Capitol Building Maryland Register

Issue Date: December 18, 2020

Volume 47 •  Issue 26  • Pages 1087 —1128

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Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before November 30, 2020 5 p.m.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 November 30, 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 ...................................................................  1090

 

COMAR Research Aids

Table of Pending Proposals .........................................................  1091

 

Index of COMAR Titles Affected in This Issue

COMAR Title Number and Name                                                  Page

08        Department of Natural Resources ...................................  1107

09        Maryland Department of Labor .............................  1107, 1110

13A     State Board of Education .................................................  1109

14        Independent Agencies .....................................................  1112

16        Department of Juvenile Services ...................................... 1114

21        State Procurement Regulations .......................................  1108

22        State Retirement and Pension System .............................  1106

27        Critical Area Commission for the Chesapeake and Atlantic Coastal Bays 1115

31        Maryland Insurance Administration ................................  1108

33        State Board of Elections ..................................................  1108

 

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 20-11-10-01 — Amending and Restating the
   Order of October 16, 2020, Allowing Reopening of Certain
   Businesses and Facilities, Subject to Local Regulation, and
   Generally Requiring Use of Face Coverings .  1093

NUMBER 20-11-17-01 — Amending and Restating the
   Order of November 10, 2020, Regulating Certain
   Businesses and Facilities and Generally Requiring Use of
   Face Coverings .  1097

NUMBER 20-11-17-02 — Establishing Alternate Care Sites
   and Authorizing Regulation of Patient Care Space in Health
   Care Facilities .  1101

NUMBER 20-11-17-03 — Implementing Alternative
   Correctional Detention and Supervision .  1102

PROCLAMATION

Renewal of Declaration of State of Emergency and Existence
   of Catastrophic Health Emergency — COVID-19
.  1103

 

The Judiciary

COURT OF APPEALS OF MARYLAND

DISCIPLINARY PROCEEDINGS ................................  1105

 

Emergency Action on Regulations

22  STATE RETIREMENT AND PENSION SYSTEM

BOARD OF TRUSTEES

Election of Trustees .  1106

 

Final Action on Regulations

08  DEPARTMENT OF NATURAL RESOURCES

FISHERIES SERVICE

Fishing Guide Provisions .  1107

09  MARYLAND DEPARTMENT OF LABOR

RACING COMMISSION

Thoroughbred Rules .  1107

Prohibited Acts .  1107

REAL ESTATE COMMISSION

Residential Property Disclosure/Disclaimer Statement  1107

21  STATE PROCUREMENT REGULATIONS

SOCIOECONOMIC POLICIES

State Apprenticeship Training Fund—Capital Construction
   Projects .  1108

Veteran-Owned Small Business Enterprises .  1108

American-Manufactured Goods and Services —
   Preference ..............................................................................  1108

31  MARYLAND INSURANCE ADMINISTRATION

GENERAL PROVISIONS

Emergency Powers .  1108

33  STATE BOARD OF ELECTIONS

SAME DAY REGISTRATION AND ADDRESS CHANGES

Public Notice .  1108

 

Withdrawal of Regulations

13A STATE BOARD OF EDUCATION

GENERAL INSTRUCTIONAL PROGRAMS

Graduation Requirements for Public High Schools in
   Maryland ...............................................................................  1109

 

Proposed Action on Regulations

09  MARYLAND DEPARTMENT OF LABOR

BOARD OF COSMETOLOGISTS

General Regulations .  1110

WORKFORCE DEVELOPMENT AND ADULT LEARNING

Grant Programs for the Law Enforcement Cadet
   Apprenticeship Program and the Apprenticeship Career
   Training Pilot Program for Formerly Incarcerated
   Individuals .  1111

14  INDEPENDENT AGENCIES

MARYLAND TECHNOLOGY DEVELOPMENT
   CORPORATION

Definitions ................................................................................  1112

Investment Programs .  1112

Maryland Venture Fund .  1112

Investment Committee .  1112

Stem Cell Research Commission .  1112

16  DEPARTMENT OF JUVENILE SERVICES

FIELD SERVICES

Probation and Aftercare Services and Procedures .  1114

27  CRITICAL AREA COMMISSION FOR THE
   CHESAPEAKE AND ATLANTIC COASTAL BAYS

CRITERIA FOR LOCAL CRITICAL AREA PROGRAM
   DEVELOPMENT

General Provisions .  1115

Development in the Critical Area .  1115

Habitat Protection Areas in the Critical Area .  1115

Renewable Energy Generating Systems .  1115

DEVELOPMENT IN THE CRITICAL AREA RESULTING
    FROM STATE AND LOCAL AGENCY PROGRAMS

General Provisions ...................................................................  1115

State or Local Agency Actions Resulting in Major
   Development on Private Lands or Lands Owned by
   Local Jurisdictions ................................................................  1115

State Agency Actions Resulting in Development on State-
   Owned Lands .  1115

Commission Review, Decision Process, and Time
   Frames .  1115

Appeals .....................................................................................  1115

 

Special Documents

MARYLAND DEPARTMENT OF HEALTH/OFFICE OF
   HEALTH SERVICES

MARYLAND MEDICAID ENTERAL SUPPLIES
    REIMBURSEMENT
..................................................  1122

MARYLAND HEALTH CARE COMMISSION

AVERAGE ANNUAL CHRONIC HOSPITAL
   OCCUPANCY RATES BY JURISDICTION AND
   FACILITY: MARYLAND, FISCAL YEARS 2018
   — 2020
.........................................................................  1123

USE OF SPECIAL HOSPITAL CHRONIC BEDS:
   MARYLAND, FY 2020
..............................................  1124

DEPARTMENT OF NATURAL RESOURCES

FISHING AND BOATING SERVICES — PUBLIC
   NOTICE

Commercial Cobia Season — Effective 11/12/2020 .............  1125

Commercial Striped Bass Chesapeake Bay Individual
   Transferrable Quota Season Modification — Effective
   12/1/2020 ..........................................................................  1125

Commercial Striped Bass Common Pool Gill Net Fishery
   Modifications — Effective 12/8/2020 .  1125

 

General Notices

MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS

Trauma and Specialty Referral Centers That Have Requested
   Reverification of Designation Status ....................................  1126

MARYLAND HEALTH CARE COMMISSION

Public Meeting .  1126

Receipt of Application .  1126

Notice of Project Change .  1126

MARYLAND DEPARTMENT OF TRANSPORTATION

Public Hearing .  1126

DEPARTMENT OF VETERANS AFFAIRS/MARYLAND
   VETERANS COMMISSION

Public Meeting .  1127

WORKERS’ COMPENSATION COMMISSION

Public Meeting .  1127

 

 

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.

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.

 


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

 

08.02.01.12 • 47:25 Md. R. 1068 (12-4-20)

08.02.15.04 • 47:25 Md. R. 1071 (12-4-20)

08.02.15.07 • 47:25 Md. R. 1072 (12-4-20)

08.02.25.03 • 47:25 Md. R. 1074 (12-4-20)

08.03.08.01,.04—.09 • 47:23 Md. R. 980 (11-6-20)

 

09 MARYLAND DEPARTMENT OF LABOR

 

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

09.10.03.01-1 • 47:25 Md. R. 1075 (12-4-20)

09.12.31 • 47:25 Md. R. 1076 (12-4-20)

                 47:25 Md. R. 1076 (12-4-20)

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

09.22.01.11 • 47:26 Md. R. 1110 (12-18-20)

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

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

09.37.03.01—.09 • 47:26 Md. R. 1111 (12-18-20)

 

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)

 

10.09.03.07 • 47:23 Md. R. 983 (11-6-20)

10.09.04.01,.03—.07 • 47:23 Md. R. 984 (11-6-20)

10.09.21.06 • 47:23 Md. R. 986 (11-6-20)

10.09.36.01,.08,.09 • 47:24 Md. R. 1035 (11-20-20)

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

10.09.77.06 • 47:23 Md. R. 986 (11-6-20)

 

     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 23—36 (4th volume)

 

10.27.01.01,.05,.10 • 47:23 Md. R. 987 (11-6-20)

10.27.03.01—.03,.05,.08,.09,.11—.18 • 47:23 Md. R. 988 (11-6-20)

 

     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)

10.58.01.01—.10 • 47:23 Md. R. 993 (11-6-20)

10.58.07.02—.16 • 47:24 Md. R. 1036 (11-20-20)

10.58.12.01—.10 • 47:23 Md. R. 993 (11-6-20)

10.58.13.01—.08 • 47:24 Md. R. 1036 (11-20-20)

10.58.14.01—.08 • 47:24 Md. R. 1036 (11-20-20)

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)

10.64.02.01—.03 • 47:23 Md. R. 1002 (11-6-20)

10.67.04.03 • 47:23 Md. R. 1004 (11-6-20)

 

11 DEPARTMENT OF TRANSPORTATION

 

     Subtitles 01—10

 

11.04.17.04 • 47:25 Md. R. 1077 (12-4-20)

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

 

     Subtitles 11—23 (MVA)

 

11.15.38.01—.03 • 47:25 Md. R. 1078 (12-4-20)

 

12 DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

 

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

 

13B MARYLAND HIGHER EDUCATION COMMISSION

 

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

 

14 INDEPENDENT AGENCIES

 

14.04.01.01 • 47:26 Md. R. 1112 (12-18-20)

14.04.02.05 • 47:26 Md. R. 1112 (12-18-20)

14.04.06.05 • 47:26 Md. R. 1112 (12-18-20)

14.04.07.04 • 47:26 Md. R. 1112 (12-18-20)

14.04.08.03,.05 • 47:26 Md. R. 1112 (12-18-20)

14.22.01.02,.09,.10,.14 • 47:23 Md. R. 1005 (11-6-20)

14.38.01.04 • 47:23 Md. R. 1006 (11-6-20)

 

15 MARYLAND DEPARTMENT OF AGRICULTURE

 

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

 

16 DEPARTMENT OF JUVENILE SERVICES

 

16.16.01.03 • 47:26 Md. R. 1114 (12-18-20)

 

22 STATE RETIREMENT AND PENSION SYSTEM

 

22.02.01.01,.03—.05 • 47:24 Md. R. 1050 (11-20-20)

 

26 DEPARTMENT OF THE ENVIRONMENT

 

     Subtitles 08—12 (Part 2)

 

26.08.03.01 • 47:25 Md. R. 1079 (12-4-20)

26.12.01.01 • 47:25 Md. R. 1079 (12-4-20) (ibr)

26.12.02.02 • 47:25 Md. R. 1079 (12-4-20)

 

     Subtitles 13 — 18 (Part 3)

 

26.17.04.05 • 47:24 Md. R. 1053 (11-20-20)

 

27 CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS

 

27.01.01.01 • 47:26 Md. R. 1115 (12-18-20)

27.01.02.05 • 47:26 Md. R. 1115 (12-18-20)

27.01.09.01 • 47:26 Md. R. 1115 (12-18-20)

27.01.14.01—.07 • 47:26 Md. R. 1115 (12-18-20)

27.02.01.01 • 47:26 Md. R. 1115 (12-18-20)

27.02.04.01,.02 • 47:26 Md. R. 1115 (12-18-20)

27.02.05.02,.03-3,.15—.15-3 • 47:26 Md. R. 1115 (12-18-20)

27.02.07.02 • 47:26 Md. R. 1115 (12-18-20)

27.02.08.02 • 47:26 Md. R. 1115 (12-18-20)

 

28 OFFICE OF ADMINISTRATIVE HEARINGS

 

28.02.01.02—.05,.10,.11,.13,.14,.16,.18—.21,
     .23
• 47:25 Md. R. 1081 (12-4-20)

 

30 MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)

 

30.03.06.01,.02 • 47:25 Md. R. 1083 (12-4-20)

 

31 MARYLAND INSURANCE ADMINISTRATION

 

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

 

33 STATE BOARD OF ELECTIONS

 

33.17.06.05 • 47:24 Md. R. 1054 (11-20-20)

 

The Governor

ORDER OF THE GOVERNOR OF THE STATE OF MARYLAND

NUMBER 20-11-10-01

Amending and Restating the Order of October 16, 2020, Allowing Reopening of Certain Businesses and Facilities, Subject to Local Regulation, and Generally Requiring Use of Face Coverings

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, September 8, October 6, and October 30, 2020 to control and prevent the spread of COVID-19 within the state, and the state of emergency and catastrophic health emergency still exists;

 

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 COVID-19, the U.S. Centers for Disease Control and Prevention and the Maryland Department of Health recommend canceling large gatherings and social distancing in smaller gatherings;

 

WHEREAS, The currently known and available scientific evidence and best practices support limitations on large gatherings and social distancing to prevent exposures and transmissions, and reduce the threat to especially vulnerable populations, including older individuals and those with chronic health conditions;

 

WHEREAS, To reduce the threat to human health caused by transmission of the novel coronavirus in Maryland, and to protect and save lives, it is necessary and reasonable that individuals in the state refrain from congregating;

 

WHEREAS, To protect the public health, welfare, and safety, prevent the transmission of the novel coronavirus, control the spread of COVID-19, and save lives, it is necessary to control and direct the movement of individuals in Maryland, including those on the public streets;

 

WHEREAS, It is further necessary to control and direct in Maryland the occupancy and use of buildings and premises, as well as places of amusement and assembly;

 

WHEREAS, the Coronavirus Recovery Team continues to advise on related public health and emergency management decisions;

 

WHEREAS, the State has implemented measures to reduce community transmission rates of COVID-19, while strategically activating the Maryland Strong: Roadmap to Recovery plan;

 

WHEREAS, the State is continuously expanding COVID-19 laboratory testing capacity and locations throughout Maryland, and has increased its disease-investigation capabilities by implementing operations to trace the contacts of up to 1,000 new cases per day;

 

WHEREAS, the State has carefully monitored hospital capacity, and has worked with hospitals to ensure their surge capacity can accommodate Marylanders who may become ill;

 

WHEREAS, the State is procuring necessary protective equipment to safeguard critical facilities and staff; and

 

WHEREAS, the Coronavirus Recovery Team has advised that widespread use of Face Coverings is likely to help control the spread of COVID-19;

 

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. Administrative and Implementing Provisions.

          a. The Order of the Governor of the State of Maryland, dated March 12, 2020, entitled “Prohibiting Large Gatherings and Events and Closing Senior Centers,” as amended and restated on March 16, 2020, and further amended and restated on March 19, 2020 by Order Number 20-03-19-01, and further amended and restated on March 23, 2020 by Order Number 20-03-29-01, and further amended and restated on March 30, 2020 by Order Number 20-03-30-01, and further amended and restated on May 6, 2020 by Order Number 20-05-06-01, and further amended and restated on May 13, 2020 by Order Number 20-05-13-01, and further amended and restated on May 27, 2020 by Order Number 20-05-27-01, further amended and restated on June 3, 2020 by Order Number 20-06-03-01, further amended and restated on June 10, 2020 by Order Number 20-06-10-01, further amended and restated on July 29, 2020 by Order Number 20-07-29-01, further amended and restated on August 3, 2020 by Order Number 20-08-03-01, further amended and restated on September 1, 2020 by Order Number 20-09-01-01, and further amended and restated on September 18, 2020 by Order Number 20-09-18-01, further amended and restated on September 28, 2020 by Order Number 20-09-28-01, and further amended and restated on October 16, 2020 by Order Number 20-10-16-01, is further amended and restated in its entirety as set forth herein.

          b. The Secretary of Health (the “Secretary”) is hereby authorized to issue directives under this Order (“Secretary’s Directives”), as the Secretary deems necessary, to monitor, treat, prevent, reduce the spread of, and suppress COVID-19 in relation to any activity permitted under this Order or any business, organization, establishment, or facility that is permitted by this Order to be open to the general public, which directives may consist of binding requirements and/or non-binding recommendations, and may include, without limitation, requirements pertaining to physical distancing, cleaning, disinfection, COVID-19 symptom screening, restrooms and other shared facilities, concessions, and/or ingress, egress, and movement of persons.

          c. Political subdivisions are not prohibited from opening outdoor public spaces to the general public (such as parks, sports fields and courts, beaches, dog parks, and playgrounds), subject to the following:

              i. The decision to do so shall be made after consultation with the health officer for the county in which the outdoor public space is located (or, in the case of outdoor public spaces located in Baltimore City, the Commissioner of Health for Baltimore City) (the “Local Health Officer”).

              ii. The Local Health Officer may issue such directives or orders as may be necessary to monitor, prevent, reduce the spread of, and suppress COVID-19 with respect to the use of the outdoor public space (“Health Officer Directives”).

              iii. The political subdivision must require persons using the outdoor public space to comply with applicable Secretary’s Directives, applicable Health Officer Directives, and applicable social distancing guidance published by the U.S. Centers for Disease Control and Prevention (“CDC”) and the Maryland Department of Health (“MDH”).

          d. If a political subdivision determines that doing so is necessary and reasonable to save lives or prevent exposure to COVID-19, the political subdivision is hereby authorized to issue orders that are more restrictive than this Order (“Local Orders”):

              i. requiring any businesses, organizations, establishments, or facilities (except schools) to close or modify their operations; and/or

              ii. requiring individuals to remain indoors or to refrain from congregating.

          e. Local Orders may remain in effect for so long as the authority granted by paragraph I.d (as it may be amended from time to time) remains in effect.  The authority granted by paragraph I.d (as it may be amended from time to time) is in addition to, not in derogation of, any authority of a political subdivision under its charter, laws, ordinances, or regulations.

     II. Social Distancing. 

          a. It is strongly recommended that all Marylanders continue following the most current guidance from CDC and MDH regarding social distancing, including, without limitation, avoidance of large gatherings and crowded places. 

          b. The Secretary is hereby authorized to issue Secretary’s Directives requiring individuals to remain indoors or to refrain from congregating, as the Secretary deems necessary to monitor, treat, prevent, reduce the spread of, and suppress COVID-19.

