Capitol Building Maryland Register

Issue Date: March 26, 2021

Volume 48 •  Issue 7  • Pages 249—288

IN THIS ISSUE

Governor

General Assembly

Judiciary

Regulations

Special Documents

General Notices

Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before March 8, 2021 5 p.m.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 March 8, 2021.
 
Gail S. Klakring
Acting Administrator, Division of State Documents
Office of the Secretary of State

Seal

Information About the Maryland Register and COMAR

MARYLAND REGISTER

   The Maryland Register is an official State publication published every other week throughout the year. A cumulative index is published quarterly.

   The Maryland Register is the temporary supplement to the Code of Maryland Regulations. Any change to the text of regulations published  in COMAR, whether by adoption, amendment, repeal, or emergency action, must first be published in the Register.

   The following information is also published regularly in the Register:

   • Governor’s Executive Orders

   • Attorney General’s Opinions in full text

   • Open Meetings Compliance Board Opinions in full text

   • State Ethics Commission Opinions in full text

   • Court Rules

   • District Court Administrative Memoranda

   • Courts of Appeal Hearing Calendars

   • Agency Hearing and Meeting Notices

   • Synopses of Bills Introduced and Enacted by the General Assembly

   • Other documents considered to be in the public interest

CITATION TO THE MARYLAND REGISTER

   The Maryland Register is cited by volume, issue, page number, and date. Example:

• 19:8 Md. R. 815—817 (April 17, 1992) refers to Volume 19, Issue 8, pages 815—817 of the Maryland Register issued on April 17, 1992.

CODE OF MARYLAND REGULATIONS (COMAR)

   COMAR is the official compilation of all regulations issued by agencies of the State of Maryland. The Maryland Register is COMAR’s temporary supplement, printing all changes to regulations as soon as they occur. At least once annually, the changes to regulations printed in the Maryland Register are incorporated into COMAR by means of permanent supplements.

CITATION TO COMAR REGULATIONS

   COMAR regulations are cited by title number, subtitle number, chapter number, and regulation number. Example: COMAR 10.08.01.03 refers to Title 10, Subtitle 08, Chapter 01, Regulation 03.

DOCUMENTS INCORPORATED BY REFERENCE

   Incorporation by reference is a legal device by which a document is made part of COMAR simply by referring to it. While the text of an incorporated document does not appear in COMAR, the provisions of the incorporated document are as fully enforceable as any other COMAR regulation. Each regulation that proposes to incorporate a document is identified in the Maryland Register by an Editor’s Note. The Cumulative Table of COMAR Regulations Adopted, Amended or Repealed, found online, also identifies each regulation incorporating a document. Documents incorporated by reference are available for inspection in various depository libraries located throughout the State and at the Division of State Documents. These depositories are listed in the first issue of the Maryland Register published each year. For further information, call 410-974-2486.

HOW TO RESEARCH REGULATIONS

An Administrative History at the end of every COMAR chapter gives information about past changes to regulations. To determine if there have been any subsequent changes, check the ‘‘Cumulative Table of COMAR Regulations Adopted, Amended, or Repealed’’ which is found online at http://www.dsd.state.md.us/PDF/CumulativeTable.pdf. This table lists the regulations in numerical order, by their COMAR number, followed by the citation to the Maryland Register in which the change occurred. The Maryland Register serves as a temporary supplement to COMAR, and the two publications must always be used together. A Research Guide for Maryland Regulations is available. For further information, call 410-260-3876.

SUBSCRIPTION INFORMATION

   For subscription forms for the Maryland Register and COMAR, see the back pages of the Maryland Register. Single issues of the Maryland Register are $15.00 per issue.

CITIZEN PARTICIPATION IN
THE REGULATION-MAKING PROCESS

   Maryland citizens and other interested persons may participate in the process by which administrative regulations are adopted, amended, or repealed, and may also initiate the process by which the validity and applicability of regulations is determined. Listed below are some of the ways in which citizens may participate (references are to State Government Article (SG),

Annotated Code of Maryland):

   • By submitting data or views on proposed regulations either orally or in writing, to the proposing agency (see ‘‘Opportunity for Public Comment’’ at the beginning of all regulations appearing in the Proposed Action on Regulations section of the Maryland Register). (See SG, §10-112)

   • By petitioning an agency to adopt, amend, or repeal regulations. The agency must respond to the petition. (See SG §10-123)

   • By petitioning an agency to issue a declaratory ruling with respect to how any regulation, order, or statute enforced by the agency applies. (SG, Title 10, Subtitle 3)

   • By petitioning the circuit court for a declaratory judgment

on the validity of a regulation when it appears that the regulation interferes with or impairs the legal rights or privileges of the petitioner. (SG, §10-125)

   • By inspecting a certified copy of any document filed with the Division of State Documents for publication in the Maryland Register. (See SG, §7-213)

 

Maryland Register (ISSN 0360-2834). Postmaster: Send address changes and other mail to: Maryland Register, State House, Annapolis, Maryland 21401. Tel. 410-260-3876; Fax 410-280-5647. Published biweekly, with cumulative indexes published quarterly, by the State of Maryland, Division of State Documents, State House, Annapolis, Maryland 21401. The subscription rate for the Maryland Register is $225 per year (first class mail). All subscriptions post-paid to points in the U.S. periodicals postage paid at Annapolis, Maryland and additional mailing offices.

Lawrence J. Hogan, Jr., Governor; John C. Wobensmith, Secretary of State; Gail S. Klakring, Administrator; Mary D. MacDonald, Senior Editor, Maryland Register and COMAR; Elizabeth Ramsey, Editor, COMAR Online, and Subscription Manager; Tami Cathell, Help Desk, COMAR and Maryland Register Online.

Front cover: State House, Annapolis, MD, built 1772—79.

Illustrations by Carolyn Anderson, Dept. of General Services

 

     Note: All products purchased are for individual use only. Resale or other compensated transfer of the information in printed or electronic form is a prohibited commercial purpose (see State Government Article, §7-206.2, Annotated Code of Maryland). By purchasing a product, the buyer agrees that the purchase is for individual use only and will not sell or give the product to another individual or entity.

 

Closing Dates for the Maryland Register

Schedule of Closing Dates and Issue Dates for the
Maryland Register .....................................................................  252

 

COMAR Research Aids

Table of Pending Proposals ...........................................................  253

 

Index of COMAR Titles Affected in This Issue

COMAR Title Number and Name                                                  Page

04        Department of General Services......................................... 259

08        Department of Natural Resources .....................................  260

09        Maryland Department of Labor .................................  258, 261

10        Maryland Department of Health ........................................  259

20        Public Service Commission ...............................................  261

22        State Retirement and Pension System ...............................  263

23        Board of Public Works ......................................................  264

 

PERSONS WITH DISABILITIES

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

 

The Governor

EXECUTIVE ORDER 01.01.2021.05 ..................................  255

 

General Assembly

SYNOPSIS NO. 5 .  256

 

The Judiciary

COURT OF APPEALS OF MARYLAND

DISCIPLINARY PROCEEDINGS ..................................  257

 

Emergency Action on Regulations

09  MARYLAND DEPARTMENT OF LABOR

RACING COMMISSION

Prohibited Acts .  258

 

Final Action on Regulations

04  DEPARTMENT OF GENERAL SERVICES

SECURITY OF STATE REAL PROPERTY

Security Cards .  259

BUILDINGS AND GROUNDS

General Regulations .  259

Legislative Branch Buildings and Grounds in
   Annapolis .  259

10  MARYLAND DEPARTMENT OF HEALTH

HEALTH SERVICES COST REVIEW COMMISSION

Rate Application and Approval Procedures .  259

 

Proposed Action on Regulations

08  DEPARTMENT OF NATURAL RESOURCES

BOATING—SPEED LIMITS AND OPERATION OF
   VESSELS

Potomac River  260

09  MARYLAND DEPARTMENT OF LABOR

RACING COMMISSION

Prohibited Acts .  261

20  PUBLIC SERVICE COMMISSION

SERVICE SUPPLIED BY GAS COMPANIES

Work Approval  261

22  STATE RETIREMENT AND PENSION SYSTEM

GENERAL REGULATIONS

Member Services Unit — Telephone Recording or
   Monitoring .  263

23  BOARD OF PUBLIC WORKS

PROGRAM ADMINISTRATION

State Tidal Wetlands Licensing Procedures .  264

 

Special Documents

DEPARTMENT OF THE ENVIRONMENT

WATER AND SCIENCE ADMINISTRATION

Water Quality Certification 20-WQC-0043 .  273

Water Quality Certification 20-WQC-0045 .  273

Water Quality Certification 20-WQC-0048 .........................  273

Water Quality Certification 20-WQC-0049  . 274

Water Quality Certification 20-WQC-0052 .  274

Water Quality Certification 20-WQC-0053 .  275

Water Quality Certification 20-WQC-0054 .........................  275

Water Quality Certification 20-WQC-1438 .........................  275

Water Quality Certification 21-WQC-0003 .  276

MARYLAND HEALTH CARE COMMISSION

REQUIRED MARYLAND MEDICAL ASSISTANCE
   PARTICIPATION RATES FOR NURSING HOMES
   BY REGION AND JURISDICTION: FISCAL
   YEAR 2019
....................................................................  277

REQUIRED MARYLAND MEDICAL ASSISTANCE
   PARTICIPATION RATES FOR NURSING HOMES
   BY REGION AND JURISDICTION: FISCAL
   YEAR 2019
....................................................................  278

AVERAGE ANNUAL BED OCCUPANCY RATE
   AND AVERAGE ANNUAL NUMBER OF
   LICENSED NURSING HOME BEDS BY JURISDICTION
   AND REGION: MARYLAND, FISCAL
   YEARS 2017 — 2019
....................................................  279

DEPARTMENT OF STATE POLICE

HANDGUN ROSTER BOARD

Proposed Additions to Handgun Roster and Notice of
   Right to Object or Petition ................................................
 280

 

General Notices

STATE COLLECTION AGENCY LICENSING BOARD

Public Meeting .  287

FIRE PREVENTION COMMISSION

Public Meeting .........................................................................  287

GOVERNOR’S GRANTS OFFICE/MEGA COUNCIL
   MEETING NOTICE

Public Meeting .  287

MARYLAND DEPARTMENT OF HEALTH

Public Meeting .  287

MARYLAND DEPARTMENT OF HEALTH/MEDICAID
   PHARMACY AND THERAPEUTICS COMMITTEE

Public Meeting .  287

MARYLAND DEPARTMENT OF HEALTH/STATE
   ADVISORY COUNCIL ON HEALTH AND WELLNESS

Public Meeting .  287

MARYLAND INSURANCE ADMINISTRATION

Public Meeting .  287

MARYLAND STATE LOTTERY AND GAMING CONTROL
   COMMISSION

Public Meeting .  288

MARYLAND HEALTH CARE COMMISSION

Public Meeting .  288

Request for Letters of Intent — Track One Substance
   Abuse .  288

MARYLAND DEPARTMENT OF TRANSPORTATION/
   OFFICE OF MINORITY BUSINESS ENTERPRISE

Public Meeting .  288

DEPARTMENT OF VETERANS AFFAIRS/MARYLAND
   VETERANS COMMISSION

Public Meeting .  288

MARYLAND COLLEGE COLLABORATION FOR
   STUDENT VETERANS COMMISSION

Public Meeting .........................................................................  288

BOARD OF WELL DRILLERS

Public Meeting .  288

WORKERS’ COMPENSATION COMMISSION

Public Meeting .  288

 

 

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
Date

Emergency

and Proposed

Regulations

5 p.m.*

Notices, etc.

10:30 a.m.

Final

Regulations

10:30 a.m.

2021

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)

 

08 DEPARTMENT OF NATURAL RESOURCES

 

08.02.15.12 • 48:2 Md. R. 53 (1-15-21)

08.18.21.07 • 48:7 Md. R. 260 (3-26-21)

 

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)

09.10.03.08 • 48:7 Md. R. 261 (3-26-21)

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)

 

10.38.07.02 • 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)

 

20 PUBLIC SERVICE COMMISSION

 

20.55.10.01—.04 • 48:7 Md. R. 261 (3-26-21) (ibr)

 

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)

 

22 STATE RETIREMENT AND PENSION SYSTEM

 

22.01.13.02 • 48:7 Md. R. 263 (3-26-21)

 

23 BOARD OF PUBLIC WORKS

 

23.02.04.01—.23 • 48:7 Md. R. 264 (3-26-21)

 

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)

 

The Governor

EXECUTIVE ORDER 01.01.2021.05

Rescission of Executive Order 01.01.2013.06
(Maryland Emergency Preparedness Program)

 

WHEREAS, Executive Order 01.01.2013.06, which reflected the State’s circumstances in 2013, previously guided the State’s emergency management policies;

 

WHEREAS, Chapter 288 of the 2020 Laws of Maryland, which was enacted on May 8, 2020, established emergency management policies for the State that reflect current circumstances, and assigned responsibilities for consequence management and disaster risk reduction to the Maryland Emergency Management Agency; and

 

WHEREAS, The Maryland Emergency Preparedness Program model created by Executive Order 01.01.2013.06 is in conflict with the emergency management policies of Chapter 288 and the State, and is no longer necessary for the Maryland Emergency Management Agency’s operations; 

 

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, HEREBY RESCIND EXECUTIVE ORDER 01.01.2013.06, EFFECTIVE IMMEDIATELY.

