing .  966

Public Meeting .  966

BOARD OF DIETETIC PRACTICE

Public Meeting .  966

DEPARTMENT OF THE ENVIRONMENT/LAND AND
   MATERIALS ADMINISTRATION

Public Meeting .........................................................................  966

MARYLAND DEPARTMENT OF HEALTH

Public Hearing .  967

Call for Nominations for DUR Board .  967

MARYLAND DEPARTMENT OF HEALTH/ MARYLAND
   LOAN ASSISTANCE REPAYMENT PROGRAM FOR
   PHYSICIANS AND PHYSICIAN ASSISTANTS
   WORKGROUP

Public Meeting .  967

MARYLAND DEPARTMENT OF HEALTH/OFFICE OF
   HEALTH SERVICES

Second Public Notice for Maryland’s State Plan Amendment
   for Targeted Case Management Services for Certain
   Medicaid Programs Operated by the Developmental
   Disabilities Administration (DDA)  967

MARYLAND STATE LOTTERY AND GAMING CONTROL
   COMMISSION

Public Meeting .........................................................................  968

MARYLAND HEALTH CARE COMMISSION

Public Meeting .  968

BOARD OF OCCUPATIONAL THERAPY PRACTICE

Public Meeting .  968

BOARD OF WATERWORKS AND WASTE SYSTEMS
   OPERATORS

Public Meeting .........................................................................  968

BOARD OF WELL DRILLERS

Public Meeting .  968

Public Meeting .  968

WORKERS’ COMPENSATION COMMISSION

Public Meeting .........................................................................  968

 

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 2021

 

Issue
Date

Emergency

and Proposed

Regulations

5 p.m.*

Notices, etc.

10:30 a.m.

Final

Regulations

10:30 a.m.

2020

November 6

October 19

October 26

October 28

November 20

November 2

November 9

November 10**

December 4

November 16

November 23

November 25

December 18

November 30

December 7

December 9

2021

January 4***

December 14

December 21

December 23

January 15

December 28

January 4

January 6

January 29

January 11

January 15**

January 20

February 12

January 25

February 1

February 3

February 26

February 8

February 12**

February 17

March 12

February 22

March 1

March 3

March 26

March 8

March 15

March 17

April 9

March 22

March 29

March 31

April 23

April 5

April 12

April 14

May 7

April 19

April 26

April 28

May 21

May 3

May 10

May 12

June 4

May 17

May 24

May 26

June 18

May 28**

June 7

June 9

July 2

June 14

June 21

June 23

July 16

June 28

July 2**

July 7

July 30

July 12

July 19

July 21

 

*   Deadlines are for submissions to DSD for publication in the Maryland Register and do not take into account the 15-day AELR review period. Due date for documents containing 8 to 18 pages is 48 hours before the date listed; due date for documents exceeding 18 pages is 1 week before the date listed.

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

** Note closing date changes.

***    Note issue date changes.

The regular closing date for Proposals and Emergencies is Monday.

 

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

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

Table of Pending Proposals

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

 

08 DEPARTMENT OF NATURAL RESOURCES

 

08.02.01.13 • 47:21 Md. R. 906 (10-9-20)

08.02.11.01,.03,.04 • 47:21 Md. R. 906 (10-9-20)

08.02.18.04—.06 • 47:22 Md. R. 938 (10-23-20)

 

09 MARYLAND DEPARTMENT OF LABOR

 

09.03.10.05 • 47:19 Md. R. 851 (9-11-20)

09.10.01.57 • 47:21 Md. R. 908 (10-9-20)

09.10.03.03,.08 • 47:21 Md. R. 909 (10-9-20)

09.11.07.01 • 46:26 Md. R. 1176 (12-20-19)

09.12.31 • 47:17 Md. R. 802 (8-14-20)

09.12.81.01-1,.04-1,.07,.08 • 47:2 Md. R. 80 (1-17-20)

09.26.02.06 • 46:21. R. 898 (10-11-19)

09.29.01.02 • 47:19 Md. R. 851 (9-11-20)

 

10 MARYLAND DEPARTMENT OF HEALTH

 

     Subtitles 01—08 (1st volume)

 

10.07.01.06 • 46:26 Md. R. 1178 (12-20-19)

10.07.02.01—.03,.33,.40 • 47:2 Md. R. 91 (1-17-20) (ibr)

 

     Subtitle 09 (2nd volume)

 

10.09.37.03-1 • 47:22 Md. R. 939 (10-23-20)

 

     Subtitles 10 — 22 (3rd Volume)

 

10.12.06.01—.10 • 47:1 Md. R. 24 (1-3-20)

10.14.08.01—.08 • 47:3 Md. R. 200 (1-31-20)

 

     Subtitles 37—68 (5th volume)

 

10.37.01.02 • 47:22 Md. R. 941 (10-23-20) (ibr)

10.38.07.02 • 47:22 Md. R. 941 (10-23-20)

10.62.01.01 • 47:22 Md. R. 942 (10-23-20)

10.62.15.06 • 47:22 Md. R. 942 (10-23-20)

10.62.17.02,.03 • 47:22 Md. R. 942 (10-23-20)

10.62.23.01 • 47:22 Md. R. 942 (10-23-20)

10.62.24.01 • 47:22 Md. R. 942 (10-23-20)

10.62.29.01 • 47:22 Md. R. 942 (10-23-20)

10.62.34.09 • 47:22 Md. R. 942 (10-23-20)

10.62.35.01 • 47:22 Md. R. 942 (10-23-20)

10.62.37.01—.21 • 47:22 Md. R. 942 (10-23-20)

 

11 DEPARTMENT OF TRANSPORTATION

 

     Subtitles 01—10

 

11.06.04.01—.06 • 47:22 Md. R. 954 (10-23-20)

11.07.05.02,.05 • 47:18 Md. R. 825 (8-28-20)

 

12 DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

 

12.04.01.04,.06 • 47:22 Md. R. 955 (10-23-20)

 

13A STATE BOARD OF EDUCATION

 

13A.03.02.02,.03,.06—.10,.12 • 46:24 Md. R. 1108 (11-22-19)

 

13B MARYLAND HIGHER EDUCATION COMMISSION

 

13B.08.10.02 • 47:3 Md. R. 222 (1-31-20)

 

15 MARYLAND DEPARTMENT OF AGRICULTURE

 

15.01.15.02—.04 • 47:21 Md. R. 909 (10-9-20)

 

20 PUBLIC SERVICE COMMISSION

 

20.79.01.02,.04,.05—.09 • 47:16 Md. R. 749 (7-31-20)

20.79.02.02 • 47:16 Md. R. 752 (7-31-20)

20.79.03.03—.05 • 47:16 Md. R. 754 (7-31-20)

 

21 STATE PROCUREMENT REGULATIONS

 

21.11.13.01—.11 • 47:14 Md. R. 689 (7-6-20)

21.11.14.01—.10 • 47:14 Md. R. 689 (7-6-20)

21.11.15.01—.03 • 47:14 Md. R. 689 (7-6-20)

 

26 DEPARTMENT OF THE ENVIRONMENT

 

     Subtitles 08—12 (Part 2)

 

26.11.41.01—.07 • 47:16 Md. R. 754 (7-31-20)

 

30 MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)

 

30.01.02.01 • 47:16 Md. R. 764 (7-31-20) (ibr)

 

31 MARYLAND INSURANCE ADMINISTRATION

 

31.01.02.02,.03,.06 • 47:20 Md. R. 878 (9-25-20)

31.03.02.03 • 47:19 Md. R. 852 (9-11-20)

31.03.19.01 • 47:19 Md. R. 853 (9-11-20)

31.08.03.04,.05,.07,.08 • 47:21 Md. R. 911 (10-9-20)

 

33 STATE BOARD OF ELECTIONS

 

33.19.02.01 • 47:19 Md. R. 853 (9-11-20)

 

The Governor

ORDER OF THE GOVERNOR OF THE STATE OF MARYLAND

NUMBER 20-09-29-01
Amending the Order of March 30, 2020, Authorizing Remote Notarizations

 

WHEREAS, A state of emergency and catastrophic health emergency was proclaimed on March 5, 2020, and renewed on March 17, April 10, May 6, June 3, July 1, July 31, August 10, and September 8, 2020, to control and prevent the spread of COVID-19 within the state, and the state of emergency and catastrophic health emergency continues to exist;

 

WHEREAS, COVID-19, a respiratory disease that spreads easily from person to person and may result in serious illness or death, is a public health catastrophe and has been confirmed throughout Maryland;

 

WHEREAS, To reduce the spread of and exposures to COVID-19, the U.S. Centers for Disease Control and Prevention and the Maryland Department of Health, consistent with the currently known and available scientific evidence and best practices, recommend social distancing;

 

WHEREAS, It is necessary and reasonable to prevent the transmission of the novel coronavirus in the state, and save lives, for individuals to refrain from congregating;

 

WHEREAS, Emergency Order 20-03-30-04 was issued on March 30, 2020, to authorize remote notarizations in accordance with guidance of the Secretary of State to notaries public on the use of communication technology to perform notarial acts for remotely located individuals;

 

WHEREAS, Chapter 407 of the 2019 Laws of Maryland amends Title 18 of the State Government Article of the Maryland Code to permit notarial acts for remotely located individuals, and takes effect on October 1, 2020;

 

WHEREAS, The amendments excepted notarial acts for certain wills and trusts;

 

WHEREAS, It is necessary to protect the public health, welfare, or safety to suspend the effect of statutes, rules, or regulations that require personal interactions to complete original notarial acts for wills and trusts; and

 

WHEREAS, To reduce the threat to human health caused by COVID-19 in Maryland, protect the health and safety of Maryland residents requiring essential notarial services for wills and trusts, and save lives, it is necessary and reasonable to permit certain notarial acts to be performed remotely;

 

NOW, THEREFORE, I, LAWRENCE J. HOGAN, JR., GOVERNOR OF THE STATE OF MARYLAND, BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE CONSTITUTION AND LAWS OF MARYLAND, INCLUDING BUT NOT LIMITED TO TITLE 14 OF THE PUBLIC SAFETY ARTICLE, AND IN AN EFFORT TO CONTROL AND PREVENT THE SPREAD OF COVID-19 WITHIN THE STATE, DO HEREBY ORDER:

     I. Emergency Order 20-03-30-04 of the Governor of the State of Maryland, dated March 30, 2020, entitled, “Authorizing Remote Notarizations,” is amended and restated in its entirety as set forth herein.

     II. Subject to all other applicable law, regulations, and guidance issued by the Secretary of State, notaries public located in Maryland may perform a notarial act using communication technology for a remotely located individual with respect to:

          a. A will, as defined in § 1-101 of the Estates and Trusts Article of the Maryland Code (“ET”); and

          b. A trust instrument, as defined in ET § 14.5-103.

     III. To the extent inconsistent with this order, the effect of §18-214(a) of the State Government Article of the Maryland Code, and any statute, rule, or regulation of an agency of the State or a political subdivision, is hereby suspended.

     IV. This Order remains effective until the termination of the state of emergency and the proclamation of the catastrophic health emergency has been rescinded, except as may be rescinded, superseded, amended, or revised by additional orders.

 

ISSUED under my hand this 29th day of September, 2020, to be effective on October 1, 2020.

LAWRENCE J. HOGAN, JR.
Governor

[20-22-31]

 

ORDER OF THE GOVERNOR OF THE STATE OF MARYLAND

NUMBER 20-09-29-02
Permitting Video and Electronic Maryland Insurance Administration Hearings

 

WHEREAS, A state of emergency and catastrophic health emergency was proclaimed on March 5, 2020, and renewed on March 17, April 10, May 6, June 3, July 1, July 31, August 10, and September 8, 2020, to control and prevent the spread of COVID-19 within the state, and the state of emergency and catastrophic health emergency continues to exist;

 

WHEREAS, COVID-19, a respiratory disease that spreads easily through close contact between people and may result in serious illness or death, is a public health catastrophe and has been confirmed throughout Maryland;

 

WHEREAS, The U.S. Centers for Disease Control and Prevention and the Maryland Department of Health recommend “social distancing” — maintaining physical separation between people — to reduce the spread of COVID-19;

 

WHEREAS, It is the responsibility of the Maryland Insurance Administration to protect the public from insurers that are untrustworthy, are incompetent, or act unlawfully;

 

WHEREAS, In administering enforcement actions, the Administration must also protect the due-process rights of insurers;

 

WHEREAS, In-person hearings could enable the spread of COVID-19 among participants;

 

WHEREAS, It is necessary to prevent the spread of COVID-19 that people make best efforts to refrain from congregating, including when participating in governmental hearings or otherwise interacting with the State, and that certain State facilities not be available for such congregating;

 

WHEREAS, Hearings held through video conferencing or other electronic means can be accomplished consistently with the requirements of due process;

 

WHEREAS, State law requires that the Administration allow parties to its hearings to appear in person; and

 

WHEREAS, It is necessary to protect the public health, welfare, and safety, and save lives, to suspend the effect of statutes that permit certain in‑person hearings, and limit related in-person assemblies inside State buildings;

 

NOW, THEREFORE, I, LAWRENCE J. HOGAN, JR., GOVERNOR OF THE STATE OF MARYLAND, BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE CONSTITUTION AND LAWS OF MARYLAND, INCLUDING BUT NOT LIMITED TO TITLE 14 OF THE PUBLIC SAFETY ARTICLE, AND IN AN EFFORT TO CONTROL AND PREVENT THE SPREAD OF COVID-19 WITHIN THE STATE, DO HEREBY ORDER:

     I. Parties to Maryland Insurance Administration hearings held pursuant to § 2‑210 of the Insurance Article (“IA”) of the Maryland Code:

          a. need not be allowed to:

              i. appear in person; or

              ii. be physically present when evidence is given; and

          b. may attend hearings through video conferencing or other electronic means, provided that such video or electronic hearing permits the parties to hear and view the giving of evidence, inspect all documentary evidence, examine witnesses, and present evidence.

     II. The effect of IA § 2-213(b)(1)(i) and (iii), and any other statute, rule, or regulation of an agency of the State or subdivision inconsistent with this Order, is suspended.

     III. This Order remains effective until the state of emergency has been terminated and the proclamation of the catastrophic health emergency has been rescinded, or until rescinded, superseded, amended, or revised by additional orders.

 

ISSUED under my hand this 29th day of September, 2020, and effective immediately.

LAWRENCE J. HOGAN, JR.
Governor

[20-22-32]

 

PROCLAMATION

Renewal of Declaration of State of Emergency and Existence of Catastrophic Health Emergency — COVID-19

 

WHEREAS, on March 5, 2020, a state of emergency and catastrophic health emergency was, pursuant to the Maryland Constitution and Laws of Maryland, including but not limited to Title 14 of the Public Safety Article, and in an effort to control and prevent the spread of COVID‑19, proclaimed within the entire State of Maryland;

 

WHEREAS, COVID-19 is a highly infectious respiratory disease that spreads easily from person to person, physically contaminates property by attaching to surfaces for prolonged periods of time, and may result in serious illness or death;

WHEREAS, COVID-19 is a public health catastrophe and has been confirmed in all Maryland counties;

 

WHEREAS, rates of COVID-19 infection continue to rise in more than 30 states and the risk of further spread back to Maryland remains high;

 

WHEREAS, COVID-19 infection outbreaks continue to occur in Maryland through community transmission and because of travelers returning from out-of-state;

 

WHEREAS, since the declaration of a state of emergency and existence of a catastrophic health emergency on March 5, 2020, there have been nearly 128,000 laboratory-confirmed positive COVID-19 cases and more than 3,800 related deaths in Maryland, with increases in new confirmed cases daily;

 

WHEREAS, the proclamation declaring the emergencies was renewed on March 17, 2020, April 10, 2020, May 6, 2020, June 3, 2020, July 1, 2020, July 30, 2020, August 10, 2020, and September 8, 2020;

 

WHEREAS, the spread of COVID-19 in the state continues to pose an immediate threat to all Marylanders of extensive loss of life or serious disability;

 

WHEREAS, the emergency conditions, state of emergency, and catastrophic health emergency continue to exist;

 

WHEREAS, all levels of government in Maryland must deploy resources to protect public health and safety;

 

WHEREAS, continued emergency response by the State is needed to maintain and further progress through the Maryland Strong: Roadmap for Recovery, including expanding COVID‑19 testing capacity, maintaining adequate patient surge capacity, supplying sufficient personal protective equipment, and executing a robust contact-tracing operation;

 

WHEREAS, to reduce the spread of COVID-19, the U.S. Centers for Disease Control and Prevention and the Maryland Department of Health recommend the use of face coverings in public settings to the extent possible, continued social distancing, and avoiding large gatherings;

 

WHEREAS, although the State’s elections would ordinarily be conducted mainly at polling locations, the State Board of Elections reports that the state of emergency and catastrophic health emergency have impacted the availability of election judges and facilities;

 

WHEREAS, elections must be accessible, secure, safe, and fair; and

 

WHEREAS, the State Board of Elections maintains that COVID-19, the state of emergency and the catastrophic health emergency, and the State’s emergency actions in response have interfered with the electoral process and impaired the Board’s ability to conduct the general election of November 3, 2020, in accordance with the existing statutory and legal voting systems, locations, and procedures;

 

NOW, THEREFORE, I, LAWRENCE J. HOGAN, JR., GOVERNOR OF THE STATE OF MARYLAND, BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE MARYLAND CONSTITUTION AND THE LAWS OF MARYLAND, INCLUDING BUT NOT LIMITED TO TITLE 14 OF THE PUBLIC SAFETY ARTICLE AND TITLE 8 OF THE ELECTION LAW ARTICLE, AND IN AN EFFORT TO CONTROL AND PREVENT THE SPREAD OF COVID‑19 WITHIN THE STATE, HEREBY DECLARE THAT A STATE OF EMERGENCY AND CATASTROPHIC HEALTH EMERGENCY CONTINUES TO EXIST WITHIN THE ENTIRE STATE OF MARYLAND, RENEW THE MARCH 5, 2020, PROCLAMATION, AND FURTHER PROVIDE AND ORDER, EFFECTIVE IMMEDIATELY:

     A. General Election of November 3, 2020

          a. The State Board of Elections (the “State Board”) may establish, as alternate voting locations or systems, voting centers for the use of any eligible voter who chooses to cast a ballot in person in the general election of November 3, 2020 (the “General Election”).

          b. Any eligible voter may vote at a voting center in the voter’s county of residence.

          c. Electioneering.

              i. At each location where a ballot may be returned for the General Election (a “Return Location”), signs containing the words “No Electioneering Beyond This Point” shall be posted delineating a line located as near as practicable to 100 feet from the Return Location (a “No Electioneering Line”), as established after consideration of the effect of placement on public safety. 

              ii. No person shall:

                   1. canvass, electioneer, or post any campaign material in any Return Location or within the area demarcated by the No Electioneering Line; or

                   2. interfere or attempt to interfere with a voter while the voter is returning a ballot at a Return Location.

          d. In preparation for and execution of the General Election, the applicable COVID‑19 guidance published by the U.S. Centers for Disease Control and Prevention and the Maryland Department of Health, and any other applicable orders, shall be complied with to the maximum extent practicable.

          e. The State Board shall provide maximum notice as possible to voters about use of voting centers in the General Election, as well as other appropriate education regarding alternate voting locations, systems, and procedures established.

          f. The effect of any statute, rule, or regulation of an agency of the State or a political subdivision inconsistent with the State Board’s establishment of voting centers for use in the General Election, or otherwise inconsistent with this Order, is hereby suspended.

     B. Health care providers who act in good faith under this catastrophic health emergency proclamation, including orders issued under the proclamation by the Governor and by other State officials acting at the direction of or under delegated authority from the Governor, have the immunity provided by § 14-3A-06 of the Public Safety Article of the Maryland Code.

 

Given Under My Hand and the Great Seal of the State of Maryland in the City of Annapolis, this 6th day of October, 2020.

LAWRENCE J. HOGAN, JR.
Governor

 

ATTEST:

JOHN C. WOBENSMITH
Secretary of State

[20-22-33]

 

 

The Judiciary

COURT OF APPEALS OF MARYLAND

DISCIPLINARY PROCEEDINGS

     This is to certify that by an Order of the Court of Appeals dated September 2, 2020, GEORGE CARLOS NIER (CPF # 7012010135), 3 North First Street, Denton, Maryland 21629, has been disbarred by consent, effective September 30, 2020, from the further practice of law in the 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 a Per Curiam Order of the Court of Appeals dated October 6, 2020, NICHOLAS G. KARAMBELAS (CPF # 9908190001), 2944 Upton St., NW, Washington, DC 20008, has been disbarred, effective immediately, from the further practice of law in the State, and his name as an attorney at law has been stricken from the register of attorneys in this Court (Maryland Rule 19-761).

[20-22-23]

 

Emergency Action on Regulations

Symbol Key

   Roman type indicates text existing before emergency status was granted.