     III. Businesses, Organizations, Establishments, and Facilities That May Be Open.

          a. Religious Facilities.  Subject to applicable Local Orders and Secretary’s Directives, churches, synagogues, mosques, temples, and other similar religious facilities of any faith in Maryland (“Religious Facilities”) may open to the general public, provided, however, that the total number of persons permitted in a Religious Facility at any one time shall not exceed 75% of that Religious Facility’s Maximum Occupancy (defined below). 

          b. Retail Establishments and Malls. 

              i. Subject to applicable Local Orders and Secretary’s Directives:

                   1. retail businesses, organizations, establishments, and facilities in the State of Maryland (“Retail Establishments”) may open to the general public, provided, however, that the total number of persons permitted in a Retail Establishment at any one time shall not exceed 75% of that Retail Establishment’s Maximum Occupancy (defined below); and

                   2. shopping centers in the State of Maryland that have one or more enclosed pedestrian concourses may open to the general public. 

              ii. All Retail Establishments shall, in good faith and to the extent possible:

                   1. where any queue is expected to form, designate with signage, tape, or by other means at least six-foot spacing for persons in line;

                   2. sanitize, or provide customers with a means to sanitize, handles of carts and baskets that are available to customers;

                   3. provide staff and customers with clean restrooms stocked with soap or sanitizer, and allow staff to wash their hands at least once every 30 minutes; and

                   4. post signage at each entrance advising customers about the requirement to wear Face Coverings described in paragraph IV.b.

          c. Manufacturing.  Subject to applicable Local Orders and Secretary’s Directives, all manufacturing businesses and facilities in Maryland may open.

          d. Personal Services. 

              i. Subject to applicable Local Orders, applicable Secretary’s Directives and paragraph III.d.ii below, the following establishments in Maryland (“Personal Services Establishments”) may open to the general public:

                   1. beauty salons;

                    2. barber shops;

                   3. tattoo parlors;

                   4. tanning salons;

                   5. massage parlors; and

                   6. establishments that provide esthetic services or provide nail technician services (as described in Title 5 of the Business Occupations Article of the Maryland Code);

              ii. All Personal Services Establishments shall:

                   1. provide services on an appointment basis only;

                   2. not allow the number of persons in the Personal Services Establishment to exceed 50% of the Personal Services Establishment’s Maximum Occupancy (defined below); and

                   3. after providing services to each customer, clean and disinfect the area in which services were performed in accordance with applicable guidance from the CDC and MDH.

          e. Other Recreational Establishments. 

              i. Subject to applicable Local Orders and Secretary’s Directives, the following establishments in Maryland may open to the general public:

                   1. golf courses and driving ranges;

                   2. outdoor archery and shooting ranges;

                   3. marinas and watercraft rental businesses;

                   4. campgrounds;

                   5. horse boarding and riding facilities;

                   6. drive-in movie theaters;

                   7. outdoor swimming pools;

                   8. outdoor day camps;

                   9. tour boats;

                   10. amusement parks;

                   11. miniature golf establishments;

                   go-kart tracks; and

                   13. the outdoor areas of any other establishments that are subject to the admission and amusement tax under Title 4 of the Tax-General Article of the Maryland Code.

              ii. Subject to applicable Local Orders and Secretary’s Directives, the following establishments in Maryland (“Indoor Recreation Establishments”) may open to the general public:

                   1. bingo halls;

                   2. bowling alleys;

                   3. pool halls;

                   4. roller and ice skating rinks;

                   5. social and fraternal clubs (including without limitation, American Legion posts, VFW posts, and Elks Clubs) (“Social Clubs”); and

                   6. the indoor areas of any other establishments that are subject to the admission and amusement tax under Title 4 of the Tax-General Article of the Maryland Code;

              provided, however, that the total number of persons permitted in an Indoor Recreation Establishment at any one time shall not exceed 50% of that Indoor Recreation Establishment’s Maximum Occupancy (defined below).

          f. Foodservice Establishments.

              i. Subject to applicable Local Orders, applicable Secretary’s Directives, and paragraph III.f.ii below, (a) restaurants, bars, nightclubs, and other similar establishments that sell food or beverages for consumption on-premises in Maryland, and (b) Social Clubs with dining facilities (collectively, “Foodservice Establishments”) may, to the extent permitted by applicable law:

                   1. serve food and beverages to customers for consumption in outdoor seating areas;

                   2. sell food and beverages that are promptly taken from the premises, i.e., on a carry-out or drive-through basis;

                   3. deliver food and beverages to customers off the premises; and

                   4. serve food and beverages to customers for consumption in indoor seating areas.

              ii. Foodservice Establishments shall:

                   1. not allow the number of persons in the Foodservice Establishment to exceed 50% of the Foodservice Establishment’s Maximum Occupancy (defined below);

                   2. not serve food in a buffet format;

                   3. not serve customers who are not seated; and

                   4. clean and disinfect each table between each seating in accordance with CDC and MDH guidelines, using cleaning products that meet the criteria of the U.S. Environmental Protection Agency for use against COVID-19.

              iii. As used in this paragraph III.f:

                   1. the term “indoor seating area” means a portion of a Foodservice Establishment that is an indoor area, as defined in COMAR 10.19.04.02.B(9); and

                   2. the term “outdoor seating area” means a portion of a Foodservice Establishment that is not an indoor seating area.

          g. Fitness Centers.  Subject to applicable Local Orders and Secretary’s Directives, fitness centers, health clubs, health spas, gyms, aquatic centers, and self-defense schools in Maryland (“Fitness Centers”) may open to the general public; provided, however, that the total number of persons permitted in a Fitness Center at any one time shall not exceed 50% of that Fitness Center’s Maximum Occupancy (defined below).

          h. Casinos, Racetracks, and Simulcast Betting Facilities. 

               i. Subject to applicable Local Orders, Secretary’s Directives, and paragraph III.h.iii below, the following establishments (“Gaming Facilities”) may open to the general public:

                   1. MGM National Harbor;

                   2. Live! Casino & Hotel;

                   3. Horseshoe Casino Baltimore;

                   4. Hollywood Casino Perryville;

                   5. Ocean Downs Casino;

                   6. Rocky Gap Casino Resort; and

                   7. all simulcast betting facilities in the State, to the extent not otherwise included in the buildings and premises listed above.

              ii. Subject to applicable Local Orders, Secretary’s Directives, and paragraph III.h.iv below, the following establishments (“Racing Facilities”) may open to the general public:

                   1. Laurel Park;

                   2. Pimlico Race Course;

                   3. Timonium Race Course;

                   4. Fair Hill Races;

                   5. Rosecroft Raceway; and

                   6. Ocean Downs.

              iii. The total number of persons permitted in a Gaming Facility at any one time shall not exceed 50% of that Gaming Facility’s Maximum Occupancy (defined below).

              iv. The total number of spectators (defined below) permitted in:

                   1. the indoor area of a Racing Facility at any one time shall not exceed the lesser of (a) 50% of that indoor area’s Maximum Occupancy (defined below), or (b) 250 persons; and

                   2. the outdoor area of a Racing Facility at any one time shall not exceed 10% of that outdoor area’s Maximum Occupancy (defined below). 

              v. As used herein, the term “spectator” means a person at a Racing Facility who is not (1) at the facility for the purpose of engaging in racing or other customary operations, or (2) a member of the media.

          i. Other Businesses.  Except as otherwise closed by this Order or any other Order of the Governor of the State of Maryland, subject to applicable Local Orders and Secretary’s Directives, businesses, organizations, establishments, and facilities that are not part of the critical infrastructure sectors identified by the U.S. Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (currently described at https://www.cisa.gov/identifying-critical-infrastructure-during-covid-19) may open to the general public.

          j. Theaters, Outdoor Entertainment and Sporting Venues.  Subject to applicable Local Orders and Secretary’s Directives:

              i. theatres in Maryland at which live performances occur or motion pictures are shown indoors (“Indoor Theaters”) may open to the general public; provided, however, that the total number of persons permitted in an Indoor Theater at any one time (per individual auditorium or performance stage) shall not exceed the lesser of (i) 50% of that Indoor Theater’s Maximum Occupancy (defined below), or (ii) 100 persons;

              ii. venues in Maryland at which live performances occur or motion pictures are shown outdoors, and at which entry is limited to ticketed customers (“Outdoor Entertainment Venues”), may open to the general public; provided, however, that:

                   1. with respect to Outdoor Entertainment Venues having a Maximum Occupancy (defined below) of 2,500 persons or less, the total number of persons permitted in such Outdoor Entertainment Venue at any one time shall not exceed the lesser of (A) 50% of that Outdoor Entertainment Venue’s Maximum Occupancy (defined below), or (B) 250 persons; and

                   2. with respect to all other Outdoor Entertainment Venues, the total number of persons permitted in such Outdoor Entertainment Venue at any one time shall not exceed 10% of that Outdoor Entertainment Venue’s Maximum Occupancy (defined below); and

              iii. outdoor venues at which sporting events occur (including, without limitation, major league, professional, minor league, semi-professional, amateur, recreational, motor sports, and collegiate sporting events) (“Outdoor Sporting Venues”), may open to the general public, provided, however, that:

                   1. with respect to an Outdoor Sporting Venue having a Maximum Occupancy (defined below) of 2,500 persons or less, the total number of spectators permitted in such Outdoor Sporting Venue at any one time shall not exceed the lesser of (A) 50% of that Outdoor Sporting Venue’s Maximum Occupancy (defined below), or (B) 250 persons;

                   2. with respect to an Outdoor Sporting Venue having a Maximum Occupancy (defined below) of more than 2,500 persons, the total number of spectators permitted in such Outdoor Sporting Venue shall not exceed 10% of that Outdoor Sporting Venue’s Maximum Occupancy (defined below);

                   3. with respect to any Outdoor Sporting Venue where the spectator area is clearly delineated in seating sections, the total number of spectators permitted in each section shall not exceed 10% of that section’s seating capacity;

                   4. notwithstanding anything herein to the contrary, the Secretary is hereby authorized to issue directives under this Order allowing occupancy at certain collegiate Outdoor Sporting Venues to be up to 25% of such Outdoor Sporting Venues’ seating capacity, if the Secretary finds that, based on the particular circumstances at the college or university where the Outdoor Sporting Venue is located, doing so would not pose an unreasonable risk of exposure to COVID-19; and

              iv. as used herein, the term “spectator” means a person at an Outdoor Sporting Venue who is not (1) at the facility for the purpose of engaging in sporting or other customary operations, or (2) a member of the media.

          k. Maximum Occupancy; Indoor vs. Outdoor. 

              i. With respect to a Religious Facility, Retail Establishment, Foodservice Establishment, Fitness Center, Gaming Facility, Racing Facility, Indoor Recreation Establishment, Personal Services Establishment, Indoor Theater, Outdoor Entertainment Venue, or Outdoor Sporting Venue (a “Facility”), “Maximum Occupancy” means:

                   1. The maximum occupancy load of the Facility under the applicable fire code, as set forth on a certificate issued for the Facility by a local fire code official; or

                   2. If no such certificate has been issued for the Facility by the local fire code official, the maximum occupancy of the Facility pursuant to applicable laws, regulations, and permits.

              ii. As used herein:

                   1. the term “indoor area” has the meaning provided in COMAR 10.19.04.02.B(9); and

                   2. the term “outdoor area” means an area that is not an indoor area.

          l. Operating Requirements.  All businesses, organizations, establishments, and facilities in Maryland shall comply with:

              i. applicable Local Orders;

              ii. applicable Secretary’s Directives;

              iii. applicable social distancing guidance published by CDC and MDH; and

              iv. orders issued by the applicable Local Health Officer pursuant to the Order of the Governor of the State of Maryland Number 20-04-05-02, dated April 5, 2020, entitled “Delegating Authority to Local Officials to Control and Close Unsafe Facilities”, as it may be amended from time to time.

     IV. Face Coverings.

          a. Definitions.  As used herein:

              i. “Face Covering” means a covering that fully covers a person’s nose and mouth and is secured to the person’s head, but is not a Medical-Grade Mask.  The term “Face Covering” includes, without limitation, scarves, bandanas, and plastic full-face shields.

              ii. “Medical-Grade Mask” means an N95, KN95, surgical, or other mask that would be appropriate for a health care setting.

              iii. “Public Transportation” means shared-ride surface transportation services that are open to the general public, including without limitation, taxi services, ride-sharing services, car services, transit services provided by any other unit of the State or any political subdivision, and all related stations and platforms.  Examples of Public Transportation include, but are not limited to MTA bus service, MARC train service, Light Rail train service, MTA Metro subway service, and Mobility and Paratransit services.

          b. Requirement to Wear Face Coverings.  

              i. Except as provided in paragraph IV.c, all persons in Maryland over the age of five (5) years old are required to wear a Face Covering when they are:

                   1. in or on any Public Transportation;

                   2. indoors at any location where members of the public are generally permitted, including without limitation, Religious Facilities, Retail Establishments, Foodservice Establishments, Fitness Centers, Gaming Facilities, the indoor portions of Racing Facilities, Indoor Recreation Establishments, Personal Services Establishments, and Indoor Theaters;

                   3. at any Outdoor Sporting Venue or Outdoor Entertainment Venue;

                   4. outdoors at any location other than an Outdoor Sporting Venue or Outdoor Entertainment Venue and unable to consistently maintain at least six feet of distance from individuals who are not members of their household;

                   5. obtaining healthcare services, including without limitation, in offices of physicians and dentists, hospitals, pharmacies, and laboratories; and

                   6. engaged in work in any area where:

                        a. interaction with others is likely, including without limitation, in shared areas of commercial offices; or

                        b. food is prepared or packaged.

              ii. Single-use Face Coverings shall be properly discarded in trash receptacles. It is recommended that all reusable Face Coverings be cleaned frequently (at least once per day).

              iii. Wearing a Medical-Grade Mask satisfies any requirement in paragraph IV.b.i to wear a Face Covering, but all Marylanders are urged to reserve Medical-Grade Masks for use by health care workers and first responders.

          c. Exceptions.  Paragraph IV.b.i does not require persons to wear Face Coverings:

              i. if, due to a bona fide disability or medical condition, it would be unsafe for the person to do so;

              ii. to the extent wearing a Face Covering would impede communication by or with persons who have a hearing impairment or other disability, where the ability to see the mouth is essential for communication;

              iii. if wearing a Face Covering would subject the person to an unsafe working condition, as determined by federal, state, or local occupational safety regulators or workplace safety guidelines;

              iv. to the extent wearing a Face Covering would make it impossible to receive services requiring access to the face, mouth, or head, including without limitation, dental care, shaving, and facial treatments;

              v. while consuming food or beverages;

              vi. while swimming or engaging in other physical activities where the use of a Face Covering is likely to pose a bona fide safety risk; or

              vii. while operating any Public Transportation conveyance, provided that the person is (1) the sole operator of the conveyance, and (2) located in a separate compartment that is off-limits to riders.

     V. Businesses, Organizations, Establishments, and Facilities Required to Close.

          a. Senior Centers.  All senior citizen activities centers (as defined in Section 10-501(i) of the Human Services Article of the Maryland Code) shall remain closed.

          b. Minimal Operations.  Staff and owners may continue to be on-site at any business, organization, establishment, or facility that is required to be closed pursuant to this Order for only the following purposes:

              i. Facilitating remote working (a/k/a/ telework) by other staff;

              ii. Maintaining essential property;

              iii. Preventing loss of, or damage to property, including without limitation, preventing spoilage of perishable inventory;

              iv. Performing essential administrative functions, including without limitation, picking up mail and processing payroll; and

              v. Caring for live animals.

          c. Closure By Other Order.  All businesses, organizations, establishments, and facilities that are required to close pursuant to any other Order of the Governor of the State of Maryland or any other Order of a political subdivision, shall be and remain closed in accordance with such other Order, as the case may be.

     VI. Government Buildings and Facilities with Large Occupancy or Attendance.

          a. State and local government buildings and facilities with an expected occupancy or attendance of more than 10 people shall:

              i. Promptly and conspicuously post in the building or facility a copy of the MDH recommendations for social distancing; and

              ii. Provide all occupants and attendees with the capability to wash their hands.

          b. A copy of this Order shall be made available to all occupants or attendees at any State or local government building and facility with an expected occupancy or attendance of more than 10 people.

     VII. General Provisions.

          a. Each law enforcement officer of the State or a political subdivision shall execute and enforce this Order and any Local Order.

          b. A person who knowingly and willfully violates this Order or any Local Order is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding one year or a fine not exceeding $5,000 or both.

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

          d. The effect of any statute, rule, or regulation of an agency of the State or a political subdivision inconsistent with this order is hereby suspended to the extent of the inconsistency.

          e. The underlined paragraph headings in this Order are for convenience of reference only and shall not affect the interpretation of this Order.

          f. If any provision of this Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Order are severable.

ISSUED under my hand this 10th day of November, 2020, to be effective as of 5:00 p.m. on November 11, 2020.

