Capitol Building Maryland Register

Issue Date: January 10, 2014

Volume 41 • Issue 1 • Pages 1-79

IN THIS ISSUE

General Assembly

Judiciary

Regulatory Review and Evaluation

Regulations

Errata

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Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before December 23, 2013 5 p.m.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 December 23, 2013.
 
Brian Morris
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 www.dsd.state.md.us/CumulativeIndex.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.

Martin O’Malley, Governor; John P. McDonough, Secretary of State; Brian Morris, Acting Administrator; Gail S. Klakring, Senior Editor; Mary D. MacDonald, 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 ..........................................................................  5

 

COMAR Research Aids

Table of Pending Proposals ...............................................................  6

 

Index of COMAR Titles Affected in This Issue

COMAR Title Number and Name                                                  Page

03        Comptroller of the Treasury ...........................................  12, 14

05        Department of Housing and Community
               Development .....................................................................  12

07        Department of Human Resources ........................................  16

08        Department of Natural Resources ........................................  17

09        Department of Labor, Licensing, and Regulation .................  12

10        Department of Health and Mental Hygiene ....................  13, 20

11        Department of Transportation ..............................................  37

18        Department of Assessments and Taxation ...........................  13

21        State Procurement Regulations .............................................  42

26        Department of the Environment ...........................................  47

27        Critical Area Commission for the Chesapeake and Atlantic Coastal Bays     60

31        Maryland Insurance Administration ...............................  13, 63

36        Maryland State Lottery and Gaming Control
               Agency ..............................................................................  64

 

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 Division of State Documents

DEPOSITORIES FOR DOCUMENTS INCORPORATED BY
   REFERENCE............................................................................. 9

 

The Judiciary

COURT OF APPEALS OF MARYLAND

DISCIPLINARY PROCEEDINGS......................................... 10

SCHEDULE.............................................................................. 10

 

Regulatory Review and Evaluation

MARYLAND INSURANCE ADMINISTRATION

LONG-TERM CARE

Opportunity for Public Comment.......................................... 11

 

Final Action on Regulations

03  COMPTROLLER OF THE TREASURY

INCOME TAX

Electronic Filing Requirements for Business Tax Credits.......... 12

05  DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

NEIGHBORHOOD BUSINESS DEVELOPMENT

Business Development Program................................................ 12

Main Street Improvement Program............................................ 12

COMMUNITY LEGACY

Community Legacy Program..................................................... 12

09  DEPARTMENT OF LABOR, LICENSING, AND REGULATION

DIVISION OF LABOR AND INDUSTRY

Wage and Hour Law.................................................................. 12

BOARD OF ARCHITECTS

Fees........................................................................................... 13

10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE

HOSPITALS

Related Institutions — Residential Treatment Centers for
   Emotionally Disturbed Children and Adolescents.................. 13

Forensic Residential Centers (FRCs) 13

License Fee Schedule for Hospitals and Related
   Institutions.............................................................................. 13

Intermediate Care Facilities for Individuals with
   Intellectual Disabilities or Persons with Related
   Conditions (ICF/IID).............................................................. 13

ADULT HEALTH

Day Care for the Elderly and Adults with a Medical
   Disability................................................................................ 13

18  DEPARTMENT OF ASSESSMENTS AND TAXATION

REAL PROPERTY ASSESSMENTS

Agricultural Use Assessments................................................... 13

31  MARYLAND INSURANCE ADMINISTRATION

HEALTH INSURANCE — GENERAL

Uniform Credentialing Form..................................................... 13

 

Proposed Action on Regulations

03  COMPTROLLER OF THE TREASURY

OFFICE OF THE COMPTROLLER

Tax Payments — Immediately Available Funds........................ 14

INCOME TAX

General Regulations................................................................... 14

Individual................................................................................... 14

Maryland Research Development Tax Credit............................ 14

07  DEPARTMENT OF HUMAN RESOURCES

FAMILY INVESTMENT ADMINISTRATION

Correction of Payment Irregularities.......................................... 16

08  DEPARTMENT OF NATURAL RESOURCES

FISHERIES SERVICE

Snapping Turtles........................................................................ 17

WILDLIFE

Wildlife Damage Control Permits.............................................. 18

BOATING — SPEED LIMITS AND OPERATION OF
   VESSELS

Patuxent River........................................................................... 19

10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE

PROCEDURES

Fees for Community Health Programs...................................... 20

HOUSING

Certification for Youth Camps................................................... 20

SANITATION

Public Swimming Pools and Spas............................................. 20

CANCER CONTROL

Reimbursement for Breast and Cervical Cancer Diagnosis
   and Treatment......................................................................... 28

Maryland Cancer Fund.............................................................. 33

BOARD OF NURSING

Practice of Nurse Midwifery..................................................... 34

HEALTH SERVICES COST REVIEW COMMISSION

Uniform Accounting and Reporting System for Hospitals
   and Related Institutions........................................................... 36

Uniform Accounting and Reporting System for Hospitals
   and Related Institutions........................................................... 36

11  DEPARTMENT OF TRANSPORTATION

MARYLAND PORT ADMINISTRATION

The World Trade Center Baltimore Building and
   Grounds.................................................................................. 37

MARYLAND TRANSPORTATION AUTHORITY

Transportation of Hazardous Materials...................................... 40

Permits for Towing, Road Service, and Storage of
   Vehicles.................................................................................. 41

Towing of Vehicles on Maryland Transportation Authority
   Property.................................................................................. 41

21  STATE PROCUREMENT REGULATIONS

GENERAL PROVISIONS

Terminology.............................................................................. 42

Applicability.............................................................................. 42

STATE PROCUREMENT ORGANIZATION

Board of Public Works.............................................................. 42

STATE PROCUREMENT REGULATIONS AND
   CONTRACTS

General Regulations................................................................... 42

PROCUREMENT METHODS AND PROJECT DELIVERY
   METHODS

Small Procurement Regulations ($25,000 or Less).................... 42

CONTRACT FORMATION AND AWARD

Bid and Contract Security/Bonds............................................... 42

SOCIOECONOMIC POLICIES

Minority Business Enterprise Policies....................................... 42

Procurement from Maryland Correctional Enterprises, Blind
    Industries and Services of Maryland, and Community
    Service Providers................................................................... 42

Miscellaneous Purchasing Preferences...................................... 42

American-Manufactured Goods and Services—Preference....... 42

PROCUREMENT REPORTING REQUIREMENTS

Reporting Requirements............................................................ 42

26 DEPARTMENT OF THE ENVIRONMENT

REGULATION OF WATER SUPPLY, SEWAGE DISPOSAL,
   AND SOLID WASTE

Composting Facilities................................................................ 47

27 CRITICAL AREA COMMISSION FOR THE
   CHESAPEAKE AND ATLANTIC COASTAL BAYS

CRITERIA FOR LOCAL CRITICAL AREA PROGRAM
   DEVELOPMENT

Development in the Critical Area............................................... 60

31  MARYLAND INSURANCE ADMINISTRATION

HEALTH INSURANCE — GENERAL

Uniform Claims Forms.............................................................. 63

Utilization Review of Treatment for Autism and Autism
   Spectrum Disorders................................................................ 63

36  MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY

LOTTERY PROVISIONS

Specific Game Provisions.......................................................... 64

TABLE GAMES

General...................................................................................... 64

Table Game Equipment.............................................................. 64

 

Errata

COMAR 10.09.11.02.................................................................... 67

COMAR 10.09.24.15.................................................................... 67

COMAR 10.43.14.06.................................................................... 67

 

General Notices

MARYLAND STATE ARTS COUNCIL

Public Meeting........................................................................... 68

ATHLETIC COMMISSION

Public Meeting........................................................................... 68

DEPARTMENT OF DISABILITIES/COMMISSION ON
   DISABILITIES

Public Meeting........................................................................... 68

BOARD OF MASTER ELECTRICIANS

Public Meeting........................................................................... 68

STATE BOARD OF STATIONARY ENGINEERS

Public Meeting........................................................................... 68

BOARD OF FORESTERS

Public Meeting........................................................................... 68

DEPARTMENT OF HEALTH AND MENTAL HYGIENE

Public Meeting........................................................................... 68

BOARD OF HEATING, VENTILATION, AIR-
   CONDITIONING, AND REFRIGERATION
   CONTRACTORS (HVACR)

Public Meeting........................................................................... 68

FACILITIES ADVISORY BOARD — JUVENILE SERVICES

Public Meeting........................................................................... 68

STATE ADVISORY BOARD FOR JUVENILE SERVICES

Public Meeting........................................................................... 68

MARYLAND LOTTERY AND GAMING CONTROL
   COMMISSION

Public Meeting........................................................................... 68

MARYLAND HEALTH CARE COMMISSION

Public Meeting........................................................................... 68

Public Meeting........................................................................... 68

Public Meeting........................................................................... 69

Public Meeting........................................................................... 69

Notice of Request for Proposed Project Change to Approved
   CON....................................................................................... 69

NORTHEAST MARYLAND WASTE DISPOSAL
   AUTHORITY

Public Meetings Notice Procedure............................................. 69

TASK FORCE TO STUDY A POST LABOR DAY START
   DATE FOR MARYLAND PUBLIC SCHOOLS

Public Meeting........................................................................... 69

BOARD OF PUBLIC ACCOUNTANCY

Public Meeting........................................................................... 69

STATE ADVISORY COUNCIL ON QUALITY CARE AT
   THE END OF LIFE

Public Meeting........................................................................... 69

COMMISSION OF REAL ESTATE APPRAISERS AND
   HOME INSPECTORS

Public Meeting........................................................................... 69

BOARD OF WATERWORKS AND WASTE SYSTEMS
   OPERATORS

Public Meeting........................................................................... 69

WORKERS' COMPENSATION COMMISSION

Public Meeting........................................................................... 69

 

 

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.sos.state.md.us, Division of State Documents, or call us at (410) 974-2486 or 1 (800) 633-9657.

 

Availability of Monthly List of
Maryland Documents

        The Maryland Department of Legislative Services receives copies of all publications issued by State officers and agencies. The Department prepares and distributes, for a fee, a list of these publications under the title ‘‘Maryland Documents’’. This list is published monthly, and contains bibliographic information concerning regular and special reports, bulletins, serials, periodicals, catalogues, and a variety of other State publications. ‘‘Maryland Documents’’ also includes local publications.

        Anyone wishing to receive ‘‘Maryland Documents’’ should write to: Legislative Sales, Maryland Department of Legislative Services, 90 State Circle, Annapolis, MD 21401.

 

CLOSING DATES AND ISSUE DATES through JULY 25, 2014

Issue
Date

Emergency

and Proposed

Regulations

5 p.m.*

Final

Regulations

10:30 a.m.

Notices, etc.

10:30 a.m.

January 24**

January 6

January 14

January 13

February 7**

January 17

January 29

January 27

February 21

February 3

February 12

February 10

March 7**

February 14

February 26

February 24

March 21

March 3

March 12

March 10

April 4

March 17

March 26

March 24

April 18

March 31

April 9

April 7

May 2

April 14

April 23

April 21

May 16

April 28

May 7

May 5

May 30

May 12

May 21

May 19

June 13**

May 23

June 4

June 2

June 27

June 9

June 18

June 16

July 11

June 23

July 2

June 30

July 25

July 7

July 16

July 14

 

*   Due date for documents containing 8 to 18 pages — 48 hours before date shown; due date for documents exceeding 18 pages — 1 week before date shown

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

** Note closing date changes

***   Note issue date and closing date changes

The regular closing date for Proposals and Emergencies is Monday.

 

 

RegCodificationSystem

Cumulative Table of COMAR Regulations
Adopted, Amended, or Repealed

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

Table of Pending Proposals

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

 

01 EXECUTIVE DEPARTMENT

 

01.02.08.03 • 40:17 Md. R. 1423 (8-23-13)

 

02 OFFICE OF THE ATTORNEY GENERAL

 

02.01.11.01—.05 • 40:17 Md. R. 1423 (8-23-13)

 

03 COMPTROLLER OF THE TREASURY

 

03.01.02.02,.05 • 41:1 Md. R. 14 (1-10-14)

03.01.04.01—.09 • 40:26 Md. R. 2167 (12-27-13)

03.03.05.01 • 40:21 Md. R. 1782 (10-18-13)

03.04.01.01 • 41:1 Md. R. 14 (1-10-14)

03.04.02.02,.03,.06,.15,.16 • 41:1 Md. R. 14 (1-10-14)

03.04.10.01,.04,.08 • 41:1 Md. R. 14 (1-10-14)

03.06.01.44,.46 • 40:26 Md. R. 2167 (12-27-13)

 

07 DEPARTMENT OF HUMAN RESOURCES

 

07.03.14.04,.05 • 41:1 Md. R. 17 (1-10-14)

07.07.05.03 • 40:26 Md. R. 2169 (12-27-13)

 

08 DEPARTMENT OF NATURAL RESOURCES

 

08.02.04.11 • 40:26 Md. R. 2169 (12-27-13)

08.02.05.07 • 40:26 Md. R. 2170 (12-27-13)

08.02.05.08 • 40:26 Md. R. 2171 (12-27-13)

08.02.05.24 • 40:24 Md. R. 2020 (12-2-13)

08.02.06.01 • 41:1 Md. R. 17 (1-10-14)

08.02.12.03 • 40:26 Md. R. 2172 (12-27-13)

08.02.22.02—.04 • 40:26 Md. R. 2172 (12-27-13)

08.03.15.24 • 41:1 Md. R. 18 (1-10-14)

08.07.03.04 • 40:23 Md. R. 1938 (11-15-13)

08.18.18.01—.06 • 40:26 Md. R. 2174 (12-27-13)

08.18.19.01—.04 • 40:26 Md. R. 2177 (12-27-13)

08.18.20.01—.04 • 41:1 Md. R. 19 (1-10-14)

08.19.01.03,.04 • 40:23 Md. R. 1939 (11-15-13)

08.19.02.04 • 40:23 Md. R. 1940 (11-15-13)

08.19.03.01 • 40:23 Md. R. 1940 (11-15-13)

 

09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION

 

09.01.09.01—.09 • 40:18 Md. R. 1492 (9-6-13)

09.10.01.07 • 40:24 Md. R. 2022 (12-2-13)

09.10.01.49 • 40:26 Md. R. 2179 (12-27-13)

09.10.02.08 • 40:24 Md. R. 2023 (12-2-13)

09.12.01.01-1 • 40:26 Md. R. 2180 (12-27-13) (ibr)

09.18.01.03 • 40:19 Md. R. 1553 (9-20-13)

09.19.02.04 • 40:25 Md. R. 2075 (12-13-13)

09.28.03.03 • 40:19 Md. R. 1556 (9-20-13)

09.34.05.01,.02 39:20 Md. R. 1315 (10-5-12)

09.34.06.01—.13 39:20 Md. R. 1315 (10-5-12)

09.34.07.01—.06 39:20 Md. R. 1315 (10-5-12)

09.34.08.01—.12 39:20 Md. R. 1315 (10-5-12)

09.34.09.01,.02 39:20 Md. R. 1315 (10-5-12)

09.35.01.01 • 40:23 Md. R. 1941 (11-15-13)

09.35.04.01—.10 • 40:18 Md. R. 1493 (9-6-13)

09.36.07.01,.07,.08 • 40:25 Md. R. 2076 (12-13-13)

09.41.01.01—.06 • 40:19 Md. R. 1557 (9-20-13)

09.41.02.01 • 40:19 Md. R. 1557 (9-20-13)

 

10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE

 

     Subtitles 01 — 08 (1st Volume)

 

10.01.17.02 • 41:1 Md. R. 20 (1-10-14)

10.01.21.02—.04 • 40:23 Md. R. 1942 (11-15-13)

10.04.05.01—.03 • 40:26 Md. R. 2181 (12-27-13)

10.07.01.01,.09,.24,.29 • 40:26 Md. R. 2181 (12-27-13) (ibr)

10.07.20.01—.03 • 40:11 Md. R. 988 (5-31-13)

 

     Subtitle 09 (2nd volume)

 

10.09.02.04 • 40:22 Md. R. 1881 (11-1-13)

10.09.03.03,.05 • 40:26 Md. R. 2183 (12-27-13)

10.09.06.09 • 40:25 Md. R. 2077 (12-13-13)

10.09.10.07-1 • 40:23 Md. R. 1943 (11-15-13)

10.09.12.07 • 40:23 Md. R. 1943 (11-15-13)

10.09.18.07 • 40:23 Md. R. 1944 (11-15-13)

10.09.22.01,.03—.05,.07 • 40:23 Md. R. 1945 (11-15-13)

10.09.53.01,.03—.07 • 40:14 Md. R. 1188 (7-12-13)

10.09.65.19 • 40:23 Md. R. 1947 (11-15-13)

10.09.66.06 • 40:14 Md. R. 1192 (7-12-13)

10.09.76.14 • 40:23 Md. R. 1947 (11-15-13)

10.09.84.01—.29 • 40:25 Md. R. 2078 (12-13-13)

10.09.86.01—.08 • 40:21 Md. R. 1830 (10-18-13)

 

     Subtitles 10 — 22 (3rd Volume)

 

10.14.02.02—.04,.07—.14,.22 • 41:1 Md. R. 28 (1-10-14)

10.14.05.02,.08,.14,.16 • 41:1 Md. R. 33 (1-10-14)

10.16.06.02,.06,.08,.09,.25 • 41:1 Md. R. 20 (1-10-14)

10.17.01.03,.05,.06,.08,.27,.28,.53 • 41:1 Md. R. 20 (1-10-14)

10.21.25.03,.03-2,.05—.13 • 40:20 Md. R. 1665 (10-4-13)

10.22.02.13 • 40:11 Md. R. 989 (5-31-13)

 

     Subtitles 23 — 36 (4th Volume)

 

10.24.01.01 • 39:25 Md. R. 1622 (12-14-12)

10.25.06.01—.19 • 40:24 Md. R. 2023 (12-2-13)

10.25.18.01—.09 • 40:24 Md. R. 2028 (12-2-13)

10.27.05.01—.13 • 41:1 Md. R. 34 (1-10-14)

10.27.09.04 • 40:22 Md. R. 1882 (11-1-13)

10.29.03.04 • 40:10 Md. R. 931 (5-17-13)

10.29.21.01—.11 • 40:23 Md. R. 1951 (11-15-13)

10.32.10.02,.06,.07,.14,.18,.19 • 40:26 Md. R. 2183 (12-27-13)

10.32.19.01—.05 • 40:23 Md. R. 1955 (11-15-13)

10.34.22.02,.03,.03-1,.05,.09—.11 • 40:8 Md. R. 742 (4-19-13)

10.34.32.02—.05,.07—.09 • 40:26 Md. R. 2185 (12-27-13)

10.36.08.06,.07 • 40:22 Md. R. 1883 (11-1-13)

 

     Subtitles 37—60 (5th Volume)

 

10.37.01.02 • 41:1 Md. R. 36 (1-10-14) (ibr)

10.37.01.03 • 41:1 Md. R. 36 (1-10-14)

10.37.04.01 • 40:24 Md. R. 2040 (12-2-13)

10.37.06.01 • 40:24 Md. R. 2041 (12-2-13)

10.41.01.02 • 40:26 Md. R. 2188 (12-27-13)

10.41.03.03 • 40:26 Md. R. 2189 (12-27-13)

10.42.01.02,.04—.06,.12,.14—.19 • 40:22 Md. R. 1884 (11-1-13)

10.44.22.04 • 40:20 Md. R. 1677 (10-4-13)

10.44.23.01 • 40:26 Md. R. 2190 (12-27-13)

10.44.27.04 • 40:19 Md. R. 1562 (9-20-13)

10.47.08.01—.11 • 40:26 Md. R. 2190 (12-27-13)

10.54.01.19 • 40:6 Md. R. 485 (3-22-13)

10.57.04.01 • 40:25 Md. R. 2086 (12-13-13)

10.57.07.01 • 40:25 Md. R. 2086 (12-13-13)

 

11 DEPARTMENT OF TRANSPORTATION

 

     Subtitles 01—10

 

11.03.01.13 • 40:26 Md. R. 2195 (12-27-13)

11.05.05.02,.03,.06,.09,.10 • 41:1 Md. R. 37 (1-10-14)

11.07.01.01,.02,.05,.06 • 41:1 Md. R. 40 (1-10-14)

11.07.03.01,.03 • 41:1 Md. R. 41 (1-10-14)

11.07.08.01 • 41:1 Md. R. 41 (1-10-14)

 

     Subtitles 11—22 (MVA)

 

11.11.05.02 • 39:22 Md. R. 1454 (11-2-12)

11.15.11.02,.03 • 40:23 Md. R. 1956 (11-15-13)

11.15.16.01-1,.02,.03,.05 • 40:23 Md. R. 1957 (11-15-13)

11.15.17.01—.03 • 40:23 Md. R. 1957 (11-15-13)

11.19.02.20,.32 • 40:25 Md. R. 2087 (12-13-13)

 

 

12 DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

 

12.02.16.01—.08 • 40:18 Md. R. 1498 (9-6-13)

12.04.01.07 • 40:26 Md. R. 2196 (12-27-13)

12.04.06.06 • 40:26 Md. R. 2197 (12-27-13)

12.10.01.01,.02,.04,.05,.08,.11,.13—.18,
     .20
• 40:14 Md. R. 1196 (7-12-13)

12.10.05.02 • 40:14 Md. R. 1196 (7-12-13)

12.10.06.06 • 40:26 Md. R. 2198 (12-27-13)

12.11.06.01—.08 • 40:20 Md. R. 1677 (10-4-13)

12.11.09.02—.05 • 40:19 Md. R. 1564 (9-20-13)

12.11.11.01—.15 • 40:18 Md. R. 1498 (9-6-13)

12.12.18.01—.08 • 40:18 Md. R. 1498 (9-6-13)

 