   Italic type indicates new text.

   [Single brackets] indicate deleted text.

 

Emergency Regulations

Under State Government Article, §10-111(b), Annotated Code of Maryland, an agency may petition the Joint Committee on Administrative, Executive, and Legislative Review (AELR), asking that the usual procedures for adopting regulations be set aside because emergency conditions exist. If the Committee approves the request, the regulations are given emergency status. Emergency status means that the regulations become effective immediately, or at a later time specified by the Committee. After the Committee has granted emergency status, the regulations are published in the next available issue of the Maryland Register. The approval of emergency status may be subject to one or more conditions, including a time limit. During the time the emergency status is in effect, the agency may adopt the regulations through the usual promulgation process. If the agency chooses not to adopt the regulations, the emergency status expires when the time limit on the emergency regulations ends. When emergency status expires, the text of the regulations reverts to its original language.

 

Title 33
STATE BOARD OF ELECTIONS

Subtitle 08 CANVASSING

33.08.05 Post-Election Verification and Audit

Authority: Election Law Article, §§2-102(b)(4), 2-202(b), 9-403, 11-201, and 11-309(f), Annotated Code of Maryland

Notice of Emergency Action

[20-161-E]

The Joint Committee on Administrative, Executive, and Legislative Review has granted emergency status to amendments to Regulations .01 and .04 under COMAR 33.08.05 Post-Election Verification and Audit.

Emergency status began: October 2, 2020.

Emergency status expires: March 30, 2021.

Comparison to Federal Standards

There is no corresponding federal standard to this emergency action.

Economic Impact on Small Businesses

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

.01 Definition.

A. (text unchanged)

B. Terms Defined.

(1)—(2) (text unchanged)

(3) “Election day voting center” includes a voting location used on November 3, 2020.

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

[(4)] (5) “Precinct” includes an election day voting center as defined in .01 of this chapter, and an early voting center in Regulations .02—[.06] .09 of this chapter.

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

.04 Selection of Precincts.

A. After 8 p.m. on election day, each local board shall randomly select for post-election verification and auditing[, the greater of:

(1) Three precincts with at least 300 registered voters; or

(2)] 5 percent of all precincts used in the election, including at minimum one election day voting center used on November 3, 2020.

B.—D. (text unchanged)

LINDA H. LAMONE
State Administrator of Elections

 

Subtitle 17 EARLY VOTING

33.17.02 Early Voting Centers

Authority: Election Law Article, §§2-102(b)(4), 2-202(b), and 10-301.1, Annotated Code of Maryland

Notice of Emergency Action

[20-169-E]

The Joint Committee on Administrative, Executive, and Legislative Review has granted emergency status to amendments to Regulation .02 under COMAR 33.17.02 Early Voting Centers.

Emergency status began: September 25, 2020.

Emergency status expires: December 31, 2020.

Comparison to Federal Standards

There is no corresponding federal standard to this emergency action.

Economic Impact on Small Businesses

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

.02 Selecting Early Voting Centers.

A. Form for Proposed Early Voting Center.

(1) (text unchanged)

(2) Form Submission for Early Voting Center.

(a) [At] Except as provided in §A(2)(c) of this regulation, at least 7 months before a primary election, a local board shall submit a form for each proposed early voting center.

(b) (text unchanged)

(c) The State Administrator shall permit a local board of elections for that county to establish or change an early voting center no later than October 20, 2020, provided that all other requirements of an early voting center as established in this subtitle can be met, if:

(i) A previously approved center is no longer available;

(ii) A local board determines that there is a more suitable location; or

(iii) A local board approves an early voting center authorized under Election Law Article, §10–301.1(b)(7), Annotated Code of Maryland.

B.—E. (text unchanged)

F. Approval of Early Voting Centers.

(1) (text unchanged)

(2) The State Board shall:

(a) [Vote] Except as provided in §F(2)(d) of this regulation, vote on a local board’s proposed early voting center within 30 days of receipt of the form required in §A of this regulation;

(b)—(c) (text unchanged)

(d) For any early voting center established pursuant to §A(2)(c) of this regulation, vote on the local board’s proposed early voting center no later than October 25, 2020.

(3) (text unchanged)

G. (text unchanged)

LINDA H. LAMONE
State Administrator of Elections

 

 

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 03
COMPTROLLER OF THE TREASURY

Subtitle 11 ONLINE FANTASY COMPETITIONS

03.11.01 Fantasy Sports Competition Regulations

Authority: Criminal Law Article, §12-114, Annotated Code of Maryland

Notice of Final Action

[19-204-F]

On October 9, 2020, the Comptroller of the Treasury adopted the repeal of Regulations .01—.14 under COMAR 03.11.01 Fantasy Sports Competition Regulations. This action, which was proposed for adoption in 46:22 Md. R. 981 (October 25, 2019), has been adopted as proposed.

Effective Date: November 2, 2020.

PETER FRANCHOT
Comptroller

 

Title 14
INDEPENDENT AGENCIES

Subtitle 22 COMMISSION ON CRIMINAL SENTENCING POLICY

14.22.02 Criminal Offenses and Seriousness Categories

Authority: Criminal Procedure Article, §6-211, Annotated Code of Maryland

Notice of Final Action

[20-147-F]

On October 13, 2020, the Maryland State Commission on Criminal Sentencing Policy adopted amendments to Regulations .01 and .02 under COMAR 14.22.02 Criminal Offenses and Seriousness Categories. This action, which was proposed for adoption in 47:18 Md. R. 826—835 (August 28, 2020), has been adopted as proposed.

Effective Date: November 2, 2020.

DAVID SOULE
Executive Director

 

Title 15
MARYLAND DEPARTMENT OF AGRICULTURE

Subtitle 20 SOIL AND WATER CONSERVATION

15.20.05 Manure Transportation Project

Authority: Agriculture Article, §8-704.2, Annotated Code of Maryland

Notice of Final Action

[20-108-F]

On October 14, 2020, the Maryland Department of Agriculture adopted the repeal of existing Regulations .01—.10 and new Regulations .01—.16 under COMAR 15.20.05 Manure Transportation Project. This action, which was proposed for adoption in 47:13 Md. R. 648—654 (June 19, 2020), has been adopted as proposed.

Effective Date: November 2, 2020.

JULIANNE A. OBERG
Deputy Secretary of Agriculture

 

Title 26
DEPARTMENT OF THE ENVIRONMENT

Subtitle 11 AIR QUALITY

26.11.33 Prohibitions on Use of Certain Hydrofluorocarbons in Aerosol Propellants, Chillers, Foam, and Stationary Refrigeration End-Uses

Authority: Environment Article, §§1-404, 2-103, 2-301—2-303, 2-1202, and 2-1205, Annotated Code of Maryland

Notice of Final Action

[20-121-F]

     On October 6, 2020, the Secretary of the Environment adopted new Regulations .01—.06 under COMAR 26.11.33 Prohibitions on Use of Certain Hydrofluorocarbons in Aerosol Propellants, Chillers, Foam, and Stationary Refrigeration End-Uses. This action, which was proposed for adoption in 47:15 Md. R. 715—723 (July 17, 2020), has been adopted as proposed.

     Effective Date: November 2, 2020.

BENJAMIN H. GRUMBLES
Secretary of the Environment

 

Withdrawal of Regulations


Title 10
MARYLAND DEPARTMENT OF HEALTH

Subtitle 29 BOARD OF MORTICIANS AND FUNERAL DIRECTORS

10.29.03 Inspection of Funeral Establishments [and Funeral Service Businesses]

Authority: Health Occupations Article, §§7-101, 7-205, and 7-310, Annotated Code of Maryland

Notice of Withdrawal

[19-209-W]

Pursuant to State Government Article, §10-116(b), Annotated Code of Maryland, notice is given that the proposal to amend Regulations .01—.05, repeal existing Regulations .06 and .07, and amend and recodify existing Regulation .08 to be Regulation .06 under COMAR 10.29.03 Inspection of Funeral Establishments, which was published in 46:22 Md. R. 999—1001 (October 25, 2019), has been withdrawn by operation of law.

GAIL S. KLAKRING
Administrator
Division of State Documents

 

Title 26
DEPARTMENT OF THE ENVIRONMENT

Subtitle 08 WATER POLLUTION

26.08.04 Permits

Authority: Environment Article, §§1-601—1-606, 9-313, 9-315, 9-323—
9-328, and 9-330, Annotated Code of Maryland

Notice of Withdrawal

[19-183-W]

Pursuant to State Government Article, §10-116(b), Annotated Code of Maryland, notice is given that the proposal to amend Regulations .09 and .09-1 under COMAR 26.08.04 Permits, which was published in 46:20 Md. R. 860—862 (September 27, 2019), has been withdrawn by operation of law.

GAIL S. KLAKRING
Administrator
Division of State Documents

 

Proposed Action on Regulations

 


Title 08
DEPARTMENT OF NATURAL RESOURCES

Subtitle 02 FISHERIES SERVICE

08.02.18 Fishing Guide Provisions

Authority: Natural Resources Article, §§4-210 and 4-210.1, Annotated Code of Maryland

Notice of Proposed Action

[20-167-P]

The Secretary of Natural Resources proposes to amend Regulations .04—.06 under COMAR 08.02.18 Fishing Guide Provisions.

Statement of Purpose

The purpose of this action is to incorporate changes made during the 2020 legislative session. Chapters 430 and 431, Acts of 2020, changed the method of propulsion for a boat or vessel under the guidance of a limited fishing guide (Type L) from oars and paddles to human power. At the time of the law’s initial passage, this license was intended to be used by licensees guiding clients in kayaks or canoes. Since then, kayak companies have introduced additional drive systems that are still moved by human power, but not with an oar or a paddle. These are typically powered by pedals that are moved by the user’s legs that drive either a propeller or a paddle-type drive. The legislation allows these guides to take advantage of new technologies while maintaining the intent of the statute to require vessels under the guidance of a limited fishing guide to be powered by human power. The proposed action makes the method of propulsion consistent with statute by changing oars or paddles to human power. The proposed action also updates references to the Code of Maryland Regulations (COMAR) to make them consistent with the requirements of the fishing guide statutes.

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 Fishing Guide Regulations, 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 complete the form at https://dnr.maryland.gov/fisheries/Pages/regulations/changes.aspx#typel. Comments will be accepted through November 23, 2020. A public hearing has not been scheduled.

.04 Freshwater Fishing Guide License — Type NTT.

A.—B. (text unchanged)

C. Striped Bass.

(1) (text unchanged)

(2) Notwithstanding [COMAR 08.02.15.03D(2)] COMAR 08.02.15, an angler under the guidance of a licensee with a valid type NTT license in tidal waters of the State may not catch or attempt to catch striped bass from waters of the State north of a line drawn from Abbey Point to Worton Point, from March 1 through May 31, inclusive.

(3) (text unchanged)

D.—F. (text unchanged)

.05 Limited Fishing Guide License — Type L.

A. (text unchanged)

B. Striped Bass.

(1) Notwithstanding [COMAR 08.02.15.03D(2) and .09A(2)] COMAR 08.02.15, an angler under the guidance of a licensee with a valid type L license in tidal waters of the State may not catch or possess striped bass in the following areas:

(a)—(x) (text unchanged)

(y) Gunpowder River upstream of a line from Weir Point to Rickett Point; [and]

(z) Bush River upstream of a line from Abbey Point to Sandy Point[.]; and

(aa) Maryland tributaries of the Potomac River above the Route 301 bridge.

[(2) Notwithstanding COMAR 08.02.15.08D(3) and .10A(2), an angler under the guidance of a licensee with a valid type L license in tidal waters of the State may not catch or possess striped bass in the Maryland tributaries of the Potomac River above the Route 301 bridge.]

[(3)] (2) Notwithstanding [COMAR 08.02.15.03D(2)] COMAR 08.02.15, an angler under the guidance of a licensee with a valid type L license in tidal waters of the State may not catch or attempt to catch striped bass from waters of the State north of a line drawn from Abbey Point to Worton Point, from March 1 through May 31, inclusive.

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

C. (text unchanged)

D. General. A type L licensee may guide:

(1) Anglers in no more than three boats or vessels that:

(a) (text unchanged)

(b) Are propelled by [oars or paddles] human power;

(2)—(3) (text unchanged)

.06 General Provisions.

A.—C. (text unchanged)

D. Dividing Lines. The dividing lines for tidal and nontidal waters are designated in [COMAR 08.02.11.10] COMAR 08.02.01.09.

E. [Notwithstanding COMAR 08.02.15.12H, a] A licensee may not possess fish for personal use while providing fishing guide services.

F.—H. (text unchanged)

JEANNIE HADDAWAY-RICCIO
Secretary of Natural Resources

 

Title 10
MARYLAND DEPARTMENT OF HEALTH

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.37 Family Planning Program Eligibility

Authority: Health-General Article, §§2-104(b), 15-103(a), and 15-140, Annotated Code of Maryland

Notice of Proposed Action

[20-165-P]

     The Secretary of Health proposes to adopt new Regulation .03-1 under COMAR 10.09.37 Family Planning Program Eligibility.

Statement of Purpose

The purpose of this action is to implement presumptive eligibility requirements for the Maryland Medicaid Family Planning Program, in accordance with Ch. 465 (S.B. 774), Acts of 2018.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

 

 

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed action implements presumptive eligibility for the Family Planning Program. The total impact for FY 2021 is $1,934,216.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency:

(E+)

$1,934,216

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(+)

$1,934,216

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

NONE

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

A. and D. Individuals may begin applying for Family Planning Program presumptive eligibility on October 1, 2020.

The Department estimates that 25 percent of 41,041 (or 10,260) potentially eligible individuals who visit Maryland family planning clinics are likely to apply for Maryland Medicaid Family Planning services through the presumptive eligibility program. The average annual cost to provide family planning services is $251.36 per person.

The magnitude of economic impact is subject to a 50 percent federal match ($967,108 federal and $967,108 general).

Economic Impact on Small Businesses

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

Maryland Medicaid providers who furnish family planning services are likely to benefit from the influx of individuals determined presumptively eligible to receive services through the Family Planning Program. The Department estimates it will cost $1,934,216 to provide family planning services to individuals it has identified as potentially eligible for PE. Maryland Medicaid providers are likely to benefit because they will be able to bill for family planning services rendered to these individuals.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Jake Whitaker, Acting Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through November 23, 2020. A public hearing has not been scheduled.

.03-1 Family Planning Program Presumptive Eligibility.

A. Definitions.

(1) In this regulation, the following terms have the meanings indicated.

(2) Terms Defined.

(a) “Applicant” means an individual who has applied for presumptive eligibility at a participating family planning clinic.

(b) “Application” means the presumptive eligibility application.

(c) “Authorized representative” has the meaning stated in COMAR 10.01.04.01.

(d) “Determination” means a decision regarding an applicant’s presumptive eligibility.

(e) “Family planning clinic” means an entity that:

(i) Provides family planning services under a written agreement with the Maryland Department of Health, Prevention and Health Promotion Administration; and

(ii) Is approved to perform family planning presumptive eligibility determinations.

(f) “Former foster care” means an individual who:

(i) Is younger than 26 years old;

(ii) Is not eligible and enrolled for coverage under a mandatory Medical Assistance group other than childless adult; and

(iii) Was formerly in a Maryland out-of-home placement, including categorical Medical Assistance, upon attaining age 18 and leaving out-of-home placement or upon attaining age 19—21 during extended out-of-home placement under COMAR 07.02.11.04B.

(g) “Income” means property or a service received by an individual in cash or in-kind, which can be applied directly, or by sale or conversion, to meet basic needs for food, shelter, and medical expenses.

(h) “Maryland Family Planning Program Delegate Service Site” means an entity that provides family planning services under a written agreement with the Department.

(i) “Medical Assistance” means the program administered by the State under Title XIX of the Social Security Act, which provides comprehensive medical and other health-related care for eligible individuals.

(j) “Presumptive eligibility” means temporary eligibility for Family Planning Program services as determined by family planning clinics in accordance with this regulation.

B. Requirements.

(1) A family planning clinic qualified to make presumptive eligibility decisions shall:

(a) Participate as a Medical Assistance Program provider in good standing; and

(b) Sign an agreement prepared by the Department.

(2) The agreement under §B(1)(b) of this regulation shall require that the family planning clinic:

(a) Comply with Departmental policies and procedures supplied by the Department at the time of application and training;

(b) Meet accuracy and timeliness standards established by the Department;

(c) Submit a list to the Department of family planning clinic employees who will attend presumptive eligibility training developed by the Department;

(d) Prohibit employees who have not attended required trainings and passed a post-training test from making presumptive eligibility decisions; and

(e) Report all requested information on a form designated by the Department.

(3) Before assisting an applicant in filing a presumptive eligibility application, the family planning clinic employee shall:

(a) Check the Department’s eligibility verification system to make sure the individual is not actively enrolled in the Medical Assistance Program;

(b) Provide information concerning the full Medical Assistance application process to the individual applying for presumptive eligibility and assist or refer the applicant to an individual who can assist the applicant in completing a full Medical Assistance application; and3e

(c) Determine that the applicant:

(i) Has not had a prior family planning presumptive eligibility period within the last 12 months;

(ii) Is not pregnant;

(iii) Is not actively enrolled in the Medical Assistance Program; or

(iv) Is not enrolled in Medicare.

(4) The family planning clinic employee shall fill out the presumptive eligibility application based on information supplied by the applicant.

(5) The family planning clinic employee shall make a presumptive eligibility decision and sign the presumptive eligibility application by applying §D of this regulation and the following information obtained pursuant to §C of this regulation:

(a) Residency;

(b) Citizenship;

(c) Family size and composition; and

(d) Gross family income.

(6) The family planning clinic employee shall inform the individual in writing of the family planning clinic’s presumptive eligibility decision, which shall include an explanation of the presumptive eligibility period.

(7) The family planning clinic shall submit the presumptive eligibility application to the Department on the date of application completion to allow the individual to have temporary Medical Assistance coverage.

(8) The family planning clinic shall:

(a) Keep all written and signed presumptive eligibility applications on file for 6 years; and

(b) Make the file available to the Department upon request.

C. Presumptive Eligibility Criteria.

(1) An individual shall apply for presumptive eligibility through a participating family planning clinic.

(2) An individual who applies for presumptive eligibility shall attest to:

(a) The citizenship requirements in COMAR 10.09.24.05;

(b) The residency requirements in COMAR 10.09.24.05-3;

(c) The individual’s pregnancy status;

(d) The individual’s family size; and

(e) The gross monthly income of the individual’s household.

D. Presumptive eligibility may be established for individuals who meet the Family Planning Program eligibility requirements in Regulation .03 of this chapter.

E. Limitations. Presumptive eligibility may not be granted to an individual who:

(1) Is pregnant;

(2) Is currently enrolled in the Medical Assistance Program or Medicare;

(3) Had a prior presumptive eligibility period during the last 12 months;

(4) Does not meet the income requirements stated in Regulation .03 of this chapter ;

(5) Does not meet the residency requirements stated in COMAR 10.09.24.05-3; or

(6) Does not meet the citizenship requirements stated in COMAR 10.09.24.05.

F. Coverage Span.

(1) Presumptive eligibility begins on the day the presumptive eligibility worker determines the individual is presumptively eligible.

(2) Presumptive eligibility ends on the earlier of:

(a) The day the individual is determined eligible for Medical Assistance; or

(b) The last day of the month following the month in which the family planning clinic determined presumptive eligibility, if an individual:

(i) Is found ineligible for Medical Assistance; or

(ii) Failed to apply for Medical Assistance.

G. Presumptive Eligibility Appeal Rights. An individual or an organization does not have appeal rights for presumptive eligibility determinations.

ROBERT R. NEALL
Secretary of Health

 

Subtitle 37 HEALTH SERVICES COST REVIEW COMMISSION

10.37.01 Uniform Accounting and Reporting System for Hospitals and Related Institutions

Authority: Health-General Article, §§19-207 and 19-215, Annotated Code of Maryland

Notice of Proposed Action

[20-168-P-I]

The Health Services Cost Review Commission proposes to amend Regulation .02 under COMAR 10.37.01 Uniform Accounting and Reporting System for Hospitals and Related Institutions. This action was considered and approved for promulgation by the Commission at an open meeting held on September 9, 2020, notice of which was given through publication in the Maryland Register, under General Provisions Article, §3-302(c), Annotated Code of Maryland. If adopted, the proposed amendments will become effective on or about January 14, 2021.

Statement of Purpose

The purpose of this action is to update the Commission’s manual entitled “Accounting and Budget Manual for Fiscal and Operating Management (August, 1987),” which has been incorporated by reference.