LAWRENCE J. HOGAN, JR.
Governor

[20-26-16]

 

ORDER OF THE GOVERNOR OF THE STATE OF MARYLAND

NUMBER 20-11-17-01

Amending and Restating the Order of November 10, 2020, Regulating Certain Businesses and Facilities and Generally Requiring Use of Face Coverings

 

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, September 8, October 6, and October 30, 2020, to control and prevent the spread of COVID-19 within the state, and the state of emergency and catastrophic health emergency still exists;

 

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 COVID-19, the U.S. Centers for Disease Control and Prevention and the Maryland Department of Health recommend canceling large gatherings and social distancing in smaller gatherings;

 

WHEREAS, The currently known and available scientific evidence and best practices support limitations on large gatherings and social distancing to prevent exposures and transmissions, and reduce the threat to especially vulnerable populations, including older individuals and those with chronic health conditions;

 

WHEREAS, To reduce the threat to human health caused by transmission of the novel coronavirus in Maryland, and to protect and save lives, it is necessary and reasonable that individuals in the state refrain from congregating;

 

WHEREAS, To protect the public health, welfare, and safety, prevent the transmission of the novel coronavirus, control the spread of COVID-19, and save lives, it is necessary to control and direct the movement of individuals in Maryland, including those on the public streets;

 

WHEREAS, It is further necessary to control and direct in Maryland the occupancy and use of buildings and premises, as well as places of amusement and assembly;

 

WHEREAS, the Coronavirus Recovery Team continues to advise on related public health and emergency management decisions;

 

WHEREAS, the State has implemented measures to reduce community transmission rates of COVID-19, while strategically activating the Maryland Strong: Roadmap to Recovery plan;

 

WHEREAS, the State is continuously expanding COVID-19 laboratory testing capacity and locations throughout Maryland, and has increased its disease-investigation capabilities by implementing operations to trace the contacts of up to 1,000 new cases per day;

 

WHEREAS, the State has carefully monitored hospital capacity, and has worked with hospitals to ensure their surge capacity can accommodate Marylanders who may become ill;

 

WHEREAS, the State is procuring necessary protective equipment to safeguard critical facilities and staff; and

 

WHEREAS, the Coronavirus Recovery Team has advised that widespread use of Face Coverings is likely to help control the spread of COVID-19;

 

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. Administrative and Implementing Provisions.

          a. The Order of the Governor of the State of Maryland, dated March 12, 2020, entitled “Prohibiting Large Gatherings and Events and Closing Senior Centers,” as amended and restated on March 16, 2020, and further amended and restated on March 19, 2020 by Order Number 20-03-19-01, and further amended and restated on March 23, 2020 by Order Number 20-03-29-01, and further amended and restated on March 30, 2020 by Order Number 20-03-30-01, and further amended and restated on May 6, 2020 by Order Number 20-05-06-01, and further amended and restated on May 13, 2020 by Order Number 20-05-13-01, and further amended and restated on May 27, 2020 by Order Number 20-05-27-01, further amended and restated on June 3, 2020 by Order Number 20-06-03-01, further amended and restated on June 10, 2020 by Order Number 20-06-10-01, further amended and restated on July 29, 2020 by Order Number 20-07-29-01, further amended and restated on August 3, 2020 by Order Number 20-08-03-01, further amended and restated on September 1, 2020 by Order Number 20-09-01-01, and further amended and restated on September 18, 2020 by Order Number 20-09-18-01, further amended and restated on September 28, 2020 by Order Number 20-09-28-01, further amended and restated on October 16, 2020 by Order Number 20-10-16-01, and further amended and restated on November 10, 2020 by Order Number 20-11-10-01, is further amended and restated in its entirety as set forth herein.

          b. The Secretary of Health (the “Secretary”) is hereby authorized to issue directives under this Order (“Secretary’s Directives”), as the Secretary deems necessary, to monitor, treat, prevent, reduce the spread of, and suppress COVID-19 in relation to any activity permitted under this Order or any business, organization, establishment, or facility that is permitted by this Order to be open to the general public, which directives may consist of binding requirements and/or non-binding recommendations, and may include, without limitation, requirements pertaining to physical distancing, cleaning, disinfection, COVID-19 symptom screening, restrooms and other shared facilities, concessions, and/or ingress, egress, and movement of persons.

          c. Political subdivisions are not prohibited from opening outdoor public spaces to the general public (such as parks, sports fields and courts, beaches, dog parks, and playgrounds), subject to the following:

              i. The decision to do so shall be made after consultation with the health officer for the county in which the outdoor public space is located (or, in the case of outdoor public spaces located in Baltimore City, the Commissioner of Health for Baltimore City) (the “Local Health Officer”).

              ii. The Local Health Officer may issue such directives or orders as may be necessary to monitor, prevent, reduce the spread of, and suppress COVID-19 with respect to the use of the outdoor public space (“Health Officer Directives”).

              iii. The political subdivision must require persons using the outdoor public space to comply with applicable Secretary’s Directives, applicable Health Officer Directives, and applicable social distancing guidance published by the U.S. Centers for Disease Control and Prevention (“CDC”) and the Maryland Department of Health (“MDH”).

          d. If a political subdivision determines that doing so is necessary and reasonable to save lives or prevent exposure to COVID-19, the political subdivision is hereby authorized to issue orders that are more restrictive than this Order (“Local Orders”):

              i. requiring any businesses, organizations, establishments, or facilities (except schools) to close or modify their operations; and/or

              ii. requiring individuals to remain indoors or to refrain from congregating.

          e. Local Orders may remain in effect for so long as the authority granted by paragraph I.d (as it may be amended from time to time) remains in effect.  The authority granted by paragraph I.d (as it may be amended from time to time) is in addition to, not in derogation of, any authority of a political subdivision under its charter, laws, ordinances, or regulations.

     II. Social Distancing. 

          a. It is strongly recommended that all Marylanders continue following the most current guidance from CDC and MDH regarding social distancing, including, without limitation, avoidance of large gatherings and crowded places. 

          b. The Secretary is hereby authorized to issue Secretary’s Directives requiring individuals to remain indoors or to refrain from congregating, as the Secretary deems necessary to monitor, treat, prevent, reduce the spread of, and suppress COVID-19.

     III. Businesses, Organizations, Establishments, and Facilities That May Be Open.

          a. Religious Facilities.  Subject to applicable Local Orders and Secretary’s Directives, churches, synagogues, mosques, temples, and other similar religious facilities of any faith in Maryland (“Religious Facilities”) may open to the general public, provided, however, that the total number of persons permitted in a Religious Facility at any one time shall not exceed 50% of that Religious Facility’s Maximum Occupancy (defined below). 

          b. Retail Establishments and Malls. 

              i. Subject to applicable Local Orders and Secretary’s Directives:

                   1. retail businesses, organizations, establishments, and facilities in the State of Maryland (“Retail Establishments”) may open to the general public, provided, however, that the total number of persons permitted in a Retail Establishment at any one time shall not exceed 50% of that Retail Establishment’s Maximum Occupancy (defined below); and

                   2. shopping centers in the State of Maryland that have one or more enclosed pedestrian concourses may open to the general public. 

              ii. All Retail Establishments shall, in good faith and to the extent possible:

                   1. where any queue is expected to form, designate with signage, tape, or by other means at least six-foot spacing for persons in line;

                   2. sanitize, or provide customers with a means to sanitize, handles of carts and baskets that are available to customers;

                   3. provide staff and customers with clean restrooms stocked with soap or sanitizer, and allow staff to wash their hands at least once every 30 minutes; and

                   4. post signage at each entrance advising customers about the requirement to wear Face Coverings described in paragraph IV.b.

          c. Manufacturing.  Subject to applicable Local Orders and Secretary’s Directives, all manufacturing businesses and facilities in Maryland may open.

          d. Personal Services. 

              i. Subject to applicable Local Orders, applicable Secretary’s Directives and paragraph III.d.ii below, the following establishments in Maryland (“Personal Services Establishments”) may open to the general public:

                   1. beauty salons;

                   2. barber shops;

                   3. tattoo parlors;

                   4. tanning salons;

                   5. massage parlors; and

                   6. establishments that provide esthetic services or provide nail technician services (as described in Title 5 of the Business Occupations Article of the Maryland Code);

          ii. All Personal Services Establishments shall:

                   1. provide services on an appointment basis only;

                   2. not allow the number of persons in the Personal Services Establishment to exceed 50% of the Personal Services Establishment’s Maximum Occupancy (defined below); and

                   3. after providing services to each customer, clean and disinfect the area in which services were performed in accordance with applicable guidance from the CDC and MDH.

          e. Other Recreational Establishments. 

              i. Subject to applicable Local Orders and Secretary’s Directives, the following establishments in Maryland may open to the general public:

                   1. golf courses and driving ranges;

                   2. outdoor archery and shooting ranges;

                   3. marinas and watercraft rental businesses;

                   4. campgrounds;

                   5. horse boarding and riding facilities;

                   6. drive-in movie theaters;

                   7. outdoor swimming pools;

                   8. outdoor day camps;

                   9. tour boats;

                   10. amusement parks;

                   11. miniature golf establishments;

                   12.go-kart tracks; and

                   13. the outdoor areas of any other establishments that are subject to the admission and amusement tax under Title 4 of the Tax-General Article of the Maryland Code.

              ii. Subject to applicable Local Orders and Secretary’s Directives, the following establishments in Maryland (“Indoor Recreation Establishments”) may open to the general public:

                   1. bingo halls;

                   2. bowling alleys;

                   3. pool halls;

                   4. roller and ice skating rinks;

                   5. social and fraternal clubs (including without limitation, American Legion posts, VFW posts, and Elks Clubs) (“Social Clubs”); and

                   6. the indoor areas of any other establishments that are subject to the admission and amusement tax under Title 4 of the Tax-General Article of the Maryland Code;

              provided, however, that the total number of persons permitted in an Indoor Recreation Establishment at any one time shall not exceed 50% of that Indoor Recreation Establishment’s Maximum Occupancy (defined below).

          f. Foodservice Establishments.

              i. Subject to applicable Local Orders, applicable Secretary’s Directives, and paragraph III.f.ii below, (a) restaurants, bars, nightclubs, banquet and catering halls, and other similar establishments that sell and/or serve food or beverages for consumption on-premises in Maryland, and (b) Social Clubs with dining facilities (collectively, “Foodservice Establishments”) may, to the extent permitted by applicable law:

                   1. serve food and beverages to customers for consumption in outdoor seating areas;

                   2. sell food and beverages that are promptly taken from the premises, i.e., on a carry-out or drive-through basis;

                   3. deliver food and beverages to customers off the premises; and

                   4. serve food and beverages to customers for consumption in indoor seating areas.

              ii. Foodservice Establishments shall:

                   1. not allow the number of persons in the Foodservice Establishment to exceed 50% of the Foodservice Establishment’s Maximum Occupancy (defined below);

                   2. not serve food in a buffet format;

                   3. not serve customers who are not seated;

                   4. clean and disinfect each table between each seating in accordance with CDC and MDH guidelines, using cleaning products that meet the criteria of the U.S. Environmental Protection Agency for use against COVID-19; and

                   5. not be open to the public between the hours of 10:00 p.m. and 6:00 a.m.; provided, however, that during such hours Foodservice Establishments may continue to (a) sell food and beverages that are promptly taken from the premises (i.e., on a carry-out or drive-through basis), and (b) deliver food and beverages to customers off the premises.

              iii. As used in this paragraph III.f:

                   1. the term “indoor seating area” means a portion of a Foodservice Establishment that is an indoor area, as defined in COMAR 10.19.04.02.B(9); and

                   2. the term “outdoor seating area” means a portion of a Foodservice Establishment that is not an indoor seating area.

          g. Fitness Centers.  Subject to applicable Local Orders and Secretary’s Directives, fitness centers, health clubs, health spas, gyms, aquatic centers, and self-defense schools in Maryland (“Fitness Centers”) may open to the general public; provided, however, that the total number of persons permitted in a Fitness Center at any one time shall not exceed 50% of that Fitness Center’s Maximum Occupancy (defined below).

          h. Casinos, Racetracks, and Simulcast Betting Facilities. 

              i. Subject to applicable Local Orders, Secretary’s Directives, and paragraph III.h.iii below, the following establishments (“Gaming Facilities”) may open to the general public:

                   1. MGM National Harbor;

                   2. Live! Casino & Hotel;

                   3. Horseshoe Casino Baltimore;

                   4. Hollywood Casino Perryville;

                   5. Ocean Downs Casino;

                   6. Rocky Gap Casino Resort; and

                   7. all simulcast betting facilities in the State, to the extent not otherwise included in the buildings and premises listed above.

              ii. Subject to applicable Local Orders, Secretary’s Directives, and paragraph III.h.iv below, the following establishments (“Racing Facilities”) may open to the general public:

                   1. Laurel Park;

                   2. Pimlico Race Course;

                   3. Timonium Race Course;

                   4. Fair Hill Races;

                   5. Rosecroft Raceway; and

                   6. Ocean Downs.

              iii. The total number of persons permitted in a Gaming Facility at any one time shall not exceed 50% of that Gaming Facility’s Maximum Occupancy (defined below).

              iv. The total number of persons permitted in a Racing Facility at any one time shall not exceed the lesser of (a) 50% of that Racing Facility’s Maximum Occupancy (defined below), or (b) 250 persons.

          i. Other Businesses.  Except as otherwise closed by this Order or any other Order of the Governor of the State of Maryland, subject to applicable Local Orders and Secretary’s Directives, businesses, organizations, establishments, and facilities that are not part of the critical infrastructure sectors identified by the U.S. Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (currently described at https://www.cisa.gov/identifying-critical-infrastructure-during-covid-19) may open to the general public.

          j. Theaters, Outdoor Entertainment and Sporting Venues.  Subject to applicable Local Orders and Secretary’s Directives:

               i. theatres in Maryland at which live performances occur or motion pictures are shown indoors (“Indoor Theaters”) may open to the general public; provided, however, that the total number of persons permitted in an Indoor Theater at any one time (per individual auditorium or performance stage) shall not exceed the lesser of (i) 50% of that Indoor Theater’s Maximum Occupancy (defined below), or (ii) 100 persons;

              ii. venues in Maryland at which live performances occur or motion pictures are shown outdoors, and at which entry is limited to ticketed customers (“Outdoor Entertainment Venues”), may open to the general public; provided, however, that the total number of persons permitted in an Outdoor Entertainment Venue at any one time shall not exceed the lesser of (A) 50% of that Outdoor Entertainment Venue’s Maximum Occupancy (defined below), or (B) 250 persons; and

              iii. outdoor venues at which sporting events occur (including, without limitation, major league, professional, minor league, semi-professional, amateur, recreational, motor sports, and collegiate sporting events) (“Outdoor Sporting Venues”), may open to the general public, provided, however, that the total number of persons permitted in an Outdoor Sporting Venue at any one time shall not exceed the lesser of (A) 50% of that Outdoor Sporting Venue’s Maximum Occupancy (defined below), or (B) 250 persons.

          k. Maximum Occupancy; Indoor vs. Outdoor. 

              i. With respect to a Religious Facility, Retail Establishment, Foodservice Establishment, Fitness Center, Gaming Facility, Racing Facility, Indoor Recreation Establishment, Personal Services Establishment, Indoor Theater, Outdoor Entertainment Venue, or Outdoor Sporting Venue (a “Facility”), “Maximum Occupancy” means:

                   1. The maximum occupancy load of the Facility under the applicable fire code, as set forth on a certificate issued for the Facility by a local fire code official; or

                   2. If no such certificate has been issued for the Facility by the local fire code official, the maximum occupancy of the Facility pursuant to applicable laws, regulations, and permits.

              ii. As used herein:

                   1. the term “indoor area” has the meaning provided in COMAR 10.19.04.02.B(9); and

                   2. the term “outdoor area” means an area that is not an indoor area.

          l. Operating Requirements.  All businesses, organizations, establishments, and facilities in Maryland shall comply with:

              i. applicable Local Orders;

              ii. applicable Secretary’s Directives;

              iii. applicable social distancing guidance published by CDC and MDH; and

              iv. orders issued by the applicable Local Health Officer pursuant to the Order of the Governor of the State of Maryland Number 20-04-05-02, dated April 5, 2020, entitled “Delegating Authority to Local Officials to Control and Close Unsafe Facilities”, as it may be amended from time to time.

     IV. Face Coverings.

          a. Definitions.  As used herein:

              i. “Face Covering” means a covering that fully covers a person’s nose and mouth and is secured to the person’s head, but is not a Medical-Grade Mask.  The term “Face Covering” includes, without limitation, scarves, bandanas, and plastic full-face shields.

              ii. “Medical-Grade Mask” means an N95, KN95, surgical, or other mask that would be appropriate for a health care setting.

              iii. “Public Transportation” means shared-ride surface transportation services that are open to the general public, including without limitation, taxi services, ride-sharing services, car services, transit services provided by any other unit of the State or any political subdivision, and all related stations and platforms.  Examples of Public Transportation include, but are not limited to MTA bus service, MARC train service, Light Rail train service, MTA Metro subway service, and Mobility and Paratransit services.

          b. Requirement to Wear Face Coverings. 

              i. Except as provided in paragraph IV.c, all persons in Maryland over the age of five (5) years old are required to wear a Face Covering when they are:

                   1. in or on any Public Transportation;

                   2. indoors at any location where members of the public are generally permitted, including without limitation, Religious Facilities, Retail Establishments, Foodservice Establishments, Fitness Centers, Gaming Facilities, the indoor portions of Racing Facilities, Indoor Recreation Establishments, Personal Services Establishments, and Indoor Theaters;

                   3. at any Outdoor Sporting Venue or Outdoor Entertainment Venue;

                   4. outdoors at any location other than an Outdoor Sporting Venue or Outdoor Entertainment Venue, and unable to consistently maintain at least six feet of distance from individuals who are not members of their household;

                   5. obtaining healthcare services, including without limitation, in offices of physicians and dentists, hospitals, pharmacies, and laboratories; and

                   6. engaged in work in any area where:

                        a. interaction with others is likely, including without limitation, in shared areas of commercial offices; or

                        b. food is prepared or packaged.

              ii. Single-use Face Coverings shall be properly discarded in trash receptacles. It is recommended that all reusable Face Coverings be cleaned frequently (at least once per day).

              iii. Wearing a Medical-Grade Mask satisfies any requirement in paragraph IV.b.i to wear a Face Covering, but all Marylanders are urged to reserve Medical-Grade Masks for use by health care workers and first responders.

          c. Exceptions.  Paragraph IV.b.i does not require persons to wear Face Coverings:

              i. if, due to a bona fide disability or medical condition, it would be unsafe for the person to do so;

              ii. to the extent wearing a Face Covering would impede communication by or with persons who have a hearing impairment or other disability, where the ability to see the mouth is essential for communication;

              iii. if wearing a Face Covering would subject the person to an unsafe working condition, as determined by federal, state, or local occupational safety regulators or workplace safety guidelines;

              iv. to the extent wearing a Face Covering would make it impossible to receive services requiring access to the face, mouth, or head, including without limitation, dental care, shaving, and facial treatments;

              v. while consuming food or beverages;

              vi. while swimming or engaging in other physical activities where the use of a Face Covering is likely to pose a bona fide safety risk;

              vii. while operating any Public Transportation conveyance, provided that the person is (1) the sole operator of the conveyance, and (2) located in a separate compartment that is off-limits to riders; or

              viii. to the extent it is necessary to observe the person’s entire face to verify such person’s identity for bona fide security purposes.

