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Maryland Register
Issue Date: March 12, 2021 Volume 48 Issue 6 Pages 223 248
Governor General Assembly Judiciary Regulations 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Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before February 22, 2021 5 p.m.
Pursuant to State Government Article, §7-206, Annotated Code of Maryland, I hereby certify that this issue contains all documents required to be codified as of February 22, 2021. Gail S. Klakring Acting Administrator, Division of State Documents Office of the Secretary of State |
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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,
Maryland21401. 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
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or entity.
Closing Dates for the Maryland
Register
Schedule of Closing Dates and
Issue Dates for the
Maryland Register ..................................................................... 226
COMAR Research Aids
Table of Pending Proposals ........................................................... 227
Index of COMAR Titles Affected in
This Issue
COMAR
Title Number and Name Page
08 Department of Natural Resources ..................................... 237
09 Maryland Department of Labor ......................................... 237
11 Department of Transportation ............................................ 238
13A State Board of Education ................................................... 238
14 Independent Agencies ....................................................... 238
16 Department of Juvenile Services ....................................... 239
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.
ORDER
OF THE GOVERNOR OF THE STATE OF
MARYLAND
DISCIPLINARY
PROCEEDINGS .................................. 236
08 DEPARTMENT OF NATURAL RESOURCES
Nuisance
and Prohibited Species
BOATING—SPEED
LIMITS AND OPERATION OF
VESSELS
09 MARYLAND DEPARTMENT OF LABOR
11 DEPARTMENT OF TRANSPORTATION
Heavy
Weight Port Corridor Permit
Secondary
School Career and Technical Education .
Program
of Instruction in Career Development for College
and Career Readiness
COMMISSION
ON CRIMINAL SENTENCING POLICY
16 DEPARTMENT OF JUVENILE SERVICES
Probation
and Aftercare Services and Procedures .
WATER
AND SCIENCE ADMINISTRATION
Water Quality Certification 19-WQC-0027 .........................
Water Quality Certification 19-WQC-0028
Water Quality Certification 19-WQC-0029
Water Quality Certification 20-WQC-0028
Water Quality Certification 20-WQC-0031
Water Quality Certification 20-WQC-0032
Water Quality Certification 20-WQC-0034
Water Quality
Certification 20-WQC-0038
Water Quality Certification 20-WQC-0040
Water Quality
Certification 20-WQC-0043
DEPARTMENT
OF NATURAL RESOURCES
FISHING
AND BOATING SERVICES — PUBLIC
NOTICE
2020
— 2021 Commercial Yellow Perch - Closure of
Chester River — Effective 2/21/2021
MARYLAND
CORRECTIONAL ENTERPRISES
GOVERNOR’S
GRANTS OFFICE/MARYLAND EFFICIENT
GRANT APPLICATION (MEGA) COUNCIL
Public
Meeting .........................................................................
ADVISORY
COUNCIL TO THE MARYLAND EARLY
HEARING DETECTION AND INTERVENTION
PROGRAM
Public
Meeting .........................................................................
HISTORIC
ST. MARY’S CITY COMMISSION
DEPARTMENT
OF INFORMATION TECHNOLOGY
MARYLAND
INSURANCE ADMINISTRATION
MARYLAND
STATE LOTTERY AND GAMING CONTROL
COMMISSION
MARYLAND
HEALTH CARE COMMISSION
BOARD
OF OCCUPATIONAL THERAPY PRACTICE
Public
Meeting .........................................................................
MARYLAND
DEPARTMENT OF TRANSPORTATION/
OFFICE OF MINORITY BUSINESS ENTERPRISE
Public
Meeting .........................................................................
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
JANUARY 2022
Issue |
Emergency and Proposed Regulations 5
p.m.* |
Notices,
etc. 10:30
a.m. |
Final Regulations 10:30
a.m. |
2021 |
|||
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 |
August 13 |
July 26 |
August 2 |
August 4 |
August 27 |
August 9 |
August 16 |
August 18 |
September 10 |
August 23 |
August 30 |
September 1 |
September 24 |
September 3** |
September 13 |
September 15 |
October 8 |
September 20 |
September 27 |
September 29 |
October 22 |
October 4 |
October 8** |
October 13 |
November 5 |
October 18 |
October 25 |
October 27 |
November 19 |
November 1 |
November 8 |
November 10 |
December 3 |
November 15 |
November 22 |
November 24 |
December 17 |
November 29 |
December 6 |
December 8 |
2022 |
|||
January 3*** |
December 13 |
December 20 |
December 22 |
January 14 |
December 27 |
January 3 |
January 5 |
January 28 |
January 10 |
January 14** |
January 19 |
* 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
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
08.02.15.12 •
48:2 Md. R. 53 (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)
48:4 Md. R. 190 (2-12-21) (err)
09.10.01.07 • 48:2 Md. R. 56 (1-15-21)
48:4 Md. R. 190 (2-12-21) (err)
09.10.01.91 •
48:2 Md. R. 57 (1-15-21)
48:4 Md. R. 190 (2-12-21) (err)
09.10.02.62 • 48:2 Md. R. 58 (1-15-21)
48:4 Md. R. 190 (2-12-21) (err)
09.12.01.01-1 • 48:2 Md. R. 59 (1-15-21) (ibr)
48:5 Md. R. 219 (2-26-21) (err)
09.12.31 • 47:25 Md. R. 1076 (12-4-20)
47:25 Md. R. 1076 (12-4-20)
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 • 48:4 Md. R. 190 (2-12-21) (err)
10.06.01.01,01-1,.13 • 48:4 Md. R. 181 (2-12-21) (ibr)
Subtitle 09 (2nd volume)
10.09.02.07 •
48:4 Md. R. 182 (2-12-21) (ibr)
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)
10.09.09.07 •
48:4 Md. R. 183 (2-12-21) (ibr)
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)
48:4 Md. R. 190 (2-12-21) (err)
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)
10.09.76.03,.06 •
48:4 Md. R. 183 (2-12-21)
10.09.77.06 • 47:23 Md. R. 986 (11-6-20)
10.09.89.02—.04,.09—.12
• 48:4 Md. R. 184 (2-12-21)
10.09.92.08 • 48:3 Md. R. 104 (1-29-21)
48:4 Md. R. 190 (2-12-21) (err)
Subtitles 10 — 22 (3rd Volume)
10.10.13.12 • 48:3 Md. R. 105 (1-29-21)
10.13.04.01—.03 •
48:4 Md. R. 186 (2-12-21)
Subtitles 23—36 (4th volume)
10.27.01.01,.05,.10 • 47:23 Md. R. 987 (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)
10.60.01.01,.03—.05
• 48:4 Md. R. 187 (2-12-21)
10.60.02.01,.04 •
48:4 Md. R. 187 (2-12-21)
10.60.03.01—.03 •
48:4 Md. R. 187 (2-12-21)
10.60.04.02 •
48:4 Md. R. 187 (2-12-21)
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)
13A STATE BOARD OF EDUCATION
13A.02.06.06 •
48:3 Md. R. 106 (1-29-21)
13B MARYLAND HIGHER
EDUCATION COMMISSION
13B.08.11.02—.04
• 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)
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)
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)
30 MARYLAND INSTITUTE FOR
EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)
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)
ORDER OF THE GOVERNOR OF THE STATE OF MARYLAND
NUMBER 21-01-28-01
Amending and Restating the Order
of November 17, 2020, Regulating Certain Businesses and Facilities and
Generally Requiring Use of Face Coverings
WHEREAS, A state of
emergency and catastrophic health emergency was proclaimed on March 5, 2020,
and renewed on March 17, April 10, May 6, June 3, July
1, July 31, August 10, September 8, October 6, October 29, November 25,
December 23, 2020, and January 21, 2021, to control and prevent the spread of
COVID-19 within the state, and the state of emergency and catastrophic health
emergency still exists;
WHEREAS, COVID-19, a
respiratory disease that spreads easily from person to person and may result in
serious illness or death, is a public health catastrophe and has been confirmed
throughout Maryland;
WHEREAS, To reduce
the spread of COVID-19, the U.S. Centers for Disease Control and Prevention and
the Maryland Department of Health recommend canceling large gatherings and
social distancing in smaller gatherings;
WHEREAS, The
currently known and available scientific evidence and best practices support
limitations on large gatherings and social distancing to prevent exposures and
transmissions, and reduce the threat to especially vulnerable populations,
including older individuals and those with chronic health conditions;
WHEREAS, To reduce
the threat to human health caused by transmission of the novel coronavirus in
Maryland, and to protect and save lives, it is necessary and reasonable that
individuals in the state refrain from congregating;
WHEREAS, To protect
the public health, welfare, and safety, prevent the transmission of the novel
coronavirus, control the spread of COVID-19, and save lives, it is necessary to
control and direct the movement of individuals in Maryland, including those on
the public streets;
WHEREAS, It is
further necessary to control and direct in Maryland the occupancy and use of
buildings and premises, as well as places of amusement and assembly;
WHEREAS, The
Coronavirus Recovery Team continues to advise on related public health and
emergency management decisions;
WHEREAS, The State
has implemented measures to reduce community transmission rates of COVID-19,
while strategically activating the Maryland Strong: Roadmap to Recovery plan;
WHEREAS, The State is
continuously expanding COVID-19 laboratory testing capacity and locations
throughout Maryland, and has increased its disease-investigation capabilities
by implementing operations to trace the contacts of up to 1,000 new cases per
day;
WHEREAS, The State
has carefully monitored hospital capacity, and has worked with hospitals to
ensure their surge capacity can accommodate Marylanders who may become ill;
WHEREAS, The State is
procuring necessary protective equipment to safeguard critical facilities and
staff; and
WHEREAS, The
Coronavirus Recovery Team has advised that widespread use of Face Coverings is
likely to help control the spread of COVID-19;
NOW, THEREFORE, I,
LAWRENCE J. HOGAN, JR., GOVERNOR OF THE STATE OF MARYLAND, BY VIRTUE OF THE
AUTHORITY VESTED IN ME BY THE CONSTITUTION AND LAWS OF MARYLAND, INCLUDING BUT
NOT LIMITED TO TITLE 14 OF THE PUBLIC SAFETY ARTICLE, AND IN AN EFFORT TO
CONTROL AND PREVENT THE SPREAD OF COVID-19 WITHIN THE STATE, DO HEREBY ORDER:
I. Administrative and Implementing
Provisions.
a. The Order of the Governor of the
State of Maryland, dated March
12, 2020, entitled “Prohibiting Large Gatherings and Events and Closing Senior
Centers,” as amended and restated on March 16, 2020, and further amended and
restated on March 19, 2020 by Order Number 20-03-19-01, and further amended and
restated on March 23, 2020 by Order Number 20-03-29-01, and further amended and
restated on March 30, 2020 by Order Number 20-03-30-01, and further amended and
restated on May 6, 2020 by Order Number 20-05-06-01, and further amended and
restated on May 13, 2020 by Order Number 20-05-13-01, and further amended and
restated on May 27, 2020 by Order Number 20-05-27-01, further amended and
restated on June 3, 2020 by Order Number 20-06-03-01, further amended and
restated on June 10, 2020 by Order Number 20-06-10-01, further amended and
restated on July 29, 2020 by Order Number 20-07-29-01, further amended and
restated on August 3, 2020 by Order Number 20-08-03-01, further amended and
restated on September 1, 2020 by Order Number 20-09-01-01, and further amended
and restated on September 18, 2020 by Order Number 20-09-18-01, further amended
and restated on September 28, 2020 by Order Number 20-09-28-01, further amended
and restated on October 16, 2020 by Order Number 20-10-16-01, and further
amended and restated on November 10, 2020 by Order Number 20-11-10-01, and
further amended and restated on November 17, 2020 by Order Number 20-11-17-01,
is further amended and restated in its entirety as set
forth herein.
b.
