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Maryland Register Issue Date: January 29, 2021 Volume 48 • Issue 3 • Pages 71—146 IN THIS ISSUE General Assembly Judiciary Regulations Errata Special Documents General Notices |
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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Annotated Code of Maryland, this issue contains all previously unpublished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 January 11, 2021 5
p.m. |
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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;
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 ....................................................................... 75
COMAR Research Aids
Table of Pending Proposals ............................................................. 76
Index of COMAR Titles Affected in
This Issue
COMAR
Title Number and Name Page
04 Department of General Services........................................... 95
08 Department of Natural Resources ....................................... 93
09 Maryland Department of Labor ..................................... 92, 97
10 Maryland Department of Health .................................... 94, 99
13A State Board of Education ................................................... 106
22 State Retirement and Pension System ................................. 94
26 Department of the Environment ........................................ 107
28 Office of Administrative Hearings ...................................... 94
30 Maryland Institute for Emergency Medical
Services
Systems (MIEMSS) ....................................................... 128
33 State Board of Elections ...................................................... 94
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.
DISCIPLINARY PROCEEDINGS .................................... 91
Emergency
Action on Regulations
09 MARYLAND DEPARTMENT OF LABOR
COMMISSIONER
OF FINANCIAL REGULATION
08 DEPARTMENT OF NATURAL RESOURCES
Threatened
and Endangered Species
10 MARYLAND DEPARTMENT OF HEALTH
HEALTH
SERVICES COST REVIEW COMMISSION
Uniform
Accounting and Reporting System for Hospitals and
Related Institutions
22 STATE RETIREMENT AND PENSION SYSTEM
Option
Factors and Annuity Values
28 OFFICE OF ADMINISTRATIVE HEARINGS
Early Voting
Activities ............................................................
Proposed
Action on Regulations
04 DEPARTMENT OF GENERAL SERVICES
SECURITY
OF STATE REAL PROPERTY
09 MARYLAND DEPARTMENT OF LABOR
COMMISSIONER
OF FINANCIAL REGULATION
10 MARYLAND DEPARTMENT OF HEALTH
Oxygen and
Related Respiratory Equipment Services ............
Acute
Hospitals ........................................................................
Medical
Laboratories — Testing for Hereditary and
Congenital Disorders in Newborn Infants
General Financial
Aid to Local School Systems
26 DEPARTMENT OF THE ENVIRONMENT
WATER
SUPPLY, SEWERAGE, SOLID WASTE, AND
POLLUTION CONTROL PLANNING AND FUNDING
Bay
Restoration Fund Implementation
Notice
of Change to Opportunity for Public
Comment
DISPOSAL
OF CONTROLLED HAZARDOUS
SUBSTANCES
Hazardous
Waste Management System: General ....................
Identification
and Listing of Hazardous Waste
30 MARYLAND INSTITUTE FOR EMERGENCY
MEDICAL SERVICES SYSTEMS (MIEMSS)
DESIGNATION
OF TRAUMA AND SPECIALTY
REFERRAL CENTERS
Designated Primary
Stroke Center Standards
Designated
Acute Stroke Ready Center
COMAR
28.02.01.04 ...................................................................
SUSQUEHANNA
RIVER BASIN COMMISSION
Projects
Approved for Consumptive Uses of Water
Grandfathering
(GF) Registration Notice
WATER AND
SCIENCE ADMINISTRATION
Water
Quality Certification 20-WQC-0050
MARYLAND
DEPARTMENT OF HEALTH/OFFICE OF
HEALTH SERVICES
MARYLAND
MEDICAID ENTERAL SUPPLIES
REIMBURSEMENT — 2ND NOTICE ........................ 141
MARYLAND
MEDICAID ENTERAL NUTRITIONAL
SERVICES REIMBURSEMENT — REVISED
EFFECTIVE DATE AND 2ND NOTICE
..................... 142
MARYLAND
HEALTH CARE COMMISSION
SCHEDULE FOR
CERTIFICATE OF CONFORMANCE
REVIEWS — PERCUTANEOUS CORONARY
INTERVENTION SERVICES ...................................... 143
STATE
COLLECTION AGENCY LICENSING BOARD
Medical Day
Care Services Waiver — RENEWAL
APPLICATION
Home and
Community Based Options Waiver — RENEWAL
APPLICATION
MARYLAND
DEPARTMENT OF HEALTH/OFFICE OF
HEALTH SERVICES
Waiver for
Adults with Brain Injury — RENEWAL
APPLICATION
Medical Day
Care Services Waiver — RENEWAL
APPLICATION
Home and
Community Based Options Waiver — RENEWAL
APPLICATION
MARYLAND
DEPARTMENT OF HEALTH/STATE
COMMUNITY HEALTH WORKER ADVISORY
COMMITTEE
MARYLAND
STATE LOTTERY AND GAMING CONTROL
COMMISSION
MARYLAND
HEALTH CARE COMMISSION
STATE
ADVISORY COUNCIL ON QUALITY CARE AT
THE END OF LIFE
BOARD
OF WATERWORKS AND WASTE SYSTEMS
OPERATORS
WORKERS’
COMPENSATION COMMISSION
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 |
Emergency and Proposed Regulations 5
p.m.* |
Notices,
etc. 10:30
a.m. |
Final Regulations 10:30
a.m. |
|
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.
03 COMPTROLLER OF THE TREASURY
03.02.04.01 • 48:1 Md. R. 13
(1-4-21)
04 DEPARTMENT OF GENERAL
SERVICES
(No changes effective since
January 2020)
04.04.02.02—.06 •
48:3 Md. R. 95 (1-29-21)
04.05.01.08 •
48:3 Md. R. 95 (1-29-21)
04.05.02.02 •
48:3 Md. R. 95 (1-29-21)
08 DEPARTMENT OF NATURAL RESOURCES
08.02.03.03,.07,.10,.13,.14
• 48:2 Md. R. 51 (1-15-21)
08.02.15.12 •
48:2 Md. R. 53 (1-15-21)
08.02.19.04,.08 •
48:2 Md. R. 55 (1-15-21)
08.18.01.04 •
48:2 Md. R. 56 (1-15-21)
08.18.21.07 •
48:1 Md. R. 14 (1-4-21)
09 MARYLAND DEPARTMENT OF LABOR
09.03.02.08 •
48:3 Md. R. 97 (1-29-21)
09.03.10.05 •
47:19 Md. R. 851 (9-11-20)
09.10.01.07 •
48:2 Md. R. 56 (1-15-21)
09.10.01.91 •
48:2 Md. R. 57 (1-15-21)
09.10.02.62 •
48:2 Md. R. 58 (1-15-21)
09.10.03.01-1 •
47:25 Md. R. 1075 (12-4-20)
09.12.01.01-1 •
48:2 Md. R. 59 (1-15-21) (ibr)
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)
10.07.02.01—.03,.33,.40 • 47:2 Md. R. 91 (1-17-20) (ibr)
Subtitle 09 (2nd volume)
10.09.03.04—.06 •
48:3 Md. R. 99 (1-29-21)
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)
10.09.10.01,.07,.08,.15,.19
• 48:3 Md. R. 101 (1-29-21)
10.09.12.04,.07 •
48:3 Md. R. 99 (1-29-21)
10.09.18.07 • 48:3
Md. R. 104 (1-29-21)
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)
10.09.92.08 •
48:3 Md. R. 104 (1-29-21)
Subtitles 10 — 22 (3rd Volume)
10.10.13.12 •
48:3 Md. R. 105 (1-29-21)
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)
10.37.10.26 •
48:1 Md. R. 15 (1-4-21)
10.38.07.02 •
47:22 Md. R. 941 (10-23-20)
10.52.12.05 •
48:3 Md. R. 105 (1-29-21)
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
11.03.01..01-1,.12
• 48:2 Md. R. 60 (1-15-21) (ibr)
11.03.02.10 • 48:2
Md. R. 60 (1-15-21)
11.04.17.04 • 47:25
Md. R. 1077 (12-4-20)
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)
13A STATE BOARD OF EDUCATION
13A.02.06.06 • 48:3
Md. R. 106 (1-29-21)
13A.04.02.01—.06
• 48:1 Md. R. 17 (1-4-21)
13A.04.10.01,.02
• 48:1 Md. R. 18 (1-4-21) (ibr)
13B MARYLAND HIGHER
EDUCATION COMMISSION
13B.08.10.02 • 47:3 Md. R. 222 (1-31-20)
13B.08.11.02—.04
• 48:2 Md. R. 62 (1-15-21)
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,.07,.17
• 48:2 Md. R. 62 (1-15-21)
15 MARYLAND DEPARTMENT OF
AGRICULTURE
15.01.05.02,.05 •
48:1 Md. R. 19 (1-4-21)
16 DEPARTMENT OF JUVENILE
SERVICES
16.16.01.03 • 47:26 Md. R. 1114
(12-18-20)
21 STATE PROCUREMENT
REGULATIONS
21.07.02.12 • 48:1
Md. R. 21 (1-4-21)
21.11.16.01—.03 •
48:1 Md. R. 21 (1-4-21)
26 DEPARTMENT OF THE
ENVIRONMENT
Subtitles 01—07 (Part 1)
26.03.13.03 • 48:2 Md. R. 63 (1-15-21)
48:3 Md. R. 107 (1-29-21) (err)
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)
26.13.01.03,.05 •
48:3 Md. R. 107 (1-29-21)
26.13.02.04-4,.04-5,.05,.19,.19-2
• 48:3 Md. R. 107 (1-29-21)
26.13.03.01,.01-1,.02,.02-1,.02-2,.03,.03-1—.03-11,.05,
.05-1—.05-5,.06 • 48:3 Md. R. 107
(1-29-21)
26.13.05.01,.03,.05
• 48:3 Md. R. 107 (1-29-21)
26.13.06.01 • 48:3
Md. R. 107 (1-29-21)
26.13.10.02,.10,.14,.25
• 48:3 Md. R. 107 (1-29-21)
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)
30 MARYLAND INSTITUTE FOR
EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)
30.03.06.01,.02 • 47:25 Md. R.
1083 (12-4-20)
30.08.11.01—.14 • 48:3 Md. R. 128
(1-29-21)
30.08.18.01—.14 • 48:3 Md. R. 131
(1-29-21)
30.09.01.02 • 48:1 Md. R. 23
(1-4-21)
30.09.12.02—.06 • 48:1 Md. R. 23
(1-4-21)
31 MARYLAND INSURANCE
ADMINISTRATION
31.08.03.04,.05,.07,.08
• 47:21 Md. R. 911 (10-9-20)
For additional up-to-date information
concerning bills introduced in the General Assembly, log on to http://mlis.state.md.us and click on Bill
Information and Status. You may then
enter a specific bill number for information about that bill. You may also click on Senate Synopsis or
House Synopsis for the most recent synopsis list for each house, or click on
Synopsis Index for a listing of all bill synopses since the beginning of the
legislative session.
House Bills
HB0001 The Spkr. Historically Black Colleges and Universities
- Funding.
HB0002 Del Korman. Maryland Environmental Service Reform Act of
2021.
HB0003 Dels Clippinger and
Queen. Correctional Services - Parole -
Life Imprisonment.
HB0004 Del Grammer. Baltimore County - Career Exploration and
Development Activities in Public High Schools - Prohibiting a Ban or Regulation
of Sale of Coffee.
HB0005 Del Krebs. Cemeteries - Perpetual Care - Distribution
From Perpetual Care Trust Fund.
HB0006 Del Feldmark. Economic Development - Maryland Technology
Development Corporation - Alterations.
HB0007 Del Luedtke. Income Tax Credit - Venison Donation Expenses
- Montgomery County Deer Donation Program.
HB0008 Dels Krimm and
Stein. Maryland Strategic Energy
Investment Fund - Regional Greenhouse Gas Initiative - Use of Proceeds for
Maryland Healthy Soils Program.
HB0009 Del Shetty. Family Law - Mandatory Reporter Training.
HB0010 Del K. Young. Income Tax - Subtraction Modification -
Living Organ Donors.
HB0011 Del Wilson. Public Schools - African American History -
Development of Content Standards and Implementation.
HB0012 Del C. Watson, et
al. Alcoholic Beverages - Sale or
Delivery for Off-Premises Consumption.
HB0013 Del Luedtke. Influence on Collective Bargaining -
Prohibition on Use of Public Funds and Income Tax Addition Modification.
HB0014 Del Kerr. Pharmacists - Prescription Drug and Device
Labels - Expiration Dates.
HB0015 Del
Pena-Melnyk. Governor's Office of Immigrant
Affairs.
HB0016 Del Stewart. Correctional Services - Immigration Detention
- Prohibition (Dignity Not Detention Act).
HB0017 Del Cox. Public Safety - Emergency Powers Limitations
(Consent of the Governed Act).
HB0018 Del W. Fisher, et
al. Landlord and Tenant - Eviction
Action - Right to Counsel.
HB0019 Del Holmes. Residential Real Estate Transactions - Escrow
Agents and Trust Money.
HB0020 Del Wells. Maryland Stadium Authority - Applicability of
Prevailing Wage.
HB0021 Del Love. Environment - Recycling - Prohibition on the
Chemical Conversion of Plastic.
HB0022 Del Love. Environment - PFAS Chemicals - Prohibitions
and Requirements.
HB0023 Del Stein. Personal Information - State and Local
Agencies - Restrictions on Access.
HB0024 Del Ivey. State Holidays - Primary Election Day.
HB0025 Del Cullison. Catastrophic Health Emergencies - Health Care
Providers - Definition and Immunity (Maryland Health Care Heroes Protection
Act).
HB0026 Del Lopez. Action to Collect a Private Education Loan -
Required Documents.
HB0027 Del Long. Education - Reporting Arrests of Students -
Alterations.
HB0028 Dels Pena-Melnyk
and R. Lewis. Public Health - Implicit
Bias Training and the Office of Minority Health and Health Disparities.
HB0029 Del Ivey. Health - Standards for Involuntary Admissions
and Petitions for Emergency Evaluation - Substance Use Disorder.
HB0030 Del Korman. Public Utilities - Office of Climate Counsel
- Establishment (Climate Counsel Act).
HB0031 Del
Clippinger. Courts - Surcharges and
Payment to Rental Assistance Programs.
HB0032 Del J. Lewis. Cannabis - Legalization and Regulation
(Inclusion, Restoration, and Rehabilitation Act of 2021).
HB0033 Del
Fraser-Hidalgo. Climate Crisis and
Education Act.
HB0034 Del Rosenberg. State Department of Education and Maryland
Department of Health - Maryland School-Based Health Center Standards -
Telehealth.
HB0035 Del Cardin. Judges - Selection and Retention.
HB0036 Del Lierman, et
al. Environment - Packaging, Containers,
and Paper Products - Producer Responsibility.
HB0037 Del
Valderrama. Procurement - Prevailing
Wage - Applicability.
HB0038 Del Carey. State Government - Department of Information
Technology - Cybersecurity.
HB0039 Del Shetty. Action for Change of Name - Waiver of
Publication Requirement.
HB0040 Del
Charkoudian. Maryland Energy
Administration Study on Geothermal Heating and Cooling Systems and Geothermal
Energy Workgroup.
HB0041 Del Smith. Maryland State Bank Task Force -
Establishment.
HB0042 Del P. Young. Public Safety - Interjurisdictional Policing
Grant Program - Establishment.
HB0043 Del Krimm. Department of Information Technology - Office
of Broadband and Joint Committee on Broadband.
HB0044 Del
Fraser-Hidalgo. Clean Cars Act of 2021.
HB0045 Del Forbes. Education - Baltimore County Public Library -
Collective Bargaining.
HB0046 Del Griffith. Education - Student Horizon Database and
Scorecard (Students Right to Know Act of 2021).
HB0047 Del Ivey. Public Institutions of Higher Education -
Contracts - Prohibition.
HB0048 Dels Bhandari and
C. Jackson. Criminal Procedure -
Registered Sex Offenders - Entry Onto School Property.
HB0049 Del Rosenberg. Landlord and Tenant - Repossession for
Failure to Pay Rent - Lead Risk Reduction Compliance.
HB0050 Del Stewart. Landlord and Tenant - Residential Leases -
Tenant Rights and Protections (Tenant Protection Act of 2021).
HB0051 Del Turner. Zoning - Environmental Justice
Considerations.
HB0052 Del Wells. Real Property - Alterations in Actions for
Repossession and Establishment of Eviction Diversion Program.
HB0053 Del Ivey, et
al. Election Law - Voting Rights -
Imprisoned Felons.
HB0054 Del Reilly. Education - Harford County - Liability of
School Bus Contractors.
HB0055 Del Crosby. Immunities - Associations, Organizations, and
Charities - Liability of Agents and Volunteers.
HB0056 Del Boyce. Labor and Employment - Leave With Pay -
Bereavement Leave.
HB0057 Del Rosenberg. Voters' Rights Protection Act of 2020.
HB0058 Del Lierman. Workgroup on Minority Homeownership,
Neighborhood Revitalization, and Household Wealth Equity.
HB0059 Del
Pena-Melnyk. Task Force on Higher
Education Students With Chronic Health Conditions.
HB0060 Del Wilkins. Income Tax - Green Buildings Tax Credit -
Multifamily Housing.
HB0061 Del Shetty. Environment -“ Statewide Green Business
Certification Program - Establishment.
HB0062 Del J. Lewis. Department of Small Business,
Entrepreneurship, and Innovation - Established.
HB0063 Del Williams. State Finance - Prohibited Appropriations -
Magnetic Levitation Transportation System.
HB0064 Del Henson. Labor and Employment - Occupational Safety
and Health - Handwashing Facilities on Construction Sites.
HB0065 Del Bhandari. State Board of Environmental Health
Specialists - Fees - General Fund.
HB0066 Dels Brooks and
Barve. Electric Generation - Transition
From Fossil Fuels - Carbon Dioxide Emissions Rate and Transition Plan and Fund
(Maryland Coal Community Transition Act of 2021).
HB0067 Del Korman. I-495 and I-270 Public-Private Partnership -
Partnership Agreement - Requirements (Maryland Department of Transportation
Promises Act of 2021).
HB0068 Del T. Branch. Baltimore City and Prince George's County -
Diversionary and Reentry Program.
HB0069 Del Love. Environment - Single-Use Plastics -
Restrictions.
HB0070 Del Rogers. Energy Efficiency - Net-Zero Homes - Contract
Preferences.
HB0071 Del Luedtke. Juvenile Services Education Board and Program
- Establishment, Powers, and Duties.
HB0072 Del Anderton. County Boards of Education - Student
Transportation - Vehicles.
HB0073 Del Krimm. State and Local Government and Private
Employers - Teleworking.
HB0074 Del Brooks. Income Tax - Credit for Energy Efficiency Upgrades
- Passive Houses.
HB0075 Del Qi. Election Law - Circuit Court Judges -
Nonpartisan Elections.
HB0076 Del Love. Water Pollution Control - Intervention in
Civil Actions - Rights and Authority.
HB0077 Del Stewart. Environment - Application of Coal Tar
Pavement Products - Prohibitions (Safer Sealant Act of 2021).
HB0078 Del Pena-Melnyk, et
al. Public Health - Maryland Commission
on Health Equity (The Shirley Nathan-Pulliam Health Equity Act of 2021).
HB0079 Dorchester County
Delegation. Legal Advertisement or Legal
Notice - Publication in Newspaper or Newspaper in General Circulation - Online
Newspapers.
HB0080 Del
Charkoudian. Department of
Transportation and Department of the Environment - Purple Line Tree Replacement
Plan.
HB0081 Del Lehman, et
al. Crimes - Unattended Dogs in Extreme
Weather Conditions.
HB0082 Del W. Fisher, et
al. Constitutional Amendment -
Environmental Rights.
HB0083 Del Queen. Public and Nonpublic Schools - Electric
Retractable Room Partitions - Operation Requirements.
HB0084 Del Feldmark, et
al. Consumer Protection - Right to
Repair.
HB0085 Del Bhandari. Baltimore County - Workers' Compensation -
Permanent Partial Disability - Detention and Correctional Officers.
HB0086 Del Forbes. Capital Projects - High Performance and Green
Buildings - Alterations (Green Building Restoration Act).
HB0087 Del D. Jones, et
al. Vehicle Laws - School Bus Safety -
Occupant Capacity.
HB0088 Del Brooks, et
al. Police Officers - Mental Health -
Employee Assistance Programs.
HB0089 Del Wilkins. Correctional Services - Diminution Credits -
Education.
HB0090 Del Lierman. State and Local Housing Programs -
Affirmatively Furthering Fair Housing.
HB0091 Del C.
Jackson. Public Safety - Police Athletic
League Grant Fund - Establishment.
HB0092 Del Luedtke. Procurement - Invasive and Nonnative Plant
Species - Prohibition on Use of State Funds.
HB0093 Del Henson. Public Safety - Local Youth Violence Review
Committees.
HB0094 Del Stein. Environment - Water Quality Revolving Loan
Fund - Use of Fund.
HB0095 Del Krebs. Health Occupations - Nurses - Delegation of
Tasks.
HB0096 Dels Solomon and
Rosenberg. Education - High School
Graduation Requirements - Application.
HB0097 Del Lierman, et al. Department of Housing and Community
Development - Office of Digital Inclusion - Established (Digital Connectivity
Act of 2021).
HB0098 Del
Washington. Maryland Higher Education
Outreach and College Access Pilot Program - Alterations (Maryland College Access
Act).
HB0099 Del Love. Beverage Container Deposit Program -
Establishment and Advisory Commission.
HB0100 Del D.M.
Davis. Correctional Services - Inmate
Cost-of-Living Report - Maryland Correctional Enterprises Diversity Report.
HB0101 Del Charkoudian. Human Services - Supplemental Nutrition
Assistance Program - Heat and Eat Program.
HB0102 Dels Hill and
Feldmark. Correctional Services -
Inmates - Labor, Job Training, and Educational Courses.
HB0103 Del Brooks. Electric Facilities - Study and Procedures.
HB0104 Del Stewart. Landlord-Tenant - Nonrenewal of Lease -
Notice Requirements.
HB0105 Del Henson. Department of Housing and Community
Development - Community Development Administration - Compliance Monitoring
Reporting.
HB0106 Del Wilson. Office of the Attorney General - Website to
Report Robocalls and Other Spam Calls.
HB0107 Del R. Lewis. Prohibition on Vending Machine Sales of Drugs
and Medicines - Repeal.
HB0108 Del
Charkoudian. Behavioral Health Crisis
Response Services - Modifications.
HB0109 Del Stein. Public Safety - Maryland Swimming Pool and
Spa Standards - Adoption.
HB0110 Del Korman. Electric Vehicle Recharging Equipment for
Multifamily Units Act.
HB0111 Del Love. Environmental Justice - At-Risk Communities
and Environmental Permits - Requirements.
HB0112 Del Henson. Residential Property - Eviction Proceedings -
Sealing of Court Records.
HB0113 Dels Lierman and
Korman. Board of Revenue Estimates and
Bureau of Revenue Estimates - Organization and Operations.
HB0114 Del Lierman, et
al. Maryland Transit Administration -
Funding (Transit Safety and Investment Act).
HB0115 Del Moon. Vehicle Laws - Canceled, Revoked, and
Suspended Driver's Licenses - Penalties.
HB0116 Del Palakovich
Carr. Transportation - I-270 Commuter
Bus Route Study.
HB0117 Del Rogers. Maryland Personal Information Protection Act
- Revisions.
HB0118 Dels Stein and
Malone. Vehicle Laws - Injury or Death
of Vulnerable Individual - Penalties.
HB0119 Del
Sample-Hughes. Maryland Department of
Health - Public Health Outreach Programs - Cognitive Impairment, Alzheimer’s
Disease, and Other Types of Dementia.
HB0120 Dels Acevero and
Barron. Public Information Act -
Personnel Records - Investigations of Law Enforcement Officers (Anton’s Law).
HB0121 Del W. Fisher. State Government - Maryland Reparations
Commission - Establishment (Harriet Tubman Community Investment Act).
HB0122 Dels Barron and
Krimm. Maryland Office of the Inspector
General for General Services.
HB0123 Del Pena-Melnyk, et
al. Preserve Telehealth Access Act of
2021.
HB0124 Del
Valderrama. Occupational Safety and
Health Standards to Protect Employees - Aerosol Transmissible Diseases and
COVID-19.
HB0125 Del Lierman. Public Institutions of Higher Education -
Student Athletes (Jordan McNair Safe and Fair Play Act).
HB0126 Del Moon. Public Safety - Pretrial Services Program
Grant Fund - Extension and Program Requirements.
HB0127 Del Boyce. Maryland Paint Stewardship.
HB0128 Del Stewart. Criminal Law - Hate Crimes - Protected Groups
and Penalties.