     V. Businesses, Organizations, Establishments, and Facilities Required to Close.

          a. Senior Centers.  All senior citizen activities centers (as defined in Section 10-501(i) of the Human Services Article of the Maryland Code) shall remain closed.

          b. Minimal Operations.  Staff and owners may continue to be on-site at any business, organization, establishment, or facility that is required to be closed pursuant to this Order for only the following purposes:

              i. Facilitating remote working (a/k/a/ telework) by other staff;

              ii. Maintaining essential property;

              iii. Preventing loss of, or damage to property, including without limitation, preventing spoilage of perishable inventory;

              iv. Performing essential administrative functions, including without limitation, picking up mail and processing payroll; and

              v. Caring for live animals.

          c. Closure By Other Order.  All businesses, organizations, establishments, and facilities that are required to close pursuant to any other Order of the Governor of the State of Maryland or any other Order of a political subdivision, shall be and remain closed in accordance with such other Order, as the case may be.

     VI. Government Buildings and Facilities with Large Occupancy or Attendance.

          a. State and local government buildings and facilities with an expected occupancy or attendance of more than 10 people shall:

              i. Promptly and conspicuously post in the building or facility a copy of the MDH recommendations for social distancing; and

              ii. Provide all occupants and attendees with the capability to wash their hands.

          b. A copy of this Order shall be made available to all occupants or attendees at any State or local government building and facility with an expected occupancy or attendance of more than 10 people.

     VII. General Provisions.

          a. Each law enforcement officer of the State or a political subdivision shall execute and enforce this Order and any Local Order.

          b. A person who knowingly and willfully violates this Order or any Local Order is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding one year or a fine not exceeding $5,000 or both.

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

          d. The effect of any statute, rule, or regulation of an agency of the State or a political subdivision inconsistent with this order is hereby suspended to the extent of the inconsistency.

          e. The underlined paragraph headings in this Order are for convenience of reference only and shall not affect the interpretation of this Order.

          f. If any provision of this Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Order are severable.

ISSUED under my hand this 17th day of November, 2020, to be effective as of 5:00 p.m. on November 20, 2020.

LAWRENCE J. HOGAN, JR.
Governor

[20-26-17]

 

ORDER OF THE GOVERNOR OF THE STATE OF MARYLAND

NUMBER 20-11-17-02

Establishing Alternate Care Sites and Authorizing Regulation of Patient Care Space in Health Care Facilities

 

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, September 8, October 6, and October 30, 2020, to control and prevent the spread of COVID-19 within Maryland, and the state of emergency and catastrophic health emergency continues to exist;

 

WHEREAS, COVID-19 can cause severe respiratory infection, resulting in hospitalization;

 

WHEREAS, To reduce the spread of COVID-19, it is medically necessary to place infected persons in isolation or quarantine;

 

WHEREAS, There is an increased need for health care facility space for isolation, quarantine, and treatment of patients with COVID-19;

 

WHEREAS, The surge in demand for facility space may exceed the physical capacity of existing health care facilities, even with temporary expansions;

 

WHEREAS, A shortage of facility space would create significant risks to patient health and safety;

 

WHEREAS, Additional non-traditional health facilities can provide the capacity needed to isolate, quarantine, and treat persons with COVID-19;

 

WHEREAS, To protect the public health, welfare, and safety, it is necessary to authorize the use of sites other than health care facilities to provide capacity for isolation, quarantine, and patient treatment and other health care; and

 

WHEREAS, It is further necessary to provide temporary housing and control the use of buildings and other facilities;

 

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 PROTECT THE PUBLIC HEALTH, WELFARE, AND SAFETY, DO HEREBY ORDER:

     1. Amendment and Restatement.  The Order of the Governor of the State of Maryland number 20-04-20-01, dated April 20, 2020, entitled “Establishing Alternate Care Sites” is  amended and restated in its entirety as set forth herein.

     2. Definitions.  As used herein:

          a. “Alternate care site” has the meaning stated in PS § 14-301.

          b. “Facility” means, interchangeably and collectively, (i) a health care facility, as defined in HG § 19-114(d); (ii) alternate care sites; and (iii) all other facilities designated or established by the Secretary for treatment, isolation, and/or quarantine.

          c. “HG” means the Health-General Article of the Maryland Code.

          d. “"PS” means the Public Safety Article of the Maryland Code.

     3. Alternate Care Sites.

          a. The Secretary of Health (“Secretary”) shall establish one or more alternate care sites for the isolation, quarantine, and treatment of persons with COVID-19, including health‑related services such as hospital inpatient care.

          b. The Secretary shall identify and expeditiously select contractors, subcontractors, and vendors to support the establishment, supplying, operation, and management of alternate care sites.

     4. Health Services Cost Review Commission.

          a. The Health Services Cost Review Commission (“HSCRC”) may, upon request by the Secretary, set rates and charges for the services to be provided at alternate care sites.

          b. In setting an alternate care site’s rates and charges, the HSCRC may take into account, in addition to other relevant circumstances and factors, the rates and charges set for nearby or similar facilities or services.

          c. The Secretary may, to ensure that alternate care sites have sufficient resources for ongoing operations, support related expenditures and costs with revenues from payments received for services billed at the rates set pursuant to paragraph 4.a.

     5. Hospital Capacity.

          a. The Secretary is authorized to take actions and issue directives to control, restrict, and regulate the use of patient care spaces in Facilities, as necessary to respond to the catastrophic health emergency, which may include, without limitation, requiring transfers of patients to and from various Facilities.

          b. Without limiting the generality of paragraph 7(b) below, all statutes, rules, and  regulations of an agency of the State or a political subdivision that may be inconsistent with paragraph 5(a) above (including, without limitation, HG § 19-342, COMAR 10.07.01.36B(2), and COMAR 10.07.01.23) are hereby suspended to the extent of the inconsistency.

     6. Immunity.

          a. Health care providers, as defined in PS § 14-3A-01, at any alternate care site who act in good faith and under the catastrophic health emergency proclamation are immune from civil or criminal liability as set forth in PS § 14-3A-06.

          b. Maryland Responds Medical Reserve Corps volunteers who provide services at an alternate care site have the immunity provided by § 12‑105 of the State Government Article and § 5-522 of the Courts & Judicial Proceedings Article of the Maryland Code. 

     7. General Provisions.

          a. This Order remains effective until the state of emergency is terminated and the proclamation of the catastrophic health emergency is rescinded, or until rescinded, superseded, amended, or revised by any subsequent orders.

          b. The effect of any statute, rule, or regulation of an agency of the State or a political subdivision inconsistent with this Order is hereby suspended to the extent of the inconsistency.

          c. The underlined paragraph headings in this Order are for convenience of reference only and shall not affect the interpretation of this Order.

          d. If any provision of this Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Order are severable.

 

ISSUED under my hand this 17th day of November, 2020, and effective immediately.

LAWRENCE J. HOGAN, JR.
Governor

[20-26-18]

 

ORDER OF THE GOVERNOR OF THE STATE OF MARYLAND

NUMBER 20-11-17-03

Implementing Alternative Correctional Detention and Supervision

 

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, September 8, October 6, and October 30, 2020, to control and prevent the spread of COVID-19 within Maryland, and the state of emergency and catastrophic health emergency continues to exist;

 

WHEREAS, COVID-19 is a respiratory disease that can result in serious illness or death, and has been declared a pandemic by the World Health Organization;

 

WHEREAS, COVID-19 is caused by a novel coronavirus, not previously identified in humans, that transmits primarily and spreads easily when people are in close contact, including through respiratory droplets;

 

WHEREAS, COVID-19 has now spread in communities throughout Maryland, requiring broad efforts to mitigate the effects of the pandemic and protect health care resources from being overwhelmed;   

 

WHEREAS, The currently known and available scientific evidence, best practices, and recommendations of public health experts support social distancing, which is the practice of maintaining physical separation between people, to prevent exposures to, transmission of, and the spread of COVID-19;

 

WHEREAS, Because of inmates’ close proximity to each other, employees, and contractors in correctional facilities, the spread of COVID-19 there poses a significant threat to their health, welfare, and safety, as well as the communities in which they live or to which they will return;

 

WHEREAS, In order to reduce the threat to health, welfare, and safety caused by rapid transmission of COVID-19 between residents and staff in congregative correctional custody, and enable social distancing and other mitigation efforts, certain inmates must be removed from these facilities;

 

WHEREAS, Decisions regarding expeditious release for certain eligible inmates should consider threats to their health, access to appropriate medical and social services, and safeguards to protect public safety;

 

WHEREAS, It is in the public interest to prevent inmates’ exposure to the novel coronavirus by expeditiously moving them to alternative places of confinement, such as in supervised community placement or their homes;

 

WHEREAS, It is reasonable to expect that certain inmates do not present a threat to public safety and will abide by the restrictions of alternative places of detention, provided there are plans to ensure access to places of residence, social services, and medical care;

 

WHEREAS, To prevent exposure to the novel coronavirus, protect the public health, welfare, and safety, and save lives, it is necessary that inmates and staff refrain from congregating, that these individuals’ movements and the occupancy of prisons and other correctional facilities be controlled, and that part of their populations be evacuated;

 

WHEREAS, It is further necessary to suspend the effect of certain statutes, rules, and regulations regarding correctional detention and supervision procedures; and

 

WHEREAS, To mitigate the effects of the spread of COVID-19 and protect the public health, welfare, and safety, especially of vulnerable workers or incarcerated persons at Maryland prisons, it is necessary and reasonable to implement protocols and procedures for transfer out of the State’s correctional institutions;

 

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 PROTECT THE PUBLIC HEALTH, WELFARE, AND SAFETY, DO HEREBY ORDER:

     1. To continue to safely reduce correctional facilities’ populations of inmates and prevent the spread of COVID-19:

          a. The Commissioner of Correction (the “Commissioner”) is authorized to, for all inmates in the custody of the Division of Correction:

              i. Who are scheduled to be released on mandatory supervision pursuant to § 7‑501 of the Correctional Services Article of the Maryland Code (“CS”) within 120 days of the date of this Order:

                   1. Suspend any limitations on the accrual of diminution credits; and

                   2. Make awards of diminution credits as is deemed necessary and appropriate for expedited release on mandatory supervision (“early mandatory supervision”) by the Division of Parole and Probation; or

              ii. Who are otherwise eligible for home detention, immediately consider them for home detention (“expedited home detention”); and

          b. The Maryland Parole Commission shall accelerate consideration of parole (“accelerated parole”) for otherwise eligible inmates who at are least 60 years old and have:

              i. A record of good institutional adjustment;

              ii. An approved home plan; and

              iii.  Not been convicted of a crime of violence as defined by § 14-101 of the Criminal Law Article of the Maryland Code.

     2. An inmate is not eligible for early mandatory supervision, expedited home detention, or accelerated parole if the term of confinement includes a sentence for a sexual offense.

     3. At least five days before an inmate is released on early mandatory supervision or accelerated parole, notice must be provided to the victim and the State’s Attorney who last prosecuted the inmate.

     4. In determining the inmate’s suitability for early mandatory supervision, the Commissioner shall consider:

          a. Any information, input, or recommendations submitted by State’s Attorney or victim; and

          b. The inmate’s:

              i. Age;

              ii. Medical conditions;

              iii. Pregnancy, and

              iv. Special needs.

     5. Upon a determination that the action will reduce the inmate’s risk of exposure to COVID‑19 and will not compromise the health, welfare, or safety of the inmate, victims, or the public, the Commissioner may:

          a. Release the inmate on early mandatory supervision:

              i. Subject to all standard conditions of mandatory supervised release and any special conditions imposed by the Maryland Parole Commission; and

              ii. In accordance with the provisions of this Order, but otherwise as soon as practicable; or

          b. Place the inmate on expedited home detention.

     6. An inmate released on early mandatory supervision shall receive:

          a. An identification card from the Division of Correction; and

          b. Assistance in applying for applicable medical benefits.

     7. COVID-19 Screening.

          a. An inmate considered for release on early mandatory supervision, expedited home detention, or accelerated parole shall be evaluated for symptoms of COVID-19.

          b. An inmate displaying symptoms of COVID-19 is ineligible for early mandatory supervision, home detention, or accelerated parole and shall be immediately isolated and subject to COVID‑19 testing procedures and protocols.

          c. The Maryland Department of Health shall be notified of any suspected COVID-19 cases among inmates screened for early mandatory supervision, expedited home detention, or accelerated parole.

     8. Self-quarantine for a minimum of 14 days is required immediately upon release on early mandatory supervision, placement in expedited home detention, or accelerated parole.

     9. All units of State and local government shall assist and provide data, information, and resources to the Commissioner and Maryland Parole Commission as may be requested and deemed necessary to comply with this Order and otherwise protect the health, welfare, and safety of inmates on early mandatory supervision, in expedited home detention, or with accelerated parole.

     10. Effect of Other Laws.

          a. The effect of any statute, rule, or regulation of an agency of the State or a political subdivision inconsistent with this Order (including CS §§ 3-708, 7‑501(b), and 7‑505(a), and Code of Maryland Regulations 12.02.26.05C(5) through (7)) is hereby suspended to the extent of the inconsistency.

          b. Except as expressly provided for herein, all other laws regarding an inmate’s release on mandatory supervision, placement in home detention, or parole remain in effect.

     11. This Order remains effective until the state of emergency is terminated and the proclamation of the catastrophic health emergency is rescinded, or until rescinded, superseded, amended, or revised by any subsequent orders.

     12. The underlined paragraph headings in this Order are for convenience of reference only and shall not affect the interpretation of this Order.

     13. If any provision of this Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Order are severable.

 

ISSUED under my hand this 17th day of November, 2020, and effective immediately.

LAWRENCE J. HOGAN, JR.
Governor

[20-26-19]

 

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 all 50 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 more than 185,000 laboratory‑confirmed positive COVID-19 cases and more than 4,300 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, September 8, 2020, October 6, 2020, and October 29, 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, and preparing for the deployment and administration of potential COVID-19 vaccines;

 

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 25th day of November, 2020.

LAWRENCE J. HOGAN, JR.
Governor

ATTEST:

JOHN C. WOBENSMITH
Secretary of State

[20-26-20]

 

 

The Judiciary

COURT OF APPEALS OF MARYLAND

DISCIPLINARY PROCEEDINGS

     This is to certify that by an Order of the Court of Appeals dated September 21, 2020, JASON W. SHOEMAKER (CPF # 0312170244), 151 West Patrick Street, Frederick, Maryland 21701, has been disbarred by consent, effective December 1, 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 an Order of the Court of Appeals dated November 25, 2020, PAUL JOSEPH GONZALEZ (CPF # 1306190108), c/o Alvin I. Frederick, Esquire, Eccleston & Wolf, PC, 7240 Parkway Drive, 4th Floor, Hanover, Maryland 21706, has been placed on inactive status by consent, 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).

[20-26-14]

 

 

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 22
STATE RETIREMENT AND PENSION SYSTEM

Subtitle 03 BOARD OF TRUSTEES

22.03.01 Election of Trustees

Authority: State Personnel and Pensions Article, §§21-104(b) and 21-110, Annotated Code of Maryland

Notice of Emergency Action

[20-207-E]

The Joint Committee on Administrative, Executive, and Legislative Review has granted emergency status to amendments to Regulation .06 under COMAR 22.03.01 Election of Trustees.

Emergency status began: November 24, 2020.

Emergency status expires: April 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.

.06 Nomination of Candidates.

A. The name of an eligible voter shall be placed on the ballot as a candidate if the Executive Director certifies that the following criteria are met:

(1) (text unchanged)

(2) On or before the date specified in the election schedule, the Executive Director receives:

(a) For an eligible voter to be a candidate for the Employees’ System or Teachers’ System:

(i) Completed nomination forms with the signatures and birth dates of not less than [500] 150 eligible voters;

(ii) (text unchanged)

(iii) Confirmation that at least [500] 150 of the individuals who signed the nomination forms are eligible to vote for the eligible voter to serve as trustee; or

(b) (text unchanged)

B.—C. (text unchanged)

R. DEAN KENDERDINE
Executive Director

 

 

Final Action on Regulations

 

Symbol Key

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

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

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

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

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

 

 

Title 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 Final Action

[20-167-F]

On December 8, 2020, the Secretary of Natural Resources adopted amendments to Regulations .04—.06 under COMAR 08.02.18 Fishing Guide Provisions. This action, which was proposed for adoption in 47:22 Md. R. 938—939 (October 23, 2020), has been adopted as proposed.

Effective Date: December 28, 2020.

JEANNIE HADDAWAY-RICCIO
Secretary of Natural Resources

 

Title 09
MARYLAND DEPARTMENT OF LABOR

Subtitle 10 RACING COMMISSION

09.10.01 Thoroughbred Rules

Authority: Business Regulation Article, §11-210, Annotated Code of Maryland

Notice of Final Action

[20-160-F]

On December 2, 2020, the Maryland Racing Commission adopted amendments to Regulation .57 under COMAR 09.10.01 Thoroughbred Rules. This action, which was proposed for adoption in 47:21 Md. R. 908—909 (October 9, 2020), has been adopted as proposed.

Effective Date: December 28, 2020.

EMMET C. DAVITT, ESQ.
Chairperson
Maryland Racing Commission

 

Subtitle 10 RACING COMMISSION

09.10.03 Prohibited Acts

Authority: Business Regulation Article, §11-210, Annotated Code of Maryland

Notice of Final Action

[20-156-F]

On December 2, 2020, the Maryland Racing Commission adopted amendments to Regulations .03 and .08 under COMAR 09.10.03 Prohibited Acts. This action, which was proposed for adoption in 47:21 Md. R. 909 (October 9, 2020), has been adopted as proposed.