 

GIVEN Under my Hand and the Great Seal of the State of Maryland, in the City of Annapolis, this 17th Day of March, 2021.

LAWRENCE J. HOGAN, JR.
Governor

ATTEST:

JOHN C. WOBENSMITH
Secretary of State

[21-07-48]

 

The General Assembly

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.

 

SYNOPSIS NO. 5

House Bills

HB1363  Del Carr.  Procurement – Discriminatory Hiring Practices – Debarment.

HB1364  Del Crosby.  Historic St. Mary's City Fort to 400 Commission.

HB1365  Del Korman.  Nonpublic Special Education Schools - State Contribution - Increase.

HB1366  Del Bridges.  Education - Residential Boarding Programs for At-Risk Youth - Expansion.

HB1367  Del Jalisi.  Gas and Electric Companies - Deposit Charges.

HB1368  Del Jalisi.  Overdue State Property Taxes – Waiver of Interest and Penalties.

HB1369  Del Jalisi.  Housing and Community Development - Shelter and Transitional Housing Facilities Grant Program - Mandated Funding.

HB1370  Del Jalisi.  Nonfederal Residential Mortgage Loans – Forbearance During a State of Emergency and Catastrophic Health Emergency for COVID–19.

HB1371  Del Carr.  Business Regulation – Landlord License.

HB1372  The Spkr.  Blueprint for Maryland's Future - Revisions.

HB1373  Del Love.  Highways - Public-Private Partnerships - Cultural Preservation.

HB1374  Del B. Barnes.  Prior Authorizations of State Debt - Alterations.

HB1375  Del Kelly.  Health Information Exchanges - Electronic Health Information - Sharing and Disclosure.

HB1376  Del Washington.  Primary and Secondary Education - Virtual Education - Requirements.

HB1377  Del Howard.  Income Tax - Credit for Long-Term Care Premiums.

HB1378  Del Terrasa.  Forensic Analysis - Letter of Exception - Criminal Proceedings.

HB1379  Del Thiam.  Consortium on Collective Impact for Student and Family Well–Being – Renaming and Revisions.

HB1380  Del K. Young.  Criminal Law – Threat Against Public Health Official.

 

[21-07-45]

 

Senate Bills

SB0949  Sen Hershey.  Public Utilities – Bills for Electricity Service – Meter Reading.

SB0950  Wicomico County Senators.  Wicomico County – Alcoholic Beverages – Class A Beer, Wine, and Liquor Licenses – Hours.

SB0951  Sen Klausmeier.  Labor and Employment – Workers’ Compensation Claims – Fees for Legal Services.

SB0952  Sen Augustine.  Health Occupations - Internship and Residency Training Requirements - Waiver for Former Service Members Injured in Combat.

SB0953  Sen Augustine.  Domestic Terrorism Task Force.

SB0954  Sen Ready.  Unemployment Insurance - Nonmonetary Eligibility - Alterations to Disqualifications.

SB0955  Sen Eckardt.  Local Government Tort Claims Act - Cambridge Waterfront Development, Inc..

SB0956  Sen Salling.  Baltimore County - Property Tax Credit for Business Entities - State of Emergency.

SB0957  Sen Young.  Criminal Law - Threat Against Public Health Official.

SB0958  Sens Zucker and Peters.  Nonpublic Special Education Schools - State Contribution - Increase.

SB0959  Sen Lam.  Education – Residential Boarding Programs for At–Risk Youth – Expansion.

SB0960  Sen Lee.  Highways - Public-Private Partnerships - Cultural Preservation.

SB0961  Sen Corderman.  Consortium on Collective Impact for Student and Family Well-Being - Renaming and Revisions.

SB0962  Sen Jackson.  Real Property – Satisfaction of a Mortgage – Required Homeowner’s Insurance (Cassidy’s Law).

SB0963  Sen Klausmeier.  Criminal Procedure – Expungement – Closed Against Entry.

SB0964  Sen Jennings.  Pharmacy Benefits Managers - Definition of Purchaser and ERISA.

SB0965  The Pres.  Blueprint for Maryland's Future - Revisions.

SB0966  Sen Hester.  Virtual Schools – Statewide Education Platform – Procurement and Establishment.

SB0967  Sen Jackson.  Landlord and Tenant - Residential Leases - Tenant Rights and Protections (Tenant Protection Act of 2021).

 

[21-07-46]

 

Chapter

CH0040  SB0218 (Amended)  Sen King.  Income Tax - Child Tax Credit and Expansion of the Earned Income Credit.

 

[21-07-47]

 

The Judiciary

COURT OF APPEALS OF MARYLAND

DISCIPLINARY PROCEEDINGS

     This is to certify that by an Order of the Court of Appeals dated March 1, 2021, VINCENT JOSEPH BRANSON (CPF # 7911010045), P.O. Box 312, North Scituate, Massachusetts 02060, has resigned from the further practice of law in this State and his name as an attorney at law has been stricken from the register of attorneys in this Court (Maryland Rule 19-735(e)).

*   *   *   *   *   *   *   *   *   *   *

     This is to certify that by an Order of the Court of Appeals dated March 1, 2021, ANGEL ARTURO VILADEGUT (CPF # 1212130243), 14674 Keeneland Circle, Gaithersburg, Maryland 20878, has been disbarred by effective immediately, from the further practice of law in the State, and his name as an attorney at law has been stricken from the register of attorneys in this Court (Maryland Rule 19-761).

*   *   *   *   *   *   *   *   *   *   *

     This is to certify that by an Order of the Court of Appeals dated March 5, 2021, PETER JEROME EIDE (CPF # 8606010091) 7 Bethway Drive, Apt. 2, Sykesville, Maryland 21784, has been placed on inactive status, effective immediately, from the further practice of law in the State, and his name as an attorney at law has been stricken from the register of attorneys in this Court (Maryland Rule 19-761).

*   *   *   *   *   *   *   *   *   *   *

     This is to certify that by an Order of the Court of Appeals dated March 5, 2021, BRIAN DAVID SADUR (CPF # 9606050384), 2 Purdue Court, Rockville, Maryland 20850, has been indefinitely suspended by consent, effective immediately, from the further practice of law in the State, and his name as an attorney at law has been stricken from the register of attorneys in this Court (Maryland Rule 19-761).

*   *   *   *   *   *   *   *   *   *   *

     This is to certify that by an Order of the Court of Appeals dated March 3, 2021, DAVID FERNANDO MORENO, (CPF # 1012150279), 2108 Boston Street, Apt. 302, Baltimore, Maryland 21231, has been replaced upon the register of attorneys in this Court as of March 5, 2020, by an Order of the Court dated March 3, 2021.  Notice of this action is certified in accordance with Maryland Rule 19-761.

*   *   *   *   *   *   *   *   *   *   *

     This is to certify that by an Order of the Court of Appeals dated January 4, 2021, DEBRA LEE ACKERMAN (CPF # 8512190001), 401 East Jefferson Street, Suite 208, Rockville, Maryland 20850, has been suspended for (60) sixty days by consent, effective March 8, 2021, from the further practice of law in the State, and her name as an attorney at law has been stricken from the register of attorneys in this Court (Maryland Rule 19-761).

*   *   *   *   *   *   *   *   *   *   *

     This is to certify that by an Order of the Court of Appeals dated March 9, 2021, PERRY ANDREW RESNICK (CPF # 1606210226), 7483 Valencia Drive, Boca Raton, Florida 33433, has been placed on inactive status by consent, effective immediately, from the further practice of law in the State, and his name as an attorney at law has been stricken from the register of attorneys in this Court (Maryland Rule 19-761).

*   *   *   *   *   *   *   *   *   *   *

     This is to certify that by an Order of the Court of Appeals dated March 11, 2021, JONATHAN STEVEN RESNICK (CPF # 8212010382), 7483 Valencia Drive, Boca Raton, Florida 33433, has been placed on disbarred by consent, effective immediately, from the further practice of law in the State, and his name as an attorney at law has been stricken from the register of attorneys in this Court (Maryland Rule 19-761).

[21-07-40]

 

 

Emergency Action on Regulations

Symbol Key

   Roman type indicates text existing before emergency status was granted.

   Italic type indicates new text.

   [Single brackets] indicate deleted text.

 

Emergency Regulations

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

 

Title 09
MARYLAND DEPARTMENT OF LABOR

Subtitle 10 RACING COMMISSION

09.10.03 Prohibited Acts

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

Notice of Emergency Action

[21-044-E]

The Joint Committee on Administrative, Executive, and Legislative Review has granted emergency status to amendments to Regulation .08 under COMAR 09.10.03.08 Prohibited Acts.

Emergency status began: March 15, 2021.

Emergency status expires: September 1, 2021.

 

     Editor’s Note:  The text of this document will not be printed here because it appears as a Notice of Proposed Action on page 261 of this issue, referenced as [21-044-P]. 

EMMET DAVITT
Chairman
Maryland Racing Commission

 

 

Final Action on Regulations

 

Symbol Key

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

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

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

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

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

 

 

Title 04
DEPARTMENT OF GENERAL SERVICES

Notice of Final Action

[21-034-F]

On March 16, 2021, the Secretary of General Services adopted amendments to:

(1) Regulations .02—.06 under COMAR 04.04.02 Security Cards;

(2) Regulation .08 under COMAR 04.05.01 General Regulations; and

(3) Regulation .02 under COMAR 04.05.02 Legislative Branch Buildings and Grounds in Annapolis.

This action, which was proposed for adoption in 48:3 Md. R. 95—97 (January 29, 2021), has been adopted as proposed.

Effective Date: April 5, 2021.

ELLINGTON E. CHURCHILL, JR.
Secretary of General Services

 

Title 10
MARYLAND DEPARTMENT OF HEALTH

Subtitle 37 HEALTH SERVICES COST REVIEW COMMISSION

10.37.10 Rate Application and Approval Procedures

Authority: Health-General Article, §§19-207, 19-214.1, 19-214.2, and
19-214.3, Annotated Code of Maryland

Notice of Final Action

[21-001-F]

On March 10, 2021, the Health Services Cost Review Commission adopted amendments to Regulation .26 under COMAR 10.37.10 Rate Application and Approval Procedures. This action, which was proposed for adoption in 48:1 Md. R. 15—16 (January 4, 2021), has been adopted as proposed.

Effective Date: April 5, 2021.

ADAM KANE
Chair
Health Services Cost Review Commission

 

Proposed Action on Regulations

 

Title 08
DEPARTMENT OF NATURAL RESOURCES

Subtitle 18 BOATING—SPEED LIMITS AND OPERATION OF VESSELS

08.18.21 Potomac River

Authority: Natural Resources Article, §§8-703 and 8-704, Annotated Code of Maryland

Notice of Proposed Action

[21-045-P]

The Secretary of Natural Resources proposes to adopt new Regulation .07 under COMAR 08.18.21 Potomac River.

Also, at this time, the Secretary of Natural Resources is withdrawing new Regulation .07 under COMAR 08.18.21 Potomac River that was proposed in 48:1 Md. R. 14 (January 4, 2021).

Statement of Purpose

The purpose of this action is to establish a 6-knot speed limit in the Potomac River for the area surrounding the construction site of the Maryland Transportation Authority’s Harry W. Nice/Thomas “Mac” Middleton Bridge Replacement Design-Build Project. The project involves construction of a new bridge and demolition of the existing Governor Harry W. Nice Memorial/Senator Thomas “Mac” Middleton Bridge. The construction of the new bridge is scheduled to be completed by 2023, and the demolition of the old bridge is scheduled to be completed by December 31, 2024. The proposed action describes an area around the construction site and establishes a speed limit for the area. This regulation will be effective through December 31, 2024.

The proposed action is required to protect human life. The construction zone poses safety threats for all waterway users, employees, and contractors. The proposed speed limit will help protect all workers and barges from excessive wake actions. This action has been developed in cooperation with the Maryland Transportation Authority and the U.S. Coast Guard and will positively support the project and avoid delays.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Potomac River Regulations, Regulatory Staff, Department of Natural Resources Fishing and Boating Services, 580 Taylor Avenue, E-4, Annapolis, MD 21401, or call 410-260-8300, or email to boatingregspubliccomment.dnr@maryland.gov. Comments will be accepted through April 26, 2021. A public hearing has not been scheduled.

.07 Governor Harry W. Nice Memorial/Senator Thomas “Mac” Middleton Bridge.