The Secretary of Health (the “Secretary”) is hereby authorized to issue
directives under this Order (“Secretary’s Directives”), as the Secretary
deems necessary, to monitor, treat, prevent, reduce the spread of, and suppress
COVID-19 in relation to any activity permitted under this Order or any
business, organization, establishment, or facility that is permitted by this
Order to be open to the general public, which directives may consist of binding
requirements and/or non-binding recommendations, and may include, without
limitation, requirements pertaining to physical distancing, cleaning,
disinfection, COVID-19 symptom screening, restrooms and other shared
facilities, concessions, and/or ingress, egress, and movement of persons.
c.
Political subdivisions are not prohibited from opening outdoor public spaces to
the general public (such as parks, sports fields and courts, beaches, dog
parks, and playgrounds), subject to the following:
i. The decision to do so shall be
made after consultation with the health officer for the county in which the
outdoor public space is located (or, in the case of outdoor public spaces
located in Baltimore City, the Commissioner of Health for Baltimore City) (the
“Local Health Officer”).
ii. The Local Health Officer may
issue such directives or orders as may be necessary to monitor, prevent, reduce
the spread of, and suppress COVID-19 with respect to the use of the outdoor
public space (“Health Officer Directives”).
iii. The political subdivision
must require persons using the outdoor public space to comply with applicable
Secretary’s Directives, applicable Health Officer Directives, and applicable
social distancing guidance published by the U.S. Centers for Disease Control
and Prevention (“CDC”) and the Maryland Department of Health (“MDH”).
d. If a political subdivision
determines that doing so is necessary and reasonable to save lives or prevent
exposure to COVID-19, the political subdivision is hereby authorized to issue
orders that are more restrictive than this Order (“Local Orders”):
i. requiring any businesses,
organizations, establishments, or facilities (except schools) to close or
modify their operations; and/or
ii.
requiring individuals to remain indoors or to refrain from congregating.
e. Local Orders may remain in effect
for so long as the authority granted by paragraph I.d (as it may be amended
from time to time) remains in effect.
The authority granted by paragraph I.d (as it may be amended from time
to time) is in addition to, not in derogation of, any authority of a political
subdivision under its charter, laws, ordinances, or regulations.
II. Social Distancing.
a. It is strongly recommended that all
Marylanders continue following the most current guidance from CDC and MDH
regarding social distancing, including, without limitation, avoidance of large
gatherings and crowded places.
b. The Secretary is hereby authorized
to issue Secretary’s Directives requiring individuals to remain indoors or to
refrain from congregating, as the Secretary deems necessary to monitor, treat,
prevent, reduce the spread of, and suppress COVID-19.
III. Businesses, Organizations,
Establishments, and Facilities That May Be Open.
a. Religious
Facilities. Subject to
applicable Local Orders and Secretary’s Directives, churches, synagogues,
mosques, temples, and other similar religious facilities of any faith in
Maryland (“Religious Facilities”) may open to the general public, provided, however, that the total number
of persons permitted in a Religious Facility at any one time shall not exceed
50% of that Religious Facility’s Maximum Occupancy (defined below).
b. Retail
Establishments and Malls.
i. Subject to applicable Local Orders
and Secretary’s Directives:
1. retail businesses,
organizations, establishments, and facilities in the State of Maryland (“Retail
Establishments”) may open to the general public, provided, however, that the total number of persons permitted in a
Retail Establishment at any one time shall not exceed 50% of that Retail
Establishment’s Maximum Occupancy (defined below); and
2.
shopping centers in the State of Maryland that have one or more enclosed
pedestrian concourses may open to the general public.
ii. All Retail Establishments
shall, in good faith and to the extent possible:
1.
where any queue is expected to form, designate with signage, tape, or by other
means at least six-foot spacing for persons in line;
2. sanitize, or provide customers
with a means to sanitize, handles of carts and baskets that are available to
customers;
3. provide staff and
customers with clean restrooms stocked with soap or sanitizer, and allow staff
to wash their hands at least once every 30 minutes; and
4. post signage at each
entrance advising customers about the requirement to wear Face Coverings
described in paragraph IV.b.
c. Manufacturing. Subject to applicable Local Orders and
Secretary’s Directives, all manufacturing businesses and facilities in Maryland
may open.
d. Personal
Services.
i. Subject to applicable Local
Orders, applicable Secretary’s Directives and paragraph III.d.ii below, the
following establishments in Maryland (“Personal Services Establishments”)
may open to the general public:
1.
beauty salons;
2. barber shops;
3. tattoo parlors;
4. tanning salons;
5. massage parlors; and
6. establishments that
provide esthetic services or provide nail technician services (as described in
Title 5 of the Business Occupations Article of the Maryland Code);
ii.
All Personal Services Establishments shall:
1. provide services on an
appointment basis only;
2. not allow the number of
persons in the Personal Services Establishment to exceed 50% of the Personal
Services Establishment’s Maximum Occupancy (defined below); and
3. after providing services
to each customer, clean and disinfect the area in which services were performed
in accordance with applicable guidance from the CDC and MDH.
e. Other
Recreational Establishments.
i. Subject to applicable Local
Orders and Secretary’s Directives, the following establishments in Maryland may
open to the general public:
1. golf courses and driving
ranges;
2. outdoor archery and
shooting ranges;
3.
marinas and watercraft rental businesses;
4. campgrounds;
5. horse boarding and riding
facilities;
6. drive-in movie theaters;
7. outdoor swimming pools;
8. outdoor day camps;
9. tour boats;
10. amusement parks;
11. miniature golf
establishments;
12. go-kart tracks; and
13. the outdoor areas of any
other establishments that are subject to the admission and amusement tax under
Title 4 of the Tax-General Article of the Maryland Code.
ii. Subject to applicable Local
Orders and Secretary’s Directives, the following establishments in Maryland (“Indoor
Recreation Establishments”) may open to the general public:
1. bingo halls;
2. bowling alleys;
3. pool halls;
4. roller and ice skating
rinks;
5. social and fraternal clubs
(including without limitation, American Legion posts, VFW posts, and Elks
Clubs) (“Social Clubs”); and
6. the indoor areas of any
other establishments that are subject to the admission and amusement tax under
Title 4 of the Tax-General Article of the Maryland Code;
provided,
however, that the total
number of persons permitted in an Indoor Recreation Establishment at any one
time shall not exceed 50% of that Indoor Recreation Establishment’s Maximum
Occupancy (defined below).
f. Foodservice
Establishments.
i. Subject to applicable Local
Orders, applicable Secretary’s Directives, and paragraph III.f.ii below, (a)
restaurants, bars, nightclubs, banquet and catering halls, and other similar
establishments that sell and/or serve food or beverages for consumption
on-premises in Maryland, and (b) Social Clubs with dining facilities
(collectively, “Foodservice Establishments”) may, to the extent
permitted by applicable law:
1. serve food and beverages
to customers for consumption in outdoor seating areas;
2. sell food and beverages
that are promptly taken from the premises, i.e., on a carry-out or
drive-through basis;
3. deliver food and beverages
to customers off the premises; and
4. serve food and beverages
to customers for consumption in indoor seating areas.
ii. Foodservice Establishments
shall:
1. not allow the number of
persons in the Foodservice Establishment to exceed 50% of the Foodservice
Establishment’s Maximum Occupancy (defined below);
2. not serve food in a buffet
format;
3. not serve customers who
are not seated;
4. clean and disinfect each
table between each seating in accordance with CDC and MDH guidelines, using
cleaning products that meet the criteria of the U.S. Environmental Protection
Agency for use against COVID-19; and
5. not be open to the public
between the hours of 10:00 p.m. and 6:00 a.m.; provided, however, that during such hours Foodservice
Establishments may continue to (a) sell food and beverages that are promptly
taken from the premises (i.e., on a carry-out or drive-through basis), and (b)
deliver food and beverages to customers off the premises; and provided further, that this paragraph
III.f.ii.5 shall cease to be effective at 12:01 a.m. on February 1, 2021.
iii. As used in this paragraph
III.f:
1. the term “indoor seating
area” means a portion of a Foodservice Establishment that is an indoor area, as
defined in COMAR 10.19.04.02.B(9); and
2. the term “outdoor seating
area” means a portion of a Foodservice Establishment that is not an indoor
seating area.
g. Fitness
Centers. Subject to applicable
Local Orders and Secretary’s Directives, fitness centers, health clubs, health
spas, gyms, aquatic centers, and self-defense schools in Maryland (“Fitness
Centers”) may open to the general public; provided, however, that the total number of persons permitted in a
Fitness Center at any one time shall not exceed 50% of that Fitness Center’s
Maximum Occupancy (defined below).
h. Casinos,
Racetracks, and Simulcast Betting Facilities.
i. Subject to applicable Local
Orders, Secretary’s Directives, and paragraph III.h.iii below, the following
establishments (“Gaming Facilities”) may open to the general public:
1. MGM National Harbor;
2. Live! Casino & Hotel;
3. Horseshoe Casino
Baltimore;
4. Hollywood Casino
Perryville;
5. Ocean Downs Casino;
6. Rocky Gap Casino Resort;
and
7. all simulcast betting
facilities in the State, to the extent not otherwise included in the buildings
and premises listed above.
ii. Subject to applicable Local
Orders, Secretary’s Directives, and paragraph III.h.iv below, the following
establishments (“Racing Facilities”) may open to the general public:
1. Laurel Park;
2. Pimlico Race Course;
3. Timonium Race Course;
4. Fair Hill Races;
5. Rosecroft Raceway; and
6. Ocean Downs.
iii. The total number of persons
permitted in a Gaming Facility at any one time shall not exceed 50% of that
Gaming Facility’s Maximum Occupancy (defined below).