Effective Date: December 28, 2020.

EMMET C. DAVITT, ESQ.
Chairperson
Maryland Racing Commission

 

Subtitle 11 REAL ESTATE COMMISSION

09.11.07 Residential Property Disclosure/ Disclaimer Statement

Authority: Business Occupations and Professions Article, §17-208; Real Property Article, §10-702; Annotated Code of Maryland

Notice of Final Action

[19-272-F]

On February 26, 2020, the Maryland Real Estate Commission adopted at their regular meeting amendments to Regulation .01 under COMAR 09.11.07 Code of Ethics. This action, which was proposed for adoption in 46:26 Md. R. 1176—1177 (December 20, 2019), has been adopted as proposed.

Effective Date: December 28, 2020.

JOHN NICHOLAS D’AMBROSIA
Chair
Real Estate Commission

 

Title 21
STATE PROCUREMENT REGULATIONS

Subtitle 11 SOCIOECONOMIC POLICIES

Notice of Final Action

[20-116-F]

On November 24, 2020, the Secretary of Labor adopted:

(1) New Regulations .01—.11 under COMAR 21.11.13 State Apprenticeship Training Fund—Capital Construction Projects;

(2) The recodification of existing Regulations .01—.10 under COMAR 21.11.13 Veteran-Owned Small Business Enterprises to be Regulations .01—.10 under COMAR 21.11.14 Veteran-Owned Small Business Enterprises; and

(3) The recodification of existing Regulations .01—.03 under COMAR 21.11.14 American-Manufactured Goods and Services — Preference to be Regulations .01—.03 under COMAR 21.11.15 American-Manufactured Goods and Services — Preference.

This action, which was proposed for adoption in 47:14 Md. R. 689—691 (July 6, 2020), has been adopted with the nonsubstantive changes shown below.

Effective Date: December 28, 2020.

Attorney General's Certification

In accordance with State Government Article, §10-113, Annotated Code of Maryland, the Attorney General certifies that the following changes do not differ substantively from the proposed text. The nature of the changes and the basis for this conclusion are as follows:

COMAR 21.11.13.02: This change does not substantively affect the rights, duties, and obligations of contractors or subcontractors, but clarifies when contractors and subcontractors must comply with the regulations.

 

21.11.13 State Apprenticeship Training Fund—Capital Construction Projects

Authority: State Finance and Procurement Article, §§17-6A-01—17-6A-06, Annotated Code of Maryland

.02 Applicability.

A.—B. (proposed text unchanged)

C. This title is not applicable to any capital construction projects that commenced, in whole or in part, prior to the effective date of these regulations.

TIFFANY P. ROBINSON
Secretary of Labor

 

Title 31
MARYLAND INSURANCE ADMINISTRATION

Subtitle 01 GENERAL PROVISIONS

31.01.02 Emergency Powers

Authority: Health-General Article, §19-706; Insurance Article, §2-115; Annotated Code of Maryland

Notice of Final Action

[20-153-F]

On December 2, 2020, the Insurance Commissioner adopted amendments to Regulations .02, .03, and .06 under COMAR 31.01.02 Emergency Powers. This action, which was proposed for adoption in 47:20 Md. R. 878—880 (September 25, 2020), has been adopted as proposed.

Effective Date: December 28, 2020.

KATHLEEN A. BIRRANE
Insurance Commissioner

 

Title 33
STATE BOARD OF ELECTIONS

Subtitle 19 SAME DAY REGISTRATION AND ADDRESS CHANGES

33.19.02 Public Notice

Authority: Election Law Article, §§2-102(b)(4), 2-202(b), 3-305(d) and (e), and 3-306(d) and (e), Annotated Code of Maryland

Notice of Final Action

[20-148-F]

On December 4, 2020, the State Board of Elections adopted amendments to Regulation .01 under COMAR 33.19.02 Public Notice. This action, which was proposed for adoption in 47:19 Md. R. 853—854 (September 11, 2020), has been adopted as proposed.

Effective Date: December 28, 2020.

LINDA H. LAMONE
State Administrator of Elections

 

Withdrawal of Regulations


 

Title 13A
STATE BOARD OF EDUCATION

Subtitle 03 GENERAL INSTRUCTIONAL PROGRAMS

13A.03.02 Graduation Requirements for Public High Schools in Maryland

Authority: Education Article, §§2-205, 7-203, 7-205, and 7-205.1, Annotated Code of Maryland

Notice of Withdrawal

[19-238-W]

Pursuant to State Government Article, §10-116(b), Annotated Code of Maryland, notice is given that the proposal to amend Regulations .02, .03, .06—.10, and .12 under COMAR 13A.03.02 Graduation Requirements for Public High Schools in Maryland, which was published in 46:24 Md. R. 1108—1111 (November 22, 2019), has been withdrawn by operation of law.

GAIL S. KLAKRING
Administrator
Division of State Documents

 

Proposed Action on Regulations

 


Title 09
MARYLAND DEPARTMENT OF LABOR

Subtitle 22 BOARD OF COSMETOLOGISTS

09.22.01 General Regulations

Authority: Business Occupations and Professions Article, Title 5, Annotated Code of Maryland

Notice of Proposed Action

[20-204-P]

The Board of Cosmetologists proposes to amend Regulation .11 under COMAR 09.22.01.11 General Regulations. This action was considered at a public meeting of the Board of Cosmetologists held on November 2, 2020.

Statement of Purpose

The purpose of this action is to allow for the use of a head mannequin for the practical portion of the esthetician examination.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Erica Lewis, Executive Director, Board of Cosmetology, Department of Labor, 500 N. Calvert Street, Baltimore, MD 21202, or call 410-230-6193, or email to erica.lewis@maryland.gov, or fax to 410-333-6314. Comments will be accepted through January 19, 2021. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by Board of Cosmetologists during a public meeting to be held on February 3, 2020, at 10:30 a.m., via conference call. The telephone number for the conference call will be published on the Board’s website.

.11 Examinations.

A.—B. (text unchanged)

C. Requirements for Taking Examination.

(1)—(3) (text unchanged)

(4) A candidate taking the practical portion of an examination shall:

(a)—(c) (text unchanged)

(d) If taking the esthetician examination[, be]:

(i) Be accompanied by a live model who is 16 years old or older; [and] or

(ii) Appear with a mannequin head; and

(e) (text unchanged)

D.—M. (text unchanged)

RACHEL ALLEN
Chair
Board of Cosmetologists

 

Subtitle 37 WORKFORCE DEVELOPMENT AND ADULT LEARNING

09.37.03 Grant Programs for the Law Enforcement Cadet Apprenticeship Program and the Apprenticeship Career Training Pilot Program for Formerly Incarcerated Individuals

Authority: Labor and Employment Article, §§11-603 and 11-604, Annotated Code of Maryland

Notice of Proposed Action

[20-205-P]

     The Division of Workforce Development and Adult Learning proposes to adopt new Regulations .01—.09 under a new chapter, COMAR 09.37.03 Grant Programs for the Law Enforcement Cadet Apprenticeship Program and the Apprenticeship Career Training Pilot Program for Formerly Incarcerated Individuals.

Statement of Purpose

The purpose of this action is to define the requirements of the grant programs for the Law Enforcement Cadet Apprenticeship Program and the Apprenticeship Career Training Pilot Program for Formerly Incarcerated Individuals.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. Businesses, employers, and law enforcement agencies have the ability to apply for funding that will offset costs that are associated with hiring and registering apprentices. These two grant programs promote growth in apprenticeship opportunities for the law enforcement and construction industries. This funding gives businesses, employers. and law enforcement agencies the ability to target populations they may not have otherwise considered, such as the individuals who were formerly incarcerated.

The regulations require grant administration, program oversight, and monitoring from the Maryland Department of Labor.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency:

NONE

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

NONE

E. On other industries or trade groups:

(+)

Up to 400,000

F. Direct and indirect effects on public:

NONE


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

E. Registered Apprenticeship employers can apply for a maximum of $400,000 in a fiscal year for the Law Enforcement Cadet Apprenticeship Program or maximum of $25,000, limited to $1,000 per apprentice employed in a fiscal year for the Apprenticeship Career Training Pilot Program for Formerly Incarcerated Individuals.

Economic Impact on Small Businesses

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

Businesses and employers have the ability to apply for funding that will offset costs that are associated with hiring and registering apprentices. The program promotes growth in apprenticeship opportunities for the construction industry. This funding gives businesses and employers the agency to target populations they may not have otherwise considered, such as individuals who were formerly incarcerated.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Natalie Clements, Policy Analyst, Division of Workforce Development and Adult Learning, 1100 N. Eutaw Street, Baltimore, MD 21202, or call 410-767-2019, or email to natalie.clements@maryland.gov, or fax to 410-333-5162. Comments will be accepted through January 19, 2021. A public hearing has not been scheduled.

.01 Purpose.

These regulations prescribe the policies, procedures, and authorizations for administering the Law Enforcement Cadet Apprenticeship Program and the Apprenticeship Career Training Pilot Program for Formerly Incarcerated Individuals.

.02 Definitions.

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

B. Terms Defined.

(1) “Act” means Labor and Employment Article, §§11-603 and 11-604, Annotated Code of Maryland, as amended.

(2) “Council” means the Maryland Apprenticeship and Training Council.

(3) “Department” means the Department of Labor.

(4) “Division” means the Division of Workforce Development and Adult Learning.

(5) “Grantee” means an employer to whom an award is made under the terms of this chapter.

(6) “Law enforcement agency” has the meaning set forth in Labor and Employment Article, §11-603(a)(3), Annotated Code of Maryland.

(7) “Program” means the grant programs for the Law Enforcement Cadet Apprenticeship Program and the Apprenticeship Career Training Pilot Program for Formerly Incarcerated Individuals.

(8) “Secretary” means the Secretary of Labor.

.03 Application and Review Procedures.

A. Grant Application.

(1) An applicant may apply for a grant under the Act as set forth in this regulation.

(2) An applicant shall apply to the Department on an application prescribed by the Department.

(3) An applicant shall submit documentation that the Department requires to establish the eligibility of the applicant and apprentice.

B. Review Procedures.

(1) Upon receipt of the grant application and any required documentation, the Department shall review each application to determine whether an applicant will be awarded a grant.

(2) The Secretary may delegate to the Assistant Secretary of the Division or an employee of the Department the authority to review grant applications and supporting documentation.

(3) If a grant application is rejected, the Department shall notify the applicant in writing within 60 days of receipt of the grant application.

(4) The notice of grant rejection shall state the reason the grant was rejected.

(5) An applicant may request reconsideration within 15 days of the date of the notice of grant rejection by filing a request in writing with the Assistant Secretary of the Division.

.04 Grant Monitoring.

The Department may monitor grants and disbursement of grant funds to ensure that grant funds are properly disbursed.

.05 Retention of Grant Records.

A. Grantees shall retain and maintain all records regarding the application for at least 3 years after the final disbursement of grant funds.

B. The records shall be open to the inspections of representatives of the Department during reasonable working hours.

.06 Application Records.

The Department shall ensure that Program guidelines, information and application forms are publicly available on the Department’s website and at its offices.

.07 Waiver.

The Secretary may waive or modify a particular provision of this chapter to the extent that the waiver is not inconsistent with the Act if, in the determination of the Secretary, the application of a regulation in a specific case is inequitable or contrary to the purposes of the Act.

.08 Amount of Law Enforcement Cadet Apprenticeship Program Grant.

The maximum amount that a Law Enforcement Agency may be awarded during a fiscal year may not exceed $400,000.

.09 Amount of Apprenticeship Career Training Pilot Program Grant for Formerly Incarcerated Individuals.

A. The maximum amount that a grantee may be awarded during a fiscal year may not exceed $25,000.

B. Grants may not exceed $1,000 per apprentice employed by a grantee.

TIFFANY P. ROBINSON
Secretary of Labor

 

Title 14
INDEPENDENT AGENCIES

Subtitle 04 MARYLAND TECHNOLOGY DEVELOPMENT CORPORATION

Notice of Proposed Action

[20-203-P]

The Maryland Technology Development Corporation proposes to amend:

(1) Regulation .01 under COMAR 14.04.01 Definitions;

(2) Regulation .05 under COMAR 14.04.02 Investment Programs;

(3) Regulation .05 under COMAR 14.04.06 Maryland Venture Fund;

(4) Regulation .04 under COMAR 14.04.07 Investment Committee; and

(5) Regulations .03 and .05 under COMAR 14.04.08 Stem Cell Research Commission.

Statement of Purpose

The purpose of this action is to update certain statutory references under COMAR 14.04 to Economic Development Article, Title 10, Subtitle 4, Annotated Code of Maryland; to conform to amendments enacted by Ch. 580, Acts of 2020; and to update other obsolete statutory references.

TEDCO receives ongoing, regular information and reporting from any business in which TEDCO or one of its affiliated investment entities has made an investment. Because of these reporting and information requirements, a portfolio company applying for follow-on investment may be required to submit information and documents to TEDCO that TEDCO already has in its possession, creating duplicative submissions and information in the follow-on investment application process. The purpose of this action also is to clarify that the follow-on application process requires portfolio company applicants to submit and verify only information and documents necessary for TEDCO to determine eligibility for investment and to evaluate investment criteria as mandated by COMAR 14.04.01—.07.

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 Jody Sprinkle, Director, Government Relations, Maryland Technology Development Corporation, 7021 Columbia Gateway Drive, Suite 200, Columbia, MD 21046, or call 410-740-9442, or email to rsvp@tedco.md. Comments will be accepted through January 19, 2021. A public hearing has not been scheduled.

 

14.04.01 Definitions

Authority:  Economic Development Article, [§10-409] §§10-409 and 10-4A-27, Annotated Code of Maryland

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) “Act” means Economic Development Article, Title 10, Subtitle 4, Annotated Code of Maryland, and Title 10, Subtitle 4A, Annotated Code of Maryland.

(2)—(16) (text unchanged)

(17) “Investment Committee” has the meaning stated in [§10-401(f)] §10-401(e) of the Act.

(18)—(21) (text unchanged)

(22) “Qualified business” has the meaning stated in [§10-401(h)] §10-401(g) of the Act, except as otherwise stated in this subtitle.

(23)—(29) (text unchanged)

 

14.04.02 Investment Programs 

Authority:  Economic Development Article, [§10-409] §§10-409 and 10-4A-27, Annotated Code of Maryland

.05 Procedures and Guidelines for Investment Decisions.

A. (text unchanged)

B. Application Process.

(1)—(5) (text unchanged)

(6) Follow-On Investments.  To the extent that TEDCO already has information and documents to evaluate eligibility and investment criteria for a follow-on investment, TEDCO may accept a follow-on investment application requiring only the additional information and documents TEDCO needs to make the determinations under §B(2) of this regulation. At the time of the follow-on application and investment, TEDCO shall reconfirm the business’s eligibility as required under this regulation. All information determining eligibility of the business shall be verified as provided under Regulation .04D of this chapter.

C.—F. (text unchanged)

 

14.04.06 Maryland Venture Fund

Authority:  Economic Development Article, [§10-409] §§10-409 and 10-4A-27, Annotated Code of Maryland

.05 Eligibility.

A. (text unchanged)

B. Eligibility for Investment by the Maryland Venture Fund. For the Invest Maryland Program investments that are funded from the allocated designated capital under [§10-481(b)(2)(ii)] §10-4A-09(b)(2)(ii) of the Act, the business shall be a qualified business as defined in [§10-473(n)] §10-4A-01(o) of the Act.

 

14.04.07 Investment Committee

Authority:  Economic Development Article, [§10-408] §§10-408 and 10-4A-27, Annotated Code of Maryland

.04 Standards for Review and Approval of Investments.

A. Responsibilities of the Committee.

(1) (text unchanged)

(2) Monitor Investments. In addition to any other meeting for the purpose of approving an investment under §A(1) of this regulation, the Investment Committee shall meet at least two times per year to review:

(a) Investments in businesses which TEDCO staff has determined are no longer qualified businesses or no longer satisfy [§10-401(h)(1)(i)] §10-401(g)(1)(i) of the Act; and

(b) (text unchanged)

(3)—(4) (text unchanged)

B. (text unchanged)

 

14.04.08 Stem Cell Research Commission

Authority: [Article 83A, §5-2B-03] Economic Development Article, §§10-409 and 10-441, Annotated Code of Maryland

.03 Definitions.

A. (text unchanged)

B. Terms Defined.

[(1) “Act” means Article 83A, §§5-2B-01—5-2B-13, Annotated Code of Maryland.]

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

[(3)] (2) “Commission” means the Stem Cell Research Commission created under [Article 83A, §5-2B-04, Annotated Code of Maryland] §10-431 of the Act.

[(4)] (3)—[(5)] (4) (text unchanged)

[(6)] (5) “Fund” means the Maryland Stem Cell Research Fund created under [Article 83A, §5-2B-03, Annotated Code of Maryland] §10-434 of the Act.

[(7)] (6)—[(11)] (10) (text unchanged)

[(12)] (11) “State-funded stem cell research” means, in addition to the meaning stated in [Article 83A, §5-2B-01(j), Annotated Code of Maryland] §10-429(i) of the Act, stem cell research that receives financial assistance.

[(13)] (12) “Stem cell” has the meaning stated in [Article 83A, §5-2B-01(k), Annotated Code of Maryland] §10-429(j) of the Act.

[(14)] (13) “Unused [in vitro fertilization (IVF)] IVF material” means the unused material described in [Article 83A, §5-2B-10, Annotated Code of Maryland] §§10-438 and 10-439 of the Act.

.05 Financial Assistance Criteria.