13A STATE BOARD OF EDUCATION

 

13A.08.01.11,.12,.15,.21• 40:25 Md. R. 2091 (12-13-13)

 

13B MARYLAND HIGHER EDUCATION COMMISSION

 

13B.07.01.02 • 40:23 Md. R. 1958 (11-15-13)

13B.07.04.02—.04 • 40:23 Md. R. 1958 (11-15-13)

 

14 INDEPENDENT AGENCIES

 

14.09.01.01—.10,.20.30,.31 • 40:24 Md. R. 2042 (12-2-13)

14.09.01.05—.09,.18,.19,.21—.25,
     .28
• 40:23 Md. R. 1959 (11-15-13)

14.09.01.05,.28 • 40:23 Md. R. 1959 (11-15-13)

14.09.01.06,.06-1,.08 • 40:23 Md. R. 1964 (11-15-13)

14.09.01.09,.21,.22 • 40:23 Md. R. 1962 (11-15-13)

14.09.01.18,.19,.21 • 40:23 Md. R. 1964 (11-15-13)

14.09.01.23—.25 • 40:23 Md. R. 1965 (11-15-13)

14.09.02.01—.07 • 40:23 Md. R. 1960 (11-15-13)

14.09.02.01—.11 • 40:23 Md. R. 1967 (11-15-13)

14.09.03.01—.08 • 40:23 Md. R. 1967 (11-15-13)

14.09.03.01—.15 • 40:23 Md. R. 1968 (11-15-13)

14.09.04.01,.02 • 40:23 Md. R. 1972 (11-15-13)

14.09.04.01—.04 • 40:23 Md. R. 1965 (11-15-13)

14.09.05.01—.12 • 40:23 Md. R. 1973 (11-15-13)

14.09.06.01—.04 • 40:23 Md. R. 1962 (11-15-13)

14.09.06.01—.05 • 40:23 Md. R. 1959 (11-15-13)

14.09.07.01—.12 • 40:23 Md. R. 1973 (11-15-13)

14.09.08.01—.08 • 40:23 Md. R. 1967 (11-15-13)

14.09.09.01—.04 • 40:23 Md. R. 1972 (11-15-13)

14.09.09.01—.16 • 40:23 Md. R. 1969 (11-15-13)

14.09.10.01—.03 • 40:23 Md. R. 1964 (11-15-13)

14.09.10.01—.12 • 40:23 Md. R. 1967 (11-15-13)

14.09.11.01—.05 • 40:23 Md. R. 1975 (11-15-13)

14.09.12.01—.07 • 40:23 Md. R. 1959 (11-15-13)

14.09.13.01—.12 • 40:23 Md. R. 1967 (11-15-13)

14.09.14.01—.11 • 40:23 Md. R. 1967 (11-15-13)

14.09.15.01—.06 • 40:23 Md. R. 1967 (11-15-13)

14.09.16.01—.16 • 40:23 Md. R. 1967 (11-15-13)

14.26.04.01—.13 • 40:23 Md. R. 1976 (11-15-13)

14.26.05.01—.07 • 40:23 Md. R. 1976 (11-15-13)

14.30.07.04 • 39:6 Md. R. 448 (3-23-12)

14.30.11.12 • 39:6 Md. R. 448 (3-23-12)

14.31.01.01—.09 • 40:26 Md. R. 2198 (12-27-13)

14.31.08.01—.09 • 40:26 Md. R. 2202 (12-27-13)

14.32.09.01—.16 • 40:19 Md. R. 1566 (9-20-13)

14.32.10.01—.04 • 40:19 Md. R. 1568 (9-20-13)

 

15 DEPARTMENT OF AGRICULTURE

 

15.14.01.03,.10-1 • 40:23 Md. R. 1976 (11-15-13)

15.14.03.01 • 40:23 Md. R. 1976 (11-15-13)

15.15.05.07 • 40:18 Md. R. 1504 (9-6-13)

15.20.04.11 • 40:21 Md. R. 1840 (10-18-13)

15.20.07.02 • 40:21 Md. R. 1840 (10-18-13) (ibr)

15.20.08.05 • 40:21 Md. R. 1840 (10-18-13)

 

21 STATE PROCUREMENT REGULATIONS

 

21.01.02.01 • 41:1 Md. R. 42 (1-10-14)

21.01.03.01-1 • 41:1 Md. R. 42 (1-10-14)

21.02.01.04 • 41:1 Md. R. 42 (1-10-14)

21.03.01.02,.03 • 41:1 Md. R. 42 (1-10-14)

21.05.07.06 • 41:1 Md. R. 42 (1-10-14)

21.06.07.01 • 41:1 Md. R. 42 (1-10-14)

21.11.03.17 • 41:1 Md. R. 42 (1-10-14)

21.11.05.01,.04,.07 • 41:1 Md. R. 42 (1-10-14)

21.11.07.01,.12—.14 • 41:1 Md. R. 42 (1-10-14)

21.11.14.01—.04 • 41:1 Md. R. 42 (1-10-14)

21.13.01.10,.16 • 41:1 Md. R. 42 (1-10-14)

 

22 STATE RETIREMENT AND PENSION SYSTEM

 

22.01.14.03• 40:25 Md. R. 2093 (12-13-13)

 

23 BOARD OF PUBLIC WORKS

 

23.03.06.01—.04 • 40:11 Md. R. 1000 (5-31-13) (ibr)

 

24 DEPARTMENT OF BUSINESS AND ECONOMIC DEVELOPMENT

 

24.05.13.10 • 40:26 Md. R. 2202 (12-27-13)

24.05.19.01—.13 • 40:23 Md. R. 1978 (11-15-13)

 

26 DEPARTMENT OF THE ENVIRONMENT

 

     Subtitles 01—07 (Part 1)

 

26.03.13.01—.04 • 40:18 Md. R. 1505 (9-6-13)

26.04.02.01—.12• 40:25 Md. R. 2094 (12-13-13)

26.04.05.01—.03• 40:25 Md. R. 2105 (12-13-13)

26.04.06.01—.75 • 40:20 Md. R. 1687 (10-4-13)

26.04.11.01—.16 • 41:1 Md. R. 47 (1-10-14)

 

     Subtitles 08—12 (Part 2)

 

26.08.01.01 • 40:25 Md. R. 2107 (12-13-13)

26.08.02.01,.02,.02-1,.03-2,.03-3,.04,.04-1,.07,.08,
     .11
• 40:25 Md. R. 2107 (12-13-13)

26.08.04.02-1,.04 • 40:25 Md. R. 2107 (12-13-13)

26.11.09.08 • 40:23 Md. R. 1981 (11-15-13)

26.11.14.06,.07 • 40:23 Md. R. 1981 (11-15-13)

26.11.19.08 • 40:23 Md. R. 1983 (11-15-13) (ibr)

26.11.34.02 • 40:23 Md. R. 1986 (11-15-13) (ibr)

 

     Subtitles 13—18 (Part 3)

 

26.17.06.01,.04—.09 • 40:22 Md. R. 1887 (11-1-13) (ibr)

 

27 CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS

 

27.01.02.01,.01-1,.05-1,.05-2,.06,.06-1,.06-2,.06-3,
     .06-4
• 41:1 Md. R. 60 (1-10-14)

 

29 DEPARTMENT OF STATE POLICE

 

29.01.04.01—.06 • 40:25 Md. R. 2137 (12-13-13)

29.09.01.01—.15 • 40:26 Md. R. 2203 (12-27-13)

 

30 MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)

 

30.01.02.01 • 40:22 Md. R. 1890 (11-1-13) (ibr)

 

31 MARYLAND INSURANCE ADMINISTRATION

 

31.04.22.01—.08• 40:25 Md. R. 2138 (12-13-13)

31.08.03.06 • 40:14 Md. R. 1199 (7-12-13)

31.08.12.02—.06 • 39:20 Md. R. 1346 (10-5-12)

                               40:14 Md. R. 1200 (7-12-13)

31.08.13.01—.06 39:26 Md. R. 1674 (12-28-12)

                               40:25 Md. R. 2140 (12-13-13)

31.08.14.01,.02 • 40:20 Md. R. 1729 (10-4-13)

31.08.15.01—.09 • 40:14 Md. R. 1201 (7-12-13)

31.08.16.01—.05 • 40:26 Md. R. 2210 (12-27-13)

31.08.17.01—.03 • 40:25 Md. R. 2142 (12-13-13)

31.10.11.10 • 40:16 Md. R. 1391 (8-9-13)

                      41:1 Md. R. 63 (1-10-14)

31.10.39.01—.04 • 40:16 Md. R. 1391 (8-9-13)

                               41:1 Md. R. 63 (1-10-14)

31.15.13.01—.04 • 40:20 Md. R. 1730 (10-4-13)

 

36 MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY

 

36.01.03.02,.03,.06 • 40:23 Md. R. 1988 (11-15-13)

36.02.05.01 • 41:1 Md. R. 64 (1-10-14)

36.03.06.01,.02 • 40:23 Md. R. 1988 (11-15-13)

36.03.10.29 • 40:23 Md. R. 1990 (11-15-13)

36.05.01.02 • 41:1 Md. R. 64 (1-10-14)

36.05.02.01,.20,.21 • 41:1 Md. R. 64 (1-10-14)

36.05.04.02,.03,.06,.13 • 40:23 Md. R. 1990 (11-15-13)

36.05.05.02—.05,.12 • 40:23 Md. R. 1990 (11-15-13)

36.06.01.01—.03 • 40:4 Md. R. 381 (2-22-13)

36.06.02.01,.02 • 40:4 Md. R. 381 (2-22-13)

36.06.03.01—.16 • 40:4 Md. R. 381 (2-22-13)

36.06.04.01—.05 • 40:4 Md. R. 381 (2-22-13)

36.06.05.01—.10 • 40:4 Md. R. 381 (2-22-13)

 

The Division of State Documents

DEPOSITORIES FOR DOCUMENTS
INCORPORATED BY REFERENCE

Depositories for Documents Incorporated by Reference
into the Code of Maryland Regulations (COMAR)

 

Annapolis

MD Department of Legislative Services

90 State Circle (21401)

Contact: Cynthia Stiverson

410-946-5400, 301-970-5400,

800-492-7111 x5400 (MD only)

FAX 410-946-5405

 

MD State Archives

350 Rowe Blvd. (21401)

Contact: Christine Alvey

410-260-6438

FAX 410-974-3895

 

MD State Law Library

Robert C. Murphy Courts of Appeal

Bldg. 361 Rowe Blvd. (21401)

Contact: Mary Jo Lazun

410-260-1430, 888-216-8156

FAX 410-974-2063

 

Baltimore

State Library Resource Center

Enoch Pratt Free Library

400 Cathedral St. (21201)

Contact: State Depository and Distribution  Program

410-396-1789

FAX 410-396-4570

 

Law Library

University of Baltimore

1401 North Charles Street

(21201)

Contact: Patricia Behles

410-837-4559

FAX 410-837-4570

 

Thurgood Marshall Law Library

University of Md. Francis King Carey School of Law

501 W. Fayette Street (21201)

Contact: Rachel Hradecky

410-706-2736

FAX 410-706-2372

 

Charlotte Hall

Southern MD Regional Library

37600 New Market Rd.

(20622)

P.O. Box 459 (20622)

Contact: Pat Ward

301-934-9442

FAX 301-884-0438

 

College Park

Hornbake Library

University of MD

Marylandia and Rare Books Department (20742)

Contact: Ann Hudak

301-405-9210

FAX 301-314-2709

Frostburg

Frostburg State University

Lewis J. Ort Library

1 Stadium Drive (21532)

Contact: Lisa Hartman

301-687-4734

FAX 301-687-7069

 

Hagerstown

Government Reference Service of Washington County Free Library

100 South Potomac Street (21740)

Contact: Harry Sachs

301-739-3250 x 149

FAX 301-739-5839

 

Largo

Prince George's Community College Library

301 Largo Road  (20774)

Contact: Priscilla Thompson

301-322-0468

FAX 301-808-8847

 

Princess Anne

Frederick Douglass Library

University of MD Eastern Shore

(21853)

Contact: Cynthia Nyirenda

410-651-7540

FAX 410-651-6269

 

Rockville

Montgomery County Public Library

Rockville Branch 21

Maryland Avenue (20850)

Contact: Caren Genison-Perilman

240-777-0170

FAX 240-777-0155

 

Salisbury

Salisbury University

Blackwell Library

College and Camden Avenues (21801)

Contact: Martha Zimmerman

410-543-6234

FAX 410-543-6203

 

Towson

Albert S. Cook Library

Towson University

8000 York Road (21252)

Contact: Carl Olson

410-704-3267

FAX 410-704-3829

 

Washington, D.C.

Library of Congress

Anglo-American Acquisitions Division

Government Documents Section101 Independence Ave., S.E. (20540)

Contact: Richard Yarnall

202-707-9470

FAX 202-707-0380

 

The JudiciaryCOURT OF APPEALS OF MARYLAND

DISCIPLINARY PROCEEDINGS

     This is to certify that by an Order of the Court dated December 16, 2013, LATOSHA J. COOPER, 23 Rock Glenn Road, Havre de Grace, Maryland 21078, has been disbarred by consent, 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 16-772(d)).

*   *   *   *   *   *   *   *   *   *

     This is to certify that by Order of the Court dated December 18, 2013, ALISON VELEZ LANE, 3000 Auchentoroly Terrace, Baltimore, Maryland 21217, has been placed on inactive status by consent, effective immediately, from the further practice of law in the State, and her name as an attorney at law has been stricken from the register of attorneys in this Court (Maryland Rule 16-772 (d)).

*   *   *   *   *   *   *   *   *   *

     This is to certify that by an Order of the Court dated December 19, 2013, HAROLD LOCKWOOD BOYD, III, 8771 Grassland Court, Waldorf, Maryland 20603, has been replaced upon the register of attorneys in the Court of Appeals as of December 19, 2013.  Notice of this action is certified in accordance with Maryland Rule 16-781(l).

*   *   *   *   *   *   *   *   *   *

     This is to certify that by Order of the Court dated December 19, 2013, STEPHANIE YVONNE BRADLEY, AKA STEPHANIE Y. BRADLEY, 300 Decatur Street, NW, Washington, DC 20011-4710, has been indefinitely suspended, effective immediately from the further practice of law in the State, and her name as an attorney at law has been stricken from the register of attorneys in this Court (Maryland Rule 16-773(d)).

*   *   *   *   *   *   *   *   *   *

     This is to certify that the name THOMAS PATRICK DORE, 11350 McCormick Road, Suite 200, Hunt Valley, Maryland 21031, has been replaced upon the register of attorneys in the Court of Appeals as of December 20, 2013.  Notice of this action is certified in accordance with Maryland Rule 16-781(l).

[14-01-29]

 

SCHEDULE

Thursday, February 6, 2014

Bar Admissions

No. 54        Chadwick Michael Nalls v. State of Maryland

No. 71        Devon Edward Morgan v. State of Maryland

No. 95        Justin Allen Melvin v. State of Maryland

No. 61        James Szwed v. State of Maryland

 

Friday, February 7, 2014

No. 46        Wardell Monroe Brooks v. State of Maryland

No. 55        Blackburn Limited Partnership d/b/a Country Place
                       Apartments, et al. v. Alicia Daley Paul

No. 57        Kevin J. Shannon, et al. v. Mafalda Fusco, et al.

 

Monday, February 10, 2014

No. 58        Joshua Tripp Ellsworth v. Baltimore Police Dept.

No. 56        Bonita H. Marshall v. Safeway, Inc.

No. 23        David Bernstein v. William Ely

 

Tuesday, February 11, 2014

AG 49        Attorney Grievance Commission of Maryland v.

(2012 T)              Joseph Lee Friedman

No. 53        Joseph Leon Hall, Jr. v. State of Maryland

No. 59        Victoria Falls Committee for Truth in Taxation, LLC, et
                       al. v. Prince George’s County, Maryland

 

On the day of argument, counsel are instructed to register in the Clerk’s Office no later than 9:30 a.m. unless otherwise notified.

After February 11, 2014 the Court will recess until March 6, 2014.

BESSIE M. DECKER
Clerk

 

Regulatory Review and Evaluation

Regulations promulgated under the Administrative Procedure Act will undergo a review by the promulgating agency in accordance with the Regulatory Review and Evaluation Act (State Government Article, §§10-130 — 10-139; COMAR 01.01.2003.20). This review will be documented in an evaluation report which will be submitted to the General Assembly’s Joint Committee on Administrative, Executive, and Legislative Review.  The evaluation reports have been spread over an 8-year period (see COMAR 01.01.2003.20 for the schedule).  Notice that an evaluation report is available for public inspection and comment will be published in this section of the Maryland Register.

TITLE 31
MARYLAND INSURANCE ADMINISTRATION

Subtitle 14 LONG-TERM CARE

Opportunity for Public Comment

     In accordance with the Regulatory Review and Evaluation Act, State Government Article, §§10-130—10-139, Annotated Code of Maryland, the Maryland Insurance Administration (MIA) is reviewing and evaluating certain regulations codified within Subtitle 14 of Title 31 of the Code of Maryland Regulations, entitled Long-Term Care. The purpose of the review and evaluation is to determine whether existing regulations continue to accomplish the purposes for which they were adopted, clarify ambiguous or unclear language, and repeal obsolete or duplicative provisions.

     Chapters being reviewed include:

31.14.02  Long-Term Care Insurance — Premium Rates and Reserves

     Interested parties may submit comments to Nancy Egan, Assistant Director of Government Relations, and transmitted by mail to 200 St. Paul Place, Suite 2700, Baltimore, MD 21202; by fax to (410) 468-2020; or by email to InsuranceRegReview.mia@maryland.gov.  Comments must be received by January 31, 2014.

[13-26-11]

 

Final Action on Regulations

 

Symbol Key

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

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

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

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

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

 

 

Title 03
COMPTROLLER OF THE TREASURY

Subtitle 04 INCOME TAX

03.04.15 Electronic Filing Requirements for Business Tax Credits

Authority: Tax-General Article, §§2-103 and 10-804, Annotated Code of Maryland

Notice of Final Action

[13-341-F]

On December 18, 2013, the Comptroller of the Treasury adopted new Regulations .01—.03 under COMAR 03.04.15 Electronic Filing Requirements for Business Tax Credits. This action, which was proposed for adoption in 40:22 Md. R. 1880—1881 (November 1, 2013), has been adopted as proposed.

Effective Date: January 20, 2014.

PETER FRANCHOT
Comptroller of the Treasury

 

Title 05
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

Subtitle 13 NEIGHBORHOOD BUSINESS DEVELOPMENT

Notice of Final Action

[13-327-F]

On December 16, 2013, the Secretary of Housing and Community Development adopted:

(1) Amendments to Regulations .03, .06, and .11 and the repeal of Regulation .09 under COMAR 05.13.01 Business Development Program; and

(2) Amendments to Regulation .02 under COMAR 05.13.02 Main Street Improvement Program.

This action, which was proposed for adoption in 40:21 Md. R. 1782—1783 (October 18, 2013), has been adopted as proposed.

Effective Date: January 20, 2014.

RAYMOND A. SKINNER
Secretary of Housing and Community Development

 

Subtitle 17 COMMUNITY LEGACY

05.17.01 Community Legacy Program

Authority: Housing and Community Development Article, Title 6, Subtitle 2, Annotated Code of Maryland

Notice of Final Action

[13-328-F]

On December 16, 2013, the Secretary of Housing and Community Development adopted amendments to Regulation .05 under COMAR 05.17.01 Community Legacy Program. This action, which was proposed for adoption in 40:21 Md. R. 1783—1784 (October 18, 2013), has been adopted as proposed.

Effective Date: January 20, 2014.

RAYMOND A. SKINNER
Secretary of Housing and Community Development

 

Title 09
DEPARTMENT OF LABOR, LICENSING, AND REGULATION

Subtitle 12 DIVISION OF LABOR AND INDUSTRY

09.12.41 Wage and Hour Law

Authority: Labor and Employment Article, §2-106(c), Annotated Code of Maryland

Notice of Final Action

[13-316-F]

On December 17, 2013, the Commissioner of Labor and Industry adopted amendments to Regulation .19 under COMAR 09.12.41 Wage and Hour Law. This action, which was proposed for adoption in 40:21 Md. R. 1801—1802 (October 18, 2013), has been adopted as proposed.

Effective Date: January 20, 2014.

J. RONALD DEJULIIS
Commissioner of Labor and Industry

 

Subtitle 21 BOARD OF ARCHITECTS

09.21.04 Fees

Authority: Business Regulation Article, §§2-106, 2-106.1, and 2-106.2; Business Occupations and Professions Article, §§3-101, 3-208, 3-209, 3-306, 3-307, 3-309, and 3-310; Annotated Code of Maryland

Notice of Final Action

[13-282-F]

On December 16, 2013, the Board of Architects adopted an amendment to Regulation .03 under COMAR 09.21.04 Fees. This action, which was proposed for adoption in 40:19 Md. R. 1554-1555 (September 20, 2013), has been adopted as proposed.

Effective Date: January 20, 2014.

DIANE CHO
Chair
State Board of Architects

 

Title 10
DEPARTMENT OF HEALTH AND MENTAL HYGIENE

Notice of Final Action

[13-146-F]

On December 19, 2013, the Secretary of Health and Mental Hygiene adopted amendments to:

(1) Regulation .02 under COMAR 10.07.04 Related Institutions — Residential Treatment Centers for Emotionally Disturbed Children and Adolescents;

(2) Regulations .02 and .04 under COMAR 10.07.13 Forensic Residential Centers (FRCs);

(3) Regulations .01 and .03 under COMAR 10.07.15 License Fee Schedule for Hospitals and Related Institutions;

(4) Regulations .01 — .03 under COMAR 10.07.20 Intermediate Care Facilities for Individuals with Intellectual Disabilities or Persons with Related Conditions (ICF/IID); and

(5) Regulation .02 under COMAR 10.12.04 Day Care for the Elderly and Adults with a Medical Disability.