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 William Hoff, Chief, Audit and Compliance, Health Services Cost Review Commission, 4160 Patterson Avenue, Baltimore, MD 21215, or call 410-764-3448, or email to william.hoff@maryland.gov, or fax to 410-358-6217. Comments will be accepted through November 23, 2020. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the Health Services Cost Review Commission during a public meeting to be held on December 9, 2020, at 1 p.m., at 4160 Patterson Avenue, Baltimore, MD 21215.

 

Editor’s Note on Incorporation by Reference

     Pursuant to State Government Article, §7-207, Annotated Code of Maryland, the Accounting and Budget Manual for Fiscal and Operating Management (August, 1987), Supplement 26, has been declared a document generally available to the public and appropriate for incorporation by reference.  For this reason, it will not be printed in the Maryland Register or the Code of Maryland Regulations (COMAR).  Copies of this document are filed in special public depositories located throughout the State.  A list of these depositories was published in 47:1 Md. R. 9 (January 3, 2020), and is available online at www.dsd.state.md.us.  The document may also be inspected at the office of the Division of State Documents, 16 Francis Street, Annapolis, Maryland 21401. 

.02 Accounting System; Hospitals.

A. The Accounting System.

(1) (text unchanged)

(2) The “Accounting and Reporting System for Hospitals”, also known as the Accounting and Budget Manual for Fiscal and Operating Management (August, 1987), is incorporated by reference, including the following supplements:

(a)—(w) (text unchanged)

(x) Supplement 24 (April 12, 2018); [and]

(y) Supplement 25 (February 10, 2020)[.]; and

(z) Supplement 26 (January 14, 2021).

(3)—(5) (text unchanged)

B.—D. (text unchanged)

ADAM KANE
Chair
Health Services Cost Review Commission

 

Subtitle 38 BOARD OF PHYSICAL THERAPY EXAMINERS

10.38.07 Fee Schedule

Authority: Health Occupations Article, §§13-206 [and], 13-207, and
13-3A-01(3)(d)(2), Annotated Code of Maryland

Notice of Proposed Action

[20-164-P]

The Secretary of Health proposes to amend Regulation .02 under COMAR 10.38.07 Fee Schedule. This action was considered by the Board of Physical Therapy Examiners at a public meeting held on May 21, 2019, notice of which was given by publication on the Board’s website at https://health.maryland.gov/bphte/Pages/index.aspx pursuant to General Provisions Article, §3–302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to provide a new fee for the Interstate Physical Therapy Licensure Compact pursuant to Ch. 374, Acts of 2019.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

 

 

Estimate of Economic Impact

I. Summary of Economic Impact. It is estimated that out-of-State PTs and PTAs will most likely forgo renewal of their MD licenses to take advantage of the less expensive Interstate Physical Therapy Licensure Compact, which will still allow practice in MD and went into effect in 2019.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency:

(R-)

$170,400

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(+)

$170,400

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

NONE

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

A. and D. There are currently 2,811 out-of-State licensees (2076 PTs and 735 PTAs) who would no longer need a Maryland PT/PTA license, so it is estimated that this will decrease the Board revenue by: $521,775 (PTs/PTAs renewal without the compact fee) – $351,375 (PTs/PTAs in the compact and paying $125 x 2,811) = $170,400 (the amount that Board revenue will decrease).

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 Jake Whitaker, Acting Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through November 23, 2020. A public hearing has not been scheduled.

.02 Fees.

A. The following fees are established by the Board:

(1)—(9) (text unchanged)

(10) Penalty for failure to maintain correct address with the Board $100[.]; and

(11) Interstate physical therapy licensure compact fee $125.

B.—C. (text unchanged)

ROBERT R. NEALL
Secretary of Health

 

Subtitle 62 NATALIE M. LAPRADE MEDICAL CANNABIS COMMISSION

Notice of Proposed Action

[20-163-P]

The Secretary of Health proposes to:

(1) Amend Regulation .01 under COMAR 10.62.01 Definitions;

(2) Amend Regulation .06 under COMAR 10.62.15 Medical Cannabis Grower Quality Control;

(3) Amend Regulations .02 and .03 under COMAR 10.62.17 Complaints, Adverse Events, and Recall;

(4) Amend Regulation .01 under COMAR 10.62.23 Medical Cannabis Concentrates and Medical Cannabis-Infused Products;

(5) Amend Regulation .01 under COMAR 10.62.24 Medical Cannabis Finished Products Packaging;

(6) Amend Regulation .01 under COMAR 10.62.29 Licensed Dispensary Packaging and Labeling for Distribution;

(7) Adopt new Regulation .09 under COMAR 10.62.34 Discipline and Enforcement;

(8) Amend Regulation .01 under COMAR 10.62.35 Fee Schedule; and

(9) Adopt a new Regulations .01—.21 under a new chapter, COMAR 10.62.37 Edible Cannabis Products.

Statement of Purpose

The purpose of this action is to establish a regulatory framework for the oversight of the processing and distribution of edible cannabis products. The proposal also eliminates duplicative laboratory testing on each batch of medical cannabis (i.e. “batch testing”) that is manufactured into a processed product. Further, the proposal simplifies and strengthens the Commission’s administrative process for issuing fines for violations of medical cannabis laws.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. Overall, this proposal will have an indeterminable economic benefit on the medical cannabis industry. The introduction of edible medical cannabis products will bring an indeterminable increase in revenue from sales to medical cannabis licensees, particularly medical cannabis processors and dispensaries. The Commission anticipates that at least one-half of the 18 licensed processors in Maryland will apply to manufacture edible cannabis products. Subsequently, the Commission’s special fund revenues would increase by at least $18,000 from the associated permitting fees required for a processor to produce edible medical cannabis products. In order to properly oversee the processing and distribution of edible medical cannabis products, the Commission anticipates the need to hire two additional staff (when able to do so). Finally, the Commission anticipates an indeterminable increase in the number of medical cannabis patients, who may not currently be seeking treatment due to the unavailability of certain products.

The elimination of duplicative laboratory testing requirements will provide the 17 licensed medical cannabis growers a meaningful cost savings. While the elimination of this requirement may marginally impact the independent testing laboratories (ITL) who conduct all testing, any loss in revenue will likely be offset by the introduction of edible medical cannabis products, which will require testing from an ITL.


 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure (E+/E-)

Magnitude

 


A. On issuing agency:

(1) Commission’s special funds

(R+)

Approx. $18,000

(2) Commission

(E-)

$84,800.46

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(1) Licensed growers

(+)

Indeterminable

(2) Independent testing laboratories

(+)

Indeterminable

(3) Licensed processor

(+)

Indeterminable

(4) Licensed dispensaries

(+)

Indeterminable

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

(-)

Indeterminable

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

A(1). The Commission anticipates that at least one-half of the 18 licensed processors in Maryland (i.e., nine processors) will apply to manufacture edible cannabis products. Subsequently, the Commission’s special fund revenues would increase by $18,000. This figure represents 9 X $1,000 = $9,000 for the edible cannabis product permit application fee, plus 9 X $1,000 = $9,000 for the annual permit fee. Using this example, special fund revenues would increase by $18,000 in FY 2020.

A(2). The Commission intends to hire for two positions: (1) a registered sanitarian (contractual position), Grade 16, at an estimated $50,211.36 ($46,492 base salary plus $3,719.36 in fringe benefits), and (2) a data analyst (merit position), Grade 18, .5 FTE, at an estimated $34,589.10 ($53,214 base salary plus $15,964.20 in fringe benefits). These positions will perform necessary duties related to the implementation of edible cannabis product processing. The Commission’s oversight of the edible cannabis processing will include reviewing and approving permits from licensed processors seeking to manufacture edible cannabis products; conducting pre-operational inspections; inspecting processor premises; reviewing and approving standard operating procedures; and responding to complaints. The Commission will absorb these operational expenditures within existing resources.

D(1). There are 17 licensed growers participating in the Maryland Medical Cannabis Program. The growers will experience a meaningful cost savings from the batch testing provisions of the proposal under COMAR 10.62.15.06. The proposal eliminates the duplicative full panel laboratory testing currently required of all medical cannabis applicable to growers (whether being processed into product or not). Under the new regulation, the grower will only be required to perform testing on medical cannabis that is not being manufactured into a processed product.

D(2). During 2019, five independent testing laboratories (ITLs) conducted compliance testing on medical cannabis products. These businesses conduct full panel compliance testing on medical cannabis, by testing for concentrations of certain compounds and contaminants. The average base fee for compliance testing of each batch (10 lbs.) of medical cannabis flower ranges from $525 to $695. While the implementation of COMAR 10.62.15.06 could cause ITLs to experience a marginal loss in revenue, it is important to note that most ITLs do not depend solely on medical cannabis testing for their overall revenue stream. Additionally, each ITL provided support for the proposal and indicated the duplicative testing is only required in Maryland among all medical cannabis jurisdictions. Finally, the Commission anticipates any marginal impact to be offset by new business arising from the emerging edible cannabis market, since all edible cannabis products are required to undergo comprehensive compliance testing.

D(3). As stated above, each licensed processor seeking to manufacture edible cannabis products would be required to obtain a permit, which involves an application fee of $1,000 and an annual permit fee of $1,000. There would also be associated operational start-up costs pertaining to the premises, cookware, equipment, ingredients, and packaging and labeling materials. Although there will be an initial investment for the associated permit fees and start-up costs, it is anticipated that given the strong preliminary enthusiasm for implementing an edible cannabis market in Maryland, licensed processors who manufacture edible cannabis products will experience an undetermined increase in revenue from the sale of edible cannabis products to dispensaries.

D(4). Licensed dispensaries that sell edible cannabis products are also anticipated to experience increased revenue in an undetermined amount through the sale of edible cannabis products.

F. Establishing an edible cannabis products market is expected to bring an undetermined number of new medical cannabis patients into the Maryland Medical Cannabis Program. Edible cannabis products may be an alternative for individuals who are not inclined to smoke or vape cannabis products or to consume other products that are currently available. An undetermined number of individuals who are currently going untreated or treating their medical condition with pharmaceuticals may now seek to be treated with edible cannabis products. These patients will have the following costs associated with becoming a medical cannabis patient: (1) $50 patient identification card; (2) medical visit with a certifying medical cannabis provider (estimated at $250 per visit; one visit per year is required); and (3) the cost of the edible cannabis products which would not be covered by insurance.

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 Jake Whitaker, Acting Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through November 23, 2020. A public hearing has not been scheduled.

 

     NOTE: The universal symbol referenced in COMAR 10.62.24.01 and 10.62.29.01 appears at the end of the Proposed Action on Regulations section of this issue of the Maryland Register.

 

10.62.01 Definitions

Authority: Heath-General Article, §§13-3301—13-3303 and 13-3305.2, Annotated Code of Maryland

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(14) (text unchanged)

(15) Edible Cannabis Product.

(a) “Edible cannabis product” means a medical cannabis product intended for human consumption by oral ingestion, in whole or in part.

(b) “Edible cannabis product” includes medical cannabis products that dissolve or disintegrate in the mouth.

(c) “Edible cannabis product” does not include any:

(i) Medical cannabis concentrate;

(ii) Medical cannabis-infused product, including an oil, a wax, an ointment, a salve, a tincture, a capsule, a suppository, a dermal patch, or a cartridge; or

(iii) Other dosage form that is recognized by the United States Pharmacopeia, the National Formulary, or the Food and Drug Administration and is approved by the Commission.

[(15)] (16) (text unchanged)

(17) “Green waste” means unauthorized, misbranded, contaminated, unused, surplus, returned, or out-of-date medical cannabis or product containing medical cannabis.

[(16)] (18) (text unchanged)

(19) “Inspector” means any member of the Commission or any State employee or contractor designated by the Commission to carry out an inspection under this subtitle.

[(17)] (20)[(25)] (28) (text unchanged)

[(26)] (29) “Medical cannabis finished product” means any [product containing a] usable cannabis,  medical cannabis concentrate, edible cannabis product, product containing a medical cannabis concentrate, or [a] any other type of medical cannabis-infused product intended to be packaged and labeled for release to a qualifying patient without further processing.

[(27)] (30) Medical Cannabis — Infused Product.

(a) (text unchanged)

(b) “Medical cannabis — infused product” does not include [a food] an edible cannabis product as that term is defined in [Health-General Article, §21-101, Annotated Code of Maryland] this section.  

[(28)] (31)[(44)] (47) (text unchanged)

 

10.62.15 Medical Cannabis Grower Quality Control

Authority: Heath-General Article, §§13-3301, 13-3302, 13-3306, and 13-3311, Annotated Code of Maryland

.06 Grower Determination That a Batch May be Released.

A.—C. (text unchanged)

D. If a batch is being transferred to a licensed processor for processing the licensee may release the batch for distribution without having a certificate of analysis or being sampled or tested by an independent testing laboratory.

E. All medical cannabis products shall have a certificate of analysis, as specified in COMAR 10.62.23, prior to transfer to a licensed dispensary.

10.62.17 Complaints, Adverse Events, and Recall

Authority: Heath-General Article, §§13-3301, 13-3302, 13-3304—13-3307, 13-3309, and 13-3311, Annotated Code of Maryland

.02 Report of Serious Adverse Event to Commission and Interested Parties.

In the event a complaint associated with a serious adverse event is received, a licensee, or certifying provider, shall [promptly] within 24 hours report the complaint to:

A. (text unchanged)

B. [Either the] The licensed grower from which the medical cannabis originated[, or] and, if applicable, the licensed processor from which the medical cannabis [concentrate] finished product originated; and

C. (text unchanged)

.03 Complaint Investigation by Grower or Dispensary.

A. Whenever a complaint regarding the quality or safety of medical cannabis is received by a licensed grower, licensed processor, or licensed dispensary, a licensee shall, within 24 hours[, review the complaint to determine if it is substantive or reports a serious adverse event.

B. If a licensee determines that the complaint is substantive or reports a serious adverse event, a licensee shall]:

(1) Report the complaint to the Commission in order for the Commission to determine if the complaint is substantive or a serious adverse event;

[(1)] (2) Promptly determine the batch number or lot number of the medical cannabis, the medical [cannabis finished] cannabis-infused product, [and] medical cannabis concentrate, edible cannabis product, or any other product that is the subject of the complaint; and

[(2)] (3) Investigate the record and circumstances of the production of the batch or lot to determine if:

(a) [If there] There was a deviation from the standard operating procedure in the production of the [medical cannabis] batch or lot by reviewing production logs; [and]

(b) [If the] The sample meets [specification] quality and safety standards by submitting parts of the retention samples of the batch or lot to an independent testing laboratory[.]; and

(c) There is reasonable cause to suspect communicable disease transmission and, if so, collect morbidity history from any suspected agents.

[C.] B. If sample analysis of the batch or lot reveals that the batch or lot fails to meet [specification] quality and safety standards, the licensee shall:

(1)—(2) (text unchanged)

(3) [Offer and pay] Pay reimbursement for any returned medical cannabis.

[D.] C. In [a] the case of a report of a serious adverse event or a substantive complaint, if the investigation reveals a deviation from the standard operating procedure in the production of the batch or lot, the licensee [may] shall:

(1) (text unchanged)

(2) Notify all patients, caregivers, and dispensaries who may have obtained medical cannabis [products] from such a batch or lot of the recall; and

(3) [Offer and pay] Pay reimbursement for any returned medical cannabis.

D. In the case of a report of a serious adverse event or substantive complaint, if the licensee’s investigation reveals there is reasonable cause to suspect communicable disease transmission from an agent, the licensee shall ensure that appropriate follow-up action is taken, whenever applicable, including:

(1) Immediate exclusion of any indicated agents from all positions within the licensed facility;

(2) An order to recall all products derived from, or included in, any affected batch or lot;

(3) Notification to all patients, caregivers, and dispensaries who may have obtained medical cannabis from any affected batch or lot of the recall;

(4) Reimbursement for any returned medical cannabis;

(5) Immediate closure of the licensed premises until medical and epidemiological evidence shows that the likelihood of further disease transmission is low; and

(6) An investigation, a report, and the control of a communicable disease outbreak that is conducted in accordance with the provisions of COMAR 10.06.01.

 

10.62.23 Medical Cannabis Concentrates and Medical Cannabis-Infused Products

Authority: Heath-General Article, §§13-3301, 13-3302, 13-3309, and 13-3311, Annotated Code of Maryland

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(2) (text unchanged)

(3) “Tincture” means a cannabis-infused solution derived either directly from the cannabis plant or from a processed cannabis extract [, and typically] that is combined with 50 percent or greater food grade ethyl alcohol, glycerin, or vegetable oils that:

(a) Are distributed in a dropper bottle of 4 ounces or less;  

(b) Contain no additional non-cannabis ingredients except potable water, unless approved by the Commission; and

(c) For vegetable oil tinctures, are manufactured in accordance with the regulation of edible cannabis products under COMAR 10.62.37, except for COMAR 10.62.37.03 and COMAR 10.62.37.12B.

 

10.62.24 Medical Cannabis Finished Products Packaging

Authority: Heath-General Article, §§13-3301, 13-3302, 13-3307, and 13-3309, Annotated Code of Maryland

.01 Packaging of Medical Cannabis Finished Products.

A. (text unchanged)

B. Packaging Requirements. A package of a medical cannabis finished product shall:

(1)—(4) (text unchanged)

(5) (text unchanged)

[(6) Bear a clear warning to keep the package and its contents away from children other than a qualifying patient;]

(6) Include the following statements:

(a) “Consumption of medical cannabis may impair your ability to drive a car or operate machinery. Please use extreme caution.”;

(b) “There may be health risks associated with cannabis use, especially during pregnancy or breastfeeding.”; and

(c) “This package contains cannabis. Keep out of the reach of children and animals.”;

(7) Display the following symbol or easily recognizable mark issued by the Commission that indicates that the package contains medical cannabis:

[(7)] (8)[(12)] (13) (text unchanged) 

C. (text unchanged)

 

10.62.29 Licensed Dispensary Packaging and Labeling for Distribution

Authority: Heath-General Article, §§13-3301, 13-3302, and 13-3307, Annotated Code of Maryland

.01 Packaging Medical Cannabis for Distribution to a Qualifying Patient or Caregiver.

A. (text unchanged)

B. Packaging Requirements. A package of medical cannabis for distribution to a qualifying patient or caregiver shall:

(1)—(5) (text unchanged) 

(6) (text unchanged)

[(7) Bear a clear warning to keep the package and its contents away from children;]

(7) Include the following statements:

(a) “Consumption of medical cannabis may impair your ability to drive a car or operate machinery. Please use extreme caution.”; 

(b) “There may be health risks associated with cannabis use, especially during pregnancy or breast-feeding.”; and

(c) “This package contains cannabis. Keep out of the reach of children and animals.”; 

(8) Display the following symbol or easily recognizable mark issued by the Commission that indicates the package contains medical cannabis:

[(8)] (9)[(13)] (14) (text unchanged) 

C.—F. (text unchanged)

 

10.62.34 Discipline and Enforcement

Authority: Heath-General Article, §§13-3301, 13-3302, 13-3304, 13-3306, 13-3307, 13-3309, and 13-3311, Annotated Code of Maryland

.09 Fine Schedule.

Any fine the Commission imposes upon a licensee, registrant, agent, or employee for a violation of this subtitle or Health-General Article, §§13-3301—13-3316, Annotated Code of Maryland, shall comply with the fine schedule adopted by the Commission and posted on the Commission’s website.

 

10.62.35 Fee Schedule

Authority: Heath-General Article, §§13-3301—13-3304, 13-3306, 13-3307, 13-3309, and 13-3311, Annotated Code of Maryland

.01 Fees.

The following fees are established by the Commission:

A.—J. (text unchanged)

K. Edible cannabis product permit fees:

(1) Application fee — $1,000; and

(2) Annual permit fee — $1,000.

[K.] L. (text unchanged)

 

10.62.37 Edible Cannabis Products

Authority: Heath-General Article, §§13-3301, 13-3307, 13-3309, 13-3313, and 13-3313.1, Annotated Code of Maryland

.01 Definitions.

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

B. Terms Defined.

(1) “Approved source” means a source of:

(a) Medical cannabis approved, licensed, and regulated by the Commission; or

(b) Food ingredients regulated by an approving authority. 

(2) “Approving authority” means the agency designated in the laws of Maryland, another state, or another country to license or permit a food processing plant.

(3) “Commercially sterile” means the condition achieved by the:

(a) Application of heat, pressure, or other energy or matter that renders a food ingredient free of:

(i) Microorganisms capable of reproducing in the food ingredient under normal non-refrigerated conditions of storage and distribution; and

(ii) Viable microorganisms, including spores, that cause disease; or

(b) Control of water activity and the application of heat, pressure, or other energy or matter that renders the food ingredient free of microorganisms capable of reproducing in the food ingredient under normal non-refrigerated conditions of storage and distribution.

(4) “Cookware” means items used during the processing of ingredients or edible cannabis products, including pots, pans, utensils, and containers.

(5) “Critical control point” means a point in the receiving, storage, processing, or distribution of ingredients or edible cannabis products where there is a reasonable likelihood that improper control may cause, allow, or contribute to a hazard to public health.