A. Area. All of the waters of the Potomac River upstream of a line beginning at a point defined by Lat. 38° 21’ 04.07” N, Long. 77° 0’ 58.24” W; then running 82° True to a point defined by Lat. 38° 21’ 24.78” N, Long. 76° 58’ 36.89” W; and downstream of a line beginning at a point defined by Lat. 38° 22’ 18.25” N, Long. 76° 59’ 04.53” W; then running 260° True to a point defined by Lat. 38° 22’ 03.52” N, Long. 77° 0’ 56.60” W.

B. The area described in §A of this regulation has a 6-knot speed limit all year.

C. This regulation shall be effective through December 31, 2024.

JEANNIE HADDAWAY-RICCIO
Secretary of Natural Resources

 

Title 09
MARYLAND DEPARTMENT OF LABOR

Subtitle 10 RACING COMMISSION

09.10.03 Prohibited Acts

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

Notice of Proposed Action

[21-044-P]

The Maryland Racing Commission proposes to amend Regulation .08 under COMAR 09.10.03 Prohibited Acts.

Statement of Purpose

The purpose of this action is to not penalize a horse that is not permitted to use lasix in a jurisdiction where the restriction is based on a house rule and not by the regulatory authority in that state.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to J. Michael Hopkins, Executive Director, Maryland Racing Commission, 300 East Towsontown Boulevard Towson, MD 21286, or call 410-296-9682, or email to mike.hopkins@maryland.gov, or fax to 410-296-9687. Comments will be accepted through May 24, 2021. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the Maryland Racing Commission during a public meeting to be held on May 27, 2021, at 12:30 p.m., at Laurel Park, Laurel Maryland.

.08 Bleeders.

A.—F. (text unchanged)

G. Racing Off of Lasix.

(1) [A] Except for a horse that races in any jurisdiction where the rules of the regulatory authority or the conditions of the race established by the racing association do not permit the use of Lasix, a horse on the Lasix Program that races without Lasix in any jurisdiction which permits the use of Lasix may not be eligible for its use for a period of 60 days.

(2) (text unchanged)

H. (text unchanged)

EMMET DAVITT
Chairman
Maryland Racing Commission

 

Title 20
PUBLIC SERVICE COMMISSION

Subtitle 55 SERVICE SUPPLIED BY GAS COMPANIES

20.55.10 Work Approval

Authority: Public Utilities Article, §§2-113, 2-121, 5-101, 7-207(a), and
7-301, Annotated Code of Maryland

Notice of Proposed Action

[21-046-P-I]

The Maryland Public Service Commission proposes to adopt new Regulations .01—.04 under a new chapter, COMAR 20.55.10 Work Approval. This action was considered by the Maryland Public Service Commission at a scheduled rule-making (RM 71) meeting held on December 4, 2020, notice of which was given under General Provisions Article, §3-302, Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to:

(1) Promulgate regulations to improve gas safety by implementing new work approval requirements as a result of a gas safety accident on September 13, 2018 in Merrimack Valley in Massachusetts resulting in one fatality, numerous injuries, and damage to 131 structures. The National Transportation Safety Board (NTSB) developed a recommendation for licensed professional engineer approval and stamping of natural gas infrastructure work to reduce the likelihood of accidents occurring. Maryland currently provides utilities licensed professional engineer exemptions for a variety of different types of work through a provision in Business Occupations and Professions Article, §14-301(b)(2), Maryland Annotated Code.

(2) Identify types of work that presents a material risk of high consequence to public safety that requires licensed professional engineer approval and allows for other types of natural gas infrastructure project work to be approved by relevant qualified personnel.

(3) Require these work approval requirements, including training, qualification, and requalification requirements into utility written operations and maintenance procedures.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. The initial cost estimate of $1,100,000 is for Maryland utilities to develop and implement a training, qualification, and requalification program for their employees who approve natural gas infrastructure projects. The annual recurring cost estimate of $1,300,000 is for increased wages for higher qualified employees who approve natural gas infrastructure projects and also increased billable hours to consulting firms with professional engineers with Maryland licenses to supplement internal staffing.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure (E+/E-)

Magnitude

 


A. On issuing agency:

NONE

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

 

 

(1)

(+)

Unquantifiable

(2)

(-)

$1,100,000 initially and $1,300,000 annually

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

NONE

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

D(1). The benefit is improved safety which is unquantifiable.

D(2). Cost is based on projected cost estimates provided by Maryland gas utilities impacted by the regulations.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Andrew S. Johnston, Executive Secretary, Maryland Public Service Commission, 6 St. Paul Street, 16th Floor, Baltimore, MD 21202, or call 410-767-8067, or fax to 410-333-6495. Comments will be accepted through April 26, 2021. A public hearing has not been scheduled.

 

Editor’s Note on Incorporation by Reference

     Pursuant to State Government Article, §7-207, Annotated Code of Maryland, the Guidance Manual for Operators of Small Natural Gas Systems (US Department of Transportation, Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety, January 2017) has been declared a document generally available to the public and appropriate for incorporation by reference.  For this reason, it will not be printed in the Maryland Register or the Code of Maryland Regulations (COMAR).  Copies of this document are filed in special public depositories located throughout the State.  A list of these depositories was published in 48:1 Md. R. 7 (January 4, 2021), and is available online at www.dsd.state.md.us.  The document may also be inspected at the office of the Division of State Documents, 16 Francis Street, Annapolis, Maryland 21401. 

.01 Scope.

A. This chapter applies to gas company approval requirements for gas pipeline engineering plans or specifications for engineering work or services on designed projects after January 1, 2022.

B. This chapter does not apply to small system operators with less complex gas distribution systems as determined in the Guidance Manual for Operators of Small Natural Gas Systems (US Department of Transportation, Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety, January 2017), which is incorporated by reference in Regulation .03 of this chapter, except for small system operators with multiple pressure distribution main pipeline systems.

.02 Definitions.

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

B. Terms Defined.

(1) “Covered project” means natural gas infrastructure project work that is designed and must be approved and stamped by a professional engineer licensed in Maryland.

(2) “District regulator awareness zone” means a delineated area around a district regulator station which is reasonably expected to encompass all control lines or other appurtenances necessary for continued safe operation and control where additional precautions are required to control work within the identified zone to minimize the risk of damage to critical facilities.

(3) “Division” has the meaning stated in COMAR 20.57.01.02B.

(4) “Gas company” has the meaning stated in COMAR 20.57.01.02B.

(5) “Noncovered project” means natural gas infrastructure project work that is designed and must be approved by a relevant qualified person.

(6) “Relevant qualified person” means a person such as an licensed professional engineer, subject matter expert, or other employee who possesses the necessary knowledge, experience, and skills regarding natural gas distribution systems to review and certify construction plans for accuracy, completeness, and correctness.

.03 Incorporation by Reference.

In this chapter, the following documents are incorporated by reference:

A. Guidance Manual for Operators of Small Natural Gas Systems (US Department of Transportation, Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety, January 2017); and

B. 49 CFR Part 192, Transportation of Natural and Other Gas By Pipeline: Minimum Federal Safety Standards, as amended.

.04 Work Approval Requirements.

A. Each gas company shall incorporate their work approval requirements for both covered and noncovered projects into their written operations and maintenance procedures under 49 CFR Part 192, Transportation of Natural and Other Gas By Pipeline: Minimum Federal Safety Standards, as amended, which is incorporated by reference in Regulation .03 of this chapter.

B. Each gas company shall incorporate their training, initial qualification, and requalification requirements for a Relevant Qualified Person into their written operations and maintenance procedures under 49 CFR Part 192, Transportation of Natural and Other Gas By Pipeline: Minimum Federal Safety Standards, as amended, which is incorporated by reference in Regulation .03 of this chapter.

C. Licensed professional engineers retained by a gas company shall have the necessary knowledge, experience, and skills regarding natural gas distribution systems to review and certify construction plans for accuracy, completeness, and correctness, but are not subject to §B of this regulation.

D. The following types of designed natural gas infrastructure project work are designated as covered projects and require documented approval by a licensed professional engineer:

(1) New installation or modification that creates or alters the designed operating pressure of a district pressure regulator station or gate station.

(2) Installation of new or substantial reconfiguration of compressor stations.

(3) Installation, uprating, or abandonment of intrastate transmission lines.

(4) Any distribution main piping modifications or replacement work falling within the established district regulator awareness zones established by each operator.

(5) Any construction work on distribution mains which uprates the piping maximum allowable operating pressure.

(6) Installation of distribution mains, including replacements and extension projects, which attach to bridges or other engineered structures.

(7) Trenchless technology installations where the force used to pull the pipe and the path that the pipe follows while being pulled might result in damage to the pipe as a consequence of using that technology.

(8) Peak shaving facility installations and modifications or reconfigurations that would alter its pressure delivery characteristics.

(9) Any other designed natural gas infrastructure project work that presents a material risk of high consequence to public safety as determined by the gas company.

E. All types of designed natural gas infrastructure project work not listed in §D of this regulation are designated as noncovered projects and require documented approval by a relevant qualified person.

F. During emergencies, a relevant qualified person may approve a covered project, in which case documented licensed professional engineer approval shall be required as soon as practical after the emergency has been resolved.

G. The Division may grant a waiver to the regulations in this chapter to a gas company for good cause.

ANDREW S. JOHNSTON
Executive Secretary

 

Title 22
STATE RETIREMENT AND PENSION SYSTEM

Subtitle 01 GENERAL REGULATIONS

22.01.13 Member Services Unit — Telephone Recording or Monitoring

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

Notice of Proposed Action

[21-047-P]

The Board of Trustees for the State Retirement and Pension System proposes to amend Regulation .02 under COMAR 22.01.13 Member Services Unit — Telephone Recording or Monitoring. This action was considered at the February 16, 2021, Board of Trustees meeting for the State Retirement and Pension System.

Statement of Purpose

The purpose of this action is to clarify regulations addressing the recording and monitoring of telephone calls in the Member Services Unit of the State Retirement Agency. Individuals calling the Member Services Unit may now access the Agency’s Automated Call Distribution System (ACDS), which offers the caller the option of a virtual hold call back. These proposed regulations clarify that, in addition to the Agency recording incoming calls to the Member Services Unit, it may also record and monitor callbacks to individuals from the ACDS. These proposed regulations also provide that any recordings made in accordance to COMAR 22.01.13.02 shall be securely stored and may not be retained for longer than 10 years after the date of recording.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Anne E. Gawthrop, Esq., Director, Legislative Affairs, Maryland State Retirement Agency, 120 East Baltimore Street, 16th Floor, Baltimore, MD 21202, or call 410-625-5602, or email to agawthrop@sra.state.md.us, or fax to 410-468-1710. Comments will be accepted through April 26, 2021. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the Board of Trustees of the State Retirement and Pension System during a public meeting to be held on May 18, 2019, at 1 p.m., via live stream from the Agency’s website.

.02 Telephone Calls Recorded or Monitored.

A. The Retirement Agency may only record or [monitor incoming calls to the Automated Call Distribution System.] monitor:

(1) Incoming telephone calls placed to the Member Services Division of the Retirement Agency through the Retirement Agency’s automated call distribution system; and

(2) Outgoing telephone calls from the Member Services Division initiated by the virtual hold callback feature of the Retirement Agency’s automated call distribution system.

B. The Retirement Agency may not record or monitor calls to or from direct individual lines in the Retirement Agency.

C. The Retirement Agency shall securely store all recordings made pursuant to §A of this regulation, and may not retain a recording for longer than 10 years after the date of the recording.

R. DEAN KENDERDINE
Executive Director
State Retirement Agency

 

Title 23
BOARD OF PUBLIC WORKS

Subtitle 02 PROGRAM ADMINISTRATION

23.02.04 State Tidal Wetlands Licensing Procedures

Authority: Environment Article, §§16-201 — 16-205; State Finance and Procurement Article, §10-203; Annotated Code of Maryland

Notice of Proposed Action

[21-043-P]

The Board of Public Works proposes to repeal existing Regulations .01 — .23 and adopt new Regulations .01 — .19 under COMAR 23.02.04 State Tidal Wetlands Licensing Procedures. This action was considered at the Board of Public Works meeting held on January 6, 2021.

Statement of Purpose

The purpose of this action is to revise the tidal wetlands licensing procedures in COMAR Title 23 to reflect current statutory law and program administration, improve the regulations’ organization and structure, and update the policy of the State for the issuance of tidal wetlands licenses.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Bill Morgante, Wetlands Administrator, Board of Public Works, 80 Calvert Street, Room 117, Annapolis, MD 21401, or call 410-260-7764, or email bill.morgante@maryland.gov. Comments will be accepted through April 26, 2021. A public hearing has not been scheduled.

.01 Purpose.

A. The purpose of this chapter is to advance the best interest of the State with respect to State tidal wetlands, including preserving the rights of riparian owners.

B. The State holds State tidal wetlands in both a proprietary capacity and in sovereign trust for the benefit of the people of Maryland. In determining whether to issue a State tidal wetlands license, the Board of Public Works has the same discretion that any owner has in deciding whether to grant to another an interest in the owner’s property.