This action, which was proposed for adoption in 40:11 Md. R. 988—989 (May 31, 2013), has been adopted as proposed.

Effective Date: January 20, 2014.

JOSHUA M. SHARFSTEIN, M.D.
Secretary of Health and Mental Hygiene

 

Title 18
DEPARTMENT OF ASSESSMENTS AND TAXATION

Subtitle 02 REAL PROPERTY ASSESSMENTS

18.02.03 Agricultural Use Assessments

Authority: Tax-Property Article, §§2-201, 2-202, and 8-209, Annotated Code of Maryland

Notice of Final Action

[13-335-F]

On December 20, 2013, the Director of Assessments and Taxation adopted amendments to Regulation .04 under COMAR 18.02.03 Agricultural Use Assessments. This action, which was proposed for adoption in 40:22 Md. R. 1887 (November 1, 2013), has been adopted as proposed.

Effective Date: January 20, 2014.

ROBERT E. YOUNG
Director of Assessments and Taxation

 

Title 31
MARYLAND INSURANCE ADMINISTRATION

Subtitle 10 HEALTH INSURANCE — GENERAL

31.10.26 Uniform Credentialing Form

Authority: Insurance Article, §§2-109 and 15-112.1, Annotated Code of Maryland

Notice of Final Action

[13-249-F]

On December 13, 2013, the Insurance Commissioner adopted amendments to Regulation .03 under COMAR 31.10.26 Uniform Credentialing Form. This action, which was proposed for adoption in 40:18 Md. R. 1515—1516 (September 6, 2013), has been adopted as proposed.

Effective Date: January 20, 2014.

THERESE M. GOLDSMITH
Insurance Commissioner

Proposed Action on Regulations

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Title 03
COMPTROLLER OF THE TREASURY

Notice of Proposed Action

[14-001-P]

The Comptroller of the Treasury proposes to amend:

(1) Regulations .02 and .05 under COMAR 03.01.02 Tax Payments — Immediately Available Funds;

(2) Regulation .01 under COMAR 03.04.01 General Regulations;

(3) Regulations .02, .03, .06, .15, and .16 under COMAR 03.04.02 Individual; and

(4) Regulations .01, .04, and .08 under COMAR 03.04.10 Maryland Research Development Tax Credit.

Statement of Purpose

The purpose of this action is to change the place where taxpayers may remit payment in immediately available funds by physical delivery, to clarify references to forms to add out-of-State employees as defined under Public Safety Article, §14-219, Annotated Code of Maryland to the list of individuals not subject to certain withholding requirements so to be consistent with the code, to reflect the recognition of same sex marriage at the federal and State level, to update language so as to be consistent with the code, to remove the reference to “poultry or livestock manure-spreading equipment expenses”, and to be consistent with House Bill 386 (Chapter 386, Acts of 2013).

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 a meaningful economic impact on small business. An analysis of this economic impact follows. .01, .04, .08 under COMAR 03.04.10: The regulation has no impact, though the statute that expanded this to small businesses did. This now allows a small business, as defined in the section, to claim a refund for the credit amount in excess of State tax due instead of a carry forward amount. This is a timing issue and will not materially impact State revenues, however, the impact on small business can potentially be meaningful.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Rhea R. Reed, Director, Revenue Administration Division, Comptroller of the Treasury, 110 Carroll Street, Annapolis, MD 21411, or call 410-260-7445, or email to rreed@comp.state.md.us, or fax to 410-974-3456. Comments will be accepted through February 10, 2014. A public hearing has not been scheduled.

 

Subtitle 01 OFFICE OF THE COMPTROLLER

03.01.02 Tax Payments — Immediately Available Funds

Authority: Tax-General Article, §§2-103, 13-104, and 13-105, Annotated Code of Maryland

.02 Requirements for Payment by Immediately Available Funds.

A.—E. (text unchanged)

F. A taxpayer may satisfy the obligation to remit payment in immediately available funds by physical delivery of U.S. currency, with the appropriate return, on or before 1 p.m. on the due date of the obligation, to the Comptroller of the Treasury, [110 Carroll Street, Annapolis, MD 21411] 301 West Preston Street, Baltimore, MD 21201.

G.—I (text unchanged)

.05 Miscellaneous Filing and Reporting Provisions.

A. A person making a tax payment using the ACH credit, ACH debit, direct debit, or wire transfer method shall file the following returns:

(1) For Maryland individual income tax withholding:

(a)—(b) (text unchanged)

(c) Amended Employer’s Return of Income Tax Withheld using Form MW506A (COM/RAD-062) or for accelerated filers using Form MW506AM (COM/RAD-312);

(2) (text unchanged)

(3) For Maryland motor fuel-related taxes:

(a) Dealer Tax Return Form GTD-1 (COM/RAD-083) and all applicable supporting schedules and worksheets;

(b) Special Fuel User/Seller Tax Return Form GTD-300 (COM/RAD-084) and all applicable supporting schedules and worksheets; and

(c) Special Return—Jet Fuel and Aviation Gas Only Form COT/MFT-013 (COM/RAD-086) and all applicable supporting schedules and worksheets.

B. A person making tax payments using the ACH credit, ACH debit, direct debit, or wire transfer method may not file the corresponding returns or reports if the payment was for any of the following:

(1)—(3) (text unchanged)

(4) Sales and Use Tax Return Form 202 (COM/RAD-098).

C. (text unchanged)

 

Subtitle 04 INCOME TAX

03.04.01 General Regulations

Authority: Tax-General Article, §§2-103, 10-822, and 10-911, Annotated Code of Maryland

.01 Withholding of Tax at Source.

A.—B. (text unchanged)

C. Withholding Not Required. Withholding of Maryland income tax is not required with respect to compensation, salary, or wages paid for personal services rendered or performed by:

(1)—(2) (text unchanged)

(3) Any employee who has furnished a withholding exemption certificate Form MW 507 to his employer certifying that he:

(a) (text unchanged)

(b) Expects to incur no income tax liability for the current taxable year; [and]

(4) A nonresident individual subject to the Servicemembers Civil Relief Act, as amended by the Military Spouses Residency Relief Act:

(a) (text unchanged)

(b) Who is present in Maryland solely to be with the military spouse; [and]

(c) Whose domicile is in another state[.]; and

(5) Out-of-state employees as defined under Public Safety Article, §14-219, Annotated Code of Maryland.

D.—G. (text unchanged)

 

03.04.02 Individual

Authority: Tax-General Article, §§2-103, 10-102.1, and 10-823, Annotated Code of Maryland

.02 Resident Filing Status.

A.—B. (text unchanged)

C. A [husband and wife] married couple who files a joint federal income tax return may file separate State income tax returns if:

(1)—(4) (text unchanged)

.03 Nonresident Filing Status.

A.—B. (text unchanged)

C. A [husband and wife] married couple who files a joint federal income tax return may file separate State income tax returns if:

(1)—(3) (text unchanged)

D. (text unchanged)

.06 Maryland Adjusted Gross Income of a Nonresident Individual.

A.—B. (text unchanged)

C. Subtractions from Federal Adjusted Gross Income. To the extent included in computing federal adjusted gross income, the following are subtracted from the federal adjusted gross income of a nonresident individual to determine Maryland adjusted gross income:

(1) (text unchanged)

(2) Amounts derived from:

(a)—(b) (text unchanged)

(c) [Conservation tillage equipment] Enhanced agricultural management equipment expenses as provided for under Tax-General Article, §10-208(d), to the extent that the expenses are incurred for conservation of land located in this State;

(d)—(h) (text unchanged)

(i) [Poultry or livestock manure-spreading equipment expenses as provided for under Tax-General Article, §10-208(m), Annotated Code of Maryland, if the equipment is used only in this State, and if the taxpayer:

(i) (text unchanged)

(ii) Owns the spreading equipment for at least 3 years after the taxable year in which the subtraction is made; and

(j)]The amount by which the cost difference between a conventional on-site sewage disposal system and a system that utilizes nitrogen removal technology exceeds the amount of assistance the individual receives from the Department of the Environment under the Environment Article, §9-1108, Annotated Code of Maryland; and

(3) (text unchanged)

D. (text unchanged)

.15 Maryland College Investment Plan.

A. (text unchanged)

B. Subtraction Modification.

(1) (text unchanged)

(2) [If a husband and wife each] For a married couple, if each spouse makes a contribution of at least $2,500 to an investment account for the same qualified designated beneficiary, and the couple files a joint Maryland income tax return, the subtraction modification for the couple on the joint return is $5,000.

C. (text unchanged)

.16 Limitation for Resident.

A.—B. (text unchanged)

C. Resident with Nonresident Spouse.

(1) If a [husband and wife]married couple files a joint federal income tax return but elect to file separate income tax returns pursuant to Regulation .02 of this chapter, or if the nonresident spouse is not required to file an income tax return, then the resident individual may, unless the Comptroller requires or allows another method:

(a)—(b) (text unchanged)

(c) Claim a prorated amount of the itemized deductions claimed on the federal income tax return by using a fraction, the:

(i) (text unchanged)

(ii) Denominator of which is the [husband’s and wife’s] married couple’s joint federal adjusted gross income.

(2) (text unchanged)

 

03.04.10 Maryland Research and Development Tax Credit

Authority: Tax-General Article, §§2-103 and 10-721, Annotated Code of Maryland

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(10) (text unchanged)

(11) “Small business” means a for-profit corporation, limited liability company, partnership, or sole proprietorship with net book value assets totaling, at the beginning or the end of the taxable year for which Maryland qualified research and development expenses are incurred, as reported on the balance sheet, less than $5,000,000.

[(11)](12) (text unchanged)

.04 Maximum Annual Credits.

A. Except as provided in §D of this regulation, the total amount of basic credits approved by the Department under Regulations .02C(1) and .03C(1) of this chapter may not exceed [$3,000,000] $4,000,000 for any calendar year.

B. For any calendar year, if the total amount of basic credits applied for by all business entities is less than [$3,000,000] $4,000,000, the maximum growth credit specified under §C of this regulation shall be increased for that calendar year by the amount equal to [$3,000,000] $4,000,000 minus the total amount of the basic credits applied for by all business entities.

C. Except as provided in §B of this regulation, the total amount of growth credits approved by the Department under Regulations .02C(2) and .03C(2) of this chapter may not exceed [$3,000,000] $4,000,000 for any calendar year.

D. For any calendar year, if the total amount of growth credits applied for by all business entities is less than [$3,000,000] $4,000,000, the maximum basic credit specified under §A of this regulation shall be increased for that calendar year by the amount equal to [$3,000,000] $4,000,000 minus the total amount of the growth credits applied for by all business entities.

.08 Carryover of Tax Credits.

A. [If] Except as provided in §C of this regulation, if the credit allowed in any taxable year exceeds the State income tax for that taxable year, a taxpayer may apply the excess as a credit against the State income tax for succeeding taxable years until the earlier of:

(1)—(3) (text unchanged)

B. (text unchanged)

C. If the credit allowed in any taxable year exceeds the State income tax for that taxable year, a small business may claim a refund in the amount of the excess.

PETER FRANCHOT
Comptroller of the Treasury

 

Title 07
DEPARTMENT OF HUMAN RESOURCES

Subtitle 03 FAMILY INVESTMENT ADMINISTRATION

07.03.14 Correction of Payment Irregularities

Authority: [Article 88A, §16A] Human Services Article, §§4-207, 4-303, 5-207, and 5-607, Annotated Code of Maryland (Agency Note: Federal Regulatory Reference 45 CFR 233.20(a)(12))

Notice of Proposed Action

[14-017-P]

The Secretary of the Department of Human Resources proposes to amend Regulations .04 and .05 under COMAR 07.03.14 Correction of Payment Irregularities.

Statement of Purpose

The purpose of this action is to replace references to a former division within the Office of the Inspector General and incorporate a name change for the program formerly known as Food Stamps.

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 Andrea Shuck, Regulations Coordinator, Department of Human Resources, 311 W. Saratoga St., room 265, Baltimore, MD 21201, or call 410-767-2149, or email to andrea.shuck@maryland.gov, or fax to 410-333-0637. Comments will be accepted through February 10, 2014. A public hearing has not been scheduled.

.04 Suspected Fraud Procedures.

A. When the local department suspects fraud, the local department shall refer the case to the [Division of Special Investigations (DSI) of the] Office of the Inspector General (OIG) or directly to the local State’s Attorney Office (SAO).

B. (text unchanged)

C. After a referral has been made, the local department shall inform the [DSI] OIG or the SAO of any newly discovered facts or changed circumstances in the case.

D. (text unchanged)

E. The local department may not give notice to an applicant or recipient of any referral to [DSI] OIG or SAO for action on suspected fraud except that the local department representative may answer “yes” or “no” when the recipient asks whether referral has been made.

F. (text unchanged)

.05 Recoupment Procedures.

A. —B. (text unchanged)

C. Local Department Action with Respect to Specific Situation. The local department:

(1) Shall handle any improper food [stamp] supplement issuance in accordance with COMAR 07.03.17.53—.55;

(2) — (5) (text unchanged)

TED DALLAS
Secretary of Human Resources

 

Title 08
DEPARTMENT OF NATURAL RESOURCES

Subtitle 02 FISHERIES SERVICE

08.02.06 Snapping Turtles

Authority: Natural Resources Article, §4-218, Annotated Code of Maryland

Notice of Proposed Action

[14-019-P]

The Secretary of Natural Resources proposes to amend Regulation .01 under COMAR 08.02.06 Snapping Turtles.

Statement of Purpose

The purpose of this action is to implement changes to the snapping turtle fishery. The action establishes a declaration period for the commercial snapping turtle permit. Having a set declaration period will reduce the staff time needed to manage the fishery because licensees may currently enter the fishery at any point in the year. In addition, the action will clarify recreational licensing requirements. Previously there has been confusion as to whether a recreational fisherman needed a license to take a snapping turtle. This action makes clear that a fishing license is required to take a snapping turtle in nontidal waters, but is not required in tidal waters. The reason for the difference in license requirements is that the enabling law for the tidal recreational fishing license, Natural Resource Article, §4-745, Annotated Code of Maryland, applies only to “finfish”. As snapping turtles are not finfish, a tidal recreational fishing license is not required for recreational harvest. Conversely, the enabling law for the nontidal recreational fishing license, Natural Resources Article, §4-604, Annotated Code of Maryland, applies to “fish”. Snapping turtles fall into the category of “fish”, so a nontidal recreational fishing license is required for recreational harvest. Last, the regulation clarifies that commercial snapping turtle permits are valid for the listed month and provides a permittee the ability to request a hearing if a permit is denied or suspended.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. This action may have an economic impact.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure (E+/E-)

Magnitude

 


A. On issuing agency:

Declaration period effect on permit fees

NONE

Indeterminable

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(1) Individuals declaring but not harvesting

(-)

Indeterminable

(2) Individuals locked out from harvesting

(-)

Indeterminable

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

NONE

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

A. It is not possible to know how the declaration period will affect permit fees received by the Department. There are a handful of dedicated turtle harvesters whom the declaration period will have no effect on because they know they will harvest turtles and will declare as such when they renew their license. For the rest of the licensees who have harvested turtles in the past, some will likely declare for the permit, pay the permit fee and not participate in the fishery. This would result in a revenue increase for the Department as those individuals would probably not have purchased the permit if they could declare in the fishery at any time. On the other side, some individuals who may want to participate in the fishery may not make that decision until after the declaration period has closed and be shut out from the fishery for that year. This would result in a revenue decrease for the Department as those individuals would have purchased the permit but would now not be able to because of the declaration period. The snapping turtle fishery is typically a secondary fishery that licensees turn to when other fisheries are not performing as expected. While there is ultimately no way for the Department to know how the declaration period will affect those individuals who treat the snapping turtle fishery as a “safety net” or a “backup plan”, the three-year average for number of permitted individuals was 83 licensees, with the average number of licensees reporting harvest being 45.

D(1). There will be some individuals who declare for the snapping turtle fishery and pay the $25 permit fee but do not end up participating in the snapping turtle fishery. These individuals will do so just to keep their options open. Previously, these individuals were able to sign up for the turtle permit at any time. These individuals will experience additional costs of $25/year to keep their options open.

D(2). There will be some individuals who want to join the snapping turtle fishery but will not make that decision until after the declaration period has closed. Those individuals will not be able to participate in the snapping turtle fishery. It is indeterminable how many, if any, people will be affected this way, and the economic impact this will have on Maryland’s overall turtle harvest.

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 Snapping Turtle Regulations, Regulatory Staff, Department of Natural Resources, Fisheries Service, 580 Taylor Avenue, B-2, Annapolis MD, 21401, or call 410-260-8300, or email to fisheriespubliccomment@dnr.state.md.us, or fax to 410-260-8310. Comments will be accepted through February 10, 2014. A public hearing has not been scheduled.

.01 Snapping Turtles.

A. — F. (text unchanged)

G. Commercial Fishery [Requirements].

(1) General Requirements and Restrictions.

(a) A person may not harvest or possess a snapping turtle for commercial purposes that has a carapace length that is less than 11 inches, measured in accordance with §D of this regulation.

[(2)] (b) (text unchanged)

(c) A person catching snapping turtles for commercial purposes shall:

(i) Be licensed to fish for commercial purposes in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland; and

(ii) Have the Department-issued snapping turtle harvest permit in possession while harvesting or transporting snapping turtles.

(2) Declaration.

(a) Between August 1 and January 31, dates inclusive, tidal fish licensees shall declare their intent to fish for snapping turtles.

(b) A tidal fish licensee who has not declared by January 31, and who has not declared after the January 31 deadline in any of the 3 preceding years, may apply until February 14, or the next business day if February 14 occurs on a weekend, to the Director of Fisheries Service provided the licensee shows good reason why the application should be processed.

(c) An exception to the February 14 deadline will be considered only for an individual who can provide satisfactory documentation of a physical or mental incapacity that prevented that individual from meeting the declaration time period established in this subsection.

(3) Snapping Turtle Harvest Permit.

[(a) A person catching snapping turtles for commercial purposes shall:

(i) Hold a valid snapping turtle harvest permit issued by the Fisheries Service;

(ii) Be licensed to fish for commercial purposes in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland; and

(iii) Have the Fisheries Service issued snapping turtle harvest permit in possession while harvesting or transporting snapping turtles;

(b) Permits issued by the Fisheries Service shall be valid beginning on January 1 and expire on December 31 each year.]

(a) Snapping turtle harvest permits shall be issued to all licensees who have declared their intent to fish for snapping turtles and have met all reporting requirements as required by Natural Resources Article, §4-206, Annotated Code of Maryland, and this regulation.

[(c)] (b) Snapping turtle harvest permits may not be transferred.

[(d)] (4) Reporting. A person permitted by the [Fisheries Service] Department to harvest snapping turtles shall:

[(i)] (a) Record their catch on the snapping turtle harvest [permit] report and on the daily commercial fisheries catch log;

[(ii)] (b) Submit the snapping turtle harvest [permit] report as required by the Department and the daily commercial fisheries catch log in accordance with COMAR 08.02.13.06; and

[(iii)] (c) Make available daily information, harvest [permit] report cards, and catch logs for immediate inspection on request of a Department representative.

[(e) An individual who has not provided to the Fisheries Service a harvest permit card with complete information is not eligible for a harvest permit to participate in the snapping turtle fishery.]

(5) Penalties.

(a) In addition to any other penalty established in COMAR 08.02.13, failure to comply with this regulation may result in the denial of a subsequent permit.

(b) Prior to suspending a permit under this regulation or denying an application for a permit, the Department shall give the licensee notice of its intended action and an opportunity to appear at a hearing conducted in accordance with the contested case procedures set forth in State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 08.01.04.

[(4)] (6) (text unchanged)

H. Noncommercial Taking and Possession; Pets.

(1) — (2) (text unchanged)

(3) A person must be licensed in accordance with Natural Resources Article, §4-604, Annotated Code of Maryland, to take or possess a snapping turtle from nontidal waters for noncommercial purposes.

(4) A person need not be licensed in accordance with Natural Resources Article, §4-745, Annotated Code of Maryland, to take or possess a snapping turtle from tidal waters for noncommercial purposes.

I.—K. (text unchanged)

JOSEPH P. GILL
Secretary of Natural Resources

 

Subtitle 03 WILDLIFE

08.03.15 Wildlife Damage Control Permits

Authority: Natural Resources Article, §§10-205 and10-908, Annotated Code of Maryland

Notice of Proposed Action

[14-018-P]

The Secretary of Natural Resources proposes to amend Regulation .24 under COMAR 08.03.15 Wildlife Damage Control Permit.

Statement of Purpose

The purpose of this action is to allow beaver trapped under the authority of a Wildlife Damage Control Permit to be transported and released on a wildlife management area or other areas with written permission from the landowner or managing authority, within the same or adjacent county in which the beaver was trapped. Current regulation requires beaver trapped under the authority of a Wildlife Damage Control Permit to be either released on the site of capture or killed.

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 Glenn D. Therres, Associate Director, DNR — Wildlife and Heritage Service, 580 Taylor Avenue, E-1, Annapolis, MD 21401, or call 410-260-8572, or email to gtherres@dnr.state.md.us, or fax to 410-260-8596. Comments will be accepted through February 10, 2014. A public hearing has not been scheduled.

.24 Disposition of Trapped Wildlife.

A. (text unchanged)

B. Coyote, bobcat, [beaver,] muskrat, mink, and otter shall be:

(1) — (2) (text unchanged)

C. — J. (text unchanged)

Joseph P. Gill
Secretary of Natural Resources

 

Subtitle 18 BOATING — SPEED LIMITS AND OPERATION OF VESSELS

08.18.20 Patuxent River

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

Notice of Proposed Action

[14-016-P]

The Secretary of Natural Resources proposes to amend Regulations .01—.04 under COMAR 08.18.20 Patuxent River.