The Commission shall consider the following factors in determining whether to award financial assistance to an applicant:

A. The scientific merit of the stem cell research described in the application, taking into account the evaluation, rankings, and recommendations of an independent scientific peer review committee pursuant to [Article 83A, §5-2B-06, Annotated Code of Maryland] §10-435 of the Act;

B.—E. (text unchanged)

TROY A. LeMAILE-STOVALL
Executive Director and Chief Executive Officer

 

Title 16
DEPARTMENT OF JUVENILE SERVICES

Subtitle 16 FIELD SERVICES

16.16.01 Probation and Aftercare Services and Procedures

Authority: Human Services Article, §9-204, Annotated Code of Maryland

Notice of Proposed Action

[20-202-P]

     The Department of Juvenile Services proposes to amend Regulation .03 under COMAR 16.16.01 Probation and Aftercare Services and Procedures.

Statement of Purpose

The purpose of this action is to amend the existing regulation to update terminology, add citations to controlling statutes, remove superfluous language, expand the individuals to whom a case manager is required to explain certain information, repeal a requirement to conduct a supplemental investigation, clarify the required content of transfer and waiver reports, clarify the Departmental process for delivering cases for assignment in transfer and waiver cases, and make technical corrections.

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 Andrew Tress, Policy and Legislation Administrator, Department of Juvenile Services, 217 East Redwood Street, Baltimore, MD 21201, or call 443-504-4619, or email to andrew.tress@maryland.gov. Comments will be accepted through January 19, 2021. A public hearing has not been scheduled.

.03 Court Services Provided by the Department of Juvenile Services.

A. Social History Investigation.

(1) A social history investigation ordered by the court consists of a complete documentation [of the child's and family's background and current situation] concerning the child, the child's family, the child's environment, and other matters relevant to the disposition of the case.

(2) The [juvenile counselor] case manager shall:

(a) Interview the child/family to gather information [(including a check of the child's juvenile record on ASSIST)], including a check of the child’s record in the appropriate Departmental database, and if information from other sources is required, obtain signed consent forms;

(b) Explain the following to the child and those family members [present] participating:

(i)—(vi) (text unchanged)

(vii) [Dispositional alternatives available to the court] Interventions and treatment options available to the court;

(c) (text unchanged)

(d) Secure approval signature for the social history investigation from the [juvenile counselor] case manager supervisor;

(e) Submit social history investigation to the court at least 2 working days before disposition; and

(f) Complete the investigation section on the appropriate [ASSIST form] Departmental database.

[B. Supplemental Investigation.

(1) A supplemental investigation is an update for subsequent court hearings of a previous social history investigation on a child's background.

(2) The juvenile counselor shall:

(a) Review existing background information;

(b) Complete the update as needed;

(c) Secure approval signature from the juvenile counselor supervisor;

(d) Submit investigation to the court at least 2 working days before disposition; and

(e) Complete the investigation section on the appropriate ASSIST form.]

[C.] B. (text unchanged)

[D.] C. Waiver and [Reverse Waiver] Transfer Investigation Hearings and Reports.

(1) The purpose of waiver and [reverse waiver] transfer hearings is to determine whether the juvenile or criminal court will have jurisdiction in a given case[, and for the purpose of these hearings it is assumed that the child committed the alleged offense].

(2) The reports are factual in nature and do not call for conclusions from the [juvenile counselor] case manager.

(3) The [juvenile counselor] case manager shall:

(a) Gather information, including a check of [the child's juvenile record on ASSIST] appropriate Departmental databases, to address the [five] waiver and transfer criteria as provided for in Courts and Judicial Proceedings Article, §3-8A-06, Annotated Code of Maryland, [which are the:] and Criminal Procedure Article, §4-202, Annotated Code of Maryland, respectively, and consistent with the requirements of Courts and Judicial Proceedings, §3-8A-17, Annotated Code of Maryland, in waiver cases, and Criminal Procedure Article, §4-202(e), Annotated Code of Maryland, in transfer cases;

[(i) Age of the child,

(ii) Physical and mental condition of the child,

(iii) Child's amenability to treatment in any institution, facility, or program available to delinquents,

(iv) Nature of the offense and the child's alleged participation in it, and

(v) Public safety;]

[(b) Conclude the report with a recommendation unless otherwise directed by the court;]

[(c)] (b) Proceed as specified in §A(2)(d) [] and §A(2)(f) of this regulation;

[(d)] (c) If the case is sent to the criminal system, terminate the case, or continue supervision in accordance with court requirements; and

[(e)] (d) If the case is transferred to or remains in the juvenile system, deliver the case for assignment.

[E.] D. Disposition Hearing.

(1)—(2) (text unchanged)

(3) The [juvenile counselor] case manager shall complete the disposition section on the appropriate [ASSIST form] Departmental database.

SAM J. ABED

Secretary of Juvenile Services

 

Title 27
CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS

Notice of Proposed Action

[20-206-P]

The Critical Area Commission for the Chesapeake and Atlantic Coastal Bays proposes to:

 (1) Amend Regulation .01 under COMAR 27.01.01 General Provisions;

(2) Amend Regulation .05 under COMAR 27.01.02 Development in the Critical Area;

(3) Amend Regulation .01 under COMAR 27.01.09 Habitat Protection Areas in the Critical Area;

(4) Adopt new Regulations .01—.07 under COMAR 27.01.14 Renewable Energy Generating Systems;

(5) Amend Regulation .01 under COMAR 27.02.01 General Provisions;

(6) Amend Regulations .01 and .02 under COMAR 27.02.04 State or Local Agency Actions Resulting in Major Development on Private Lands or Lands Owned by Local Jurisdictions;

(7) Amend Regulations .02 and .03-3 and adopt new Regulations .15—.15-3 under COMAR 27.02.05 State Agency Actions Resulting in Development on State-Owned Lands;

(8) Amend Regulation .02 under COMAR 27.02.07 Commission Review, Decision Process, and Time Frames; and

(9) Amend Regulation .02 under COMAR 27.02.08 Appeals.

This action was considered by the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays at an open meeting held on November 12, 2020, notice of which was given by publication on the Commission's website at https://dnr.maryland.gov/criticalarea/Pages/Commission.aspx, pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to provide development standards for minor (2 MW or less) and major (greater than 2MW) solar projects in the Critical Area on private lands, State lands, and lands owned by local jurisdictions. The regulations balance the State’s renewable energy goals while providing measures to protect habitat and water quality in the Critical Area. Specifically, the regulations create a mechanism to permit major solar energy generating systems in the resource conservation area without the use of growth allocation; in lieu of this, a reservation of development rights mechanism is required. The regulations apply to all three Critical Area designations (intensely developed areas, limited development areas, and resource conservation areas). The regulations include provisions related to buffer disturbance, forest clearing, habitat protection areas, mitigation, and density provisions for location in the resource conservation area of the Critical Area.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed regulations provide requirements for the development of solar energy generating systems on private lands, State lands, and lands owned by local jurisdictions in the Critical Area. The regulations distinguish between major solar projects and minor solar projects based on megawatts (major are greater than 2 MW, which are typically authorized by the Maryland Public Service Commission, and minor are 2MW or less). Due to the requirements for a reservation of density rights agreement for projects in the resource conservation area, and mitigation requirements for planting, the regulated trade and industry groups will have an increase in expenditures beyond land expenditure in order to reserve density rights during the life of the project, and an increase of expenditures for planting requirements. Other regulated industries and trade groups may see an increase in revenue due to certain planting and mitigation requirements.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency:

NONE

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(1) Development expenditures

(-)

Unknown

(2) Potential planting costs

(-)

Unknown

E. On other industries or trade groups:

Planting requirements

(+)

Unknown

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

D(1). There is an assumption that there will be an increase in the development expenditures for solar energy companies in acquiring land to site major solar energy generating systems in the resource conservation area due to the reservation of development rights requirements required to offset the area used to install their project. However, some local jurisdictions, such as Talbot County, require this for major solar energy projects outside of the Critical Area.

D(2). There can be additional planting costs required for planting 20 percent of the site area for major solar energy projects in the RCA. However, the allowance for not counting solar panels towards lot coverage limits will reduce the costs associated with either requiring a local Critical Area variance (if even approved) or State conditional approval from the Critical Area Commission, or acquiring additional land to comply with the 15 percent lot coverage requirement, as well as the mitigation costs associated with offsetting these lot coverage overages. Therefore, the Commission expects that any additional costs will be mostly offset by these other cost reductions. Additionally, property owners in the RCA will receive additional revenues under this regulation from solar energy generating companies who must acquire reservation of development rights agreements.

E. There is a potential increase in revenues for local landscaping companies who will be able to supply additional landscaping and installation materials to meet the increased planting requirements in the resource conservation area.

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 Lisa A. Hoerger, Regulations Coordinator, Critical Area Commission, 1804 West Street, Suite 100, Annapolis, MD 21401, or call 410-260-3478, or email to lisa.hoerger@maryland.gov, or fax to 410-974-5338. Comments will be accepted through January 19, 2021. A public hearing has not been scheduled.

 

Subtitle 01 CRITERIA FOR LOCAL CRITICAL AREA PROGRAM DEVELOPMENT

27.01.01 General Provisions

Authority: Natural Resources Article, §8-1806, Annotated Code of Maryland

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) — (24) (text unchanged)

(24-1) “Financial assurance” means a performance bond, letter of credit, cash deposit, insurance policy, or other instrument of security acceptable to a local jurisdiction.

(25) — (79) (text unchanged)

 

27.01.02 Development in the Critical Area

Authority: Natural Resources Article, §8-1806, Annotated Code of Maryland

.05 Resource Conservation Areas.

A. — B. (text unchanged)

C. In developing their Critical Area programs, local jurisdictions shall use all of the following criteria for resource conservation areas:

(1) — (7) (text unchanged)

(8) A commercial, institutional, or industrial solar energy generating system may be permitted in accordance with COMAR 27.01.14.

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

D. (text unchanged)

 

27.01.09 Habitat Protection Areas in the Critical Area

Authority: Natural Resources Article, §8-1806, Annotated Code of Maryland

.01 Buffer.

A. (text unchanged)

B. Terms Defined.

(1) — (5) (text unchanged)

[(6) “Financial assurance” means a performance bond, letter of credit, cash deposit, insurance policy, or other instrument of security acceptable to a local jurisdiction.]

[(6-1)] (6) — [(6-2)] (6-1) (text unchanged)

(7) — (20) (text unchanged)

C. — E. (text unchanged)

 

27.01.14 Renewable Energy Generating Systems

Authority: Natural Resources Article, §8-1806 (b), Annotated Code of Maryland

.01 Definitions.

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

B. Terms Defined.

(1) “Energy generating system” has the meaning stated in the Land Use Article, §4-211, Annotated Code of Maryland.

(2) Major Solar Energy Generating System.

(a) “Major solar energy generating system” means an energy generating system that derives energy from the sun to produce more than two megawatts of electricity.

(b) “Major solar energy generating system” includes multiple minor solar energy generating systems that are located on the same parcel that collectively produce more than two megawatts of electricity.

(3) Minor Solar Energy Generating System.

(a) “Minor solar energy generating system” means an energy generating system that derives energy from the sun to produce two megawatts or less of electricity.

(b) “Minor solar energy generating system” does not include a small residential accessory solar energy generating system.

(4) “Planting plan” means a narrative, graphic description, or plan of an area when planting is required for mitigation, on-site or off-site plantings, or under solar panels.

(5) Project Area.

(a) “Project area” means the total area within the limits of disturbance inside the Critical Area of a solar energy generating system.

(b) “Project area” includes:

(i) A parcel or portions of parcels within the limits of disturbance inside the Critical Area, whether or not those parcels are contiguous;

(ii) The components of a solar energy generating system listed in §B(9)(b)(i) of this regulation; and

(iii) Any required roads, internal access ways, transmission infrastructure, fencing, or improvements accessory to the solar energy generating system.

(6) “Reservation of resource conservation area density rights” means withholding a certain number of density rights that are attributable to a lot or parcel that prevents them from being used for development for a specified period of time.

(7) “Reservation of Resource Conservation Area Density Rights Agreement” means a legal instrument recorded among the land records and approved by the local jurisdiction, restricting land development within a defined area in the resource conservation area and for a specified period of time.

(8) Small Residential Accessory Solar Energy Generating System.

(a) “Small residential accessory solar energy generating system” means an energy generating system that derives energy from the sun to produce electricity to support the principal use on a residential property on the same lot or parcel as the principal use.

(b) “Small residential accessory solar energy generating system” includes an energy generating system that delivers electricity to a power grid and complies with the laws of the State of Maryland.

(9) Solar Energy Generating System.

(a) “Solar energy generating system” means an energy generating system that derives energy from the sun to produce electricity.

 (b) “Solar energy generating system” includes:

(i) A land use that uses solar collectors, panels, controls, energy storage devices, heat pumps, heat exchangers, and other materials, hardware, or equipment to produce electricity; and

(ii) Any term used by a local jurisdiction for a solar application that proposes to construct a solar energy generating system such as a solar energy system utility scale, solar energy system utility scale on farms, utility scale solar array, solar power plant, solar energy system large scale, solar energy system medium scale, solar array, power generating facilities, solar facilities, solar energy system grid connected, and solar energy generating facility commercial.

(c) “Solar energy generating system” does not include an energy storage device or facility where the device or facility operates independently of, is separate from, and the primary purpose of which does not include supporting the solar energy generating system within the Critical Area.

(10) “Wetland migration area” means an area that will likely be suitable for future wetland establishment in response to a change in sea level.

.02 Authority of the Public Service Commission; Applicability.

A. The provisions of this chapter may not be construed to limit the authority of the Public Service Commission under Public Utilities Article, §7-207, Annotated Code of Maryland.

B. The requirements of this chapter are applicable to major, minor, and small residential accessory solar energy generating systems.

.03 General Provisions.

A. On or after April 1, 2021, a local jurisdiction may authorize:

(1) A major or minor solar energy generating system within the Critical Area in accordance with Regulation .04 of this chapter;

(2) A major solar energy generating system in the resource conservation area without growth allocation in accordance with Regulation .05 of this chapter; and

(3) A small residential accessory solar energy generating system in the buffer or in a modified buffer area if:

(a) There is not an alternative location outside the buffer;

(b) The lot is 1/4 acre or less in size and created before local program approval; and

(c) Provided mitigation is required at a 1:1 ratio.

B. On or after April 1, 2021, a local jurisdiction:

(1) Notwithstanding existing local standards and procedures, shall apply the provisions of this chapter; or

(2) Except for the growth allocation provision in §D of this regulation, the lot coverage provision in Regulation .04B of this chapter, and the forest conservation and planting plan provisions in Regulation .04D and F of this chapter, may adopt alternative procedures and requirements if:

(a) The alternative procedures and requirements are as least as effective as the Critical Area program under Natural Resource Article, Title 8, Subtitle 18, Annotated Code of Maryland, regulations adopted under the authority of that subtitle, and any additional requirements of the local program; and

(b) The Commission has approved those alternative procedures and requirements.

C. A local jurisdiction may authorize a major and minor solar energy generating system in a modified buffer area in accordance with a local Critical Area program provided the project is located over existing legally developed lot coverage as described in Natural Resources Article, §8-1808.3, Annotated Code of Maryland.

D. In addition to meeting the requirements of this chapter, a local jurisdiction may not authorize a growth allocation to accommodate a major or a minor solar energy generating system in the limited development area or the resource conservation area.

E. Except for a regulated activity that is authorized by the Maryland Department of the Environment in accordance with COMAR 26.23.02, a local jurisdiction may not authorize a major or minor solar energy generating system:

(1) In a habitat protection area designated under COMAR 27.01.09; or

(2) On a steep slope or a highly erodible soil.

F. Unless authorized under an approved Critical Area program in accordance with §B(2) of this regulation, a local jurisdiction may not authorize a variance, modification, waiver, or other local procedure or approval that alters the requirements of this chapter.

G. For a major solar energy generating system, a local jurisdiction shall require a site plan that includes the information listed on the Solar Energy Generating Facility Site Plan Checklist provided by the Commission to ensure compliance with the requirements of this chapter.

H. A local jurisdiction may require a site plan for a minor solar energy generating system.

.04 Criteria for a Solar Energy Generating System.

A. Except for a small residential accessory solar energy generating system as provided in Regulation .03 of this chapter, the provisions of this regulation are applicable to a major and minor solar energy generating system in an intensely developed area, a limited development area, and a resource conservation area.

B. A local jurisdiction shall not count the area of a solar panel as lot coverage and:

(1) For a minor solar energy generating system, the solar panel is:

(a) Located over existing, legally developed lot coverage as described in Natural Resources Article, §8-1808.3, Annotated Code of Maryland; or

(b) Elevated above the ground and the area under the solar panel is maintained as an area of existing grass, established grass, or other natural vegetation, or as an agricultural use; and

(2) For a major solar energy generating system, the solar panel is:

(a) Located over existing, legally developed lot coverage as described in Natural Resources Article, §8-1808.3, Annotated Code of Maryland; or

(b) Elevated above the ground and the area under the solar panel is maintained in accordance with the planting plan requirements of Regulation .06 of this chapter as:

(i) Pollinator habitat;

(ii) Native vegetation other than pollinator habitat; or

(iii) An agricultural use.

C. A local jurisdiction shall require the following minimum standards for the buffer as defined in COMAR 27.01.01.01:

(1) Measure and delineate the buffer in accordance with COMAR 27.01.09.01E(3)—(7);

(2) Unless there is no feasible alternative, prohibit access through the buffer to the project area; and

(3) When there is no feasible alternative to access through the buffer, authorize one point of access through the buffer to the project area, or where a project includes noncontiguous parcels, minimize the number of access points through the buffer if:

(a) The disturbance inside the buffer is replanted at a 2.5:1 ratio; and

(b) A buffer management plan is required in accordance with COMAR 27.01.09.01-3.

D. Except when a project area is in an intensely developed area, a local jurisdiction shall minimize the clearing of forest and developed woodlands and not exceed the following standards:

(1) In a limited development area, limit clearing of forest and developed woodlands to 20 percent of the entirety of the forest and developed woodlands on the parcel or parcels on which the project area is located; and

(2) In a resource conservation area, limit clearing of forest to 10 acres or 20 percent of the entirety of the forest and developed woodlands on the parcel or parcels on which the project area is located, whichever is less.