HB0129 Del Henson. Environment - Mold Inspections - Standards,
Reporting, and Penalties.
HB0130 Del Qi. Commission on LGBTQ Affairs - Established.
HB0131 Del J. Lewis. Correctional Services – Step-Down Programs -
Cause of Action.
HB0132 Del Bagnall. Health - Mental and Emotional Disorders -
Consent (Mental Health Access Initiative).
HB0133 Del Korman. State Finance and Procurement - Appropriation
Reductions (Board of Public Works Budget Reduction Clarification Act).
HB0134 Del J. Lewis. Business Regulation - Flavored Tobacco
Products - Prohibition.
HB0135 Del K. Young. Pharmacists - Administration of
Self-Administered Medications and Maintenance Injectable Medications.
HB0136 Del Cardin. Election Law - Campaign Contributions -
Alterations and Prohibition on Sports and Event Wagering Business Entities.
HB0137 Del Charles. State Finance and Procurement - Procurement
Improvement Council - Duties and Report on eMaryland Marketplace.
HB0138 Del Johnson. Education - Sexual Abuse and Assault
Awareness and Prevention Program - Human and Sex Trafficking.
HB0139 Del D.M. Davis, et
al. Law Enforcement Officers - Use of
Force.
HB0140 Del Acevero. Commission on History, Culture, and Civics in
Education.
HB0141 Del
Sample-Hughes. Maryland Department of
Health - Residential Service Agencies - Training Requirements.
HB0142 Del Ivey. Income Tax - Student Loan Debt Relief Tax
Credit - Alterations.
HB0143 Del Palakovich
Carr. Maryland Child Tax Credit.
HB0144 Del Reilly. Harford County - Alcoholic Beverages - Class
D Beer and Wine License.
HB0145 Del Boyce. Unlawful Taking of Oysters From Submerged
Land Leases, Aquaculture Leases, and Water Column Leases - Penalties.
HB0146 Del Lehman, et al. Department of Agriculture - Spay/Neuter Fund
- Extension and Fee on Commercial Feed.
HB0147 Del Crutchfield, et
al. Criminal Law - Sexual Crimes -
Repeal of Spousal Defense (Love Is No Defense to Sexual Crimes).
HB0148 Del Carey. Commercial Law - Personal Information
Protection Act - Revisions.
HB0149 Del Wilson. Criminal Law - Distribution of Child
Pornography - Minor.
HB0150 Del Crosby. State Government - House of Delegates - Bill
Sponsorship - Limit.
HB0151 Del Acevero. Law Enforcement Officers' Bill of Rights -
Repeal.
HB0152 Del Crosby. Law Enforcement - Department of State Police
– Body-Worn Cameras.
HB0153 Dels Ivey and
Henson. Election Law - Elections by
Mail.
HB0154 Del Bartlett, et
al. Civil Actions - Tortious Injury to
or Death of Pet - Compensatory Damages (Buddy's Law).
HB0155 Del Wilkins. County Boards and Public and Nonpublic
Prekindergarten Programs and Schools - Discrimination - Prohibition.
HB0156 Dels Luedtke and
Griffith. Student and Military Voter
Empowerment Act.
HB0157 Del W. Fisher. Indigenous Peoples' Day - Rule of
Interpretation and Replacement of Columbus Day.
HB0158 Del Carr, et
al. Property Tax – Homeowners’ Property
Tax Credit - Calculation and Refunds.
HB0159 Del Grammer. Public Safety - Persistent Aerial
Surveillance.
HB0160 Del Bagnall. Environment - Wetlands and Waterways -
Riparian Rights.
HB0161 Del Kelly. Health Occupations - Registration of
Audiology Assistants.
HB0162 Del Ivey. Prescription Drug Affordability Board - Upper
Payment Limits and Reports.
HB0163 Del Ivey. State Board of Elections - Membership -
Appointments.
HB0164 Dels Stein and
Lierman. Department of the Environment -
Office of Recycling - Recycling Market Development.
HB0165 Del Wilkins. Maryland Estate Tax - Unified Credit.
HB0166 Del Grammer. Income Tax - Subtraction Modification -
Retirement Income.
HB0167 Del P. Young. Health Insurance - Out-of-Pocket Maximums and
Cost-Sharing Requirements - Calculation.
HB0168 Del Ivey. Motor Vehicle Insurance Use of Credit History
Rating Policy.
HB0169 Del
Valentino-Smith. Juvenile Law - Informal
Adjustment.
HB0170 Del K. Young. Cancer Drugs - Physician Dispensing and
Coverage.
HB0171 Del
Washington. State Department of
Education - School Discipline - Data Collection.
HB0172 Del Lehman. Corporate Income Tax - Combined Reporting and
Subtraction Modification for Combined Groups of Corporations.
HB0173 Del Feldmark, et
al. Community Colleges - State Funding -
Revision.
HB0174 Del Brooks. Public Utilities – Investor-Owned Utilities -
Prevailing Wage.
HB0175 Del Henson. Public Safety - Ammunition - Sales and
Transfers.
HB0176 Del Wilkins. Earned Income Tax Credit - Individuals
Without Qualifying Children - Calculation and Refundability.
HB0177 Del Ivey. Property Tax - Real Property Tax Rate -
Prohibition on Increase During Public Health Emergency.
HB0178 Del Stewart. Vehicle Laws - Reckless Driving, Speed
Contests, Registration Plates, and Noise Abatement - Penalties.
HB0179 Del Luedtke. Income Tax - Subtraction Modification - Union
Dues.
HB0180 Del
Clippinger. Juveniles - Sexting.
HB0181 Del Ebersole. Baltimore County - Board of Education -
Election of Officers.
HB0182 Del Kerr. Health Occupations - Podiatric Physicians.
HB0183 Del Lierman. Public Information Act - Revisions (Equitable
Access to Records Act).
HB0184 Del Ivey. University System of Maryland, Morgan State
University, and St. Mary's College of Maryland - Board Membership -
Alterations.
HB0185 Del T. Branch. Alcoholic Beverages - On-Sales - Required
Multiple Purchases.
HB0186 Del Malone. Courts - Court Dog Therapy Program - Veterans
Treatment Courts.
HB0187 Del Ivey. Public Safety - Law Enforcement – Body-Worn
Cameras.
HB0188 Del Grammer. No-Knock Warrants - Elimination (Duncan’s
Act).
HB0189 Del Qi. Mobile Laundry for the Homeless Pilot
Program.
HB0190 Del Lierman. Procurement - Specialized Printing Services
Contracts - Board of Public Works Approval.
HB0191 Del Kelly. Maryland Medical Assistance Program -
Psychiatrist and Psychiatric Nurse Practitioner Telemedicine Reimbursement -
Sunset Termination.
HB0192 Del Guyton. Public Schools - Special Education Classrooms
- Use of Video.
HB0193 Del Guyton. Criminal Procedure - Victims of Crime -
Private Room.
HB0194 Del Wells. Criminal Procedure - Police Officers and
Public Defenders - Implicit Bias - Testing, Training, and Evaluation.
HB0195 Del Wilson. Criminal Procedure - District Court
Commissioners - Issuance of Arrest Warrant.
HB0196 Del Ivey. Environment - Oil and Natural Gas Produced by
Hydraulic Fracturing - Prohibition on Exportation.
HB0197 Del Wilson. Criminal Procedure - Police Officers - Stop
Procedures (Know Your Rights Act).
HB0198 Del Wilson. Criminal Law - Disturbing the Peace -
Prohibited Actions.
HB0199 Del Wilson. Maryland State Sport - Lacrosse.
HB0200 Dels Stein and
Bartlett. Public Safety - Access to
Firearms - Storage Requirements (Jaelynn's Law).
HB0201 Del Palakovich
Carr. Income Tax Rates - Capital Gains
Income.
HB0202 Del Stein. Election Law - Presidential Electors -
Selection and Voting.
HB0203 Del C.
Jackson. Estates and Trusts - Wills and
Advance Medical Directives - Notaries Public.
HB0204 Del Lierman. Environment and Natural Resources -
Complaints, Inspections, and Enforcement - Information Maintenance and
Reporting.
HB0205 Del Reznik. Public Schools - Provision of Menstrual
Hygiene Products - Requirement.
HB0206 Del
Washington. Election Law - Early Voting
Centers - Hours of Operation.
HB0207 Del Wilson. Nursing Homes - Resident Change in Condition
- Notification.
HB0208 Dels Healey and
Stein. Agriculture - Neonicotinoid
Pesticides - Sale and Storage.
HB0209 Del Belcastro. Public Health - Maryland Suicide Fatality Review
Committee.
HB0210 Del Bhandari. State Board of Physical Therapy Examiners -
Temporary Licenses to Practice Physical Therapy and Limited Physical Therapy.
HB0211 Del Bhandari. Election Law - Early Voting Centers - Days of
Operation.
HB0212 Del Cardin. Criminal Procedure - Medical Emergency -
Immunity.
HB0213 Del Cardin. Courts - Prohibited Indemnity and Defense
Liability Agreements.
HB0214 Del Malone. Wetlands and Waterways - Riparian Rights -
Prohibition on Termination or Impairment.
HB0215 Del Palakovich
Carr. Income Tax - Carried Interest -
Additional Tax.
HB0216 Del
Valentino-Smith. Higher Education -
Tuition Exemption for Foster Care Recipients and Homeless Youth - Alterations
and Reports.
HB0217 Del Wilkins. Income Tax - Subtraction Modification -
Expenses of Medical Cannabis Grower, Processor, Dispensary, or Independent
Testing Laboratory.
HB0218 Del Love. Commercial Law - Consumer Protection -
Biometric Identifiers and Biometric Information Privacy.
HB0219 Del Krebs. Naturopathic Doctors - Formulary Council
Membership, Formulary Content, and Scope of Practice.
HB0220 Del Adams. Clean Energy Attribute Credits and
Procurement.
HB0221 Del Turner. Motor Vehicle Insurance - Use of Credit
History in Rating Policies.
HB0222 Del Wilkins. Value My Vote Act.
HB0223 Del Love. Criminal Law - Person in a Position of
Authority - Sexual Offenses With a Minor.
HB0224 Del Krebs. Department of Information Technology - Study
of a Common Information Technology Platform for Health Occupations Boards.
HB0225 Del Arentz. Queen Anne's County - Natural Resources -
Sunday Hunting.
HB0226 Del R. Lewis. Baltimore City - Complete Streets Program
Funding - Traffic and Vehicle Monitoring Systems.
HB0227 Del Charles. Courts - Improperly Summoning a Police
Officer - Civil Liability.
HB0228 Del Ivey. University of Maryland Medical System -
Applicability of the Public Information Act and Open Meetings Act.
HB0229 Del Stewart. Corporate Income Tax - Throwback Rule.
HB0230 Del Proctor. Inmates - Life Imprisonment - Parole Reform.
HB0231 Del Palakovich
Carr. Crimes - Mitigation - Race, Color,
National Origin, Sex, Gender Identity, or Sexual Orientation.
HB0232 Del
Fraser-Hidalgo. Maryland Agricultural
Commission - Hemp Industry Member.
HB0233 Del
Sample-Hughes. State Board of
Professional Counselors and Therapists - Maryland Music Therapists Act.
HB0234 Del Williams. Criminal Law - Harm to Service Animals.
HB0235 Del W. Fisher. Correctional Services - Pregnant Incarcerated
Individuals - Substance Abuse Assessment and Treatment.
HB0236 Del Hill, et
al. Department of General Services -
Energy-Conserving Standards (Maryland Sustainable Buildings Act of 2021).
HB0237 Del Ebersole. State Department of Education - Early
Literacy and Dyslexia Practices - Guidance and Assistance.
HB0238 Del Wells. Criminal Procedure - Automatic Expungement.
HB0239 Del Rogers. State Real Estate Commission - Property
Managers - Registration.
HB0240 Del Shetty. Criminal Procedure - Forensic Genetic
Genealogical DNA Analysis, Searching, Regulation, and Oversight.
HB0241 Del Wilson. Criminal Procedure - Search Warrants -
Requirements.
HB0242 Del
Atterbeary. Family Law - Emancipation of
a Minor and Authorization to Marry.
HB0243 Del Atterbeary. Family Law - Grounds for Divorce.
HB0244 Del
Valentino-Smith. Task Force to Study
Access to Mental Health Care in Higher Education.
HB0245 Del Hill. Election Judges - Training and Signs -
Accommodations for Voters in Need of Assistance.
HB0246 Dels Hill and R.
Lewis. Higher Education - Returned Peace
Corps Volunteers - In-State Tuition.
HB0247 Del Guyton. Election Law - Voting Order Priority -
Individuals Who Need Extra Assistance.
HB0248 Del Shetty. Condominiums and Homeowners Associations -
Rights and Restrictions - Composting.
HB0249 Del Cardin. Agriculture - License to Produce Hemp -
Limitation.
HB0250 Del
Fraser-Hidalgo. Commercial Motor
Vehicles - Inspections.
HB0251 Del Carr. Maryland Funding Accountability and Transparency
Act - Nonbudgeted State Agencies.
HB0252 Dels Long and
Arikan. Tax Sales - Owner-Occupied
Residential Property.
HB0253 Del Grammer. Baltimore County - Nuisance Actions -
Community Association.
HB0254 Del Hill, et
al. University of Maryland, Baltimore -
Study on the Health Effects of Air Traffic Noise.
HB0255 Del Hill, et
al. Department of Aging - Grants for
Aging-in-Place Programs - Funding.
HB0256 Del Rosenberg, et
al. Baltimore City - Alcoholic Beverages
Licenses - Hours of Sale.
HB0257 Del Qi. Maryland Commission on Civil Rights -
Employment Discrimination - Reporting.
HB0258 Del Guyton. State Child Welfare System - Reporting.
HB0259 Del Ivey. Historically Black Colleges and Universities
- Independence From University System of Maryland.
HB0260 Del W. Fisher. Courts - Jury Service - Disqualification.
HB0261 Del T. Branch. Business Regulation - Battery-Charged Fence
Security Systems - Regulation.
HB0262 Del Palakovich
Carr. Opportunity Zone Tax Deduction
Reform Act of 2021.
HB0263 Del Wilson. Civil Actions - Child Sexual Abuse -
Definition and Statute of Limitations.
HB0264 Del
Charkoudian. Solid Waste Management -
Organics Recycling and Waste Diversion - Food Residuals.
HB0265 Del Moon. General Assembly - Special Election to Fill a
Vacancy in Office.
HB0266 Del Cox. Student Education Equity Grant Program -
Established (Student Education Equity in Funding Act).
HB0267 Del Grammer. Sewage Treatment Plants - Effluent Discharges
- Impacts on Midge Populations.
HB0268 Del Grammer. Criminal Trials - Spousal Privilege -
Exception.
HB0269 Del Wells. Department of Agriculture - Urban Agriculture
Grant Program.
HB0270 Del K. Young. Criminal Procedure - Victims of Sexually
Assaultive Behavior - Required Meeting.
HB0271 Del Ebersole. Public Safety - Law Enforcement Diversion
Programs.
HB0272 Del Carr. Public Information Act - Required Denials -
Sociological Information and Distribution Lists .
HB0273 Del Turner. Education - Voluntary Ethical Special
Education Advocate Certificate Program.
HB0274 Del Cardin. Election Law - Elections by Mail.
HB0275 Del Smith. Individual Income Tax - Brackets and Rates -
Alteration.
HB0276 Del Henson. Congregate Care Facilities - Visitation.
HB0277 Del
Atterbeary. Criminal Law - First-Degree
Child Abuse - Continuing Course of Conduct.
HB0278 Del Feldmark, et
al. Economic Development - Job Creation
Tax Credit - Qualified Position.
HB0279 Dorchester County
Delegation. Motor Vehicle Registration -
Exception for Golf Carts - Hoopers Island and Taylors Island.
HB0280 Del
Charkoudian. Maryland Recycling Act -
Recyclable Materials and Resource Recovery Facilities - Alterations.
HB0281 Del Chang. Criminal Law - Humane Society and Animal
Control Officers - Education and Training Requirements.
HB0282 Del Brooks. Income Tax - Subtraction Modification for
Centenarians.
HB0283 Del Reilly. Harford County - Board of Education - Terms
of Appointed Members.
HB0284 Del R. Lewis. Vehicle Laws - Dedicated Bus Lanes -
Enforcement.
HB0285 Del R. Lewis. Workgroup on Statewide Vehicle Crash Data
Collection and Reporting.
HB0286 Dels Hartman and
Long. Hate Crimes - Law Enforcement
Officers and First Responders.
HB0287 Del Johnson. Harford County - Alcoholic Beverages - Resort
Complex License.
HB0288 Del Charles. Audiology and Speech-Language Pathology
Interstate Compact.
HB0289 Del
Atterbeary. Peace Orders - Workplace
Violence.
HB0290 Del Hill, et
al. Employment Discrimination - Time for
Filing Complaints.
HB0291 Del Krimm. Vehicle Laws - Failure to Pay Video Toll -
Outstanding Fines.
HB0292 Del Stewart. Public Ethics - Gifts and Lobbyist
Registration (Public Integrity Act of 2021).
HB0293 Del Stein. Natural Resources - Organized Killing
Contests - Restriction.
HB0294 Del Williams. Business Occupations and Professions -
Architects - Scope of Licensure.
HB0295 Dels Love and
Henson. Water Pollution - Stormwater
Management Regulations and Watershed Implementation Plans - Review and Update.
HB0296 Del Stein. Driver's Licenses - Older Licensees -
In-Person Renewal.
HB0297 Del
Pena-Melnyk. Maryland Lynching Truth and
Reconciliation Committee - Reporting and Sunset Extension.
HB0298 Del
Charkoudian. Utility Regulation -
Consideration of Climate and Labor.
HB0299 Del Carr. State Board of Physicians - Genetic
Counselors - Licensing.
HB0300 Dorchester County
Delegation. Commemorative Days -
Maryland Voting Equity Reform Day.
HB0301 Dels Shetty and R.
Lewis. Estates and Trusts - Maryland
Revised Uniform Anatomical Gift Act - Revisions.
HB0302 Del Stein. Environment - On-Site Wastewater Services -
Regulation.
HB0303 Del Stewart. Long-Term Care Insurance - Prohibition on
Premium Increases (Long Term Stability for Seniors Act).
HB0304 Del W. Fisher. State and Local Government - Participation in
Federal Immigration Enforcement.
HB0305 Del Proctor. Public Safety - Task Force on Missing
Persons.
HB0306 Del C.
Jackson. Hate Crimes - False Statement
to a Law Enforcement Officer.
HB0307 Del Rosenberg. Maryland Technology Internship Program -
Qualifications for Participation - Alterations.
HB0308 Dels Rosenberg and
Cardin. Courts - Civil Actions -
Strategic Lawsuits Against Public Participation.
HB0309 Dels Pena-Melnyk
and R. Lewis. Public Health - Data -
Race and Ethnicity Information.
HB0310 Del Lierman. Maryland Arts Capital Grant Program.
HB0311 Del Carr. Vehicle Laws - Intersections - Prohibited
Acts.
HB0312 Del Reilly. Harford County - Alcoholic Beverages - Assisted
Living Program License.
HB0313 Del Holmes. Cooperative Housing Corporations,
Condominiums, and Homeowners Associations - Reserve Studies - Statewide.
HB0314 Del Lierman. Plastic Bag Reduction Act.
HB0315 Del Bartlett, et
al. Juvenile Law - Juvenile
Interrogation Protection Act.
HB0316 Del Smith. Conditions of Pretrial Release - Home
Detention Monitoring.
HB0317 Del Gilchrist. Maryland Green Purchasing Committee - Food
and Beverage Procurement - Greenhouse Gas Emissions.
HB0318 Del K. Young. Developmental Disabilities Administration -
Self-Directed Services (Self-Direction Act).
HB0319 Del Palakovich
Carr. Local Tax Relief for Working
Families Act of 2021.
HB0320 Del Smith. Maryland Longitudinal Data System - Transfer
of Student Data - Modifications.
HB0321 Del Ebersole. Public Buildings - Changing Facilities -
Requirements.
HB0322 Dels Hill and
Feldmark. Real Property - Restrictions
on Use - Low-Impact Landscaping.
HB0323 Del Arentz. Queen Anne’s County - Alcoholic Beverages - Repeal
of Place of Worship Prohibition.
HB0324 Del Moon. Criminal Law - Marijuana - Possession and
Possession With Intent to Distribute.
HB0325 Del Mautz. Talbot County - Deer and Turkey Hunting -
Sundays.
HB0326 Del Grammer. Clerks of the Courts - Case Management System
- Information on Judge or Magistrate.
HB0327 Del Adams. State Finance and Procurement - Retainage
Proceeds.
HB0328 Del Kerr. Financial Institutions - Abandoned Property -
Notice and Records.
HB0329 Dels Cardin and
Crutchfield. Criminal Procedure -
Warrants - Issuance.
HB0330 Del
Charkoudian. Effective Corporate Tax
Rate Transparency Act of 2021.
HB0331 Del Johnson. Criminal Procedure - Questioning of Minors by
Police Officers.
HB0332 Del Ivey. Renewable Energy Portfolio Standard -
Eligible Sources.
HB0333 Del Clark. Marine Contractor License - Performance of
Services - Licensing Requirements and Fees.
HB0334 Del Korman. Maryland Transit Administration - Conversion
to Zero-Emission Buses (Zero-Emission Bus Transition Act).
HB0335 Del Boyce. Election Law - Party and Elected Public
Offices - Prohibitions.
HB0336 Del Ivey. Private Institutions of Higher Education -
Police Departments - Repeal and Prohibition.
HB0337 Del P. Young. Sales and Use Tax - Vendor Collection Credit
- Job Training.
HB0338 Del Ebersole. Business Regulation - Innkeepers - Records
and Human Trafficking Awareness Training.
HB0339 Del Malone. Legislative Districts - Standards.
HB0340 Del
Pena-Melnyk. Commercial Law - Retail
Transactions - Cash Payments (Cash Transactions Preservation Act).
HB0341 Del Lehman, et
al. Election - Absentee Ballot Canvass -
Start and Release of Tabulation.
HB0342 Del Wilson. Education - Health and Safety of Students -
Notification of Problematic Student Behavior.
HB0343 Del Henson, et
al. Family Law - Nonpayment of Child
Support - Sentencing.
HB0344 Del Korman. Open Meetings Act - Requirements for State
Agencies and Local Boards of Elections (Maryland Transparency Act of 2021).
HB0345 Del
Charkoudian. Public Utilities - Gas
Service Regulator Safety (Flower Branch Act).
HB0346 Del Carr. Vehicle Laws - Failure to Pay Video Toll -
Penalties.
HB0347 Del Shetty. Criminal Law - Exploitation of Vulnerable
Adult or Elderly Individual - Undue Influence.
HB0348 Del Long. Baltimore County - Homestead Property Tax
Credit Notice - Pilot Program.
HB0349 Del Arentz. Queen Anne's County - Alcoholic Beverages -
Unannounced Visits by Inspectors.
HB0350 Del Adams. Labor and Employment - Maryland Healthy
Working Families Act - Verification.
HB0351 Del Malone. Income Tax - Subtraction Modification for
Qualified Higher Education Expenses - Annual Limitation.
HB0352 Del Holmes. Real Property - Condominiums and Homeowners
Associations - Governing Bodies and Annual Meetings.
HB0353 Del Ivey. Civil Actions - Violation of Rights -
Governmental Liability.
HB0354 Del W. Fisher, et
al. Criminal Procedure - Probation
Before Judgment - Facts Justifying a Finding of Guilt and Suspension of
Sentence.
HB0355 Del Ruth. Election Law - Registered Voter List Security
and Electronic Signature Requirements for Petitions.
HB0356 Del Qi. Corporations and Associations - Filing Fee
Study.
HB0357 Del Palakovich
Carr. Income Tax - Pass-Through Entity -
Additional Tax.
HB0358 Del Wilson. Income Tax Checkoff - Maryland Veterans Trust
Fund.
HB0359 Del Guyton. Maryland Longitudinal Data System - Student
Data - Pregnant and Parenting Students.
HB0360 Del Lierman. Income Tax - Angel Investor Tax Credit Program.
HB0361 Del Holmes. Real Property - Governing Bodies of Common
Ownership Communities - Member Training.
HB0362 Del
Valentino-Smith. Juvenile Law -
Probation.
HB0363 Del Lierman. Maryland Public Ethics Law - Retaliation for
Reporting or Participating in Investigation - Prohibition.
HB0364 Del P. Young. State Finance and Procurement - Central
Collection Unit - Powers.
HB0365 Del W. Fisher. Criminal Procedure - Office of the Attorney
General - Prosecution of Police Officer.