iv. The total number of persons
permitted in a Racing Facility at any one time shall not exceed the lesser of
(a) 50% of that Racing Facility’s Maximum Occupancy (defined below), or (b) 250
persons.
i. Other
Businesses. Except as otherwise
closed by this Order or any other Order of the Governor of the State of
Maryland, subject to applicable Local Orders and Secretary’s Directives,
businesses, organizations, establishments, and facilities that are not
part of the critical infrastructure sectors identified by the U.S. Department
of Homeland Security’s Cybersecurity and Infrastructure Security Agency
(currently described at https://www.cisa.gov/identifying-critical-infrastructure-during-covid-19)
may open to the general public.
j. Theaters,
Outdoor Entertainment and Sporting Venues. Subject to applicable Local Orders and
Secretary’s Directives:
i. theatres in Maryland at which
live performances occur or motion pictures are shown indoors (“Indoor
Theaters”) may open to the general public; provided, however, that the total number of persons permitted in an
Indoor Theater at any one time (per individual auditorium or performance stage)
shall not exceed the lesser of (i) 50% of that Indoor Theater’s Maximum
Occupancy (defined below), or (ii) 100 persons;
ii. venues in Maryland at which
live performances occur or motion pictures are shown outdoors, and at which
entry is limited to ticketed customers (“Outdoor Entertainment Venues”),
may open to the general public; provided,
however, that the total number of persons permitted in an Outdoor
Entertainment Venue at any one time shall not exceed the lesser of (A) 50% of
that Outdoor Entertainment Venue’s Maximum Occupancy (defined below), or (B)
250 persons; and
iii. outdoor venues at which
sporting events occur (including, without limitation, major league,
professional, minor league, semi-professional, amateur, recreational, motor
sports, and collegiate sporting events) (“Outdoor Sporting Venues”), may
open to the general public, provided,
however, that the total number of persons permitted in an Outdoor Sporting
Venue at any one time shall not exceed the lesser of (A) 50% of that Outdoor
Sporting Venue’s Maximum Occupancy (defined below), or (B) 250 persons.
k. Maximum
Occupancy; Indoor vs. Outdoor.
i. With respect to a Religious
Facility, Retail Establishment, Foodservice Establishment, Fitness Center,
Gaming Facility, Racing Facility, Indoor Recreation Establishment, Personal
Services Establishment, Indoor Theater, Outdoor Entertainment Venue, or Outdoor
Sporting Venue (a “Facility”), “Maximum Occupancy” means:
1. The maximum occupancy load
of the Facility under the applicable fire code, as set forth on a certificate
issued for the Facility by a local fire code official; or
2. If no such certificate has
been issued for the Facility by the local fire code official, the maximum
occupancy of the Facility pursuant to applicable laws, regulations, and permits.
ii. As used herein:
1.
the term “indoor area” has the meaning provided in COMAR 10.19.04.02.B(9); and
2. the term “outdoor area”
means an area that is not an indoor area.
l. Operating
Requirements. All businesses,
organizations, establishments, and facilities in Maryland shall comply with:
i. applicable Local Orders;
ii. applicable Secretary’s
Directives;
iii. applicable social distancing
guidance published by CDC and MDH; and
iv. orders issued by the
applicable Local Health Officer pursuant to the Order of the Governor of the
State of Maryland Number 20-04-05-02, dated April 5, 2020, entitled “Delegating
Authority to Local Officials to Control and Close Unsafe Facilities”, as it may
be amended from time to time.
IV. Face Coverings.
a. Definitions. As used herein:
i. “Face Covering” means a
covering that fully covers a person’s nose and mouth and is secured to the
person’s head, but is not a Medical-Grade Mask.
The term “Face Covering” includes, without limitation, scarves,
bandanas, and plastic full-face shields.
ii. “Medical-Grade Mask” means an
N95, KN95, surgical, or other mask that would be appropriate for a health care
setting.
iii. “Public Transportation” means
shared-ride surface transportation services that are open to the general
public, including without limitation, taxi services, ride-sharing services, car
services, transit services provided by any other unit of the State or any
political subdivision, and all related stations and platforms. Examples of Public Transportation include,
but are not limited to MTA bus service, MARC train service, Light Rail train
service, MTA Metro subway service, and Mobility and Paratransit services.
b.
Requirement to Wear Face Coverings.
i. Except as provided in paragraph
IV.c, all persons in Maryland over the age of five (5) years old are required
to wear a Face Covering when they are:
1.
in or on any Public Transportation;
2. indoors at any location
where members of the public are generally permitted, including without
limitation, Religious Facilities, Retail Establishments, Foodservice
Establishments, Fitness Centers, Gaming Facilities, the indoor portions of
Racing Facilities, Indoor Recreation Establishments, Personal Services
Establishments, and Indoor Theaters;
3.
at any Outdoor Sporting Venue or Outdoor Entertainment Venue;
4.
outdoors at any location other than an Outdoor Sporting Venue or Outdoor
Entertainment Venue, and unable to consistently maintain at least six feet of
distance from individuals who are not members of their household;
5. obtaining healthcare
services, including without limitation, in offices of physicians and dentists,
hospitals, pharmacies, and laboratories; and
6. engaged in work in any
area where:
a.
interaction with others is likely, including without limitation, in shared
areas of commercial offices; or
b. food is prepared or
packaged.
ii. Single-use Face Coverings
shall be properly discarded in trash receptacles. It is recommended that all reusable
Face Coverings be cleaned frequently (at least once per day).
iii. Wearing a Medical-Grade Mask
satisfies any requirement in paragraph IV.b.i to wear a Face Covering, but all
Marylanders are urged to reserve Medical-Grade Masks for use by health care
workers and first responders.
c.
Exceptions. Paragraph IV.b.i does not require persons to
wear Face Coverings:
i. if, due to a bona fide
disability or medical condition, it would be unsafe for the person to do so;
ii. to the extent wearing a Face
Covering would impede communication by or with persons who have a hearing
impairment or other disability, where the ability to see the mouth is essential
for communication;
iii. if wearing a Face Covering
would subject the person to an unsafe working condition, as determined by
federal, state, or local occupational safety regulators or workplace safety
guidelines;
iv. to the extent wearing a Face
Covering would make it impossible to receive services requiring access to the
face, mouth, or head, including without limitation, dental care, shaving, and
facial treatments;
v. while consuming food or
beverages;
vi. while swimming or engaging in
other physical activities where the use of a Face Covering is likely to pose a
bona fide safety risk;
vii.
while operating any Public Transportation conveyance, provided that the person
is (1) the sole operator of the conveyance, and (2) located in a separate
compartment that is off-limits to riders; or
viii. to the extent it is
necessary to observe the person’s entire face to verify such person’s identity
for bona fide security purposes.
V. Businesses, Organizations,
Establishments, and Facilities Required to Close.
a. Senior
Centers. All senior citizen
activities centers (as defined in Section 10-501(i) of the Human Services
Article of the Maryland Code) shall remain closed.
b. Minimal
Operations. Staff and owners may
continue to be on-site at any business, organization, establishment, or
facility that is required to be closed pursuant to this Order for only the
following purposes:
i. Facilitating remote working
(a/k/a/ telework) by other staff;
ii. Maintaining essential
property;
iii. Preventing loss of, or damage
to property, including without limitation, preventing spoilage of perishable
inventory;
iv. Performing essential
administrative functions, including without limitation, picking up mail and
processing payroll; and
v. Caring for live animals.
c. Closure
By Other Order. All businesses,
organizations, establishments, and facilities that are required to close
pursuant to any other Order of the Governor of the State of Maryland or any
other Order of a political subdivision, shall be and remain closed in
accordance with such other Order, as the case may be.
VI. Government Buildings and Facilities
with Large Occupancy or Attendance.
a. State and local government
buildings and facilities with an expected occupancy or attendance of more than
10 people shall:
i. Promptly and conspicuously post
in the building or facility a copy of the MDH recommendations for social
distancing; and
ii. Provide all occupants and
attendees with the capability to wash their hands.
b. A copy of this Order shall be made
available to all occupants or attendees at any State or local government building
and facility with an expected occupancy or attendance of more than 10 people.
VII. General Provisions.
a. Each law enforcement officer of the
State or a political subdivision shall execute and enforce this Order and any
Local Order.
b. A person who knowingly and
willfully violates this Order or any Local Order is guilty of a misdemeanor and
on conviction is subject to imprisonment not exceeding one year or a fine not
exceeding $5,000 or both.
c. This Order remains effective until
after termination of the state of emergency and the proclamation of the
catastrophic health emergency has been rescinded, or until rescinded,
superseded, amended, or revised by additional orders.
d. The effect of any statute, rule, or
regulation of an agency of the State or a political subdivision inconsistent
with this order is hereby suspended to the extent of the inconsistency.
e. The underlined paragraph headings
in this Order are for convenience of reference only and shall not affect the
interpretation of this Order.
ISSUED under my hand this 28th day of January, 2021.
LAWRENCE J. HOGAN, JR.
Governor
[21-06-38]
ORDER OF THE GOVERNOR OF THE STATE OF MARYLAND
NUMBER 21-01-28-02
Facilitating Meetings of
Stockholders of Maryland Corporations and Meetings of Shareholders of Maryland
Real Estate Investment Trusts by Remote Communication
WHEREAS, A state of
emergency and catastrophic health emergency was proclaimed on March 5, 2020 and
renewed on March 17, April 10, May 6, June 3, July 1, July 31, August 10,
September 8, October 6, October 29, November 25, and December 23, 2020, and
January 21, 2021, to control and prevent the spread of COVID-19 within the
state, and the state of emergency and catastrophic health emergency still
exists;
WHEREAS, COVID-19, A
respiratory disease that spreads easily from person to person and may result in
serious illness or death, is a public health catastrophe and has been confirmed
throughout Maryland and in many other places around the world;
WHEREAS, To reduce
the spread of and exposures to COVID-19, the U.S. Centers for Disease Control
and Prevention and the Maryland Department of Health, consistent with the
currently known and available scientific evidence and best practices, recommend
social distancing;
WHEREAS, It is
necessary and reasonable to prevent the transmission of the novel coronavirus
in the state, and save lives, for individuals to refrain from congregating;
WHEREAS, Maryland
corporations and/or Maryland real estate investment trusts may have provided
notice of annual or special meetings of stockholders or shareholders to be held
at a physical location prior to the time when the public health threat of
COVID-19 became fully apparent;
WHEREAS, Maryland
electric cooperatives may be required by law to hold an annual member meeting
with a quorum of members present in person; and
WHEREAS, To avoid
having individuals congregating at meetings of stockholders of Maryland
corporations, meetings of shareholders of Maryland real estate investment
trusts, and meetings of members of Maryland electric cooperatives, it is
necessary and reasonable to allow such meetings to occur using remote
communications;
NOW, THEREFORE, I,
LAWRENCE J. HOGAN, JR., GOVERNOR OF THE STATE OF MARYLAND, BY VIRTUE OF THE
AUTHORITY VESTED IN ME BY THE CONSTITUTION AND LAWS OF MARYLAND, INCLUDING BUT
NOT LIMITED TO TITLE 14 OF THE PUBLIC SAFETY ARTICLE, AND IN AN EFFORT TO
CONTROL AND PREVENT THE SPREAD OF COVID-19 WITHIN THE STATE, DO HEREBY ORDER:
I. The Order of the Governor of the State
of Maryland number 20-04-14-02, dated April 14, 2020, entitled “Facilitating
Meetings of Stockholders of Maryland Corporations and Meetings of Shareholders
of Maryland Real Estate Investment Trusts By Remote Communication”, is amended
and restated in its entirety as set forth herein.