C. In applying this chapter to determine whether issuing a State tidal wetland’s license is in the State’s best interest, it is the public policy of the State, taking into account varying ecological, economic, developmental, recreational, and aesthetic values, to preserve the wetlands and prevent their despoliation and destruction.

.02 Scope.

A. This chapter sets forth the procedures of the Board of Public Works for the licensing of all dredging, filling, or altering of State tidal wetlands. This includes the construction, reconstruction, or repair of structures, or of nonstructural shoreline stabilization measures, on State tidal wetlands.

B. A license issued under this chapter does not convey ownership of lands or the affected air space, or diminish the full and free use and enjoyment by the public of the tidal waters of the State.

C. This chapter does not change the title to submerged lands conveyed to private owners by the State or its predecessors.

D. This chapter does not set forth the complete range of Board of Public Works’ fiduciary and proprietary responsibilities relating to private uses of State wetlands. The Board of Public Works may, among other things, address these matters through easement, lease, deed, or other instrument to protect the State’s interests or to convey an interest in State wetlands.

.03 Definitions.

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

B. Terms Defined.

(1) “Administrator” means the Wetlands Administrator for the Board of Public Works.

(2) “Board” means the Maryland Board of Public Works.

(3) “Critical area” consists of the following areas, as indicated on the Statewide Base Map:

(a) All waters of and lands under the Chesapeake Bay and its tributaries to the head of tide;

(b) All State and private wetlands designated under Environment Article, Title 16, Annotated Code of Maryland; and

(c) All land and water areas within 1,000 feet beyond the landward boundaries of the resource identified under §B(3)(a) and (b) of this regulation.

(4) “Department” means the Maryland Department of the Environment.

(5) “Dredging” means the removal or displacement by any means of soil, sand, gravel, shells, or other materials, whether or not of intrinsic value, from any State or private tidal wetlands.

(6) Enhancement.

(a) “Enhancement” means the rehabilitation of a degraded wetland site by manipulation of the physical, chemical, or biological characteristics of a wetland site:

(i) To heighten, intensify, or improve a specific function, or functions; or

(ii) For a purpose such as water quality improvement, flood water retention or wildlife habitat.

(b) “Enhancement” results in a change in wetland function, or functions, and can lead to a decline in other wetland function, but does not result in a gain in wetland acres.

(7) Filling.

(a) “Filling” means the:

(i) Displacement of tidal water by depositing into State or private wetlands soil, sand, gravel, shells, or other materials, including pilings, piers, and other structures;

(ii) Artificial alteration of tidal water levels by any physical structure, drainage ditch, or otherwise; or

(iii) Storm drainage projects that flow directly into tidal waters of the State.

(b) “Filling” does not include:

(i) Drainage of agricultural land;

(ii) In-place replacement or repair of functional shore erosion control structures using substantially similar materials and construction design; or

(iii) Planting of wetlands vegetation when no grading or fill in State or private wetlands is necessary.

(8) “Interested person” means, an owner of a riparian property contiguous to a parcel for which there is a licensing proceeding, or an individual that comments on, requests hearings for, or makes inquiries about a licensing proceeding.

(9) “License” means written authorization by the Board under Environment Article, §16-202, Annotated Code of Maryland, to dredge, fill, construct structures, or conduct certain other activities involving State tidal wetlands.

(10) “Licensee” means a person to whom the Department issues a general wetlands license or the Board issues an individual or emergency State tidal wetlands license.

(11) “Living shoreline” means an approach that uses plants and sand, rock, oyster shell, or other natural materials to protect shoreline and to create, maintain, or enhance habitat.

(12) “Maintenance dredging” means dredging an area previously dredged under a Board-issued or Department-issued license for the purpose of maintaining the area’s functional navigation channel, marina, or mooring basin.

(13) “Mean high water” means the average of all the high water levels observed over the national tidal datum epoch.

(14) “Mean high water line” means the line where the land meets the water surface at the elevation of mean high water.

(15) “Mean low water” means the average of all the low water levels observed over the national tidal datum epoch.

(16) “Mitigation” means offsetting loss or damage to State tidal wetlands due to licensed activity by creating new State tidal wetlands or restoring or enhancing existing State tidal wetlands.

(a) “In-kind” means having characteristics closely approximating the original characteristics, including those of a vegetated tidal wetland before that wetland was adversely impacted.

(b) “Out-of-kind” means having characteristics not closely approximating those of a tidal wetland before that wetland was adversely impacted.

(17) Nonstructural Shoreline Stabilization Measure.

(a) “Nonstructural shoreline stabilization measure” means an erosion control measure that is dominated by tidal wetland vegetation, such as submerged aquatic vegetation, and is designed to preserve the natural shoreline, minimize erosion, and establish aquatic habitat.

(b) “Nonstructural shoreline stabilization measure” includes a living shoreline.

(18) Nonwater-Dependent Project.

(a) “Nonwater-dependent project” means a temporary or permanent structure or activity that, by reason of its intrinsic nature, use, or operation, does not require location in, on, or over State or private tidal wetlands.

(b) “Nonwater-dependent project” includes a:

(i) Dwelling unit on a pier;

(ii) Restaurant, shop, office, or other commercial building or use on a pier;

(iii) Temporary or permanent roof or covering on a pier;

(iv) Pier used to support a nonwater-dependent use; and

(v) Small-scale renewable energy system on a pier, including a solar energy system and its photovoltaic cells, solar panels, or other necessary equipment; a geothermal energy system and its geothermal heat exchanger or other necessary equipment; and a wind energy system and its wind turbine, tower, base, or other necessary equipment.

(c) “Nonwater-dependent project” does not include:

(i) A fuel pump or other fuel-dispensing equipment on a pier;

(ii) A sanitary sewage pump or other wastewater removal equipment on a pier;

(iii) A pump, pipe, or any other equipment attached to a pier and associated with a shellfish nursery operation under a permit issued by the Department of Natural Resources under Natural Resource Article, §4-11A-23, Annotated Code of Maryland; or

(iv) An office for managing marina operations, including monitoring vessel traffic, registering vessels, providing docking services, and housing electrical or emergency equipment related to marina operations.

(19) “Over, on, in, or under” means the horizontal and vertical totality of State tidal wetlands and the associated air space applicable throughout this chapter, except when the context clearly limits the meaning.

(20) “Periodic maintenance dredging” means maintenance dredging where:

(a) The area and depth of the dredging are in conformance with the original dredging license;

(b) No more than 500 cubic yards of material are dredged at each maintenance dredging to restore licensed work;

(c) The dredged material is deposited upon the designated dredge material placement site or other upland site approved by the Department; and

(d) The licensee receives prior approval from the Department for each maintenance dredging operation.

(21) “Person” means any natural person, partnership, joint stock company, unincorporated association or society, the State, any unit of the State, a political subdivision, the federal government, or other corporation of any type.

(22) Pier.

(a) “Pier” means any fixed or floating pier, wharf, dock, walkway, bulkhead, breakwater, piles, platform, or other similar structures.

(b) “Pier” does not include any structure on pilings or stilts that was originally constructed landward of the boundaries of State or private tidal wetlands.

(23) “Political subdivision” means a county (including Baltimore City) or municipality.

(24) “Private tidal wetlands” means:

(a) Land not considered State tidal wetlands bordering on or lying beneath tidal waters, that is subject to regular or periodic tidal action and supports aquatic growth;

(b) Tidal wetlands transferred by the State by a valid grant, lease, patent, or grant confirmed by Article 5 of the Maryland Declaration of Rights, to the extent of the interest transferred; or

(c) Tidal waters created by the excavation of upland unless conveyed to the State.

(25) Restoration.

(a) “Restoration” means reestablishment of tidal wetlands on former tidal wetland sites by manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions.

(b) “Restoration” results in rebuilding a former wetland and in a gain in wetland acres.

(26) “Riparian rights” means a bundle of rights that derive from the physical relationship of a body of water to the land abutting it.

(27) Riprap.

(a) “Riprap” means intentionally placed rock or other durable materials such as rubble or pre-formed concrete shapes, used to armor both shorelines, channels, and other natural features as well as pilings and other structures, against scour, and water or ice erosion.

(b) “Riprap” includes structures that may be constructed of riprap, such as revetments, embankments, groins, sills, and breakwaters.

(28) State Tidal Wetlands.

(a) “State tidal wetlands” means any land:

(i) Under the navigable waters of the State below the mean high water line, affected by the regular rise and fall of the tide; and

(ii) Between the landward boundary, coterminous with the mean high water line, and the seaward boundary, 3 miles from the low water mark of the Atlantic coast.

(b) “State tidal wetlands” does not include wetlands that have been transferred by the State by valid grant, lease, patent, or grant confirmed by Article 5 of the Maryland Declaration of Rights, which are instead “private tidal wetlands” to the extent of the interest transferred.

(29) “Structure” means something that is built or constructed, temporarily or permanently, including a boathouse, breakwater, bulkhead, drainage ditch, groin, pier, revetment, sill, tidal impoundment dike, transmission facility, or water control structure.

(30) “Trenchless technology” means subsurface construction work, including horizontal directional drilling, microtunneling, and other similar technologies, used to install underground infrastructure, such as below-ground pipelines and cables.

(31) “Upland” means any area that does not qualify as a tidal or nontidal wetland.

.04 License Requirement.

A. A person may not conduct the following activities over, on, in, or under State tidal wetlands without a license except as provided for in §E of this regulation:

(1) Dredging;

(2) Filling;

(3) Constructing, reconstructing, repairing, or altering structures, trestles, conduits, cables, pipelines, intake or discharge pipes, or similar devices or apparatuses;

(4) Constructing a shore erosion control project, including a living shoreline; or

(5) Otherwise altering State tidal wetlands.

B. The Board may issue a State tidal wetlands license to:

(1) The owner of the riparian rights associated with an upland parcel;

(2) The State, any unit of the State, or the federal government;

(3) A political subdivision;

(4) A public service company; or

(5) An individual who seeks to obtain soil borings, sediment borings, or samples for research purposes.

C. Agents.

(1) Any person eligible to apply for a license under §B of this regulation may do so through the use of an agent.

(2) Any reference to “applicant” or “licensee” in this chapter includes an agent of the eligible person.

D. The issuance of a State tidal wetlands license does not relieve the licensee from obtaining other approvals and permits that may be required, including a U.S. Army Corps of Engineers permit, water quality certification, coastal zone consistency certification, buffer management plan, and other State and local approvals and permits.

E. Activities Not Requiring a License. A person may conduct the following activities over, on, in, or under State tidal wetlands without a license issued by the Board:

(1) Constructing, repairing, or removing private noncommercial piers when the property owner provides 10-day notice to the Department on a Department-approved form and meets the following criteria:

(a) Only one pier per property;

(b) Pier is not wider than 6 feet;

(c) Piers over vegetated tidal wetlands are at least 3 feet above the wetlands;

(d) Fixed or floating platforms, including Ts, Ls, and step-down platforms that:

(i) Do not exceed 200 square feet, excluding the segment of the main pier section to which the platform is attached;

(ii) Are not located over vegetated tidal wetlands or submerged aquatic vegetation; and

(iii) Are located in at least 2 feet at mean low water;

(e) No more than two 3-foot wide finger piers may be constructed on the landward side of the end of a private pier;

(f) Pier does not extend within 100 feet of a Department-approved water-ski course;

(g) Pier does not extend beyond the lesser of 100 feet channelward of the mean high water line or a distance of 25 percent of the waterway width;

(h) Meets property line setback requirements established by the political subdivision;

(i) Pier does not impede navigation or block adjoining properties from ingress and egress;

(j) Pier does not obstruct the tidal flow;

(k) Pier does not include more than four slips, lifts, or hoists; and

(l) Pier does not extend within 500 feet of an approved aquaculture lease site.

(2) Maintaining, repairing, or replacing an existing functional structure by a licensed marine contractor or property owner when there is only a de minimis increase in the original length, width, height, or channelward encroachment.

(3) Dredging seafood products by a licensed aquaculture operator, harvesting submerged aquatic vegetation if the root system is not affected, and harvesting of seaweed.

(4) Trapping, hunting, fishing, cultivating or harvesting shellfish when legally permitted.

(5) Aquaculture activities occurring under a Department of Natural Resources lease.

(6) Mosquito control and abatement projects approved by the Department of Agriculture.

(7) Improving wildlife habitat or agricultural drainage ditches if approved by the appropriate State agency.

(8) Marking channels and harbors and establishing navigation aids approved by the U.S. Coast Guard and the Department of Natural Resources.

(9) Controlling invasive plant species through the application of pesticides when authorized by a toxic materials permit under COMAR 26.08.03.02.

(10) Installing bass spawning boxes outside of marked navigation channels.

.05 Delegation to the Department.