(6) Critical Item.

(a) “Critical item” means a safety requirement that if violated requires:

(i) Immediate correction;

(ii) Destruction of any ingredients or edible cannabis products which may be affected;

(iii) The cessation of some or all processing operations; or

(iv) Closure of the licensed premises.

(b) “Critical item” includes the following requirements:

(i) Food ingredients be obtained from an approved source and approved for human consumption by an approving authority;

(ii) Cannabis ingredients be obtained from an approved source;

(iii) All ingredients and edible cannabis products be protected from contamination;

(iv) All processes provide safe edible cannabis products with proper control at critical control points;

(v) Licensed processor sanitation be adequate, provide safety, and prevent illness transmissible through edible cannabis products or ingredients;

(vi) Equipment allows for proper processing and sanitation;

(vii) Edible cannabis products be packaged and labeled for safety;

(viii) A sufficient volume of potable hot and cold water supply under adequate pressure be available to facilitate proper handwashing procedures outlined in this chapter; and

(ix) Sewage be discharged in compliance with applicable laws and regulations.

(7) “Food” means any substance that is used as food or drink for human beings or as a component of food or drink for human beings.

(8) “Food ingredient” means a substance that is used as a component of food, including:

(a) Flavoring;

(b) Food coloring; and

(c) Preservatives.   

(9) “Ingredient” means any component of an edible cannabis product that is intended for human consumption, approved by the Commission, and composed of:

(a) Food or food ingredients; or

(b) Medical cannabis.

(10) “Permit” means a permit issued by the Commission to a licensed processor for the purpose of manufacturing edible cannabis products.

(11) “Permittee” means a licensed processor authorized by the Commission to manufacture edible cannabis products.

(12) Potentially Hazardous Edible Cannabis Product.

(a) “Potentially hazardous edible cannabis product” means an edible cannabis product that requires temperature control because the product is in a form capable of supporting:

(i) The rapid and progressive growth of infectious or toxigenic microorganisms; or

(ii) The growth and toxin production of Clostridium botulinum. 

(b) “Potentially hazardous edible cannabis product” does not include products with a water activity (aw) value of 0.85 or less.

(13) Potentially Hazardous Ingredient.

(a) “Potentially hazardous ingredient” means a natural or synthetic component of food or an edible cannabis product intended for human consumption that requires temperature control because the ingredient is in a form capable of supporting the:

(i) Rapid and progressive growth of infectious or toxigenic microorganisms; or

(ii) Growth and toxin production of Clostridium botulinum.

(b) “Potentially hazardous ingredient” does not include an ingredient with a:

(i) Water activity (aw) value of 0.85 or less;

(ii) pH level of 4.6 or below when measured at 75°F; or

(iii) Commercially sterile ingredient in a hermetically sealed container.

(14) “Quarantine area” means an area within a licensed premise in which ingredients, medical cannabis, or medical cannabis finished products that may be contaminated are temporarily stored prior to disposal or collection by a public health agency.

.02 Categorization as Edible Cannabis Products.

Food or a food ingredient that is mixed, infused, or comes into contact with medical cannabis is considered and regulated as an edible cannabis product under this chapter.

.03 Issuance of Permit.

A. Before engaging in the business of possessing, processing, packaging, labeling, transferring, transporting, selling, or distributing to a dispensary edible cannabis products, a licensed processor shall obtain a permit from the Commission.

B. To obtain a permit, a licensed processor shall:

(1) Submit a completed permit application;

(2) Pay the registration fee specified in COMAR 10.62.35;

(3) Establish and follow written standard operating procedures and scheduled processes in accordance with §B(2) of this regulation;

(4) Pass a pre-operation inspection; and

(5) Conspicuously post applicable State and local licenses at the licensed premises.

C. The licensed processor may apply for a permit to manufacture edible cannabis products at:

(1) The licensed processor’s premises; or

(2) A facility under the legal control of the licensed processor that meets:

(a) All zoning and planning requirements; and

(b) The requirements of this chapter.

D. The Commission may deny a permit if the licensed processor:

(1) Violates or fails to meet the requirements of this chapter; or

(2) Fraudulently or deceptively attempts to obtain a permit.

.04 General Premises Requirements.

A. The premises and operations shall conform to all local zoning and planning requirements.

B. A permit to process edible cannabis products shall be conspicuously displayed at the premises.

C. No major renovation or modification to the premises may be undertaken unless the Commission:

(1) Has received notice in the form prescribed by the Commission; and

(2) Issues written approval for the renovation or modification.

D. The premises shall be completely separated from an area used as living quarters by solid, impervious floors, walls, and ceilings with no connecting openings.

E. A room or area in which ingredients or edible cannabis products are processed or stored, or in which cookware equipment is cleaned, sanitized, or stored, shall:

(1) Be separated from other rooms or areas at the licensed premises by tight walls, ceilings, and self-closing doors;

(2) Be refrigerated or mechanically ventilated using exhaust and supply fans to:

(a) Remove grease vapors, steam, condensation, heat, and odor;

(b) Provide filtered air and positive air pressure to the room; and

(c) Prevent condensation and grease from accumulating on surfaces and equipment;

(3) Have a floor, ceiling, and walls that are smooth, washable, and impervious to water;

(4) Have floor-wall joints that are coved and impervious to water; and

(5) Prevent overhead pipes, ducts, conduits, evaporators, and other structures required to manufacture edible cannabis products from:

(a) Being located over ingredient or edible cannabis product storage, preparation, manufacturing, packaging, or labeling areas; and

(b) Leaking on or contaminating:

(i) Ingredients;

(ii) Edible cannabis products;

(iii) Cookware; or

(iv) Packaging or labeling materials.

F. Handwashing Sinks.

(1) Each room or area shall have a handwashing sink except for a:

(a) Room or area solely used for receiving, for storage, or as an office; or

(b) Hallway where no processing of ingredients or edible cannabis products or cleaning of cookware or equipment occurs.

(2) The handwashing sink shall:

(a) Be easily accessible to processor agents; and

(b) Provide warm water of sufficient volume under pressure for effective hand washing procedures as outlined in this chapter.

(3) A permittee shall maintain at least one handwashing sink for the following number of agents who are engaged in warewashing or the processing of ingredients or edible cannabis products while on duty at the same time:

(a) Every 15 agents; and

(b) Any fraction of 15 agents.

G. Artificial Lighting.

(1) A room or area in which ingredients or edible cannabis products are processed or stored, or in which cookware or equipment are cleaned, sanitized, or stored, shall have artificial lights that provide at a minimum:

(a) 40-foot candles of light on all work surfaces used for processing and warewashing; and

(b) 20-foot candles of light on surfaces used solely for storage.

(2) The artificial lighting shall consist of:

(a) Shatter-resistant bulbs; or

(b) Light shields that protect exposed light bulbs or fixtures from breakage and prevent glass fragments from contacting ingredients, edible cannabis products, or contact surfaces.

H. Floor Drains.

(1) The permittee shall:

(a) If a floor receives water as a result of processing or cleaning, install and maintain floor drains at a rate of one floor drain for every 400 square feet of floor area; and

(b) Ensure that the floor is sloped to one or more floor drains at a pitch of 1/8 to 1/4 inch per foot.

(2) Pooling or standing water is not allowed.

I. Lavatories.

(1) The premises shall be constructed to include:

(a) A separate, gender-segregated lavatory for men and women, or a gender-neutral lavatory; and

(b) One toilet for the following number of agents who are on duty at the same time:

(i) Every 15 agents; and

(ii) Any fraction of 15 agents.

(2) A lavatory may not open directly into an area in which:

(a) Ingredients or edible cannabis products are stored, processed, packaged, or labeled; or

(b) Cookware or equipment is washed or stored.

(3) Each lavatory shall be equipped with:

(a) Ventilation with mechanical air exhaust at the rate of 2 cubic feet per minute of air for each square foot of floor area or a screened window that allows the entrance of outside air;

(b) Easily cleanable and durable walls and ceiling;

(c) A smooth, impervious, and easily cleanable floor;

(d) Artificial lighting that provides 20-foot candles of light when measured 30 inches above the floor;

(e) A handwashing sink;

(f) Soap;

(g) Paper towels or warm air hand drying devices;

(h) Warm water of sufficient volume under pressure for effective hand washing according to the procedures set forth in this chapter; and

(i) A covered trash receptacle.

J. Non-Green Waste.

(1) The premises shall include non-green waste containers that are:

(a) Adequate in number to maintain sanitary conditions;

(b) Accessible to agents at locations where non-green waste is generated;

(c) Labeled as not suitable for any green waste;

(d) Easily cleanable; and

(e) Placed on a hard and impermeable surface.

(2) Non-green waste containers located inside shall be leak-proof and emptied and cleaned at least daily.

(3) Non-green waste containers located outdoors shall be:

(a) Impervious to leaks, vermin, and insects;

(b) Equipped with a drain that conveys wastewater from the container directly into a sewerage system that meets all applicable State and local codes and properly disposes of the wastewater;

(c) Large enough to hold waste until the waste is taken off-site; and

(d) Covered.

K. In any event where the permittee is unable to ensure adequate sanitation, such as during an electrical outage or water shut-off, the permittee shall:

(1) Cease all edible cannabis processing;

(2) Conduct a risk analysis to determine whether any ingredients, edible cannabis products, or packaging or labeling materials were contaminated; and

(3) Notify the Commission within 24 hours of the event.

.05 Receipt of Ingredients.

A. Ingredients and other supplies necessary to process edible cannabis products shall be received in a designated area identified in the standard operating procedures.

B. This regulation does not apply to the receipt of medical cannabis, medical cannabis concentrates, or medical cannabis-infused products that are not intended to be used as an ingredient in edible cannabis products.

C. Each receiving area shall have a barrier that reasonably prevents the entry of:

(1) Insects;

(2) Vermin;

(3) Pathogenic microorganisms;

(4) Toxic or deleterious chemicals;

(5) Foreign matter;

(6) Dust; or

(7) Animals.

D. Any dock or overhead door may only be open when ingredients, edible cannabis products, waste, or other items are:

(1) Received;

(2) Removed from the premises; or

(3) Moved between receiving areas.

E. Upon receipt of each delivery, a permittee shall:

(1) Inspect the delivery for damage and potential contamination;

(2) Inspect the delivery for potentially hazardous ingredients;

(3) Enter timely and accurate temperature data for potentially hazardous ingredients; and

(4) Confirm that each:

(a) Delivery is not damaged or contaminated; or

(b) Damaged or contaminated item is recorded in the receiving log.

F. All ingredients shall be clearly labeled by the permittee with the:

(1) Name of the ingredient;

(2) Batch or lot number;

(3) Date of receipt; and

(4) Expiration or use-by date.

G. A permittee shall maintain for at least 2 years a log of the:

(1) Date and time of each delivery of ingredients;

(2) Name and quantity of ingredients received;

(3) Batch or lot number of each ingredient received;

(4) Temperature data required under §E(3) of this regulation;

(5) Name of the product manufacturer or licensee and, if different, the name of the shipping company; and

(6) Name of processor agent responsible for receiving the shipment.

H. All food ingredients shall be produced by a commercial manufacturer that is licensed by an approving authority.

I. Spoiled, unwholesome, vermin-infested, or insect-infested ingredients are not allowed onto the premises and shall be:

(1) Removed immediately from the premises and properly disposed of;

(2) If it is not practicable to remove immediately, placed in a quarantine area temporarily until proper disposal; or

(3) If deemed necessary as part of an investigation by the Commission or other State, local, or federal regulatory agency, placed in a quarantine area until collection.

.06 Storage of Ingredients and Edible Cannabis Products.

A. All ingredients and edible cannabis products shall be kept in a secure controlled environment that:

(1) Meets the requirements set forth in this chapter; and

(2) Is a dry storage area, refrigerated storage area, or freezer storage area.

B. Storage standard operating procedures shall preserve freshness, prevent contamination, and maintain cannabinoid content of any ingredients or edible cannabis products.

C. Food ingredients may not be stored in the same areas as medical cannabis unless as outlined in standard operating procedures and approved by the Commission. 

D. Storage equipment shall be positioned so that:

(1) Storage surfaces are at least 6 inches:

(a) Above the floors; and

(b) Away from the walls; and

(2) Ingredient contact surfaces are at least 18 inches above the floor.

E. Dry Storage Area.

(1) A dry storage area shall be maintained between 50°F and 70°F.

(2) A dry storage area shall have:

(a) Adequate ventilation to remain below 60 percent relative humidity; and

(b) A thermometer and hygrometer in plain sight that are calibrated based on the manufacturer’s recommendations to ensure accuracy.

F. Refrigerated Storage Area.

(1) A refrigerated storage area shall:

(a) Be maintained at or below 40°F; and

(b) Have thermometers that are easily readable and accurate to plus or minus 2°F.

(2) A permittee shall:

(a) Position a temperature sensor to register the warmest air in the temperature-controlled space; or

(b) Have several thermometers throughout the area to ensure accuracy, consistency, and adequate cooling.

(3) A refrigerator unit shall have doors that close tightly and seal fully. 

(4) In the case of a power outage, if the refrigerator unit:

(a) Remains below 40°F, when the power returns the refrigerator contents are considered safe; and

(b) Rises above 40°F for more than 2 hours, then:

(i) Any ingredients or edible cannabis products shall be discarded; and

(ii) The permittee shall notify the Commission within 24 hours. 

G. If any ingredients or edible cannabis products that were stored in the refrigerator do not require temperature control for safety, a permittee may conduct a risk analysis to determine whether the ingredients or edible cannabis products remain safe for human consumption.

H. The permittee shall maintain a record of any risk analysis conducted, the agent responsible for the risk analysis, and any ingredients or edible cannabis products that the permittee determines remain safe for human consumption.

I. Freezer Storage Area.

(1) A freezer storage area shall:

(a) Be maintained at or below 0°F; and

(b) Have thermometers that are easily readable and accurate to plus or minus 2°F.

(2) A permittee shall:

(a) Position a temperature sensor to register the warmest air in the temperature-controlled space; or

(b) Have several thermometers throughout the area to ensure accuracy, consistency, and adequate cooling.

(3) A freezer unit shall have doors that close tightly and seal fully.

(4) In the case of a power outage, if the freezer unit:

(a) Remains at or below 0°F, when the power returns its contents are considered safe; and

(b) Rises above 0°F for more than 2 hours, then:

(i) Any ingredients or edible cannabis products that were stored in the freezer shall be discarded; and

(ii) The permittee shall notify the Commission within 24 hours.

(5) If any ingredients or edible cannabis products that were stored in the freezer do not require temperature control for safety, a permittee may conduct a risk analysis to determine whether the ingredients or edible cannabis products remain safe for human consumption.

(6) The permittee shall maintain a record of any risk analysis conducted, the agent responsible for the risk analysis, and any ingredients or edible cannabis products that the permittee determines remain safe for human consumption.

J. Potentially Hazardous Ingredients.

(1) The internal temperature of a potentially hazardous ingredient shall:

(a) Be kept at 41°F or less, or 135°F or greater; and

(b) For ingredients with a non-proteolytic Clostridium botulinum potential hazard, be kept at 38°F or less during refrigerated storage.

(2) When the internal temperature of a potentially hazardous ingredient is kept at temperatures other than specified in §J(1) of this regulation:

(a) A scheduled process approved by the Commission, specifying the temperature and amount of time at that temperature, shall be used; and

(b) Documentation of any corrective action taken and the agent responsible for monitoring the corrective action plan shall be kept for a minimum of 2 years and made available to the Commission upon request.

K. All ingredients and edible cannabis products shall be clearly labeled and stored in a manner that:

(1) Facilitates first-expired, first-out (FEFO) procedures; and

(2) Is approved by the Commission.

L. Each temperature-controlled equipment unit shall have a temperature sensor visible from outside of the temperature-controlled equipment unit.

M. For each dry storage area, refrigerator storage area, and freezer storage area, a permittee shall:

(1) Monitor the temperature 24 hours a day, 365 days a year without interruption;

(2) Document the temperature at least two times a day, 365 days a year without interruption; and 

(3) If outside the specified temperature range, document the time, date, any appropriate corrective action, and the agent responsible for monitoring the corrective action plan.    

N. Poisonous or Toxic Materials.

(1) A permittee shall ensure that any poisonous or toxic materials are:

(a) Kept in the original bulk container before use;

(b) Prominently and distinctively marked or labeled for easy identification;

(c) Used in accordance with manufacturer’s guidelines; and

(d) Not used or stored in a way that is likely to contaminate medical cannabis, ingredients, edible cannabis products, or packaging and labeling materials.

(2) A permittee shall make a safety data sheet (SDS) that is specific to any poisonous or toxic material available to each agent in a form that the agent understands.

.07 Equipment.

A. General Requirements.

(1) The permittee shall prevent any ingredient or edible cannabis product from coming into contact with a surface or substance other than a clean and sanitary surface or substance intended for food contact or incorporation into food.

(2) Any heating and cooling equipment in close contact with ingredients or edible cannabis products shall be:

(a) Food grade;

(b) Approved for use in food processing areas; or

(c) Designed to prevent any contact with any ingredient or edible cannabis product.

(3) The permittee shall ensure that:

(a) The warewashing area includes a three-compartment sink able to hold and wash cookware and equipment in the kitchen;

(b) Larger cookware or equipment that cannot have at least 50 percent of its contact surface submerged in the three-compartment sink complies with approved standard operating procedures for cleaning and sanitizing the cookware or equipment;

(c) Agents are trained to clean the larger cookware and equipment according to the standard operating procedures; and

(d) A log is maintained for 2 years detailing the date, time, and agent responsible for cleaning and sanitizing the larger cookware or equipment.

(4) Equipment used to process ingredients and edible cannabis products shall be:

(a) Maintained in a sanitary and working condition;

(b) Tested and calibrated according to the equipment manufacturer’s instructions to ensure accuracy; and     

(c) Positioned in a manner that does not impede proper cleaning and sanitation procedures.  

(5) Equipment used to process ingredients and edible cannabis products shall meet design standards intended for food production equipment, such as those established by the:

(a) National Sanitation Foundation (NSF);

(b) Bakery Industry Sanitation Standards Committee;

(c) National Automatic Merchandising Association;

(d) International Association of Milk and Food Sanitarians;

(e) American Society of Mechanical Engineers; or

(f) U.S. Department of Agriculture.

(6) A thermometer used to monitor the temperature of any ingredient, edible cannabis product, or storage area shall be:

(a) Validated at least once per month using standard operating procedures approved by the Commission; and

(b) Calibrated based on the manufacturer’s recommendations to ensure accuracy, and at a minimum:

(i) Annually; or

(ii) When validation procedures identify a thermometer is not accurate to plus or minus 2°F.

B. Contact Surfaces.

(1) Materials used as contact surfaces of equipment or cookware shall be:

(a) Nontoxic; 

(b) Inert to ingredients;

(c) Nonporous and nonabsorbent;

(d) Corrosion-resistant;

(e) Durable;

(f) If stainless steel, made of stainless steel of American Iron and Steel Institute Type 304, or equivalent; and

(g) Maintained in good condition.

(2) Contact surfaces of equipment or cookware shall be designed, constructed, and maintained to be:

(a) Smooth;

(b) Easily cleanable;

(c) Free of difficult-to-clean internal surfaces;

(d) Self-emptying or self-draining if an interior surface;

(e) Visible for inspection or readily disassembled for inspection;

(f) If manually cleaned:

(i) Readily accessible for cleaning without tools; or

(ii) If not readily accessible, readily disassembled for cleaning with the use of simple tools kept available near the equipment; and

(g) If cleaned and sanitized by pressurized cleaning-in-place system, readily accessible to the cleaning and sanitizing solutions without disassembly.

.08 Cleaning and Sanitation Procedures.

A. General Requirements.

(1) A permittee shall establish standard operating procedures for cleaning and sanitizing any surface, cookware, or equipment that comes into contact with ingredients or edible cannabis products that:

(a) Ensure proper sanitation throughout the premises;

(b) Are available to each agent in a form the agent understands; and

(c) Are approved by the Commission.

(2) Any surface that comes into contact with ingredients or edible cannabis products shall be cleaned and sanitized:

(a) In accordance with cleaning and sanitation procedures for food contact surfaces of cookware and equipment specified in COMAR 10.15.03;

(b) After preparing potentially hazardous ingredients; and

(c) When there is an interruption in processing of greater than 2 hours. 

(3) The permittee shall use a cleaning and sanitizing schedule and procedure demonstrated by scientific evidence to kill pathogens and be safe for use on surfaces that come into contact with ingredients and edible cannabis products.