II. Definitions. As used herein:
a. “CA” means the Corporations and
Associations Article of the Maryland Code.
b. “Maryland electric cooperative”
means a corporation organized under CA § 5-601, which is subject to the meeting
quorum requirements of CA § 5-618.
c. “Publicly-traded Maryland company”
means a corporation incorporated under the Maryland General Corporation Law or
a real estate investment trust formed under Title 8 of CA, in each case that is
subject to the reporting requirements of Section 13(a) or Section 15(d) of the
federal Securities Exchange Act of 1934, as amended.
d. “Shareholders” means the
stockholders or shareholders of a publicly-traded Maryland company.
e. “Shareholders’ meeting” means an
annual or special meeting of shareholders of a publicly-traded Maryland
company.
III. Remote Meetings – Corporations and
Real Estate Investment Trusts.
a. Notwithstanding any provision of
its charter, declaration of trust, or bylaws, a publicly-traded Maryland
company may do the following, subject to the conditions in paragraph III.b
below:
i. change a shareholders’ meeting
noticed for a physical location to be a meeting conducted solely or in part by
remote communication; and/or
ii. postpone or adjourn a
shareholders’ meeting noticed for a physical location or by remote
communication to another date or time, whether to be held in person or solely
or in part by remote communication.
b. A publicly-traded Maryland company
may change, postpone, or adjourn a shareholders’ meeting pursuant to paragraph
III.a above if:
i. the board of directors or
trustees of the publicly-traded Maryland company determines that, as a result
of the public health threat caused by COVID-19, it is reasonable, prudent, and
advisable to do so; and
ii. the publicly-traded Maryland
company notifies its shareholders of the change, postponement, or adjournment
by (a) publicly filing a document with the U.S. Securities and Exchange
Commission; and (b) a press release, which shall be promptly posted on the
publicly-traded Maryland company’s website after release.
IV. Remote Meetings – Maryland Electric
Cooperatives
a. Notwithstanding any provision of
its articles of incorporation or bylaws, a Maryland electric cooperative may do
the following, subject to the conditions in paragraph IV.b below:
i.
change a members’ meeting noticed for a physical location to be a meeting
conducted solely or in part by remote communication; and/or
ii.
postpone or adjourn a members’ meeting noticed for a physical location or by
remote communication to another date or time, whether to be held in person or
solely or in part by remote communication.
b. A Maryland electric cooperative may
change, postpone, or adjourn a shareholders’ meeting pursuant to paragraph IV.a
above if:
i.
the board of directors of the Maryland electric cooperative determines that, as
a result of the public health threat caused by COVID-19, it is reasonable,
prudent and advisable to do so; and
ii. the Maryland electric
cooperative notifies its members of the change, postponement, or adjournment by
a press release, which shall be promptly posted on the Maryland electric
cooperative’s website after release.
V. Suspension of Certain Statutes. Without limiting the generality of paragraph
V.b below:
a.
Sections 2-502.1, 2-503, 2-504 and 2-511 of the Maryland General Corporation
Law and CA § 8-202(b)(1)(iv) are suspended, to the extent necessary to give
full effect to paragraph III above;
b.
CA §§ 5-616, 5-617, and 5-618 are suspended, to the extent necessary to give
full effect to paragraph IV above; and
c. Section 2-503(b)(2) of the Maryland
General Corporation Law is suspended.
VI. General Provisions.
a. This Order remains effective until
the state of emergency has been terminated and the proclamation of the
catastrophic health emergency has been rescinded, or until rescinded,
superseded, amended, or revised by additional orders.
b. The effect of any statute, rule, or
regulation of an agency of the State or a political subdivision inconsistent
with this order is hereby suspended to the extent of the inconsistency.
c. The underlined paragraph headings
in this Order are for convenience of reference only and shall not affect the
interpretation of this Order.
d. If any provision of this Order or
its application to any person, entity, or circumstance is held invalid by any
court of competent jurisdiction, all other provisions or applications of the
Order shall remain in effect to the extent possible without the invalid
provision or application. To achieve this purpose, the provisions of this Order
are severable.
ISSUED under my hand this 28th day of January, 2021, and effective
immediately.
LAWRENCE J. HOGAN, JR.
Governor
[21-06-39]
Renewal of Declaration of State
of Emergency and Existence of Catastrophic Health Emergency — COVID-19
WHEREAS, On March 5,
2020, a state of emergency and catastrophic health emergency was, pursuant to
the Maryland Constitution and Laws of Maryland, including but not limited to
Title 14 of the Public Safety Article, and in an effort to control and prevent
the spread of COVID‑19, proclaimed within the entire State of Maryland;
WHEREAS, COVID-19 is
a highly infectious respiratory disease that spreads easily from person to
person, physically contaminates property by attaching to surfaces for prolonged
periods of time, and may result in serious illness or death;
WHEREAS, COVID-19 is
a public health catastrophe and has been confirmed in all Maryland counties;
WHEREAS, Rates of
COVID-19 infection continue to rise in all 50 states and the risk of further
spread back to Maryland remains high;
WHEREAS, COVID-19
infection outbreaks continue to occur in Maryland through community
transmission and because of travelers returning from out-of-state;
WHEREAS, Since the
declaration of a state of emergency and existence of a catastrophic health
emergency on March 5, 2020, there have been more than 372,000 laboratory‑confirmed
positive COVID-19 cases and more than 7,000 related deaths in Maryland, with
increases in new confirmed cases daily;
WHEREAS, The
proclamation declaring the emergencies was renewed on March 17, 2020,
April 10, 2020, May 6, 2020, June 3, 2020, July 1, 2020, July 30, 2020,
August 10, 2020, September 8, 2020, October 6, 2020, October 29,
2020, November 25, 2020, December 23, 2020, and January 21, 2021;
WHEREAS, The spread
of COVID-19 in the state continues to pose an immediate threat to all
Marylanders of extensive loss of life or serious disability;
WHEREAS, The
emergency conditions, state of emergency, and catastrophic health emergency
continue to exist;
WHEREAS, All levels
of government in Maryland must deploy resources to protect public health and
safety;
WHEREAS, Continued
emergency response by the State is needed to maintain and further progress
through the Maryland Strong: Roadmap for Recovery, including expanding COVID‑19
testing capacity, maintaining adequate patient surge capacity, supplying
sufficient personal protective equipment, and executing a robust
contact-tracing operation, and preparing for the deployment and administration
of potential COVID-19 vaccines; and
WHEREAS, To reduce
the spread of COVID-19, the U.S. Centers for Disease Control and Prevention and
the Maryland Department of Health recommend the use of face coverings in public
settings to the extent possible, continued social distancing, and avoiding
large gatherings;
NOW, THEREFORE, I,
LAWRENCE J. HOGAN, JR., GOVERNOR OF THE STATE OF MARYLAND, BY VIRTUE OF THE
AUTHORITY VESTED IN ME BY THE MARYLAND CONSTITUTION AND THE LAWS OF MARYLAND,
INCLUDING BUT NOT LIMITED TO TITLE 14 OF THE PUBLIC SAFETY ARTICLE, AND IN AN
EFFORT TO CONTROL AND PREVENT THE SPREAD OF COVID‑19 WITHIN THE STATE,
HEREBY DECLARE THAT A STATE OF EMERGENCY AND CATASTROPHIC HEALTH EMERGENCY
CONTINUES TO EXIST WITHIN THE ENTIRE STATE OF MARYLAND, RENEW THE
MARCH 5, 2020, PROCLAMATION, AND FURTHER PROVIDE AND ORDER, EFFECTIVE
IMMEDIATELY:
Health care providers who act in good faith
under this catastrophic health emergency proclamation, including orders issued
under the proclamation by the Governor and by other State officials acting at
the direction of or under delegated authority from the Governor, have the
immunity provided by § 14-3A-06 of the Public Safety Article of the Maryland
Code.
GIVEN Under My Hand and the Great Seal of the State of Maryland in the
City of Annapolis, this 19th day of February, 2021.
LAWRENCE J. HOGAN, JR.
Governor
ATTEST:
JOHN C. WOBENSMITH
Secretary of State
[21-06-40]
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
HB1353 Del Cox. Frederick County - Small Business Property
Tax Credit - Municipal Corporations.
HB1354 Del Dumais. Courts – COVID–19 – Statutory Deadlines.
HB1355 Del Griffith. Primary and Secondary Education – Repeating
Previous Grade Level – Authorization (Education Recovery Act of 2021).
HB1356 Del Barve. Blue Ribbon Solar Land Use Commission.
HB1357 Del Clark. Calvert County Board of Education - Public
Meetings - Public Comment.
HB1358 Del Rogers. Veterans Affairs – Office of Communications
and Public Affairs – Veterans Advocacy and Education Act.
HB1359 Wicomico County
Delegation. Wicomico County – Alcoholic
Beverages – Class A Beer, Wine, and Liquor Licenses.
HB1360 Del Holmes. State Government - Notarial Acts - Fees.
HB1361 Del P. Young. Procurement - Information Technology -
Cloud-Based Virtual Desktop Infrastructure.
HB1362 Chr ECM (Dept). Clean and Renewable Energy Standard (CARES).
[21-06-25]
Senate Bills
SB0937 Sen Ellis. Housing and Community Development – Mortgage,
Down Payment, and Settlement Expense Assistance.
SB0938 Sen Peters. Health Occupations - Service Members,
Veterans, and Military Spouses - Temporary Licensure, Certification, and
Registration.