Statement of Purpose

The purpose of this action is to update and clarify existing boating laws and coordinates of certain boundaries and to ensure safe boating on Maryland’s waterways.

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 Donna Morrow, Division Director, Clean Waterways, Facilities & Regulations Division, Maryland Department of Natural Resources, 580 Taylor Avenue, E/4, Annapolis, Maryland 21401, or call 410-260-8773, or email to dmorrow@dnr.state.md.us, or fax to 410-260-8453. Comments will be accepted through February 10, 2014. A public hearing has not been scheduled.

.01 Patuxent River.

The Patuxent River encompasses all the waters of the Patuxent River and its tributaries westerly of a line [from Lat. 38°19’08.91”N., Long. 76°25’15.64”W., running 120° True to the opposite shore, Lat. 38°18’34.12”N., Long. 76°23’57.74”W. ] beginning at a point, at or near Lat. 38° 19.15’ N., Long. 76° 25.27’ W., then running 120° (True) to a point, at or near Lat. 38° 18.57’ N., Long. 76° 23.97’ W.

.02 Upper Patuxent River.

The Upper Patuxent River encompasses the area [bounded by Lat. 38°38’37.44”N., Long. 76°41’34.83”W., Lat. 38°38’40.44”N., Long. 76°41’34.83”W., Lat. 38°38’40.44”N., Long. 76°41’32.83”W., Lat. 38°38’37.44”N., Long. 76°41’32.83”W.] shoreward of a line beginning at a point, at or near Lat. 38° 38.428’ N., Long. 76° 41.642’ W., then running 90° (True) to a point, at or near Lat. 38° 38.428’ N., Long. 76° 41.610’ W., then running 193° (True) to a point, at or near Lat. 38° 38.377’ N., Long. 76° 41.625’ W., then running 270° (True) to a point, at or near Lat. 38° 38.377’ N., Long. 76° 41.657’ W. This area has a 6-knot [(6.9 MPH)] speed limit all year. These coordinates are approximately 100 feet downriver and 200 feet upriver of the Maryland-National Capital Park and Planning Commission pier, and extend approximately 150 feet from the shoreline.

.03 Patuxent River South Shore.

A. (text unchanged)

B. Cockhold Creek encompasses the area beginning at a point, [Lat. 38°20’59.22”N., Long. 76°30’51.66”W., a line running 344° True to the opposite shore, Lat. 38°21’14.41”N., Long. 76°30’57.19”W.,] at or near Lat. 38° 20.988’ N., Long. 76° 30.857’ W., then running 344° (True) to a point, at or near Lat. 38° 21.257’ N., Long. 76° 30.953’ W., and running to the head of the creek, including all tributaries. This area has a 6-knot [(6.9 MPH)] speed limit Saturdays, Sundays, and State holidays, all year.

C. Lewis Creek encompasses the area beginning at a point, [Lat. 38°18’46.03”N., Long. 76°28’36.18”W., a line running 093° True to the opposite shore, Lat. 38°18’45.91”N., Long. 76°28’33.42”W.,] at or near Lat. 38° 18.752’ N., Long. 76° 28.607’ W., then running 65° (True) to a point, at or near Lat. 38° 18.763’ N., Long. 76° 28.575’ W., and running to the head of the creek. This area has a 6-knot [(6.9 MPH)] speed limit Saturdays, Sundays, and State holidays, all year.

D. Mill Creek—St. Mary’s County encompasses the area beginning at a point, [Lat. 38°20’0.6”N., Long. 76°30’21.1”W., running 326° True to a point at the west side of the mouth of Mill Creek, Lat. 38°20’7.9”N., Long. 76°30’27.3”W.,] at or near Lat. 38° 20.007’ N., Long. 76° 30.345’ W., then running 323° (True) to a point, at or near Lat. 38° 20.123’ N., Long. 76° 30.455’ W., and running to the head of the creek, including all tributaries. This area has a 6-knot [(6.9 mph)] speed limit Saturdays, Sundays, and State holidays, all year.

E. Town Creek encompasses the area beginning at a point, [Lat. 38°18’59.67”N., Long. 76°28’40.42”W., a line running 215° True to the opposite shore, Lat. 38°18’50.66”N., Long. 76°28’48.43”W.,] at or near Lat. 38° 18.987’ N., Long. 76° 28.675’ W., then running 212° (True) to a point, at or near Lat. 38° 18.845’ N., Long. 76° 28.788’ W., and running to the head of the creek, including all tributaries. This area has a 6-knot [(6.9 MPH)] speed limit all year.

F. Chalk Point Canal encompasses the entire canal [from] south of a line beginning at a point, [Lat. 38°33’49.5”N., Long. 76°40’47.2”W. and running 164° True to a point Lat. 38°33’47.00”N., Long. 76°40’46.30”W.,] at or near Lat. 38° 33.822’ N., Long. 76° 40.797’ W., then running 158° (True) to a point, at or near Lat. 38° 33.790’ N., Long. 76° 40.780’ W., and from there to the head of the canal. This area has a minimum wake zone [at all times] all year.

G. Sam Abell Cove encompasses the area beginning at a point at the east side of the mouth of Sam Abell Cove, [Lat. 38°19’57.3”N., Long. 76°30’13.8”W., running 300°W True to a point at the west side of the mouth of Sam Abell Cove, Lat. 38°20’0.6”N., Long. 76°30’21.1”W.,] at or near Lat. 38° 19.955’ N., Long. 76° 30.228’ W., then running 299° (True) to a point, at or near Lat. 38° 20.007’ N., Long. 76° 30.345’ W., and running to the head of the cove. This area has a 6-knot [(6.9 mph)] speed limit on Saturdays, Sundays, and holidays, all year.

.04 Patuxent River North Shore.

A. (text unchanged)

B. Back Creek encompasses the area beginning at a point, [Lat. 38°19’29.98”N., Long. 76°27’20.89”W., a line running 186° True to the opposite shore, Lat. 38°19’20.76”N., Long. 76°27’22.10”W.,]at or near Lat. 38° 19.503’ N., Long. 76° 27.352’ W., then running 185° (True) to a point, at or near Lat. 38° 19.348’ N., Long. 76° 27.368’ W., and running to the head of the creek. This area has a 6-knot [(6.9 MPH)] speed limit all year.

C. Mill Creek—Calvert County encompasses the area beginning at a point, [Lat. 38°19’35.6”N., Long. 76°27’.07.2”W., a line running 106° True to the opposite shore, Lat. 38°19’34.2”N., Long. 76°27’.01.1”W.,] at or near Lat. 38° 19.597’ N., Long. 76° 27.125’ W., then running 103° (True) to a point, at or near Lat. 38° 19.570’ N., Long. 76° 26.980’ W., and running to the head of the creek, including St. Johns Creek. This area excludes Leason Cove, beginning at a point, at or near Lat. 38° 19.880’ N., Long. 76° 26.245’ W., then running 47° (True) to a point, at or near Lat. 38° 19.923’ N., Long. 76° 26.185’ W. This area has a restricted 6-knot [(6.9 MPH)] speed limit all year.

D. Solomons Harbor encompasses the area beginning at a point, [Lat. 38°19’22.66”N., Long 76°27’00.31”W., a line running 189° True to a point Lat. 38°19’10.16”N., Long. 76°27’02.83”W., then 270° True to a point on shore, Lat. 38°19’10.16”N., Long. 76°27’08.63”W.,] at or near Lat. 38° 19.387’ N., Long. 76° 27.005’ W., then running 189° (True) to a point, at or near Lat. 38° 19.170’ N., Long. 76° 27.048’ W., then running 270° (True) to a point, at or near Lat. 38° 19.170’ N., Long. 76° 27.137’ W., and running upstream to a line beginning at a point, [Lat. 38°19’34.2”N., Long. 76°27’01.1”W., and running 296° True to a point Lat. 38°19’35.6”N., Long, 76°27’07.2” W,] at or near Lat. 38° 19.570’ N., Long. 76° 26.980’ W., then running 283° (True) to a point, at or near Lat. 38° 19.597’ N., Long. 76° 27.125’ W., and running along the shore to a line beginning at a point, [Lat. 38°19’28.93”N., Long. 76°27’20.89”W., a line running 186° True to the opposite shore, Lat. 38°19’20.76”N., Long. 76°27’22.10”W.] at or near Lat. 38° 19.503’ N., Long. 76° 27.352’ W., then running 185° (True) to a point, at or near Lat. 38° 19.348’ N., Long. 76° 27.368’ W. This area has a 6-knot [(6.9 MPH)] speed limit all year.

E. St. Leonard Creek.

(1) All of the waters of upper St. Leonard’s Creek north of a line beginning at a point on the east shore of St. Leonard’s Creek, at or near Lat. 38° 24.980’ N., Long. 76° 29.103’ W., then running 256° (True) to a point on the west shore of St. Leonard’s Creek, at or near Lat. 38° 24.953’ N., Long. 76° 29.245’ W., and east of a line beginning at a point on the south shore of an unnamed cove of St. Leonard’s Creek, at or near Lat. 38° 25.222’ N., Long. 76° 29.007’ W., then running 346° (True) to a point on the north shore off the unnamed cove, at or near Lat. 38° 25.303’ N., Long. 76° 29.033’ W., and south of a line beginning at a point on the east shore of St. Leonard’s Creek, at or near Lat. 38° 25.437’ N., Long. 76° 29.247’ W., then running 270° (True) to a point on the west shore of St. Leonard’s Creek, at or near Lat. 38°25.437’N., Long. 76° 29.567’ W. This area has a 6-knot [(6.9 MPH)] speed limit Saturdays, Sundays, and State holidays, all year.

(2) (text unchanged)

F. Hungerford Creek encompasses the area beginning at a point, [Lat. 38°20’58.1”N., Long. 76°28’14.6”W., a line running 098° True to the opposite shore, Lat. 38°20’58.0”N., Long. 76°28’13.2”W.,] at or near Lat. 38° 20.970’ N., Long. 76° 28.238’ W., then running 104° (True) to a point, at or near Lat. 38° 20.965’ N., Long. 76° 28.213’ W., and running to the head of the creek. This area has a minimum wake zone [at all times.] all year.

G. Leason Cove—Calvert County encompasses the area upstream of a line [running from the northeast end of the point of land at or near Lat. 38°19’53”N., Long. 76°26’15”W., to the southwesterly end of a point of land at or near Lat. 38°19’56”N., Long. 76°26’11”W.] beginning at a point, at or near Lat. 38° 19.880’ N., Long. 76° 26.245’ W., then running 47° (True) to a point, at or near Lat. 38° 19.923’ N., Long. 76° 26.185’ W. This area has a 6-knot [(6.9 MPH)] speed limit all year.

H. Upper Island Creek.

(1) The western Island Creek headwaters encompass the area beginning at [Lat. 38°25’42.2”N., Long. 76°32’33.5”W., a line running 90° True to the east shore Lat. 38°25’42.2”N., Long. 76°32’27.4”W.,] a point, at or near Lat. 38° 25.703’ N., Long. 76° 32.558’ W., then running 90° (True) to a point, at or near Lat. 38° 25.703’ N., Long. 76° 32.457’ W., and running to the head of the creek. This area has an [all time] idle speed limit for all personal watercraft all year.

(2) The eastern Island Creek headwaters encompass the area beginning at [Lat. 38°25’35.4”N., Long. 76°32’9.1”W., and running 180° True to a point on the south shore Lat. 38°25’31.8”N., Long. 76°32’9.1”W.,] a point, at or near Lat. 38° 25.590’ N., Long. 76° 32.152’ W., then running 180° (True) to a point, at or near Lat. 38° 25.530’ N., Long. 76° 32.152’ W., and running to the head of the creek. This area has an [all time] idle speed limit for all personal watercraft all year.

Joseph P. Gill
Secretary of Natural Resources

 

Title 10
DEPARTMENT OF HEALTH AND MENTAL HYGIENE

Notice of Proposed Action

[14-012-P]

The Secretary of Health and Mental Hygiene proposes to amend:

(1) Regulation .02 under COMAR 10.01.17 Fees for Community Health Programs;

(2) Regulations .02, .06, .08, .09, and .25 under COMAR 10.16.06 Certification for Youth Camps; and

(3) Regulations .03, .05, .06, .08, .27, .28, and .53 under COMAR 10.17.01 Public Swimming Pools and Spas.

Statement of Purpose

The purpose of this action is to adjust a number of fees and related programmatic content for certain environmental health programs.

Specifically, the revisions to COMAR 10.01.17 will:

(1) Establish lower fees for certain food processing licenses and plan reviews;

(2) Establish lower application fees for day and residential youth camps for those in “good standing” with the Department; and

(3) Establish lower application fees for alterations to and replacements at public swimming pools and spas.

The revisions to COMAR 10.16.06 revise the inspection schedule for day and residential youth camps to include a self-assessment for camps in ‘good standing’ and a provision to authorize camps in ‘good standing’ to pay a lower fee in accordance with COMAR 10.01.17.

The revisions to COMAR 10.17.01:

(1) Add definitions for “component” and “replacement” for public swimming pools and spas;

(2) Revise the definitions of “alteration”, “repair”, “public pool”, “public spa”, “recreational pool”, and “semi-public pool”; and

(3) Establish an application, plan review and approval process for alterations, repairs, and replacements.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. The reduction of fees for certain food licenses and plan reviews, youth camp applications, and public swimming pool and spa applications will collectively decrease General Fund revenues, decrease expenditures of the regulated industries, and increase revenues and expenditures for local health departments. This proposal will not affect the Department’s expenditures as the proposal more closely aligns the workload with the current and projected funding levels. See below for additional information summarizing the economic impact of the proposed regulation revisions during year 1.

(1) COMAR 10.01.17 Fees for Community Health Programs: The Department will collect less net revenue in the form of annual food processing plant licensing and plan review fees, totaling $54,000 for year 1 ($34,600 from license fees and $19,400 from plan review fees). There is no economic impact on other State agencies or local governments. The regulated industry is expected to benefit from the lower fees, particularly small food processors and manufacturers. The regulated industry’s expenditures will decrease by $54,000 in year 1 (see II.A./III.A.).

(2) COMAR 10.01.17 Fees for Community Health Programs and 10.16.06 Certification for Youth Camps: The Department will collect less revenue through application fees for youth camp certification, totaling $15,260 for year 1 ($11,885 from day camp fees and $3,375 from residential camp fees). The decrease in revenue is due to lower fees for youth camps that meet the ‘good standing’ definition and who will receive a 75 percent reduction in the annual application fee. There is no economic impact on other State agencies or local governments. The proposed changes will have a positive economic impact on the regulated industry with a decrease in expenditures of $15,260 in year 1 (see II.A./III.A.).

(3) COMAR 10.01.17 Fees for Community Health Programs and 10.17.01 Public Swimming Pools and Spas: The Department’s revenue will decrease by $77,400 in year 1 ($30,600 from pool/spa alterations and $46,800 from pool/spa replacements) due to the establishment of new fee categories that distinguish between a public pool or spa plan review for an alteration, plan review for the replacement of a public pool or spa component, and delegation of responsibility to local health departments for reviewing applications and conducting plan reviews for replacement of a public pool or spa component. The Department will retain the authority to collect a $50 fee for applications for the replacement of a pool or spa component in the event that a local health department opts not to conduct these reviews. Additional effort will be required by local health departments to assume the responsibility of reviewing applications and completing plan reviews for the replacement of a public pool or spa component, which is estimated to increase local revenue and expenditures by $19,890 [see II.C.(1)/III.C.(1) and II.C.(2)/III.C.(2)]. The increased expenditures are due to the additional staff time required to complete plan reviews and the assumption that local application fees will be adopted to offset new operating expenses. The regulated industry will benefit from fee reductions of $77,400 in year 1 as approximately 90 percent of public pool or spa plan reviews are for alterations or replacement of components (see II.A./III.A.).

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure (E+/E-)

Magnitude

 


 

 

 

A. On issuing agency:

(R-)

$146,660

B. On other State agencies:

NONE

 

C. On local governments:

 

 

    (1)

(R+)

$19,890

    (2)

(E+)

$19,890

 

 

Benefit (+)

Cost (-)

Magnitude

 


 

 

 

D. On regulated industries or trade groups:

 

 

    (1)

(+)

$146,660

    (2)

(-)

$19,890

E. On other industries or trade groups:

NONE

 

F. Direct and indirect effects on public:

NONE

 

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

A. COMAR 10.01.17 Fees for Community Health Programs: All food plant processing fees are received by the Department on a rolling basis due to a variety of external factors (e.g. different operating seasons, various opening dates, failed inspections, etc.) The anticipated revenue reduction due to the proposed fee changes are based on the estimated number of licensed food processing plants for annual licensure fees and historical number for plan reviews. The change in fee revenue of $54,000 annually is calculated by multiplying the expected number of licenses and plan reviews by the difference in fee amount (see Table 1, Sections A and B).

Additionally, note that certain proposed revisions to food processing plants are not included in Table 1 because there is no associated fee change and no fiscal impact. For license fees, the seasonal food manufacturing plant will be renamed and moved with no change in fee amount. For plan review fees, the seasonal food manufacturing plant, on-farm home processing plant, and producer mobile farmer’s market unit will be established with no correlating fee. The removal of the retail water plant license and plan review fees will not have a fiscal impact on this proposal because the Department has not been collecting these fees for over four years as this type of facility is currently regulated through and housed in another retail facility (e.g. grocery store).

COMAR 10.01.17 Fees for Community Health Programs and 10.16.06 Certification for Youth Camps: The Department creates a definition of ‘good standing’, based on a camp’s record of compliance with critical health and safety requirements, the application process, and reporting requirements. Camps that meet the ‘good standing’ criteria will be required to conduct one self-assessment annually, in lieu of an annual inspection, that could be valid for up to three years. Twenty-five percent of the camps in ‘good standing’ will be selected at random for inspection each year, but all camps in ‘good standing’ will be inspected at least once every 4 years. Camps in ‘good standing’ pay 25 percent of the standard application fee annually (including the year in which they are inspected by the Department). The estimated percentage of camps that will achieve ‘good standing’ for year 1 is estimated to be 5 percent (based on previous inspection data from the Department) with an estimated increase of 5 percentage points each year up to an estimated maximum of 70 percent over 14 years. Any camp, whether in ‘good standing’ or not, can be inspected at any time in response to complaints, substantial changes in operation, other health or safety concerns, or as necessary for enforcement. A camp found to have a critical violation will lose its ‘good standing’ status and must pay the applicable standard application fee. The change in fee revenue of $15,260 is calculated by multiplying the expected number of applications for each and residential camper day level (based on current estimates) by the difference in fee amount (see Table 1, Section C).

COMAR 10.01.17 Fees for Community Health Programs and 10.17.01 Public Swimming Pools and Spas: The Department proposes to modify the categories for public swimming pool and spa applications and plan reviews based on the complexity of the modifications required. The simplest modification (a repair involving the substitution of an identical component) would not require approval; more complex modification (a replacement involving the substitution of a similar but not identical equipment) would be completed by local health departments via delegation agreements (the Department would retain responsibility for application reviews not delegated to a local health department); and the most complex modification (an alteration involving changes of the equipment room, bath house, component or configuration) would continue to be completed by the Department, as would pool or spa construction. As a result of these changes, the Department will collect less revenue in the form of public pool and spa application fees. Of the approximately 300 estimated applications reviewed annually, the Department estimates (based on current number of applications) that 153 (51%) would be alterations, 117 (39%) would be replacements under the proposed regulation, and 30 (10%) would be construction. The estimated revenue to the State for public swimming pool and spa applications is $120,000 (300 applications multiplied by $400 fee). As shown in Table 1 Section D, the anticipated reduction in General Fund revenue from this change would be $77,400. This is calculated by multiplying the expected number of applications by the difference in fee amount.

 

Table 1.  Proposed Fee and Revenue Changes to COMAR 10.01.17, 10.16.06, and 10.17.01

 

Current Fee

Proposed Fee

Annual Number of Licenses/Plan Reviews/ Applications

General Fund Change

A. Annual license fees for food processing plants

 

1). Replace the current shellfish plant license with the following:

 

 

 

 

a). Shucking/ packaging/ repackaging plant license

$400

$400

31

$0

b). Shellstock shipping/ reshipping plant license

$400

$200

95

($19,000)

c). Seasonal shellstock shipping/ reshipping plant license

$400

$100

32

($9,600)

2). Food warehouse or distribution center that distributes:

 

 

 

 

a). Potentially hazardous food

$400

$400

20

$0

b). Only non-potentially hazardous food

$400

$200

30

($6,000)

Subtotal – Food Plant License Fees

 

 

208

($34,600)

 

 

 

 

 

B. Plan review fees for food processing plants

 

 

 

 

1). Shucking/ packaging/ repackaging plant

$400

$400

1

$0

2). Shellstock shipping/ reshipping plant

$400

$0

20

($8,000)

3). Seasonal shellstock shipping/ reshipping plant

$400

$0

10

($4,000)

4). Food manufacturing plant*

$400

$400

30

$0

5). Food manufacturing plant - operating within another licensed food establishment

$400

$200

12

($2,400)

6). Hazardous Analysis and Critical Control Points (HACCP) – all food processing plants

$400

$200

25

($5,000)

Subtotal – Food Plan Review Fees

 

 

98

($19,400)

C. Annual application fees for youth camps***

 

 

 

 

1). Day camps:

 

 

 

 

a). 1 to 500 camper days

$200

$50

7

($1,050)

b). 501 to 2,000 camper days

$525

$130

13

($5,135)

c). 2,001 to 5000 camper days

$700

$175

7

($3,675)

d). Greater than 5,000 camper days

$900

$225

3

($2,025)

2). Residential camps:

 

 

 

 

a). 1 to 700 camper days

$500

$125

2

($750)

b). 701 to 5,000 camper days

$1,000

$250

2

($1,500)

c). 5,001 to 16,000 camper days

$1,500

$375

1

($1,125)

d). Greater than 16,000 camper days

$2,000

$500

0

$0

Subtotal – Youth Camp Application Fees

 

 

35

($15,260)

 

 

 

 

 

D. Application fees for pools and spas

 

 

 

 

 

1). Construction

$400

$400

30

$0

2). Alterations

$400

$200

153

($30,600)

3a). Replacement

(DHMH responsibility)

$400

 

$50

0**

 

3b). Replacement

(LHD responsibility)

$400

**

117

($46,800)

Subtotal – Pool/Spa Application Fees

 

 

300

($77,400)

 

 

 

 

 

Grand Total – General Fund Revenue Impact

 

 

641

($146,660)

Notes: * Food manufacturing plants are either freestanding or housed within another licensed food establishment. The “food manufacturing plant” category is included (as a freestanding facility) to illustrate that this proposal establishes a new category (“food manufacturing plant- operating within another licensed food establishment”) and reduces its fee from $400 to $200.