HB0366 Dels Cardin and
Crutchfield. District Court
Commissioners - Arrest Warrants - Recall and Issuance of a Summons.
HB0367 Del Holmes. Real Property - Regulation of Common
Ownership Community Managers.
HB0368 Del Bagnall. Task Force on Oral Health in Maryland.
HB0369 Del Rosenberg. Election Law - Foreign Manufacture of
Election Systems - Notification and Termination of Contract.
HB0370 Del Kerr. Education - Public and Nonpublic Schools -
Seizure Action Plans (Brynleigh's Act).
HB0371 Del P. Young. State Lottery - Instant Ticket Lottery
Machines - Fraternal Organizations (ITLMs for Homeless Veterans Act).
HB0372 Del Moon. Criminal Law - Drug Paraphernalia for
Administration - Decriminalization.
HB0373 Del Wilson. Education - Child Abuse and Sexual Misconduct
Prevention - Hiring Emergent Employees.
HB0374 Del Smith. Collective Bargaining - Baltimore City
Community College - Faculty.
HB0375 Del
Valderrama. Labor and Employment -
Family and Medical Leave Insurance Program - Establishment (Time to Care Act of
2021).
HB0376 Del Mautz. Renewable Energy Portfolio Standard -
Municipal Electric Utilities.
HB0377 Del Bagnall. Commission on Student Behavioral Health and
Mental Health Treatment.
HB0378 Del D.M.
Davis. Local Government Tort Claims Act
- Definition of Local Government.
HB0379 Del
Charkoudian. Public Utilities -
Low-Income Housing - Energy Performance Targets.
HB0380 Del Malone. Sales and Use Tax – Tax-Free Period for
Back-to-School Shopping - School Supplies and Textbooks.
HB0381 Del Long. Animal Shelters - Standards of Operation.
HB0382 Del Wilson. Juvenile Law - Conduct by Children Involving
Sexually Explicit or Nude Images.
HB0383 Del Carr. Traffic Control Signal Monitoring Systems -
Exclusion of Vehicle Rental Companies - Repeal and Notification Requirement.
HB0384 Del
Sample-Hughes. Real Property - Sale of
Mobile Home Parks - Notice Requirements.
HB0385 Del Crutchfield, et
al. Criminal Law - Felony Murder -
Limitation and Review of Convictions for Children.
HB0386 Del Malone. Property Tax Credit - Disabled or Fallen Law
Enforcement Officers and Rescue Workers - Federal Criminal Investigator.
HB0387 Del Stein. Homeowners' Property Tax Credit - Eligibility
- Hardship Exception.
HB0388 Del Turner. State Lottery and Gaming Control Agency -
Gaming Study - Use of Gaming Proceeds.
HB0389 Del Hill. General Provisions - State Song - Repeal and
Competition.
HB0390 Dels Johnson and
Lisanti. University of Maryland -
Harford Memorial Hospital Closure - Economic Impact Study.
HB0391 Del Hartman, et
al. Solid Waste Management - Prohibition
on Releasing a Balloon Into the Atmosphere.
HB0392 Del Guyton. Child Care Centers - Early Childhood
Screening and Assistance.
HB0393 Del Barron, et
al. Maryland Office of the Inspector
General for Health.
HB0394 Del Smith. Public Schools - Fees for Summer School
Courses - Prohibition.
HB0395 Del Adams. Business Regulation - Home Improvement
Contracts - Deposits.
HB0396 Del
Pena-Melnyk. Public Health - Overdose
and Infectious Disease Prevention Services Program.
HB0397 Del Lierman. Electricity and Gas - Energy Suppliers -
Supply Offers.
HB0398 Del Palakovich
Carr. Election Law - Time Off for
Employee Voting.
HB0399 Del Krimm. Real Property - Required Notices for
Contracts of Sale - Zones of Dewatering Influence.
HB0400 Del Boyce. Public Schools - Enrollment Location -
Continuity.
HB0401 Del Guyton. Public Schools - Pregnant and Parenting
Students - Policies and Reports.
HB0402 Del Malone. Correctional Services - Division of Parole and
Probation - Definition of Absconding.
HB0403 Del Ebersole. Video Lottery Operation License - Renewal.
HB0404 Del W. Fisher. Vehicle Laws - Speed Monitoring Systems -
Child Care Centers.
HB0405 Del Lopez. Special Education - Judicial Actions - Attorney's
Fees and Related Costs.
HB0406 Del P. Young. Higher Education - Nonresident Tuition -
Exemption for Spouses and Dependents of Honorably Discharged Veterans.
HB0407 Del Stein. On-Site Sewage Disposal Systems - Inspection
- Licensing.
HB0408 Del D.E.
Davis. Business Regulation - Home
Improvement Contracts - Payments.
HB0409 Del J. Lewis. Juveniles Convicted as Adults - Sentencing -
Limitations and Reduction (Juvenile Restoration Act).
HB0410 Del Malone. Congressional Districts - Standards
(Anti-Gerrymandering of Maryland's Congressional Districts).
HB0411 Del Williams, et
al. Criminal Law - Law Enforcement
Officers - Prohibition on Sexual Activity.
HB0412 Del K. Young. Task Force to Study Increased Voter
Participation.
HB0413 Del Wells. Judges - Implicit Bias - Testing, Training,
and Evaluation.
HB0414 Del D.M.
Davis. Southern Maryland Rapid Transit
Project - Funding.
HB0415 Del Grammer. Firearms - Right to Purchase, Own, Possess,
and Carry - Medical Cannabis.
HB0416 Del Belcastro. Health Care Facilities - Assisted Living
Programs - Memory Care and Alzheimer's Disease Unit Regulations.
HB0417 Del Adams. Education - Public Schools - Required Number
of School Days or Hours.
HB0418 Del Guyton. County Boards of Education - Symbols of Hate
- Policy.
HB0419 Del Qi. Economic Development - Advanced Clean Energy
and Clean Energy Innovation Investments and Initiatives.
HB0420 Del Wilson. Employers of Ex-Offenders - Liability for
Negligent Hiring or Inadequate Supervision - Immunity.
HB0421 Del Rosenberg. Income Tax Distribution - Tax Clinics for
Low-Income Marylanders.
[21-03-19]
Senate Bills
SB0001 Sen Sydnor, et
al. Historically Black Colleges and
Universities - Funding.
SB0002 Sen McCray, et
al. Maryland Environmental Service
Reform Act of 2021.
SB0003 Sen Griffith, et
al. Preserve Telehealth Access Act of
2021.
SB0004 Sen Edwards, et
al. Maryland Public Ethics Law -
Retaliation for Reporting or Participating in Investigation - Prohibition.
SB0005 Sen Griffith, et
al. Public Health - Implicit Bias
Training and the Office of Minority Health and Health Disparities.
SB0006 Sens Lam and
Hough. General Assembly – Special
Election to Fill a Vacancy in Office.
SB0007 Sen Simonaire. Courts – Court Dog Therapy Program – Veterans
Treatment Courts.
SB0008 Sen Kagan. General Provisions – State Song – Repeal.
SB0009 Sen Kramer. State Employees - Collective Bargaining -
Applicability, Bargaining Processes, and Memorandums of Understanding.
SB0010 Sens Waldstreicher
and Ferguson. Election Law – Polling
Sites – Firearms Prohibitions.
SB0011 Sen Ellis. Sales and Use Tax - Agricultural Purpose
Exemption - Seedlings and Fruit Trees.
SB0012 Sen Hettleman. Maryland Office of the Inspector General for
Health.
SB0013 Sen Eckardt. Certified Nursing Assistants – Certificate
Renewal – Training Program Requirements.
SB0014 Sen Kelley, et
al. Compensation to Individual
Erroneously Convicted, Sentenced, and Confined (The Walter Lomax Act).
SB0015 Sen Bailey. Firearms - Handgun Permit - Notice of
Expiration and Renewal Instructions.
SB0016 Sen Augustine. Commercial Law - Consumer Protection -
Biometric Identifiers and Biometric Information Privacy.
SB0017 Sens Carozza and
West. Criminal Law – Life–Threatening
Injury Involving a Motor Vehicle or Vessel – Criminal Negligence (Wade’s Law).
SB0018 Sen Hough, et
al. Income Tax – Subtraction
Modification – School Supplies for Home Instruction and Virtual Learning
Programs.
SB0019 Chr B&T
(Dept). Economic Development –
Biotechnology Investment Incentive Tax Credit Program – Alterations.
SB0020 Sen Carter. Vehicle Laws - Canceled, Revoked, and
Suspended Driver's Licenses - Penalties.
SB0021 Sen Reilly. Wetlands and Waterways - Riparian Rights -
Prohibition on Termination or Impairment.
SB0022 Sen Young. On-Site Sewage Disposal Systems - Inspection
- Licensing.
SB0023 Sen Hettleman. Conditions of Pretrial Release - Home
Detention Monitoring.
SB0024 Sen West. Gaming – Sports and Event Wagering License –
Maryland State Fair and Agricultural Society, Inc..
SB0025 Sen Eckardt. Commemorative Days - Maryland Voting Equity
Reform Day.
SB0026 Sen Ellis. State Highway Administration - State Highways
and Interstate Highways - Litter Collection and Mowing.
SB0027 Sen Hough, et
al. Public Safety - Permit to Carry,
Wear, or Transport a Handgun - Qualifications.
SB0028 Sen Patterson, et
al. Criminal Law - Second Degree Assault
- Sports Official.
SB0029 Sen Kramer. Election Law - Voting - Elections by Mail, Polling
Places, and Early Voting Centers.
SB0030 Sens Elfreth and
Guzzone. State Finance and Procurement -
Appropriation Reductions (Board of Public Works Budget Reduction Clarification
Act).
SB0031 Sen
Washington. Electricity and Gas – Energy
Suppliers – Supply Offers.
SB0032 Chr JPR
(Dept). Maryland Transit Administration
- Limitation of Liability.
SB0033 Sen Ellis. State and County Procurement - Minority
Business Enterprise Program Participation Goals.
SB0034 Sen Lam. State Board of Physicians - Genetic
Counselors - Licensing.
SB0035 Sen Feldman. Procurement – Prevailing Wage –
Applicability.
SB0036 Sen Gallion. Election Integrity Act.
SB0037 Sen Carter. Election Law - Registered Voter List Security
and Electronic Signature Requirements for Petitions.
SB0038 Sen West. Baltimore County - Alcoholic Beverages -
Board of License Commissioners - Qualifications.
SB0039 Sen Ellis. Department of Planning - Collateral
Consequences for Individuals With Criminal Records - Study.
SB0040 Sen Peters. Higher Education – Richard W. Collins III
Leadership With Honor Scholarship – Bowie State.
SB0041 Sen Augustine. Health – Mental and Emotional Disorders –
Consent (Mental Health Access Initiative).
SB0042 Sen Young. Public Safety - Police Officers - Screening
for Violent Behavior, Aggressive Behavior, and Bias.
SB0043 Sens Elfreth and
Hettleman. Criminal Law - Law
Enforcement Officers - Prohibition on Sexual Activity.
SB0044 Chr JPR
(Dept). Correctional Officers - Age
Requirement.
SB0045 Sen Patterson. State Lottery and Gaming Control Agency -
Gaming Study - Use of Gaming Proceeds.
SB0046 Sen Lam. Crimes - Mitigation - Race, Color, National
Origin, Sex, Gender Identity, or Sexual Orientation.
SB0047 Sen Corderman. Health Facilities – Nursing Homes and
Assisted Living Programs – Essential Caregivers.
SB0048 Sen Young, et
al. Income Tax - Subtraction
Modification - Living Organ Donors.
SB0049 Sen Lee. State Government - Department of Information
Technology - Cybersecurity.
SB0050 Sen Carter. Criminal Procedure - Police Officers - Duty
to Intervene.
SB0051 Sen Bailey. Tri-County Council for Southern Maryland -
Property Management - Southern Maryland Regional Agricultural Center.
SB0052 Sen
Washington. Public Health – Maryland Commission
on Health Equity (The Shirley Nathan–Pulliam Health Equity Act of 2021).
SB0053 Sen Hershey. Clean Energy Attribute Credits and
Procurement.
SB0054 Chr FIN
(Dept). Local Government – Clean Energy
Loan Programs – Grid Resilience Projects.
SB0055 Sen Sydnor. Legislative Department - Eligibility to Serve
as Senators and Delegates - Place of Abode.
SB0056 Sen Eckardt. Maryland Medical Assistance Program -
Psychiatrist and Psychiatric Nurse Practitioner Telemedicine Reimbursement -
Sunset Termination.
SB0057 Sen Lee. Family Law – Child Custody and Visitation.
SB0058 Sen Ellis. Election Law - Local Boards of Elections -
Membership.
SB0059 Sen Patterson. State Procurement - Small Business Reserve
Program.
SB0060 Sen Peters. State Debt - Annuity Bond Fund - Use of Bond
Premiums.
SB0061 Sen Lam. Public Buildings – Changing Facilities –
Requirements.
SB0062 Sens Hester and
Elfreth. Emergency Management - Chief
Resilience Officer - Appointment and Duties.
SB0063 Sen Benson. Marlow Heights Police Department -
Establishment.
SB0064 Sen Salling. Unemployment Insurance - Earned Rating Record
- Waiver of Benefit Charges Due to COVID-19.
SB0065 Sen Kelley. Electricity - Renewable Energy Portfolio
Standard - Qualifying Biomass.
SB0066 Sen Elfreth, et
al. Department of Housing and Community
Development - Office of Digital
Inclusion - Established (Digital Connectivity Act of 2021).
SB0067 Chr EHE
(Dept). Emergency Medical Services –
Paramedics – Vaccination Administration.
SB0068 Sen Lam. Maryland Department of Emergency Management -
Establishment.
SB0069 Sens Hester and
Simonaire. Maryland Emergency Management
Agency - Cybersecurity Coordination and Operations Office - Establishment.
SB0070 Sen Patterson. Environment - Mold Inspections - Standards,
Reporting, and Penalties.
SB0071 Sen Sydnor. Police Officers - Testimony - Presumption of
Inadmissibility (Maryland Police Accountability Act of 2021).
SB0072 Sen Kagan. Open Meetings Act - Requirements for State Agencies
and Local Boards of Elections (Maryland Transparency Act of 2021).
SB0073 Sen Young. State Real Estate Commission - Property
Managers - Registration.
SB0074 Sen
Washington. Police Officers – Mental
Health – Employee Assistance Programs.
SB0075 Sen Hettleman. Driver's Licenses - Older Licensees -
In-Person Renewal.
SB0076 Sen Kramer. Climate Crisis and Education Act.
SB0077 Sen Griffith. Energy Efficiency - Net-Zero Homes - Contract
Preferences.
SB0078 Sen
Waldstreicher. Public Safety - Law
Enforcement and Emergency Medical Services Providers - Administration of
Ketamine.
SB0079 Sen Kramer. Electricity – Change of Address – Maintenance
of Subscriptions and Contracts.
SB0080 Sen Kagan. Economic Development - Maryland Technology
Development Corporation - Alterations.
SB0081 Sen Ellis. Southern Maryland Rapid Transit Project -
Funding.
SB0082 Sen Augustine. State Board of Professional Counselors and
Therapists - Maryland Music Therapists Act.
SB0083 Sen Kramer. Utility Regulation - Consideration of Climate
and Labor.
SB0084 Sens Young and
Waldstreicher. Pharmacists –
Administration of Self–Administered Medications and Maintenance Injectable
Medications.
SB0085 Sen Rosapepe. Creating Governor's Office of Immigrant
Affairs.
SB0086 Chr FIN
(Dept). Correctional Education – Changes
to Mandatory Education Requirements.
SB0087 Sen West. General Provisions – State Song – Repeal and
Competition.
SB0088 Sen Smith. State and Local Government - Participation in
Federal Immigration Enforcement.
SB0089 Sen Peters. Municipalities - Vacancies in Elected
Offices.
SB0090 Sen Feldman. Electric Facilities - Study and Procedures.
SB0091 Sens Waldstreicher
and McCray. Criminal Law - Assault of a
Public Transportation Operator - Penalties.
SB0092 Sen Eckardt. Income Tax - Credits for Preceptors in Areas
With Health Care Workforce Shortages - Eligibility and Sunset Repeal.
SB0093 Sen Griffith. Business Occupations and Professions -
Architects - Scope of Licensure.
SB0094 Sen Ellis. Public Health – Local Health District Boards.
SB0095 Sen Kramer. Public Utilities - Investor-Owned Utilities -
Prevailing Wage.
SB0096 Sen McCray. Public Health – Behavioral Health Programs
and Health Care Facilities – Safety and Community Relations Plans.
SB0097 Sen Rosapepe. Purple Line Marketing Act.
SB0098 Sen McCray. County Boards and Public and Nonpublic
Prekindergarten Programs and Schools - Discrimination - Prohibition.
SB0099 Sen Bailey. Hate Crimes - Law Enforcement Officers and First
Responders.
SB0100 Sen Kelley. Task Force on Oral Health in Maryland.
SB0101 Sens Kagan and
Reilly. Criminal Law - Public Safety -
Interference With Agencies and Services - Prohibitions.
SB0102 Sen Eckardt. Income Tax - Credits for Preceptors in Areas
With Health Care Workforce Shortages.
SB0103 Sen Kramer. Business Regulation – Retail Pet Stores –
Modifications (No More Puppy– and Kitten–Mills Act of 2021).
SB0104 Sen Bailey. Public and Nonpublic Schools - Electric
Retractable Room Partitions - Operation Requirements.
SB0105 Sen Sydnor. Peace Orders - Workplace Violence.
SB0106 Chr FIN
(Dept). Licensing – Good Standing With
the State Department of Assessments and Taxation – Requirement.
SB0107 Sen Hayes. Labor and Employment - Secure Maryland Wage
Act.
SB0108 Sen Hough, et
al. Criminal Law - Crime of Violence -
Definition.
SB0109 Chr JPR
(Dept). Secretary of State - Address
Confidentiality Programs - Merger of Programs and Expanded Participant
Eligibility.
SB0110 Chr FIN
(Dept). Private Passenger Motor Vehicle
Liability Insurance - Notices - Alteration of Requirements.
SB0111 Sen Kramer. Health Care Facilities – Dialysis Treatment
Services – Training (David Selby Dialysis Parity Act).
SB0112 Sen Lee. Commercial Law - Personal Information
Protection Act - Revisions.
SB0113 Sen Rosapepe. Opportunity Zone Tax Deduction Reform Act of
2021.
SB0114 Sen McCray. Criminal Procedure – Expungement of
Conviction – Driving While Privilege Is Canceled, Suspended, Refused, or
Revoked.
SB0115 Sen Patterson. Baltimore City and Prince George's County -
Diversionary and Reentry Program.
SB0116 Sens Kagan and
West. Department of the Environment –
Office of Recycling – Recycling Market Development.
SB0117 Sen Sydnor. Workgroup on Minority Homeownership,
Neighborhood Revitalization, and Household Wealth Equity.
SB0118 Chr JPR
(Dept). Correctional Services - Warrant
Apprehension Unit - Transfer.
SB0119 Sens Guzzone and
Elfreth. Clean Water Commerce Act of
2021.
SB0120 Chr FIN
(Dept). Insurance - Credit for
Reinsurance Model Law - Revisions.
SB0121 Sens Patterson and
Benson. Zoning - Environmental Justice
Considerations.
SB0122 Sen Kramer. Crimes – Unattended Dogs in Extreme Weather
Conditions.
SB0123 Sen Young. Small Business Fairness Act.
SB0124 Sen Carter. Courts and Judicial Proceedings - Court Fines
- Payment.
SB0125 Chr EHE
(Dept). State Board of Chiropractic
Examiners - Sunset Extension.
SB0126 Sens Hester and
Zucker. State Department of Education -
Early Literacy and Dyslexia Practices - Guidance and Assistance.
SB0127 Sens Patterson and
Augustine. Institutions of Higher
Education - Use of Criminal History in Admission - Modifications.
SB0128 Sen Kramer. Hate Crimes - Civil Remedy.
SB0129 Sen Gallion. Education – Harford County – Liability of
School Bus Contractors.
SB0130 Sen Ellis. Landlord and Tenant – Failure to Pay Rent –
Fee Limit During Emergencies.
SB0131 Sen Patterson. Labor and Employment - Apprenticeship and
Training Council - Representation.
SB0132 Chr JPR
(Dept). Inspection of Public Records –
Notaries Public – Disclosure of Home Address and Phone Number.
SB0133 Sen Rosapepe. Local Tax Relief for Working Families Act of
2021.
SB0134 Sen Hettleman, et
al. Civil Actions - Child Sexual Abuse -
Definition and Statute of Limitations.
SB0135 Sen
Klausmeier. Business Regulation –
Battery–Charged Fence Security Systems – Regulation.
SB0136 Sen Carter. Juvenile Law - Juvenile Interrogation
Protection Act.
SB0137 Sen Zucker. Maryland Transit Administration – Conversion
to Zero–Emission Buses (Zero–Emission Bus Transition Act).
SB0138 Sen Hettleman. Education - Baltimore County Public Library -
Collective Bargaining.
SB0139 Sens Carozza and
Beidle. Interstate Occupational Therapy
Licensure Compact.
SB0140 Sen Peters. Vehicle Laws - Commercial Motor Carriers -
Safety, Inspection, Performance, and Insurance Information (James Cohran's
Law).
SB0141 Chr EHE
(Dept). State Board of Public
Accountancy – Education Requirements – Obsolete References.
SB0142 Sen Ellis. Legal Holiday - Maryland Emancipation Day -
Establishment.
SB0143 Sens Waldstreicher
and Carter. Criminal Law - Marijuana -
Possession and Possession With Intent to Distribute.
SB0144 Sen Guzzone. Electric Vehicle Recharging Equipment for
Multifamily Units Act.
SB0145 Sen Hough. Family Law - Preventing or Interfering With
Report of Suspected Sexual Abuse of a Child - Statute of Limitations.
SB0146 Chr B&T
(Dept). Department of Juvenile Services
– Deputy Secretaries.
SB0147 Sen Feldman. Task Force on Higher Education Students With
Chronic Health Conditions.
SB0148 Sens West and
Feldman. Electric Generation –
Transition From Fossil Fuels – Carbon Dioxide Emissions Rate and Transition
Plan and Fund (Maryland Coal Community Transition Act of 2021).
SB0149 Sen Kelley. Insurance - Application of Premium Tax -
Continued Exclusion of Maryland Automobile Insurance Fund.
SB0150 Sen Sydnor. Baltimore County - Board of Education -
Election of Officers.
SB0151 Sen Patterson. Constitutional Amendment - Environmental
Rights.
SB0152 Chr FIN
(Dept). Maryland Strategic Energy
Investment Fund – Use of Funds and Electric Vehicle Excise Tax Credits.
SB0153 Sen Eckardt. Renewable Energy Portfolio Standard -
Municipal Electric Utilities.
SB0154 Sen Hettleman, et
al. Landlord and Tenant - Eviction
Action - Right to Counsel.
SB0155 Sen
Washington. Higher Education - Tuition
Exemption for Foster Care Recipients and Homeless Youth - Alterations and
Reports.
SB0156 Sen Kramer. Public Safety - Law Enforcement - Veterinary
Care of Retired Law Enforcement K-9s Act.
SB0157 Sen Ellis. Procurement – Specialized Printing Services
Contracts – Board of Public Works Approval.
SB0158 Sen Lee. Election Law - Time Off for Employee Voting.
SB0159 Sen
Waldstreicher. Criminal Law - Humane
Society and Animal Control Officers - Education and Training Requirements.
SB0160 Chr B&T
(Dept). Economic Development –
Cybersecurity Investment Incentive Tax Credit Program – Expansion and
Extension.
SB0161 Sen Eckardt. Task Force to Study Access to Mental Health
Care in Higher Education.
SB0162 Sen Hettleman. Courts - Civil Actions - Strategic Lawsuits
Against Public Participation.
SB0163 Sen Ellis. Maryland Medical Assistance Program - Doulas.
SB0164 Sen Simonaire. Veterans - Behavioral Health Services -
Mental Health First Aid.
SB0165 Sens Bailey and
Beidle. Maryland Healthy Working
Families Act - Applicability.
SB0166 Sen Sydnor, et
al. Criminal Procedure - Police Officers
- Duty to Report Misconduct (Maryland Police Accountability Act).
SB0167 Sen West. State Board of Social Work Examiners –
Temporary License to Practice Social Work.
SB0168 Sen Eckardt. Public Health - Maryland Suicide Fatality
Review Committee.
SB0169 Sen Patterson. Health Occupations - Podiatric Physicians.