SB0939 Charles County
Senators. Charles County - Citizens
Complaint Oversight Board.
SB0940 Sen Feldman. Public Safety - Fire Prevention Codes and
Maryland Building Performance Standards - Solar Energy Generating Systems.
SB0941 Sen Reilly. Primary and Secondary Education – Virtual
Schools – Alterations.
SB0942 Sen Peters. Corporations and Associations - Fees for
Processing Articles of Dissolution, Certificates of Cancellation, and Other
Documents - Repeal.
SB0943 Sen Guzzone. University of Maryland Strategic Partnership
Act of 2016 - Appropriations and Degree and Credential Programs - Alterations.
SB0944 Sen Simonaire. Anne Arundel County - Alcoholic Beverages
Licenses - Annual Fees.
SB0945 Sen Bailey. Calvert County Board of Education - Public
Meetings - Public Comment.
SB0946 Sen Bailey. Historic St. Mary's City Fort to 400
Commission.
SB0947 Sen Hershey. Labor and Employment – General Contractor
Liability – Applicability.
SB0948 Sen Klausmeier
(Dept). Veterans Affairs – Office of
Communications and Public Affairs – Veterans Advocacy and Education Act.
[21-06-26]
Chapters
CH0039 SB0496 (Enrolled) The Pres (Admin), et al. Recovery for the Economy, Livelihoods,
Industries, Entrepreneurs, and Families (RELIEF) Act..
[21-06-23]
This is to certify that by an Order of the Court of Appeals dated January 4, 2021, JONATHAN FREDERICK SEAMON LOVE (CPF # 0102280001), 300 New Jersey Avenue, NW, Suite 900, Washington, DC 20001, has been indefinitely suspended by consent, effective February 19, 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 February 4, 2021, MICHAEL SCOTT BIRCH (CPF # 7512010033), 24 East Pennsylvania Avenue, Bel Air, Maryland 21014, has been disbarred by consent, effective February 25, 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).
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, §§4-215 and 4-803, Annotated Code of Maryland
Notice of Final Action
[21-010-F]
On March 2, 2021, the Secretary of Natural Resources adopted amendments to Regulations .03, .07, .10, .13, and .14 under COMAR 08.02.03 Blue Crabs. This action, which was proposed for adoption in 48:2 Md. R. 51—53 (January 15, 2021), has been adopted as proposed.
Effective Date: March 22, 2021.
JEANNIE HADDAWAY-RICCIO
Secretary of Natural Resources
Subtitle 02 FISHERIES SERVICE
08.02.19 Nuisance and Prohibited Species
Authority: Natural Resources Article, §4-205.1, Annotated Code of Maryland
Notice of Final Action
[21-019-F]
On March 2, 2021, the Secretary of Natural Resources adopted amendments to Regulation .04 and the repeal of Regulation .08 under COMAR 08.02.19 Nuisance Species. This action, which was proposed for adoption in 48:2 Md. R. 55 (January 15, 2021), has been adopted as proposed.
Effective Date: March 22, 2021.
JEANNIE HADDAWAY-RICCIO
Secretary of Natural Resources
Subtitle 18 BOATING—SPEED LIMITS AND OPERATION OF VESSELS
Authority: Natural Resources Article, §§8-703 and 8-704, Annotated Code of Maryland
Notice of Final Action
[21-017-F]
On March 2, 2021, the Secretary of Natural Resources adopted amendments to Regulation .04 under COMAR 08.18.01 General. This action, which was proposed for adoption in 48:2 Md. R. 56 (January 15, 2021), has been adopted as proposed.
Effective Date: March 22, 2021.
JEANNIE HADDAWAY-RICCIO
Secretary of Natural Resources
Title 09
MARYLAND DEPARTMENT OF LABOR
Subtitle 22 BOARD OF COSMETOLOGISTS
Authority: Business Occupations and Professions Article, Title 5, Annotated Code of Maryland
Notice of Final Action
[20-204-F]
On March 1, 2021, the Board of Cosmetologists adopted amendments to Regulation .11 under COMAR 09.22.01 General Regulations. This action, which was proposed for adoption in 47:26 Md. R. 1110 (December 18, 2020), has been adopted as proposed.
Effective Date: March 22, 2021.
RACHEL ALLEN
Chair
Board of Cosmetologists
Title 11
DEPARTMENT OF TRANSPORTATION
Subtitle 04 STATE HIGHWAY ADMINISTRATION
11.04.17 Heavy Weight Port Corridor Permit
Authority: Transportation Article, §§ 2-103(b), 4-204, 4-205(f), 8-204(b)—(d) and (i), 24-109, 24-112, 24-113, and 24.113.3, Annotated Code of Maryland
Notice of Final Action
[20-199-F]
On February 4, 2021, the Administrator of the State Highway Administration adopted amendments to Regulation .04 under COMAR 11.04.17 Heavy Weight Port Corridor Permit. This action, which was proposed for adoption in 47:25 Md. R. 1077—1078 (December 4, 2020), has been adopted as proposed.
Effective Date: March 22, 2021.
TIM SMITH
Administrator
State Highway Administration
Title 13A
STATE BOARD OF EDUCATION
13A.04.02 Secondary School Career and Technical Education
Authority: Education Article, §§2-205(h) and 21-201—21-203, Annotated Code of Maryland
Notice of Final Action
[21-007-F]
On February 23, 2021, the Maryland State Board of Education adopted amendments to Regulations .01—.06 under COMAR 13A.04.02 Secondary School Career and Technical Education. This action, which was proposed for adoption in 48:1 Md. R. 17—18 (January 4, 2021), has been adopted as proposed.
Effective Date: March 22, 2021.
KAREN B. SALMON, Ph.D.
State Superintendent of Schools
Subtitle 04 SPECIFIC SUBJECTS
13A.04.10 Program of Instruction in Career Development for College and Career Readiness
Authority: Education Article, §2-205, Annotated Code of Maryland
Notice of Final Action
[21-008-F-I]
On February 23, 2021, the Maryland State Board of Education adopted amendments to Regulations .01 and .02 under COMAR 13A.04.10 Program of Instruction in Career Development for College and Career Readiness. This action, which was proposed for adoption in 48:1 Md. R. 18—19 (January 4, 2021), has been adopted as proposed.
Effective Date: March 22, 2021.
KAREN B. SALMON, Ph.D.
State Superintendent of Schools
Subtitle 22 COMMISSION ON CRIMINAL SENTENCING POLICY
Authority: Criminal Procedure Article, §6-211, Annotated Code of Maryland
Notice of Final Action
[21-016-F]
On March 2, 2021, the Maryland State Commission on Criminal Sentencing Policy adopted amendments to Regulations .02, .07, and .17 under COMAR 14.22.01 General Regulations. This action, which was proposed for adoption in 48:2 Md. R. 62—63 (January 15, 2021), has been adopted as proposed.
Effective Date: April 1, 2021.
DAVID SOULE
Executive Director
Title 16
DEPARTMENT OF JUVENILE SERVICES
16.16.01 Probation and Aftercare Services and Procedures
Authority: Human Services Article, §9-204, Annotated Code of Maryland
Notice of Final Action
[20-202-F]
On February 11, 2021, the Secretary of Juvenile Services adopted amendments to Regulation .03 under COMAR 16.16.01 Probation and Aftercare Services and Procedures. This action, which was proposed for adoption in 47:26 Md. R. 1114 (December 18, 2020), has been adopted as proposed.
Effective Date: March 22, 2021.
SAM J. ABED
Secretary of Juvenile Services
WATER AND SCIENCE ADMINISTRATION
Water Quality
Certification 19-WQC-0027
A&S Smith Development, Inc.
48 South River Rd South
Edgewater, MD 21037
Add’l.
Info: Pursuant to COMAR
26.08.02.10F(3)(c), The Maryland Department of the Environment is providing
notice of its issuance of a Water Quality Certification 19-WQC-0027.
Location:
Breezy Point Marina, 5230
Breezy Point Road, Chesapeake Beach, MD 20732, on the Chesapeake Bay. The
purpose of the project is to improve navigable access. To mechanically or hydraulically maintenance
dredge the 1100-foot long by 30-foot wide entrance channel to a depth of 5 feet
at mean low water; to transport 6960 cubic yards of dredged material to an
approved upland disposal site located onsite; and to provide for periodic
maintenance dredging for six years.
The
WQC and its attachments may be viewed at the following link:
https://mde.maryland.gov/programs/Water/WetlandsandWaterways/Pages/WQC.aspx
Appeal
of Final Decision. This Water Quality Certification is a final agency decision.
Any person aggrieved by the Department’s decision to issue this WQC may appeal
such decision in accordance with COMAR 26.08.02.10F(4). A request for appeal
shall be filed with the Department within 30 days of publication of the final
decision and specify in writing the reason why the final decision should be
reconsidered. A request for appeal shall be submitted to: Secretary of the
Environment, Maryland Department of the Environment, 1800 Washington Boulevard,
Baltimore, MD 21230. Any request for an appeal does not stay the effectiveness
of this WQC.
Contact: Melissa McCanna at
Melissa.mccanna@maryland.gov or 410-537-4053.
[21-06-28]
WATER
AND SCIENCE ADMINISTRATION
Water Quality Certification 19-WQC-0028
Baltimore City Department of Transportation
417 E Fayette St
Baltimore, MD 21202
Add’l. Info: Pursuant to COMAR 26.08.02.10F(3)(c), The
Maryland Department of the Environment is providing notice of its issuance of a
Water Quality Certification 19-WQC-0028
Location: Patapsco
River, between Lancaster Street and Federal Hill to the North and between
Harbor Point and Pierside Dr to the South. In Baltimore, MD
The purpose of the project is
to improve navigable access to Inner Harbor. This dredging will accommodate the
tall ships that are expected to enter the Inner Harbor during Fleet Week and
contribute to improvements in water quality. Mechanically maintenance dredge an
approximately 900-foot long by 250-foot wide channel to a depth of 26 feet
below mean low water and to transport and deposit approximately 27,730 cubic
yards of dredged material to Masonville or Cox Creek DMCF.
The WQC and its attachments
may be viewed at the following link: https://mde.maryland.gov/programs/Water/WetlandsandWaterways/Pages/WQC.aspx
Appeal of Final Decision. This
Water Quality Certification is a final agency decision. Any person aggrieved by
the Department’s decision to issue this WQC may appeal such decision in
accordance with COMAR 26.08.02.10F(4). A request for appeal shall be filed with
the Department within 30 days of publication of the final decision, and specify
in writing the reason why the final decision should be reconsidered. A request
for appeal shall be submitted to: Secretary of the Environment, Maryland
Department of the Environment, 1800 Washington Boulevard, Baltimore, MD 21230.