** Although this proposal authorizes DHMH to collect a $50 fee for pool/spa replacement plan reviews, this proposal assumes all LHDs will accept the delegation of this responsibility. General Fund revenue will decrease by $46,800.

*** The Department assumes all residential youth camps will have submitted their application fee to the Department within the first 6 months of this proposal; therefore, only the day youth camps will increase during the second 6 month period of year 1. This increase is expected to be approximately 25%.

C(1). The Department assumes that there will be an increase in revenues of $19,890 for local health departments due to the delegation of the pool and spa replacement plan review process. This assumes local health departments will charge $170/application (estimated in consultation with a local health department) to offset their increase in expenditures.

C(2). The Department assumes that there will be an increase in expenditures of $19,890 for local health departments due to the delegation of the pool and spa replacement plan review process. This assumes it will cost a local health department approximately $170/application (estimated in consultation with a local health department), which is multiplied by the estimated 117 replacement applications done by local health departments to calculate this estimate.

D(1). There are benefits to certain regulated entities arising from this proposal that include a fee savings of $146,660 from reductions in fees during year 1. Since certain food plant processing license and plan review fees were raised in 2012, the Department has received many complaints from processors about the burden of increased fees. Shellfish plants, small prepackaged food warehouses, and other small food processing plants in particular will receive the most savings due to the proposed fee reductions. The Department has responded to a series of requests from the youth camp industry that the Department recognize the performance of well-operated camps by creating a self-assessment process for those camps. This has been achieved in this proposal in COMAR 10.16.06, which recognizes self-assessments for camps in good standing. The Department estimates that there will be a positive economic impact on 5 percent of the members of the regulated industry who meet the ‘good standing’ definition, with an estimated increase of 5 percentage points annually up to an estimated maximum of 70 percent. This proposal authorizes a 75 percent reduction in the annual application fee for those camps that qualify. This is an incentive for the regulated industry to achieve and maintain a record of compliance with critical health and safety standards. The pool industry will benefit from the clarification regarding alterations and repair and replacement of pool components, as expressed in meetings the Department has held with the affected industry.

D(2). The Department also assumes that there will be an increase in cost to the pool industry resulting from the delegation of the swimming pool and spa replacement plan review process to local health departments. This assumes that local health departments will charge $170/application, which is estimated to cost the industry $19,890 (see III.C.) during year 1.

Economic Impact on Small Businesses

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

The Department assumes that there will be a positive economic impact on the members of the regulated industry totaling $146,660 annually. The Department also assumes that because a majority of the regulated entities (food processors and manufacturers, day and residential youth camp owners and operators, and public swimming pool and spa owners) are small businesses in Maryland, these savings will disproportionally impact 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 Michele A. Phinney, Director, Office of Regulation and Policy Coordination, Department of Health and Mental Hygiene`, 201 W. Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499; TTY:800-735-2258, or email to dhmh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through February 10, 2014. A public hearing has not been scheduled.

 

Subtitle 01 PROCEDURES

10.01.17 Fees for Community Health Programs

Authority: Health-General Article, §§2-104, 14-403, 21-301, 21-308, 21-309, 21-309.1, and 21-812, Annotated Code of Maryland

.02 Fees.

The following fees are established by the Secretary:

A. (text unchanged)

B. [A certificate or letter of compliance application fee, based on camper days, that is, the estimated cumulative number of campers enrolled each day multiplied by the number of days a camp may operate during a season, for:] Annual youth camp application fee based on estimated camper days, that is, the estimated average number of campers enrolled each day multiplied by the estimated number of days a camp intends to operate during a camp season, for:

(1) Except as specified in §B(2) of this regulation:

[(1)](a) Day camp:

[(a)](i)[(d)](iv) (text unchanged)

[(2)] (b) Residential camp:

[(a)] (i)[(c)] (iii) (text unchanged)

[(d)] (iv) Greater than 16,000 camper days — $2,000; or

(2) For a youth camp that is in good standing as defined in COMAR 10.16.06.02:

(a) Day camp:

(i) 1 to 500 camper days — $50;

(ii) 501 to 2,000 camper days — $130;

(iii) 2,001 to 5,000 camper days — $175; and

(iv) Greater than 5,000 camper days — $225; and

(b) Residential camp:

(i) 1 to 700 camper days — $125;

(ii) 701 to 5,000 camper days — $250;

(iii) 5,001 to 16,000 camper days — $375; and

(iv) Greater than 16,000 camper days — $500.

C. Annual license fee for:

(1) Food processing plants:

(a)—(e) (text unchanged)

(f) Shellfish [plant— $400;]:

(i) Shucking, packing, or repacking plant — $400;

(ii) Shipping or reshipping plant — $200; or

(iii) Seasonal shellstock shipping or reshipping plant — $100;

(g) (text unchanged)

(h) [Food] Effective January 6, 2014, food warehouse or distribution center [— $400] that distributes:

(i) Potentially hazardous food— $400; or

(ii) Only non-potentially hazardous food — $200;

(i) (text unchanged)

[(j) Retail water plant — $400;]

[(k)] (j)[(l)] (k) (text unchanged)

(l) Seasonal food manufacturing plant — $35;

(m)—(n) (text unchanged)

(2) (text unchanged)

[D. Seasonal food license fee — $35;]

[E.] D. Except for a local subdivision with delegated authority, plan review fee for [:

(1) Pool — $400;

(2) Spa — $400; and]

[(3) Food] food processing plants:

[(a)](1)[(e)](5) (text unchanged)

[(f)](6) Shellfish [plant — $400;] :

(a) Shucking, packing, or repacking plant — $400;

(b) Shipping or reshipping plant — no fee; or

(c) Seasonal shellstock shipping or reshipping plant — no fee;

[(g)] (7)[(i)] (9) (text unchanged)

[(j) Retail water plant — $400;]

[(k)] (10) Frozen food manufacturing plant — $400; [and]

(11) Seasonal food manufacturing plant — no fee;

(12) On-farm home processing plant — no fee;

(13) Producer mobile farmer’s market unit — no fee; and

(14) Food manufacturing plant operating in another licensed food establishment — $200;

[F.] E. Plan review fee for a food service facility that is a retail chain or a franchise operation planning to construct two or more facilities in the State from a single uniform set of plans — $400[.];

F. Food process or hazard analysis critical control point plan review in a retail facility or a food processing plant — $200; and

G. Except for a local subdivision with delegated authority, application review fee for:

(1) Construction of a public pool or spa — $400;

(2) Alterations at a public pool or spa — $200; and

(3) Replacements at a public pool or spa — $50.

 

Subtitle 16 HOUSING

10.16.06 Certification for Youth Camps

Authority: Health-General Article, §§2-104, 14-402(d), and 14-403; Family Law Article, §§5-704, and 5-705, Annotated Code of Maryland

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(11) (text unchanged)

(11-1) “Critical violation” means failure to comply with:

(a) Regulation .21 of this chapter;

(b) Regulation .22A(1) and (2) of this chapter;

(c) Regulation .23A of this chapter;

(d) Regulation .23B and D of this chapter;

(e) Regulation .27A—C of this chapter;

(f) Regulation .34A of this chapter;

(g) Regulation .35 of this chapter;

(h) Regulation .46A(1) and (2) of this chapter;

(i) Regulation .47C and F(6)—(9) of this chapter;

(j) Regulation .48D(1) of this chapter;

(k) Regulation .49C of this chapter;

(l) Regulation .50B of this chapter;

(m) Regulation .51B of this chapter;

(n) Regulation .52A(1) and B(1) of this chapter;

(o) Regulation .53A(1) and (2) of this chapter; or

(p) Regulation .54 of this chapter.

(12)(16) (text unchanged)

(16-1) “Good standing” means:

(a) Compliance with the:

(i) Annual report and self-assessment submission requirements as specified in Regulation .06 of this chapter; and

(ii) Application procedure and fee requirements as specified in Regulation .08 of this chapter; and

(b) A camp that in the previous calendar year paid the application fee as set forth in COMAR 10.01.17.02; and

(c) Had no critical violations of this chapter found by the Department during an inspection:

(i) In the last 2 calendar years; or

(ii) For a camp in good standing, in the last calendar year that an inspection took place.

(17)—(41) (text unchanged)

.06 Annual Report and Self-Assessment.

[An operator shall file within 2 weeks of the end of camp an annual report with the Youth Camp Safety Advisory Council stating:]

A. An operator of a program or activity that complies with Regulation .03 or .04 of this chapter and an operator of a youth camp shall submit an annual report, on a form prescribed by the Department, within 4 weeks of the end of the program, activity, or camp to the Department stating:

[A. The number of campers that attended during the past calendar year; and]

(1) The actual camper days, that is, the sum total of the actual number of campers who attended camp each day during a camp season;

(2) The number of injuries and illnesses that required an operator to submit a report to the Department under Regulation .25 of this chapter; and

[B.] (3) (text unchanged)

B. An operator of a camp that paid the reduced fee for a camp in good standing as set forth in COMAR 10.01.17.02B(2) shall:

(1) Complete a self-assessment on a form prescribed by the Department by the end of the first week of camp operation each year; and

(2) Submit the same form to the Department within 4 weeks of the end of the camp.

.08 Application Procedures and Fees.

A. (text unchanged)

B. For a camp that was issued a certificate or a letter of compliance by the Department in the previous calendar year and wishes to renew its certificate or letter of compliance for another year, an operator shall:

(1) (text unchanged)

(2) Except as provided in §§D and E of this regulation, pay to the Department the required fee as set forth in COMAR 10.01.17.02 at the time of application;

[(3) Submit documentation that verifies compliance with:

(a) Regulation .20 of this chapter;

(b) Regulation .22A(1) of this chapter;

(c) Regulation .23 of this chapter;

(d) Regulation .36B(1)—(2), C, or D of this chapter;

(e) Regulation .37A(1)—(2), B, C, or D of this chapter;

(f) Regulation .39B of this chapter;

(g) Regulation .42B of this chapter; and

(h) When a new specialized activity or a new location for a specialized activity is added to the camp’s program, Regulation .47—.52 of this chapter.]

(3) When a new specialized activity or a new location for a specialized activity is added to the camp’s program, submit documentation that verifies compliance with Regulations .47—.52 of this chapter; and

(4) When a camp changes location, submit documentation that verifies compliance with:

(a) Construction or alteration of a camp facility as specified in Regulation .20 of this chapter;

(b) Water supply as specified in Regulation .36B(1)—(2), C, or D of this chapter;

(c) Sewage disposal as specified in Regulation .37A(1)—(2), B, C, or D of this chapter;

(d) Food service as specified in Regulation .42 of this chapter; and

(e) Fire and electrical code safety as specified in Regulation .46A or B of this chapter.

C.—H. (text unchanged)

.09 Inspections.

A. The Department shall:

(1) (text unchanged)

(2) Inspect the camp at least every fourth year or as necessary for the enforcement of this chapter.

B.—D. (text unchanged)

.25 Required Reports.

An operator shall ensure that:

A. (text unchanged)

B. An injury or illness that requires care by a physician, dentist, or nurse and results in the camper being treated at a medical facility, having a laboratory analysis performed, or undergoing an x-ray, is reported:

(1) (text unchanged)

(2) To the Department within [2] 4 weeks of the end of camp on a form that meets the requirements of Regulation .26 of this chapter;

C.—E. (text unchanged)

 

Subtitle 17 SANITATION

10.17.01 Public Swimming Pools and Spas

Authority: Health-General Article, §§2-104, Annotated Code of Maryland, and U.S.C. §8003

.03 Previously [Approved] Constructed Pools and Spas.

A. Except as provided in [§§D and E] §C of this regulation, the owner of a pool or spa that was [approved by the Secretary for construction] constructed before [the adoption of this chapter] February 10, 1997 is exempt from bringing the [previously approved] pool or spa into compliance with:

(1)—(2) (text unchanged)

[B. The owner of a pool or spa that was approved by the Secretary for construction before the adoption of this chapter shall maintain the pool or spa including appurtenant structures and equipment as originally approved and may complete a repair that restores the pool or spa to its original condition before damage or deterioration without complying with the requirements of this chapter, except for Regulations .06C and .28 of this chapter, when the repair:

(1) Costs less than 25 percent of the replacement value of the pool or spa, including appurtenant structures and equipment;

(2) Consists of the same or equivalent materials and components having the same specifications, operating characteristics, and certifications as the original construction; and

(3) Does not create a danger or allow a danger to continue that threatens the health and safety of an individual using the pool or spa.

C. The owner of a pool or spa that was approved by the Secretary for construction before the adoption of this chapter shall ensure that a repair complies with all applicable provisions of this chapter when completing a repair that:

(1) Costs more than 25 percent of the replacement value of the pool or spa, including appurtenant structures and equipment; or

(2) Alters the materials or components of the original construction.]

B. Except for Regulation .28 of this chapter, the owner of a pool or spa that was constructed before February 10, 1997:

(1) Shall maintain the pool or spa, including appurtenant structures and equipment as originally constructed; and

(2) May complete a repair according to Regulation .06P that restores the pool or spa to its original condition before damage or deterioration without the component complying with the requirements of this chapter.

[D. The] C. For a pool or spa that was constructed before February 10, 1997, the exemptions in [§§A and B] §A of this regulation do not apply if:

(1) [The previously approved] The pool or spa has a condition that jeopardizes the health or safety of the public, in which case the owner shall ensure that the condition is corrected to meet the requirements of this chapter;

(2) An owner intends to alter the [previously approved] pool or spa, including appurtenant structures and equipment, in which case the owner shall ensure that the alteration complies with the requirements of this chapter; or

(3) A suction outlet is not in compliance with Regulation .28 of this chapter, in which case the owner shall ensure that the suction outlet is [repaired or] altered to meet the requirements of Regulation .28 of this chapter for suction entrapment prevention.

[E. Notwithstanding the exemptions set forth in §A of this regulation, a previously approved pool or spa is not exempt from Regulations .16C, .17D, .22A(2), .26A, .26D, .26G, .27A, .27C, .27E, .28D, .40C(1), .40F(1), and .40F(2) of this chapter.]

.05 Definitions.

A. (text unchanged)

B. Terms Defined.

[(1) Alter.

(a) “Alter” means to:

(i) Change, modify, or rearrange a facility’s structural parts or design;

(ii) Enlarge a structure;

(iii) Move a structure from one location or position to another;

(iv) Change a circulation system component;

(v) Replace a piping system; or

(vi) Install a new structural part or circulation system component that was not part of the original structure or system.

(b) “Alter” does not include repairing an existing, previously approved facility.]

(1) Alteration.

(a) “Alteration” means to:

(i) Change or modify an equipment room, a bathhouse, a component, or the configuration of a pool or spa;

(ii) Move a component from one location or position to another; or

(iii) Install a new component.

(b) “Alteration” does not include a repair or replacement.

(2)—(4) (text unchanged)

(4-1) “Component” means:

(a) A piece of pool or spa equipment;

(b) A deck;

(c) A barrier;

(d) One or more skimmers;

(e) One or more filters, including piping and valves;

(f) A ventilation system;

(g) Lighting provided for water, deck, and walkways; or

(h) Pipe material for pool or spa water.

(5)—(17) (text unchanged)

(18) Public Pool and Public Spa.

(a) (text unchanged)

(b) “Public pool” includes a:

(i)—(ii) (text unchanged)

(iii) Semipublic pool, as defined in [§B(22)] §B(23) of this regulation.

(c) “Public spa” includes a semipublic spa, as defined in [§B(22)] §B(23) of this regulation.

(19) “Recreational pool” means a pool that:

(a) Is not a limited public-use pool, private pool, or semipublic pool, as defined in [§§B(7), (17), and (22)] §§B(7), (17), and (23) of this regulation;

(b)—(e) (text unchanged)

(f) Is provided by, or used by a:

(i)—(iv) (text unchanged)

(v) An apartment complex, housing subdivision, or mobile home park with more than ten units, except as provided in [§B (22)(a)(v)] §B(23)(a)(v) of this regulation; or

(g) (text unchanged)

(20) Repair.

[(a) “Repair” means the replacement of existing work with the same kind of materials for the purpose of maintenance and the replacement of a previously approved piece of equipment with an equivalent unit having the same specifications, operating characteristics, and certifications.

(b) “Repair” does not include alterations, installation of additional equipment, or work that requires local building, electrical, or plumbing approval.]

(a) “Repair” means substituting a component having the same make and model as the previously approved component for the previously approved component.

(b) “Repair” does not include:

(i) Replacements;

(ii) Alterations;

(iii) Installation of additional equipment; or

(iv) Substitutions involving a component which do not meet the requirements of this chapter.

(20-1) Replacement.

(a) “Replacement” means substituting a component, which has a different make or model but has the same operating characteristics and certifications as the previously approved component, for the previously approved component.

(b) “Replacement” does not include:

(i) Repairs;

(ii) Substitutions involving a pump;

(iii) Substitutions involving a suction outlet sump or cover;

(iv) Alterations;

(v) Installation of additional equipment; or

(vi) Substitutions involving a component which do not meet the requirements of this chapter.

(21)—(22) (text unchanged)

(23) “Semipublic pool” and “semipublic spa” mean a pool or spa at a facility that:

(a) (text unchanged)

(b) Has a pool or spa that is not:

(i) Open for admission to the general public, except as provided in [§B(22)(a)] §B(23)(a) of this regulation;

(ii)—(v) (text unchanged)

(24)—(38) (text unchanged)

.06 Construction, Alteration, and Replacement Permits for Recreational Pools, Semipublic Pools, and Public Spas.

A. An owner who intends to construct or alter a recreational pool, semipublic pool, or public spa or replace a public pool or spa component shall obtain a construction, alteration, or replacement permit from the Secretary before beginning construction [or], alteration, or replacement work.

B. An owner may not construct or alter a recreational pool, semipublic pool, or public spa or replace a public pool or spa component without a construction, alteration, or replacement permit.

[C. For repairs at a previously approved recreational pool, semipublic pool, or public spa, an owner:

(1) May repair previously approved structures and equipment in accordance with Regulation .03 of this chapter without obtaining a construction permit; and

(2) Shall notify the Secretary, within 10 days, of a repair that results in the replacement of a circulation system component, except when the component is replaced with the exact same model and make as the previously approved component.]

[D.] C. To obtain a construction, alteration, or replacement permit, an owner shall submit to the Secretary:

(1) An application for a construction, alteration, or replacement permit on an application form provided by the Secretary that includes:

(a) The full names and addresses of the owner and authorized agents of the owner who may act on the owner’s behalf during the construction or alteration of the pool or spa, or the replacement of the public pool or spa component;

(b) A statement saying “I hereby acknowledge that all items either listed or shown in these plans and specifications as not in contract [(NIC)], by others, or equivalent, are my responsibility. I also realize that this entire project must be completed in accordance with the approved plans and specifications and all conditions listed in the construction, alteration, or replacement permit and meet the requirements of this chapter prior to the issuance of an operating permit by the Secretary[,]; and

(c) The owner’s signature, which [indicates]:

(i) Indicates the owner has supplied the correct information on and with the application; and [is]

(ii) Is in agreement with the statement set forth in [§D(1)(b)] §C(1)(b) of this regulation; and

(2) Plans and specifications for the construction [or], alteration, or replacement which:

(a) Are prepared by a licensed or certified professional engineer, architect, draftsman, or a person with extensive experience in the design of pools and spas[,];

(b) Are drawn to scale, in a professional and accurate manner, with sufficient clarity and detailed dimensions to show the nature and character of the work to be performed[,]; and

(c) (text unchanged)

[E. An] D. Except for an alteration or replacement, an owner shall ensure that the plans and specifications required in [§D] §C of this regulation include the following [, except that for an alteration, the owner shall submit only the information that pertains to the alteration]:

(1)—(18) (text unchanged)

E. An owner shall ensure that, for an alteration or replacement, the plans and specifications required in §C of this regulation include the information that pertains to the alteration or replacement.

F. An owner shall obtain necessary local zoning approval and building, electrical, plumbing, and other applicable local permits before beginning construction or alteration of a recreational pool, semipublic pool, or public spa or replacement of a public pool or spa component.

G. Before issuing a construction, alteration, or replacement permit, the Secretary may require changes in the design of the facilities if the design does not meet the criteria set forth in this chapter.

H. Upon an owner’s compliance with the provisions of this chapter, the Secretary shall approve the plans and specifications and issue a construction, alteration, or replacement permit, which is valid for the start of the construction, alteration, or replacement for 1 year from the date of issue and for 1 additional year from the date construction, alteration, or replacement begins.

I. The local county health officer may not approve a local building permit for recreational pool, semipublic pool, or public spa construction, alteration, or replacement until the plans and specifications for pool or spa construction or alteration, or the replacement of a public pool or spa component have been approved by the Secretary.

J. The Secretary shall review the plans and application and shall approve or deny issuance of a construction, alteration, or replacement permit within 30 days of receipt of the application.