(4) Any surface that only comes into contact with fully processed edible cannabis products shall be cleaned and sanitized:

(a) Each time more than 8 hours elapse between the start of processing and the previous cleaning and sanitizing; 

(b) If processing more than one type of edible cannabis product, at a frequency sufficient to prevent cross-contamination of allergens or different dosage forms;

(c) After processing has been completed;

(d) When there is an interruption in processing of greater than 2 hours; and

(e) As often as needed during processing to prevent contamination of edible cannabis products.

B. Any surface, utensil, or equipment that does not contact ingredients or edible cannabis products shall be cleaned:

(1) According to COMAR 10.15.04; and

(2) As often as necessary to maintain sanitary conditions.

C. Vermin and insects shall be eliminated so that there is minimal potential for contamination of ingredients or edible cannabis products.

D. Pesticides may not be used to exterminate vermin unless:

(1) Approved for use in food processing areas; or

(2) The permittee:

(a) Applies the pesticides only in areas not used for storage or processing of ingredients or edible cannabis products; and

(b) Accurately enters the data into the perpetual inventory control system. 

.09 Agent Sanitation.

A. The permittee shall establish standard operating procedures, approved by the Commission, for all aspects of agent hygiene and sanitation to ensure that each agent:

(1) Practices good personal hygiene and does not contaminate ingredients or edible cannabis products;

(2) Wears clean outerwear and, if necessary, a hair or beard covering, or both;

(3) Wears gloves when handling any cannabis plant material or medical cannabis concentrate;

(4) If wearing gloves:

(a) Uses gloves that are intended for food contact;

(b) Washes their hands thoroughly before putting on the gloves; and

(c) Washes their hands and replaces the gloves in accordance with COMAR 10.15.03.14J and after an activity that:

(i)  Is likely to soil the gloves; or

(ii) Damages the gloves;

(5) If not wearing gloves, washes their hands and the exposed portions of their arms:

(a) Frequently, and after an activity that is likely to soil their hands;

(b) Immediately upon entrance to any area containing ingredients or edible cannabis products;

(c) Immediately before engaging in preparation for the production of edible cannabis products;

(d) After using the lavatory;

(e) After coughing, sneezing, or using a handkerchief or disposable tissue;

(f) After using tobacco;

(g) After eating or drinking;

(h) After handling soiled linens, equipment, or cookware;

(i) During preparation for production of edible cannabis products, as often as necessary to remove soil and contamination and to prevent cross-contamination when changing tasks;

(j) When switching between working with ingredients or unfinished edible cannabis products and working with fully processed edible cannabis products;

(k) Before donning gloves for working with edible cannabis products or ingredients; and

(l) After engaging in any other activities that may contaminate the hands;

(6) If handling ingredients or edible cannabis products, maintains trim and clean fingernails and does not wear artificial fingernails; and

(7) Is excluded from working with ingredients or edible cannabis products, packaging materials, labeling materials, clean equipment, clean utensils, or clean linens:

(a) If the agent has any disease caused by:

(i) Entamoeba histolytica;

(ii) Vibrio cholera;

(iii) Staphylococcus aureus;

(iv) Escherichia coli O157:H7or other Enterohemorrhagic or Shiga-toxin producing Escherichia coli;

(v) Hepatitis A;

(vi) Salmonella spp.;

(vii) Shigella spp.;

(viii) Norovirus;

(ix) Group A beta-hemolytic Streptococcus; or

(x) Salmonella Typhi, typhoid-like fever or carrier thereof;


(b) If the agent has an:

(i) Illness transmissible through food or edible cannabis products; or

(ii) Exposed and open sore or cut; or 

(c) If the agent is experiencing:

(i) Persistent sneezing, coughing, or a runny nose that causes discharges from the eyes, nose, or mouth;

(ii) Fever;

(iii) Diarrhea, unless a physician has certified the agent as noninfectious;

(iv) Vomiting; or

(v) Jaundice, unless a physician has certified the agent as noninfectious.

B. The premises shall ensure good personal hygiene by providing:

(1) Lockers or similar storage facilities for the secure storage of personal items in a designated non-working area;

(2) Adequate hand-washing facilities as set forth in this chapter;

(3) Signage in each lavatory that instructs agents to wash their hands before returning to work;

(4) A water fountain or other water dispenser that provides potable water without the use of reusable cups;

(5) An area for agents to consume food and beverages that is not used in conjunction with the processing or storage of:

(a) Ingredients;

(b) Edible cannabis products; 

(c) Packaging and labeling materials; or

(d) Cookware; and

(6) If necessary, to ensure safety and sanitation, sanitizer foot baths, footwear covers, or hand dips.

C. The permittee shall:

(1) Ensure that each agent who handles ingredients or edible cannabis products successfully completes a food handler certificate course, from an entity accredited by the American National Standards Institute (ANSI) or an equivalent food safety accrediting body:

(a) Within 90 days of commencing employment at the premises; and

(b) Every 3 years during employment; and

(2) Maintain a log of agent training in ingredient and edible cannabis product handling.

.10 Manufacture.

A. A permittee shall establish standard operating procedures to ensure the consistent and safe manufacture of edible cannabis products.

B. A standard operating procedure for the manufacture of edible cannabis products shall:

(1) Be available to each agent in a form the agent understands;

(2) Accurately reflect the procedures used at the premises; and

(3) Be approved by the Commission. 

C. Potentially hazardous edible cannabis products may not be manufactured unless approved by the Commission.

D. The permittee shall ensure that:

(1) Pathogenic microorganisms are excluded or eliminated from edible cannabis products before being offered for human consumption;

(2) All edible cannabis products undergo thermal processing or another process scientifically proven to kill pathogenic microorganisms that pose a threat to human health, as outlined in applicable standard operating procedures and approved by the Commission;

(3) The heating, cooling, or re-heating of ingredients or edible cannabis products use methods that prevent contamination; and

(4) All edible cannabis products are safe for human consumption.

E. The permittee shall provide a shelf-life study that meets the requirements of the Commission’s current version of technical authority for medical cannabis testing, to prove the manufacturing processes prevent contamination of edible cannabis products or premature degradation of therapeutic compounds.

.11 Trade Secrets.

A. A permittee shall provide the Commission with the recipe for each edible cannabis product prior to offering the product for distribution or sale to a licensed dispensary.

B. A permittee shall notify the Commission of any ingredient or recipe that the permittee considers a trade secret.

C. The Commission shall maintain the confidentiality of trade secret information in accordance with State Government Article, §10-617, and Health-General Article, §21-259, Annotated Code of Maryland.

D. If the Commission determines that the information about an ingredient or recipe is necessary to conduct a disease outbreak investigation, the Commission may disclose the trade secret to the appropriate investigators.

.12 Edible Cannabis Product Requirements.

A. General Requirements.

(1) A permittee shall obtain approval from the Commission for all edible cannabis products prior to offering the products for distribution or sale to a licensed dispensary by submitting a request in the perpetual inventory control system.

(2) A permittee seeking approval to offer an edible cannabis product shall submit:

(a) A photograph, digital image, or digital rendering of the product, labeling, and packaging;

(b) The varying levels of potency and dosing of the edible cannabis product;

(c) The recipe, including the production process, for manufacturing the edible cannabis product; and

(d) Any scientific studies or laboratory testing results supporting the stability and approximate expiration date of the edible cannabis product.

(3) The Commission shall review and approve each edible cannabis product before the product may be commercially manufactured or sold by a permittee, to ensure the:

(a) Product complies with the requirements of this chapter; and

(b) Safety of minors.

B. Dosage Requirements.

(1) Unless expressly authorized by the Commission, an edible cannabis product may not contain more than:

(a) 10 milligrams of THC per serving; and

(b) 100 milligrams of THC per package.

(2) A permittee is encouraged to manufacture varying levels of potency for each edible cannabis product the permittee distributes, including products containing:

(a) 2.5 milligrams of THC per serving; and

(b) 5 milligrams of THC per serving.

(3) Each single serving contained in a package of a multiple-serving solid edible cannabis product shall be physically separated in a way that enables a patient to determine how much of the edible cannabis product constitutes a single serving. 

(4) A package containing more than one serving of non-solid edible cannabis product shall:

(a) Have a resealing cap or closure; and

(b) Include within the package a measuring device that is appropriate for the product form, such as a measuring cap or dropper for liquids or a measuring spoon for powders.

(5) A package containing more than one serving of a liquid edible cannabis product may have a non-opaque strip or measuring marks on the bottle or package, but the strip or marks do not suffice as a measuring device.

(6) A permittee seeking to manufacture an edible cannabis product containing more than 10 milligrams of THC per serving or 100 milligrams of THC per package shall submit a request, in a form prescribed by the Commission, that provides scientific or medical evidence or research that supports the use of higher doses of THC to treat a qualifying medical disease or condition.

(7) The Commission may deny a request under §B(6) of this regulation if: 

(a) The request is facially insubstantial; or

(b) The Commission determines that:

(i) The scientific or medical evidence or research is inadequate; or

(ii) The potential risks to patients and to the safety of minors outweighs the potential benefits. 

(8) An edible cannabis product consisting of multiple servings shall be homogenized so that each serving contains the same concentration of THC.

D. Appearance of Edible Cannabis Products.

(1) A solid edible cannabis product may only be manufactured or distributed in geometric shapes.

(2) A permittee may not manufacture an edible cannabis product that due to its shape, design, or flavor is likely to appeal to minors.

(3) The manufacture or sale of edibles in the following shapes is prohibited:

(a) Human, animal, or fruit;

(b) A shape that bears the likeness or contains characteristics of a realistic or fictional human, animal, or fruit, including artistic, caricature, or cartoon renderings; and

(c) A commercially available food or beverage product that targets, or is primarily marketed to, minors.

E. Prohibited Products.

(1) Edible cannabis products may not contain:

(a) Meat;

(b) Seafood;

(c) Unpasteurized eggs; or

(d) Unpasteurized dairy of any type.

(2) The following types of products may not be sold:

(a) Alcoholic beverages, as defined in Alcoholic Beverage Article, §1-101, Annotated Code of Maryland; and

(b) Any product containing any non-cannabis additive that would increase potency or toxicity, or that would create an unsafe combination with other psychoactive substances, including nicotine and caffeine.

(3) The prohibition in §E(2)(b) of this regulation does not apply to products containing naturally occurring caffeine, such as coffee, tea, or chocolate.

.13 Edible Cannabis Packaging Requirements.

A. All edible cannabis product packaging shall comply with the requirements established in COMAR 10.62.24 and COMAR 10.62.29.

B. Any container or packaging containing edible cannabis products shall protect the contents from contamination.

C. Edible cannabis product packaging:

(1) Shall be designed and installed to maintain product safety and integrity;

(2) Shall be made from materials that are food safe, are appropriate for the intended use, and cannot migrate to or be absorbed by the edible cannabis product;

(3) Shall comply with the food additive requirements established in 21 CFR §§174—178; 

(4) Shall be tamper-evident;

(5) Shall comply with the child-resistant packaging requirements established in 16 CFR §1700; 

(6) If intended for multiple openings, shall be capable of being resealed and sustain being child-resistant after the container or package has been opened; 

(7) Shall be stored so that the edible cannabis product is protected from contamination; and

(8) May not be reused.

D. Prior to use, a permittee shall evaluate the edible cannabis product packaging for:

(1) Permeability to:

(a) Water;

(b) Water vapor;

(c) Oxygen; and

(d) Other gases; and

(2) Tolerance to:

(a) Heat;

(b) Cold;

(c) Chemicals used in processing;

(d) Strength; and

(e) Elasticity.

E. Packaging of an edible cannabis product that contains multiple servings shall include a statement on the exterior of the package indicating the packaging contains multiple servings and the number of servings contained within.

.14 Edible Cannabis Product Labeling Requirements.

A. An edible cannabis product label shall comply with the requirements established in COMAR 10.62.24 and COMAR 10.62.29.

B. An edible cannabis product label shall include:

(1) A list of:

(a) Ingredients and sub-ingredients in descending order of prominence; and

(b) Any natural or synthetic preservative added;

(2) A statement of any common food allergens, as indicated in the Food Allergen Labeling and Consumer Protection Act of 2004, 21 U.S.C. §301 et seq., that an edible cannabis product may contain, including:

(a) Eggs;

(b) Soybeans;

(c) Milk;

(d) Wheat;

(e) Peanuts;

(f) Tree nuts;

(g) Fish; or

(h) Crustacean shellfish;

(3) The processing date;

(4) The expiration date, which shall be:

(a) Supported by scientific evidence, such as formal stability or challenge studies conducted on similar conventional food products;

(b) Supported by stability studies conducted following guidelines indicated in the Commission’s current version of technical authority; and

(c) Calculated based on a shelf-life approved by the Commission for the specific edible cannabis product; and

(5) A warning that states: “CAUTION: When consumed by mouth the effects of this product can be immediate or delayed by 2 or more hours.”.

C. Edible cannabis product labels shall be able to remain conspicuous, durable, and legible for the shelf-life of the edible cannabis product.

.15 Limited Testing for Research and Development Purposes.

A. A licensed processor may process edible cannabis products for research and development purposes to facilitate safe edible cannabis product development and innovation.

B. The research and development of the edible cannabis products under this regulation may not include testing of any type on human or animal subjects.

C. Edible Cannabis Product Development. A licensed processor who processes edible cannabis products for research and development shall:

(1) Track the medical cannabis used for research and development in the perpetual inventory control system;

(2) Quarantine each batch or lot in a quarantine area and label each batch or lot with a distinctive label;

(3) Process the medical cannabis for research and development during a time that does not overlap with the processing of any medical cannabis that will be intended for human consumption; and

(4) Establish standard operating procedures for cleaning and sanitation that:

(a) Include protocols for adequately cleaning processing areas, cookware, and equipment in between processing edible cannabis products for research and development purposes and processing products intended for human consumption; and

(b) Are approved by the Commission.

D. Research and Development Testing.

(1) A licensed processor may conduct the research and development testing on the processor’s premises or through an independent testing laboratory.

(2) If an independent testing laboratory conducts the research and development testing on the edible cannabis product, the laboratory shall clearly mark any certificate of analysis or reporting of test results with “R&D TESTING ONLY” on the header and footer of the report in 20-point white font and a red background.

E. Any edible cannabis product transferred from the licensed premises for research and development testing shall:

(1) Be packaged in accordance with Regulation .13C of this chapter;

(2) Be labeled with the statements:

(a) “CAUTION: NOT FOR HUMAN OR ANIMAL CONSUMPTION.”; and

(b) “This product has not been approved by the Maryland Medical Cannabis Commission and is intended for research and development purposes only.”;

(3) Identify the name and telephone number of the licensed processor who manufactured the product; and

(4) Include a unique identifying number.

F. A batch or lot of medical cannabis originally used or processed for research and development purposes:

(1) May not be used in the processing of medical cannabis sold to a licensed dispensary; and

(2) Shall be destroyed and logged as green waste.

G. A licensed processor shall maintain a record of all research and development tests for at least 2 years and provide copies of the test results to the Commission, upon request.

.16 Transport of Edible Cannabis Products.

A. The transport of edible cannabis products shall comply with the medical cannabis shipment requirements established in COMAR 10.62.18.

B. If transporting edible cannabis products that require temperature control for safety and stability, a permittee shall ensure the vehicle or transportation equipment:

(1) Provides adequate temperature control to prevent the edible cannabis products from becoming unsafe during transport; and

(2) Complies with the requirements established in 21 CFR §1.908(c).

C. A permittee shall maintain a detailed log of the temperature of the edible cannabis products at the time of departure for at least 2 years. 

D. The receiving licensee shall maintain a detailed log of the temperature of the edible cannabis products at the time of arrival at the licensed dispensary for at least 2 years.

E. If any edible cannabis products are declined upon arrival to the licensed dispensary due to contamination, damage, or an unsafe temperature, the permittee shall, within 24 hours:

(1) Document the declination and the reason for the declination in the perpetual inventory control system; and

(2) Dispose of the rejected material in accordance with the permittee’s approved green waste disposal plan.

.17 Dispensary Responsibilities.

A. A licensed dispensary may not store or distribute edible cannabis products unless the licensed dispensary:

(1) Submits to the Commission the licensee’s standard operating procedures for receipt, storage, and distribution of all edible cannabis products; and

(2) Passes a Commission inspection, and the operations conform to the standard operating procedures for the receipt, storage, and distribution of all edible cannabis products.

B. Each licensed dispensary shall offer for sale containers for the storage of medical cannabis that lock and are designed to prevent children from unlocking and opening the container.

C. A licensed dispensary may not store or distribute products containing potentially hazardous ingredients unless:

(1) Stored in accordance with Regulation .06 of this chapter; and

(2) Approved by the Commission.

.18 Laboratory Testing.

A. Each lot of edible cannabis products shall be tested by a registered independent testing laboratory for:

(1) Cannabinoid content, including:

(a) THC, which shall be +/-10 percent of any amount indicated on the edible cannabis product label;

(b) Any other cannabinoids indicated in the Commission’s current version of technical authority; and

(c) Any cannabinoid identified on the package or label of the edible cannabis product;

(2) Microbiological impurities, including:

(a) Shiga-toxin producing Escherichia coli <1 CFU/g (undetectable);

(b) Salmonella spp. <1 CFU/g (undetectable);

(c) Total of aflatoxin B1, B2, G1, and G2 <20 µg/kg of substance; and

(d) Ochratoxin A <20 µg/kg of substance;

(3) Water activity (aw), which shall be 0.85 or less unless approved by the Commission; 

(4) A visual inspection of the edible cannabis product to identify:

(a) The presence of any foreign matter;

(b) Any abnormal odors or colors; and

(c) Any inconsistencies between servings of an edible cannabis product; and

(5) Any other tests required by the Commission’s current version of technical authority for medical cannabis testing.

B. A permittee shall ensure homogeneity and establish the validity of the production process for all edible cannabis products by implementing written standard operating procedures that comply with the Commission’s current version of technical authority for medical cannabis testing.

C. Random sampling and stability studies shall comply with the requirements established in the Commission’s current version of technical authority for medical cannabis testing.

.19 Exceptions.

A licensee may not use an alternative method of receiving, storing, sanitizing, delivering, processing, monitoring, or verifying edible cannabis products or edible cannabis product equipment, cookware, or procedures unless authorized by the Commission.

.20 Compliance with State and Federal Food Safety Requirements.

Although edible cannabis products are not defined as or regulated by the same approving authority as food, in addition to the other requirements set forth in this chapter, a permittee shall comply with all applicable food safety regulations including:

A. 21 CFR, as amended;

B. 21 U.S.C. §343, as amended;

C. 21 U.S.C. §§451—471, as amended; and

D. 21 U.S.C. §§601—695, as amended.

.21 Medical Cannabis Products and Components Not Subject to This Chapter.

A. Regulations .01—.19 of this chapter do not apply to the following:

(1) Dried leaves and flowers of the cannabis plant;

(2) Medical cannabis concentrates; and

(3) Medical cannabis-infused products as defined in COMAR 10.62.23.01B(3)(c).

B. A licensed processor may submit a request to the Commission to exempt a medical cannabis product intended for human consumption by oral ingestion, in whole or part, from Regulations .01—.19 of this chapter if the dosage form is recognized by the United States Pharmacopeia, the National Formulary, or the Food and Drug Administration.

C. The Commission may approve a request to exempt a dosage form from Regulations .01—.19 under the following conditions if the licensed processor submits:

(1) A completed application in a form prescribed by the Commission; 

(2) Standard operating procedures for all aspects of the receipt, processing, storage, packaging, labeling, handling, tracking, and shipping of products in the dosage form;

(3) The dosage form is recognized by the United States Pharmacopeia, the National Formulary, or the Food and Drug Administration; and

(4) The licensed processor is certified by an accredited third-party certification body in an alternative pharmaceutical or dietary supplement certification approved by the Commission.

ROBERT R. NEALL
Secretary of Health

 

Title 11
DEPARTMENT OF TRANSPORTATION

Subtitle 06 MARYLAND TRANSIT ADMINISTRATION

11.06.04 Distribution of Fare Products by Opioid Treatment Centers

Authority: Transportation Article, §7-712, Annotated Code of Maryland

Notice of Proposed Action

[20-162-P]

The Administrator of the Maryland Transit Administration proposes to adopt new Regulations .01—.06 under a new chapter, COMAR 11.06.04 Distribution of Fare Products by Opioid Treatment Centers.

Statement of Purpose

The purpose of this action is to establish a process by which qualified patients of opioid treatment centers may be issued a reduced fare transit pass by their participating treatment center.

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 an impact on individuals with disabilities as follows:

Individuals with a substance abuse disorder may be positively impacted by this regulation to the extent that they are in the care of a participating opioid treatment center.

Opportunity for Public Comment

Comments may be sent to Nora Corasaniti, Deputy Director of Government Affairs, Maryland Department of Transportation, Maryland Transit Administration, 6 St. Paul Street, Baltimore, MD 21202, or call 410-767-2536, or email to ncorasaniti@mdot.maryland.gov. Comments will be accepted through November 23, 2020. A public hearing has not been scheduled.