Any request for an appeal does not stay the effectiveness of this WQC.
Contact: Matt Wallach
at matthew.wallach@maryland.gov or at 410-537-3527
[21-06-29]
WATER
AND SCIENCE ADMINISTRATION
Water Quality Certification 19-WQC-0029
Tradepoint Atlantic (TPA)
1600 Sparrows Point BLVD
Sparrows Piont, MD 21219
Add’l. Info: Pursuant to COMAR 26.08.02.10F(3)(c), The
Maryland Department of the Environment is providing notice of its issuance of a
Water Quality Certification 19-WQC-0029
Location: The project
is located on the Patapsco River, Sparrows Point Terminal, 1600 Sparrows Point
Boulevard, Baltimore County MD.
The purpose of the project is
to improve navigable access to the Sparrows Point Terminal and contribute to
improvements in water quality.
Reauthorize an existing Wetland License for mechanical dredging to
restore operational depths of existing ship berthing and access channel areas
connecting to the Patapsco River. Obtain
up to 100 offshore sediment borings within the approach channels, turning
basin, berthing area and adjacent areas for geotechnical investigation and
material analysis. Mechanically Maintenance dredge a 4,210-foot long by 800-foot
wide (53.6 acres) access channel and berthing area to a depth of 47 feet below
mean low water. Maintenance dredge 4,465-foot long by 250 to 300-foot wide
(29.6 acres) approach channel to a depth of 42 feet below mean low water.
Maintenance dredge a 1,975-foot long by 2,550-foot wide (48.1 acres) turning
basin and berthing area to a depth of 42 feet below mean low water. Transport
via barge approximately 800,000 total cubic yards of dredged material to the
Masonville or Cox Creek Dredged Material Containment Facility. Provide periodic maintenance dredging over a
six year period.
The WQC and its attachments
may be viewed at the following link:
https://mde.maryland.gov/programs/Water/WetlandsandWaterways/Pages/WQC.aspx
Appeal of Final Decision. This
Water Quality Certification is a final agency decision. Any person aggrieved by
the Department’s decision to issue this WQC may appeal such decision in
accordance with COMAR 26.08.02.10F(4). A request for appeal shall be filed with
the Department within 30 days of publication of the final decision, and specify
in writing the reason why the final decision should be reconsidered. A request
for appeal shall be submitted to: Secretary of the Environment, Maryland
Department of the Environment, 1800 Washington Boulevard, Baltimore, MD 21230.
Any request for an appeal does not stay the effectiveness of this WQC.
Contact: Matt Wallach
at matthew.wallach@maryland.gov or at 410-537-3527
[21-06-30]
WATER AND SCIENCE ADMINISTRATION
Water Quality Certification 20-WQC-0028
Virginia McHugh, c/o Stephen Peterson
1635-2 Woodside Dr.
Add’l.
Info: Pursuant to COMAR
26.08.02.10F(3)(c), The Maryland Department of the Environment is providing
notice of its issuance of a Water Quality Certification 20-WQC-0028.
Location: 10950 Dreamland Pl, Newburg, MD, 20664 in
Charles County.
The
purpose of the project is to provide shoreline stabilization and enhance a
tidal marsh to create and enhance aquatic habitat and contribute to
improvements in water quality. Construct fourteen low profile stone, sand
containment structures extending a maximum of 25 feet channelward of the mean
high water line; and fill and grade with 450 cubic yards of sand along 450 feet
of eroding shoreline and plant with marsh vegetation.
The
WQC and its attachments may be viewed at the following link:
https://mde.maryland.gov/programs/Water/WetlandsandWaterways/Pages/WQC.aspx
Appeal
of Final Decision. This Water Quality Certification is a final agency decision.
Any person aggrieved by the Department’s decision to issue this WQC may appeal
such decision in accordance with COMAR 26.08.02.10F(4). A request for appeal
shall be filed with the Department within 30 days of publication of the final
decision, and specify in writing the reason why the final decision should be
reconsidered. A request for appeal shall be submitted to: Secretary of the
Environment, Maryland Department of the Environment, 1800 Washington Boulevard,
Baltimore, MD 21230. Any request for an appeal does not stay the effectiveness
of this WQC.
Contact: Justin Bereznak at justin.bereznak@maryland.gov or 410-537-3782.
[21-06-31]
WATER
AND SCIENCE ADMINISTRATION
Water Quality Certification 20-WQC-0031
Shipwright LLC,
c/o Jed Dickman
P.O. Box 40
Tracey’s Landing, MD 20779
Add’l. Info: Pursuant
to COMAR 26.08.02.10F(3)(c), The Maryland Department of the Environment is
providing notice of its issuance of a Water Quality Certification 20-WQC-0031.
Location: Shipwright Marina, 6047 Herring Bay
Road, Deale, MD 20751, on Rockhold Creek. The purpose of the project is to
improve navigable access and to provide shoreline erosion control. To
mechanically or hydraulically maintenance dredge the 1800-foot long by 200-foot
wide marina to a depth of 7 feet at mean low water; to transport
49,000 cubic yards of dredged material to an approved upland disposal site
located at Herrington Harbor North at 389 Deale Road, Tracey’s Landing,
Maryland 20779; and to provide for periodic maintenance dredging for six
years. The marina also proposes to
emplace 376 feet of revetment a maximum of 6 feet channelward.
The WQC and its attachments may be viewed
at the following link:
https://mde.maryland.gov/programs/Water/WetlandsandWaterways/Pages/WQC.aspx
Appeal of Final Decision. This Water
Quality Certification is a final agency decision. Any person aggrieved by the
Department’s decision to issue this WQC may appeal such decision in accordance
with COMAR 26.08.02.10F(4). A request for appeal shall be filed with the
Department within 30 days of publication of the final decision and specify in
writing the reason why the final decision should be reconsidered. A request for
appeal shall be submitted to: Secretary of the Environment, Maryland Department
of the Environment, 1800 Washington Boulevard, Baltimore, MD 21230. Any request
for an appeal does not stay the effectiveness of this WQC.
Contact: Melissa
McCanna at Melissa.mccanna@maryland.gov or 410-537-4053.
[21-06-32]
WATER
AND SCIENCE ADMINISTRATION
Water Quality Certification 20-WQC-0032
Franklin Manor Citizens Association
c/o Robert Moynihan
P.O. Box 70
Churchton, MD 20733
Add’l. Info: Pursuant
to COMAR 26.08.02.10F(3)(c), The Maryland Department of the Environment is
providing notice of its issuance of a Water Quality Certification 20-WQC-0032.
Location: Franklin
Manor Citizens Association community shoreline within tidal waters in the
Chesapeake Bay. The purpose of the project is to provide shoreline erosion
control. To increase length, width and height of existing shoreline
erosion controls at two breakwaters. The
two sand containment breakwaters will be combined to form a single 369-foot
long by 28-foot wide sand containment breakwater that is 3.5-feet above Mean
High Water; and to fill, grade, and plant 1.28 acres of high and low marsh
vegetation along 460 feet of eroding shoreline with 4281 cubic yards of sand
within a maximum of 213 feet channelward of the mean high water line.
The WQC and
its attachments may be viewed at the following link:
https://mde.maryland.gov/programs/Water/WetlandsandWaterways/Pages/WQC.aspx
Appeal of Final Decision. This Water
Quality Certification is a final agency decision. Any person aggrieved by the
Department’s decision to issue this WQC may appeal such decision in accordance
with COMAR 26.08.02.10F(4). A request for appeal shall be filed with the
Department within 30 days of publication of the final decision and specify in
writing the reason why the final decision should be reconsidered. A request for
appeal shall be submitted to: Secretary of the Environment, Maryland Department
of the Environment, 1800 Washington Boulevard, Baltimore, MD 21230. Any request
for an appeal does not stay the effectiveness of this WQC.
Contact: Melissa
McCanna at Melissa.mccanna@maryland.gov or 410-537-4053.
[21-06-33]
WATER
AND SCIENCE ADMINISTRATION
Water Quality Certification 20-WQC-0034
Herrington Partnership, LLP,
c/o Jed Dickman
P.O. Box 40
Tracey’s Landing, MD 20779
Add’l. Info: Pursuant to
COMAR 26.08.02.10F(3)(c), The Maryland Department of the Environment is
providing notice of its issuance of a Water Quality Certification 20-WQC-0034.
Location: 389 Deale
Road, Tracys Landing, Maryland 20779 within the tidal waters of the Tracys
Creek.
The purpose of the project is to expand
marina services within the existing Marina Basin, and to protect shorelines
from erosion. To hydraulically maintenance
dredge 26.8 acres of marina to a depth of 7 feet below mean low water; to
deposit approximately 10,000 cubic yards of dredged material at an approved
upland disposal site on the applicant’s property; and to provide for periodic
maintenance dredging for six years. To
construct a new 150-foot long by 8-foot wide timber pier called Dock S,
extending a maximum of 150 feet channelward of the mean high water line; to
reconfigure Docks P, O, N, H, G and F; to make minor changes to Docks B and C;
to create a 50-foot long by 17-foot wide travel well; to expand three existing travel lift wells a)
From 50 feet long by 18 feet wide to 71
feet long by 21 feet wide b) From 62 feet long by 20 feet wide to 85 feet long
by 26 feet wide and c) From 40 feet long by 16 feet wide to 65 feet long by 21
feet wide; to construct and backfill 900
linear feet of replacement timber bulkhead within a maximum of 18 inches
channelward of a deteriorated bulkhead;
to emplace 500 feet of riprap revetment within a maximum of 4 feet
channelward of the mean high water line; to emplace 250 feet of riprap
revetment within a maximum of 4 feet channelward of the mean high water line;
to emplace 288 feet of riprap revetment within a maximum of 4 feet channelward
of the mean high water line; to emplace 288 feet of low profile sill within a
maximum of 25 feet channelward of the mean high water line and to fill, grade,
and plant marsh vegetation along 288 feet of eroding shoreline with 275 cubic yards of sand.
The WQC and its attachments may be viewed
at the following link:
https://mde.maryland.gov/programs/Water/WetlandsandWaterways/Pages/WQC.aspx
Appeal of Final Decision. This Water
Quality Certification is a final agency decision. Any person aggrieved by the
Department’s decision to issue this WQC may appeal such decision in accordance
with COMAR 26.08.02.10F(4). A request for appeal shall be filed with the
Department within 30 days of publication of the final decision and specify in
writing the reason why the final decision should be reconsidered. A request for
appeal shall be submitted to: Secretary of the Environment, Maryland Department
of the Environment, 1800 Washington Boulevard, Baltimore, MD 21230. Any request
for an appeal does not stay the effectiveness of this WQC.