SB0170 Chr FIN
(Dept). Transportation–Related Property
and Copper or Aluminum Items – Duties, Prohibited Acts, and Enforcement.
SB0171 Sen Guzzone. Income Tax - Theatrical Production Tax Credit.
SB0172 Sen Hayes, et
al. Maryland Health Equity Resource Act.
SB0173 Sens Elfreth and
Hettleman. Family Law - Emancipation of
a Minor and Authorization to Marry.
SB0174 Chr B&T
(Dept). Property Tax Assessments –
5–Year Assessment Cycle.
SB0175 Sen Ellis. Procurement - Performance and Payment
Security - Requirements and Limitations.
SB0176 Sen Kramer. Income Tax - Subtraction Modification - State
Law Enforcement Officers.
SB0177 Sen
Washington. Business Regulation -
Flavored Tobacco Products - Prohibition.
SB0178 Sen Carter. Public Information Act - Personnel Records -
Investigations of Law Enforcement Officers (Anton's Law).
SB0179 Sen
Klausmeier. Distracted Driving
Monitoring Systems - Authorization.
SB0180 Sen Simonaire. Funeral Establishments and Crematories –
Unclaimed Cremains of Veterans – Notification, Disposition, and Reporting.
SB0181 Chr JPR
(Dept). Corporations and Associations -
Trade Name Certificates - Requirements.
SB0182 Sen Ellis. State Finance – General Obligation Debt –
Application of Minority Business Participation Goals.
SB0183 Sens Young and
Rosapepe. Audiology and Speech-Language
Pathology Interstate Compact.
SB0184 Sen McCray. Maryland Transit Administration – Reduced Fare
Program for Opioid Treatment Program Patients – Program Requirements.
SB0185 Sens Kagan and
Reilly. Financial Institutions -
Security Questions and Measures.
SB0186 Chr B&T
(Dept). Economic Development – Job
Creation Tax Credit – Credit for Hiring Veterans.
SB0187 Sen Sydnor. Criminal Procedure – Forensic Genetic
Genealogical DNA Analysis, Searching, Regulation, and Oversight.
SB0188 Sen Pinsky. State Finance – Prohibited Appropriations –
Magnetic Levitation Transportation System.
SB0189 Sen West. Courts - Prohibited Indemnity and Defense
Liability Agreements.
SB0190 Sen Hough. Firearms – Right to Purchase, Possess, and
Carry – Use of Medical Cannabis.
SB0191 Sen Patterson. Labor and Employment - Hiring - Higher
Education Requirements (Give Me a Chance Act).
SB0192 Sen West. Cemeteries - Perpetual Care - Distribution
From Perpetual Care Trust Fund.
SB0194 Sen Benson. Correctional Services - Inmates - Labor, Job
Training, and Educational Courses.
SB0195 Sens Elfreth and
Beidle. Environment – PFAS Chemicals –
Prohibitions and Requirements.
SB0196 Chr B&T
(Dept). Economic Development – Research
and Development Tax Credit – Alterations.
SB0197 Sen Ellis. Procurement - Minority Business Participation
Goals - Waiver.
SB0198 Sen Kramer. Income Tax - Credit for Energy Efficiency
Upgrades - Passive Houses.
SB0199 Sens McCray and
Zucker. Maryland Transit Administration
- Funding (Transit Safety and Investment Act).
SB0200 Sen Young, et
al. Natural Resources - Organized
Killing Contests - Restriction.
SB0201 Sens Patterson and
Sydnor. Criminal Procedure - Expungement
of Records - Waiting Period.
SB0202 Sen Kelley, et
al. Correctional Services - Parole -
Life Imprisonment.
SB0203 Sen Bailey. Aquaculture Lease Applications - Notices, Protests,
Meetings, and Conflict Resolution.
SB0204 Sen Beidle. Health Care Facilities – Assisted Living
Programs – Memory Care and Alzheimer’s Disease Unit Regulations.
SB0205 Sen Hettleman. Alcoholic Beverages - Sale or Delivery for
Off-Premises Consumption.
SB0206 Chr FIN
(Dept). State Collection Agency
Licensing Board - Sunset Extension.
SB0207 Sen Ellis. State Procurement - Minority Business
Enterprise Participation Goals - Performance of Unit Employees.
SB0208 Sen Hough, et
al. Vehicle Laws – Manufacturers and
Dealers – Prices Listed on Dealer Websites.
SB0209 Sen Peters. Special Education - Prolonged School Closure
- Extension of Education Services.
SB0210 Sen West, et
al. COVID-19 Claim - Civil Immunity.
SB0211 Sen Hayes. Labor and Employment - Family and Medical
Leave Insurance Program - Establishment (Time to Care Act of 2021).
SB0212 Chr JPR
(Dept). State Government - Notaries
Public - Official Stamp of a Notary Public.
SB0213 Sens Ellis and
Patterson. State Highways – Designations
– President Barack Obama Highway.
SB0214 Sen Salling. Unemployment Insurance – Computation of
Earned Rate of Contribution – Applicable Table of Rates.
SB0215 Sen Kelley. Maryland Department of Health - Birth
Registration - Gestational Carriers.
SB0216 Sen Lam (By
Request). Criminal Procedure - Committed
Persons - Release Proceedings.
SB0217 Sen Sydnor. Maryland Personal Information Protection Act
– Revisions.
SB0218 Sen King. Maryland Child Tax Credit.
SB0219 Chr FIN
(Dept). Financial Institutions –
Commissioner of Financial Regulation – Money Transmissions.
SB0220 Sen Hettleman. Criminal Law - Hate Crimes - Protected Groups
and Penalties.
SB0221 Sen Bailey. Handgun Qualification License - Firearms
Safety Training.
SB0222 Chr JPR
(Dept). Juveniles Charged as Adults –
Study and Confinement.
SB0223 Sen Augustine. Plastic Bag Reduction Act.
SB0224 Sen West. Election Law – Correctional Facilities –
Voter Registration and Voting.
SB0225 Sens Young and Feldman. Education - Public and Nonpublic Schools -
Seizure Action Plans (Brynleigh's Act).
SB0226 Chr FIN
(Dept). Maryland Insurance
Administration - Delivery of Notices and Other Communications by Electronic
Means.
SB0227 Sen Elfreth, et
al. Water Pollution - Stormwater
Management Regulations and Watershed Implementation Plans - Review and Update.
SB0228 Sen Hettleman. Capital Projects - High Performance and Green
Buildings - Alterations (Green Building Restoration Act).
SB0229 Sens Waldstreicher
and Carter. Public Safety – Pretrial
Services Program Grant Fund – Extension and Program Requirements.
SB0230 Chr FIN
(Dept). Maryland Port Administration -
Land Acquisition and Payment to Counties.
SB0231 Sen Hester. Public Schools - Cyber Safety Guide and
Training Course - Development, Implementation, and Reporting.
SB0232 Sen
Waldstreicher. Civil Cases - Surcharges.
SB0233 Sen Simonaire. Election Law - Absentee Ballots - Envelope
Prohibitions, Ballot Status Information, and Signature Verification.
SB0234 Sen Lam. Personal Information - State and Local
Agencies - Restrictions on Access.
SB0235 Chr FIN
(Dept). Major Information Technology
Development Project Fund – Use of Funds.
SB0236 Sen Hettleman. Maryland Commission on Civil Rights - Employment
Discrimination - Reporting.
SB0237 Sen West. Public Safety - Law Enforcement Reform.
SB0238 Sen Kramer. Consumer Protection - Banking Institutions -
Unauthorized Debit Transactions
(Consumer Bank Deposits Protection Act).
SB0239 Sen Bailey. St. Mary's County - Public and Nonpublic
Schools - Prohibition on Possession of Tobacco Products by Minors.
SB0240 Chr B&T
(Dept). Maryland Information Technology
Development Project Fund – Sources of Revenue.
SB0241 Sen Peters. Income Tax Checkoff - Maryland Veterans Trust
Fund.
SB0242 Sen Young. Transportation - I-270 Commuter Bus Route
Study.
SB0243 Sen Simonaire. Public High Schools - Health Education -
Gambling Dangers and Addiction.
SB0244 Sen Lam. Maryland Funding Accountability and
Transparency Act - Nonbudgeted State Agencies.
SB0245 Sen Ellis. Public Schools - School Resource Officers -
Requirements and Prohibitions.
SB0246 Sen Hester, et
al. Income Tax - Angel Investor Tax
Credit Program.
SB0247 Chr EHE (Dept). State Board of Podiatric Medical Examiners -
Sunset Extension.
SB0248 Sen Jennings. Harford County - Alcoholic Beverages - Class
D Beer and Wine License.
SB0249 Sen Bailey. Higher Education - Senatorial Scholarships -
Program Accreditation.
SB0250 Sens Lee and
Waldstreicher. Criminal Law – Sexual
Crimes – Repeal of Spousal Defense (Love Is No Defense to Sexual Crimes).
SB0251 Chr FIN
(Dept). Commissioner of Financial
Regulation - Licensing of Nondepository Institutions - Elimination of Paper
License Requirements.
SB0252 Sen Ellis. Maryland Small Business Development Financing
Authority - Minority Business Enterprise Procurement Contract Financing
Program.
SB0253 Sen Elfreth. Vehicle Laws - School Bus Safety - Occupant
Capacity.
SB0254 Sen McCray. Public Safety - Maryland Swimming Pool and
Spa Standards - Adoption.
SB0255 Sen Hershey. Commercial Law – Maryland Credit Services
Business Act – Revisions.
SB0256 Chr FIN
(Dept). Arts and Entertainment Districts
– Artistic Work and Arts and Entertainment Enterprise – Definitions.
SB0257 Sen Guzzone. Sales and Use Tax – Vendor Collection Credit
– Job Training.
SB0258 Sen Patterson, et
al. Property Tax Exemption - Disabled
Veterans.
SB0259 Chr B&T
(Dept). Department of Transportation -
Grant Anticipation Revenue Vehicle Bonds - Calculation of Debt Limit.
SB0260 Sen Ellis. Public Safety - Police Officers' Performance
Review Board.
SB0261 Sen Simonaire. Anne Arundel County - Property Tax Credit for
Business Entities - State of Emergency.
SB0262 Sen Eckardt. Department of Information Technology - Study
of a Common Information Technology Platform for Health Occupations Boards.
SB0263 Sens West and
Waldstreicher. Corporations and Real
Estate Investment Trusts - Miscellaneous.
SB0264 Chr JPR
(Dept). Criminal Procedure – Lifetime
Sexual Offender Supervision – Conditions, Violations, and Petitions for
Discharge.
SB0265 Sen
Waldstreicher. Estates and Trusts -
Maryland Revised Uniform Anatomical Gift Act - Revisions.
SB0266 Sens Patterson and
Benson. Education - Voluntary Ethical
Special Education Advocate Certificate Program.
SB0267 Chr JPR
(Dept). Family Law – Investigation of
Suspected Child Abuse and Neglect – Preliminary Report to State’s Attorney.
SB0268 Sens Bailey and
West. Criminal Law - Crime of Violence -
Definition.
SB0269 Sen Ellis. Property Tax Exemption - Disabled Active Duty
Service Members, Disabled Veterans, and Surviving Spouses - Refund.
SB0270 Sens Waldstreicher
and Augustine. Crimes - Indecent
Exposure - Definition.
SB0271 Sen Lam. Election Law – Voting Systems – Accessibility
for Voters With Disabilities.
SB0272 Chr FIN
(Dept). Insurance - Claim Payment -
Clarification.
SB0273 Sen Kramer. Electronic Smoking Device Regulation Act of
2021.
SB0274 Sen Kramer. State Finance and Procurement - Chesapeake
Bay Watershed States - Expenses and Contracts (Quit Polluting My Bay Act of
2021).
SB0275 Sens Hester and
Hayes. Maryland Department of Health –
Residential Service Agencies – Training Requirements.
SB0276 Sen Carter. Johns Hopkins University - Police Department
- Repeal.
SB0277 Sens Bailey and
Guzzone. Property Tax Credit - Public
Safety Officer - Definition and Limitation on Credit Amount.
SB0278 Sen Kagan. State Department of Education and Maryland
Department of Health - Maryland School-Based Health Center Standards -
Telehealth.
SB0279 Sens Hettleman and
Feldman. Public Health – Overdose and
Infectious Disease Prevention Services Program.
SB0280 Sen Feldman. Washington Metropolitan Area Transit
Authority – Metro Transit Police – Quotas and Police Complaints Board.
SB0281 Chr FIN
(Dept). Office of the Commissioner of
Financial Regulation - Sunset Extension.
SB0282 Sen Lam. Public Health - Prohibition on Testing
Cosmetics on Animals.
SB0283 Sen Elfreth. Student and Military Voter Empowerment Act.
SB0284 Sen Simonaire. Maryland Veterans Service Animal Program -
Definitions.
SB0285 Sen Patterson. Minority Participation in the Alcoholic
Beverages Industry - Study.
SB0286 Sen Augustine. Behavioral Health Crisis Response Services –
Modifications.
SB0287 Sen Hayes. Income Tax - Subtraction Modification for
Centenarians.
SB0288 Sen Pinsky. Income Tax - Carried Interest - Additional
Tax.
SB0289 Sen Reilly. Anne Arundel County – Marriage License
Applications and Ceremonies.
SB0290 Sen Benson. Health Insurance - Out-of-Pocket Maximums and
Cost-Sharing Requirements - Calculation.
SB0291 Chr JPR
(Dept). Motor Vehicle Offenses –
Following Too Closely – Unified Truck Travel.
SB0292 Sen Beidle. Civil Actions - Tortious Injury to or Death
of Pet - Compensatory Damages (Buddy's Law).
SB0293 Sen
Waldstreicher. Vehicle Laws - Injury or
Death of Vulnerable Individual - Penalties.
SB0294 Sen Gallion, et
al. Cecil County - Sales and Use Tax Exemption
- Federal Facilities Redevelopment Areas.
SB0295 Sen Kramer. Circuit Court Judges - Election.
SB0296 Sen Simonaire. Election Law – Campaign Finance – Protection
of Contributor Information.
SB0297 Sen Benson. Vehicle Laws - Speed Restrictions -
Expressways and Interstate Highways.
SB0298 Sen Reilly. State Board of Pharmacy – Pharmacy Closure –
Notice to Customers (The Dennis Robin Act).
SB0299 Sen Carter. Human Services - Trauma-Informed Care -
Commission and Training.
SB0300 Sen Peters. Special Education – Learning Continuity Plan
– Requirement.
SB0301 Sen Sydnor. Corporations – Board Members and Executive
Officers Diversity – Procurement Preference and Reporting.
SB0303 Sen Patterson, et
al. General Provisions – Commemorative
Days – Tuskegee Airmen Commemoration Day.
SB0304 Sen Pinsky. Maryland Recycling Act - Recyclable Materials
and Resource Recovery Facilities - Alterations.
SB0305 Sen Eckardt. Legal Advertisement or Legal Notice –
Publication in Newspaper or Newspaper in General Circulation – Online
Newspapers.
SB0306 Chr B&T
(Dept). Enterprise Zones -
Reimbursements to Local Governments - Request Deadline and Recovery of
Overpayment.
SB0307 Sen Guzzone. Labor and Employment - Direct Care Workforce
Innovation Program.
SB0308 Sen Ellis. Higher Education - Maryland Community College
Promise Scholarship - Revisions.
SB0309 Sen Hough, et
al. Handgun Permit – Preliminary
Approval.
SB0310 Chr EHE
(Dept). Election Law – Campaign Finance
Entities – Termination.
SB0311 Sen Hettleman. Catastrophic Health Emergencies - Health Care
Providers - Definition and Immunity (Maryland Health Care Heroes Protection
Act).
SB0312 Sen Eckardt. Motor Vehicle Registration - Exception for Golf
Carts - Hoopers Island and Taylors Island.
SB0313 Sen
Washington. Maryland Department of
Health - Public Health Outreach Programs - Cognitive Impairment, Alzheimer's
Disease, and Other Types of Dementia.
SB0314 Sen McCray. Board of Revenue Estimates and Bureau of
Revenue Estimates - Organization and Operations.
SB0315 Sen Young. Vehicle Laws - Plug-In Electric Drive
Vehicles - Reserved Parking Spaces.
SB0316 Sen Klausmeier, et
al. Renewable Energy Portfolio Standard
- Hydroelectric Power.
SB0317 Sen Hettleman. Office of the Attorney General - Right to
Counsel in Immigration Proceedings Coordinator.
SB0318 Sens Bailey and
Simonaire. Natural Resources - Fishing
and Hunting Rights.
SB0319 Sens Hester and
Elfreth. Clean Energy Loan Program - Remediation
and Resiliency.
SB0320 Chr JPR
(Dept). Foreign Corporations - Resident
Agents - State Department of Assessments and Taxation.
SB0321 Sen Reilly. Anne Arundel County – Operation of Vessels in
Controlled Water Ski Area in Maynadier Creek – Sunset Repeal.
SB0322 Sen Benson. Health – Health and Wellness Standards –
Correctional Facilities and Health Care Facilities.
SB0323 Sen Elfreth. Maryland Arts Capital Grant Program.
SB0324 Sens Elfreth and
Bailey. Environment and Natural
Resources – Complaints, Inspections, and Enforcement – Information Maintenance
and Reporting.
SB0325 Chr B&T
(Dept). Tax Sales – Redemption –
Nondelinquent Taxes.
SB0326 Sen Hayes. Baltimore City Community College -
Procurement Authority.
SB0327 Sen Waldstreicher. Civil Actions - Financial Exploitation of
Vulnerable Adults (Maryland SAFE Act).
SB0328 Sen Reilly. Anne Arundel County - Landlord and Tenant -
Procedures for Repossession for Failure to Pay Rent.
SB0329 Sen Benson. Income Tax – Credit for the Purchase and
Installation of Indoor Air Quality Equipment.
SB0330 Sen West. State-Funded Construction and Major
Renovation Projects - Solar Panels - Requirement.
SB0331 Sen Lee. Adoption - Access to Birth and Adoption
Records and Search, Contact, and Reunion Services.
SB0332 Sen McCray. Campaign Finance - For-Profit Substance Abuse
and Mental Health Treatment Providers - Disclosure of Contributions.
SB0333 Sens Bailey and
Ready. Criminal Procedure - Sexual
Offenders - Lifetime Supervision.
SB0334 Sen Carter. Water Pollution Control - Intervention in
Civil Actions - Rights and Authority.
SB0335 Sen Sydnor. Courts – Nongovernmental Corporate Parties –
Disclosure Statements.
SB0336 Sen Hayes. State and Local Procurement - Payment
Practices.
SB0337 Sen Kramer. Vehicle Laws - Reckless Driving - Excessive
Speeding.
SB0338 Sen Simonaire. Local Government – Animal Control Facilities
– Adoption Fee Waiver for Veterans (Pets for Vets Act of 2021).
SB0339 The Pres
(Dept). Department of Commerce -
Sister-State Relationships - Maintenance and Development.
SB0340 Sen Gallion. Election Law - Offenses Related to Voting -
Penalties.
SB0341 Chr EHE
(Dept). General Provisions - State Song
- Repeal.
SB0342 Chr EHE
(Dept). Maryland Military Department –
Sale of Superfluous Armories.
SB0343 Chr EHE
(Dept). Natural Resources - Shrimp
Fishery - Licensing and Regulation.
SB0344 Chr EHE
(Dept). Agriculture - Cost-Sharing
Program - State Cost-Sharing Funds.
SB0345 Chr EHE
(Dept). State Government - Information Technology
- Review of Projects and Proposals.
SB0346 Chr EHE
(Dept). Department of Natural Resources
- Public Notices and Hearings.
SB0347 Chr EHE
(Dept). Environment - Public Hearing and
Notification Modernization Act.
SB0348 Chr EHE
(Dept). State Government – Information
Technology – Cybersecurity.
SB0349 Chr EHE
(Dept). Environment – Drinking Water
Revolving Loan Fund – Use of Funds.
SB0350 Chr EHE
(Dept). Natural Resources - Aquaculture
- Leases.
SB0351 Chr EHE
(Dept). State Government – Protection of
Information – Revisions (Maryland Data Privacy Act).
SB0352 Chr EHE
(Dept). Agriculture – Multiflora Rose
Management – Repeal.
SB0353 Chr EHE
(Dept). Veterans – Benefits and Benefits
Appeals Services – Disclosure Requirements.
SB0355 Sens Carozza and
Lee. Family Law – Custody Evaluators –
Qualifications and Training.
SB0356 Sen Bailey. Calvert County - Sunday Hunting.
[21-03-20]
This is to certify that by an Opinion & Order of the Court of Appeals dated December 23, 2020, MARY THERESA KEATING (CPF # 850601017), 728 Deepdene Road, Baltimore, Maryland 21210, has been indefinitely suspended, effective immediately, from the further practice of law in the State, and her name as an attorney at law has been stricken from the register of attorneys in this Court (Maryland Rule 19-761).
* * * * * * * * * *
This is to certify that by an Opinion & Order of the Court of Appeals dated November 25, 2020, JOHN T. RIELY (CPF # 8501010513), 15752 Crabbs Branch Way, 2nd Floor, Rockville, Maryland 20855, has been indefinitely suspended, effective December 28, 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 12, 2020, TIMOTHY GUY SMITH (CPF # 0606130232), 2840 Routh 7, Glenwood, Maryland 21738, has been indefinitely suspended by consent, effective December 31, 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 4, 2020, TIMOTHY J. MURPHY (CPF # 9512130251), P.O. Box 543, La Plata, Maryland 20646, has been disbarred by consent, effective January 1, 2021, 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 January 4, 2021, DAVID FERNANDO MORENO (CPF # 1012150279), 2108 Boston Street, Apt. 302, Baltimore, Maryland 21231, has been suspended for (60) days sixty day 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).
[21-03-13]
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 09
MARYLAND DEPARTMENT OF LABOR
Subtitle 03 COMMISSIONER OF FINANCIAL REGULATION
Authority: Business Regulation Article, §2-105; Financial Institutions Article, §§2-105.1, 11-203, [and] 11-503, 12-104, and 12-403; Annotated Code of Maryland
Notice of Emergency Action
[21-009-E]
The Joint Committee on Administrative, Executive, and Legislative Review has granted emergency status to new Regulation .08 under COMAR 09.03.02 General Regulations.
Emergency status began: January 5,
2021.
Emergency status expires: May 3,
2021.
Editor’s Note: The text of this document will not be printed
here because it appears as a Notice of Proposed Action on pages 97—99 of this
issue, referenced as [21-009-P].
ANTONIO P. SALAZAR
Commissioner of Financial Regulation
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
Authority: Natural Resources Article, §4-1006.1, Annotated Code of Maryland
Notice of Final Action
[20-197-F]
On January 19, 2021, the Secretary of Natural Resources adopted amendments to Regulation .12 under COMAR 08.02.01 General. This action, which was proposed for adoption in 47:25 Md. R. 1068—1071 (December 4, 2020), has been adopted as proposed.
Effective Date: February 8, 2021.
JEANNIE
HADDAWAY-RICCIO
Secretary of Natural Resources
Subtitle 02 FISHERIES SERVICE
Authority: Natural Resources Article, §4-215, Annotated Code of Maryland
Notice of Final Action
[20-194-F]
On January 19, 2021, the Secretary of Natural Resources adopted amendments to Regulation .04 under COMAR 08.02.15 Striped Bass. This action, which was proposed for adoption in 47:25 Md. R. 1071—1072 (December 4, 2020), has been adopted as proposed.
Effective Date: February 8, 2021.
JEANNIE
HADDAWAY-RICCIO
Secretary of Natural Resources
Subtitle 02 FISHERIES SERVICE
Authority: Natural Resources Article, §4-215, Annotated Code of Maryland
Notice of Final Action
[20-191-F]
On January 19, 2021, the Secretary of Natural Resources adopted amendments to Regulation .07 under COMAR 08.02.15 Striped Bass. This action, which was proposed for adoption in 47:25 Md. R. 1072—1074 (December 4, 2020), has been adopted as proposed.
Effective Date: February 8, 2021.
JEANNIE
HADDAWAY-RICCIO
Secretary of Natural Resources
Subtitle 02 FISHERIES SERVICE
Authority: Natural Resources Article, §§4-215 and 4-221, Annotated Code of Maryland
Notice of Final Action
[20-195-F]
On January 19, 2021, the Secretary of Natural Resources adopted amendments to Regulation .03 under COMAR 08.02.25 Gear. This action, which was proposed for adoption in 47:25 Md. R. 1074—1075 (December 4, 2020), has been adopted as proposed.
Effective Date: February 8, 2021.