E. A local jurisdiction shall require replacement of cleared forest and developed woodlands on an equal area basis.

F. For a major solar energy generating system, a local jurisdiction shall require on-site or off-site planting in accordance with the following:

(1) 15 percent of the total project area in a limited development area; and

(2) 20 percent of the total project area in a resource conservation area.

G. A local jurisdiction shall require a planting plan for mitigation in accordance with Regulation .06 of this chapter.

H. A local jurisdiction shall require stormwater management in accordance with Environment Article, §§4-201—4-215, Annotated Code of Maryland, and COMAR 26.17.02.

I. Except for a small residential accessory solar energy generating system, a local jurisdiction shall require a decommissioning plan if one is not otherwise required as a result of obtaining a Certificate of Public Convenience and Necessity from the Public Service Commission.

.05 Criteria for a Major Solar Energy Generating System in the Resource Conservation Area.

A. In addition to the requirements of this regulation, a local jurisdiction shall also apply the standards under Regulation .04 of this chapter when authorizing a major solar energy generating system in the resource conservation area.

B. Except for access allowed in accordance with Regulation .04C of this chapter and in accordance with the provisions in COMAR 27.01.06, a local jurisdiction shall restrict forest clearing within 300 feet beyond the landward boundary of tidal waters or tidal wetlands, or the edge of each bank of a tributary stream.

C. In addition to any applicable local land recordation requirements, a local jurisdiction shall record a Reservation of Resource Conservation Area Density Rights Agreement in accordance with §§D and E of this regulation.

D. The number of density rights reserved is equal to:

(1) The permitted density associated with the project area of each parcel as calculated under Natural Resources Article, §8-1808.1(e), Annotated Code of Maryland, and COMAR 27.01.02.05C(4); and

(2) The number of density rights that are attributable to the project area, with a minimum of one density right reserved.

E. The Reservation of Resource Conservation Area Density Rights Agreement shall remain in effect until:

(1) The decommissioning plan, as required in Regulation .04 of this chapter, has been implemented and completed; and

(2) A local government confirms the implementation of the decommissioning plan is complete and the termination of the Reservation of Resource Conservation Area Density Rights Agreement is reflected in the land records.

F. The remaining land unencumbered by the solar energy generating system or lands not otherwise restricted by the Reservation of Resource Conservation Area Density Rights Agreement may be developed in accordance with Natural Resources Article, §8-1808.1, Annotated Code of Maryland, and COMAR 27.01.02.05C(4).

G. A lot, a parcel, or a portion of a lot or parcel is not eligible for a major solar energy generating system if the density rights associated with that lot, parcel, or portion of a lot or parcel have been:

(1) Utilized for an intrafamily transfer;

(2) Transferred through a transfer of development rights program;

(3) Preserved or conserved through an easement; or

(4) Otherwise reserved in association with an area of land to be utilized for the solar energy generating system.

H. A local jurisdiction may propose alternatives to a Reservation of Resource Conservation Area Density Rights Agreement in the resource conservation area if the local jurisdiction submits those standards to the Commission and they are approved as part of a local Critical Area program. The standards may include:

(1) A transfer of development rights program; or

(2) A permanent restriction of development rights of other lands that proffer water quality and habitat benefits such as wetland migration areas.

.06 Planting Plan Requirements.

A. Based on the constraints and opportunities presented by a project area, a local jurisdiction shall select from the following options to address the requirements for a planting plan in Regulation .04D and F of this chapter:

(1) Plant on-site in one of the following planting areas:

(a) The area within 300 feet beyond the landward boundary of tidal waters or tidal wetlands, or the edge of each bank of a tributary stream;

(b) Contiguous to or within a designated forest interior dwelling bird habitat; or

(c) A wildlife corridor;

(2) If a local jurisdiction has in a place an agreement with the Commission:

(a) Plant off-site in accordance with the options specified in §A(1) of this regulation;

(b) Create a wetland migration area, nonstructural shoreline erosion control project, or other nature-based practice that naturally adjusts to changing environmental conditions through the lifespan of the practice and is designed to address future sea level rise, precipitation-induced flooding, or other climate change impacts;

(c) Create, restore, or enhance a nontidal wetland that results in habitat and water quality benefits provided it is authorized by the Maryland Department of the Environment; or

(d) Propose alternative mitigation options that include provisions for Commission review; or

(3) Collect a fee in lieu in accordance with Regulation .07 of this chapter.

B. A local jurisdiction shall ensure that any general landscape screening requirements for an energy generating system are not included as part of the mitigation planting required in Regulation .04 of this chapter.

C. A local jurisdiction shall require a planting plan for:

(1) The area under the solar panels; or

(2) Replanting required in Regulation .04D and F of this chapter.

D. A local jurisdiction shall ensure long-term maintenance of the plantings through financial assurance measures.

E. A local jurisdiction shall require that all planting is in accordance with local reforestation and planting plan requirements, including protecting all planted areas through conservation easements, restrictive covenants, or other protective instruments.

.07 Fee In Lieu.

A local jurisdiction shall:

A. Collect at least $1.50 per square foot of mitigation as required in Regulation .06 of this chapter;

B. Ensure the fee is adequate to cover the cost associated with administration, acquisition, planting, monitoring, and maintenance for the required mitigation or required planting requirements of Regulation .04D and F of this chapter;

C. Establish a separate account independent of other Critical Area funds, which may not revert to a local jurisdiction’s general fund, for the collection of the fee in lieu;

D. Prohibit the use of the fees to meet other landscaping requirements; and

E. Use the fees to accomplish:

(1) Off-site plantings in accordance with the options provided in Regulation .06A(1) of this chapter; or

(2) Other water quality and habitat enhancement projects provided in Regulation .06A(2) of this chapter, and as described in a local Critical Area program approved by the Commission or in an agreement between the local jurisdiction and the Commission.

 

Subtitle 02 DEVELOPMENT IN THE CRITICAL AREA RESULTING FROM STATE AND LOCAL AGENCY PROGRAMS

27.02.01 General Provisions

Authority: Natural Resources Article, §§8-1806, 8-1808.4(a), and 8-1814, Annotated Code of Maryland

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) — (17) (text unchanged)

(17-1) “Energy generating system” has the meaning stated in Land Use Article, §4-211, Annotated Code of Maryland.

(18) — (50) (text unchanged)

(50-1) “Solar energy generating system” has the meaning stated in COMAR 27.01.14.01.

(52) (text unchanged)

(53) State and Local Agency Actions.

(a) "State and local agency actions" means [the following:

(i) Any] any direct action, including an action undertaken by a private sponsor on behalf of a State or local agency, such as construction, that causes development to occur[;].

[(ii)] (b)”State and local agency actions” includes:

(i) The issuance of a Certificate of Public Convenience and Necessity by the Maryland Public Service Commission [which allows the construction of a power plant] that results in development within the Critical Area;

[(iii)] (ii) (text unchanged)

[(b)] (c) "State and local agency actions" do not include the following:

(i) (text unchanged)

(ii) Actions causing development which are subject to approval under a Critical Area program by the local agency responsible for implementation of that program; or

(iii) (text unchanged)

(54) — (65) (text unchanged)

 

27.02.04 State or Local Agency Actions Resulting in Major Development on Private Lands or Lands Owned by Local Jurisdictions

Authority: Natural Resources Article, §8-1814, Annotated Code of Maryland

.01 Definition.

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

B. Terms Defined.

(1) "Major development" means development of a scale that may cause State-wide, regional, or inter-jurisdictional, environmental or economic effects in the Critical Area, or which may cause substantial impacts on the Critical Area program of a local jurisdiction. This development includes[, but is not limited to,] airports, power plants, major solar energy generating systems, wastewater treatment plants, highways, regional utility transmission facilities, prisons, hospitals, public housing projects, public beaches, and intensely developed park and recreation facilities, and any development or project authorized by the Public Service Commission under a Certificate of Public Convenience and Necessity.

(2) “Reservation of Resource Conservation Area Density Rights Agreement” has the meaning stated in COMAR 27.01.14.01.

.02 Criteria.

A. (text unchanged)

B. If the siting of [this] a major development [in] within the Critical Area is unavoidable because of water dependency or other locational requirements that cannot be satisfied outside the Critical Area, the State or local agency responsible for the development, or the agency proposing a capital project, [or the private sponsor,] shall seek approval for the development from the Commission.

C. In seeking approval, the agency [or the private sponsor] shall submit the following information to the Commission:

(1) Findings, supported by adequate documentation, showing the extent to which the [project or] development is consistent with the provisions and requirements of the Critical Area program of the local jurisdiction within which it is located; and

(2) An evaluation of the effects of the [project] development on the Critical Area program of the local jurisdiction, or jurisdictions, within which it is located, including any effects on the jurisdiction's growth allocation as described in COMAR 27.01.02.06.

D. — F. (text unchanged)

G. When the Public Service Commission is reviewing an application for a Certificate of Public Convenience and Necessity for development within the Critical Area, the Commission or the Commission Chairman shall:

(1) Review the Critical Area impacts to ensure the development meets the requirements of COMAR 27.01 and COMAR 27.02;

(2) Provide comments on the Critical Area impacts to the Power Plant Research Program and request the comments be incorporated as recommended conditions to the Public Service Commission; and

(3) Forward comments to the affected local jurisdictions.

H. A major solar energy generating system proposed by a private sponsor in the resource conservation area requires a Reservation of Resource Conservation Area Density Rights Agreement in accordance with COMAR 27.01.14.05.

I. A major solar energy generating system proposed by a local agency on locally owned lands in the resource conservation area does not require reservation of development rights or recordation of a Reservation of Resource Conservation Area Density Rights Agreement in accordance with COMAR 27.01.14.05

 

27.02.05 State Agency Actions Resulting in Development on State-Owned Lands

Authority: Natural Resources Article, §§8-1806 and 8-1814, Annotated Code of Maryland

.02 Commission Review.

A. If the action of a State agency will result in development in the Critical Area, the agency, as soon as practicable in the planning process, shall consult with the Commission regarding an assessment of:

(1) The requirements under Regulations .03—[.14] .15 of this chapter and the likely effects of these requirements on a development project, including the fee simple acquisition or disposal of land in the Critical Area; and

(2) (text unchanged)

B. — C. (text unchanged)

D. In its development proposal under §C of this regulation, an agency shall submit, at a minimum:

(1) (text unchanged)

(2) Findings that the development project complies with all requirements under Regulations .03—[.14] .15 of this chapter, as applicable;

(3) — (4) (text unchanged)

E. — G. (text unchanged)

.03-3 Development in a Resource Conservation Area.

A. — D. (text unchanged)

E. A State agency may locate any commercial, institutional, or industrial solar energy generating system in a resource conservation area in accordance with Regulation .15 of this chapter.

.15 Solar Energy Generating Systems.

A. Definitions.

(1) In this chapter, the following words have the meanings indicated.

(2) Terms Defined.

(a) “Major solar energy generating system” has the meaning stated in COMAR 27.01.14.01.

(b) “Minor solar energy generating system” has the meaning stated in COMAR 27.01.14.01.

(c) “Planting plan” has the meaning stated in COMAR 27.01.14.01.

(d) “Project area” has the meaning stated in COMAR 27.01.14.01.

(e) “Solar energy generating system” has the meaning stated in COMAR 27.01.14.01.

(f) “Wetland migration area” has the meaning stated in COMAR 27.01.14.01.

B. Authority of the Public Service Commission; Applicability.

(1) The provisions of this regulation may not be construed to limit the authority of the Public Service Commission under Public Utilities Article, §7-207, Annotated Code of Maryland.

(2) The requirements of this regulation are applicable to major and minor solar energy generating systems.

C. General Provisions.

(1) A State agency may locate a solar energy generating system constructed or established in the Critical Area in accordance with Regulation .15-1 of this chapter.

(2) A State agency may locate a major solar energy generating system in the resource conservation area in accordance with Regulation .15-2 of this chapter.

(3) A State agency may locate a solar energy generating system in a modified buffer area provided the project is located over existing, legally developed lot coverage as described in Natural Resources Article, §8-1808.3, Annotated Code of Maryland.

(4) Except for a regulated activity that is authorized by the Maryland Department of the Environment in accordance with COMAR 26.23.02, a State agency may not locate a solar energy generating system:

(a) In a habitat protection area designated under COMAR 27.01.09; or

(b) On a steep slope or a highly erodible soil.

.15-1 General Criteria for a Solar Energy Generating System.

A. The provisions of this section are applicable to a solar energy generating system in an intensely developed area, a limited development area, and a resource conservation area.

B. The area of a solar panel shall not count as lot coverage and:

(1) For a minor solar energy generating system, the solar panel is:

(a) Located over existing, legally developed lot coverage as described in Natural Resources Article, §8-1808.3, Annotated Code of Maryland; or

(b) Elevated above the ground and the area under the solar panel is maintained as an area of existing grass, established grass, or other natural vegetation; and

(2) For a major solar energy generating system the solar panel is:

(a) Located over existing, legally developed lot coverage as described in Natural Resources Article, §8-1808.3, Annotated Code of Maryland; or

(b) Elevated above the ground and the area under the panel is maintained in accordance with the planting plan requirements of Regulation .15-3 of this chapter as:

(i) Pollinator habitat;

(ii) Native vegetation other than pollinator habitat; or

(iii) An agricultural use.

C. In accordance with COMAR 27.02.01.01, a State agency shall:

(1) Measure and delineate the buffer in accordance with COMAR 27.01.09.01E(3)—(7);

(2) Unless there is no feasible alternative, limit access through the buffer to the project area; and

(3) When there is no feasible alternative to access through the buffer, locate one point of access through the buffer to the project area, or where a solar energy generating system includes noncontiguous parcels, minimize the number of access points through the buffer and:

(a) Replant at a 2.5:1 ratio for disturbance inside the buffer; and

(b) Submit a buffer management plan in accordance with COMAR 27.01.09.01-3.

D. Except when a project area is in an intensely developed area, a State agency shall minimize the clearing of forest and developed woodlands and not exceed the following standards:

(1) In a limited development area, limit clearing of forest and developed woodlands to 20 percent of the entirety of the forest and developed woodlands in the project area; and

(2) In a resource conservation area, limit clearing of forest and developed woodlands to 10 acres or 20 percent of the entirety of the forest and developed woodlands in the project area, whichever is less.

E. A State agency shall replace cleared forest and developed woodlands on an equal area basis.

F. For a major solar energy generating system, a State agency shall provide on-site or off-site planting in accordance with the following:

(1) 15 percent of the total project area in a limited development area; and

(2) 20 percent of the total project area in a resource conservation area.

G. A State agency shall submit a planting plan for mitigation and on-site or off-site planting in accordance with Regulation .15-3 of this chapter.

H. A State agency shall provide stormwater management in accordance with Environment Article, §§4-201—4-215, Annotated Code of Maryland, and COMAR 26.17.02.

I. A State agency shall provide a decommissioning plan if one is not otherwise required as a result of obtaining a Certificate of Public Convenience and Necessity from the Public Service Commission.

J. A State agency shall submit a site plan that includes the information listed on the Solar Energy Generating Facility Site Plan Checklist provided by the Commission to ensure compliance with the requirements of this regulation.

.15-2 Criteria for a Major Solar Energy Generating System in the Resource Conservation Area.

In addition to the requirements of Regulation .15-1 of this chapter, a State agency may locate a solar energy generating system in the resource conservation area if a State agency:

A. Except for access allowed in accordance with Regulation .15-1C(2) of this chapter and in accordance with the provisions of Regulation .07 of this chapter, restricts forest clearing within 300 feet beyond the landward boundary of tidal waters or tidal wetlands, or the edge of each bank of a tributary stream; and

B. Provides an assessment to demonstrate compliance with the climate resilient applications in Regulation .03B(9), C, and D of this chapter.

.15-3 Planting Plan Requirements.

A. Based on the constraints and opportunities presented by a project area, a State agency shall select from the following options to address the planting plan requirements of Regulation .15-1D and F of this chapter:

(1) Plant on-site in one of the following planting areas:

(a) The area within 300 feet beyond the landward boundary of tidal waters or tidal wetlands, or the edge of each bank of a tributary stream;

(b) Contiguous to or within a designated forest interior dwelling bird habitat; or

(c) A wildlife corridor; or

(2) If approved by the Commission:

(a) Plant off-site and the planting options are in accordance with §A(1) of this regulation;

(b) Create a wetland migration area, nonstructural shoreline erosion control project, or other nature-based practice that naturally adjusts to changing environmental conditions through the lifespan of the practice and is designed to address future sea level rise, precipitation-induced flooding, or other climate change impacts;

(c) Create, restore, or enhance a nontidal wetland that results in habitat and water quality benefits provided it is authorized by the Maryland Department of the Environment; or

(d) Propose alternative mitigation options for Commission review.

B. A State agency shall ensure that any general landscape screening requirements for construction of an energy generating system are not included as part of the mitigation or on-site or off-site planting required in Regulation .15-1 of this chapter.

C. A State agency shall require a planting plan for:

(1) The area under the solar panels; or

(2) Replanting required in Regulation .15-1D and F of this chapter.

D. A State agency shall ensure long-term maintenance of the plantings.

 

27.02.07 Commission Review, Decision Process, and Time Frames

Authority: Natural Resources Article, §8-1814, Annotated Code of Maryland

.02 Review Procedures.

A. For the purpose of reviewing the development proposals listed in Regulation .01 of this chapter, [above,] the Commission may establish panels, pursuant to Regulation .03 of this chapter, [below,] or it may undertake [these] reviews by the full Commission.

B. — D. (text unchanged)

E. [For purposes of reviewing applications for power plants in the Critical Area, the Commission shall hold joint hearings, as appropriate, with the Public Service Commission. The Critical Area Commission may establish a panel for this purpose as provided for in Regulation .03, below.] For purposes of reviewing an application for a Certificate of Public Convenience and Necessity in the Critical Area the following apply:

(1) In accordance with Public Utilities Article, §3-106, Annotated Code of Maryland, the Chairman may request to become a party in a proceeding before the Public Service Commission and shall provide notice to the Commission; and

(2) The Chairman shall review an application in accordance with COMAR 27.02.04.02G.