K. If plans are submitted that are not in compliance with the requirements of this chapter, the Secretary shall disapprove the plans and deny the issuance of a construction, alteration or replacement permit.

L. An owner may not deviate from the approved plans and specifications [in the construction or alteration of] for construction, alteration, or replacement at a recreational pool, semipublic pool, or public spa unless revised plans are submitted to and approved in writing by the Secretary.

M. If a recreational pool, semipublic pool, or public spa is not being constructed or altered or components are not being replaced in accordance with the approved plans, the Secretary may revoke the construction, alteration, or replacement permit for the construction [or], alteration, or replacement and the owner immediately shall cease construction [or], alteration, or replacement.

N. If the Secretary denies the issuance of a construction, alteration, or replacement permit as set forth in §K of this regulation, or revokes a construction, alteration, or replacement permit as set forth in §M of this regulation, the Secretary shall notify the owner in writing:

(1)—(3) (text unchanged)

O. An owner shall ensure that a construction, alteration, or replacement permit is posted in a conspicuous location at the site of construction [or], alteration, or replacement.

P. An owner may make a repair to a previously approved structure, component, or piece of equipment in accordance with this chapter without:

(1) Obtaining a construction, alteration or replacement permit from the Secretary; or

(2) Notifying the Secretary.

.08 Approval After Construction [or], Alteration, or Replacement.

A. After [the construction, or alteration of] construction, alteration, or replacement of a component at a recreational pool, semipublic pool, or public spa is completed, the owner shall contact the Secretary for approval of the pool or spa within 30 days.

B. (text unchanged)

C. A person may operate or permit the use of a recreational pool, semipublic pool, or public spa for 30 days after completing the replacement of a public pool or spa component without receiving a final inspection and written approval from the Secretary.

[C.] D. The Secretary shall conduct an inspection or inspections to ensure that a recreational pool, semipublic pool, or public spa is constructed or altered, or that a public pool or spa component is replaced according to the approved plans and meets the requirements of this chapter, and shall:

(1) Grant written approval for the pool or spa if it was constructed or altered, or a public pool or spa component was replaced according to the approved plans, meets the requirements of this chapter, and the owner has received local approval for any building, electrical, plumbing, or other work that requires a local permit; or

(2) Deny approval for the pool or spa if it was not constructed or altered, or a public pool or spa component was not replaced according to the approved plans, does not meet the requirements of this chapter, or the owner has not received local approval for any building, electrical, plumbing, or other work that requires a local permit.

[D.] E. The Secretary shall grant written approval or deny approval of the completed construction, [or] alteration, or replacement of a public pool or spa component within 30 days of receipt of notice of completion from the owner.

[E.] F. If minor items that do not affect the health or safety of the public need to be corrected, the Secretary may issue a partial approval for the pool or spa after construction, [or] alteration, or replacement of a public pool or spa component pending full compliance according to the following conditions:

(1)—(2) (text unchanged)

[F.] G. If the Secretary does not grant approval for the pool or spa after it is constructed or altered, or a public pool or spa component is replaced, the Secretary shall notify the owner in writing:

(1)—(3) (text unchanged)

.27 Diving Area and Equipment.

An owner of a public pool shall ensure that:

A.—E. (text unchanged)

F. A starting block:

(1) (text unchanged)

(2) At a [previously approved] pool constructed before February 10, 1997, is located so that a swimmer dives into a minimum of:

(a)—(b) (text unchanged)

.28 Suction Entrapment Prevention.

To prevent a suction entrapment hazard, an owner shall ensure that:

A.—E. (text unchanged)

F. A [previously approved] pool or spa constructed before February 10, 1997 is provided by June 1, 2002, with:

(1)—(3) (text unchanged)

G. As an interim measure, until a [previously approved] pool or spa constructed before February 10, 1997 is in compliance with §F of this regulation:

(1)—(2) (text unchanged)

H.—I. (text unchanged)

.53 Variances.

A. An owner who has been granted a variance by the Secretary before [the adoption of this chapter] February 10, 1997 may continue to operate under that variance.

B.—E. (text unchanged)

Joshua M. Sharfstein, M.D.
Secretary of Health and Mental Hygiene

 

Subtitle 14 CANCER CONTROL

10.14.02 Reimbursement for Breast and Cervical Cancer Diagnosis and Treatment

Authority: Health-General Article, §§2-102, 2-104, and 2-105, Annotated Code of Maryland

Notice of Proposed Action

[14-014-P]

The Secretary of Health and Mental Hygiene proposes to amend Regulations .02—.04, .07—.14, and .22 under COMAR 10.14.02 Reimbursement for Breast and Cervical Cancer Diagnosis and Treatment.

Statement of Purpose

The purpose of this action is to revise and update language to align the Breast and Cervical Cancer Diagnosis and Treatment Program (Program) with health reform changes, effective January 1, 2014 and add language limiting pharmacy rebate repayment to a certain time period. The proposed amendments will:

(1) Allow reimbursement for co-pays and co-insurance for insured individuals;

(2) Modify references to reimbursing MHIP costs for only as long as MHIP is available;

(3) Eliminate references to enrolling new individuals in the Maryland Health Insurance Plan (MHIP); and

(4) Prohibit a drug manufacturer or its designee from disputing or requesting repayment of any rebate paid under COMAR 10.14.02.08H more than 3 years after the date the rebate was paid to the Department.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. As a result of the implementation of health care reform on January 1, 2014, the proposed action will result in a reduction of program expenditures from fee-for-service medical reimbursements and an increase of expenditures from the payment of insurance deductibles and patient contribution amounts (co-pays and co-insurance) for program participants. The proposal will also modify current regulatory language that permits the Program to reimburse for Maryland Health Insurance Plan (MHIP) costs so that this reimbursement can only be made for as long as MHIP is available. As MHIP is phased out, the Program will no longer pay for MHIP premiums, co-pays, and co-insurance. Current program participants that are enrolled in MHIP through the Program will shift from MHIP coverage to expanded Medicaid coverage, insurance coverage through the Maryland Health Benefit Exchange (MHBE), or will fall out of coverage altogether. Additionally, this proposed action will prohibit a drug manufacturer or its designee from disputing or requesting repayment of any rebate paid (under COMAR 10.14.02.08H) more than three years after the date the rebate was paid to the Department. This modification along with the shift of program participants to health insurance coverage reimbursements and from MHIP to other health insurance coverage will result in an economic impact to the Program; however, the Department is unable to determine the economic impact of this proposed action due to many unknown variables.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency:

(E-)

Indeterminate

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

NONE

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

NONE

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

A. The Program is unable to determine the full economic impact of the proposed action.

The proposed action will allow reimbursement for deductible and patient contribution amounts (co-pays and co-insurance) for individuals that meet the Program’s eligibility standards. Traditionally, the Program has reimbursed medical providers on a fee-for-service basis for medical procedures and services related to the diagnosis and/or treatment of breast and cervical cancer. In recent years, the Program has enrolled a subset of its participants (approximately 100) in MHIP. For this subset of participants, the Program reimbursed MHIP premiums, deductibles, and patient contribution amounts instead of following the fee-for-service reimbursement model. However, for the majority of Program participants these costs have not previously been incurred. The exact costs to reimburse medical providers for program participant deductibles and patient contribution amounts are not able to be accurately estimated at this time. This is because individuals enrolling in health insurance coverage via the MHBE will be able to choose different plan options that will have differing deductible, co-pay, and co-insurance amounts. The Department is unable to know which plans participants may choose to enroll in, and since the patient contribution amounts that the Program will be expected to reimburse will vary so greatly, an accurate figure for these costs is not able to be determined. The Program assumes that the average patient contribution amount per program participant per year will be approximately $5,000. However, the Program is uncertain as to how many existing program participants who are currently have medical services reimbursed as fee-for-service will be enrolled in new health coverage between January 1 and March 31, 2014 (the end of open enrollment through the MHBE). Additionally, a proportion of these program participants may be eligible for expanded Medicaid, but the Program is uncertain as to how many people will access either expanded Medicaid or other health insurance coverage. The Program assumes that there will also be program participants that will continue to have no coverage and will need to have medical services reimbursed under the existing fee-for-service structure.

The proposed action also modifies references to reimbursing MHIP costs for as long as MHIP is available (estimated to end in sometime in CY2014). Any reduction of expenditures or savings achieved from no longer reimbursing expenses related to MHIP will be redirected to pay for the deductibles and patient contribution amounts for participants enrolled in other health insurance. Additionally, this action will result in no new MHIP enrollees through the Program and therefore no additional premiums, co-pays, and co-insurance for MHIP will be reimbursed for new program participants.

The additional proposed action will prohibit a drug manufacturer or its designee from disputing or requesting repayment of any rebate paid more than three years after the date the rebate was paid to the Department. This provision puts the Program in alignment with existing Medicaid regulations (COMAR 10.09.03.05-1. The Department is unable to assess the potential economic impact because it is unknown whether this may result in a negative revenue impact due to the limitation of the time period for disputes and repayment requests.

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 Michele A. Phinney, Director, Office of Regulation and Policy Coordination, Department of Health and Mental Hygiene, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499; TTY:800-735-2258, or email to dhmh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through February 10, 2014. A public hearing has not been scheduled.

 

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(61) (text unchanged)

(62) “Program” means the Breast and Cervical Cancer Diagnosis and Treatment Program within the Department established to:

(a) (text unchanged)

(b) Pay for MHIP coverage, if available, for eligible patients in lieu of providing direct reimbursement to participating medical care providers.

(63)—(73) (text unchanged)

.03 Patient Eligibility.

A.—B. (text unchanged)

C. Health insurance statuses which may render an applicant eligible include the following:

(1)—(2) (text unchanged)

(3) The applicant has health insurance other than Medical Assistance or Medicare which:

(a) (text unchanged)

(b) Requires that a deductible be paid by the applicant for the covered medical procedure or service; [or]

(c) Reimburses at a rate lower than the Medical Assistance approved rate in the State; or

(d) Has a patient contribution amount for the reimbursed medical procedure or service that the applicant is required to pay;

(4) The applicant is enrolled in one of the following Medical Assistance programs:

(a)—(c) (text unchanged)

(d) Qualified Medicare Beneficiary (QMB) [; or].

[(5) The applicant meets all other eligibility criteria under this regulation and is also eligible for MHIP.]

D.—F. (text unchanged)

G. An eligible patient is responsible for the following:

(1) (text unchanged)

(2) Selecting and using only a participating medical care provider; and

(3) Signing the release of patient information form for the Program developed and approved by the Department [; and

(4) If covered by health insurance other than Medicare or MHIP, paying the patient contribution amount].

.04 Physician Services.

A. To be considered a participating physician in the Program, the provider shall:

(1)—(3) (text unchanged)

(4) Agree to accept, for each covered medical procedure performed or service provided, the following reimbursement including, if applicable, a medical management fee as described in Regulation .15 of this chapter:

(a) (text unchanged)

(b) The reimbursement rate approved by the insurer plus the payment of the outstanding deductible and patient contribution amount by the Department for an eligible patient who has insurance, other than Medicare, that provides coverage for a reimbursed procedure or service;

(c) The reimbursement rate approved by Medicare plus the payment of the outstanding deductible and the patient contribution amount by the Department for an eligible patient who is covered by Medicare [only]; or

(d) (text unchanged)

(5) (text unchanged)

[(6) Agree not to bill an eligible patient, who has health insurance other than Medicare, for an additional charge for the reimbursed medical procedure performed or service provided other than the patient contribution amount, excluding the deductible; ]

[(7)] (6) Agree not to bill an eligible patient, who is uninsured or is covered by Medicare or [MHIP] other insurance, for an additional charge for the reimbursed medical procedure performed or service provided;

[(8)] (7)[(12)] (11) (text unchanged)

B.—D. (text unchanged)

E. The participating physician is responsible for the following:

(1)—(4) (text unchanged)

(5) Submitting a bill for the reimbursed medical procedure performed or service provided on the designated Departmental form within 12 months of the date of service as follows:

(a) (text unchanged)

(b) If an eligible patient is covered by Medicare or [MHIP] or other insurance, the participating physician shall bill:

(i) Medicare or [MHIP] the other insurance for the procedure or service in accordance with Medicare or [MHIP] the other insurance billing specifications; and

(ii) The Department for the outstanding deductible and patient contribution amount [; or

(c) If an eligible patient has health insurance other than Medicare or MHIP and the insurance provides coverage for the medical procedure or service, the participating physician shall bill the:

(i) Eligible patient’s insurer for the procedure or service,

(ii) Department for any outstanding deductible and, if the insurer pays less than the current Medical Assistance approved rate for the service, the difference between the insurance reimbursement rate and the Medical Assistance approved rate in the State, and

(iii) Patient for any patient contribution amount;].

(6)—(9) (text unchanged)

F.—G. (text unchanged)

.07 Physical Therapy Services.

A.—E. (text unchanged)

F. Reimbursement Principles.

(1) The Department shall reimburse the participating physical therapist:

(a) For a covered service performed in the provider’s office for an eligible patient who:

(i) Is uninsured or has insurance that does not provide coverage for the reimbursed procedure or service, the current Medical Assistance approved rate in the State[,]; or

(ii) Has [insurance other than] Medicare or [MHIP] other insurance that provides reimbursement for a covered procedure or service, the outstanding deductible and the patient contribution amount required by the insurer; and

[(iii) Is covered by Medicare, pursuant to COMAR 10.09.17.06F and G;

(iv) Is covered by MHIP, pursuant to Regulation .22 of this chapter; or

(v) Has insurance that provides reimbursement for the covered procedure or service that is less than the current Medical Assistance rate, the difference between the reimbursement rate approved by the insurer and the Medical Assistance approved rate in the State plus the payment of the outstanding deductible; and]

(b) (text unchanged)

(2) (text unchanged)

G.—H. (text unchanged)

.08 Pharmacy Services.

A.—B. (text unchanged)

C. Nonreimbursed pharmacy services include but are not limited to:

(1)—(3) (text unchanged)

(4) A drug not directly related to the diagnosis and treatment of breast or cervical cancer or a complication of treatment for breast or cervical cancer.

D. (text unchanged)

E. The Department shall reimburse the participating pharmacy:

(1) Pursuant to COMAR 10.09.03.07A—G and H(1)—(3), and (5)—(6); and

(2) For the deductible or patient contribution amount, or both.

F.—H. (text unchanged)

I. Limitations.

(1)—(2) (text unchanged)

(3) No manufacturer or its designee may dispute or request repayment of any rebate paid under §H of this regulation more than 3 years after the date the rebate was paid.

J. (text unchanged)

.09 Hospital Services.

A.—D. (text unchanged)

E. The participating hospital is responsible for:

(1) Submitting a bill for the reimbursed services provided on the designated Departmental form as follows:

(a) If an eligible patient is uninsured, or is insured[,] but the insurance does not provide coverage for the reimbursed service, the participating hospital shall send the Department the bill for the service, with a denial from the patient’s insurance carrier, within 12 months of the date of discharge or outpatient service; or

(b) If an eligible patient is covered by Medicare or [MHIP] other insurance, the participating hospital shall bill:

(i) Medicare or [MHIP] the other insurance for the procedure or service; and

(ii) The Department for the outstanding deductible and patient contribution amount;[or

(c) If an eligible patient has insurance other than Medicare or MHIP and the insurance provides coverage for the reimbursed service, the participating hospital shall bill the:

(i) Eligible patient’s insurer for the service;

(ii) Department for the outstanding deductible; and

(iii) Eligible patient for the patient contribution amount;]

(2)—(3) (text unchanged)

F. (text unchanged)

G. Reimbursement Rates.

(1) A participating hospital located in Maryland shall be reimbursed by the Department:

(a) (text unchanged)

(b) Pursuant to COMAR 10.09.06.10K and L for an eligible patient who is covered by Medicare; or

[(c) Pursuant to Regulation .22 of this chapter for an eligible patient who is covered by MHIP; or]

[(d)] (c) For an eligible patient who has insurance other than Medicare [or MHIP] that provides coverage for the reimbursed service, the outstanding deductible and patient contribution amount required by the insurer.

(2) A participating hospital located in a state bordering Maryland shall be reimbursed by the Department:

(a) (text unchanged)

(b) Pursuant to COMAR 10.09.06.10K and L for an eligible patient who is covered by Medicare; or

[(c) Pursuant to Regulation .22 of this chapter for an eligible patient who is covered by MHIP; or]

[(d)] (c) For an eligible patient who has insurance other than Medicare [or MHIP] that provides coverage for the reimbursed services, the outstanding deductible and patient contribution amount required by the insurer.

(3) A participating hospital located in the District of Columbia shall be reimbursed by the Department:

(a) (text unchanged)

(b) Pursuant to COMAR 10.09.06.10K and L for an eligible patient who is covered by Medicare; or

[(c) Pursuant to Regulation .22 of this chapter, for an eligible patient who is covered by MHIP; or]

[(d)] (c) For an eligible patient who has insurance other than Medicare [or MHIP] that provides coverage for the reimbursed services, the outstanding deductible and patient contribution required by the insurer.

H. (text unchanged)

.10 Disposable Medical Supplies and Durable Medical Equipment.

A.—D. (text unchanged)

E. Reimbursement Procedures. The participating medical supply company:

(1) Shall submit the request for payment for the reimbursed service on the form designated by the Department within 12 months of the date of service as follows:

(a) If an eligible patient is uninsured, or is insured [,] but the insurance does not provide coverage for the reimbursed service, the participating medical supply company shall send the Department the bill for the service, with a denial from the patient’s insurance carrier; or

(b) If an eligible patient is covered by Medicare or [MHIP] other insurance, the participating medical supply company shall bill:

(i) Medicare or [MHIP] the other insurance for the service; and

(ii) The Department for the outstanding deductible and patient contribution amount;[or

(c) If an eligible patient has insurance other than Medicare or MHIP and the insurance provides coverage for the reimbursed service, the participating medical supply company shall bill the:

(i) Eligible patient’s insurer for the service,

(ii) Department for the outstanding deductible and, if the insurer pays less than the current Medical Assistance approved rate for the service, the difference between the insurance reimbursement rate and the Medical Assistance approved rate in the State, and

(iii) Eligible patient for the patient contribution amount;]

(2)—(3) (text unchanged)

F. Reimbursement Procedures.

(1) The Department shall reimburse the participating medical supply company:

(a) (text unchanged)

(b) Pursuant to COMAR 10.09.12.07R and S for an eligible patient who is covered by Medicare; or

[(c) Pursuant to Regulation .22 of this chapter for an eligible patient who is covered by MHIP; or]

[(d)] (c) The outstanding deductible and patient contribution amount required by the insurer for an eligible patient who has insurance, other than Medicare or [MHIP] other insurance, that provides coverage for the reimbursed service.

(2) (text unchanged)

G. (text unchanged)

.11 Home Health Services.

A.—D. (text unchanged)

E. The participating home health services provider is responsible for:

(1) Submitting a bill for the reimbursed service provided on the form designated by the Department within 12 months of the date of service, as follows:

(a) If an eligible patient is uninsured or is insured, but the insurance does not provide coverage for a reimbursed service, the participating home health services provider shall send the Department the bill for the service; or

(b) If an eligible patient is covered by Medicare or [MHIP] other insurance, the participating home health services provider shall bill:

(i) Medicare or [MHIP] the other insurance for the procedure or service; and

(ii) The Department for the outstanding deductible and patient contribution amount [; or

(c) If an eligible patient has insurance other than Medicare or MHIP and the insurance provides coverage for a reimbursed service, the participating home health services provider shall bill the:

(i) Eligible patient’s insurer for the service;

(ii) Department for the outstanding deductible and, if the insurer pays less than the current Medical Assistance approved rate for the service, the difference between the insurance reimbursement rate and the Medical Assistance approved rate in the State; and

(iii) Eligible patient for the patient contribution amount]; and

(2) (text unchanged)

F. Reimbursement Rates. A non-hospital-based participating home health services provider located in Maryland, or a participating home health services provider located in a jurisdiction bordering Maryland shall be reimbursed by the Department:

(1) Pursuant to COMAR 10.09.04.07E for an eligible patient who is uninsured or who has insurance that does not provide coverage for the reimbursement service; and

(2) For the outstanding deductible and patient contribution amount, if applicable, for an eligible patient who is covered by Medicare or [MHIP] other insurance [; and].

[(3) The outstanding deductible required by the insurer for an eligible patient who has insurance other than Medicare or MHIP that provides coverage for the reimbursed service.]

G. (text unchanged)

.12 Medical Laboratory Services.

A.—C. (text unchanged)

D. Reimbursement Procedures. The participating medical laboratory is responsible for:

(1) Submitting a bill for the reimbursed service provided on the form designated by the Department within 12 months of the date of service as follows:

(a) If an eligible patient is uninsured or has insurance that does not provide coverage for the reimbursed service, the participating medical laboratory shall send the bill to the Department; or

(b) If an eligible patient is covered by Medicare or [MHIP] other insurance, the participating medical laboratory shall bill:

(i) Medicare or [MHIP] the other insurance for the service, and

(ii) The Department for the outstanding deductible and patient contribution amount [; or

(c) If an eligible patient has insurance, other than Medicare or MHIP, and the insurance provides coverage for the reimbursed service, the participating medical laboratory shall bill the:

(i) Eligible patient’s insurer for the service,

(ii) Department for the outstanding deductible and, if the insurer pays less than the current Medical Assistance approved rate for the service, the difference between the insurance reimbursement rate and the Medical Assistance approved rate in the State, and

(iii) Eligible patient for the patient contribution amount]; and

(2) (text unchanged)

E. Payment Procedures.

(1) The Department shall pay the participating medical laboratory for a reimbursed service:

(a) Pursuant to COMAR 10.09.09.07E for an eligible patient who is uninsured or has insurance that does not provide coverage for the reimbursed service; or

(b) Pursuant to COMAR 10.09.09.07F and G for an eligible patient who is covered by Medicare[;

(c) Pursuant to Regulation .22 of this chapter for an eligible patient who is covered by MHIP; or

(d) For an eligible patient who has insurance, other than Medicare or MHIP, that provides coverage for the reimbursed service, the outstanding deductible required by the insurer plus, if the insurer pays less than the current Medical Assistance approved rate for the service, the difference between the insurer’s reimbursement rate and the Medical Assistance approved rate in the State].