A. The Board delegates to the Department the authority to grant, deny, or grant with conditions a State tidal wetlands general license for the following activities:

(1) Except for applications for nonwater-dependent projects under Environment Article, §16-104, Annotated Code of Maryland, constructing pilings or fixed or floating private, noncommercial piers and platforms that are not exempt from licensure under Regulation .04E(1) of this chapter;

(2) Constructing a revetment by placing riprap for shore erosion control only when it is no more than:

(a) 500 feet in length parallel to the shoreline; and

(b) 10 feet channelward of the mean high water line;

(3) Filling or constructing a nonriprap shore erosion control structure, such as a bulkhead, when the fill area is no more than:

(a) 300 feet in length parallel to the shoreline; and,

(b) 10 feet channelward of the mean high water line;

(4) Constructing tidal groins to minimize impacts to the littoral drift, when extending no more than 25 feet channelward of the mean high water line;

(5) Bulkhead repair or replacement where the repair or replacement does not extend more than 18 inches channelward of the existing bulkhead. A general license for repair or replacement may authorize riprap placed as a revetment along the base of the bulkhead, if the riprap does not extend more than 10’ channelward of the bulkhead;

(6) Filling of nearshore shallow water not more than 35 feet channelward of the mean high water line when the fill area is:

(a) Less than 500 feet in length;

(b) Parallel to the shoreline; and

(c) For the purpose of shore erosion control by vegetated tidal wetland creation;

(7) Maintenance dredging a mooring, private or commercial boat ramp, mobile boat hoist slip, or marine railway when no more than 100 cubic yards of material nor an area greater than 1,500 square feet needs to be dredged;

(8) Reconfiguring an existing marina when there is no dredging or increase in channelward encroachment beyond existing piers and associated structures;

(9) Constructing a private noncommercial boat ramp not more than 12 feet wide and 30 feet channelward of the mean high water line;

(10) Reinforcing bridges or causeways when they extend less than 10 feet from the existing structure, require no dredging, and do not impede the flow of the waterway;

(11) Creating a new discharge of stormwater runoff when the project directly discharges to tidal waters if the drainage system extends no more than 10 feet channelward of the mean high water line and complies with stormwater regulations;

(12) Clearing debris and windfalls from shorelines without dredging State tidal wetlands;

(13) Installing temporary (not to exceed 3 years) sampling, surveying, or monitoring equipment solely for research or educational purposes where the impacted area does not exceed 10,000 square feet;

(14) Performing scientific sampling, soil borings, sediment borings, archaeological surveys, or similar activities in a total area not to exceed 10,000 square feet or exceed 10 cubic yards;

(15) Installing temporary site access measures such as wooden mats, as long as there are no changes to hydrology or grading and the impacted area does not exceed 10,000 square feet and provided the area is restored to original conditions; and

(16) Installing intake and discharge structures associated with aquaculture activities that are not exempt from licensure under Regulation .04E(5) of this chapter.

B. The Department may not grant or deny a State tidal wetlands general license for a nonwater-dependent project under Regulation .07 of this chapter.

C. The Department may not grant or deny a State tidal wetlands general license if the activity listed in subsection A of this regulation requires compensation under Regulation .12 of this chapter or if the activity listed in §A of this regulation is part of a larger project that requires an individual license under Regulation .06B(4) of this chapter.

D. The Board, through the Executive Secretary, may, after consultation with the Wetlands Administrator, require any project delegated to the Department to obtain an individual license.

E. The Department shall provide to the Board such reports and information as the Board may request.

.06 Types of Licenses.

A. General License.

(1) A general license is an authorization for the activities identified in Regulation .05A of this chapter involving State tidal wetlands.

(2) To obtain a general license, a person shall apply to the Department in accordance with the procedures in COMAR 26.24.02.04.

(3) The Department:

(a) Shall, within 45 days of receipt of an application, notify the applicant whether the application is complete and the wetland delineation is correct; and

(b) May extend, upon written notice to the applicant, the deadline if the following extenuating circumstances prevent consideration of the application:

(i) Inclement weather conditions;

(ii) Review is required by federal, State, or local government agencies; or

(iii) The applicant requests extension.

(4) The Department:

(a) Shall grant, deny, or condition the general license within 45 days of receiving a complete application; and

(b) May extend, upon written notice to the applicant, the deadline 30 days for the following extenuating circumstances:

(i) Review is required by federal, State, or local government agencies; or

(ii) The applicant requests extension.

B. Individual License.

(1) An individual license is issued by the Board for activities involving State tidal wetlands that:

(a) Are not among those listed in Regulation .04E of this chapter;

(b) Are not delegated to the Department under Regulation .05A of this chapter; and

(c) Do not qualify for an emergency license under §C of this regulation.

(2) To obtain an individual license, a person shall apply through the Department in accordance with the procedures in COMAR 26.24.02.02 and §A(4)(b) of this regulation.

(3) An individual license is subject to public notice and an opportunity to request a public informational hearing in accordance with COMAR 26.24.01.04 and .05.

(4) If any aspect of a project requires an individual license from the Board, the entire project shall come before the Board, including those activities that are delegated under Regulation .05A of this chapter.

C. Emergency License.

(1) Without prior public notice, the Administrator may issue an emergency license when an emergency exists caused by an act of God, natural disaster, catastrophe, or other similar natural event when the health, safety, or welfare of the citizens of the State would be jeopardized by a delay caused by time requirements for public notice.

(2) An emergency license issued under §A of this regulation, including its effective period, is limited to only those activities necessary to abate or mitigate the emergency.

(3) Any additional activities beyond those necessary to abate or mitigate the emergency require either a general or individual license under §A or B of this regulation.

(4) To obtain an emergency license a person shall apply through the Department. The initial request may be made orally. The applicant shall provide the following written information to the Department within 3 days:

(a) Applicant’s name;

(b) Location of the emergency activity;

(c) Site photographs;

(d) Extent of work to be done;

(e) Anticipated impact on tidal wetlands; and

(f) Nature of the emergency.

(5) Promptly upon receipt of the written information, the Department shall notify the Department of Natural Resources and the Maryland Historical Trust.

(6) If the Department determines an emergency license is appropriate, the Department shall issue a written summary to the Administrator within 10 days of the initial request containing:

(a) A description of the emergency;

(b) Terms and conditions under which the emergency license should be granted;

(c) Comments received from the Department of Natural Resources and the Maryland Historical Trust; and

(d) Any other submitted comments or relevant materials.

(7) Within 14 days of the initial call, the applicant shall submit an application to the Department.

(8) Emergency License Issuance.

(a) If the Administrator agrees with the Department’s determination that an emergency license is appropriate, then:

(i) The Board authorizes the Administrator to issue an emergency license; and

(ii) The Administrator shall issue the emergency license within 14 days of the initial request.

(b) The Administrator shall transmit the license to the applicant and advise the applicant to sign and return the license to the Administrator, constituting acceptance of the terms and conditions.

(c) If an applicant fails to sign and return the emergency license within 14 calendar days of transmittal, the Administrator shall notify the applicant in writing that the license is void.

(d) Upon return of the signed emergency license, the Administrator shall sign and transmit a copy of the fully signed license to the licensee and to the Department.

(e) The license is effective when fully signed under both §C(8)(b) and (d) of this regulation.

(9) After issuance of the emergency license:

(a) The Department shall provide prompt public notice and an opportunity to submit written comments and to request a public informational hearing on ratifying or revoking the license;

(b) If a public informational hearing is requested, it shall occur within 30 days of issuance of the emergency license;

(c) Within 30 days after the public comment period ends, the Department shall send to the Administrator in writing:

(i) A summary of comments received;

(ii) A summary of the public informational hearing, if held;

(iii) The Department’s response to concerns raised in the comments or at the public informational hearing; and

(iv) The Department’s recommendation to ratify, modify, suspend, or revoke the emergency license; and

(d) After receipt of the Department’s written recommendation under §C(9)(c) of this regulation, the Administrator shall submit an Action Agenda item to the Board with the Administrator’s recommendation that the Board ratify, modify, suspend, or revoke the emergency license.

.07 Nonwater-Dependent Projects on a Pier.

A. This regulation does not apply to nonwater-dependent projects located on State tidal wetlands in Prince George’s County.

B. The Board may issue an individual license authorizing a nonwater-dependent project on a pier if:

(1) The project is on a pier constructed on or after January 1, 2013, and meets the following criteria:

(a) Involves a commercial activity that is permitted as a secondary or accessory use to a permitted primary commercial use;

(b) The pier is not attached to residential, institutional, or industrial property;

(c) Avoids and minimizes impacts to State tidal wetlands and other aquatic resources;

(d) Is located in either:

(i) An intensely developed area, where the project is authorized under the local jurisdiction’s Critical Area program by a program amendment on or after July 1, 2013; or

(ii) An area that has been excluded from a local Critical Area program if the exclusion has been adopted or approved by the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays;

(e) Is approved by the local planning and zoning authority;

(f) Allows or enhances public access to State tidal wetlands;

(g) Does not expand beyond the length, width, or channelward encroachment of the pier on which the project is constructed;

(h) Has a height of up to 18 feet unless the project is located at a marina and the Secretary recommends additional height;

(i) Is up to 1,000 square feet in total area;

(j) Is not located in, on, or over vegetated tidal wetlands, submerged aquatic vegetation, a natural oyster bar, a public shellfish fishery area, a Yates Bar, a leased aquaculture site, or an area with rare, threatened, or endangered species or species in need of conservation; and

(k) Does not adversely impact a fish spawning or nursery area or a historic waterfowl staging and concentration area;

(2) The project is on a pier in existence on or before December 31, 2012, and meets the following criteria:

(a) Satisfies all of the requirements under §B(1)(a)—(i) of this regulation; and

(b) If the project has a temporary or permanent roof or covering, it can be no more than 1,000 square feet in total area; or

(3) The project is for a small-scale renewable energy system and meets the following criteria:

(a) Involves installing or placing a small-scale renewable energy system that is permitted as a secondary or accessory use;

(b) Avoids and minimizes impacts to State tidal wetlands and other aquatic resources;

(c) Is located in either:

(i) The Chesapeake and Atlantic Coastal Bays Critical Area and the project is authorized under the local jurisdiction’s Critical Area program or by a program amendment on or after July 1, 2013; or

(ii) An area that has been excluded from a local Critical Area program if the exclusion has been adopted or approved by the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays;

(d) Is approved by the local planning and zoning authority;

(e) Is not located in, on, or over vegetated tidal wetlands, submerged aquatic vegetation, a natural oyster bar, a public shellfish fishery area, a Yates Bar, a leased aquaculture site, or an area with rare, threatened, or endangered species or species in need of conservation; and

(f) Does not adversely impact a fish spawning or nursery area or a historic waterfowl staging and concentration area.

C. A license issued under §B(3) of this regulation may include installing or placing a:

(1) Solar energy system attached to a pier if the device or equipment associated with that system does not extend more than:

(a) 4 feet above or 18 inches below the deck of the pier; or

(b) 1 foot beyond the length or width of the pier;

(2) Solar energy system attached to a piling if there is only one solar panel per boat slip;

(3) Solar energy system attached to a boathouse roof if the device or equipment associated with that system does not extend beyond the length, width, or height of the boathouse roof;

(4) Closed–loop geothermal heat exchanger under a pier if the geothermal heat exchanger or any associated devices or equipment do not:

(a) Extend beyond the length, width, or channel ward encroachment of the pier;

(b) Deleteriously alter long shore drift; or

(c) Cause significant individual or cumulative thermal impacts to aquatic resources; or

(5) Wind energy system attached to a pier if there is only one wind energy system per pier for which:

(a) The height from the deck of the pier to the blade extended at its highest point is 12 feet or less;

(b) The rotor diameter of the wind turbine is 4 feet or less; and

(c) The setbacks of the wind energy system from the nearest property line and from the channel ward edge of the pier to which that system is attached are at least 1.5 times the total height of the system from its base to the blade extended at its highest point.

D. Existing Nonwater-Dependent Projects on a Pier.

(1) A nonwater-dependent project on a pier, where the project was in existence on or before June 30, 1989, may continue to be used.

(2) A nonwater-dependent project added to a pier on or after July 1, 1989, may continue to be used if it was added in compliance with a wetlands license issued under the law applicable at the time.

(3) The Board may issue an individual license authorizing an alteration or expansion of an existing nonwater-dependent project on a pier if the final project complies with the requirements of §B of this regulation.

.08 Department’s Report and Recommendation.

A. The Department shall submit a written Report and Recommendation for each application for an individual license to the Administrator that includes the following:

(1) Name and complete contact information for the applicant, and its agent, if any;

(2) Location of the project including the name of the impacted waterbody;

(3) Whether the license should be granted;

(4) Any conditions under which the license should be granted;

(5) Information compiled during site visits, if any;

(6) Whether a public informational hearing was required, when it was held, a summary of the public informational hearing, and copies of any documents submitted to the Department;

(7) A statement where applicable, that the Department has coordinated review of the application with the Department of Natural Resources, the Maryland Historical Trust, and the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays;

(8) Comments submitted by the public or State, federal, or local agencies;

(9) List of interested persons;

(10) For trenchless technology projects:

(a) Design plans and justification for the bore depth; and

(b) If the trenchless technology project involves a bore greater than 12 inches in diameter, the design plans shall be signed, sealed and dated by a professional engineer licensed in the State of Maryland under Business Occupations and Professions Article, §14-301, Annotated Code of Maryland, who prepared or approved the design plans;

(11) For any recommendation to authorize improvements to protect a person’s property against erosion using any measures other than a nonstructural shoreline stabilization measure, such as a living shoreline, an explanation of why the Department granted a waiver under Environment Article, §16-201(c), Annotated Code of Maryland; and

(12) For projects that propose removal of submerged aquatic vegetation, an explanation as to why impacts to that vegetation cannot be avoided.