Contact: Melissa
McCanna at Melissa.mccanna@maryland.gov or 410-537-4053.
[21-06-34]
WATER
AND SCIENCE ADMINISTRATION
Water Quality
Certification 20-WQC-0038
Sophia Zdravkovich
500 Palisades Blvd,
Crownsville, MD 21032
Add’l.
Info: Pursuant to COMAR 26.08.02.10F(3)(c), The Maryland Department of the
Environment is providing notice of its issuance of a Water Quality
Certification 20-WQC-0038.
Location: 500 Palisades Blvd, Crownsville, Anne Arundel
County, MD 21032
The
purpose of the project is to control shoreline erosion, improve navigable
access, and contribute to improvements in water quality.
1. Remove two
existing mooring piles, and install three mooring piles extending a maximum of
115 feet channelward of the mean high water line;
2. Remove an
unauthorized low profile stone sill;
3. Excavate approximately
1,000 square feet of Phragmites and dispose of excavated material at an
approved upland disposal site located at the Westport Reclamation Services at
4944 Sands Road, Lothian, MD; and
4. Construct a
90-linear foot low profile stone, sand containment sill; and fill and grade
with 95 cubic yards of sand along 90 feet of eroding shoreline and plant with
approximately 1,450 square feet of marsh vegetation.
The WQC and its
attachments may be viewed at the following link:
https://mde.maryland.gov/programs/Water/WetlandsandWaterways/Pages/WQC.aspx
Appeal
of Final Decision. This Water Quality Certification is a final agency decision.
Any person aggrieved by the Department’s decision to issue this WQC may appeal
such decision in accordance with COMAR 26.08.02.10F(4). A request for appeal
shall be filed with the Department within 30 days of publication of the final
decision, and specify in writing the reason why the final decision should be
reconsidered. A request for appeal shall be submitted to: Secretary of the
Environment, Maryland Department of the Environment, 1800 Washington Boulevard,
Baltimore, MD 21230. Any request for an appeal does not stay the effectiveness
of this WQC.
Contact: Heather
Hepburn at heather.hepburn1@maryland.gov or 410-537-3789
[21-06-35]
WATER
AND SCIENCE ADMINISTRATION
Water Quality Certification 20-WQC-0040
Cape St Claire Improvement Association
1223 River Bay Rd
Annapolis, MD 21401
Add’l. Info: Pursuant to COMAR 26.08.02.10F(3)(c), The
Maryland Department of the Environment is providing notice of its issuance of a
Water Quality Certification 20-WQC-0040
Location: Cape St.
Claire Improvement Association property on River Bay Road directly Northwest of
where the Little Magothy River meets the Magothy River.
The purpose of the project tis
to protect the shoreline from erosion, provide resiliency for storm surges and
climate change, and contribute to improvements in water quality. Construct a
140-foot long by 40-foot wide headland breakwater within a maximum of 210 feet
channelward of the mean high water line; Construct a 50-foot long by 24-foot
wide groin within a maximum of 50 feet channelward of the mean high water line.
The WQC and its attachments
may be viewed at the following link:
https://mde.maryland.gov/programs/Water/WetlandsandWaterways/Pages/WQC.aspx
Appeal of Final Decision. This
Water Quality Certification is a final agency decision. Any person aggrieved by
the Department’s decision to issue this WQC may appeal such decision in
accordance with COMAR 26.08.02.10F(4). A request for appeal shall be filed with
the Department within 30 days of publication of the final decision, and specify
in writing the reason why the final decision should be reconsidered. A request
for appeal shall be submitted to: Secretary of the Environment, Maryland
Department of the Environment, 1800 Washington Boulevard, Baltimore, MD 21230.
Any request for an appeal does not stay the effectiveness of this WQC.
Contact: Matt Wallach
at matthew.wallach@maryland.gov or at 410-537-3527
[21-06-36]
WATER
AND SCIENCE ADMINISTRATION
Water Quality Certification 20-WQC-0043
Town of Queenstown
C/o Amy Moore
P.O. Box 4
Queenstown, Maryland 21658
Add’l.
Info: Pursuant to COMAR 26.08.02.10F(3)(c), The Maryland Department of the
Environment is providing notice of its issuance of a Water Quality
Certification 20-WQC-0043.
Location: The project
is in the Queenstown Creek near First and Second Streets in Queenstown, Queen
Anne’s County, Maryland.
The
purpose of this project is to improve navigable access.
1. Perform maintenance dredging of two
areas of the Queenstown Wharf by mechanical method as shown on plans dated May
20, 2020 and described below:
a. Dredge a 1,650 square foot area
at the end of First Street to 5.5 feet at mean low water and remove 95 cubic
yards of material;
b. Dredge a 13,896 square foot
area at the end of Second Street to 5.5 feet at mean low water and a 1,325
square foot area to 3.5 feet at mean low water and remove 567 cubic yards of
material;
c. Transport the dredged material
to the R.B. Baker & Sons Dredge Disposal Site located at 501 4H Park Road,
Queenstown, Maryland; and
d. Provide for periodic
maintenance dredging for six years.
The
WQC and its attachments may be viewed at the following link:
https://mde.maryland.gov/programs/Water/WetlandsandWaterways/Pages/WQC.aspx
Appeal
of Final Decision. This Water Quality Certification is a final agency decision.
Any person aggrieved by the Department’s decision to issue this WQC may appeal
such decision in accordance with COMAR 26.08.02.10F(4). A request for appeal
shall be filed with the Department within 30 days of publication of the final
decision, and specify in writing the reason why the final decision should be
reconsidered. A request for appeal shall be submitted to: Secretary of the
Environment, Maryland Department of the Environment, 1800 Washington Boulevard,
Baltimore, MD 21230. Any request for an appeal does not stay the effectiveness
of this WQC.
Contact: Mary
Phipps-Dickerson at Mary.Phipps-Dickerson@maryland.gov or (410) 901-4033
[21-06-37]
DEPARTMENT OF NATURAL RESOURCES
FISHING AND BOATING SERVICES — PUBLIC NOTICE
2020
— 2021 Commercial Yellow Perch - Closure of Chester River — Effective 2/21/2021
WHAT THIS NOTICE DOES
The Secretary of the Maryland Department of Natural Resources announces
the closure of the 2020-2021 commercial yellow perch fishery on the Chester
River, effective 12:01 a.m. Sunday, February 21, 2021.
The Upper Bay and Patuxent River yellow perch fisheries will remain open
through March 31, 2021. If the harvest target for either area is projected to
be met prior to March 31, 2021, that area will be closed by public notice.
WHY THIS IS NECESSARY
This action is necessary because the Department is projecting that the
annual commercial harvest target on the Chester River will be met.
WHOM THIS NOTICE AFFECTS
This applies to all commercially licensed and permitted individuals who
harvest yellow perch on the Chester River.
AUTHORITY
Code of Maryland Regulations (COMAR) 08.02.21.04
FOR FURTHER INFORMATION CONTACT:
Fishing and Boating Services at 410-260-8293
JEANNIE HADDAWAY-RICCIO
Secretary of Natural Resources
[21-06-18]
FISHING AND BOATING SERVICES — PUBLIC NOTICE
2021
Atlantic Ocean Commercial Striped Bass Transfer Rules — Effective 2/22/2021
WHAT
THIS NOTICE DOES
The Secretary of the Maryland Department of Natural Resources announces the following rules for the Atlantic Ocean commercial striped bass temporary and permanent transfer processes for the 2021 quota year:
· A Striped Bass Atlantic Ocean Fishery permit or allocation may be temporarily transferred during the quota year from January 1, 2021 through December 20, 2021.
o The minimum allocation increment for an allocation transfer is 540 pounds, or the entire remaining allocation if the transferor has less than 540 pounds.
o For each increment of 540 pounds transferred, the transferor must return 50 tags to the Department. If the transfer is less than 540 pounds, all remaining tags assigned to the transferor must be transferred to the transferee.
o For each increment of 540 pounds received, the transferee will be issued 50 new tags by the Department.
· A Striped Bass Atlantic Ocean Fishery permit or share may be permanently transferred during the quota year from January 1, 2021 through October 16, 2021.
o The minimum share increment for a share transfer is 540 pounds, or the entire remaining share if the transferor has less than 540 pounds.
o For each increment of 540 pounds transferred, the transferor must return 50 tags to the Department. If the transfer is less than 540 pounds, all remaining tags assigned to the transferor must be transferred to the transferee.
o For each increment of 540 pounds received, the transferee will be issued 50 new tags by the Department.
WHY
THIS IS NECESSARY
This action is necessary to ensure Maryland’s compliance with the Atlantic State Marine Fisheries Commission Interstate Fishery Management Plan for Atlantic Striped Bass.
WHOM
THIS NOTICE AFFECTS
This applies to all individuals who are permitted to participate in the commercial striped bass fishery in the Atlantic Ocean.
EFFECTIVE
DATE AND TIME
This notice is effective at 12:01 a.m. February 22, 2021.
AUTHORITY
Code of Maryland Regulations (COMAR) 08.02.15.04H
FOR FURTHER INFORMATION CONTACT:
Fishing and Boating Services at 410-260-8293
JEANNIE HADDAWAY-RICCIO
Secretary of Natural Resources
[21-06-19]
FISHING AND BOATING SERVICES — PUBLIC NOTICE
2021
Chesapeake Bay Commercial Striped Bass Permanent Permit Transfers and Transfers
of Shares — Effective 2/22/2021
WHAT THIS NOTICE DOES
The Secretary of the Maryland Department of Natural Resources announces
the rules for the permanent transfer of permits or shares associated with
permits registered in a Chesapeake Bay commercial striped bass fishery for the
2021 quota year.
Permits Registered in the Chesapeake Bay Common Pool Fishery
·
A permit
registered in the striped bass common pool fishery may be permanently
transferred during the quota year from January 1, 2021 through November 20,
2021.
o All remaining tags assigned to the permit must be
transferred by the transferor to the transferee.
Permits Registered in the Chesapeake Bay Individual Transferrable Quota
Fishery
·
A permit
registered in the striped bass individual transferrable quota fishery may be
permanently transferred during the quota year from January 1, 2021 through
October 16, 2021.
·
A share
of the Chesapeake Bay commercial striped bass fishery associated with a permit
registered in the striped bass individual transferrable quota fishery may be
permanently transferred during the quota year from January 1, 2021 through
October 16, 2021.
o
The
minimum share transfer for a permanent transfer is the equivalent of 350
pounds, or the entirety of the transferor’s share if the transferor has less
than the equivalent of 350 pounds.