(2) (text unchanged)

F. (text unchanged)

.13 Freestanding Ambulatory Surgical Center Services.

A.—C. (text unchanged)

D. A participating freestanding ambulatory surgical center shall:

(1) (text unchanged)

(2) Submit a bill for the reimbursed service provided for an eligible patient on the form designated by the Department within 12 months of the date of service as follows:

(a) If an eligible patient is uninsured or has insurance that does not provide coverage for the reimbursed service, the participating freestanding ambulatory surgical center shall send the bill to the Department; or

(b) If an eligible patient is covered by Medicare or [MHIP] other insurance, the participating freestanding ambulatory surgical center shall bill:

(i) Medicare or [MHIP] the other insurance the composite rate for the service or procedure performed; and

(ii) The Department for the outstanding deductible and patient contribution amount [;or.

(c) If an eligible patient has insurance, other than Medicare or MHIP, that provides coverage for the reimbursed service, the participating freestanding ambulatory surgical center shall bill the:

(i) Eligible patient’s insurer for the service or procedure performed,

(ii) Department for the outstanding deductible, and

(iii) Eligible patient for the patient contribution amount].

E. The Department shall pay the participating freestanding ambulatory surgical center for a reimbursed service:

(1) (text unchanged)

(2) Pursuant to COMAR 10.09.42.06F—L for an eligible patient who is covered by Medicare; or

[(3) Pursuant to Regulation .22 of this chapter for an eligible patient who is covered by MHIP; or]

[(4)] (3) The outstanding deductible and patient contribution amount required by the insurer for an eligible patient who has insurance, other than Medicare [or MHIP], that provides coverage for the reimbursed service.

F. (text unchanged)

.14 Occupational Therapy Services.

A.—D. (text unchanged)

E. Reimbursement Principles.

(1) The Department shall reimburse the participating occupational therapist:

(a) For a covered service performed in the provider’s office for an eligible patient who:

(i) (text unchanged)

(ii) Has insurance other than Medicare [or MHIP] that provides reimbursement for a covered procedure or service, the outstanding deductible required by the insurer; or

(iii) Is covered by Medicare or [MHIP] other insurance, the outstanding deductible and patient contribution amount;[or

(iv) Has insurance that provides reimbursement for the covered procedure or service that is less than the Medical Assistance rate, the difference between the reimbursement rate approved by the insurer and the Medical Assistance approved rate in the State plus the payment of the outstanding deductible;] and

(b) (text unchanged)

(2) (text unchanged)

F.—G. (text unchanged)

.22 Maryland Health Insurance Plan Coverage.

A. In lieu of providing direct reimbursement to participating medical care providers, the Program may pay MHIP, if available, to provide health coverage for individuals enrolled in the Program who are also eligible for MHIP.

B. The Program may pay MHIP, if available, for health coverage for eligible patients, including:

(1)—(3) (text unchanged)

C. The Program may not pay any amount to MHIP, if available, for an eligible patient’s spouse, children, or other family members enrolled in MHIP.

D.—E. (text unchanged)

JOSHUA M. SHARFSTEIN, M.D.
Secretary of Health and Mental Hygiene

 

Subtitle 14 CANCER CONTROL

10.14.05 Maryland Cancer Fund

Authority: Health–General Article, §20–117, Annotated Code of Maryland

Notice of Proposed Action

[14-013-P]

     The Secretary of Health and Mental Hygiene proposes to amend Regulations .02, .08, .14, and .16 under COMAR 10.14.05 Maryland Cancer Fund.

Statement of Purpose

The purpose of this action is to revise and update the regulations to ensure that the Maryland Cancer Fund aligns with health reform changes, effective January 1, 2014. The proposed amendments will:

(1) Eliminate references to enrolling individuals in the Maryland Health Insurance Plan (MHIP);

(2) Amend references to reimbursing grantee MHIP costs; and

(3) Allow reimbursement to grantees for deductibles, co-pays, and co-insurance for individuals with any insurance.

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 Michele A. Phinney, Director, Office of Regulation and Policy Coordination, Department of Health and Mental Hygiene, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499; TTY:800-735-2258, or email to dhmh.reg@maryland.gov, or fax to 410-767-6483. Comments will be accepted through February 10, 2014. A public hearing has not been scheduled.

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(20) (text unchanged)

(21) “Federal poverty level” means [the amount of household income by family size that a family needs for basic necessities as determined by the federal] the poverty guidelines, as amended, which are updated [annually] periodically in the Federal Register by the U.S. Department of Health and Human Services and which are incorporated by reference by COMAR 10.11.03.01–1.

(22)—(33) (text unchanged)

(34) “Patient contribution amount” means the amount of money required by an individual’s health insurance policy to be paid by the individual for a given medical procedure or service received, excluding the deductible.

[(34)] (35)[(42)] (43) (text unchanged)

.08 Allowed Uses of the Funds.

A.—C. (text unchanged)

D. If a grantee is funded to conduct cancer secondary prevention or treatment, the grantee shall only provide clinical services to individuals who:

(1) Are Maryland residents; and

[(2) Are uninsured at the time of application for the grant and remain uninsured at the time of service delivery; and]

[(3)] (2) Have an annual family income that is not more than 250 percent of the federal poverty [level] guidelines.

E. If a grantee is funded to conduct cancer treatment, a grantee may use the grant funds [to either]:

(1) [Pay] For grants awarded before January 1, 2014 to provide MHIP reimbursement, to pay up to a maximum of $15,000 for direct costs per individual per year for the premium, deductible, coinsurance, and copay of the MHIP costs and for services not covered under MHIP [for individuals who;

(a) Meet the eligibility criteria in §D of this regulation; and

(b) Apply for and are accepted for MHIP coverage]; or

(2) To pay up to a specified amount, as determined by the Department, for direct costs per individual per year for the:

(a) Deductible and patient contribution amount for the reimbursed medical procedure or service for insured individuals; and

(b) Medical procedure or service not covered under their health insurance policy for individuals who meet the eligibility criteria of §D of this regulation; or

[(2)] (3) [Pay] To pay up to a maximum of $20,000 for direct costs per individual per year for the cancer treatment costs under the individual’s treatment plan:

(a)—(b) (text unchanged)

F. If a grantee is funded to pay for cancer treatment [under §E(1) of this regulation, the grantee]:

(1) [Shall] Under §E(1) of this regulation, the grantee shall only pay or direct the Department to pay MHIP the following for services directly related to the treatment of cancer for the individual diagnosed with cancer:

(a)—(c) (text unchanged)

(d) Copays; [and]

(2) Under §E(2) of this regulation, the grantee shall only pay or direct the Department to pay the deductible and patient contribution amount for the reimbursed medical procedure or service that the individual is required to pay for the services directly related to the diagnosis and treatment of cancer; and

[(2)] (3) May not pay any amount for the individual’s spouse, children, or other family members’ [enrolled in MHIP] health insurance costs.

G. For the purpose of §F(1) and (2) of this regulation, the Department shall pay the [MHIP fees] health insurance costs out of the funds that are set aside for the grantee.

H. (text unchanged)

.14 Application Process for Cancer Treatment Grants.

A.—C. (text unchanged)

D. An applicant seeking a cancer treatment grant to pay for [cancer treatment] deductibles and patient contribution costs through [the MHIP] their health insurance policy under Regulation [.08E(1)] .08E(2) of this chapter shall include in the Department’s application packet:

(1) [A copy of the completed MHIP enrollment application; and] A completed and signed Maryland Cancer Fund – Cancer Treatment Grant application that;

(a) Certifies that the applicant shall pay:

(i) The deductible and patient contribution amount; and

(ii) Costs for services not covered under the individual’s health insurance policy for a time period not to exceed 1 year; and

(b) Includes a treatment plan for a total request not to exceed a specified amount, as determined by the Department, per individual per year, including the:

(i) Deductible and patient contribution amount; and

(ii) Costs for services not covered under the individual’s health insurance policy.

(2) [A signed application that:

(a) Certifies that the applicant shall pay:

(i) The premium, deductible, coinsurance, and copay of the MHIP costs; and

(ii) For services not covered under MHIP for a time period not to exceed 1 year for the individual for whom the MHIP enrollment form is completed; and

(b) Includes a treatment plan for a total request not to exceed $15,000 per individual per year, including the:

(i) MHIP costs of the premium, deductible, coinsurance, and copay; and

(ii) Costs for services not covered under MHIP.] Documentation of the individual’s health insurance policy.

E. An applicant seeking a cancer treatment grant to pay directly for cancer treatment costs under Regulation [.08E(2)] .08E(3) of this chapter shall include in the Department’s application packet:

(1) A completed [non–MHIP] Maryland Cancer Fund – Cancer Treatment Grant application [form]; and

(2)—(3) (text unchanged)

.16 Payments, Terms, and Conditions of Grant Awards, and Terminations.

A.—B. (text unchanged)

C. Progress Reports.

(1)—(3) (text unchanged)

(4) A grantee receiving a cancer treatment grant shall include the following information in the comprehensive final report for each individual [for whom the grantee is paying MHIP premiums or for whom the grantee is] receiving funds for cancer treatment:

(a)—(g) (text unchanged)

(5) (text unchanged)

D.—I. (text unchanged)

JOSHUA M. SHARFSTEIN, M.D.
Secretary of Health and Mental Hygiene

 

Subtitle 27 BOARD OF NURSING

10.27.05 Practice of Nurse Midwifery

Authority: Health Occupations Article, §8-205 (a)(1), (2), and (4), Annotated Code of Maryland

Notice of Proposed Action

[14-015-P]

The Secretary of Health and Mental Hygiene proposes to amend Regulations .01 and .02, repeal existing Regulations .03 and .08, recodify existing Regulations .04, .06, and .12 to be Regulations .03, .05, and .10 respectively, and amend and recodify existing Regulations .05, .07, .09—.11, and .13 to be Regulations .04, .06, .07—.09, and .11 respectively under COMAR 10.27.05 Practice of Nurse Midwifery. This action was considered by the Maryland Board of Nursing at a public meeting held on August 20, 2013, notice of which was given by publication on the Board’s website under Board News on July 1 and August 1, 2013.

Statement of Purpose

The purpose of this action is to:

(1) Add definitions for advanced practice nursing and certification for advanced practice;

(2) Require a certified nurse midwife (CNM) to establish practice guidelines established by the American College of Nurse Midwives or any other certifying body recognized by the Board;

(3) Add current requirements for advanced practice education;

(4) Specify that a medical record is required for each client and that the medical record should accompany the client in case there is a transfer of care;

(5) Require a CNM to maintain a plan for emergency consultation, transfer of care, and, if required, an admission plan for the client or newborn;

(6) Authorize a CNM to consult or collaborate with a physician or other health care provider as needed;

(7) Repeal the requirement that CNM’s have a Board approved collaborative plan for each patient and as a condition of practice;

(8) Repeal the requirement for a Review Committee on Midwifery;

(9) Specify that a CNM cannot practice on an expired national certification; and

(10) Make clarifying, technical, and conforming changes to ensure consistency with terms in other chapters in this subtitle.

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 Michele A. Phinney, Director, Office of Regulation and Policy Coordination, Department of Health and Mental Hygiene, 201 W. Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499; TTY:800-735-2258, or email to dhmh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through February 10, 2014. A public hearing has not been scheduled.

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

[(1) “AMCB” means the American Midwifery Certification Board.

(2) “ACNM” means the American College of Nurse Midwives.]

(1) “ACNM” means the American College of Nurse Midwives.

(2) “Advanced practice registered nurse (APRN)” means a registered nurse who holds a current license as:

(a) A certified nurse midwife (CNM);

(b) A certified registered nurse anesthetist (CRNA);

(c) A certified nurse practitioner (CRNP);

(d) A clinical nurse specialist (CNS); or

(e) An advanced practice registered nurse/ psychiatric mental health (APRN/PMH).

(3) “AMCB” means the American Midwifery Certification Board.

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

(5)”Certification” means the status granted to a registered nurse who has:

(a) Met all the specified requirements of a national certifying body recognized by the Board: and

(b) Complied with the requirements of this chapter.

[(4)] (6) “Certified nurse midwife” means a registered nurse who [is:

(a) Certified by one of the following:

(i) By the AMCB; or]:

[(ii) By] (a) Is certified by the AMCB or any other certifying body [approved] recognized by the

Board; [and]

(b) Has received an advanced nursing education at a master’s degree level or higher after completing the basic registered nursing program;

(c) Has completed an advanced nursing education program with a specialization in midwifery that is accredited by:

(i) The National League for Nursing Accreditation Commission (NLNAC);

(ii) The Commission on Nursing Education (CCNE); or

(iii) Any other certifying body recognized by the Board; and

[(b) Certified] (d) Is certified by the Board.

[(5)] (7) “Clinical practice guidelines” means written standards using guidelines [such as those established ]:

(a) Established by the ACNM in Standards for the Practice of Midwifery, as amended or supplemented, and available from ACNM, 8403 Colesville Road, Suite 1550, Silver Spring, MD 20910; or [any]

(b) Any other certifying body [approved] recognized by the Board [or any other guidelines approved by the Board that the nurse midwife has adopted and follows in practicing as a midwife].

[(6) “Collaborative plan” means the development and implementation of a plan:

(a) For consultation and collaboration with and referral to a physician and other health care providers to address complications:

(i) During a pregnancy; and

(ii) Beyond the educational preparation and scope of practice of the certified nurse midwife that require the consultation or attendance of a physician or other health care provider; and

(b) That includes an assurance that a client can be transferred, whenever required, to the care of a physician with admitting privileges to a facility with an OB/GYN unit located in the client’s geographic area.]

[(7)] (8)[(13)] (14) (text unchanged)

[(14) “Review committee” means the Review Committee on Nurse Midwifery composed of an equal number of members appointed by the Board and the MBP.]

.02 Certification.

A. An applicant for certification as a nurse midwife shall hold a current:

[A. Hold a current license] (1) License to practice registered nursing in Maryland;

[B. Hold a current certification] (2) Certification as a nurse midwife from the AMCB or any other certifying body [approved] recognized by the Board;

[C.] (3) (text unchanged)

[D.] (4) Submit an affidavit that the applicant [is in compliance] agrees to comply at all times with the clinical practice guidelines [as defined] in accordance with Regulation .01B (7) of this chapter; and

[E.] (5) (text unchanged)

B. If the applicant’s nurse midwifery program was completed before July 1, 2014, and was not at a Master’s degree or higher level, but the applicant otherwise qualifies, the applicant for certification as a CNM shall provide the Board with:

(1) Verification of completion of a nurse midwifery program recognized by AMCB; and

(2) Current national certification by AMCB.

[.05] .04 Required Documentation.

A. A certified nurse midwife who provides home birth services and other services across the reproductive lifespan shall: [complete an individual care plan for each patient that includes plans for:

(1) Emergency consultation;

(2) Transfer of care; and

(3) When needed, admission to a hospital within the client’s geographic area]

(1) Maintain a medical record for each client; and

(2) In the case of a transfer of care to another provider or a facility, transfer the client’s medical records with the client.

B. A certified nurse midwife shall have available at all times for examination by the Board, written clinical practice guidelines that cover all aspects of care, practice, and quality assurance, including but not limited to:

(1) A plan for emergency consultation;

(2) A plan for transfer of care; and

(3) If needed, a plan for admission of the client or newborn to a hospital within the client’s geographic area.

[.07] .06 Scope of Practice.

A. A certified nurse midwife who meets the requirements of Regulation .02 of this chapter may perform the following functions:

(1) (text unchanged)

(2) [Management, in collaboration with a physician, of clients with medical complications] Consult or collaborate with a physician or other health care provider as needed; and

(3) Refer clients with complications beyond the scope of practice of the certified nurse midwife to a licensed physician [; and]

[(4) Consult with and refer to other health care professions in the delivery and evaluation of health care].

B. (text unchanged)

[C. A certified nurse midwife shall immediately advise the Board if the collaborative plan is ended by either party.]

[D.] C. A certified nurse midwife has the right and obligation to refuse to perform any delegated medical act, oral or written, if, in the certified nurse midwife’s judgment, it is unsafe or an invalidly prescribed medical act or beyond the competence of the certified nurse midwife, in which case the nurse midwife shall notify the delegating physician at once.

[.09] .07 Nurse Midwife Peer Review Advisory Committee.

The Board shall appoint at least four certified nurse midwives from names submitted for consideration to act as its Advisory Committee [, with such powers and duties as the Board may prescribe] in accordance with Health Occupations Article, §8-503, Annotated Code of Maryland.

[.10] .08 Renewal of Certification.

A. (text unchanged)

B. Before a nurse midwife’s certification expires, the midwife may renew [annually] biennially if the nurse midwife:

(1) Submits documentation of a current national certification in midwifery from a certifying body recognized by the Board;

[(1)] (2)[(3)] (4) (text unchanged)

[.11] .09 Compliance.

A. The certified nurse midwife shall develop and comply with clinical practice guidelines as defined in Regulation [.03B ] .01B of this chapter.

B. The certified nurse midwife shall ensure that the Board has a record of the renewed certification if the certification expires before the registered nurse license renewal date.

C. Certification shall be deemed to have lapsed if the Board does not have a record of a current active certification.

D. Practicing on an expired national certification is prohibited and subject to discipline under Health Occupations Article, §8-316(a), Annotated Code of Maryland.

 [.13] .11 Prescribing of Substances by a Certified Nurse Midwife.

A. Pursuant to Health Occupations Article, §8-601, Annotated Code of Maryland, a certified nurse midwife may:

(1)—(2) (text unchanged)

(3) Dispense substances prescribed in accordance with §A(1) and (2) of this regulation in the course of treating a [patient] client at a:

(a)—(e) (text unchanged)

B. The Board shall:

(1) Consult [annually] with the [MBP and the Pharmacy Board] Maryland Board of Pharmacy and Maryland Board of Physicians to review the formulary and make revisions as necessary; [and]

(2) Maintain a list of all certified nurse midwives who are authorized to prescribe[, and];

(3) Maintain a record of the approved formulary [which shall be made available to Maryland pharmacies through annual mailings and]; and

(4) Provide a copy of the approved formulary to Maryland pharmacies upon written request.

JOSHUA M. SHARFSTEIN, M.D.
Secretary of Health and Mental Hygiene

 

Subtitle 37 HEALTH SERVICES COST REVIEW COMMISSION

10.37.01 Uniform Accounting and Reporting System for Hospitals and Related Institutions

Authority: Health-General Article, §§19-207, 19-212, and 19-215, Annotate Code of Maryland

Notice of Proposed Action

[14-011-P-I]

The Health Services Cost Review Commission proposes to amend Regulation .02 under COMAR 10.37.01 Uniform Accounting and Reporting System for Hospitals and Related Institutions. This action was considered and approved for promulgation by the Commission at a previously announced open meeting held on November 6, 2013, notice of which was given pursuant to State Government Article, §10-506(c), Annotated Code of Maryland. If adopted the proposed amendments will become effective on or about March 3, 2014.

Statement of Purpose

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

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Diana Kemp, Regulations Coordinator, Health Services Cost Review Commission, 4160 Patterson Avenue, Baltimore, MD 21215, or call 410-764-2576, or email to diana.kemp@maryland.gov, or fax to 410-358-6217. Comments will be accepted through February 10, 2014. 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 Accounting and Budget Manual for Fiscal and Operating Management (August 1987), Supplement 22, 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 is published on page 9 of this issue, and is available online at www.dsd.state.md.us. The document may also be inspected at the office of the Division of State Documents, 16 Francis Street, Annapolis, Maryland 21401.

.02 Accounting System; Hospitals.

A. The Accounting System.

(1) (text unchanged)

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

(a)—(s) (text unchanged)

(t) Supplement 20 (May 16, 2011); [and]

(u) Supplement 21 (June 5, 2012); and

(v) Supplement 22 (March 3, 2014).

(3)—(5) (text unchanged)

B.—D. (text unchanged)

JOHN M. COLMERS
Chairman
Health Services Cost Review Commission

 

Subtitle 37 HEALTH SERVICES COST REVIEW COMMISSION

10.37.01 Uniform Accounting and Reporting System for Hospitals and Related Institutions

Authority: Health-General Article, §§19-207, 19-211, 19-212, 19-215 — 19-217, 19-218, 19-220, 19-224, and 19-303, Annotated Code of Maryland

Notice of Proposed Action

[14-010-P]

The Health Services Cost Review Commission proposes to amend Regulation .03 under COMAR 10.37.01 Uniform Accounting and Reporting System for Hospitals and Related Institutions. This action was considered and approved for promulgation by the Commission at a previously announced open meeting held on November 6, 2013, notice of which was given pursuant to State Government Article, §10-506(c), Annotated Code of Maryland. If adopted the proposed amendments will become effective on or about March 3, 2014.