F. The Chairman may refer an application to the Commission for review, including for:

(1) A Certificate of Public Convenience and Necessity; and

(2) A State minor solar energy generating system in the Critical Area.

G. The Chairman shall refer to the Commission an application for a State or local major solar energy generating system in the Critical Area in the resource conservation area.

 

27.02.08 Appeals

Authority: Natural Resources Article, §8-1814, Annotated Code of Maryland

.02 Appeals from Commission Disapproval of Proposed Development.

A. Pursuant to COMAR 27.02.03.01A, 27.02.04.02E, and 27.02.05.02D, a State or local agency [or private sponsor] whose proposal for development has been disapproved by the Commission may appeal the disapproval to the full Commission for reconsideration, within 30 days of receipt of the Commission's decision.

B. — C. (text unchanged)

CHARLES C. DEEGAN
Chairman
Critical Area Commission for the Chesapeake
 and Atlantic Coastal Bays

 

 

Special Documents


 

MARYLAND DEPARTMENT OF HEALTH/OFFICE OF HEALTH SERVICES

MARYLAND MEDICAID ENTERAL SUPPLIES REIMBURSEMENT

The Maryland Department of Health proposed to amend its State Plan to increase the Maryland Medicaid reimbursement rates for enteral and parenteral therapy supplies. For dates of service beginning February 1, 2021, Maryland Medicaid will increase provider reimbursement for enteral and parenteral therapy supplies from 80 percent of the January 2020 Medicare rates to 85 percent of the July 2013 Medicare rates. This rate change represents an estimated $1,049,262 increase in total funds (50% percent state funds, $524,631; 50% percent federal funds, $524,631).

Copies of the proposed changes are available for public review at the local health department in each county and in Baltimore City. Written comments may be sent to Katia Fortune by email at katia.fortune@maryland.gov. Comments will be accepted through January 18, 2021.

The fee schedule showing the rates per unit for Enteral supplies is below:

 

HCPCS Code

HCPCS Unit

Per Unit Rate

B4034

1 item

$5.19

B4035

1 item

$9.90

B4036

1 item

$6.80

B4081

1 item

$18.37

B4082

1 item

$13.66

B4083

1 item

$2.10

B4087

1 item

$30.32

B4088

1 item

$107.11

B4220

1 item

$7.65

B4222

1 item

$9.44

B4224

1 item

$22.69

B9002

1 item

$1,041.91

B9004

1 item

$2,411.31

B9006

1 item

$2,411.31

B9998 Y/6mos

1 item

$249.90

B9999

1 item

$249.90

 

[20-26-15]

 

MARYLAND HEALTH CARE COMMISSION

AVERAGE ANNUAL CHRONIC HOSPITAL OCCUPANCY RATES BY JURISDICTION AND FACILITY: MARYLAND, FISCAL YEARS 2018 — 2020

 

Jurisdiction/Facility

Average Annual Bed Occupancy Rate (%)

FY 2018

FY 2019

FY 2020

Baltimore City

 

 

 

  Johns Hopkins Bayview Medical Center

29.7

24.8

11.9

  Levindale Hebrew Geriatric Center and Hospital 

91.6

90.1

85.0

  UM Medical Center Midtown Campus

21.1

25.1

32.7

  UM Rehabilitation & Orthopedic Institute

57.3

42.5

42.2

Prince George’s County

 

 

 

  UM Laurel Regional Hospital

16.8

-

-

  UM Prince George’s Hospital Center

-

31.9

51.8

 

 

 

 

SUBTOTAL:  Private Chronic Hospitals

47.6

47.7

47.0

 

 

 

 

Washington County

 

 

 

  Western Maryland Hospital Center

23.8

17.3

13.7

Wicomico County

 

 

 

  Deer’s Head Hospital Center

6.8

8.2

6.1

 

 

 

 

SUBTOTAL: State-Operated Chronic Hospitals

14.9

12.5

9.8

 

 

 

 

MARYLAND TOTAL      

39.0

39.4

36.3

 

Sources:  Maryland Health Care Commission and Maryland Department of Health (bed inventory); Health Services Cost Review Commission’s Inpatient Confidential Files and Chronic Care Confidential Files (private chronic hospital patient days); and Maryland Department of Health’s Hospital Management Information System (state-operated chronic hospital patient days).

 

Notes:  The average annual chronic hospital bed occupancy rates are calculated based on the number of patient days divided by the number of licensed bed days available during the fiscal year period, ending June 30th. 

 

In fiscal year 2019, chronic hospital beds operated by UM Capital Region Health initially operated on the campus of UM Laurel Regional Hospital, as a 46-bed hospital.  In the course of FY 2019, UM Laurel Regional Hospital was converted to a freestanding medical facility and the chronic hospital formerly operated on the Laurel campus began operating on the campus of UM Prince George’s Hospital Center as a 12-bed hospital.   The average annual bed occupancy rate shown for FY 2019 represents the combined chronic hospital utilization at both sites and factors in the change in bed capacity that occurred during the fiscal year.

 

In fiscal year 2020, Johns Hopkins Bayview Medical Center converted 16 of its 76 licensed chronic hospital beds to special rehabilitation hospital beds. The average annual bed occupancy rate for FY 2020 reflects that change in bed capacity at Johns Hopkins Bayview Medical Center.

 

USE OF SPECIAL HOSPITAL CHRONIC BEDS: MARYLAND, FY 2020

Jurisdiction/Facility

 Licensed Beds

Patient Days

 

Discharges

Average Length of Stay (Days)

Average Annual Occupancy Rate

PRIVATE HOSPITALS

 

 

 

 

 

Baltimore City

 

 

 

 

 

Johns Hopkins Bayview

     Medical Center1

60

3,047

79

39

11.9%

Levindale Hebrew

     Center and Hospital 

100

31,095

902

35

85.0%

UM Medical Center Midtown Campus

80

9,582

153

63

32.7%

UM Rehabilitation & Orthopedic

     Institute2

52

8,026

334

24

42.2%

Prince George’s County

 

 

 

 

 

UM Prince George’s Hospital Center

12

2,275

61

37

51.8%

SUBTOTAL: Private Chronic

    Hospitals

304

54,025

1,529

35

47.0%

STATE-OPERATED HOSPITALS

 

 

 

 

 

Washington County

 

 

 

 

 

Western Maryland Hospital Center3

60

3,001

32

94

13.7%

Wicomico County

 

 

 

 

 

Deer’s Head Hospital Center4

66

1,484

54

28

6.1%

SUBTOTAL: State-Operated Chronic

     Hospitals5

126

4,485

86

52

9.8%

MARYLAND TOTAL6

430

58,510

1,615

36

36.3%

 

Sources:  Bed Inventory:  Maryland Health Care Commission and the Maryland Department of Health.

 

Utilization:  Health Services Cost Review Commission’s Inpatient Confidential Files and Chronic Care Confidential Files (private chronic hospitals); and Maryland Department of Health’s Hospital Management Information System (state-operated chronic hospitals).

 

       1  Johns Hopkins Bayview Medical Center converted 16 of its 76 licensed chronic hospital beds to special rehabilitation hospital beds. The FY 2020 data shown in the table reflects this change in bed capacity and utilization.

       2  University of Maryland Rehabilitation and Orthopedic Institute’s 52 chronic hospital beds include 16 dually licensed chronic/ rehabilitation beds.

       3  Western Maryland Hospital Center’s occupancy rate, based on its 19 budgeted chronic hospital beds, would be 43.2 percent.

       4  Deer’s Head Hospital Center’s chronic hospital occupancy rate, based on its 11 budgeted chronic hospital beds, would be 36.9 percent. 

       5  The occupancy rate for the two State-operated chronic hospitals, based on the total 30 budgeted chronic hospital beds, would be 40.9 percent.

       6  The statewide chronic hospital bed occupancy rate, based on the 304 licensed beds at the five private facilities plus the 30 budgeted beds at the two state-operated facilities would be 46.4 percent.

 

DEPARTMENT OF NATURAL RESOURCES

FISHING AND BOATING SERVICES PUBLIC NOTICE

Commercial Cobia Season — Effective 11/12/2020

 

WHAT THIS NOTICE DOES

The Secretary of the Maryland Department of Natural Resources announces the re-opening of the commercial cobia season in Maryland waters following the closure of the commercial fishery in Federal waters. Notwithstanding Code of Maryland Regulations (COMAR) 08.02.05.17B(3), the commercial cobia season in Maryland waters will re-open at 12:01 a.m. Thursday, November 12, 2020. The season will remain open unless closed by a future public notice.

 

WHY THIS IS NECESSARY

This action is necessary to implement the Atlantic States Marine Fisheries Commission’s Interstate Fishery Management Plan for Cobia. Current regulation closes the commercial cobia season in state waters when federal waters close. Even though there is still quota available, due to a delay in federal rulemaking the federal season was closed on November 6, 2020. The Atlantic States Marine Fisheries Commission has communicated that states are not currently required to close their waters to harvest. Therefore, the department must issue a public notice in order to re-open the commercial cobia season in state waters.

 

WHOM THIS NOTICE AFFECTS

This applies to all individuals who catch cobia commercially in Maryland state waters.

 

AUTHORITY

Code of Maryland Regulations (COMAR) 08.02.05.17

JEANNIE HADDAWAY-RICCIO
Secretary of Natural Resources

[20-26-05]

 

FISHING AND BOATING SERVICES PUBLIC NOTICE

Commercial Striped Bass Chesapeake Bay Individual Transferrable Quota Season Modification — Effective 12/1/2020

 

WHAT THIS NOTICE DOES

The Secretary of the Maryland Department of Natural Resources announces modifications to the 2020 commercial striped bass Chesapeake Bay Individual Transferrable Quota (ITQ) fishery seasons for hook and line, haul seines, and drift gill nets.  This notice does not affect the rules for the 2021 commercial striped bass Chesapeake Bay Individual Transferrable Quota fishery.

 

SEASON MODIFICATIONS

·       The hook and line season is modified to allow for striped bass harvest using hook and line through and including December 31, 2020.  The season is also modified to allow harvest Monday through Friday.

·       The haul seine season is modified to allow for striped bass harvest using haul seines through and including December 31, 2020.  Open harvest days remain Monday through Friday.

·       The drift gill net season is modified to allow for striped bass harvest with drift gill nets on Saturdays and Sundays through and including December 31, 2020.

 

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 action applies to all commercial striped bass permittees registered in the ITQ fishery.

 

AUTHORITY

Code of Maryland Regulations (COMAR) 08.02.15.12H

 

FOR FURTHER INFORMATION CONTACT:

Fishing and Boating Services at 410-260-8295

JEANNIE HADDAWAY-RICCIO
Secretary of Natural Resources

[20-26-06]

 

FISHING AND BOATING SERVICES — PUBLIC NOTICE

Commercial Striped Bass Common Pool Gill Net Fishery Modifications — Effective 12/8/2020

 

WHAT THIS NOTICE DOES

The Secretary of the Maryland Department of Natural Resources announces modifications to the commercial striped bass common pool gill net fishery. Effective 12:01 a.m. Tuesday, December 8, 2020:

      The season is open December 8, 2020 through and including December 9, 2020.

      The catch limit is 200 lbs/permit/day and 800 lbs/vessel/week.

      The catch times remain one hour before sunrise through one 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 gill net 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

[20-26-07]

 

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.

 

MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS

Subject: Trauma and Specialty Referral Centers That Have Requested Reverification of Designation Status

Add’l. Info: A call for letters of intent for application for Trauma and Specialty Referral Center Designation.

Pursuant to COMAR 30.08.02.10C the Maryland Institute for Emergency Medical Services Systems (MIEMSS) is listing the trauma and specialty referral centers that have requested reverification of their Level III designation status:

·    ANNE ARUNDEL MEDICAL CENTER

·    FRANKLIN SQUARE HOSPITAL CENTER

·    FREDERICK MEMORIAL HOSPITAL

·    GREATER BALTIMORE MEDICAL CENTER

·    HOLY CROSS HOSPITAL

·    HOWARD COUNTY GENERAL HOSPITAL

·    JOHNS HOPKINS BAYVIEW MEDICAL CENTER

·    MERCY MEDICAL CENTER

·    SAINT AGNES HEALTHCARE

·    SAINT JOSEPH MEDICAL CENTER

·    SHADY GROVE ADVENTIST HOSPITAL

·    SINAI HOSPITAL OF BALTIMORE

MIEMSS requests a person with knowledge of any reason why a designated trauma or specialty referral center should not have its designation status reverified to submit a written statement of the reason to the MIEMSS within 20 business days following publication of the notice; and MIEMSS is soliciting for letters of intent from hospitals for applications to apply for designation as a Perinatal Referral Center (Level III). Letters of intent for Level III are due to MIEMSS by January 16, 2021.

For more information call Carla Bailey at 410-706-3931.

Letters should be addressed to:

Carla Bailey, Ph.D., R.N.

Office of Hospital Programs/Perinatal

MIEMSS

653 West Pratt Street, Room 405

Baltimore, MD 21201

Contact: Carla Bailey (410) 706-3931

[20-26-13]

MARYLAND HEALTH CARE COMMISSION

Subject: Public Meeting

Date and Time: January 21, 2021, 1 — 4 p.m.

Place: Via 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

[20-26-01]

 

MARYLAND HEALTH CARE COMMISSION

Subject: Receipt of Application

Add’l. Info: On November 13, 2020, the Maryland Health Care Commission (MHCC) received a Certificate of Need application submitted by:

University of Maryland Medical Center — Matter No. 20-24-2445

Expand capacity of its pediatric cardiac surgical and interventional service line by adding one special purpose hybrid operating room (“OR”) that will serve the University of Maryland Children’s Hospital Pediatric Cardiac Program (the “UMMC Children’s Heart Program”). Proposed Cost: $9,555,000.

The MHCC shall review the applications under Health-General Article, §19-101 et. seq., Annotated Code of Maryland, and COMAR 10.24.01.

Any affected person may make a written request to the Commission to receive copies of relevant notices concerning the application. All further notices of proceedings on the application will be sent only to affected persons who have registered as interested parties.

Please refer to the Matter No. listed above in any correspondence on the application. A copy of the application is available, for review, in the office of the MHCC, during regular business hours by appointment, or on the Commission’s website at www.mhcc.maryland.gov.

All correspondence should be addressed to Paul Parker, Deputy Director, Center for Health Care Facilities Planning and Development, MHCC, 4160 Patterson Avenue, Baltimore, Maryland 21215.

Contact: Ruby Potter (410) 764-3276

[20-26-04]

MARYLAND HEALTH CARE COMMISSION

Subject: Notice of Project Change

Add’l. Info: On November 9, 2020 the Maryland Health Care Commission (MHCC) received notice and a request for approval of project changes under COMAR 10.24.01.17B from Joseph Richey House, Inc., t/a Gilchrist Center Baltimore-Joseph Richey House Hospice Services, holder of a Certificate of Need (CON) Docket No. 1724-2412

The project’s sponsor has requested approval:

·     Capital cost increase of $3,600,000

Please refer to the Docket No. listed above in any correspondence on this request, a copy of which is available for review by appointment in MHCC offices during regular business hours. All correspondence should be addressed to Kevin McDonald, Chief, Certificate of Need, MHCC, 4160 Patterson Avenue, Baltimore, Maryland 21215.

Contact: Ruby Potter (410) 764-3276

[20-26-10]

 

MARYLAND DEPARTMENT OF TRANSPORTATION

Subject: Public Hearing

Date and Time: January 11, 2021, 11 a.m.

Place: Hearing will be held via teleconference — please see details below.

Add’l. Info: The Maryland Board of Airport Zoning Appeals (BAZA) will hold a hearing teleconference on Monday, January 11, 2021. The hearing will begin at 11:00 a.m. The public Call-in number is +1 443-409-5228; Conference ID: 299 298 173#. The Board will hear the following case(s):

Docket Number 424

The Northrop Grumman Corporation is requesting to erect a crane to construct a penthouse radiating laboratory atop of the existing East Building located at 7323 Aviation Boulevard, Linthicum, Maryland 21240 adjacent to Baltimore/Washington Thurgood Marshall International Airport (BWI Marshall). At the Northrop Grumman project site, the maximum Code of Federal Regulation (FAR) Part 77 height allowance is 175’ AGL/293’ MSL. The proposed crane will be 375’ AGL/483’ MSL resulting in a 190-foot penetration to FAR Part 77. The location of the temporary crane in question is approximately 1,420 feet northwest of Runway 15R. The Appellant is awaiting a “Determination of No Hazard to Air Navigation for Temporary Structure” from the Federal Aviation Administration. Code of Maryland Regulations (COMAR) 11.03.06.03 and 11.03.06.04 - Height Limits in Airport Districts, enables the proponent to seek a variance from the Board for any proposed penetration of FAR Part 77. Therefore, the MAA requests to present Case #424 to BAZA via Teleconference, January 11, 2020 at 11:00 a.m.

Appropriate auxiliary aids and services for qualified individuals with disabilities will be provided upon request. Please call 410-865-1233 (voice) or MD Relay (TTY Users).

Contact: Deborah Mahoney-Fowler (410) 865-1233

[20-26-12]

 

Agency/Department Sort Name: Other

DEPARTMENT OF VETERANS AFFAIRS/MARYLAND VETERANS COMMISSION

Subject: Public Meeting

Date and Time: January 19, 2021, 10:30 a.m. — 1 p.m.

Place: Virtual Meeting — please see details below.

Add’l. Info: ‪Phone:1-617-675-4444

     PIN: ‪266 362 676 1065#

Contact: Denise Nooe (410) 260-3840

[20-26-03]

 

WORKERS’ COMPENSATION COMMISSION

Subject: Public Meeting

Date and Time: January 14, 2021, 9:30 — 11 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

[20-26-02]