JEANNIE HADDAWAY-RICCIO
Secretary of Natural Resources
08.03.08 Threatened and Endangered Species
Authority: Natural Resources Article, §§4-2A-01 — 4-2A-09 and 10-2A-01 — 10-2A-09, Annotated Code of Maryland
Notice of Final Action
[20-172-F]
On January 19, 2021, the Secretary of Natural Resources adopted amendments to Regulations .01 and .04—.09 under COMAR 08.03.08 Threatened and Endangered Species. This action, which was proposed for adoption in 47:23 Md. R. 980—983 (November 6, 2020), has been adopted as proposed.
Effective Date: February 8, 2021.
JEANNIE HADDAWAY-RICCIO
Secretary of Natural Resources
Title 10
MARYLAND DEPARTMENT OF HEALTH
Subtitle 37 HEALTH SERVICES COST REVIEW COMMISSION
10.37.01 Uniform Accounting and Reporting System for Hospitals and Related Institutions
Authority: Health-General Article, §§19-207 and 19-215, Annotated Code of Maryland
Notice of Final Action
[20-168-F-I]
On January 13, 2021, the Health Services Cost Review Commission adopted amendments to Regulation .02 under COMAR 10.37.01 Uniform Accounting and Reporting System for Hospitals and Related Institutions. This action, which was proposed for adoption in 47:22 Md. R. 941 (October 23, 2020), has been adopted as proposed.
Effective Date: February 8, 2021.
ADAM KANE
Chair
Title 22
STATE RETIREMENT AND PENSION SYSTEM
Subtitle 02 OPTION AND ANNUITY TABLES
22.02.01 Option Factors and Annuity Values
Authority: State Personnel and Pensions Article, §§20-202, 21-108, 21-110, 21-125, and 21-402, Annotated Code of Maryland
Notice of Final Action
[20-188-F]
On January 19, 2021, the Board of Trustees for the State Retirement and Pension System adopted amendments to Regulations .01, .03, and .05, the repeal of existing Regulation .04, and new Regulation .04 under COMAR 22.02.01 Option Factors and Annuity Values. This action, which was proposed for adoption in 47:24 Md. R. 1050—1052 (November 20, 2020), has been adopted as proposed.
Effective Date: February 8, 2021.
R. DEAN KENDERDINE
Executive Director
Title 28
OFFICE OF ADMINISTRATIVE HEARINGS
Subtitle 02 RULES OF PROCEDURE
Authority: State Government Article, §§9-1604, 9-1607, 10-205,
10-206,
10-210, 10-212.1, 10-216, 10-217, and 10-220, Annotated Code of Maryland
Notice of Final Action
[20-196-F]
On January 19, 2021, the Office of Administrative Hearings adopted amendments to Regulations .02—.05, .10, .11, .13, .14, .16, .18—.21, and .23 under COMAR 28.02.01 Rules of Procedure. This action, which was proposed for adoption in 47:25 Md. R. 1081—1083 (December 4, 2020), has been adopted as proposed.
Effective Date: February 8, 2021.
CHUNG K. PAK
Chief Administrative Law Judge
Title 33
STATE BOARD OF ELECTIONS
33.17.06 Early Voting Activities
Authority: Election Law Article, §§2-102(b)(4), 2-202(b), 9-406,
and
10-301.1, Annotated Code of Maryland
Notice of Final Action
[20-187-F]
On January 12, 2021, the State Board of Elections adopted amendments to Regulation .05 under COMAR 33.17.06 Early Voting Activities. This action, which was proposed for adoption in 47:24 Md. R. 1054 (November 20, 2020), has been adopted as proposed.
Effective Date: February 8, 2021.
LINDA H. LAMONE
State Administrator of Elections
Proposed Action on Regulations
Title 04
DEPARTMENT OF GENERAL SERVICES
Notice of Proposed Action
[21-034-P]
The Secretary of General Services proposes to amend:
(1) Regulations .02—.06 under COMAR 04.04.02 Security Cards;
(2) Regulation .08 under COMAR 04.05.01 General Regulations; and
(3) Regulation .02 under COMAR 04.05.02 Legislative Branch Buildings and Grounds in Annapolis.
Statement of Purpose
The purpose of this action is to:
(1) Under COMAR 04.04 clarify requirements for the issuance of security cards and the responsibilities of holders of security cards; and
(2) Under COMAR 04.05:
(a) Clarify the approval process for demonstrations and rallies at Legislative Branch Buildings and Grounds in Annapolis and any other General Services property;
(b) Clarify how to apply for a demonstration or rally;
(c) Prohibit the attachment or illumination of specified items to any State real property without approval;
(d) Prohibit the use of unmanned aircraft systems on any State real property without approval; and
(e) Prohibit the focusing, pointing, or shining of laser beams onto State buildings, persons, or animals.
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 Ellen Robertson, Legislative Liaison, Department of General Services, 29 St. Johns Street Annapolis, MD 21401, or call 410-260-2908, or email to ellen.robertson@maryland.gov. Comments will be accepted through March 1, 2021. A public hearing has not been scheduled.
Subtitle 04 SECURITY OF STATE REAL PROPERTY
04.04.02 Security Cards
Authority: Criminal Law Article,
§9-704; Labor and Employment Article, §3-503(4); State Finance and Procurement
Article, §§4-604[,]
and 4-607(a); Annotated Code of Maryland
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1) (text unchanged)
(2) [“DGSP”] “Maryland Capitol Police (MCP)” means the Department of General Services Police.
(3)—(8) (text unchanged)
.03 Issuance of Security Cards.
A.—B. (text unchanged).
C. Any duties assigned by this chapter to the Secretary may be delegated by the Secretary to the [DGSP] MCP.
D. All prox privileges associated with a security card shall be subject to criteria established by [DGSP] MCP as approved by the Secretary.
E. The Secretary may authorize and the [DGSP] MCP shall conduct a security clearance investigation prior to issuance of a security card to an individual other than a State employee.
.04 Surrender of Security Cards.
A. (text unchanged)
B. A security card issued to a State employee shall be surrendered upon:
(1)—(3) (text unchanged)
(4) Demand by the [DGSP] MCP.
C. Surrender Procedures.
(1) Upon separation from State employment or upon a demand under this regulation, a State employee shall surrender the employee’s security card to the personnel division of the employee’s unit or [DGSP] MCP as the case may be.
(2) Upon the employee’s surrender of the security card, the personnel division of the unit or [DGSP] MCP shall issue a receipt to the employee.
(3) The personnel division shall return the surrendered security card to the [DGSP] MCP within 10 days after the employee’s surrender of the card.
(4) Upon notification by the employee’s personnel division, any prox privileges associated with the surrendered security card shall be cancelled by [DGSP] MCP.
D. (text unchanged)
E. A security card issued to an individual other than a State employee shall be surrendered to the [DGSP] MCP upon demand by the:
(1) (text unchanged)
(2) [DGSP] MCP.
F. (text unchanged)
.05 Notification to the Department of Employee Separation from the Service.
The personnel division of the employee’s unit shall notify the [DGSP] MCP within 30 days upon the separation of service of any employee with security card privileges and shall provide the name of the affected employee.
.06 Responsibilities of Holders of Security Cards.
A. (text unchanged)
B. A holder of a security card shall:
(1) Notify the [DGSP] MCP in writing within 30 days of any changes to the information entered into the security card application;
(2) Immediately report a lost or stolen security card to the employee’s supervisor, if a State employee, and the [DGSP] MCP; and
(3) When on State real property:
(a) (text unchanged)
(b) Produce the security card upon demand by a member of [DGSP] MCP, a police officer, or [an] authorized security personnel.
C. (text unchanged)
Subtitle 05 BUILDINGS AND GROUNDS
04.05.01 General Regulations
Authority: ; Criminal Law Article,
§§4-208 and 6-409; State Finance and Procurement Article, §§4-604(6) and (7)[,]
and 4-607(a) and (c); State
Government Article, §2-1702; Annotated Code of Maryland
.08 Demonstrations and Rallies.
A. (text unchanged)
B. The [Superintendent of Baltimore Public Buildings and Grounds, respective managers of the multiservice centers, or the on-site manager of any other Department of General Services property,] Secretary or the Chief of the Maryland Capitol Police shall predesignate certain outdoor or indoor areas of the property, traditionally considered public forums, as sites for proposed demonstrations and rallies.
C. An applicant for a demonstration or rally can request any other area on the property and the [superintendent or manager] Secretary or the Chief of the Maryland Capitol Police shall make every effort to accommodate the request, consistent with safety, security, and traffic concerns, and the least disturbance to employees in the performance of their duties, and not preventing the general public from obtaining the government services that are provided on the property.
D. Individuals or groups wishing to hold demonstrations or rallies should apply in writing at least 2 days in advance to the [superintendent or manager] Secretary or the Chief of the Maryland Capitol Police for a permit, unless extraordinary circumstances prevent the applications.
E. Permits are issued at no cost to the applicant on a first-come, first-served basis. The [superintendent or manager] Secretary or the Chief of the Maryland Capitol Police may not refuse to issue a permit based on the:
(1)—(3) (text unchanged)
F. The [superintendent or manager] Secretary or the Chief of the Maryland Capitol Police shall have discretion only as to matters of scheduling, safety, security, and traffic.
G. The applicant [should] shall designate, by name, at least one individual to be present at the demonstration who will wear an armband or other identifying insignia and be responsible for advising the demonstrators on compliance with applicable laws and regulations.
H.—I. (text unchanged)
J. An individual may not physically attach or illuminate any
banner, sign, or message to any State real property without prior written
approval from the Secretary or the Secretary’s designee.
K. Except for federal, State, and local government entities or
law enforcement services agencies, an individual may not launch, land, or
retrieve an unmanned aircraft system (UAS) on any State real property without
prior written approval from the Secretary or the Secretary’s designee.
L. No person shall intentionally focus, point, or shine any
laser beam or high intensity light directly or indirectly onto the eye or eyes
of another person or animal, on another person or animal, or onto any State
building window in such a manner as would reasonably be expected to annoy,
harass, or alarm the person or animal.
04.05.02 Legislative Branch
Buildings and Grounds in Annapolis
Authority: United States Constitution, Amendments 1 and 14; Maryland Constitution, Declaration of Rights, Article 13; Criminal Law Article, §§4-208 and 6-409; State Finance and Procurement Article, §§4-604(6) and (7) and 4-607(a) and (c); State Government Article, §2-1702; Annotated Code of Maryland
.02 Demonstrations and Rallies.
A.—B. (text unchanged)
C. In case of preemption or conflicting scheduling of Lawyers’ Mall, demonstrations may be conducted in other nearby outdoor areas if agreeable with the applicant for the demonstration permit and the [Superintendent of Annapolis Public Buildings and Grounds] Secretary or the Chief of the Maryland Capitol Police.
D.—E. (text unchanged)
F. Permits shall be issued at no cost to the applicant on a first-come, first-served basis. The [superintendent or manager] Secretary or the Chief of the Maryland Capitol Police may not refuse to issue a permit based on the:
(1)—(3). (text unchanged)
G.—I. (text unchanged)
J. The [Superintendent of Annapolis Public Buildings and Grounds] Secretary or the Chief of the Maryland Capitol Police shall have discretion only as to matters of scheduling, safety, security, and traffic.
K.—N. (text unchanged)
ELLINGTON E. CHURCHILL, JR.
Secretary of General Services
Title 09
MARYLAND DEPARTMENT OF LABOR
Subtitle 03 COMMISSIONER OF FINANCIAL REGULATION
Authority: Business Regulation Article, §2-105; Financial Institutions Article, §§2-105.1, 11-203, [and] 11-503, 12-104, and 12-403; Annotated Code of Maryland
Notice of Proposed Action
[21-009-P]
The Commissioner of Financial Regulation proposes to adopt new Regulation .08 under COMAR 09.03.02 General Regulations.
Statement of Purpose
The purpose of this action is to provide industry stakeholders with flexibility regarding remote work for their employees, while maintaining appropriate consumer protections and standards.
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 Joseph Cunningham, Director of Legislative Response and Special Projects, Department of Labor, 500 N. Calvert Street, Baltimore, MD 21202, or call 410-230-6094, or email to josephd.cunningham@maryland.gov, or fax to 410-333-0475. Comments will be accepted through March 1, 2021. A public hearing has not been scheduled.
.08 Remote Work for Employees of Licensees.
A. Scope.
(1) This regulation governs the conduct of any employee operating from a
location other than that which appears on the employer’s license or licenses.
(2) Notwithstanding §A(1) of this regulation, this regulation does not
apply to the conduct of an employee if:
(a) The employer is licensed under Financial Institutions Article, Title
11, Subtitle 5, Annotated Code of Maryland;
(b) The employee is licensed under Financial Institutions Article, Title
11, Subtitle 6, Annotated Code of Maryland; and
(c) The employee is taking a loan application or offering or negotiating
the terms of a loan in compliance with COMAR 09.03.09.07.
(3) Nothing contained in this regulation shall be deemed to prohibit an
employee of a licensee from conducting any business for which a license is
required at a location other than the locations set forth on the employer’s
license or licenses if applicable law or regulation does not limit that conduct
to the location shown on the license.
(4) A licensee may not use this regulation to evade the requirements of
any applicable law or regulation.
B. Definitions.
(1) Terms Defined.
(2) In this regulation, the
following terms have the meanings indicated.
(a) “Affiliate” means a person that directly or indirectly, through one or more intermediaries,
controls, is controlled by, or is under common control with another person.
(b) “Authorized delegate” has
the meaning stated in Financial Institutions Article, §12-401, Annotated Code
of Maryland.
(c) “Board” has the meaning
stated in Business Regulation Article, §7-101, Annotated Code of Maryland.
(d) “Breach of the security
of a system” has the meaning stated in Commercial Law Article, §14-3504,
Annotated Code of Maryland.
(e) “Consumer” means an
individual who resides in Maryland.
(f) “Employee” means an
employee of a licensee who is not an independent contractor or an authorized
delegate.
(g) “Independent contractor”
has the meaning stated in Financial Institutions Article, §11-601, Annotated
Code of Maryland.
(h) “License” means any of
the following:
(a) A license issued by the
Board under Business Regulation Article, Title 7, Annotated Code of Maryland,
to do business as a collection agency;
(b) A license issued by the
Commissioner under Commercial Law Article, Title 14, Subtitle 19, Annotated
Code of Maryland, to engage in the business of a credit services business;
(c) A license issued by the
Commissioner under Financial Institutions Article, Title 11, Subtitle 2,
Annotated Code of Maryland, to make loans under the Maryland Consumer Loan Law;
(d) A license issued by the
Commissioner under Financial Institutions Article, Title 11, Subtitle 3,
Annotated Code of Maryland, to make installment loans;
(e) A license issued by the
Commissioner under Financial Institutions Article, Title 11, Subtitle 4, Annotated
Code of Maryland, to engage in business as a sales finance company;
(f) A license issued by the
Commissioner under Financial Institutions Article, Title 11, Subtitle 5,
Annotated Code of Maryland, to engage in business as a mortgage lender;
(g) A license issued by the
Commissioner under Financial Institutions Article, Title 12, Subtitle 1,
Annotated Code of Maryland, to provide check cashing services;
(h) A license issued by the Commissioner
under Financial Institutions Article, Title 12, Subtitle 4, Annotated Code of
Maryland, to engage in the business of money transmission; or
(i) A license issued by the
Commissioner under Financial Institutions Article, Title 12, Subtitle 9, Annotated
Code of Maryland, to provide debt management services.
(i) “Licensee” means a person
issued a license or licenses for the purpose of conducting the business for
which the license or licenses are issued.
(j) “Personal information”
has the meaning stated in Commercial Law Article, §14-3501, Annotated Code of
Maryland.
(k) “Records” has the meaning
stated in Commercial Law Article, §14-3501, Annotated Code of Maryland.
(l) “Security program” means
a written program created by or on behalf of a licensee for the purpose of
allowing the licensee’s employees to safely and securely access the licensee’s
information technology systems, other systems, and data from a location
authorized by this section.
C. Certain Remote Work Permitted. An employee of a licensee may work
remotely and is not considered conducting business for which a license is
required at a location other than the address that appears on the license or
licenses of that licensee if the conditions set forth in this regulation are
met.
D. Locations. The location from which the employee is working:
(1) May not be owned or leased by the licensee or an affiliate of a
licensee, or for the benefit of the licensee or an affiliate of the licensee;
(2) May not be a location that offers temporary office space unless the
employee is using the location on a temporary basis due to the unavailability
of the employee’s regular work location;
(3) May not be held out to the public by use of signage, advertisement,
or other means, as a location at which the licensee conducts business for which
a license is required;
(4) May not provide work space, telephone service, or internet service
maintained in the name of the licensee or an affiliate and that is not intended
primarily for the purpose of conducting business for which a license is
required;
(5) May not be a location where the employee will meet in person with
nonemployees in connection with the business for which a license is required;
(6) May not be a location that will receive or dispense cash, negotiable
instruments, or other monetary value in connection with the business for which
a license is required, other than compensation paid to the employee by the
licensee;
(7) May not be used for the receipt of mail relating to business for
which a license is required;
(8) May not be used for storage of books or records, in any form,
relating to business for which a license is required unless:
(a) The records were produced or used in the normal course of employment
by the employee working at that location and the licensee maintains and
administers procedures for the employee to promptly and securely transmit those
records to its location for the storage of books and records; or
(b) The licensee is permitted by applicable law or regulation to store
the books or records of the licensee at that location;
(9) Shall provide a workspace that is secure, provide for appropriate
protection of personal information as required under applicable law, and have
the appropriate technological security measures and physical safeguards in
place to protect personal information;
(10) Shall be a location used only by a single employee unless:
(a) Other employees using the
location maintain a common household with each other; or
(b) The location is used for
a period not exceeding 2 weeks every calendar quarter to facilitate business or
nonbusiness travel;
(11) May not be used to conduct a specific act that applicable law or
regulation requires be conducted only at specified locations; and
(12) Shall be authorized by the licensee as a location from which the
employee may work.
E. Security Standards.
(1) A licensee that allows
any employee to work at a location authorized by this section shall develop,
implement, and maintain a security program that is consistent with all
applicable laws and regulations, meets or exceed standards of the industry in
which the licensee conducts its business, addresses known vulnerabilities, and
is commensurate with the licensee’s size and complexity.
(2) The licensee’s security program may be part of the licensee’s
comprehensive data and cyber security program.
(3) A licensee’s security program shall consider the following
objectives:
(a) Allowing employees working at locations authorized by this section to
access the licensee’s information technology system, other systems, and data
needed to perform the employee’s job functions in a safe and secure manner;
(b) Ensuring the security and confidentiality of the licensee’s data
containing personal information and other sensitive information;
(c) Protecting the licensee’s information technology systems, other
systems, and data against security breaches and unauthorized access, including
unauthorized access by employees;
(d) Identifying the types of devices an employee may use to access the
licensee’s information technology systems, other systems, and data, and
protecting those devices from security breaches and unauthorized access; and
(e) Providing training and support of the licensee’s employees necessary
to ensure compliance with the security program and establishing appropriate
sanctions for failures to comply.
(4) A licensee shall have an established governance process in place to
control and monitor the security program which shall include, as appropriate
for the size and complexity of the licensee and its information technology
systems, other systems, and data:
(a) The approval of the security program by the board of directors,
ownership, or most senior level of management; and
(b) A management structure that encompasses:
(i) Assigning responsibilities and authorities for ensuring adherence to
the security program;
(ii) Documenting accountability for functions to ensure compliance with
the security program; and
(iii) Reporting to the board of directors, ownership, or most senior
level of management, no less than annually, regarding the effectiveness of the
security program.
(5) In connection with the security program, a licensee shall complete a
comprehensive remote access and data security risk assessment, including:
(a) Identification and assessment of risks and vulnerabilities created
by allowing employees to work at locations authorized by this section and to
access the licensee’s information technology systems, other systems, and data
from such locations; and
(b) Identification of the devices, data, information technology system,
and other systems that need to be protected.
(6) A licensee shall perform periodic testing and monitoring of the
security program as appropriate for the size and complexity of the licensee’s
information technology and other systems, including:
(a) Evaluating the effectiveness of the security program;
(b) Evaluating employee compliance with the security program;
(c) Taking corrective action to address any significant deficiencies identified
during the course of licensee’s evaluation of the effectiveness of the security
program;
(d) Monitoring of external sources for new vulnerabilities;
(e) Updating, as appropriate, its remote access and data security risk
assessment; and
(f) Developing and implementing additional control frame works for any
new or changed threats or risks identified by the licensee.
(7) A licensee shall review the security program at least annually and
make changes necessary to achieve the objectives of the security program.
(8) A licensee that adequately demonstrates compliance with standards
issued by the National Institute of Standards and Technology, United States
Department of Commerce, relating to remote workers and remote access, as such
may be revised from time to time, shall be deemed to be in compliance with this
section.
F. Supervision of Employees.
(1) A licensee shall at all
times reasonably and adequately supervise the work-related activities of each
employee working at a location authorized by this section.
(2) If the Commissioner determines that the licensee does not provide
reasonable and adequate supervision of the employee, after written notice from
the Commissioner, and within 5 business days of receiving such notice, the
licensee will terminate the employee’s eligibility to work at a location
provided for under this regulation.
(3) A licensee shall maintain and update, as appropriate, written
records with respect to an employee working from locations provided for in this
section, including the initial authorization to work from any such location,
any updated authorization, and information regarding the location and any due
diligence the license has undertaken to ensure compliance with this regulation.
(4) The licensee shall retain the records required by §F(3) of this
regulation for the greater of 2 years from the date the employee ceases using
such location in connection with the business for which a license is required
or any retention period required by applicable law or regulation.
G. Identification of Licensee. The employee may not, in connection with
the business for which a license is required, conceal, misrepresent or
otherwise mislead any person with respect to the identity of the licensee.
H. Principal Executive Office. The licensee shall, at a minimum,
maintain a principal executive office.
I. Security Breach. If a breach of the security of a system occurs at a
location provided for in this regulation, the following steps shall be taken:
(1) Upon learning of the breach of the security of a system, the
employee shall immediately notify the licensee;
(2) Upon learning of the breach of the security of a system, the
licensee shall within 72 hours notify the Commissioner and make any other
notifications that may be required under applicable law or regulation;
(3) The licensee shall investigate the breach of the security of a
system and document its findings, including the remedial steps, if any, that
have been undertaken by the licensee to remediate any harm to consumers and to
update policies, procedures, and processes as a result of the findings; and
(4) If requested by the Commissioner, the licensee shall provide a copy
of the documentation of the investigation required in this section.
ANTONIO P. SALAZAR
Commissioner of Financial Regulation
Title 10
MARYLAND DEPARTMENT OF HEALTH
Subtitle 09 MEDICAL CARE PROGRAMS
Notice of Proposed Action
[21-026-P]
The Secretary of Health proposes to amend:
(1) Regulations .04—.06 under COMAR 10.09.03 Pharmacy Services; and
(2) Regulations .04 and .07 under COMAR 10.09.12 Disposable Medical Supplies and Durable Medical Equipment.
Statement of Purpose
The purpose of this action is to:
(1) Update the DMS/DME payment procedures to reflect that Maryland Medicaid (Medicaid) reimburses for Medicare-covered equipment and supplies at 80 percent of the Medicare rates established on January 1 of each year, as approved by the Board of Public Works;
(2) Codify rates for enteral and parenteral therapy supplies; and
(3) Shift coverage of enteral nutritional products from the Medicaid Pharmacy Program to the Durable Medical Supplies/Durable Medical Equipment (DMS/DME) Program, pursuant to 42 CFR ⸹440.70, Home Health Services.
Comparison to Federal Standards
There is a corresponding federal standard to this proposed action, but the proposed action is not more restrictive or stringent.