B. If the Department has suspended processing an application under COMAR 26.24.02.02H, it shall notify the Board, and, upon request from the Board through its Administrator, cease that suspension and complete its report.

.09 Board Action on Applications for Individual Licenses.

A. The Board shall grant or conditionally grant, or deny, an individual license upon determining if issuance of the license is:

(1) Sufficient to the attainment of riparian rights; and

(2) Reasonable in accordance with the best interests of the State.

B. In making its determination, the Board shall:

(1) Consider the recommendations of the Department, the report of the Board’s Administrator, any public testimony at an informational hearing, any documents submitted, and any other relevant information in the record, including any additional oral testimony the Board may elect to hear; and

(2) Take into account:

(a) The varying ecological, economic, developmental, recreational, and aesthetic values that the project presents; and

(b) The State’s public policy to preserve the wetlands and prevent their despoliation and destruction.

C. Review of Application.

(1) The Board, through its Administrator, may request the Department to supplement its Report and Recommendation to address specific concerns relevant to determining either the sufficiency of the proposed project or the best interests of the State.

(2) For any application with interested persons who expressed opposition to the proposed license either in writing to the Department or the Board, or at the public informational hearing, the Board, through its Administrator, shall:

(a) Publish the Department’s Report and Recommendation, including any supplement, on the Board’s website, and

(b) Provide notice of that publication to any interested persons.

(3) Interested persons may submit written comments to the Board after publication of the Department’s Report and Recommendation on the Board’s website under §C(2)(a) of this regulation.

(4) The Administrator shall:

(a) Review the Department’s Report and Recommendation, including any supplement;

(b) Review any comments received within 21 days after publication under §C(3) of this regulation, and may review comments received thereafter;

(c) Submit a written recommendation to Board members stating whether an individual license should be granted, and specifying any appropriate terms and conditions;

(d) Before the Board’s action on an individual license, inform the applicant in writing of the following:

(i) Any monetary compensation in lieu of mitigation recommended under Regulation .11 of this chapter; and

(ii) Any compensation recommended under Regulation .12 of this chapter; and

(e) Make available to Board members all records and documents reviewed and considered in preparing the recommendation submitted under §C(4)(c) of this regulation .

.10 Terms and Conditions.

A. All conditions take effect upon license issuance, unless specifically stated otherwise.

B. Standard Conditions.

(1) A State tidal wetlands license shall carry standard conditions.

(2) The Board shall approve a template for licenses, including standard terms and conditions, and publish the template on its website.

(3) The Department and the Administrator may recommend to the Board revisions to the license template.

C. Special Conditions.

(1) The Department or the Administrator may recommend to the Board special conditions, or other amendments to the license template, for inclusion in a specific State tidal wetlands license.

(2) Examples of issues that may warrant special conditions include:

(a) Marina facility;

(b) Trenchless technology;

(c) Maintenance dredging; and

(d) Cultural resources.

(3) Examples of special conditions include:

(a) Mitigation in accordance with Regulation .11 of this chapter;

(b) Compensation in accordance with Regulation .12 of this chapter;

(c) Water Quality Certification in compliance with COMAR 26.24.04;

(d) Soil Erosion and Sediment Control plans as required and approved by the Department, applicable soil conservation district, or other approving authority; and

(e) Time of year restrictions requiring that a licensed structure be constructed or activity be performed only during certain time periods to assure protection of fish spawning and nursery habitat, shellfish habitat, submerged aquatic vegetation, or historic waterfowl staging and concentration areas, or to avoid public recreational conflicts.

.11 Mitigation.

A. The Department or the Administrator may recommend:

(1) Mitigation designed to replace the values and functions associated with the wetlands to be impacted as set forth in this regulation and COMAR 26.24.05.01; or

(2) When mitigation is not feasible, monetary compensation in lieu of mitigation.

B. To make the recommendation under §A of this regulation, the Department or the Administrator shall follow the process in COMAR 26.24, including multiplying the acreage of the lost or adversely impacted State tidal wetlands using the following ratios:

 

Restoration or In-Kind Creation

Open water tidal wetlands

1:1

Emergent tidal wetlands

2:1

Scrub-shrub tidal wetlands

2:1

Forested tidal wetlands

2:1

Tidal wetland habitat for rare, threatened, or endangered species, or species in need of conservation

3:1

Submerged aquatic vegetation and natural oyster bars

3:1

Enhancement or Out-of-Kind Creation

Open water tidal wetlands

2:1

Emergent tidal wetlands

4:1

Scrub-shrub tidal wetlands

4:1

Forested tidal wetlands

4:1

Tidal wetlands habitat for rare, threatened, or endangered species, or species in need of conservation

6:1

Submerged aquatic vegetation and natural oyster bars

6:1

 

C. If a licensed structure or activity will cause an unavoidable adverse environmental impact or loss of State tidal wetlands, the Board may require:

(1) Mitigation by conditioning the license on restoring, creating in-kind new tidal wetlands, creating out-of-kind new tidal wetlands, or enhancing existing tidal wetlands, or a combination; or

(2) Monetary compensation in lieu of mitigation in an amount the Board determines appropriate.

D. Compensation in lieu of mitigation received under this §C(2) of this regulation is deposited into the Tidal Wetlands Compensation Fund.

.12 Compensation.

A. Except for any license issued to a governmental unit, the Board may require as a license condition that the licensee pay compensation to the State in an amount the Board deems appropriate for the following activities:

(1) Filling to make upland;

(2) Dredging or severance of material unrelated to navigational need; or

(3) Similar nonriparian use.

B. Except for any license issued to a governmental unit, the Board shall require as a license condition that the licensee pay compensation to the State in an amount deemed appropriate by the Board for the following:

(1) Cables, pipelines, or other structures over, on, in, or under State tidal wetlands; and

(2) Nonwater-dependent projects.

C. Compensation for Filling to Make Upland.

(1) When the Board requires compensation for filling to make upland, the licensee shall pay a one-time amount equivalent to the fair market value of the upland created or other amount specified by the Board.

(2) The Administrator shall:

(a) Determine the fair market value of the upland created based on the higher of two appraisals obtained by the licensee, after consulting with the Department of General Services; and

(b) Make a recommendation to the Board on the compensation amount.

D. Compensation for Dredging or Severance of Materials.

(1) The Board may not require compensation for dredging projects involving navigational purposes, beach nourishment, removal of bottom contaminants, or displacement of the bottom during archeological investigations.

(2) When the Board requires compensation for dredging or severance of materials from State tidal wetlands, the licensee shall pay an amount specified by the Board.

(3) The Administrator shall:

(a) Determine an amount based on:

(i) A nonrecurring, nonrefundable charge of $1,000, and a minimum of $250 or $1.75 per cubic yard of dredged or severed material, whichever is greater; or

(ii) Any other rates specified by the Board; and

(b) Make a recommendation to the Board on the amount of compensation.

E. Compensation for Cables, Pipelines, or Other Structures.

(1) The Board shall require compensation for cables, pipelines, or other similar structures over, on, in, or under State tidal wetlands.

(2) The licensee shall pay:

(a) A nonrecurring, nonrefundable charge of $1,000; and

(b) A minimum annual compensation rate of $2.50 per linear foot or an amount specified by the Board.

(3) Each individual cable, pipeline, or similar structure is subject to the annual compensation requirement.

(4) The Administrator shall make a recommendation to the Board on the amount of the annual compensation by multiplying $2.50 by each linear foot by each individual cable, pipeline, or other similar structure.

(5) Five years after issuing the license and every 5 years thereafter, the Board may adjust the per linear foot annual compensation rate to reflect changes in the Consumer Price Index as published by the U.S. Department of Labor, Bureau of Labor Statistics.

F. Annual Compensation for Nonwater-Dependent Projects on a Pier.

(1) Except for small-scale renewable energy system projects as authorized by Regulation .07B(3) of this chapter, the Board shall require annual compensation for:

(a) Nonwater-dependent projects; and

(b) Projects that materially alter or expand the footprint of an existing nonwater-dependent project.

(2) Calculation of Compensation.

(a) The Administrator shall make a recommendation to the Board on the annual compensation amount that is based on the most recent data provided by the State Department of Assessments and Taxation in the assessment record for the real property to which the nonwater-dependent project is attached.

(b) The annual compensation is computed by:

(i) Multiplying the total square footage of the nonwater-dependent project by a fraction, the denominator of which is the total square footage of the land area of the real property to which the nonwater-dependent project is attached, and the numerator of which is the assessed land value of the real property to which the nonwater-dependent project is attached; and

(ii) Multiplying the rate calculated under §F(2)(b)(i) of this regulation by a percentage considered appropriate by the Board not to exceed 100 percent.

 

 

(c) In determining the appropriate percentage under §F(2)(b)(ii) of this regulation, the Board may consider:

(i) The extent to which the nonwater-dependent project is used on a seasonal or year-round basis;

(ii) The extent of the economic impact of the nonwater-dependent project on the local jurisdiction;

(iii) The nature and extent of the environmental impact of the nonwater-dependent project;

(iv) The extent to which the nonwater-dependent project and, if applicable, its roof or covering, are permanent or temporary;

(v) Any history of violation of the State Tidal Wetlands Law by the licensee;

(vi) Any real property lease rates for the area for a commercial activity similar to the licensee’s or any real property appraisals obtained by the licensee; and

(vii) Any other factor that the Board considers relevant.

G. Compensation received under this regulation is deposited into the Department’s Wetlands and Waterways Program Fund.

.13 Individual License Issuance.

A. Upon the Board’s favorable action, the Administrator shall:

(1) Prepare the individual license in accordance with the Board’s action;

(2) Transmit the license to the applicant for signature; and

(3) Advise the applicant in writing to sign and return the license to the Administrator, indicating acceptance of the terms and conditions.

B. If an applicant fails within 90 days of transmittal to sign and return an individual license to the Administrator, the Administrator shall notify the applicant in writing that the license is void.

C. Upon receipt of the signed original license, the Administrator shall sign and promptly transmit a copy of the fully signed license to the licensee and the Department.

D. The license is effective when fully signed.

E. Once issued, the license may be modified, suspended, or revoked by the Board in accordance with Regulations .15, .16, and .18 of this chapter.

F. Except for dredging or maintenance dredging, a license authorizes continuing use or structural occupation on State lands and waters if all conditions of the license are met.

.14 License Expiration.

A. Duration.

(1) A general license issued by the Department expires after 3 years, unless extended under Regulation .15 of this chapter.

(2) An individual license expires after 3 years unless:

(a) The Board authorizes a longer initial period for an individual license; or

(b) The license is extended under Regulation .15 of this chapter.

(3) Licenses authorizing periodic maintenance dredging are valid for a maximum period of 6 years.

(4) An emergency license has a period not to exceed the amount of time necessary to abate or mitigate the emergency.

B. Expiration. When the license expires, the licensee:

(1) Shall stop any incomplete activities authorized under the license; and

(2) Except for dredging or maintenance dredging, may continue use or structural occupation on State lands and waters, if all conditions of the license are met.

.15 License Extension.

A. The Department may extend a general license if the licensed activity remains an activity listed in Regulation .05A of this chapter.

B. The Administrator may extend an individual or an emergency license upon receipt of the licensee’s request under §E of this regulation and a favorable written recommendation by the Department, except for the following licenses:

(1) A license for maintenance dredging under Regulation .14A(3) of this chapter; or

(2) Individual licenses for which the Board granted a longer initial period under Regulation .14A(2)(a) of this chapter.

C. The Board may extend an individual license for which the Board granted a longer initial period under Regulation .14A(2)(a) of this chapter upon receipt of the licensee’s request under §E of this regulation and a favorable written recommendation from the Administrator and the Department.

D. Extension Period.

(1) The Department may grant a one-time extension of a general license for a period up to 3 years.

(2) The Administrator may grant a one-time extension of an individual or emergency license for a period up to 3 years.

(3) Additional extensions, beyond the one-time, 3-year extension and extensions under §B of this regulation may be approved by the Board after a recommendation by the Administrator.

E. A licensee shall request an extension in writing to the Department stating the following:

(1) Reason the structure or activity could not be constructed or performed within the license period;

(2) Revised schedule for completion of the structure or activity; and

(3) Assurances that all other State, federal, and local approvals either have not expired or have been authorized or extended.

F. An expired license may not be extended but requires reapplication under Regulation .06 of this chapter.

G. If a written request for extension is received at least 2 weeks before a license expires, the license will continue to be valid until a final decision is issued by either the Administrator or the Board, whichever is applicable.