.01 Scope.

This chapter governs the distribution of monthly fare products by opioid treatment centers to eligible individuals participating in opioid treatment programs.

.02 Definitions.

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

B. Terms Defined.

(1) “Administration” means the Maryland Transit Administration of the Department of Transportation established pursuant to Transportation Article, §7-201, Annotated Code of Maryland.

(2) “Eligible individual” means an individual enrolled in an opioid treatment center who qualifies for half fare prices under 49 CFR Part 609 and is certified by the Administration as eligible to receive reduced fare under the Administration’s Reduced Fare Program. 

(3) “Fare product” means the Reduced Fare Monthly or Reduced Fare 31-Day Pass issued by the Administration.

(4) “Opioid treatment center” means a facility enrolling eligible individuals in opioid treatment programs licensed by the Department of Health to provide behavior health services under COMAR 10.63.02.

.03 Application.

A. An opioid treatment center may issue fare products with the approval of the Administration.

B. Approval to issue fare products may be obtained by an opioid treatment center by submitting an application on a form provided by the Administration, which shall include the following information:

(1) Organization name, address, telephone number, primary email address, and contact individual; 

(2) Department of Health behavioral health service license number, date of issue of license, and license expiration date; and

(3) Any other information required by the Administration.

C. The application shall be accompanied by a photocopy or electronic image of the opioid treatment center’s license issued by the Department of Health.

D. Approval shall be for a period of 4 years. An opioid treatment center may renew its approval by submitting a new application to the Administration. 

.04 Obligations of Opioid Treatment Centers.

A. After obtaining approval as required by Regulation .03 of this chapter, an opioid treatment center shall submit an agreement signed by an authorized individual of the opioid treatment center on the form required by the Administration, agreeing to the obligations listed in this regulation and other obligations required by the Administration.

B. The opioid treatment center shall maintain accurate, timely, and complete records of all transactions related to fare products acquired and distributed under Regulation .03 of this chapter.

C. The opioid treatment center shall provide periodic reports of its inventory of fare products to the Administration.

D. The opioid treatment center may only issue fare products to eligible individuals.

E. The opioid treatment center may charge a fee for fare products no more than the rate charged by the Administration for the fare product.

F. The opioid treatment center shall immediately report the loss or suspension of its license by the Department of Health.

G. If an opioid treatment center violates the agreement or obligations stated in this regulation, the Administration may suspend its approval to issue fare products for a period of 1 year or longer, depending on the severity of the offense.

H. Within 15 calendar days after receipt of a written determination, an opioid treatment center may appeal the denial or termination of approval to the Office of Administrative Hearings for a final decision in accordance with COMAR 28.02.01.

I. An aggrieved party may seek judicial review of any final administrative decision under this chapter in accordance with the provisions of the Administrative Procedure Act, State Government Article, §10-222, Annotated Code of Maryland.

.05 Payment and Rates for Monthly Passes.

A. The required payment for each fare product distributed by participating opioid treatment centers shall be the current rate established by the Administration for opioid treatment center fare products.

B. Opioid treatment centers shall pay the full amount of any fare products provided by the Administration upon receipt or other mutually agreed upon time.

.06 Inspections and Audits.

A. The Administration or its designee may conduct inspections and audits of opioid treatment center facilities, records, and processes related to this issuance of fare products by opioid treatment centers with notice of at least 30 days.

B. Inspections and audits will be conducted during regular operational hours at agreed-upon times unless an unannounced inspection or audit is warranted.

KEVIN B. QUINN, JR.
Administrator
Maryland Transit Administration

 

Title 12
DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

Subtitle 04 POLICE TRAINING AND STANDARDS COMMISSION

12.04.01 General Regulations

Authority: Public Safety Article, §§3-208-209, Annotated Code of Maryland

Notice of Proposed Action

[20-166-P]

The Chair of the Police Training and Standards Commission proposes to amend Regulations .04 and .06 under COMAR 12.04.01 General Regulations. This action was considered at a public meeting held on October 23, 2019.

Statement of Purpose

The purpose of this action is to update the language of COMAR 12.04.01.04 and .06 to reflect changes that have been made to Maryland law. During the 2018 legislative session, the Maryland General Assembly updated language in Public Safety Article, §3-209, Annotated Code to Maryland, to allow an individual who is a permanent legal resident and an honorably discharged veteran from the United States Armed Forces to become a police officer if the individual has submitted an application to become a citizen of this country. The statutory change also allows for the termination of a police officer who fails to become a United States citizen.

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 Albert L. Liebno, Jr., Executive Director, Maryland Police and Correctional Training Commissions, 6852 4th Street, Sykesville, MD 21784, or call 410-875-3600, or email to albert.liebno@maryland.gov, or fax to 410-875-3584. Comments will be accepted through November 23, 2020. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the Police Training and Standards Commission during a public meeting to be held on January 6, 2021, at 6852 4th Street, Sykesville, MD 21784.

.04 Selection Standards for Provisional Certification.

A. (text unchanged)

B. Citizenship. An applicant for the position of police officer shall:

(1) Be either:

[(1)] (a) [Be a] A United States citizen; [and] or

[(2) Submit documents supporting a claim of citizenship to the hiring law enforcement agency.]

(b) A permanent legal resident of the United States who:

(i) Is an honorably discharged veteran of the United States Armed Forces; and

(ii) Has submitted an application for United States citizenship that is pending approval; and

(2) Submit documents to the hiring law enforcement agency that support a claim of:

(a) Citizenship; or

(b) Permanent legal residency and proof of a pending application for United States citizenship.

C. — K. (text unchanged)

.06 Police Officer Certification.

A. Certification Requirements.

(1) — (2) (text unchanged)

(3) A certified police officer who fails to obtain United States citizenship as set forth in Regulation .04 of this chapter within 3 years shall be reviewed by the Commission.

B. (text unchanged)

C. Renewal of Certification.

(1) — (4) (text unchanged)

(5) If a police officer’s certification expires, is revoked, or is terminated, the police officer’s agency head shall ensure that the individual does not perform the law enforcement duties of a police officer.

D. — I. (text unchanged)

TROY D. BERRY
Chair
Police Training and Standards Commission

 

Special Documents

 

DEPARTMENT OF THE ENVIRONMENT

SUSQUEHANNA RIVER BASIN COMMISSION

Projects Approved for Consumptive Uses of Water

 

AGENCY:  Susquehanna River Basin Commission.

 

ACTION:  Notice.

 

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

 

DATES: August 1-31, 2020

 

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

 

FOR FURTHER INFORMATION CONTACT:  Jason E. Oyler, General Counsel and Secretary to the Commission, 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 (f)(13) and 18 CFR §806.22 (f) for the time period specified above:

 

Water Source Approval – Issued Under 18 CFR 806.22(f):

Chesapeake Appalachia, L.L.C.; Pad ID:  Slumber Valley; ABR-201008015.R2; Meshoppen Township, Wyoming County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date:  August 3, 2020.

XTO Energy, Inc.; Pad ID: Tome 8522H; ABR-20100556.R2; Moreland Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date:  August 4, 2020.

XTO Energy, Inc.; Pad ID:  Moser  8521H; ABR-20100641.R2; Franklin Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date:  August 4, 2020.

BKV Operating, LLC; Pad ID: Sickler 5H; ABR-20100679.R2; Washington Township, Wyoming County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date:  August 6, 2020.

Chesapeake Appalachia, L.L.C.; Pad ID: Lattimer; ABR-201008038.R2; Litchfield Township, Bradford County, Pa.; Consumptive Use of Up to 7.50000 mgd; Approval Date:  August 6, 2020.

Inflection Energy (PA), LLC.; Pad ID: Strouse Well Pad; ABR-201505002.R1; Hepburn Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date:  August 6, 2020.

XTO Energy, Inc.; Pad ID: Brown 8519H; ABR-20100604.R2; Moreland Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date:  August 6, 2020.

Chesapeake Appalachia, L.L.C.; Pad ID: Dave; ABR-201008107.R2; Albany Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date:  August 18, 2020.

Tilden Marcellus, LLC; Pad ID: Simonetti 817 (rev); ABR-20100545.R2; Gaines Township, Tioga County, Pa.; Consumptive Use of Up to 4.9900 mgd; Approval Date:  August 18, 2020.

Tilden Marcellus, LLC; Pad ID: Coon Hollow 904; ABR-20100560.R2; West Branch Township, Potter County, Pa.; Consumptive Use of Up to 4.9900 mgd; Approval Date:  August 18, 2020.

Range Resources – Appalachia, LLC; Pad ID: Harman, Lewis Unit #1H; ABR-20100554.R2; Moreland Township, Lycoming County, Pa.; Consumptive Use of Up to 0.1000 mgd; Approval Date:  August 18, 2020.

ARD Operating, LLC; Pad ID:  COP Tr 728 Pad A; ABR-20100631.R2; Watson Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date:  August 18, 2020.

ARD Operating, LLC; Pad ID: David C Duncan Pad A; ABR-20100635.R2; Cascade Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date:  August 18, 2020.

ARD Operating, LLC; Pad ID: COP Tr 289 C; ABR-20100636.R2; McHenry Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date:  August 19, 2020.

Chief Oil & Gas, LLC.; Pad ID: Bedford; ABR-201008139.R2; Elkland Township, Sullivan County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date:  August 21, 2020.

Chief Oil & Gas, LLC.; Pad ID: Hottenstein; ABR-201008148.R2; Forks Township, Sullivan County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date:  August 26, 2020.

Chief Oil & Gas, LLC.; Pad ID: Benspond; ABR-201008146.R2; Elkland Township, Sullivan County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date:  August 26, 2020.

Chesapeake Appalachia, L.L.C.; Pad ID: Fremar; ABR-201008147.R2; Fox Township, Sullivan County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date:  August 26, 2020.

Chesapeake Appalachia, L.L.C.; Pad ID: Roundtop; ABR-201008067.R2; Colley Township,  Sullivan County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date:  August 26, 2020.

Repsol Oil & Gas USA, LLC; Pad ID: ROY (03 046) B; ABR-20100629.R2; Wells Township, Bradford County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: August 26 , 2020.

Repsol Oil & Gas USA, LLC; Pad ID: LYON (01 078) S; ABR-20100696.R2; Troy Township, Bradford County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: August 26 , 2020.

Tilden Marcellus, LLC; Pad ID: Pierson 810; ABR-20100633.R2; Gaines Township, Tioga County, Pa.; Consumptive Use of Up to 4.9900 mgd; Approval Date:  August 26, 2020.

Range Resources – Appalachia, LLC; Pad ID: Shohocken Hunt Club Unit #1H - #6H; ABR-20100646.R2; Cummings Township, Lycoming County, Pa.; Consumptive Use of Up to 2.0000 mgd; Approval Date:  August 26, 2020.

Repsol Oil & Gas USA, LLC; Pad ID: ROY  (03 040) B; ABR-20100650.R2; Wells Township, Bradford County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: August 28, 2020.

Repsol Oil & Gas USA, LLC; Pad ID: SCHUCKER (03 006) A; ABR-20100654.R2; Columbia Township, Bradford County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: August 28, 2020.

Repsol Oil & Gas USA, LLC; Pad ID: FEUSNER (03 053) J; ABR-201006100.R2; Columbia Township, Bradford County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: August 28, 2020. 

ARD Operating, LLC.; Pad ID: Larry’s Creek F&G Pad D; ABR-20100684.R2; Cummings Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date:  August 28, 2020.

EXCO Resources (PA), LLC; Pad ID: Confer (Pad 32); ABR-20100699.R2; Burnside Township, Centre County, Pa.; Consumptive Use of Up to 3.0000 mgd; Approval Date:  August 28, 2020.

 

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

 

DATED: September 22, 2020.

JASON E. OYLER
General Counsel and Secretary to the Commission

 

[20-22-12]

 

SUSQUEHANNA RIVER BASIN COMMISSION

Grandfathering (GF) Registration Notice

 

AGENCY:  Susquehanna River Basin Commission.

 

ACTION:  Notice.

 

SUMMARY:  This notice lists Grandfathering Registration for projects by the Susquehanna River Basin Commission during the period set forth in DATES.

 

DATES:  August 1-31, 2020.

 

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

 

FOR FURTHER INFORMATION CONTACT:  Jason E. Oyler, General Counsel and Secretary to the Commission, 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 GF Registration for projects, described below, pursuant to 18 CFR 806, Subpart E for the time period specified above:

 

Grandfathering Registration Under 18 CFR part 806, Subpart E:

Borough of Everett Area Municipal Authority – Public Water Supply System, GF Certificate No. GF-202008107, Everett Borough and West Providence Township, Bedford County, Pa.; Tatesville Tunnels, Well 1, and Well 2; Issue Date:  August 12, 2020. 

Carlisle Country Club, GF Certificate No. GF-202008108, Middlesex Township, Cumberland County, Pa.; Letort Spring Run and consumptive use; Issue Date:  August 12, 2020.

Kerry, Inc. – Kerry Bio-Science, GF Certificate No. GF-202008109, Town of Norwich, Chenango County, N.Y.; Well 1, Well 2, and consumptive use; Issue Date: August 19, 2020.

Town of Owego – Water District #4, GF Certificate No. GF-202008110, Town of Owego, Tioga County, N.Y.; Well 1, Well 2, and Well 3; Issue Date:  August 27, 2020.

 

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

 

 
 


DATED:  September 22, 2020

JASON E. OYLER
General Counsel and Secretary to the Commission

 

[20-22-13]

 

SUSQUEHANNA RIVER BASIN COMMISSION

Actions Taken at September 18, 2020, Meeting

 

AGENCY:  Susquehanna River Basin Commission

 

ACTION:  Notice.

 

SUMMARY:  As part of its regular business meeting held on September 18, 2020, from Harrisburg, Pennsylvania, the Commission approved the applications of certain water resources projects, and took additional actions, as set forth in the Supplementary Information below.

 

DATES:  September 18, 2020.

 

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

 

FOR FURTHER INFORMATION CONTACT:  Jason E. Oyler, General Counsel and Secretary, 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.  See also Commission website at www.srbc.net.

 

SUPPLEMENTARY INFORMATION:  In addition to the actions taken on projects identified in the summary above and the listings below, the following items were also presented or acted upon at the business meeting:  (1) tabled action on a general permit; (2)  rescission of Policy No. 98-03; (3) ratification of grants and agreements; (4) modifications to the Commission expense budget for fiscal year 2021; (5) adoption of the proposed expense budget for fiscal year 2022; (6) adoption of resolution regarding member allocation; (7) adoption of an updated Water Resources Program; (8) adoption of amendments to the Comprehensive Plan; (9) approval of two emergency certificate extensions; (10) approval of a request for waiver of 6-month renewal deadline; and (11) election of officers for FY2021.

 

Project Applications Approved:

Project Sponsor and Facility:  Bloomfield Borough Water Authority, Centre Township, Perry County, Pa.  Application for renewal of groundwater withdrawal of up to 0.056 mgd (30-day average) from Well 1 (Docket No. 19901103).

Project Sponsor:  Byler Golf Management, Inc.  Project Facility:  Iron Valley Golf Club, Cornwall Borough, Lebanon County, Pa.  Modification to change consumptive use mitigation method (Docket No. 19981206). 

Project Sponsor and Facility:  Cabot Oil & Gas Corporation, Eaton Township, Wyoming County, Pa.  Application for renewal of groundwater withdrawal of up to 0.864 mgd (30-day average) from the Hatchery Wellfield (Wells 1, 2, and 3) (Docket No. 20160610). 

Project Sponsor and Facility:  Cabot Oil & Gas Corporation (Susquehanna River), Great Bend Township, Susquehanna County, Pa.  Application for renewal of surface water withdrawal of up to 2.000 mgd (peak day) (Docket No. 20160902). 

Project Sponsor and Facility:  Chesapeake Appalachia, L.L.C. (Susquehanna River), Wilmot Township, Bradford County, Pa.  Application for surface water withdrawal of up to 3.000 mgd (peak day). 

Project Sponsor and Facility:  Chesapeake Appalachia, L.L.C. (Susquehanna River), Windham Township, Wyoming County, Pa.  Application for surface water withdrawal of up to 3.000 mgd (peak day). 

Project Sponsor and Facility:  Chesapeake Appalachia, L.L.C. (Wyalusing Creek), Wyalusing Township, Bradford County, Pa.  Application for surface water withdrawal of up to 3.000 mgd (peak day). 

Project Sponsor and Facility:  Green Leaf Water LLC (Lycoming Creek), Lewis Township, Lycoming County, Pa.  Application for renewal of surface water withdrawal of up to 0.900 mgd (peak day) (Docket No. 20160601).

Project Sponsor and Facility:  Lake Meade Municipal Authority, Reading Township, Adams County, Pa.  Application for groundwater withdrawal of up to 0.252 mgd (30-day average) from Well 3. 

Project Sponsor and Facility:  Meadia Heights Golf Club LLC, West Lampeter Township, Lancaster County, Pa.  Modification to change consumptive use mitigation method (Docket No. 20000204).

Project Sponsor and Facility:  Montgomery Water Authority, Clinton Township, Lycoming County, Pa.  Application for renewal of groundwater withdrawal of up to 0.267 mgd (30-day average) from Well 1 (Docket No. 19881102).

Project Sponsor:  Pixelle Specialty Solutions LLC.  Project Facility:  Spring Grove Mill (Codorus Creek and Unnamed Tributary to Codorus Creek), Spring Grove Borough, Jackson Township, and North Codorus Township, York County, Pa.  Applications for existing surface water withdrawals (peak day) of up to 19.800 mgd (New Filter Plant Intake), 6.000 mgd (Old Filter Plant Intake), and 0.750 mgd (Kessler Pond Intake); consumptive use of up to 3.650 mgd (peak day); and existing groundwater withdrawals (30-day average) of up to 0.039 mgd (Well 1) and 0.021 mgd (Well 2).  Proposed action to include combining all existing and new approvals into a single approval document with a single approval term.

Project Sponsor and Facility:  Repsol Oil & Gas USA, LLC (Susquehanna River), Sheshequin Township, Bradford County, Pa.  Application for renewal of surface water withdrawal of up to 1.500 mgd (peak day) (Docket No. 20160908).

Project Sponsor and Facility:  S.T.L. Resources, LLC (West Branch Susquehanna River), Grugan Township, Clinton County, Pa.  Application for surface water withdrawal of up to 3.450 mgd (peak day). 

Project Sponsor and Facility:  Shippensburg Borough Authority, Southampton Township, Cumberland County, Pa.  Application for renewal of groundwater withdrawal of up to 1.280 mgd (30-day average) from Well 1 (Docket No. 19900713). 

 

Commission Initiated Project Approval Modifications

Project Sponsor and Facility:  The Municipal Authority of the Borough of Berlin, Allegheny Township, Somerset County, Pa.  Conforming the grandfathering amount with the forthcoming determination for a groundwater withdrawal up to 0.030 mgd (30-day average) from Well 6 (Docket No. 19980702).

Project Sponsor and Facility:  Iron Masters Country Club, Bloomfield Township, Bedford County, Pa.  Conforming the grandfathering amount with the forthcoming determination for groundwater withdrawals up to 0.051 mgd (30-day average) from Well 10 and up to 0.061 mgd (30-day average) from Well 14 (Docket No. 20020813). 

Project Sponsor and Facility:  Sinking Valley Country Club, Tyrone Township, Blair County, Pa.  Conforming the grandfathering amount with the forthcoming determination for groundwater withdrawals up to 0.081 mgd (30-day average) from the 14th Fairway Well and up to 0.099 mgd (30-day average) from the 8th Tee Well (Docket No. 20020811).

 

Project Application Tabled

Project Sponsor:  Togg Mountain, LLC.  Project Facility:  Toggenburg Mountain Winter Sports Center (West Branch Tioughnioga Creek), Town of Fabius, Onondaga County, N.Y.  Modification to increase consumptive use (peak day) by an additional 0.505 mgd, for a total consumptive use of up to 0.990 mgd, and increase surface water withdrawal (peak day) by an additional 2.300 mgd, for a total surface water withdrawal of up to 4.500 mgd (Docket No. 20180911).

 

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

 

DATED:  September 22, 2020

JASON E. OYLER
General Counsel and Secretary to the Commission

[20-22-11]

 

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 5, 2020. Due to the COVID-19 situation and the relevant orders in place in the Commission’s member jurisdictions, the Commission will hold this hearing telephonically.  At this public hearing, the Commission will hear testimony on the projects listed in the Supplementary Information section of this notice.  Such projects and proposals are intended to be scheduled for Commission action at its next business meeting, tentatively scheduled for December 11, 2020, which will be noticed separately. The public should take note that this public hearing will be the only opportunity to offer oral comment to the Commission for the listed projects and proposals. The deadline for the submission of written comments is November 18, 2020.

 

DATES:  The public hearing will convene on November 5, 2020, 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 18, 2020.