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed action makes two changes to DMS/DME provider reimbursement. First, it changes the reimbursement methodology for Medicare-covered services from 85 percent of April 2013 Medicare rates to 80 percent of Medicare rates established January 1 of each year (A(1)). Additionally, it transitions enteral nutritional services from the Pharmacy Program to the DMS/DME Program and establishes a reimbursement methodology based on Medicare rates (A(2)). The total impact of the proposed action in FY 21 is a $1,106,561 savings.
|
|
Revenue (R+/R-) |
|
|
II. Types of Economic Impact. |
Expenditure (E+/E-) |
Magnitude |
|
|
|
|
|
A. On issuing agency: |
|
|
|
(1) |
(E-) |
$938,194 |
|
(2) |
(E-) |
$168,367 |
|
B. On other State agencies: |
NONE |
|
|
C. On local governments: |
NONE |
|
|
|
||
|
|
Benefit (+) |
Magnitude |
|
|
|
|
|
D. On regulated industries or trade groups: |
||
|
(1) DMS/DME providers |
(-) |
$938,194 |
|
(2) Nutritional product suppliers |
(-) |
$168,367 |
|
E. On other industries or trade groups: |
NONE |
|
|
F. Direct and indirect effects on public: |
NONE |
|
|
III. Assumptions. (Identified by Impact Letter and Number from Section II.) |
||
|
A(1). This amount assumes: • CY 2018 actual utilization continued through FY 2020 and will continue throughout FY 2021; • FY 2020 is the base year for this analysis. In FY 2020, Medicaid reimbursed at 85 percent of the January 2020 Medicare rates for DMS/DME; • Effective January 1, 2021, Medicaid will reimburse at 80 percent of the January 2020 Medicare rates; • Section 3712 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) increased Medicare rates for certain DMS/DME products for the duration of FY 2021; • For a full year of claims paid at 85 percent of the January 2020 rates, the total estimated cost was $124,451,371. For a full year of claims paid at 80 percent of January 2020 rates plus CARES Act increases, the total estimated cost is $122,574,983; and • With a January 1, 2021 effective date, the total estimated impact in FY 2021 is a savings of $938,194. This amount is subject to a 55.9 percent federal match (55.9 percent federal funds, $524,450 and 44.1 percent general funds, $413,744). |
||
|
A(2). This amount assumes: • The transition of enteral nutritional services from the Pharmacy Program to the DMS/DME Program will take effect approximately February 1, 2021; • CY 2019 actual utilization represents a full year of enteral nutritional services claims; this utilization continued throughout FY 2020 and will continue throughout FY 2021; • In FY 2020, the Medicaid Pharmacy Program would have reimbursed $6,205,184 for a full year of enteral nutritional services using a methodology based on the Average Wholesale Price (AWP) plus a Professional Dispensing Fee (PDF). From February 1, 2021 through June 30, 2021, the Medicaid Pharmacy Program would have reimbursed $2,585,493 for these services; • Under the DMS/DME reimbursement methodology based on Medicare rates, Medicaid is projected to reimburse $5,801,103 for a full year of enteral nutritional services. From February 1, 2021 and June 30, 2021, Medicaid will reimburse $2,417,126; and • The total impact of this change in FY 2021 is a $168,367 projected savings. This amount is subject to a 55.9 percent federal match ($94,117 federal funds and $74,250 general funds). |
||
|
D(1). See
A(1). |
||
|
D(2). See
A(2). |
||
Economic Impact on Small Businesses
The proposed action has a meaningful economic impact on small businesses. An analysis of this economic impact follows.
Overall, Medicaid-enrolled DMS/DME providers that qualify as small businesses will receive $1,876,388 less revenue for Medicare-covered DMS/DME items provided to Maryland Medicaid participants in FY 2021. DMS/DME providers who furnish enteral nutritional services to Maryland Medicaid participants will also receive $168,367 less revenue due to the transition from pharmacy reimbursement to DMS/DME Program reimbursement based on Medicare rates.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Jake Whitaker, Acting Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through March 1, 2021. A public hearing has not been scheduled.
10.09.03 Pharmacy Services
Authority: Health-General Article, §§2-104(b), 15-103, and 15-105, Annotated Code of Maryland
.04 Covered Services.
A. The Department shall cover:
(1)—(4) (text unchanged)
(5) [Enteral nutritional and supplemental] Supplemental vitamins and mineral products given by nasogastric, jejunostomy, or gastrostomy tube in the home;
(6)—(10) (text unchanged)
B. Prescription Requirement.
(1) (text unchanged)
(2) A prescription is not required for various forms of latex condoms or other drugs or products identified by the Program, each within the limits established by the Program[,].
.05 Limitations.
A. Except as specifically identified as being covered under Regulation .04 of this chapter, the following are not covered:
(1)—(7) (text unchanged)
(8) Food supplements or infant formulas, including [enteral nutritional products and] supplemental vitamin and mineral products when administered orally;
(9)—(20) (text unchanged)
B.—E. (text unchanged)
.06 Preauthorization Requirements.
A. The provider shall obtain preauthorization from the Department or its designee for any prescription for:
(1)—(4) (text unchanged)
(5) [Enteral nutritional products and vitamin] Vitamin and mineral products when given by nasogastric, jejunostomy, or gastrostomy tube in the home;
(6)—(9) (text unchanged)
B.—F. (text unchanged)
10.09.12 Disposable Medical Supplies and Durable Medical Equipment
Authority: Health-General Article, §§2-104(b), 15-103, and 15-105, Annotated Code of Maryland
.04 Covered Services.
A. The following medically necessary items are covered when ordered by an individual who is enrolled as a provider in the Program on the date of service:
(1)—(7) (text unchanged)
(8) Evaluation for equipment that was subsequently provided through
the Department’s recycling program as described in Regulation .07O of this
chapter; [and]
(9) Speech generating, augmentative, and alternative communication
devices for recipients enrolled under fee-for-service or a Managed Care
Organization[.]; and
(10) Enteral nutritional products given by nasogastric,
jejunostomy, or gastrostomy tube in the home.
B.—F. (text unchanged)
.07 Payment Procedures.
A.—C. (text unchanged)
D. Effective [July] January 1, [2013] 2021, the Department shall pay providers [85] 80 percent of the [April 2013] Medicare rate established January 1 of each year for prosthetic devices. For prosthetic devices for which Medicare has not established a rate, the Department shall pay providers the manufacturer’s suggested retail price of the item, less 26.5 percent. The payment shall include all fitting, dispensing, and follow-up care.
E. (text unchanged)
F. [The] Unless
the service is free to individuals not covered by Medicaid, the
Department shall reimburse providers for the purchase of covered services at
the lesser of the provider’s customary charge[, unless the
service is free to individual not covered by Medicaid] or:
(1) For items for which
Medicare has established a rate:
(a) Disposable medical
supplies and durable medical equipment other
than enteral nutritional products and enteral and parenteral therapy supplies at
[85] 80 percent of the [April 2013] Medicare
purchase reimbursement rate established January 1 of each year; [and]
(b) Enteral nutritional products given by nasogastric, jejunostomy, or
gastrostomy tube in the home as established in §F-1(1) of this regulation;
(c) Enteral and parenteral therapy supplies as established in §F-1(2)
of this regulation; and
[(b)] (d) (text unchanged)
(2) For items for which
Medicare has not established a rate:
(a) [Disposable]
Other than enteral nutritional products and incontinence supplies, disposable
medical supplies not including incontinence supplies at the provider’s choice
of the manufacturer’s suggested retail price minus 41.2 percent or the
provider’s wholesale cost plus 37.2 percent;
(b) Enteral nutritional products given by nasogastric, jejunostomy, or
gastrostomy tube in the home as established in §F-1(3) of this regulation;
(c) Enteral and parenteral therapy supplies as established in §F-1(4)
of this regulation;
[(b)] (d)—[(d)] (f)
(text unchanged)
F-1. Enteral Nutritional
Product and Enteral and Parenteral Supply Reimbursement Rates Effective
February 1, 2021.
(1) Effective February 1, 2021, enteral nutritional products given by nasogastric,
jejunostomy, or gastrostomy tube in the home shall be reimbursed at the
following rates per unit:
|
HCPCS |
HCPCS
Unit |
Per
Unit Rate |
|
B4149 |
100 cal |
$1.77 |
|
B4150 |
100 cal |
$0.69 |
|
B4152 |
100 cal |
$0.57 |
|
B4153 |
100 cal |
$2.03 |
|
B4154 |
100 cal |
$1.20 |
|
B4155 |
100 cal |
$1.19 |
(2) Effective February 1, 2021, enteral and parenteral therapy
supplies shall be reimbursed at the following rates per unit:
|
HCPCS |
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 |
(3) Effective February 1, 2021, enteral nutritional products
given by nasogastric, jejunostomy, or gastrostomy tube in the home shall be
reimbursed at the following rates per unit:
|
HCPCS |
HCPCS
Unit |
Per
Unit Rate |
|
B4102 |
500 ml |
$3.56 |
|
B4103 |
500 ml |
$3.33 |
|
B4158 |
100 cal |
$0.69 |
|
B4159 |
100 cal |
$0.69 |
|
B4160 |
100 cal |
$0.85 |
|
B4161 |
100 cal |
$2.03 |
|
B4162 |
100 cal |
$3.31 |
(4) Effective February 1, 2021, enteral and parenteral therapy
supplies shall be reimbursed at the following rates per unit:
|
HCPCS |
HCPCS
Unit |
Per
Unit Rate |
|
B9998 |
1 item |
$249.90 |
|
B9999 |
1 item |
$249.90 |
G.—Z. (text unchanged)
ROBERT R. NEALL
Secretary of Health
Subtitle 09 MEDICAL CARE PROGRAMS
10.09.10 Nursing Facility Services
Authority: Health-General Article, §§2-104(b), 15-103, 15-105, 19-14B-01, and 19-310.1, Annotated Code of Maryland
Notice of Proposed Action
[21-027-P]
The Secretary of Health proposes to amend
Regulations .01, .07, .08, .15, and .19 under COMAR 10.09.10 Nursing Facility Services.
Statement of Purpose
The purpose of this action is to implement recommendations in the 2019 Joint Chairmen’s Report regarding the Maryland Medicaid nursing facility pay-for-performance program. Specifically, this action increases the size of the program, refocuses the program on reportable patient outcomes, and includes incentives and disincentives. Additionally, it updates effective dates for nursing facility rates to reflect FY 2021 and grants a 1-year extension to the Interim Working Capital Fund.
Comparison to Federal Standards
There is no corresponding federal standard to this proposed action.
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed action implements a 4 percent rate increase for Fiscal Year 2021. Additionally, working capital advances will result in loss of potential interest income to the State.
|
|
Revenue (R+/R-) |
|
|
II. Types of Economic Impact. |
Expenditure (E+/E-) |
Magnitude |
|
|
|
|
|
A. On issuing agency: |
|
|
|
(1) |
(E-) |
$5,755,632 |
|
(2) |
(R-) |
$160,151 |
|
B. On other State agencies: |
NONE |
|
|
C. On local governments: |
NONE |
|
|
|
||
|
|
Benefit (+) |
Magnitude |
|
|
|
|
|
D. On regulated industries or trade groups: |
|
|
|
(1) |
(-) |
$5,755,632 |
|
(2) |
(-) |
$160,151 |
|
E. On other industries or trade groups: |
NONE |
|
|
F. Direct and indirect effects on public: |
NONE |
|
|
III. Assumptions. (Identified by Impact Letter and Number from Section II.) |
||
|
A(1). The average reimbursement for nursing facility services will increase by 4 percent in Fiscal Year 2021. Under the provisions of this amendment, the rate represents a reduction of $1.07 per day compared with the rate that providers would otherwise receive. Based on a projected 5,399,652 days of care in Fiscal Year 2021, this reduction represents a savings to the State of $5,755,632. This amount is 50 percent federal funds and 50 percent General Funds. |
||
|
A(2). The interim working capital fund will provide a projected $11,538,270 to providers during Fiscal Year 2021, resulting in loss of potential interest income of $160,151 based on a rate of return of 1.388 percent. This amount is 100 percent General Funds. |
||
|
D(1). Reimbursement for nursing facilities will be reduced by $5,755,632 based on the net impact of the reimbursement adjustments in this proposal, although the average per diem rate will increase by 4 percent as described in Section IIIA(1). |
||
|
D(2). Providers will benefit from the State’s loss of potential interest income in the amount of $160,151 due to providing working capital advances. |
||
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The proposed action has an impact on individuals with disabilities as follows:
By increasing the total amount payable through the pay for performance process, modifying criteria to become more outcome-oriented, and extending the Interim Working Capital fund, the proposed action incentivizes higher quality of care for the many individuals with disabilities who are served in nursing facilities.
Opportunity for Public Comment
Comments may be sent to Annie Olle, Acting Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through March 1, 2020. A public hearing has not been scheduled.
.01 Definitions.
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1)—(30) (text unchanged)
(31) “Payroll-Based Journal” means a system for facilities to
submit staffing information to meet the requirements of §6106 of the Affordable
Care Act (ACA) that requires facilities to electronically submit direct care
staffing information (including agency and contract staff) based on payroll and
other auditable data.
[(31)] (32)—[(53)] (54) (text unchanged)
[(54)] (55) “Substandard quality of care” means [that one or more requirements under 42 CFR §483.13, 42 CFR §483.15, or 42 CFR 483.25 were not met, to a degree constituting immediate jeopardy to resident health or safety, and a pattern of actual harm, widespread actual harm, or a widespread potential for more than minimal harm] a finding of substandard care in accordance with 42 CFR §488.301.
[(55)] (56)—[(58)] (59) (text unchanged)
.07 Prospective Rates.
A.—F. (text unchanged)
G. Final facility rates for the period July 1, [2019] 2020 through June 30, [2020] 2021 shall be each nursing facility’s quarterly rate, exclusive of the amount identified in Regulation .13A(2) of this chapter, reduced by the budget adjustment factor of [3.4] 0.405 percent, plus the Nursing Facility Quality Assessment add-on identified in Regulation .11E of this chapter and the ventilator care add-on amount identified in Regulation .13A(2) of this chapter when applicable.
.08 Interim Working Capital Fund.
A.—G. (text unchanged)
H. The Interim Working Capital Fund expires on May 1, [2020] 2021. Providers shall repay all outstanding funds to the Department by May 1, [2020] 2021. The Department may grant repayment extensions, not longer than 60 days, under extraordinary circumstances.
.15 Pay-for-Performance — Quality Measures.
A. Providers shall receive a composite score based on the following:
(1) Staffing levels [and staff stability], as described in [§B and C] §B of this regulation, shall comprise [40] 20 percent of each facility’s score;
(2) Staffing stability, as described in §C of this regulation,
shall comprise 15 percent of each facility’s score;
[(2)] (3) Maryland Health Care Commission Nursing Facility Family Survey, as described in §D of this regulation, shall comprise [40] 30 percent of each facility’s score;
[(3)] (4) Minimum Data Set Clinical Quality Indicators, as described in §E of this regulation, shall comprise [16] 30 percent of each facility’s score;
[(4) Employment of an infection control coordinator, as described in §F of this regulation, shall comprise 2 percent of each facility’s score;] and
(5) Staff immunization survey, as described in [§G] §F of this regulation, shall comprise [2] 5 percent of each facility’s score.
B. Staffing Levels.
[(1) Maryland nursing facilities serving Medicaid patients shall provide salary data and hours of work data at least 3 months before the start of the new rate year. These data shall be for selected personnel types for a 2-week period to be specified by the Department.
(2) Each Maryland facility covered by these regulations which fails to comply with §B(1) of this regulation shall incur a 1 percentage point reduction in its applicable rental rate presented in Regulation .11B(1)(i) or (j) of this chapter.]
(1) Staffing and hours of work shall be determined using the Payroll-Based Journal data for the 9-month period ending March 31 of each fiscal year.
[(3)] (2) A facility’s average staffing level shall be determined from its most recent data reported in accordance with §B(1) of this regulation. Total staff hours shall be divided by average daily census during the [survey] period specified in §B(1) of this regulation [in order] to establish the facility’s average daily staffing.
[(4)] (3) (text unchanged)
[(5)] (4) The result from [§B(4)] §B(3) of this regulation shall be multiplied by 1.26555 [in order] to establish the facility’s staffing goal.
[(6)] (5) The facility’s staffing level from [§B(3)] §B(2) of this regulation shall be divided by the facility’s staffing goal from [§B(5)] §B(4) of this regulation [in order] to determine a score based on its percentage of the goal. A facility staffing exceeding its goal shall be scored at 100 percent.
[(7)] (6) (text unchanged)
C. Staff Stability.
(1) On or before May 31 of the fiscal year, nursing facilities,
excluding continuing care retirement communities and facilities with fewer than
45 beds, shall report data on individual nursing staff members’ length of
employment using a format and procedures designated by the Department. This data
shall include all nursing staff employed by the facility during the pay period
that includes March 31 of the fiscal year.
(2) Providers that fail to comply with §C(1) of this regulation
shall receive 0 points.
[(1)] (3) Staff stability is based upon dates of employment for nursing staff reported [on the facility’s most recent salary and hours survey] in accordance with [§B(1)] §C(1) of this regulation.
[(2)] (4) Staff stability shall be determined by the percentage of [hours provided by] staff employed by the facility for 2 years or longer at the time of the [survey] report.
[(3)] (5) Providers shall receive [0—20] 0—15 points based upon the scoring methodology described under Regulation .16 of this chapter.
D. Family Satisfaction.
(1) (text unchanged)
(2) Providers shall receive [0—40] 0—30 points based upon the scoring methodology described under Regulation .16 of this chapter, as follows:
(a) [0—20] 0—6 points shall be based upon questions regarding general satisfaction; and
(b) [0—20] 0—24 points shall be based on several categories of questions regarding specific aspects of care and environment in the nursing facility.
E. Minimum Data Set Clinical Quality Indicators.
(1) Providers shall receive scores for the 3-month period ending December 31 of the most recent prior State fiscal year based on the following quality indicators for long-stay residents from the Minimum Data Set published by the federal Centers for Medicare and Medicaid Services:
(a) (text unchanged)
(b) Percent of Residents [Who Were Physically Restrained] with a Fall Resulting in Major Injury;
(c)—(f) (text unchanged)
(2) Providers shall receive [0—2.67] 0—5 points for each quality indicator based on the scoring methodology described under Regulation .16 of this chapter.
[F. Employment of Infection Control Coordinator.
(1) In accordance with State licensing regulations under COMAR 10.07.02.21, all Maryland nursing facilities are required to employ an infection control coordinator who has attended training as required in COMAR 10.07.02.21C. Scoring, based on compliance with COMAR 10.07.02.21, shall be as follows:
(a) A facility not in compliance with COMAR 10.07.02.21 shall receive no points;
(b) A facility meeting the minimum requirement of COMAR 10.07.02.21 shall receive 1 point; or
(c) A facility shall receive 2 points if:
(i) In a facility with 200 or more beds, an infection control coordinator is dedicated 35 hours or more per week to infection control responsibilities; or
(ii) In a facility with fewer than 200 beds, an infection control coordinator is dedicated to infection control responsibilities 15 hours or more per week.
(2) Providers shall receive 0—2 points for this quality measure. Data will be collected by the Department in April of each year.]
[G.] F. Staff Immunizations.
(1) (text unchanged)
(2) Providers shall receive [0 or 2] 0, 2, or 5 points for this quality measure. Facilities shall submit data to the Department regarding all individuals employed or contracted by the facility during the period September through April 15.
(3) Benchmark.
(a) The benchmark for staff vaccinations is [80] 90 percent.
(b) Nursing facilities that [meet or exceed the benchmark of 80 percent] achieve the benchmark for at least 90 percent but less than 95 percent for seasonal flu shall receive 2 points.
(c) Nursing facilities that meet or exceed the benchmark of 95
percent for seasonal flu shall receive 5 points.
[(c)] (d) Facilities with less than [80] 90 percent may not receive points for this quality measure.
.19 Pay-for-Performance — Payment Distribution.
[A. During State fiscal year 2011, 0.2445 percent of the budget allocation for nursing facility services shall be distributed based on pay-for-performance scores.]
[B.] A. Beginning State fiscal year [2012] 2021, and each year thereafter, [0.5] 10 percent of the budget allocation for nursing facility services shall be distributed based on pay-for-performance scores.
[C.] B. Eighty-five percent of the amount identified in §A [or B] of this regulation shall be distributed to the highest scoring facilities, representing [35] 40 percent of the eligible days of care, in accordance with the methodology described in Regulation .16 of this chapter.
[D.] C.—[G.] F. (text unchanged)
ROBERT R. NEALL
Secretary of Health
Subtitle 09 MEDICAL CARE PROGRAMS
10.09.18 Oxygen and Related Respiratory Equipment Services
Authority: Health-General Article, §§2-104(b), 15-103, 15-105, and 15-129, Annotated Code of Maryland
Notice of Proposed Action
[21-028-P]
The Secretary of Health proposes to amend
Regulation .07 under COMAR 10.09.18 Oxygen and Related
Respiratory Equipment Services.
Statement of Purpose
The purpose of this action is to update the oxygen and related respiratory equipment services payment procedures to reflect that the Department reimburses for Medicare-covered equipment and supplies at 80 percent of the Medicare rates established on January 1 of each year.
Comparison to Federal Standards
There is no corresponding federal standard to this proposed action.
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed action amends the methodology set forth in the affected regulation from 85 percent of April 2013 Medicare rates to 80 percent of the Medicare rates established January 1 of each year. The total impact for Fiscal Year (FY) 2021 is $236,675.
|
|
Revenue (R+/R-) |
|
|
II. Types of Economic Impact. |
Expenditure (E+/E-) |
Magnitude |
|
|
|
|
|
A. On issuing agency: |
(E+) |
$236,675 |
|
B. On other State agencies: |
NONE |
|
|
C. On local governments: |
NONE |
|
|
|
||
|
|
Benefit (+) |
Magnitude |
|
|
|
|
|
D. On regulated industries or trade groups: |
(+) |
$236,675 |
|
E. On other industries or trade groups: |
NONE |
|
|
F. Direct and indirect effects on public: |
NONE |
|
|
III. Assumptions. (Identified by Impact Letter and Number from Section II.) |
||
|
A. This amount assumes: (1) CY 2018
actual utilization continued through FY 2020 and will continue throughout FY
2021. (2) In FY
2020, Maryland Medicaid reimbursed at 85 percent of the January 2020 Medicare
rates for oxygen and related respiratory equipment. (3) Section
3712 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act)
revises the fee schedule amounts for certain durable medical equipment,
including oxygen and related respiratory equipment, whose fees are adjusted
using competitive bidding information during the COVID-19 Public Health
Emergency (PHE). As such, the current Medicare rates are higher than the
rates established in January 2020. (4) For a
full year of claims paid at 85 percent of the January 2020 rates, the total
estimated cost was $10,210,048. For a full year of claims paid at 80 percent
of January 2020 rates plus enhanced rates during the PHE, the total projected
cost is $10,446,723. (5) In FY
2021, the total impact is $236,675. This amount is subject to a 55.9 percent
federal match ($132,301 federal funds and $104,374 general funds). |
||
|
D. See A above. |
||
Economic Impact on Small Businesses
The proposed action has a meaningful economic impact on small businesses. An analysis of this economic impact follows.
The proposed action may have a meaningful economic impact on small businesses that participate as oxygen and related respiratory equipment providers insofar as it reduces Maryland Medicaid reimbursement for these services.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Jake Whitaker, Acting Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through March 1, 2020. A public hearing has not been scheduled.
.07 Payment Procedures.
A.—C. (text unchanged)
D. The Department shall reimburse providers for the purchase of covered services at the lowest of the provider’s customary charge:
(1) For items [that] for which Medicare has established a rate:
(a) [Effective July 1, 2013, the] The Department shall pay providers [85] 80 percent of the [April 2013] Medicare [rate] rates established on January 1 of each year for oxygen and respiratory equipment and supplies, which shall include all fitting, dispensing, and follow-up care; and
(b) (text unchanged)
(2) (text unchanged)
E.—P. (text unchanged)
ROBERT R. NEALL
Secretary of Health
Subtitle 09 MEDICAL CARE PROGRAMS
Authority: Health-General Article, §§2-104(b), 15-102.8, 15-103, and 15-105, Annotated Code of Maryland
Notice of Proposed Action
[21-029-P]
The Secretary of Health proposes to amend
Regulation .08 under COMAR 10.09.92 Acute Hospitals.
Statement of Purpose
The purpose of this action is to adjust the District of Columbia (D.C.) hospital provider reimbursement methodology for FY 2021, as approved by the Board of Public Works.
Comparison to Federal Standards
There is no corresponding federal standard to this proposed action.
Estimate of Economic Impact
I. Summary of Economic Impact. D.C. hospitals receive an additional percentage of their charges to account for labor market differences between D.C. and Maryland hospitals. The Board of Public Works approved an adjustment to D.C. hospital provider rates. Specifically, the adjustment applied to the FY 2012 base rate is reduced from 9 percent to 6 percent in FY 2021. The total estimated impact is a $4,305,046 cost savings.
|
|
Revenue (R+/R-) |
|
|
II. Types of Economic Impact. |
Expenditure (E+/E-) |
Magnitude |
|
|
|
|
|
A. On issuing agency: |
(E-) |
$4,305,046 |
|
B. On other State agencies: |
NONE |
|
|
C. On local governments: |
NONE |
|
|
|
||
|
|
Benefit (+) |
Magnitude |
|
|
|
|
|
D. On regulated industries or trade groups: |
(-) |
$4,305,046 |
|
E. On other industries or trade groups: |
NONE |
|
|
F. Direct and indirect effects on public: |
NONE |
|
|
III. Assumptions. (Identified by Impact Letter and Number from Section II.) |
||
|
A. This amount assumes: (1) FY 2019 rates and utilization will continue for FY 2021. (2) The total magnitude of the cost savings represents the difference between projected FY 2021 D.C. hospital reimbursement with a 9 percent upward adjustment ($124,390,268) and projected FY 2021 D.C. hospital reimbursement with a 6 percent upward adjustment ($120,085,222). (3) This amount is subject to a blended 40 percent State funds and 60 percent federal match ($1,722,018 general funds; $2,583,028 federal funds). |
||
|
D. See A above. |
||
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 Annie Olle, Acting Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through March 1, 2020. A public hearing has not been scheduled.