.16 License Modification.

A. A licensee or the Department may request in writing that the description of the authorized structure or activity or the conditions of an individual or emergency license be modified and shall state the reason for the request.

B. The Administrator may modify an individual or emergency license if the Department provides a favorable written recommendation and:

(1) The modification is minor; or

(2) The Department determines that the structure or activity or the license conditions require modification to correct adverse environmental impacts.

C. A minor modification means:

(1) A reduction in the scope of the originally authorized work;

(2) Revisions to the project plans or specifications that are nominal and would otherwise be approved, and conditions at the site have not changed since the previous review; or

(3) Waiving or modifying time of year restrictions after consultation with the Department of Natural Resources.

D. After consulting with the Department, the Administrator shall either:

(1) Grant the modification request by revising the original license; or

(2) Deny the modification request in writing, including the reason for the denial and the procedure for appealing the modification denial.

E. After consulting with the Department, the Administrator may:

(1) Recommend approval to the Board of a license modification not qualifying for consideration under §B of this regulation; or

(2) Require the modification to be submitted as a reapplication under Regulation .06 of this chapter.

F. A new license issued after reapplication and approval supersedes the original license.

.17 License Transfer.

A. The Administrator may transfer a license upon receipt of a written request, with supporting documentation, from the new riparian landowner, the licensee’s successor in interest, or the new holder of the riparian rights.

B. The Administrator shall mail the new license to the licensee for signature.

C. Upon receipt of the signed license, the Administrator shall sign and promptly transmit a copy of the fully signed license to the licensee and the Department.

D. Terms and conditions of the transferred license remain the same as the original license.

.18 License Suspension or Revocation.

A. The Board or its designee may suspend or permanently revoke a license when the action is considered to be in the State’s interest, after consulting with the Administrator and the Department.

B. Grounds for suspension or revocation include:

(1) Violation of:

(a) Environment Article, Title 16, Annotated Code of Maryland;

(b) COMAR 26.24; or

(c) This chapter;

(2) Failure of a licensee to comply with the requirements of an administrative action or order of the Department issued under COMAR 26.24 or 26.08.02, when appropriate;

(3) Failure of a licensee to pay compensation imposed in accordance with Regulation .12 of this chapter;

(4) Violation of the license;

(5) Misrepresentation in the application or failure to disclose a relevant and material fact;

(6) Substantial deviation from the plans, specifications, or terms and conditions of a license;

(7) Failure of the licensee to permit a representative of the Department to enter the site to make reasonable inspection at a reasonable hour; or

(8) Circumstances when the licensee’s rights under a license have not vested and receipt of new information, changed site conditions, or amended regulatory requirements necessitate suspension or revocation.

.19 Appeals.

A. The Administrator shall promptly notify, by certified mail, the applicant and all other interested persons who provided written or oral comments to the Board of the Board’s action to grant, deny, modify, suspend, or revoke a license.

B. Within 30 days after receiving the Board’s decision, any person with standing may petition the circuit court in the county where the land is located.

C. A person has standing to file a petition under §B of this regulation if the person:

(1) Meets the threshold standing requirements under federal law; and

(2) Is the applicant or participated in the public process through the submission of written or oral comments, unless an opportunity for public participation was not provided.

D. The Board shall compile the record that was before them and submit it to the circuit court where the petition was filed.

E. An appeal is a petition for judicial review and shall be conducted in accordance with Environment Article, Title 1, Subtitle 6, Annotated Code of Maryland, and is not a contested case hearing under State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

JOHN GONTRUM
Executive Secretary

 

 

Special Documents

 

DEPARTMENT OF THE ENVIRONMENT

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

[21-07-14]

 

WATER AND SCIENCE ADMINISTRATION

Water Quality Certification 20-WQC-0045

 

Anne Arundel County Department of Public Works

2662 Riva Road

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-0045.

 

Location: Beverly Triton Park, 1202 Triton Beach Road, Edgewater, Maryland 21037 in the Chesapeake Bay.

 

The purpose of the project is to provide shoreline erosion control and beach maintenance at Beverly Triton Beach.  Shoreline erosion control at four reaches: [Reach 1 and 2] To extend the length of 16 existing breakwaters within a maximum of 261 feet channelward of the mean high water line. [Reach 3] To construct a 202-foot long by 25-foot wide (average) sand containment breakwater; and to fill, grade, and plant 0.073 acre, each, of high and low marsh vegetation along 219 feet of eroding shoreline with 550 cubic yards of sand within a maximum of 110 feet channelward of the mean high water line. [Reach 6] To remove an existing 130-foot long by 10-foot wide dilapidated concrete groin and replace it with a 243-foot long by 30-foot wide curved sand containment groin; and to fill, grade, and plant 0.144 acre of high marsh vegetation along 224 feet of eroding shoreline with 1275 cubic yards of sand within a maximum of 257 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.

[21-07-15]

 

WATER AND SCIENCE ADMINISTRATION

Water Quality Certification 20-WQC-0048

 

Maryland Department of Natural Resources

c/o Perry Otwell

580 Taylor Avenue

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-0048.

Location: Franklin Point Park, 5955 Shady Side Road, Shady Side, MD in the Chesapeake Bay. The purpose of the project is to provide shoreline erosion control and coastal resilience for this state park.  To construct a living shoreline along 1,060 linear feet on the Chesapeake Bay, to emplace approximately 10,000 cubic yards of clean sand, and plant approximately 72,400 square feet of marsh vegetation, all extending a maximum of 170 feet channelward of the existing mean high water line.  The applicant proposes to construct four sand containment structures with two vents: a 350-foot long by 19-foot wide sill approximately 2.5 feet below mean high water; a 200-foot long by 22-foot wide breakwater approximately 3.5 feet above mean high water; and a 325-foot long by 22-foot wide breakwater approximately 3.5 feet above mean high water that curves into a 90-foot long by 23-foot wide groin approximately 3 feet above mean high water.

 

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.

[21-07-16]

 

WATER AND SCIENCE ADMINISTRATION

Water Quality Certification 20-WQC-0049

 

Calvert County Board of County Commissioners

Calvert Soil Conservation District

PO Box 657

Prince Frederick, MD 20678

 

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-0049.

 

Location: Breezy Point Park, 5300 Breezy Point Road, Chesapeake Beach, MD 20732, on the Chesapeake Bay. The purpose of the project is to provide public beach nourishment and erosion control.  To construct six breakwater structures with lengths varying from 92 feet to 105 feet, and most widths at 30 feet approximately 3.5-feet above mean high water; and to fill, grade, and plant 1.42 acres of high marsh vegetation along 1400 feet of eroding shoreline with 27,300 cubic yards of sand within a maximum of 174 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. 

[21-07-17]

 

WATER AND SCIENCE ADMINISTRATION

Water Quality Certification 20-WQC-0052

 

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-0052

 

Location: In the tidal waters of Deep Creek channelward of the Lake Claire and Lake Claire Drive.

 

The purpose the shoreline from erosion, provide resiliency for storm surges and climate change, and contribute to improvements in water quality. Construct an 80-foot long batten board growing adjacent to an existing pier extending a maximum of 80 feet channelward of the mean high water line; Emplace three oyster reef clusters consisting of twenty five 24-inch structures and twenty 36-inch structures, to be seeded, within a maximum of 225 feet channelward of the mean high water line; Emplace two inverted root wad clusters consisting of a total of 38 upside-down trees driven into the substrate extending a maximum of 150 feet channelward of the mean high water line; Emplace nine cubic yards of sand plant a total of .05 acres of low marsh, .05 acres of high marsh, and .02 acres of dune habitat, as depicted on the attached plans; Emplace one pile to depict warning signage.

 

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

[21-07-18]

 

WATER AND SCIENCE ADMINISTRATION

Water Quality Certification 20-WQC-0053

 

Somerset County Planning

c/o Gary Pusey

11916 Somerset Ave, Rm 211

Princess Anne, Maryland 21853

 

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-0053.

 

Location: The project is located in the Tangier Sound off of Crowell Road, Deal Island, in Somerset County, Maryland.90

 

The purpose of the project is to protect an eroding shoreline and contribute to improvements in water quality. 

1.   Stabilize approximately 1,100 linear feet of shoreline as depicted on plans dated February 2019 and described below:

a. Construct a 250-foot-long by 21-foot wide headland breakwater within a maximum of 130 feet channelward of the mean high water line;

b. Construct a 160-foot long by 16-foot wide breakwater within a maximum of 110 feet channelward of the mean high water line;

c. Construct a 180-foot long by 16-foot wide breakwater within a maximum of 100 feet channelward of the mean high water line;

d. Construct a 200-foot long by 25-foot wide spur breakwater all within a maximum of 135 feet channelward of the mean high water line; and

e. Deposit and grade approximately 8,490 cubic yards of clean, select sand and plant 37,577 square feet of Spartina patens and 42,529 square feet of beach grass all within a maximum of 110 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: Mary Phipps-Dickerson at Mary.Phipps-Dickerson@maryland.gov or (410) 901-4033.

[21-07-19]

 

WATER AND SCIENCE ADMINISTRATION

Water Quality Certification 20-WQC-0054

 

Chesapeake Bay Foundation

 c/o Willy Agee

6 Herndon Ave,

Annapolis, MD 61403

 

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-0054.

 

Location: 1917 Holly Beach Farm Road, Annapolis, Anne Arundel County, MD 21409

 

The purpose of the project is to control shoreline erosion, create and improve habitat, and contribute to improvements in water quality. 

1. Construct 1,789 linear feet of segmented breakwaters extending a maximum of 70 feet channelward of the mean high water line; install woody debris features; fill and grade with 6,075 cubic yards of sand along 1,993 feet of eroding shoreline and plant with approximately 70,534 square feet marsh vegetation; and

2. Remove or bury existing shoreline structures as needed during construction.

 

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 and 410-537-3789

[21-07-20]

 

WATER AND SCIENCE ADMINISTRATION

Water Quality Certification 20-WQC-1438

 

D.R. Horton, Inc.

181 Harry S. Truman Parkway, Suite 250

Annapolis, MD 21401

 

Add’l. Info: Pursuant to COMAR 26.02.02.10F(3)(c), The Maryland Department of the Environment is providing notice of its issuance of a Water Quality Certification 20-WQC-1438.

 

Location: East of US-301, west of Radio Station Road, and north of Charles Street near La Plata in Charles County.

 

The purpose of the project is to construction a 1,021-acre planned community including residential, commercial, and educational properties as well as associated infrastructure. 

 

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: Mieko Camp at mieko.camp@marylan.gov or 410-537-3691.

[21-07-21]

 

WATER AND SCIENCE ADMINISTRATION

Water Quality Certification 21-WQC-0003

 

Delmarva Power

401 Eagle Run Road

Newark, DE 19714

 

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 21-WQC-0003.

 

Location: Cambridge Substation to East New Market Substation in Dorchester County

 

The purpose of the project is to rebuild the existing electric line (Circuit 6719) from the Cambridge Substation to the East New Market Substation.

1. Temporary impacts to 211,723 square feet of nontidal wetlands, 212,707 square feet of 25-foot nontidal wetland buffer, 1,201 square feet of 100-year floodplain; permanent impacts to 351 square feet of nontidal wetlands318 square feet of 25-foot nontidal wetland buffer and 6 square feet of 100-year floodplain; and

2. 218 linear feet of electric line above Indian Creek (Tidal Waters).

 

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:  William Seiger at william.seiger@maryland.gov or 410-537-3821.

[21-07-22]

 

MARYLAND HEALTH CARE COMMISSION

REQUIRED MARYLAND MEDICAL ASSISTANCE PARTICIPATION RATES FOR NURSING HOMES BY REGION AND JURISDICTION: FISCAL YEAR 2019

Region/Jurisdiction

Required Medicaid  Participation Rate*

Western Maryland

 

50.1

Allegany County

59.6

 

Carroll County

48.1

 

Frederick County

42.6

 

Garrett County

61.4

 

Washington County

48.4

 

 

Montgomery County

44.9

 

 

Southern Maryland

 

44.4

Calvert County

44.4

 

Charles County

52.8

 

Prince  Georges County

42.3

 

St Mary’s County

47.1

 

 

Central Maryland

 

49.1

 

Anne Arundel County

42.0

 

Baltimore City

57.5

 

Baltimore County

45.0

 

Harford County

51.0

 

Howard County

49.6

 

 

Eastern Shore

 

55.1

 

Caroline County

62.1

 

Cecil County

49.1

 

Dorchester County

64.7

 

Kent County

49.1

 

Queen Anne’s County

57.2

 

Somerset County

63.1

 

Talbot County

51.0

 

Wicomico County

56.4

 

Worcester County

52.3

 

 

MD Total

48.3

 

* Participation Rates are based on weighted mean Medicaid participation (calculated as total county Medicaid days divided by total county patient days) minus 14.8%.

Source:  Maryland Health Care Commission, 2019 Long Term Care Survey, 2019 Nursing Home Bed Inventory Records; Maryland Medical Assistance Program, unaudited 2019 cost reports.