 

ADDRESSES:  This hearing will be held by telephone rather than at a physical location.  Conference Call # 1-888-387-8686, the Conference Room Code # 9179686050.

 

FOR FURTHER INFORMATION CONTACT: Jason Oyler, General Counsel and Secretary to the Commission, 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://www.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:  Cabot Oil & Gas Corporation (Susquehanna River), Susquehanna Depot Borough, Susquehanna County, Pa.  Application for renewal of surface water withdrawal of up to 1.500 mgd (peak day) (Docket No. 20161202).

Project Sponsor and Facility:  Chesapeake Appalachia, L.L.C. (Towanda Creek), Monroe Borough and Monroe Township, Bradford County, Pa.  Application for surface water withdrawal of up to 1.500 mgd (peak day).

Project Sponsor and Facility:  Denver Borough, Borough of Denver, Lancaster County, Pa.  Application for renewal of groundwater withdrawal of up to 0.120 mgd (30-day average) from Well 4 (Docket No. 19960102).

Project Sponsor and Facility:  Elmira Water Board, City of Elmira, Chemung County, N.Y.  Application for renewal of groundwater withdrawals (30-day averages) of up to 0..958 mgd from Well PW-40, 1.656 mgd from Well PW-41, and 0.389 mgd from Well PW-42, for a total wellfield limit of 3.00 mgd (Docket No. 19901105).

Project Sponsor:  Goodyear Lake Hydro, LLC.  Project Facility:  Colliersville Hydroelectric Project, Town of Milford, Otsego County, N.Y.  Application for an existing hydroelectric facility.

Project Sponsor and Facility:  Hastings Municipal Authority, Elder Township, Cambria County, Pa.  Application for groundwater withdrawal of up to 0.260 mgd (30-day average) from Mine Spring No. 1 Well.

Project Sponsor:  Borough of Middletown.  Project Facility:  SUEZ/Middletown Water System, Middletown Borough, Dauphin County, Pa.  Application for renewal of groundwater withdrawal of up to 0.219 mgd (30-day average) from Well 5 (Docket No. 19890701), as well as recognizing historic withdrawals from Wells 1, 2, 3, and 4.

Project Sponsor:  New York State Office of Parks, Recreation and Historic Preservation.  Project Facility:  Indian Hills State Golf Course (Irrigation Pond), Towns of Erwin and Lindley, Steuben County, N.Y.  Applications for an existing surface water withdrawal of up to 0.940 mgd (peak day) and consumptive use of up to 0.850 mgd (peak day).

Project Sponsor and Facility:  Seneca Resources Company, LLC (Cowanesque River), Deerfield Township, Tioga County, Pa.  Application for renewal of surface water withdrawal of up to 0.999 mgd (peak day) (Docket No. 20161218-2).

 

Project Scheduled for Action Involving a Diversion

Project Sponsor:  JKLM Energy, LLC.  Project Facility:  Goodwin and Son’s Sand and Gravel Quarry, Roulette Township, Potter County, Pa.  Application for renewal of an into-basin diversion from the Ohio River Basin of up to 1.100 mgd (peak day) from the Goodwin and Son’s Sand and Gravel Quarry (Docket No. 20161221). 

 

 

Commission-Initiated Project Approval Modification:

Project Sponsor:  Lycoming County Recreation Authority.  Project Facility:  White Deer Golf Courses, Brady Township, Lycoming County, Pa.  Conforming the grandfathered amount with the forthcoming determination for a groundwater withdrawal of up to 0.169 mgd (30-day average) from Well 2 (Docket No. 20020806).

 

Opportunity to Appear and Comment:

Interested parties may call into the hearing to offer comments to the Commission on any business listed above required to be subject of a public hearing. Given the telephonic nature of the meeting, the Commission strongly encourages those members of the public wishing to provide oral comments to pre-register with the Commission by e-mailing Jason Oyler at joyler@srbc.net prior to the hearing date.  The presiding officer reserves the right to limit oral statements in the interest of time and to otherwise control the course of the hearing. Access to the hearing via telephone will begin at 2:15 p.m. 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 Mr. Jason Oyler, Secretary to the Commission, Susquehanna River Basin Commission, 4423 North Front Street, Harrisburg, Pa. 17110-1788, or submitted electronically through
https://www.srbc.net/regulatory/public-comment/.  Comments mailed or electronically submitted must be received by the Commission on or before November 18, 2020, to be considered.

 

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

 

DATED:  October 2, 2020

JASON E. OYLER
General Counsel and Secretary to the Commission

[20-22-19]

 

SUSQUEHANNA RIVER BASIN COMMISSION

Public Hearing

 

AGENCY:  Susquehanna River Basin Commission.

 

ACTION:  Supplement to Notice.

 

SUMMARY:  The Susquehanna River Basin Commission will hold a public hearing on November 5, 2020. Notice of that public hearing was published in the Federal Register on October 7, 2020.  In addition to the items listed in that October 7, 2020 Notice, the Commission wishes to supplement that Notice to include additional items.  The Commission will also hear testimony on a proposed Use of Lesser Quality Waters Policy as well as proposals to amend its Regulatory Program Fee Schedule.

                    Due to the COVID-19 situation and the relevant orders in place in the Commission’s member jurisdictions, the Commission will hold this hearing telephonically.  At this public hearing, the Commission will hear testimony on the projects listed in the October 7, 2020 Notice and the proposals in the Supplementary Information section of this notice.  Such projects and proposals are intended to be scheduled for Commission action at its next business meeting, tentatively scheduled for December 11, 2020, 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 proposals. The deadline for the submission of written comments is November 18, 2020. 

 

DATES:  The public hearing will convene on November 5, 2020, 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 18, 2020.

 

ADDRESSES:  This hearing will be held by telephone rather than at a physical location.  Conference Call # 1-888-387-8686, the Conference Room Code # 9179686050.

 

FOR FURTHER INFORMATION CONTACT:  Jason Oyler, General Counsel and Secretary to the Commission, telephone:  (717) 238-0423; fax:  (717) 238-2436.

                    Information concerning the proposals discussed in this Notice can be found at the Commission’s web site at www.srbc.net.  Additional supporting documents are available to inspect and copy in accordance with the Commission’s Access to Records Policy atwww.srbc.net/regulatory/policies-guidance/docs/access-to-records-policy-2009-02.pdf.

 

SUPPLEMENTARY INFORMATION: The Commission is proposing a new Use of Lesser Quality Waters Policy that would replace its current policy.  The Commission is also proposing changes to its Regulatory Program Fee Schedule, which it typically does on an annual basis.  This Notice supplements the October 7, 2020 Notice of Public Hearing and the projects listed in that Notice remain a part of the public hearing.

 

Opportunity to Appear and Comment:

Interested parties may call into the hearing to offer comments to the Commission on any business listed above required to be subject of a public hearing. Given the telephonic nature of the meeting, the Commission strongly encourages those members of the public wishing to provide oral comments to pre-register with the Commission by e-mailing Jason Oyler at joyler@srbc.net prior to the hearing date.  The presiding officer reserves the right to limit oral statements in the interest of time and to otherwise control the course of the hearing. Access to the hearing via telephone will begin at 2:15 p.m. 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 Mr. Jason Oyler, Secretary to the Commission, Susquehanna River Basin Commission, 4423 North Front Street, Harrisburg, Pa. 17110-1788, or submitted electronically through https://www.srbc.net/regulatory/public-comment/.  Comments mailed or electronically submitted must be received by the Commission on or before November 18, 2020, to be considered.

 

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

 

DATED:  October 15, 2020

JASON E. OYLER
General Counsel and Secretary to the Commission.

[20-22-26]

 

WATER AND SCIENCE ADMINISTRATION

Public Hearing Announcement 
Proposed Reissuance of Nationwide Permits with Regional Conditions — U.S. Army Corps of Engineers Nationwide Permits with Regional Conditions 
(SPN-20-62 Nationwide Permit Reissuance
)

 

The Water and Science Administration is reviewing the following request for a State Water Quality Certification, 20-WQC-0050, and Coastal Zone Consistency Determination concurrence.  Pursuant to COMAR 26.08.02, Regulation .10 Water Quality Certification, and 15 C.F.R. Section 930.42 Subpart C of the Coastal Zone Management Act, the Maryland Department of the Environment is required to give public notice of this application. Section 401 of the Clean Water Act requires the State of Maryland to issue a Water Quality Certification for any federally permitted project which may result in the discharge of dredged or fill material to waters or wetlands of the State. The purpose of the water quality certification is to advise the federal agency as to whether the permitted activity will or will not comply with Maryland’s water quality standards. The purpose of the consistency determination is to advise the federal agency as to whether the federal activity will be consistent with Maryland Enforceable Policies approved under Maryland’s Coastal Zone Management Program. The purpose of this public notice is to solicit comments from the public regarding the work described below and provide opportunity to request a public hearing.

 

Applicants:

Regulatory Branch

Baltimore District, U.S. Army Corps of Engineers

2 Hopkins Plaza, Baltimore, MD 21201

Regulatory Branch

Philadelphia District, U.S. Army Corps of Engineers

The Wanamaker Building

100 Penn Square East, Philadelphia, PA 19107-3390

 

Description:  On September 15, 2020, the U.S. Army Corps of Engineers published in the Federal Register its proposal to reissue the 52 existing nationwide permits (NWPs) and issue five new NWPs. 

Nationwide permits are general permits issued on a nationwide basis to streamline the authorization of activities that result in for discharges of dredged or fill material into Waters of the United States with no more than minimal individual and cumulative adverse environmental effects.  Many of the proposed NWPs require notification to the District Engineer before commencing those activities, to ensure that the activities authorized by those NWPs cause no more than minimal individual and cumulative adverse environmental effects. 

 

Location:  State of Maryland

The draft Nationwide Permits and draft regional conditions and associated documents may be viewed at the following link:

https://www.nab.usace.army.mil/Missions/Regulatory/Public-Notices/Public-Notice-View/Article/2364484/spn-20-62-nationwide-permit-reissueance-request-for-comments/

 

A virtual public hearing for only the proposed work in the draft Nationwide Permits and request for Water Quality Certification  and Coastal Consistency concurrence determination is planned to be held, if one is requested by the public during the open public comment period from October 23, 2020 – November 23, 2020 by 5:00 pm. To view the Departments Public Notice soliciting comments on this project, please visit the following link: https://mde.maryland.gov/programs/Water/WetlandsandWaterways/Pages/Nationwide-Permit-Reissuance.aspx.  The purpose of the hearing is to gather information and hear testimony to assist the Department in making a determination regarding a request for a Maryland Water Quality Certification and Coastal Zone Consistency Determination on the request detailed below. A hearing will not be held if one is not requested. Statements may be presented orally through the virtual platform during the hearing or in writing to the Maryland Department of the Environment, Wetlands and Waterways Program, Denise Clearwater, 1800 Washington Boulevard, Baltimore, MD, 21230 or by email denise.clearwater@maryland.gov, or Telephone No.(410) 537-3781.

 

The virtual public hearing is pre-scheduled for 6:00 p.m. on December 15, 2020. The pre-scheduled hearing will be cancelled if no hearing requests are received by 5 pm on November 23, 2020. Registering to view or participate in the hearing is not considered a request for the Department to hold a hearing.; please check the Department's website for updates on the hearing status at the following link:

https://mde.maryland.gov/programs/Water/WetlandsandWaterways/Pages/Nationwide-Permit-Reissuance.aspx

 

In order to view or participate in the hearing, a participant must register at

 

https://attendee.gotowebinar.com/register/8686206041216401932 

 

Directions will be electronically forwarded to the email provided. If internet service is not available, the participant may call 1-877-309-2071 and then enter access code 692-807-654  to hear the public hearing. Phone only participants will not have the ability to provide testimony during the hearing, however, statements may be provided to Denise Clearwater at the above contact information  All statements must be received by the Maryland Department of the Environment by 5:00 pm on December 8, 2020 to be read during the hearing. Statements  may not be longer than three minutes in length. Statements can be provided orally by participants during the hearing through the virtual platform. Associated materials can be accessed at the following link:

https://mde.maryland.gov/programs/Water/WetlandsandWaterways/Pages/Nationwide-Permit-Reissuance.aspx

 

[20-22-24]

 

WATER AND SCIENCE ADMINISTRATION

Tentative Determination to Issue Stormwater Permit
Anne Arundel County, Maryland
NO. 20-DP-3316, NPDES NO. MD0068306

 

The Maryland Department of the Environment, Water Science Administration (Department) has reached a tentative determination to issue a National Pollutant Discharge Elimination System permit to Anne Arundel County to Discharge from their Large Municipal Separate Storm Sewer Systems (Discharge Permit No. 20-DP-3316, NPDES No. MD0068306).  The Department has drafted a permit designed to comply with the United States Environmental Protection Agency’s (EPA) regulations and to control stormwater pollutant discharges into, though, or from the County’s storm sewer system.  The permit is issued for five years.

 

Under the conditions of the permit, Anne Arundel County is required to possess the legal authority to control storm sewer system pollutants, maintain its storm sewer system, monitor stormwater discharges, and develop and implement comprehensive management programs.  The permit also sets new requirements for impervious area treatment, property management and maintenance, and options for comprehensive water quality monitoring.  The County is also required to develop and implement plans to address wasteload allocations established under EPA approved or established total maximum daily loads.  Penalties for failure to comply with the terms of the permit are provided.

 

The draft permit, fact sheet, and more information on stormwater management in Maryland are available on the Department’s website at https://mde.maryland.gov/MS4.  Hard copies of the document may also be obtained directly from the Department at a cost of 36¢ per page.

 

Written comments concerning the tentative determination will be considered in the preparation of a final determination if submitted to the Department on or before January 21, 2021.  This comment period already incorporates the additional 60-day period provided in §1–606(d)(1)(ii) of the Environment Article. Comments should be directed to the Maryland Department of the Environment, Water and Science Administration, 1800 Washington Blvd., Ste. 440, Baltimore, MD 21230-1708, Attn: Raymond Bahr, Sediment, Stormwater, and Dam Safety Program, or email to Raymond.Bahr@Maryland.gov. 

 

The Department will hold a public hearing concerning this tentative determination on Tuesday, November 17, 2020.  The hearing will be conducted through an online webinar from 4:00 PM to 6:00 PM.  To participate online you must sign up via the registration link at https://mde.maryland.gov/MS4.  Alternatively, those who want to monitor the webinar hearing in listen-only mode via telephone can call 1-877-309-2071 with Access Code 473-144-187.

 

Due to the continuing threat to public health from COVID-19, the Department is urging all who wish to provide testimony do so by using the online webinar or in writing.  However, for a limited number who do not have internet access, an in-person session has been scheduled at the Red Maple Pavilion, Quiet Waters Park at 600 Quiet Waters Park Road, Annapolis, MD from 11:00 AM to 1:00 PM on November 17, 2020.  To allow the Department to prepare for the in-person session, participants should register by notifying the Department no later than 5:00 PM on Tuesday, November 3, 2020.  In-person participants may register by calling 410-537-3543 or by emailing your registration information to Stewart.Comstock@Maryland.gov. Required registration information includes the first and last name of the participant, mailing address, email address (if available), and a home and/or a mobile phone number.  To be allowed entrance, participants must follow current Maryland Health Department Guidance, public health protocols and CDC guidelines (including and not limited to social distancing and wearing of a facial covering that covers your nose and mouth).

 

Any questions regarding the proposed permit should be directed to Raymond Bahr at Raymond.Bahr@Maryland.gov or by telephone at 410-537-3543, between the hours of 8:00 AM and 5:00 PM, Monday through Friday.  Any hearing impaired person may request an interpreter at the hearing by contacting the Office of Fair Practices at 410-537-3964 at least ten working days prior to the scheduled hearing date.  TTY users should contact the Maryland Relay Service at 1-800-201-7165.

[20-22-27]

WATER AND SCIENCE ADMINISTRATION

Tentative Determination to Issue Stormwater Permit
Baltimore City, Maryland
NO. 20-DP-3315, NPDES NO. MD0068292

 

The Maryland Department of the Environment, Water Science Administration (Department) has reached a tentative determination to issue a National Pollutant Discharge Elimination System permit to Baltimore City to Discharge from their Large Municipal Separate Storm Sewer Systems (Discharge Permit No. 20-DP-3315, NPDES No. MD0068292).  The Department has drafted a permit designed to comply with the United States Environmental Protection Agency’s (EPA) regulations and to control stormwater pollutant discharges into, through, and from the City’s storm sewer system.  The permit is issued for five years.

 

Under the conditions of the permit, Baltimore City is required to possess the legal authority to control storm sewer system pollutants, maintain its storm sewer system, monitor stormwater discharges, and develop and implement comprehensive management programs.  The permit also sets new requirements for impervious area treatment, property management and maintenance, and options for comprehensive water quality monitoring.  The City is also required to develop and implement plans to address wasteload allocations established under EPA approved or established total maximum daily loads.  Penalties for failure to comply with the terms of the permit are provided.

 

The draft permit, fact sheet, and more information on stormwater management in Maryland are available on the Department’s website at https://mde.maryland.gov/MS4.  Hard copies of the document may also be obtained directly from the Department at a cost of 36¢ per page.

 

Written comments concerning the tentative determination will be considered in the preparation of a final determination if submitted to the Department on or before January 21, 2021.  This comment period already incorporates the additional 60-day period provided in §1–606(d)(1)(ii) of the Environment Article.  Comments should be directed to the Maryland Department of the Environment, Water and Science Administration, 1800 Washington Blvd., Ste. 440, Baltimore, MD 21230-1708, Attn: Raymond Bahr, Sediment, Stormwater, and Dam Safety Program, or email to Raymond.Bahr@Maryland.gov. 

 

The Department will hold a public hearing concerning this tentative determination on Friday, November 20, 2020.  The hearing will be conducted through an online webinar from 4:00 PM to 6:00 PM.  To participate online you must sign up via the registration link at https://mde.maryland.gov/MS4.  Alternatively, those who want to monitor the webinar hearing in listen-only mode via telephone can call 1-866-901-6455 with Access Code 980-900-163.

 

Due to the continuing threat to public health from COVID-19, the Department is urging all who wish to provide testimony do so by using the online webinar or through written testimony.  However, for a limited number who do not have internet access, an in-person session has been scheduled at the Department’s Aqua and Terra Conference Rooms at 1800 Washington Boulevard, Baltimore, MD from 10:00 AM to 12:00 PM on November 20, 2020.  To allow the Department to prepare for the in-person session, participants should register by notifying the Department no later than 5:00 PM on Tuesday, November 3, 2020.  Because of public health guidelines, space is limited, and in-person participants may register by calling 410-537-3543 or by emailing your registration information to Stewart.Comstock@Maryland.gov. Required registration information includes the first and last name of the participant, mailing address, email address (if available), and a home and/or a mobile phone number.  To be allowed entrance, participants must follow current Maryland Health Department Guidance, public health protocols and CDC guidelines (including and not limited to social distancing and wearing of a facial covering that covers your nose and mouth).

 

Any questions regarding the proposed permit should be directed to Raymond Bahr at Raymond.Bahr@Maryland.gov or by telephone at 410-537-3543, between the hours of 8:00 AM and 5:00 PM, Monday through Friday.  Any hearing impaired person may request an interpreter at the hearing by contacting the Office of Fair Practices at 410-537-3964 at least ten working days prior to the scheduled hearing date.  TTY users should contact the Maryland Relay Service at 1-800-201-7165.

[20-22-28]

 

WATER AND SCIENCE ADMINISTRATION

Tentative Determination to Issue Stormwater Permit
Baltimore County, Maryland
NO. 20-DP-3317, NPDES NO. MD0068314

 

The Maryland Department of the Environment, Water Science Administration (Department) has reached a tentative determination to issue a National Pollutant Discharge Elimination System permit to Baltimore County to Discharge from their Large Municipal Separate Storm Sewer Systems (Discharge Permit No. 20-DP-3317, NPDES No. MD0068314).  The Department has drafted a permit designed to comply with the United States Environmental Protection Agency’s (EPA) regulations and to control stormwater pollutant discharges into, through, and from the County’s storm sewer system.  The permit is issued for five years.

 

Under the conditions of the permit, Baltimore County is required to possess the legal authority to control storm sewer system pollutants, maintain its storm sewer system, monitor stormwater discharges, and develop and implement comprehensive management programs.  The permit also sets new requirements for impervious area treatment, property management and maintenance, and options for comprehensive water quality monitoring.  The County is also required to develop and implement plans to address wasteload allocations established under EPA approved or established total maximum daily loads.  Penalties for failure to comply with the terms of the permit are provided.

 

The draft permit, fact sheet, and more information on stormwater management in Maryland are available on the Department’s website at https://mde.maryland.gov/MS4.  Hard copies of the document also may be obtained directly from the Department at a cost of 36¢ per page.