.08 District of Columbia Hospital Reimbursement.
A. Inpatient Services Rate Calculation.
(1)—(2) (text unchanged)
(3) Effective for dates of service starting [July 1, 2012] July 14, 2020, and forward, the rate calculated for [FY 2012] FY 2021 in accordance with §A(2) of this regulation shall be increased by [9] 6 percent.
(4)—(7) (text unchanged)
B. Outpatient Services.
(1)—(2) (text unchanged)
(3) Effective for dates of service
starting [July 1, 2012] July
14, 2020, and
forward, the rates calculated for [FY
2012] FY 2021 in accordance
with §B(2) of this regulation shall be increased by [9] 6
percent.
(4)—(6) (text unchanged)
C. (text unchanged)
ROBERT R. NEALL
Secretary of Health
Notice of Proposed Action
[21-030-P]
The Secretary of Health proposes to amend:
(1) Regulation .12 under COMAR 10.10.13 Medical Laboratories — Testing for Hereditary and Congenital Disorders in Newborn Infants; and
(2) Regulation .05 under COMAR 10.52.12 Newborn Screening.
Statement of Purpose
The purpose of this action is to add Pompe disease, Fabry disease, spinal muscular atrophy (SMA), and mucopolysaccharidosis type I (MPS I) to the Maryland Newborn Screening Panel as recommended by the Maryland State Advisory Council on Hereditary and Congenital Disorders and the federal Recommended Uniform Screening Panel (for Pompe disease, Fabry disease, SMA, and MPS I). Adding these conditions to the newborn screening panel will assist with the diagnosis and treatment of infants born each year with these rare diseases.
Comparison to Federal Standards
There is no corresponding federal standard to this proposed action.
Estimate of Economic Impact
I. Summary of Economic Impact. The estimated expenditure for reagents and supplies to conduct screening for Pompe disease, Fabry disease, spinal muscular atrophy, and mucopolysaccharidosis type I is approximately $302,814.00 for FY 2021.
|
|
Revenue (R+/R-) |
|
|
II. Types of Economic Impact. |
Expenditure (E+/E-) |
Magnitude |
|
|
|
|
|
A. On issuing agency: |
(E-) |
$302,814 |
|
B. On other State agencies: |
NONE |
|
|
C. On local governments: |
NONE |
|
|
|
||
|
|
Benefit (+) |
Magnitude |
|
|
|
|
|
D. On regulated industries or trade groups: |
NONE |
|
|
E. On other industries or trade groups: |
NONE |
|
|
F. Direct and indirect effects on public: |
NONE |
|
|
III. Assumptions. (Identified by Impact Letter and Number from Section II.) |
||
|
A(1). In subsequent years, the total estimated cost for reagents and supplies is as follows (based on an adjustment of 1 percent for inflation): 1. FY 2022: $305,842 2. FY 2023: $308,900 3. FY 2024: $311,989 4. FY 2025: $315,109 |
||
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 Annie Olle, Acting Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-225), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through March 1, 2020. A public hearing has not been scheduled.
Subtitle 10 LABORATORIES
10.10.13 Medical Laboratories — Testing for Hereditary and Congenital Disorders in Newborn Infants
Authority: Health General Article, §13-111(d)(2), Annotated Code of Maryland
.12 First-Tier, Supplemental, and Second-Tier Tests.
A.—B. (text unchanged)
C. First-Tier Tests. The Department’s public health laboratory shall perform a first-tier test on a newborn infant to screen for the following hereditary and congenital disorders, which are approved for screening by the Council and the Secretary:
(1)—(52) (text unchanged)
(53) Cystic fibrosis; [and]
(54) Severe combined immunodeficiency (SCID)[.];
(55) Pompe disease;
(56) Fabry disease;
(57) Spinal muscular atrophy (SMA); and
(58) Mucopolysaccharidosis type I (MPS I).
D. (text unchanged)
Subtitle 52 PREVENTIVE MEDICINE
10.52.12 Newborn Screening
Authority: Health-General Article, §§13-109, 13-111, and 13-601—13-605, Annotated Code of Maryland
.05
Selection of Disorders for Screening.
A.
(text unchanged)
B.
The selected disorders are:
(1)—(52) (text unchanged)
(53)
Cystic fibrosis; [and]
(54)
Severe combined immunodeficiency (SCID)[.];
(55) Pompe disease;
(56) Fabry disease;
(57) Spinal muscular atrophy
(SMA); and
(58) Mucopolysaccharidosis type
I (MPS I).
C.
(text unchanged)
ROBERT R. NEALL
Secretary of Health
Title 13A
STATE BOARD OF EDUCATION
Subtitle 02 LOCAL SCHOOL ADMINISTRATION
13A.02.06 General Financial Aid to Local School Systems
Authority: Education Article, §§2-205, 5-202, 5-205—5-209, 7-101, 7-101.1, 8-101—8-105, 8-403, and 8-404, Annotated Code of Maryland
Notice of Proposed Action
[21-031-P]
The Maryland State Board of Education proposes to amend Regulation .06 under COMAR 13A.02.06 General Financial Aid to Local School Systems. This action was considered by the State Board of Education at their December 8, 2020, meeting.
Statement of Purpose
The purpose of this action is to change the federally submitted student count date for students with disabilities to October 1 annually.
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 Marcella Franczkowski, M.S., Assistant State Superintendent, Maryland State Department of Education, Division of Early Intervention and Special Education Services, 200 West Baltimore Street, Baltimore, MD 21201, or call 410-767-0238 (TTY 410-333-6442), or email to marcella.franczkowski@maryland.gov, or fax to 410-333-2488. Comments will be accepted through March 1, 2021. A public hearing has not been scheduled.
Open Meeting
Final action on the proposal will be considered by the State Board of Education during a public meeting to be held on March 23, 2021, at 9 a.m., at 200 West Baltimore Street, Baltimore, MD 21201.
.06 State Financial Assistance under the Special Education Grant.
A. A special education student may be counted as eligible for State aid under the special education grant if the student is:
(1)—(2) (text unchanged)
(3) Receiving special education services on [the last Friday in] October 1 of the prior fiscal year.
B.—C. (text unchanged)
KAREN B. SALMON, Ph.D.
State Superintendent of Schools
Title 26
DEPARTMENT OF THE ENVIRONMENT
Subtitle 03 WATER SUPPLY, SEWERAGE, SOLID WASTE, AND POLLUTION CONTROL PLANNING AND FUNDING
26.03.13 Bay Restoration Fund Implementation
Authority: Environment Article, §9-1605.2, Annotated Code of Maryland; Chs. 80 and 379, Acts of 2014; Chs. 124 and 153, Acts of 2015
Notice of Change to Opportunity for Public Comment
[21-015-P]
The Opportunity for Public Comment which appeared in 48:2 Md. R. 64 (January 15, 2021) has been changed. The corrected notice follows.
Opportunity for Public Comment
Comments may be sent to Jeffrey Fretwell, Program Manager, Water Quality Finance Administration, MDE, 1800 Washington Blvd, Baltimore, MD 21230, or call 410-537-3981, or email to jeffrey.fretwell@maryland.gov. Comments will be accepted through March 1, 2021. A public hearing has not been scheduled.
BENJAMIN H. GRUMBLES
Secretary of the Environment
Subtitle 13 DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES
Notice of Proposed Action
[21-025-P]
The Secretary of the Environment proposes to:
(1) Amend Regulations .03 and .05 under COMAR 26.13.01 Hazardous Waste Management System: General;
(2) Amend Regulations .04-4, .04-5, .05, .19, and .19-2 under COMAR 26.13.02 Identification and Listing of Hazardous Waste;
(3) Amend Regulations .01—.03, .05, and .06, and adopt new Regulations .01-1, .02-1, .02-2, .03-1—.03-11, and .05-1—.05-5 under COMAR 26.13.03 Standards Applicable to Generators of Hazardous Waste;
(4) Amend Regulations .01, .03, and .05 under COMAR 26.13.05 Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities;
(5) Amend Regulation .01 under COMAR 26.13.06 Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities; and
(6) Amend Regulations .02, .10, .14, and .25 under COMAR 26.13.10 Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities.
Statement of Purpose
The purpose of this action is to modify Maryland’s hazardous waste regulations to incorporate provisions of the U.S. Environmental Protection Agency’s “hazardous waste generator improvements” rule, modify the hazardous waste listing for nicotine, and revise requirements for hazardous waste treatability studies.
This action also makes other clarifying and formatting edits.
Comparison to Federal Standards
There is a corresponding federal standard to this proposed action, but the proposed action is not more restrictive or stringent.
Estimate of Economic Impact
I. Summary of Economic Impact. Based on the U.S. Environmental Protection Agency’s regulatory impact analysis of the corresponding federal regulations, the proposed action is expected to have only a minimal economic impact. Costs of new requirements that the State is required to adopt to maintain consistency with federal regulations are expected to be offset to a large degree by savings from new flexibilities that the regulations provide.
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Revenue (R+/R-) |
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II. Types of Economic Impact. |
Expenditure (E+/E-) |
Magnitude |
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A. On issuing agency: |
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Implementation costs |
(E+) |
Minimal |
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B. On other State agencies: |
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Incremental costs of compliance |
(E+) |
Minimal |
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C. On local governments: |
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Incremental costs of compliance |
(E+) |
Minimal |
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Benefit (+) |
Magnitude |
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D. On regulated industries or trade groups: |
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Incremental cost of compliance |
(-) |
Aggregate annualized Statewide cost: $57,000 |
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E. On other industries or trade groups: |
NONE |
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F. Direct and indirect effects on public: |
(+) |
Indeterminable |
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III. Assumptions. (Identified by Impact Letter and Number from Section II.) |
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A. The proposed action is not anticipated to require the hiring of any new staff. Implementation is expected to be able to be accomplished using existing resources. There may be minor costs associated with outreach to the regulated community (distribution of compliance assistance materials, for example.) |
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B. The overall net aggregate cost of the proposed action on the regulated community is expected to be minimal, as explained in Section II.D. |
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C. The overall net aggregate cost of the proposed action on the regulated community is expected to be minimal, as explained in Section II.D. |
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D. The U.S. Environmental Protection Agency, in its regulatory impact analysis of the generator improvements rule, estimated the net annualized national cost of compliance to range between $100,000 and $5,200,000 (80 Fed. Reg. 57988, 9/25/15). Taking the average of these figures, and converting the average to current dollars from 2015 dollars using the U.S. Department of Commerce gross domestic product (GDP) implicit price deflators for 2019 and 2015, the current average national compliance cost is estimated to be $2,650,000. Based on data obtained from the Department of Commerce Bureau of Economic Analysis, Maryland contributed a 2.0% share to the U.S. GDP in 2015 and in 2019. Taking the state’s contribution to overall national economic activity as representative of the share of the national compliance costs that would be borne by Maryland entities, the averaged aggregate annualized compliance cost for Maryland generators would be (0.02x$2,650,000) = $53,000. There are approximately 1,500 active hazardous waste generators in Maryland, so the estimated average annual cost per generator is $35. |
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E. Significant impacts are not expected on industries or trade groups not directly affected by the proposed action. |
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F. The public will continue to benefit from the safe management of hazardous waste and the associated avoidance of adverse impacts to human health and the environment, but a specific value for any incremental change in this benefit that would result from the proposed action is impossible to quantify. |
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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 Edward Hammerberg, Technical Specialist/RCE Supervisor, Maryland Department of the Environment/RMP, 1800 Washington Blvd., Suite 610, Baltimore, MD 21230-1719, or call 410-537-3356, or email to ed.hammerberg@maryland.gov, or fax to 410-537-3321. Comments will be accepted through March 1, 2021. A public hearing has not been scheduled.
26.13.01 Hazardous Waste Management System: General
Authority: Environment Article, §6-905.3 and Title 7, Subtitle 2, Annotated Code of Maryland
.03 Definitions.
A. (text unchanged)
B. Terms Defined.
(1) — (2-1) (text unchanged)
(2-1-1) “Acute hazardous waste” means a hazardous waste that
meets the listing criteria in COMAR 26.13.02.09A(2) and has therefore been
assigned a hazard code of (H) in accordance with COMAR 26.13.02.15B;
(2-2) — (24-2) (text unchanged)
(25) “Final closure” means the closure of all hazardous waste management units at the facility in accordance with all applicable closure requirements so that hazardous waste management activities under COMAR 26.13.05 and 26.13.06 are no longer conducted at the facility unless subject to the provisions in COMAR [26.13.03.05E] 26.13.03.03-3—.03-10.
(26) — (28) (text unchanged)
(28-1) “Fully regulated generator” means a person who generates
hazardous waste and does not meet the definition of a Maryland-defined small
quantity generator;
(29) — (51-1) (text unchanged)
(51-1-1) “Maryland-defined small quantity generator (MDSQG)”
means a person who does not meet any of the criteria specified in COMAR
26.13.03.01A-2.
(51-2) — (96) (text unchanged)
.05 Incorporation by Reference.
A. (text unchanged)
B. Incorporation of Federal Regulations by Reference.
(1) As qualified by §B(2) of this regulation, certain federal regulations are incorporated by reference as follows:
(a) When used in COMAR 26.13.05, 40 CFR §§144.3 and 264.140—264.151 as of July 1, [2014] 2019, are incorporated by reference;
(b) When used in COMAR 26.13.06, the federal regulations as of July 1, [2014] 2019, in 40 CFR §§265.90—265.94, 265.140—265.148, 265.270—265.282, 265.340—265.351, 265.370—265.382, and 265.400—265.406 are incorporated by reference;
(c) When used in COMAR 26.13.01—26.13.10, the federal regulations as of July 1, [2014] 2019, in 40 CFR Part 264, Appendix IX Ground Water Monitoring List, 40 CFR Part 261, Appendix III Chemical Analysis Test Methods, and 49 CFR 173, 178, and 179 are incorporated by reference;
(d) When used in COMAR 26.13.03.07-5, the federal regulations as of July 1, [2014] 2019, in 40 CFR §§262.81—262.89 are incorporated by reference; [and]
(e) When used in COMAR 26.13.02, Appendix IX of 40 CFR Part 261, as
amended, is incorporated by reference[.];
and
(f) When used in COMAR 26.13.01—26.13.10, 49 CFR 171—180, 387, and 396, as amended, are incorporated by reference.
(2) (text unchanged)
C. (text unchanged)
26.13.02 Identification and Listing of Hazardous Waste
Authority: Environment Article, §6-905.3 and Title 7, Subtitle 2, Annotated Code of Maryland
.04-4 Treatability Study Samples.
A. Except as provided in §B of this regulation, persons who generate or collect samples for the purpose of conducting treatability studies as defined in COMAR 26.13.01.03B are not subject to any requirement of COMAR 26.13.02—.04 or to the notification requirements of Section 3010 of RCRA, nor are those samples included in the quantity determinations of Regulation .05 of this chapter and COMAR [26.13.03.05E(2)]26.13.03.03-4C(3) when one of the following conditions is met:
(1) — (3) (text unchanged)
B. The exemption in §A of this regulation is applicable to samples of hazardous waste being collected and shipped for the purpose of conducting treatability studies, provided that all of the following conditions are met:
(1) [The]For each process being evaluated for each generated waste stream, the generator or sample collector [does not use]uses, in treatability studies, no more than[ the following amounts for each process being evaluated for each generated waste stream]:
(a) — (b) (text unchanged);
(c) 100 kilograms of any
waste that is:
(i) Identified in this chapter as an acute hazardous waste by
having been assigned a hazard code of (H) in accordance with regulations .09
and .15B of this chapter; and
(ii) Not identified as an acute hazardous waste in 40 CFR Part
261;
[(c)] (d) 1 kilogram of acute hazardous waste that does not meet the criteria of §B(1)(c) of this regulation; or
[(d)] (e) (text unchanged)
(2) The mass of each sample shipment:
(a) (text unchanged)
(b) May consist entirely of media contaminated with nonacute hazardous waste, or may include, in addition to media contaminated with nonacute hazardous waste, up to:
(i) (text unchanged)
(ii) 1,000 kilograms of hazardous waste other than contaminated media; [and]
(iii) 1 kilogram of acute hazardous waste [other than] that is not contaminated media and does not meet the criteria of §B(1)(c) of this regulation; and
(iv) 100 kilograms of acute hazardous waste that meets the
criteria of §B(1)(c) of this regulation and is not contaminated media;
(3) — (8) (text unchanged)
C. Allowance for Additional Quantities.
(1) Quantities and Bases for Requests.
(a) The Secretary may grant requests on a case-by-case basis for quantity limits in excess of those specified in §B(1) and (2) of this regulation and Regulation .04-5A(4) of this chapter for up to an additional 500 kilograms of nonacute hazardous waste, 5,000 kilograms of media contaminated with nonacute hazardous waste, 1 kilogram of acute hazardous waste that does not meet the criteria of §B(1)(c) of this regulation, 100 kilograms of acute hazardous waste that meets the criteria of §B(1)(c) of this regulation, and 2,500 kilograms of media contaminated with acute hazardous waste, to conduct further treatability study evaluation in response to requests for authorization to ship, store, and conduct treatability studies on additional quantities.
(b) — (c) (text unchanged)
(2) — (3) (text unchanged)
D. (text unchanged)
E. Return of Samples and Residues from Treatability Studies.
(1) (text unchanged)
(2) Until they are accepted by the sample generator or collector to whom they are being sent, the materials identified in §E(1)of this regulation:
(a) (text unchanged)
(b) Are not included in the quantity determinations of Regulation .05 of this chapter and COMAR [26.13.03.05E(2)]26.13.03.03-4C(3).
(3) — (4) (text unchanged)
.04-5 Samples Undergoing Treatability Studies at Laboratories and Testing Facilities.
A. Samples undergoing treatability studies and the laboratories or testing facility conducting the treatability studies, to the extent those facilities are not otherwise subject to requirements under COMAR 26.13, are not subject to any requirements of COMAR 26.13.02—26.13.07 or 26.13.10 or 40 CFR Part 268 or to the notification requirements of §3010 of RCRA provided that all of the following conditions are met:
(1) — (3) (text unchanged)
(4) The quantity of “as received” hazardous waste stored at the facility for the purpose of evaluation in treatability studies, exclusive of treatment materials, including nonhazardous solid waste, added to “as received” hazardous waste, does not exceed 10,000 kilograms, the total of which may consist entirely of media contaminated with nonacute hazardous waste, or may include, in addition to media contaminated with nonacute hazardous waste, up to:
(a) (text unchanged)
(b) 1,000 kilograms of nonacute hazardous waste other than contaminated media; [and ]
(c) 1 kilogram of acute hazardous waste that does not meet the
criteria of Regulation .04-4B(1)(c) of this chapter; and
(d) 100 kilograms of acute hazardous waste that meets the
criteria of Regulation .04-4B(1)(c) of this regulation.
(5) — (11) (text unchanged)
(12) The facility notifies the Secretary by letter when the
facility is no longer planning to conduct any treatability studies at the site;
[and ]
(13) The treatability study is not being used merely as a means to
treat or dispose of hazardous waste[.]; and
(14) If a person intends to use, in a treatability study, more
than 1 kilogram of waste identified in Regulation .04-4B(1)(c) of this chapter,
the person:
(a) Notifies the Department of that intention no later than 30
days before the initiation of the treatability study;
(b) Provides the Department with an explanation of why the
quantity in excess of 1 kilogram is needed for the study; and
(c) Provides the Department with any information that the
Department considers necessary to evaluate:
(i) The need to use the additional quantity of waste; and
(ii) Whether the treatability study will be conducted in a manner consistent with the protection of human health and the environment;
B. (text unchanged)
.05 Special Requirements for Hazardous Waste Generated by Maryland-defined Small Quantity Generators.
A. Exemptions.
(1) Except for those wastes identified in §§B, C, D, and E(2) of this regulation, and except as specified in §G of this regulation and COMAR 26.13.03.01A-3, if a person generates, in a calendar month, a total of less than 100 kilograms (approximately 220 pounds) of hazardous wastes, those wastes are not subject to regulation under COMAR 26.13.03—26.13.07 and 26.13.10 and the notification requirements of §3010 of RCRA, provided the generator complies with the requirements of §§B, D, E, and F of this regulation.
(2) In determining quantities under this chapter and COMAR 26.13.03, a generator shall include all hazardous waste generated, except for hazardous waste that is:
(a) — (d) (text unchanged)
(e) Spent lead-acid batteries managed under the requirements of COMAR 26.13.10.04; [or]
(f) Universal waste managed under Regulation .07-1 of this chapter and COMAR 26.13.10.06—.25[.]; or
(g) Managed as part of an episodic generation event in compliance
with the requirements of COMAR 26.13.03.05-2—26.13.03.05-4.
(3) (text unchanged)
B. — C. (text unchanged)
D. In order for hazardous waste to be excluded from regulation under this chapter, the generator:
(1) Shall comply with COMAR 26.13.03.02—.02-2, which concern hazardous waste determination[.];
(2) Shall treat or dispose of the waste in an on-site facility, or ensure delivery to an off-site treatment, storage, or disposal facility, either of which, if located in the United States, is:
(a) — (e) (text unchanged)
(f) A facility which:
(i) (text unchanged)
(ii) Treats its waste before beneficial use or reuse, or legitimate recycling or reclamation; [or]
(g) For universal waste managed under COMAR 26.13.10.06—.25, a universal waste handler or destination facility subject to the requirements of COMAR 26.13.10.06 — .25[.]; or
(h) A facility that is under the control of the same person as the generator, as described in COMAR 26.13.03.03-11B(1), if the generator marks the generator’s containers of hazardous waste in accordance with the requirements of COMAR 26.13.03.03-10A(1) and (2), and the facility is authorized to accept the waste from the generator for consolidation under the provisions of:
(i) COMAR 26.13.03.03-11, if the facility is located in
Maryland; or
(ii) 40 CFR §262.14(a)(5)(viii) or analogous regulations of the
destination state, as applicable, if the facility to which the waste is being
sent is not located in Maryland; and
(3) May not accumulate hazardous waste on-site if the generator accumulates at any time:
(a) Acute hazardous wastes in quantities greater than those set forth in §C of this regulation[.], [Those]in which case, those accumulated wastes are subject to regulation under COMAR 26.13.03—26.13.07 and 26.13.10 and the applicable notification requirements of §3010 of RCRA[.], and [The]the time period of COMAR [26.13.03.05E] 26.13.03.03-4C for accumulation of wastes on-site begins when the accumulated wastes exceed the applicable exclusion limit[.]; or
(b) More than a total of 100 kilograms of any hazardous waste not otherwise regulated under §D(3)(a) of this regulation[.], in which case, those [Those] accumulated wastes are subject to regulation under COMAR 26.13.03—26.13.07 and 26.13.10 and the applicable notification requirements of §3010 of RCRA[.], and [The]the time period of COMAR [26.13.03.05E] 26.13.03.03-4C for accumulation of wastes on-site begins for a generator when the initial waste is generated.
E. — G. (text unchanged)
.19 Discarded Commercial
Chemical Products, Off-Specification Species, Containers, and Spill Residues of
These.
A. — D. (text unchanged)
E. The commercial chemical products, or manufacturing chemical intermediates, or off-specification commercial chemical products or manufacturing chemical intermediates referred to in §§A—D of this regulation are identified as acute hazardous wastes (H) and are subject to the small quantity exclusion defined in Regulation .05C of this chapter. These wastes and their corresponding EPA Hazardous Waste Numbers are:
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Hazardous |
Substance* |
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1080 see P058 — P074 Nickel cyanide (text unchanged) |
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P075 |
Nicotine and salts, except than
this listing does not include patches, gums, and lozenges that have been approved
by the Food and Drug Administration as over-the-counter nicotine replacement
therapies. |
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P076 Nitric Oxide — P205 Zinc,
bis(dimethylcarbamodithioato-S,S’)-, (text
unchanged) |
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*The Department included in this
list those trade names of which it was aware. An omission of a trade name
does not imply that it is not hazardous. The material is hazardous if it is
listed under its generic name.