 

REQUIRED MARYLAND MEDICAL ASSISTANCE PARTICIPATION RATES FOR NURSING HOMES BY REGION AND JURISDICTION: FISCAL YEAR 2019

 

Region/Jurisdiction 

 

Required Medicaid  Participation Rate*

Western Maryland

 

50.1

Allegany County

59.6

 

Carroll County

48.1

 

Frederick County

42.6

 

Garrett County

61.4

 

Washington County

48.4

 

 

Montgomery County

44.9

 

 

Southern Maryland

 

44.4

Calvert County

44.4

 

Charles County

52.8

 

Prince  Georges County

42.3

 

St Mary’s County

47.1

 

 

Central Maryland

 

49.1

 

Anne Arundel County

42.0

 

Baltimore City

57.5

 

Baltimore County

45.0

 

Harford County

51.0

 

Howard County

49.6

 

 

Eastern Shore

 

55.1

 

Caroline County

62.0

 

Cecil County

49.0

 

Dorchester County

64.7

 

Kent County

49.1

 

Queen Anne’s County

57.2

 

Somerset County

63.1

 

Talbot County

51.0

 

Wicomico County

56.4

 

Worcester County

52.3

 

 

MD Total

48.3

 

* Participation Rates are based on weighted mean Medicaid participation (calculated as total county Medicaid days divided by total county patient days) minus 14.8%.

Source:  Maryland Health Care Commission, 2019 Long Term Care Survey, 2019 Nursing Home Bed Inventory Records; Maryland Medical Assistance Program, unaudited 2019 cost reports.

[21-07-38]

 

AVERAGE ANNUAL BED OCCUPANCY RATE AND AVERAGE ANNUAL NUMBER OF LICENSED NURSING HOME BEDS BY JURISDICTION AND REGION: MARYLAND, FISCAL YEARS 2017 — 2019

 

 

Average Annual Occupancy (%) *

Average Annual Number  of Beds **

Region/Jurisdiction

FY 2017

FY 2018

FY 2019

FY 2017

FY 2018

FY 2019

Western Maryland

 

87.2

87.1

85.7

3,954

4,187

4,204

 

Allegany County

85.0

84.9

82.4

840

908

908

 

Carroll County

89.7

87.7

86.0

831

921

921

 

Frederick County

87.4

87.5

86.8

1,020

1,081

1,078

 

Garrett County

86.3

87.3

85.5

316

316

316

 

Washington County

87.0

88.2

87.5

947

960

981

 

 

 

 

 

 

 

 

Montgomery County

 

86.5

84.6

84.7

 

4,520

4,546

4538

 

 

 

 

 

 

 

 

Southern Maryland

 

90.8

89.3

89.4

 

4,190

4,254

4,306

 

Calvert County

77.2

79.3

80.3

309

292

292

 

Charles County

91.4

91.5

94.1

492

495

498

 

Prince Georges County

91.7

88.9

88.8

2,826

2,904

2,953

 

St Mary’s County

93.3

94.6

93.4

563

563

563

 

 

 

 

 

 

 

 

Central Maryland

 

88.8

88.0

86.7

12,160

12,152

12,164

 

Anne Arundel County

88.3

87.0

85.7

1,768

1,764

  1,764

 

Baltimore City

90.8

90.4

88.4

 

3,711

3,709

3,721

 

Baltimore County

87.2

86.9

85.8

5,345

5,315

5,292

 

Harford County

90.4

87.5

83.8

769

769

783

 

Howard County

90.9

87.9

90.4

567

595

604

 

 

 

 

 

 

 

 

Eastern Shore

 

82.5

81.6

80.1

 

2,544

2,587

2,640

 

Caroline County

81.5

82.3

81.7

187

187

193

 

Cecil County

89.6

90.1

92.4

376

401

466

 

Dorchester County

81.4

78.2

78.1

239

239

   233

 

Kent County

81.7

78.3

76.1

228

228

228

 

Queen Anne’s County

79.7

84.9

76.0

120

120

120

 

Somerset County

89.6

86.7

88.9

211

211

211

 

Talbot County

79.7

77.6

71.0

269

269

269

 

Wicomico County

80.0

79.1

76.6

608

624

613

 

Worcester County

79.7

78.4

75.6

307

307

307

 

 

 

 

 

 

 

 

MD Total

87.9

86.9

86.0

27,369

27,725

27,852

 

* Licensed Beds Occupancy Rate is based on a ratio of total patient days to total available licensed nursing home days, which excludes temporarily delicensed beds.

** Average Annual Number of Beds is calculated by dividing the total available days by 365 days in FY 2017, FY 2018 and FY 2019.

Source:  Maryland Health Care Commission, 2017-2019 Long Term Care Survey; 2017-2019 Nursing Home Inventory Records; Maryland Medical Assistance Program, unaudited 2017- 2019 cost reports.

 

[21-07-39]

 

DEPARTMENT OF STATE POLICE

HANDGUN ROSTER BOARD

Proposed Additions to Handgun Roster and Notice of Right to Object or Petition

     The following is a list of handguns that the Handgun Roster Board proposes to add to the official handgun roster. These handguns will be officially placed on the Handgun Roster if no timely objection is received or if all timely objections are dismissed.

     Under the Public Safety Article, §5-405, Annotated Code of Maryland, and COMAR 29.03.03.13 and .14, any person may object to the placement of any of those handguns on the Handgun Roster. Objections must be filed within 30 days after March 26, 2021. In addition, any person may petition for the placement of an additional handgun on the Handgun Roster. Forms for objections or petitions may be obtained from: Rachel Rosenberg, Administrator, Handgun Roster Board, 1201 Reisterstown Road, Baltimore, Maryland 21208 (Phone: 410-653-4247).

 

Make

Model

Model No.

Caliber

Additional Comments

FA Cugir (M+M, Inc.)

M10-762P

MO-MMI-M10-762P

7.62X39 mm

 

E.A.A./F. TANFOGLIO

WITNESS STOCK III (ELITE)

600580 (10 mm), 600585 (45 ACP), 600590 (40 S&W)

10 mm, 45 ACP, 40 S&W

Model number and caliber addition

MOSSBERG

MC2c

89014, 89016, 89020

9 mm

Model number addition

SCCY INDUSTRIES

CPX-1

CPX-1 (TTWT)

9 mm

Model number addition

SIG SAUER/SIGARMS INC.

P229 LEGION RXP

E29R-9-LEGION-RXP

9 mm

Model addition

SMITH & WESSON

PERFORMANCE CENTER PORTED M&P 40 M2.0 C.O.R.E.

11832

40 S&W

Model addition

MOSSBERG

590 SHOCKWAVE

50637

20 Gauge

Model number addition

STURM RUGER

RUGER AMERICAN

8649 COMPACT

45 ACP

Model number addition

COLT/COLTS MFG. CO., INC.

GOLD CUP SERIES

TROPHY (O5070CCC)

45 ACP

Model number addition

Aldo Uberti & Co. (Stoeger Ind.)

Cattleman II

356410

45 LC

Model number addition

CMMG, INC.

MKGS BANSHEE

99A5188

9 mm

Model number addition

SPRINGFIELD ARMORY/INC.

1911 RONIN OPERATOR

PX9118L

45 ACP

Model number addition

STURM RUGER

EC9S

13202

9 mm

Model number addition

TAURUS

G2 S

1-G2S4031T

40 S&W

Model number addition

SMITH & WESSON

386 NIGHT GUARD

163424

357 Mag

Model addition

SHARPS BROS / RIFLE DYNAMICS

704M PISTOL

NMN

7.62X39mm

Model addition

SCCY INDUSTRIES

CPX-1

CPX-1 (CBOR)

9 mm

Model number addition

PALMETTO STATE ARMORY

AK-47 GF3 Pistol

5165500968, 5165500469, 5165500468, 5165500467

7.62X39mm

Model addition

WILSON COMBAT

Experior

XPD-COPR-9A

9 mm

 

SCCY INDUSTRIES

CPX-2

CPX-2 (CBSGRD)

9 mm

Model number addition

STURM RUGER

WRANGLER

2023

22 LR

Model number addition

GIRSAN (EAA)

MC 1911 SC

390045

9 mm

Model addition

COLT/COLTS MFG. CO., INC.

GOLD CUP SERIES

National Match (O5870NMD)

45 ACP

Model number addition

KIMBER

MICRO 9

MICRO 9 RAPIDE (3300223)

9 mm

Model number addition

GLOCK

22

22 GEN 5 MOS

40 S&W

Model number addition

Israel Weapons Industries (I.W.I.)

Jericho 941

941R9

9 mm

Model number addition

SARSILMAZ (SAR USA)

CM9 (GEN 1)

CM9G1BL

9 mm

Model addition

BRNO OR CZ

CZ P-09

01268

9 mm

Model number addition

CZ USA

P-10 F

01544

9 mm

Model number addition

SMITH & WESSON

M&P 9 SHIELD

13383 (SKU#) Bug Out Bag Bundle

9 mm

Model addition

GLOCK

43X

43X MOS

9 mm

Model number addition

COLT/COLTS MFG. CO., INC.

1911 GOVERNMENT MODEL CLASSIC

O1911C Z (West Point Class of 2021)

45 ACP

Model number addition

REMINGTON ARMS CO., INC.

700 (CHASSIS PISTOL)

96810

300 BLK

Model number and caliber addition

Chambers Custom Pistols

2019

NMN

9 mm

 

CABOT GUNS

Nero

NMN

9 mm

 

ALDO UBERTI & CO. (CIMARRON ARMS)

Pistoleer

MP401B1401

357 Mag, 38 Spl

Model addition

WILSON COMBAT/SIG SAUER

WCP320

SIG-WCP320C-9BATS

9 mm

Model number addition

MOSSBERG

590 SHOCKWAVE

50639

12 Gauge

Model number addition

SCCY INDUSTRIES

CPX-1

CPX-1 (CBRD)

9 mm

Model number addition

CITADEL

M1911 A1-FS

CIT10MMFSP

10 mm

Model number and caliber addition

ISRAEL WEAPONS INDUSTRIES (I.W.I.)

GALIL ACE SAR (PISTOL)

N/A

5.45X39 mm

Caliber addition

TISAS (SDS IMPORTS)

ZIG M1

1911 A1 US Army (1911A1A9)

9 mm

Model number addition

SIG SAUER/SIGARMS INC.

P226

Legion RXP (226R-9-LEGION-RXP)

9 mm

Model number addition

TAURUS S.A. FORJAS (TAURUS INTERNATIONAL INC.)

856 ULTRA-LITE

2-856021UL

38 Spl

Model number addition

E.A.A./F. TANFOGLIO

WITNESS HUNTER

600250

10 mm

Model number addition

FUSION FIREARMS, INC.

Bantam

Freedom-Bantam

    

9 mm, 45 ACP

Model addition

FUSION FIREARMS, INC.

Bantam-R

Freedom-Bantam-R

9 mm, 45 ACP

Model addition

FUSION FIREARMS, INC.

Riptide-C

Freedom-Riptide-C

9 mm, 45 ACP, 10 mm, 40 S&W

Model addition

FUSION FIREARMS, INC.

Riptide

Freedom-Riptide

9 mm, 45 ACP, 10 mm, 40 S&W

Model addition

FUSION FIREARMS, INC.

CCO

Freedom-CCO

9 mm, 45 ACP, 10 mm, 40 S&W

Model addition

FUSION FIREARMS, INC.

Combat

Freedom-Combat

9 mm, 45 ACP, 10 mm, 40 S&W

Model addition

FUSION FIREARMS, INC.

Gold

Freedom-Gold

9 mm, 45 ACP, 10 mm, 40 S&W

Model addition

FUSION FIREARMS, INC.

Reaction

Freedom-Reaction

9 mm, 45 ACP, 10 mm

Model addition

FUSION FIREARMS, INC.

Government GI

Freedom-Government

9 mm, 45 ACP, 10 mm

Model addition

FUSION FIREARMS, INC.

Longslide

Freedom-Longslide

9 mm, 45 ACP, 10 mm

Model addition

ATLAS GUNWORKS, INC.

 

Hyperion

NMN

9 mm

Model addition

SPRINGFIELD ARMORY/INC.

1911 RONIN OPERATOR

PX9121L

10 mm

Model number and caliber addition

SMITH & WESSON

PERFORMANCE CENTER M&P 40 M2.0

11825

40 S&W

Model addition

SIG SAUER/SIGARMS INC.

P365 XL

365XL-9-BXR3-MS, 365XL-9-BXR3-MS-10

9 mm

Model number addition

GERMAN SPORT GUNS (AMERICAN TACTICAL)

FIREFLY

GERG2210TFFL, GERG2210FFS, GERG2210TFFS, GERG2210FFL

22 LR

Model number addition

ED BROWN PRODUCTS

KOBRA CARRY

KC18-SS

9 mm

Caliber addition

SMITH & WESSON

PERFORMANCE CENTER M&P 45 M2.0

11710

45 ACP

Model addition