WHY THIS IS NECESSARY
This action is necessary to ensure Maryland’s compliance with the
Atlantic State Marine Fisheries Commission Interstate Fishery Management Plan
for Atlantic Striped Bass.
WHOM THIS NOTICE AFFECTS
This applies to all individuals who are permitted to participate in the
commercial striped bass fishery in the Chesapeake Bay.
EFFECTIVE DATE AND TIME
This notice is effective at 12:01 a.m. February 22, 2021.
AUTHORITY
Code of Maryland Regulations (COMAR) 08.02.15.04H
FOR FURTHER INFORMATION CONTACT:
Fishing and
Boating Services at 410-260-8293
JEANNIE HADDAWAY-RICCIO
Secretary of Natural Resources
[21-06-20]
FISHING AND BOATING SERVICES — PUBLIC NOTICE
2021
Chesapeake Bay Commercial Striped Bass Temporary Permit Transfers and Transfers
of Allocation — Effective 2/22/2021
WHAT THIS NOTICE DOES
The Secretary of the Maryland Department of Natural Resources announces
the rules for the temporary transfer of permits or transfers of allocation
associated with permits registered in a Chesapeake Bay commercial striped bass
fishery for the 2021 quota year.
Permits Registered in the Chesapeake Bay Common Pool Fishery
·
A permit
registered in the striped bass common pool fishery may be temporarily
transferred during the quota year from January 1, 2021 through November 20,
2021.
o All remaining tags assigned to the permit must be
transferred by the transferor to the transferee.
Permits Registered in the Chesapeake Bay Individual Transferrable Quota
Fishery
·
A permit
registered in the striped bass individual transferrable quota fishery may be
temporarily transferred during the quota year from January 1, 2021 through
December 18, 2021.
·
Allocation
associated with a permit registered in the striped bass individual
transferrable quota fishery that is not being transferred as part of a
permanent share transfer may be transferred during the quota year from January
1, 2021 through December 18, 2021.
o The minimum allocation increment is 1,000
pounds, or the entire remaining allocation if the transferor has less than
1,000 pounds.
o For each 1,000 pound increment transferred,
three bags of 100 unopened, unbroken tags must be transferred. If the transfer
is less than 1,000 pounds, all remaining tags assigned to the transferor must
be transferred to the transferee.
·
Allocation
associated with a permit registered in the striped bass individual
transferrable quota fishery that is being transferred as part of a permanent share
transfer may be transferred during the quota year from January 1, 2021 through
December 18, 2021.
o The minimum allocation transfer is 350 pounds,
or the entire remaining allocation if the transferor has less than 350 pounds.
WHY THIS IS NECESSARY
This action is necessary to ensure Maryland’s compliance with the
Atlantic State Marine Fisheries Commission Interstate Fishery Management Plan
for Atlantic Striped Bass.
WHOM THIS NOTICE AFFECTS
This applies to all individuals who are permitted to participate in the
commercial striped bass fishery in the Chesapeake Bay.
EFFECTIVE DATE AND TIME
This notice is effective at 12:01 a.m. February 22, 2021.
AUTHORITY
Code of Maryland Regulations (COMAR) 08.02.15.04H
FOR FURTHER INFORMATION CONTACT:
Fishing and Boating
Services at 410-260-8293
JEANNIE
HADDAWAY-RICCIO
Secretary of Natural Resources
[21-06-21]
Notice
of ADA Compliance
The State of Maryland is committed to
ensuring that individuals with disabilities are able to fully participate in
public meetings. Anyone planning to
attend a meeting announced below who wishes to receive auxiliary aids,
services, or accommodations is invited to contact the agency representative at
least 48 hours in advance, at the telephone number listed in the notice or
through Maryland Relay.
MARYLAND CORRECTIONAL ENTERPRISES
Dates and Times: April 20, 2021, 11 a.m. — 12 p.m.; Additional Dates: July 20, and October 19, 2021
Place: Via conference call
Add’l. Info: These meeting dates are for the MCE Customer Council. All meeting notices are posted on mce.md.gov.
Contact: Ashley Lohr (410) 540-5405
[21-06-17]
MARYLAND CORRECTIONAL ENTERPRISES
Dates and Times: June 8, 2021, 11 a.m. — 1 p.m.; Additional Dates: September 14, and December 14, 2021
Place: Via conference call
Add’l. Info: These meeting dates are for the MCE Management Council. All meeting notices are posted on mce.md.gov.
Contact: Ashley Lohr (410) 540-5405
[21-06-16]
GOVERNOR’S GRANTS OFFICE/MARYLAND EFFICIENT GRANT APPLICATION (MEGA) COUNCIL
Dates and Times: April 8, 2021, 9:30 — 11 a.m.; Tentative Additional Dates: July 8 and October 7, 2021.
Place: Via Google Meets — please see details below.
Add’l. Info: Meeting Information:
Meeting ID: meet.google.com/hvp-znfp-hhq
Phone Number: +1 781-514-9474
PIN: 154 940 488#
Contact: Jennifer Colton (410) 697-9648
[21-06-24]
ADVISORY COUNCIL TO THE MARYLAND EARLY HEARING DETECTION AND INTERVENTION PROGRAM
Date and Time: April 15, 2021, 12:30 — 2:30 p.m.
Place: Via Google Meet — please see details below.
Add’l. Info: This will be a virtual meeting. ASL interpreters will be available for
this meeting.
Join with Google Meet:
meet.google.com/uqq-efmh-hfn
Join by Phone: +1 847-957-1867 (PIN: 333 926 970)
Contact: Tanya D. Green (410) 767-6432
[21-06-08]
HISTORIC ST. MARY’S CITY COMMISSION
Date and Time: March 20, 2021, 10 — 11:30 a.m.
Place: Via Google Meet — please see details below.
Add’l. Info: Virtual meeting information:
Link: http://meet.google.com/rav-jjud-mbq
Phone: 1-617-675-4444
PIN: 742 276 725 0636#
Contact: Porzia Purves (240) 895-4960
[21-06-09]
DEPARTMENT OF INFORMATION TECHNOLOGY
Date and Time: March 17, 2021, 1 — 3 p.m.
Place: Virtual Meeting at https://youtu.be/d9vaUfK5P84​
Contact: Cindy Cole (410) 697-9639
[21-06-14]
MARYLAND INSURANCE ADMINISTRATION
Date and Time: May 4, 2021, 1:30 — 3:30 p.m.
Place: ZoomGov
Meeting — please see details below.
Add’l. Info: In preparation for the 2021 hurricane season, Maryland Insurance
Commissioner Kathleen A. Birrane will hold a virtual meeting on Tuesday, May 4,
2021, at 1:30 p.m.
Join the ZoomGov Meeting at:
https://www.zoomgov.com/j/1603922168
Meeting ID: 160 392 2168
Dial by your location:
+1 669 254 5252 US (San Jose)
+1 646 828 7666 US (New York)
+1 551 285 1373 US (New Jersey)
+1 669 216 1590 US (San Jose)
833
568 8864 US (Toll-free)
Meeting ID: 160 392 2168
Find your local number: https://www.zoomgov.com/u/adlEUPG0qJ
If you plan to attend this meeting,
please RSVP to joy.hatchette@maryland.gov. If you have any questions, you may
also contact Joy Hatchette at the same email address or at 410-468-2029.
Contact: Joy Hatchette (410) 468-2029
[21-06-06]
MARYLAND STATE LOTTERY AND GAMING CONTROL COMMISSION
Date and Time: March 25, 2021, 10 a.m. — 12 p.m.
Place: Via livestream — please see details below.
Add’l. Info: Due to COVID restrictions the meeting will be conducted via audio conference on the agency’s website at https://www.mdgaming.com/commission-meeting-2-25-2021/ and will be available at 10 a.m. on February 25, 2021.
Contact: Kathy Lingo (410) 230-8790
[21-06-10]
MARYLAND HEALTH CARE COMMISSION
Date and Time: March 18, 2021, 1 — 4 p.m.
Place: Via teleconference — please see details below.
Add’l. Info: All public meetings will be held via teleconference until further notice. Visit www.mhcc.maryland.gov for meeting registration information.
Contact: Valerie Wooding (410) 764-3570
[21-06-15]
BOARD OF OCCUPATIONAL THERAPY PRACTICE
Date and Time: March 19, 2021, 9 a.m. — 12 p.m.
Place: Via Google Meet — please see details below.
Add’l. Info: Health Occupations Article, Title 10, Annotated Code of Maryland, and
COMAR 10.46 amendments, additions, and revisions, including fee changes, may be
discussed/voted on. Budget information may also be discussed. It may be
necessary to go into executive session. Sign language interpreters and/or
appropriate accommodations for qualified individuals with disabilities will be
provided upon request. Please call 1-800-735-2255.
Contact: Lauren Murray (410) 402-8556
[21-06-02]
Date and Time: March 25, 2021, 12:30 — 1 p.m.
Place: Laurel Park, Laurel, MD
Contact: J. Michael Hopkins (410) 296-9682
[21-06-03]
MARYLAND DEPARTMENT OF TRANSPORTATION/OFFICE OF MINORITY BUSINESS ENTERPRISE
Dates and Times: March 31, 2021, 8:30 a.m. — 5 p.m.; Additional Dates: March 31, April 14, and April 28, 2021
Place: Virtual meeting — please see details below.
Add’l. Info: Meetings are being held virtually until further notice. Please check the website for additional information. https://mdot.maryland.gov.
Contact: Sabrina Bass (410) 865-1240
[21-06-27]
BOARD OF WATERWORKS AND WASTE SYSTEMS OPERATORS
Date and Time: March 18, 2021, 10 a.m. — 1 p.m.
Place: Via Google Hangouts — please see details below.
Place: Via Google Hangouts — Please see details below.
Add’l. Info: A portion of this meeting may be
held in closed session. Access link on agenda posted to the Board’s website,
mde.maryland.gov/programs/permits/environmentalboards/pages/bww_meetings.aspx.
Contact: Dee Settar (443) 677-9070
[21-06-04]
Date and Time: March 24, 2021, 9 a.m. — 1 p.m.
Place: Via Google Hangouts — Please see details below.
Add’l. Info: A portion of this meeting may be held in closed session. Access link on agenda posted to Board’s website, mde.maryland.gov/programs/permits/environmentalboards/pages/meetings_of_theboard_ofwelldrillers.aspx.
Contact: Duane Johnson (410) 537-4466
[21-06-05]
WORKERS’ COMPENSATION COMMISSION
Date and Time: March 25, 2021, 9:30 — 11 a.m.
Place: 10 E. Baltimore St., Baltimore, MD
Add’l. Info: Portions of this meeting may be held in closed session.
Contact: Amy S. Lackington (410) 864-5300
[21-06-01]