F. — H. (text unchanged)
.19-2
Comparable Fuel and Synthesis Gas Fuel Exclusion — Implementation.
A.—C. (text unchanged)
D. Blending to Meet the Viscosity Specification. A person seeking to exclude a waste from regulation as a solid waste under §A of this regulation shall ensure that a hazardous waste that is blended to meet the viscosity specification of Regulation .19-1B(1)(a)(ii) of this chapter:
(1) (text unchanged)
(2) Is blended at a facility that is subject to the applicable requirements of COMAR 26.13.05—26.13.07 and COMAR [26.13.03.05E]26.13.03.03-3—.03-10; and
(3) (text unchanged)
E. Treatment to Meet the Comparable Fuel Exclusion Specifications.
(1) A person may treat a hazardous waste to meet the exclusion specifications of Regulation .19-1B(1) of this chapter if the treatment:
(a) (text unchanged)
(b) Is performed at a facility that is subject to the applicable requirements of COMAR 26.13.05—26.13.07 and COMAR [26.13.03.05E]26.13.03.03-3—.03-10; and
(c) (text unchanged)
(2) (text unchanged)
F. Generation of a Syngas Fuel.
(1) A person may generate a syngas fuel by processing hazardous wastes to meet the exclusion specifications of Regulation .19-1B(2) of this chapter if the processing:
(a) (text unchanged)
(b) Is performed at a facility that is:
(i) Subject to the applicable requirements of COMAR 26.13.05—26.13.07 and COMAR [26.13.03.05E]26.13.03-3—.03-10; or
(ii) (text unchanged)
(c) (text unchanged)
(2) (text unchanged)
G. (text unchanged)
26.13.03 Standards Applicable to Generators of Hazardous Waste
Authority: Environment Article, Title 7, Subtitle 2, Annotated Code of Maryland
.01 Purpose, Scope, and Applicability.
A. These regulations establish standards for generators of hazardous waste[.], and include:
(1) Requirements that must be met in order for a generator to
qualify for exemptions from specified requirements of COMAR 26.13; and
(2) Requirements that a generator must meet independently of
those requirements that determine eligibility for a conditional exemption, with
these independent requirements including:
(a) Hazardous waste determination and record keeping
requirements of Regulations .02, .02-1, and .02-2 of this chapter;
(b) Determination of applicability of requirements of this
chapter based on amounts of hazardous waste generated and amounts of hazardous
waste accumulated, as specified in §§A-1 and A-2 of this regulation;
(c) Requirements concerning EPA identification numbers and
renotification in Regulations .03—.03-2 of this chapter;
(d) Manifest requirements of Regulation .04 of this chapter;
(e) Pre-transport requirements of Regulation .05 of this
chapter;
(f) Record keeping and reporting requirements of Regulation .06
of this chapter; and
(g) Requirements of 40 CFR Part 262 Subpart H, concerning
transboundary movements of hazardous waste for recovery and disposal.
A-1. To determine the applicability of a provision of this
chapter that depends on the amount of hazardous waste generated per calendar
month, a person shall use the criteria of COMAR 26.13.02.05A(2) and (3) in
calculating the amount of hazardous waste generated.
A-2. A person is subject to the requirements of this chapter if
the person meets any of the following criteria:
(1) Generates 100 kilograms or more of hazardous waste in a
calendar month;
(2) Accumulates, at any time, more than 100 kilograms of
hazardous waste;
(3) Generates in a calendar month or accumulates at any time
more than 1 kilogram of acute hazardous waste as specified in COMAR
26.13.02.05C(1), C(2), C(6,) and C(7);
(4) Generates in a calendar month or accumulates at any time:
(a) Any containers identified in COMAR 26.13.02.19C that are
larger than 20 liters in capacity;
(b) 10 kilograms or more of inner liners from containers
identified in COMAR 26.13.02.19C; or
(c) 100 kilograms or more of any residue or contaminated soil,
waste, or other debris resulting from the cleanup of a spill into or onto any
land or water of any acute hazardous waste listed in COMAR 26.13.02.16—.19.
A-3. Requirements for Maryland-defined Small Quantity
Generators.
(1) A person who does not meet any of the criteria in §A-2 of
this regulation is referred to as a “Maryland-defined small quantity
generator”.
(2) A Maryland-defined small
quantity generator is subject to the requirements of COMAR 26.13.02.05 rather
than this chapter, except:
(a) For the requirements of
Regulations .05-2 and .05-3 of this chapter, regarding episodic generation; and
(b) As specified in COMAR
26.13.02.05;
(3) A person’s eligibility to operate under the requirements applicable to
Maryland-defined small quantity generators under COMAR 26.13.02.05 may be
determined on a month-to-month basis, based on the amounts of hazardous waste
and acute hazardous waste that:
(a) Are generated in a given month; and
(b) Have been accumulated on site at any time during that month.
(4) Renotification Requirements for Maryland-defined Small
Quantity Generators. Except as provided in Regulation .03H of this chapter, a
person in possession of an EPA identification number issued under Regulation
.03B of this chapter is not required to notify the Department of a change in
the person’s generator status if the generator status changes as a result of
the person either newly qualifying as a Maryland-defined small quantity
generator or no longer qualifying as a Maryland-defined small quantity
generator. However, if the person expects the new status to remain unchanged
for an extended period, the person is encouraged to notify the Department of
the change in status by completing EPA Form 8700-12 with current information
and submitting the revised form to the Department.
B. A generator who treats, stores, or disposes of hazardous wastes on-site shall [only] comply with the following sections of this chapter with regards to that waste:
(1) [Regulation .02 of this chapter for determining whether or not he has a hazardous waste;
(2) Regulation .03 for obtaining an identification number;
(3) Regulation .06A(3) and (4) for record keeping;
(4) Regulation .06D for additional reporting]Requirements identified in §A(2) of this regulation;
[(5)] (2) If applicable, Regulation .07-4 of this chapter for farmers; [and]
[(6) Regulation .05E for accumulation time.]
(3) Regulations
.03-3—.03-10 of this chapter, concerning accumulation of hazardous waste;
and
(4) Applicable requirements of §§C—J of this regulation.
[B-1. To determine the
applicability of a provision of this chapter that depends on the amount of
hazardous waste generated per calendar month, a person shall use the criteria
of COMAR 26.13.02.05A(2) and (3) in calculating the amount of hazardous waste
generated. ]
C. — D. (text unchanged)
E. A person who generates a hazardous waste as defined by COMAR 26.13.02 is subject to the compliance requirements and penalties prescribed in Environment Article, Title 7, Subtitle 2, Annotated Code of Maryland, if that person does not comply with the requirements of this chapter.[ A generator of a hazardous waste who treats, stores, or disposes of hazardous waste on-site shall comply with the applicable standards and permit requirements set forth in COMAR 26.13.05, 26.13.06, and 26.13.07.]
F. (text unchanged)
G.[ Regulation by Reference. Reference to 49 CFR in this chapter is to 49 CFR as it has been adopted as of October 1, 2007] A generator of hazardous waste who treats, stores, or disposes hazardous waste on-site shall comply with the applicable standards and permit requirements of COMAR 26.13.05, 26.13.06, and 26.13.07, but may be exempted from certain of these requirements under Regulation .03-4 of this chapter.
H. (text unchanged)
I. A generator subject to regulation under this chapter shall follow the notification requirements of Section 3010 of RCRA by complying with the requirements of Regulation .03A—C of this chapter, or, if applicable, Regulation .03F of this chapter.
J. (text unchanged)
.01-1 Federally-defined
Hazardous Waste Generator Categories — Applicability in Maryland.
A. Federal hazardous waste
regulations in 40 CFR Parts 260—270 define and use the terms “very small quantity generator”, “small quantity generator”, and “large
quantity generator”.
This regulation:
(1) Restates the definitions
of the federally-defined hazardous waste generator categories;
(2) Identifies certain
requirements for which the applicability of the requirements to a Maryland
generator of hazardous waste depends on the generator’s federally-defined
hazardous waste generator category; and
(3) Identifies certain
reduced requirements that a Maryland generator of hazardous waste may take
advantage of if the generator meets the federal definition of a small quantity
generator.
B. Federal Categories for
Hazardous Waste Generators. Under federal regulations at 40 CFR §260.10, a:
(1) “Very small quantity generator” is a generator who generates
less than or equal to the following amounts in a calendar month:
(a) 100 kilograms (220 lbs) of nonacute
hazardous waste;
(b) 1 kilogram (2.2 lbs) of acute hazardous waste listed in 40
CFR §261.31 or 40 CFR §261.33(e); and
(c) 100 kilograms (220 lbs) of any residue or contaminated soil,
water, or other debris resulting from the cleanup of a spill, into or on any
land or water, of any acute hazardous waste listed in 40 CFR §261.31 or 40 CFR
§261.33(e);
(2) “Small quantity generator” is a generator who generates that
following amounts in a calendar month:
(a) Greater than 100 kilograms (220 pounds) but less than 1,000
kilograms (2,200 pounds) of non-acute hazardous waste;
(b) Less than or equal to 1 kilogram (2.2 pounds) of acute
hazardous waste listed in 40 CFR §261.31 or 40 CFR §261.33(e); and
(c) Less than or equal to 100
kilograms (220 pounds) of any residue or contaminated soil, water, or other
debris resulting from the cleanup of a spill, into or on any land or water, of
any acute hazardous waste listed in 40 CFR §261.31 or 40 CFR §261.33(e);
(3) “Large quantity generator” is a generator who generates any
of the following amounts in a calendar month:
(a) Greater than or equal to 1,000 kilograms (2200 pounds) of
non-acute hazardous waste;
(b) Greater than 1 kilogram (2.2 pounds) of acute hazardous
waste listed in 40 CFR §261.31 or 40 CFR §261.33(e) of this chapter; or
(c) Greater than 100 kilograms
(220 pounds) of any residue or contaminated soil, water, or other debris
resulting from the cleanup of a spill, into or on any land or water, of any
acute hazardous waste listed in 40 CFR §261.31 or 40 CFR §261.33(e).
C. A Maryland generator of hazardous waste shall:
(1) Determine the applicable generator category under federal
regulations using the procedures in 40 CFR §262.13, except that the generator
shall:
(a) Use the provisions of COMAR 26.13.02.05A(2) instead of the
provisions of 40 CFR §262.13(c) in identifying waste that should not be counted
in determining the federal generator category;
(b) Exclude from the quantity of waste that determines the
generator’s federal generator category any hazardous waste that is regulated as
a hazardous waste under Maryland regulations but not federal regulations; and
(c) Use the provisions of COMAR 26.13.02.05A(3)instead of the
provisions of 40 CFR §262.13(d) in identifying the quantity of hazardous waste
generated in a calendar month.
(2) Use the federal generator category determined under §C(1) of
this regulation for the purposes of:
(a) Completing forms associated with:
(i) Obtaining an EPA identification number under Regulation .03
of this chapter;
(ii) Satisfying the renotification requirement of Regulation
.03-1 of this chapter; and
(iii) Reactivating an EPA identification number under Regulation
.03-2 of this chapter;
(b) Completing forms associated with the biennial report of
hazardous waste activity required by Regulation .06B of this chapter; and
(c) Determining eligibility for exemptions from certain requirements
that are available to persons who qualify as a small quantity generator under
federal regulations, as specified in §D of this regulation.
D. Exemptions from Certain Requirements Based on a Generator’s
Federal Generator Category. A generator who qualifies as a small quantity
generator under federal regulations, and who does not accept hazardous waste
from off site for consolidation under the provisions of Regulation .03-11 of
this chapter, is not required to comply with:
(1) The requirement of Regulation .03-5D(1) of this chapter and
COMAR 26.13.05.04D(2) regarding submission of copies of the contingency plan;
(2) The requirement of Regulation .03-5E of this chapter to
prepare and distribute a quick reference guide to the facility contingency plan;
(3) The requirement of Regulation .03-6G(1) of this chapter that
containers holding ignitable or reactive waste are to be located at least 15
meters (50 feet) from the facility property line;
(4) The requirements of Regulations .03-6J and .03-7B(1)(d) of
this chapter to comply with air emissions standards in 40 CFR Part 265 Subparts
AA, BB, and CC; and
(5) The closure notification requirements of regulation .05-2B
of this chapter.
.02 Hazardous Waste Determination — Generator’s Obligations.
A. A person who generates a solid waste, as defined in COMAR 26.13.02.02[, shall determine if that waste is a hazardous waste using the following method:
(1) The person should first determine if the waste is excluded from regulation under COMAR 26.13.02.04—.04-5;
(2) The person shall then determine if the waste is listed as a hazardous waste in COMAR 26.13.02.15—.19;
Agency Note: Even if the waste is listed, the generator still has an opportunity under COMAR 26.13.02.09A(3) to demonstrate to the Secretary that the waste from his particular facility or operation is not a hazardous waste.
(3) If the waste is not listed as a hazardous waste in COMAR 26.13.02.15—.19, the person shall determine whether the waste is identified by either:
(a) Testing the waste according to the methods set forth in COMAR 26.13.02.10-.14, or according to an equivalent method approved by the Secretary under COMAR 26.13.01.04B; or
(b) Applying knowledge of the hazard characteristic of the waste in light of the materials or the processes used.]:
(1) Shall:
(a)Make an accurate
determination as to whether that waste is a hazardous waste, with an “accurate determination” being a determination that allows
the person to determine the requirements that are applicable to the waste and
the generator of the waste under the provisions of COMAR 26.13.01—26.13.10 and
federal hazardous waste regulations; and
(b) Take into account, when
the determination required by §A(1)(a) of this regulation is made, changes in
the properties of the waste that are known or likely to occur before the
ultimate disposition of the waste due to:
(i) Exposure of the waste to
the environment; or
(ii) Other factors;
(2) Shall, in complying with
§A(1) of this regulation, make the determination for each solid waste:
(a) At the point of waste generation before any dilution, mixing, or other alteration of the waste occurs; and
(b) At any time in the course
of the management of the waste when:
(i) The properties of the waste have, or may have, changed as a
result of exposure of the waste to the environment or because of other factors;
and
(ii) The change or potential change to the properties of the
waste may cause a change to the classification of the waste made under §A(2)(a)
of this regulation;
(3) May, subject to the requirements
of §A(4) of this regulation, designate the solid waste to be a hazardous waste
if the person:
(a) Assumes that the solid
waste is a hazardous waste without having made a formal determination following
the procedures in Regulation .02-1 of this chapter; or
(b) Has decided to
voluntarily designate and manage the solid waste as a hazardous waste despite a
determination, using the procedures in Regulation .02-1 of this chapter, that
the waste does not have to be managed as a hazardous waste; and
(4) Shall, if the person has
made the assumption that the waste is hazardous, as specified in §A(3)(a) of
this regulation:
(a) Determine whether the
waste is an acute hazardous waste, as specified in Regulation .02-1 of this
chapter;
(b) Comply with the record
keeping requirements of Regulation .02-2 of this chapter, if applicable; and
(c) Identify all hazardous
wastes numbers that may be associated with the waste, in accordance with the
requirements of §D(1) of this regulation, if applicable.
B. [If the person
determines that the waste is a hazardous waste, the person shall refer to COMAR
26.13.02, 26.13.05, 26.13.06, and 26.13.10 for possible exclusions or
restrictions pertaining to management of the specific waste.]A
person making the determination required by §A of this regulation shall:
(1) Follow the procedures
specified in Regulation .02-1 of this chapter in characterizing the waste; and
(2) Unless the person
qualifies as a Maryland-defined small quantity generator, comply with the
record keeping requirements specified in Regulation .02-2 of this chapter.
C. If the result of the
determination required by §A of this regulation is that the waste is a
hazardous waste, the generator of the waste shall refer to COMAR 26.13.02,
26.13.05, 26.13.06, and 26.13.10 for possible exclusions or restrictions
pertaining to management of the specific waste.
D. A person who generates
hazardous waste and who does not meet the criteria to be considered a
Maryland-defined small quantity generator shall:
(1) Identify, for each
hazardous waste generated, all hazardous waste numbers and EPA hazardous waste
numbers, as specified in COMAR 26.13.02.11—.19, that apply to the hazardous
waste; and
(2) Comply with the record
keeping requirements of Regulation .02-2 of this chapter.
Agency Note: information from
the complete determination of applicable hazardous waste numbers required by
§D(1) of this regulation is needed in order to comply with the container
marking requirements of Regulation .03-10 of this chapter.
.02-1 Hazardous Waste
Determination — Procedures.
A. This regulation specifies
procedures that a person shall follow in determining whether a solid waste is a
hazardous waste, and establishes record keeping requirements with respect to
hazardous waste determinations.
B. In order to determine
whether a solid waste is a hazardous waste, a person shall, in accordance with
the requirements of §§C—D of this regulation:
(1) Determine if the waste is
excluded from regulation under COMAR 26.13.02.04—.04-5;
(2) If the waste is not excluded
from regulation under COMAR 26.13.02.04—.04-5:
(a) Determine if the waste is
listed as a hazardous waste in COMAR 26.13.02.15—.19; and
(b) Determine whether the
waste exhibits any of the characteristics of hazardous waste specified in COMAR
26.13.02.10—.14.
C. To determine if a waste is
listed as a hazardous waste in COMAR 26.13.02.15—.19, a person shall:
(1) Use knowledge of the
waste to determine if the waste meets any of the listing descriptions in COMAR
26.13.02.10—.14; and
(2) Ensure that the information
that the person uses in making the determination is sufficient to result in an
accurate characterization that can serve as the basis for determining the
management standards that apply, such as information on:
(a) The origin of the waste;
(b) Waste composition;
(c) The process that produced
the waste;
(d) The feedstock for the
process from which the waste is derived; and
(e) Other reliable and
relevant information.
Agency Note: Even if the
waste is listed as a hazardous waste, the generator still has an opportunity
under 40 CFR 260.20 and 260.22 for a waste listed as hazardous by the federal
government, and COMAR 26.13.01.04A and C for a Maryland-only listed waste, to
demonstrate that the waste from the generator’s particular facility or operation
does not meet the criteria for listing. However, the waste must be managed as a
hazardous waste until a petition to delist the waste under these provisions is
successful.
D. Determining Whether a
Waste Exhibits a Characteristic of Hazardous Waste.
(1) To determine whether a
waste exhibits a characteristic of hazardous waste, a person shall:
(a) Apply knowledge of the
characteristics of the waste in accordance with §D(2) of this regulation;
(b) Test the waste in
accordance with §D(3) of this regulation; or
(c) Use a combination of both
application of knowledge of the waste and testing of the waste.
(2) In using knowledge of
waste characteristics as the basis for determining whether a waste exhibits any
of the characteristics of hazardous waste defined in COMAR 26.13.02.10—.14, a
person:
(a) Shall apply knowledge of
the hazard characteristics of the waste in light of the materials and the
processes used to generate the waste;
(b) Shall ensure that the
information that the person uses in making the determination is sufficient to
result in an accurate characterization that can serve as the basis for
determining the management standards that apply, relying on such things as:
(i) Process knowledge, such
as information about the identities and properties of chemical feedstocks and
other inputs to the production process and the transformations that occur as
part of the process;
(ii) Knowledge of products,
by-products, and intermediates produced by the manufacturing process;
(iii) Chemical or physical
characteristics of wastes;
(iv) Information on the
chemical and physical properties of the chemicals used or produced by the
process or otherwise contained in the waste;
(v) Testing that illustrates
the properties of the waste; or
(vi) Other reliable and
relevant information about the properties of the waste or its constituents; and
(c) May use a test method
other than a test method specified in COMAR 26.13.02.10—.14, or an equivalent
test method approved by the Secretary under COMAR 26.13.01.04A and B, as part of
the person’s knowledge if the person:
(i) Understands that such
tests, by themselves, do not provide definitive results; and
(ii) Ensures that any testing
that is performed is done on a representative sample as defined in COMAR
26.13.01.03B.
(3) If available knowledge is
insufficient to allow an accurate determination of whether a waste exhibits a
characteristic of hazardous waste, a person required to characterize the waste
shall:
(a) Test the waste according to the applicable methods specified
in COMAR 26.13.02.10—.14, or an equivalent test method approved by the
Department under COMAR 26.13.01.04A and B; and
(b) Perform the testing on a representative sample as defined in
COMAR 26.13.01.03B.
(4) The results from a properly performed test using a test method
that is specified in COMAR 26.13.02.10—.14 are definitive for determining the
regulatory status of the waste.
(5) If a person who is
required to characterize a waste concludes, based on the person’s knowledge of
the characteristics of the waste, that the waste does not exhibit a
characteristic of hazardous waste specified in COMAR 26.13.02.10—.14, but
subsequent testing of a representative sample of the waste using a test method
specified in COMAR 26.13.02.10—.14 shows the waste to exhibit a characteristic
of hazardous waste, the person is subject to any liability that applies as a
result of the person’s mischaracterization of the waste.
.02-2 Hazardous Waste
Determination — Record Keeping Requirements.
A. A person who generates
hazardous waste and who does not meet the criteria to be considered a
Maryland-defined small quantity generator shall maintain records that support
the generator’s hazardous waste determinations, including records that identify
whether a solid waste is a hazardous waste as defined by COMAR 26.13.02.03.
B. Record Retention Period.
(1) A generator who is
required under §A of this regulation to maintain records of a hazardous waste
determination shall maintain the records for at least 3 years from the date
that the waste was last sent to on-site or off-site treatment, storage, or
disposal.
(2) The period of record
retention specified in §B(1) of this regulation is extended automatically
during the course of any unresolved enforcement action regarding the regulated
activity or as requested by the Department.
C. A person required to
maintain records under §A of this regulation shall ensure that the records:
(1) Comprise the generator’s
knowledge of the waste and support the generator’s determinations made in accordance
with Regulation .02-1B—D of this chapter; and
(2) Include, at a minimum,
the following types of information:
(a) The results of any tests,
sampling, waste analyses, or other determinations made in accordance with
Regulations .02 and .02-1 of this chapter;
(b) Records documenting the
tests and sampling referenced in §C(2)(a) of this regulation, and information
on analytical methods used to demonstrate the validity and relevance of such
tests;
(c) Records that were
consulted in order to determine the process by which the waste was generated,
the composition of the waste, and the properties of the waste; and
(d) Records that explain the
basis for the knowledge that the generator relied on in determining whether a
waste exhibits a characteristic of hazardous waste, in accordance with
Regulation .02-1D of this chapter.
.03 EPA Identification Numbers — General Requirements for Generators.
A. A generator may not treat, store, dispose of, transport, or offer for transportation, hazardous waste without having received an EPA identification number from the [Secretary] Department.
B. A generator who has not received an EPA identification number may obtain one by applying to the [Secretary] Department using EPA Form 8700-12 or another form specified by the Department.
C. Upon receiving [the]a request for an EPA identification number, the [Secretary] Department will:
(1) [assign]Assign an identification number to the
generator[.]; or
(2) Inform the generator that an EPA identification number has previously been assigned to the site for which the generator is applying for a number, provide the previously assigned number to the generator, and instruct the generator to use the previously assigned number for the purposes of compliance with this chapter.
D. In completing EPA Form
8700-12, a generator:
(1) Shall determine the
generator’s federally defined hazardous waste generator category as specified
in Regulation .01-1B—C of this chapter; and
(2) May elect to identify on
the form as being in a more stringently regulated category of generator than is
actually the case based on the generator’s current rate of hazardous waste
generation, such as identifying as a large quantity generator when the
generator’s current rate of generation corresponds to the small quantity generator
category.
[C.]E. A generator may not offer [his] the generator’s hazardous waste to transporters or to treatment, storage, or disposal facilities that have not received an EPA identification number.
F. A recognized trader may not arrange for import or export of hazardous waste without having received an EPA identification number from the Department.
G. Temporary EPA
Identification Number.
(1) A generator who is
required to obtain an EPA identification number in order for a shipment of
hazardous waste to be made from a particular location may apply to the
Department for a temporary EPA identification number if the location has not
previously been issued an EPA identification number or a temporary EPA
identification number.
(2) To obtain a temporary EPA
identification number, a person shall contact the Department and provide the
Department with any information that the Department considers to be relevant to
the request for the temporary EPA identification number, including information
on the site location, information about the generator, information about the
waste, information about the person who will transport the waste, and
information about the destination facility to which the waste will be sent.
(3) If additional hazardous
waste is generated at the site subsequent to the completion of shipment off
site of the hazardous waste that necessitated issuance of a temporary EPA
identification number for the site, the generator:
(a) May not continue to use
the temporary EPA identification number that had been issued for the site; and
(b) Shall obtain an EPA
identification number for the site as specified in §B of this regulation,
unless the generator is otherwise excluded from the requirement to obtain an
EPA identification number for the site.