 

Written comments concerning the tentative determination will be considered in the preparation of a final determination if submitted to the Department on or before January 21, 2021.  This comment period already incorporates the additional 60-day period provided in §1–606(d)(1)(ii) of the Environment Article.  Comments should be directed to the Maryland Department of the Environment, Water and Science Administration, 1800 Washington Blvd., Ste. 440, Baltimore, MD 21230-1708, Attn: Raymond Bahr, Sediment, Stormwater, and Dam Safety Program, or email to Raymond.Bahr@Maryland.gov. 

The Department will hold a public hearing concerning this tentative determination on Thursday, November 19, 2020.  The hearing will be conducted through an online webinar from 4:00 PM to 6:00 PM.  To participate online you must sign up via the registration link at https://mde.maryland.gov/MS4.  Alternatively, those who want to monitor the webinar hearing in listen-only mode via telephone can call 1-866-952-8437 with Access Code 340-949-227.

 

Due to the continuing threat to public health from COVID-19, the Department is urging all who wish to provide testimony do so by using the online webinar or in writing.  However, for a limited number who do not have internet access, an in-person session has been scheduled at [the Patapsco Valley State Park - Hilton Area at 1101 Hilton Avenue, Catonsville, MD from 11:00 AM to 1:00 PM on November 19, 2020.  To allow the Department to prepare for the in-person session, participants should register by notifying the Department no later than 5:00 PM on Tuesday, November 3, 2020.  In-person participants may register by calling 410-537-3543 or by emailing your registration information to Stewart.Comstock@Maryland.gov.  Required registration information includes the first and last name of the participant, mailing address, email address (if available), and a home and/or a mobile phone number.  To be allowed entrance, participants must follow current Maryland Health Department Guidance, public health protocols and CDC guidelines (including and not limited to social distancing and wearing of a facial covering that covers your nose and mouth).

 

Any questions regarding the proposed permit should be directed to Raymond Bahr at Raymond.Bahr@Maryland.gov or by telephone at 410-537-3543, between the hours of 8:00 AM and 5:00 PM, Monday through Friday.  Any hearing impaired person may request an interpreter at the hearing by contacting the Office of Fair Practices at 410-537-3964 at least ten working days prior to the scheduled hearing date.  TTY users should contact the Maryland Relay Service at 1-800-201-7165.

[20-22-29]

 

WATER AND SCIENCE ADMINISTRATION

Tentative Determination to Issue Stormwater Permit
Montgomery County, Maryland
NO. 20-DP-3320, NPDES NO. MD0068349

 

The Maryland Department of the Environment, Water Science Administration (Department) has reached a tentative determination to issue a National Pollutant Discharge Elimination System permit to Montgomery County to Discharge from their Large Municipal Separate Storm Sewer Systems (Discharge Permit No. 20-DP-3320, NPDES No. MD0068349).  The Department has drafted a permit designed to comply with the United States Environmental Protection Agency’s (EPA) regulations and to control stormwater pollutant discharges into, through, and from the County’s storm sewer system. The permit is issued for five years.

 

Under the conditions of the permit, Montgomery County is required to possess the legal authority to control storm sewer system pollutants, maintain its storm sewer system, monitor stormwater discharges, and develop and implement comprehensive management programs.  The permit also sets new requirements for impervious area treatment, property management and maintenance, and options for comprehensive water quality monitoring.  The County is also required to develop and implement plans to address wasteload allocations established under EPA approved or established total maximum daily loads.  Penalties for failure to comply with the terms of the permit are provided.

 

The draft permit, fact sheet, and more information on stormwater management in Maryland are available on the Department’s website at https://mde.maryland.gov/MS4.  Hard copies of the document also may be obtained directly from the Department at a cost of 36¢ per page.

 

Written comments concerning the tentative determination will be considered in the preparation of a final determination if submitted to the Department on or before January 21, 2021.  This comment period already incorporates the additional 60-day period provided in §1–606(d)(1)(ii) of the Environment Article.  Comments should be directed to the Maryland Department of the Environment, Water and Science Administration, 1800 Washington Blvd., Ste. 440, Baltimore, MD 21230-1708, Attn: Raymond Bahr, Sediment, Stormwater, and Dam Safety Program, or email to Raymond.Bahr@Maryland.gov.  

 

The Department will hold a public hearing concerning this tentative determination on Monday, November 16, 2020.  The hearing will be conducted through an online webinar from 4:00 PM to 6:00 PM.  To participate online you must sign up via the registration link at https://mde.maryland.gov/MS4.  Alternatively, those who want to monitor the webinar hearing in listen-only mode via telephone can call 1-866-901-6455 with Access Code 253-024-627. 

 

Due to the continuing threat to public health from COVID-19, the Department is urging all who wish to provide testimony do so by using the online webinar.  However, for a limited number who do not have internet access, an in-person session has been scheduled at the Olney Manor Recreational Park, 16601 Georgia Avenue, Olney, MD from 11:00 AM to 1:00 PM on November 16, 2020.  To allow the Department to prepare for the in-person session, participants should register by notifying the Department no later than 5:00 PM on Tuesday, November 3, 2020.  In-person participants may register by calling 410-537-3543 or by emailing your registration information to Stewart.Comstock@Maryland.gov.  Required registration information includes the first and last name of the participant, mailing address, email address (if available), and a home and/or a mobile phone number.  To be allowed entrance, participants must follow current Maryland Health Department Guidance, public health protocols and CDC guidelines (including and not limited to social distancing and wearing of a facial covering that covers your nose and mouth).

 

Any questions regarding the proposed permit should be directed to Raymond Bahr at Raymond.Bahr@Maryland.gov or by telephone at 410-537-3543, between the hours of 8:00 AM and 5:00 PM, Monday through Friday.  Any hearing impaired person may request an interpreter at the hearing by contacting the Office of Fair Practices at 410-537-3964 at least ten working days prior to the scheduled hearing date.  TTY users should contact the Maryland Relay Service at 1-800-201-7165.

[20-22-30]

 

DEPARTMENT OF NATURAL RESOURCES

FISHING AND BOATING SERVICES — PUBLIC NOTICE

Commercial Striped Bass Common Pool Hook and Line Fishery Modifications — Effective 10/6/2020

 

WHAT THIS NOTICE DOES

The Secretary of the Maryland Department of Natural Resources announces modifications to the commercial striped bass common pool hook and line fishery. Effective 12:01 a.m. Tuesday, October 6, 2020:

               The season is open October 6, 2020 through October 7, 2020.

               The catch limit is 200 lbs/permittee/week and 400 lbs/vessel/day.

               The catch times remain one hour before sunrise through 1 hour before sunset.

 

WHY THIS IS NECESSARY

This action is necessary to implement the Atlantic States Marine Fisheries Commission’s Interstate Fishery Management Plan for Atlantic Striped Bass.

 

WHOM THIS NOTICE AFFECTS

This applies to all individuals who are permitted to participate in the commercial striped bass common pool hook and line fishery in the Chesapeake Bay.

 

AUTHORITY

Code of Maryland Regulations (COMAR) 08.02.15.12

 

FOR FURTHER INFORMATION CONTACT

Fishing and Boating Services at 410-260-8293

JEANNIE HADDAWAY-RICCIO
Secretary of Natural Resources

[20-22-18]

 

 

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.


 

CHESAPEAKE BAY TRUST

Subject: Public Meeting

Date and Time: November 18, 2020, 3 — 6 p.m.

Place: Virtual meeting — please see details below

Add’l. Info: Please call Sarah Higgins for link to conference call. 410-974-2941 x113.

Contact: Sarah Higgins (410) 974-2941 x113

[20-22-04]

 

STATE COLLECTION AGENCY LICENSING BOARD

Subject: Public Meeting:

Date and Time: November 16, 2020, 2 — 3 p.m.

Place: Via videoconference — please see details below

Add’l. Info: In response to Governor Hogan’s Executive Order Number 20-03-30-01 (Stay-at-Home Order) and other applicable emergency orders, this meeting will be held via videoconference. Directions for access will be provided on the State Collection Agency Licensing Board website, http://www.labor.maryland.gov/finance/collagboard.shtml, prior to the meeting.

Contact: Devki Dave (410) 230-6019

[20-22-34]

 

COMPTROLLER OF THE TREASURY

Subject: Notice of Interest Rate on Refunds and Moneys Owed to the State

Add’l. Info: Pursuant to Tax-General Article, §13-604, Annotated Code of Maryland, the Comptroller is required to set the annual interest rate for the next calendar year on refunds and moneys owed to the State at the percent that equals the greater of 10 percent, or 3 percentage points above the average prime rate of interest quoted by commercial banks to large businesses during the State’s previous fiscal year, based on a determination by the Board of Governors of the Federal Reserve Bank.

Based on the interest rates charged businesses by large commercial banks published by the Board of Governors of the Federal Reserve System we calculate the average monthly rate to be 4 percent. Adding three percentage points, as required by the statute, the rate is 7 percent. The interest rate for calendar year 2021 will, therefore, be 10 percent on refunds and moneys owed to the State, which is the minimum rate under Maryland law.

Contact: Sharonne Bonardi (410) 260-7806

[20-22-14]

 

COMMISSION ON CRIMINAL SENTENCING POLICY

Subject: Public Hearing

Date and Time: December 8, 2020, 5 — 6:15 p.m.

Place: Via videoconference — please see details below

Add’l. Info: Members of the public are invited to address the Commission with their concerns about sentencing policy issues in Maryland. Due to the COVID-19 pandemic, this year’s public comments hearing will be conducted via videoconference. To accommodate all who wish to participate in the meeting, the Commission requests that each speaker limit his or her comments to 5 minutes. All who are interested in speaking are asked to register via the link posted on the Commission website at:

                    http://msccsp.org/About/Meetings.aspx.

Instructions for participation in the videoconference will be provided upon registration approval.

All registered participants are asked to submit written testimony by December 5, 2020. Please submit written testimony to David Soulé, Executive Director of the Commission, at dsoule@umd.edu.

Registration is necessary only for those who wish to speak at the public hearing. Those who wish to simply observe may view the livestream via the MSCCSP YouTube channel at:

https://www.youtube.com/watch?v=msTb1c4ugi0.

Contact: David Soule (301) 403-4165

[20-22-21]

 

COMMISSION ON CRIMINAL SENTENCING POLICY

Subject: Public Meeting

Date and Time: December 8, 2020, 6:30 p.m.

Place: Via videoconference — please see details below, MD

Add’l. Info: Due to the ongoing COVID-19 pandemic, the MSCCSP will meet via videoconference. A livestream link will be made available to the public at:

                    http://msccsp.org/About/Meetings.aspx.                 This business meeting will start immediately after the conclusion of the MSCCSP public comments hearing and may start prior to 6:30 p.m. if the public hearing does not require the entire allotted time.

Contact: David Soule (301) 403-4165

[20-22-22]

 

BOARD OF DIETETIC PRACTICE

Subject: Public Meeting

Date and Time: November 19, 2020, 10 a.m. — 12 p.m.

Place: Virtual meeting, 4201 Patterson Ave., Rm. 312, Baltimore, MD

Contact: Lenelle Cooper (410) 764-4733

[20-22-17]

 

DEPARTMENT OF THE ENVIRONMENT/LAND AND MATERIALS ADMINISTRATION

Subject: Public Meeting

Date and Time: November 13, 2020, 9:30 a.m. — 12 p.m.

Place: Virtual meeting hosted, through an online application, by the Maryland Department of the Environment (MDE). Details on how to participate will be posted on the MDE website within 15 days of the meeting., Baltimore, MD

Add’l. Info: MDE has scheduled a meeting of the Controlled Hazardous Substance Advisory Council (the Council). The main purpose of the meeting is for MDE to discuss with the Council planned modifications to Title 26, Subtitle 13, of the Code of Maryland Regulations (COMAR 26.13), Disposal of Controlled Hazardous Substances. The principal change would be the incorporation of requirements from the U.S. Environmental

Protection Agency’s Hazardous Waste Generator Improvements Rule.

Details on how to join the meeting will be posted on MDE’s webpage for “Land Regulations Public Hearings, Meetings and Request for Comments” at:

https://mde.maryland.gov/programs/Regulations/land/Pages/reqcomments.aspx.

The meeting is being held virtually rather that in-person in order to minimize risks associated with the current public health emergency.

The draft agenda for the meeting is as follows:

1. Introductions

2. Approval of minutes of previous meeting

3. Discussion of planned changes to COMAR 26.13

Questions regarding the meeting may be directed to Edward Hammerberg at ed.hammerberg@maryland.gov.

Contact: Edward Hammerberg (410) 537-3356

[20-22-25]

 

MARYLAND DEPARTMENT OF HEALTH

Subject: Public Hearing

Date and Time: November 5, 2020, 9 a.m. — 1 p.m.

Place: Via webinar — please see details below

Add’l. Info: Due to the State of Emergency as a result of the 2019 Novel Coronavirus (COVID-19) Pandemic, please be advised that the November 5, 2020 P & T (Pharmacy and Therapeutics) Committee meeting will be conducted virtually by way of a webinar.

As soon as available, classes of drugs to be reviewed, speaker registration guidelines and procedure to register to attend the virtual meeting will be posted on the Maryland Pharmacy Program website at:

                    https://mmcp.health.maryland.gov/pap/Pages/Public-Meeting-Announcement-and-Procedures-for-Public-Testimony.aspx

Submit questions to:

mdh.marylandpdlquestions@maryland.gov

Contact: Shawn Singh (410) 767-6896

[20-22-07]

 

MARYLAND DEPARTMENT OF HEALTH

Subject: Call for Nominations for DUR Board

Add’l. Info: The implementation of the Omnibus Budget Reconciliation Act of 1990 (OBRA 90), §1927g(3), requires that the Maryland Department of Health (MDH) establish a Medicaid DUR Board. The DUR Board is composed of licensed and actively practicing physicians and pharmacists in Maryland and has been in operation since November 1992. The activities of the DUR Board include but are not limited to:

• Reviewing prospective and retrospective DUR criteria, prior authorization criteria and quantity or dosage form limitations developed by the Division of Clinical Pharmacy Services or by contracted vendors.

• The use of criteria and interventions, including assessing the operational effect of the criteria and interventions, in order to identify areas of prescribing and dispensing of specific drugs that may result in adverse participant outcomes.

• Evaluating participant drug utilization that may represent potential fraud and abuse and making disposition recommendations.

• Identifying educational needs and developing educational plans to improve prescribing or dispensing practices, and evaluating the effect of these educational interventions.

• Advising the Office of Pharmacy Services (OPS) in the area of enrollment of participants into the Corrective Managed Care (CMC) Program through the DUR Board’s CMC Advisory Committee. This subcommittee of the DUR Board develops Corrective Managed Care enrollment recommendations by considering the Lock-In Criteria for participants (as defined by the CMC Advisory Committee Policy and Procedures).

The DUR Board meets quarterly for 3—4 hours in the Baltimore area. Meetings are normally scheduled on the first Thursday morning of the months of March, June, September, and December. Members are appointed by the Secretary of MDH and serve terms of 3 years from the date of their appointment with the option to serve an additional 3-year term.

The membership of the Maryland DUR Board includes health care professionals who have recognized knowledge and expertise in one or more of the following areas:

(1) The clinically appropriate prescribing of outpatient drugs.

(2) The clinically appropriate dispensing and monitoring of outpatient drugs.

(3) Drug use review, evaluation, and intervention.

(4) Medical quality assurance.

All interested applicants are required to submit a formal application through the MDH Office of Appointments and Executive Nominations application link at https://forms.health.maryland.gov/.

Applications must be submitted no later than Friday, October 30, 2020.

Any additional questions regarding applications may be addressed to Gina Homer at the Office of Pharmacy Services (gina.homer@maryland.gov) or call 410-767-1749.

Contact: Gina Homer (410) 767-1749

[20-22-10]

 

MARYLAND DEPARTMENT OF HEALTH/ MARYLAND LOAN ASSISTANCE REPAYMENT PROGRAM FOR PHYSICIANS AND PHYSICIAN ASSISTANTS WORKGROUP

Subject: Public Meeting

Date and Time: October 28, 2020, 9 a.m.

Place: The meeting will be held virtually; please see details below.

Add’l. Info: This is a virtual meeting to be held via Google Meet. Log-in at meet.google.com/hob-npow-vsp. The call-in phone number is ‪+1 70-771-3065; PIN: ‪400 828 104#. A portion of this meeting may be held in closed session. Future meetings and announcements will be posted via the Workgroup webpage: https://pophealth.health.maryland.gov/Pages/MLARP-for-Physicians-and-Physician-Assistants-Workgroup0909-7173.aspx.

Contact: Sara Seitz (410) 767-4467

[20-22-20]

 

MARYLAND DEPARTMENT OF HEALTH/OFFICE OF HEALTH SERVICES

Subject: Second Public Notice for Maryland’s State Plan Amendment for Targeted Case Management Services for Certain Medicaid Programs Operated by the Developmental Disabilities Administration (DDA)

Add’l. Info: The Maryland Department of Health is amending the State Plan to include certification requirements and establish a geographic differential rate for targeted case management (TCM) services offered under certain Medicaid programs that are operated by the DDA. This rate will be applicable to TCM agencies that serve people residing in Calvert, Charles, Frederick, Montgomery, and Prince George’s counties. For dates of service beginning October 1, 2020, the Maryland Medical Assistance reimbursement rate will be $21.82 per 15-minute billing unit for DDA TCM providers serving participants in those counties in Fiscal Year 2021 (July 1, 2020 — June 30, 2021). This is an increase of 5.3 percent over the standard rate of $20.72 per 15-minute billing unit. The annual cost is estimated to be $1,267,613 (53 percent State General Funds and 47 percent Federal Funds).

The first public notice for this SPA printed on August 28, 2020. No written comments were received regarding the proposed changes. For more information on this notice, please contact Katia Fortune, MDH Medicaid Provider Services, at (410) 767-4267 or katia.fortune@maryland.gov.

Contact: Katia Fortune (410) 767-4267

[20-22-15]

 

MARYLAND STATE LOTTERY AND GAMING CONTROL COMMISSION

Subject: Public Meeting

Date and Time: November 19, 2020, 10 a.m. — 12 p.m.

Place: Via live stream audio — please see details below

Add’l. Info: Due to COVID, the meeting will be held via live stream available on the lottery gaming website:

                    https://www.mdgaming.com/commission/meeting-minutes-documents/

Contact: Kathy Lingo (410) 230-8790

[20-22-16]

 

MARYLAND HEALTH CARE COMMISSION

Subject: Public Meeting

Date and Time: November 19, 2020, 1 — 4 p.m.

Place: Virtual meeting — please see details below

Add’l. Info: This is a virtual meeting held via GoToMeeting. Please register at www.mhcc.Maryland.gov under Meeting Schedule.

Contact: Valerie Wooding (410) 764-3570

[20-22-06]

 

BOARD OF OCCUPATIONAL THERAPY PRACTICE

Subject: Public Meeting

Date and Time: November 20, 2020, 9 a.m. — 12 p.m.

Place: Via Google Meet — please call the number below for more details

Add’l. Info: Health Occupations Article, Title 10, Annotated Code of Maryland, and COMAR 10.46 amendments, additions, and revisions, including fee changes, may be discussed/voted on. Budget information may also be discussed. It may be necessary to go into executive session. Sign language interpreters and/or appropriate accommodations for qualified individuals with disabilities will be provided upon request. Please call 1-800-735-2255.

Contact: Lauren Murray (410) 402-8556

[20-22-09]

 

BOARD OF WATERWORKS AND WASTE SYSTEMS OPERATORS

Subject: Public Meeting

Date and Time: November 19, 2020, 10 a.m. — 2 p.m.

Place: Howard County Bureau of Utilities, 8250 Old Montgomery Rd., Columbia, MD

Add’l. Info: A portion of this meeting may be held in closed session.

Contact: Dee Settar (410) 537-4162

[20-22-03]

 

BOARD OF WELL DRILLERS

Subject: Public Meeting

Date and Time: October 28, 2020, 9 a.m. — 1 p.m.

Place: Maryland Dept. of the Environment, 1800 Washington Blvd., Baltimore, MD

Contact: Dee Settar (410) 537-4162

[20-22-01]

 

BOARD OF WELL DRILLERS

Subject: Public Meeting

Date and Time: November 18, 2020, 9 a.m. — 1 p.m.

Place: Maryland Dept. of the Environment, 1800 Washington Blvd., Baltimore, MD

Add’l. Info: A portion of this meeting may be held in closed session.

Contact: Dee Settar (410) 537-4162

[20-22-02]

 

WORKERS’ COMPENSATION COMMISSION

Subject: Public Meeting

Date and Time: November 12, 2020, 9:30 — 10:30 a.m.

Place: 10 E. Baltimore St., Baltimore, MD

Add’l. Info: Portions of this meeting may be held in closed session.

Contact: Amy S. Lackington (410) 864-5300

[20-22-05]