Statement of Purpose

The purpose of this action is to require hospitals to include revenue and utilization breakouts for out-of-State and Medicare patients in the monthly reporting, effective January 1, 2014. The data shall be submitted in the manner and format prescribed by the Commission, and as described on the Commission’s website.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. The HSCRC is expanding its current data collection activity to include revenue4 and utilization breakouts for out-of-state and Medicare patients in monthly reporting. The HSCRC has procured technical and programming assistance for adding these web-based additional data collection components at a cost of $25,000

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency:

(E+)

$25,000

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(-)

Minimal

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

NONE

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

A. The HSCRC is expanding its current data collection activity to include revenue4 and utilization breakouts for out-of-State and Medicare patients in monthly reporting. The HSCRC has procured technical and programming assistance for adding these web-based additional data collection components at a cost of $25,000

D. The data already exist at hospitals. They have to be extracted in order to meet the reporting requirements. The HSCRC anticipates that the cost of Extraction will be minimal

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 Diana Kemp, Regulations Coordinator, Health Services Cost Review Commission, 4160 Patterson Avenue, Baltimore, MD 21215, or call 410-764-2576, or email to diana.kemp@maryland.gov, or fax to 410-358-6217. Comments will be accepted through February 10, 2014. A public hearing has not been scheduled.

.03 Reporting Requirements; Hospitals.

A.—C. (text unchanged)

D. Monthly Reports of Achieved Volumes and Revenues.

(1) The following monthly volume and revenue reports are required to be submitted by each [Section 556] hospital under the jurisdiction of the Commission, with the exception of those hospitals that are a part of the Department of Health and Mental Hygiene:

(a) Statistical Data and Revenue Summary – Daily Hospital Services [(MS)];

(b) Statistical Data and Revenue Summary—Ambulatory Services and Admissions Services [(NS)];

(c) Statistical Data and Revenue Summary – Ancillary Services [(PSA, SB);].

[(d) Gross Patient Revenues – (RSA, RSB, RSC).]

(2) [Schedules MS, NS, PSA, PSB and RSA, RSB, and RSC] The Monthly Reports of Achieved Volumes and Revenues shall be completed on the basis of actual data in the [form] format prescribed by the Commission [contained in the “Accounting and Reporting System for Hospitals”].

(3) [Schedules MS, NS, PSA, PSB and RSA, RSB, and RSC] The Monthly Reports of Achieved Volumes and Revenues shall be submitted within 30 days after the end of each month of the calendar year in the format prescribed by the Commission.

(4) The Monthly Reports of Achieved Volumes and Revenues submitted under this section shall be made in the format as published in the Maryland Register and on the Commission’s website (http://www.hscrc.maryland.gov).

[E. Monthly Report of Rate Compliance.

(1) The following monthly report of rate compliance is required to be submitted by each Section 556 hospital, with the exception of those hospitals that are a part of the Department of Health and Mental Hygiene: Statistical Data Summary – Rate Compliance (CSA, CSB).

(2) Schedules CSA, CSB shall be completed on the basis of actual data in the form prescribed by the Commission contained in the “Accounting and Reporting System for Hospitals”.

(3) Schedules CSA, CSB shall be submitted within 30 days after the end of each month of the calendar year in the format prescribed by the Commission.]

[F. Repealed.]

[G.] E.[Q.] T. (text unchanged)

JOHN M. COLMERS
Chairman
Health Services Cost Review Commission

 

Title 11
DEPARTMENT OF TRANSPORTATION

Subtitle 05 MARYLAND PORT ADMINISTRATION

11.05.05 The World Trade Center Baltimore Building and Grounds

Authority: Transportation Article, §§6-101, 6-201.2(b)(2), and
6-204(c)(i)(j),(l), Annotated Code of Maryland;
Executive Order 01.01.1992.20

Notice of Proposed Action

[14-009-P]

The Maryland Port Administration proposes to amend Regulations .02, .03, and .06 and adopt new Regulations .09 and .10 under COMAR 11.05.05 The World Trade Center Baltimore Building and Grounds. This action was considered at an open meeting on October 1, 2013.

Statement of Purpose

The purpose of this action is to set forth reasonable time, place, and manner restrictions on those individuals, groups of persons, or organizations that desire to engage in activities implicating the First Amendment, such as distribution of literature, charitable solicitation and expressions of opinions and ideas in various forms at the World Trade Center - Baltimore.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. Anticipated additional revenue is based on the actual collection of the application fee.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure (E+/E-)

Magnitude

 


A. On issuing agency:

(R+)

Minimal

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

NONE

Indeterminable

E. On other industries or trade groups:

NONE

Indeterminable

F. Direct and indirect effects on public:

NONE

Indeterminable

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

A. The intent of this fee is to help cover administrative costs by the Maryland Port Administration. It is difficult to estimate the potential revenue to the Administration as it has not been set and the applicant can ask for the fee to be waived.

D. The intent of this fee is to help cover administrative costs by the Maryland Port Administration. It is difficult to estimate the potential revenue to the Administration as it has not been set and the applicant can ask for the fee to be waived.

E. The intent of this fee is to help cover administrative costs by the Maryland Port Administration. It is difficult to estimate the potential revenue to the Administration as it has not been set and the applicant can ask for the fee to be waived.

F. The intent of this fee is to help cover administrative costs by the Maryland Port Administration. It is difficult to estimate the potential revenue to the Administration as it has not been set and the applicant can ask for the fee to be waived.

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 Michele Hardwick, Coordinator, MPA, 401 E Pratt St., 20th Floor, Baltimore, MD 21202, or call 410-385-4791, or email to mhardwick@marylandports.com, or fax to 410-333-4225. Comments will be accepted through February 10, 2014. A public hearing has not been scheduled.

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) “9/11 Memorial” means the marble plinth and the steel artifact from the World Trade Center New York mounted upon it located near the center of the WTC Plaza, the three limestone blocks from the Pentagon located at the east side of the WTC Plaza, the three black monoliths representing the crash of United Airlines Flight 93 at Shanksville, PA, also located at the east side of the WTC Plaza, and a stone marker on the east side of the WTC Plaza explaining the 9/11 Memorial. The term WTC Property includes the 9/11 Memorial.

[(1)] (2) [(13)] (14) (text unchanged)

[(14)] (15) “WTC Plaza” means [the brick plaza located] area between the north side of the building and the access driveway on Pratt Street and bound on the east and west sides of the WTC property by the concrete plank drainage system (drain tile).

[(15)] (16) “WTC Property” means the WTC building, the WTC Plaza, and all structures, and improvements to said property, [and grounds adjacent to it,] and all WTC parking areas, which are owned, leased, operated by, or under the control of the MPA.

[(16)] (17) (text unchanged)

.03 Use of WTC Property.

A. — E. (text unchanged)

[F. No portion of the WTC, including the WTC building, plaza, and property, is a public forum.]

.06 Preservation of Property.

A. (text unchanged)

B. A person who violates this regulation, in addition to any other penalties prescribed in this chapter, shall be liable for any loss or [or] damages to real or personal property caused by the violation.

.09 First Amendment Activities.

A. First Amendment Activities Covered by these Regulations.

(1) “Demonstration” means a gathering of persons for the purpose of expressing a group opinion to observers through use of their speech, signs, and/or expressive conduct, excluding expression of a message for commercial purposes.

(2) “Distribution” means the distribution of literature and materials for the exposition of ideas and opinions in the exercise of freedom of speech, association, assembly, and religion, but excluding purely commercial materials.

(3) “Solicitation” means the solicitation of funds on behalf of not-for-profit organizations for charitable, philanthropic, patriotic, political, or religious purposes, or the collection of petition signatures.

B. Demonstration, distribution, or solicitation shall be permitted on WTC Property only when authorized by the Administration and conducted in accordance with these regulations.

C. Permits and Restrictions.

(1) A group of 15 or more persons desiring to engage in demonstration, distribution, or solicitation on WTC Property, must first obtain a written permit from the Administration for the proposed activity and, having obtained a permit, is sometimes referred to herein as a “Permittee.”

(2) Permits shall be issued on a first-come, first-served basis.

(3) The MPA may charge a uniform fee for reviewing a permit application and granting a permit under this section. Upon request by the applicant, MPA may waive the fee based upon the ability of the applicant to pay the fee.

(4) These activities shall be confined to the WTC Plaza within areas designated by the Administration.

(5) These activities may not obstruct, delay, interfere with the free movement of, or impede any person, including, but not limited to pedestrians transiting the WTC Property, Tenants entering and exiting the WTC Building, or persons viewing or visiting the 9/11 Memorial. The Administration may designate and rope off reasonable ingress, egress, and public pedestrian routes.

(6) These activities shall be permitted only between 8 a.m. and 8 p.m., except that leafleting shall be permitted during large public events occurring in the Inner Harbor Park of Baltimore after 8 p.m.

(7) The number of participants in any permitted activity may be limited to a number reasonable under the circumstances, as determined by the Administration and the MDTA Police, to preserve safety, order, and ingress, egress, and public pedestrian routes.

(8) A person engaged in disorderly drinking as defined by the Baltimore City Police Ordinances or publically intoxicated as defined under Maryland law will not be permitted to participate in these activities.

(9) These activities shall be conducted in a peaceful and orderly manner. A person, group of persons, or organization participating in an activity may not:

(a) Impede, physically grasp at or touch Tenants, the public, or pedestrians using or transiting the WTC Property or viewing the 9/11 Memorial, or attach objects to their clothing without their consent;

(b) Engage in Aggressive Solicitation as defined by the Baltimore City Code or unlawful harassment;

(c) Engage in disorderly conduct;

(d) State or represent that he, she, or the organization is a representative of, or is otherwise affiliated with the Maryland Port Administration, the Maryland Department of Transportation, or the State of Maryland; or

(e) Unreasonably disturb WTC tenants or the public in the course of normal business activity or viewing of the 9/11 Memorial on WTC Property.

(10) A person, group of persons, or organization conducting an activity shall be responsible for maintaining the cleanliness of the WTC Property and for removing all litter attributable to their activities from the WTC Property before departure.

(11) Any person, organization, or other legal entity conducting an activity shall be responsible for any damages to any WTC Property, or to any other real or personal property, caused by that person’s, organization’s, or other legal entity’s actions, including, but not limited to any cleaning or repair costs incurred by MPA.

(12) Pamphlets, handbills, leaflets, signs, placards, posters, collection boxes or containers, and similar materials may not be left unattended on WTC Property.

(13) Electronic sound-amplifying equipment other than a battery operated handheld megaphone being used facing away from the plinth of the 9/11 Memorial may not be used in conducting these activities on WTC Property unless expressly authorized by MPA.

(14) A person, group of persons, or organization engaging in demonstration, distribution, or solicitation on WTC Property shall abide by the terms of the permit, this chapter, and local, State, and federal law.

.10 Permits.

A. The procedures in §C of this regulation shall be followed in applying for a permit to engage in demonstration, distribution, or solicitation on WTC Property.

B. In granting a permit, the WTC Manager shall exercise no discretion except as provided in these regulations.

C. Procedures.

(1) Any group or organization of 15 or more persons seeking to engage in demonstration, distribution, or solicitation on WTC Property must first obtain a written permit from the Administration.

(a) To obtain a permit, the applicant shall submit to the Administration during normal business hours a written permit application no later than 2 working days before the date requested for the activity. MPA will waive or lessen this 2-day requirement in order to permit first amendment activities that arise in response to imminent events.

(b) The application shall be on a form provided by the Administration that shall set forth the location where such permit application shall be filed.

 (2) The application for the permit shall include:

(a) The full name, mailing address, telephone number, and email address of the person or organization applying for the permit, and, if a group or organization, the name, address, and telephone number of a designated representative;

(b) The full name, mailing address, telephone number, and email address of the person who will supervise and be responsible for the conduct of the proposed activities;

(c) The date and times of the proposed activity, provided that a permit will not be issued for any time between the hours of 8 p.m. and 8 a.m.;

(d) A brief description of the proposed activity, including the method of communication and which type of permit is requested, for example, whether for demonstration, distribution, or solicitation;

 (e) The number of persons expected to participate; and

(f) The signature of the applicant.

(3) Application Review.

(a) The WTC Manager shall review each application promptly.

(b) If the application is incomplete, the WTC Manager shall make reasonable efforts to inform the applicant.

(c) If the application is complete, the WTC Manger shall forward the application to the MDTA Police, and the Administration Security Department for review, comment, and signature.

(4) A permit shall be issued unless the WTC Manager, the Administration, or the MDTA Police specifically finds:

(a) The information contained in the permit application is incomplete or contains material misrepresentations;

(b) The applicant refuses to sign the permit;

(c) The proposed activity interferes with a previously issued permit or scheduled event;

(d) An emergency situation exists;

(e) The proposed activity interferes materially with vehicular or pedestrian traffic, including viewing of the 9/11 Memorial;

(f) The proposed activity interferes materially with the normal business activities of WTC tenants;

(g) The proposed activity, on its face, violates any law, ordinance, or regulation of the federal, State, or Baltimore City governments; or

(h) The proposed activity reasonably appears to present a clear and present danger to the public safety, health welfare, or good order.

(5) The applicant shall sign the permit and return it to the offices of the WTC Manager at least 12 hours before the proposed activity. MPA will waive or lessen this twelve-hour requirement in order to permit first amendment activities that arise in response to imminent events.

D. A permit may be revoked at any time if the:

(1) Terms or conditions of the permit are violated;

(2) Activities or conduct of the Permittee present a clear and present danger to the public health, welfare, or safety; or

(3) Activities of the Permittee constitute a violation of any applicable law or regulation.

E. Appeal of Permit Decisions.

(1) Any person whose permit request is denied in full or in part, or revoked, may appeal the decision to the MPA Director of Commercial Management, by means of a letter stating the grounds therefore, within 5 working days of receiving a response from the WTC Manager.

(2) The MPA Director of Commercial Management shall review the initial permit decision and the appeal, and shall issue a written decision affirming the denial or challenged limitation, or granting or modifying the permit as requested, within 7 working days of receipt of such appeal.

(3) The MPA Director of Commercial Management’s decision shall be sent certified mail to the responsible person at the address provided, with a copy by email or fax, or both, when provided, and shall be effective upon such service.

(4) The MPA Director of Commercial Management’s decision shall constitute a final decision of the Administration, and may be appealed to an appropriate court as provided by law.

M. KATHLEEN BROADWATER
Deputy Executive Director
Maryland Port Administration

 

Subtitle 07 MARYLAND TRANSPORTATION AUTHORITY

11.07.01 Transportation of Hazardous Materials

Authority: Transportation Article, §§4-205, 21-1403, and 21-1411, Annotated Code of Maryland

Notice of Proposed Action

[14-002-P]

The Maryland Transportation Authority proposes to amend Regulations .01, .02, .05, and .06 under COMAR 11.07.01 Transportation of Hazardous Materials. This action was considered by the Chairman and members of the Maryland Transportation Authority at an open meeting held on October 24, 2013, notice of which was given through placement on the MDTA website (www.mdta.maryland.gov).

Statement of Purpose

The purpose of this action is to amend existing regulations to clarify the process of transporting hazardous materials.

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 Patrick A. Fleming, Manager of Government Relations, Maryland Transportation Authority, 2310 Broening Hwy, Baltimore, MD 21224, or call 410-537-1089, or email to pfleming2@mdta.maryland.gov, or fax to 410-537-5653. Comments will be accepted through February 10, 2014. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the Maryland Transportation Authority during a public meeting to be held on February 27, 2014 at 9 a.m., at 2310 Broening Highway, Baltimore, MD 21224.

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) “Authority property” means the following facilities and their approaches:

(a) Baltimore Harbor Tunnel (I-895);

(b) William Preston Lane, Jr. Memorial Bridge (U.S. 50/301);

(c) Harry W. Nice Memorial Bridge (U.S. Route 301);

(d) Thomas J. Hatem Memorial Bridge (U.S. Route 40);

(e) Francis Scott Key Bridge (MD 695);

(f) John F. Kennedy Memorial Highway (I-95);

(g) The I-95 Fort McHenry Tunnel (I-95); and

(h) The InterCounty Connector (MD 200).

[(1)](2)[(9)](10) (text unchanged)

[(10) “Transportation Facilities Projects” means the following facilities and their approaches:

(a) Baltimore Harbor Tunnel (I-895);

(b) William Preston Lane, Jr. Memorial Bridge (U.S. 50/301);

(c) Harry W. Nice Memorial Bridge (U.S. Route 301);

(d) Thomas J. Hatem Memorial Bridge (U.S. Route 40);

(e) Francis Scott Key Bridge (MD 695);

(f) John F. Kennedy Memorial Highway (I-95); and

(g) The I-95 Fort McHenry Tunnel (I-95).]

.02 General.

A. (text unchanged)

B. A vehicle loaded with any hazardous material or a tank vehicle which last contained a hazardous material may not be allowed on or in any [Transportation Facilities Projects] Authority property unless it conforms to these regulations and other regulations regarding the use of [Transportation Facilities Projects] Authority property.

C. Maryland Transportation Authority employees shall have the right to inspect the cargo or shipping papers of any vehicle to ascertain if it complies with all State and federal regulations relating to the transportation of hazardous materials. [The inspection may take place at any point where or after the vehicle enters on any Transportation Facilities Project or its approaches. If hazardous materials cannot be identified by class, or if listed only as N.O.S., or if shipping papers are not available to determine the type of cargo, the vehicle may be prohibited from entering or may be diverted off any Transportation Facilities Project.]

(1) The inspection may take place at any point where or after the vehicle enters on Authority property or its approaches.

(2) If hazardous materials cannot be identified by class, or if listed only as N.O.S., or if shipping papers are not available to determine the type of cargo, the vehicle may be prohibited from entering or may be diverted off any Authority property.

D.—E. (text unchanged)

.05 Bridge and Highway Restrictions.

A. (text unchanged)

B. A vehicle may not enter upon any [Transportation Facilities Project bridge or] Authority property if its load includes any Class 1 explosives or any radioactive materials except under the following conditions:

(1) Prior permission shall be granted by the [Superintendent] Administrator of the facility or the [Superintendent’s] Administrator’s authorized representative at least 1 hour before intended travel over the facility;

(2) Operators of the transporting vehicles shall comply with all lawful orders, instructions, and directions of authorized Maryland Transportation Authority [or Toll Facilities] police personnel;

(3)—(4) (text unchanged)

.06 Exemptions.

A. A person who desires to transport through [a Transportation Facilities Project tunnel] an Authority property tunnel a material prohibited by these regulations may apply for an exemption permit. Permits may be granted in the discretion of the Maryland Transportation Authority subject to the following conditions:

(1) The entity requesting the exemption permit submits written evidence that the proposed cargo poses a minimal risk to the travelling public, Maryland Transportation Authority employees, and the [Transportation Facilities Project] Authority property;

(2) (text unchanged)

(3) The permit is revocable whenever the Maryland Transportation Authority believes it is necessary to safeguard its employees, the travelling public, or the [Transportation facilities project] Authority property; and

(4) (text unchanged)

B. (text unchanged)

BRUCE GARTNER
Acting Executive Secretary
Maryland Transportation Authority

 

Subtitle 07 MARYLAND TRANSPORTATION AUTHORITY

11.07.03 Permits for Towing, Road Service, and Storage of Vehicles

Authority: Transportation Article, §§4-204, 4-205, 4-208, 4-208.1, 21-1403, 21-1407, and 26-301 et seq., Annotated Code of Maryland

Notice of Proposed Action

[14-003-P]

The Maryland Transportation Authority proposes to amend Regulations .01 and .03 under COMAR 11.07.03 Permits for Towing, Road Service, and Storage of Vehicles. This action was considered by the Chairman and members of the Maryland Transportation Authority at an open meeting held on October 24, 2013, notice of which was given through placement on the MDTA website (www.mdta.maryland.gov).

Statement of Purpose

The purpose of this action is to amend existing regulations and adopt new regulations to clarify the process of permitting of towers accessing MDTA property.

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 Patrick A. Fleming, Manager of Government Relations, Maryland Transportation Authority, 2310 Broening Hwy, or call 410-537-1089, or email to pfleming2@mdta.maryland.gov, or fax to 410-537-5653. Comments will be accepted through February 10, 2014. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the Maryland Transportation Authority during a public meeting to be held on February 27, 2014 at 9 a.m., at 2310 Broening Highway, Baltimore, MD 21224.

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) — (2) (text unchanged)

(3) Authority Property.

(a) (text unchanged)

(b) Authority property includes a:

(i) (text unchanged)

(ii) [Vehicular crossing] Authority highway as defined in Transportation Article, §21-1401, Annotated Code of Maryland.

(4) — (20) (text unchanged)

.03 Application for Permit and Renewal.

A. – C. (text unchanged)

D. Applications shall be made on a form provided by the Authority, and shall include:

(1) — (5) (text unchanged)

(6) A certification the towing service company:

(a) — (d) (text unchanged)

(e) Has filed all required returns and reports with the Comptroller of the Treasury, the State Department of Assessments and Taxation, and the State Department of Labor, Licensing, and Regulations, as applicable; [and]

(f) Has paid all withholding taxes due to the State; and

(g) Has paid all tolls and civil penalties assessed from citations that are due to the Authority, except those which have been validly contested.

(7)— (8) (text unchanged)

E. — F. (text unchanged)

BRUCE GARTNER
Acting Executive Secretary
Maryland Transportation Authority

 

Subtitle 07 MARYLAND TRANSPORTATION AUTHORITY

11.07.08 Towing of Vehicles on Maryland Transportation Authority Property

Authority: Transportation Article, §§4-204, 4-205, 4-208, 4-208.1, 21-1403, 21-1407, and 26-301 et seq., Annotated Code of Maryland

Notice of Proposed Action

[14-004-P]

The Maryland Transportation Authority proposes to amend Regulation .01 under COMAR 11.07.08 Towing of Vehicles on Maryland Transportation Authority Property. This action was considered by the Chairman and members of the Maryland Transportation Authority at an open meeting held on October 24, 2013, notice of which was given through placement on the MDTA website (www.mdta.maryland.gov). The MDTA Board will consider and approve final regulations at the conclusion of the Maryland Register public comment period. The MDTA Board meeting will be open to the public. Notice of the meeting will be placed on the MDTA website (www.mdta.maryland.gov).

Statement of Purpose

The purpose of this action is to amend existing regulations to clarify the process of towing vehicles on MDTA property.

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 Patrick A. Fleming, Manager of Government Relations, Maryland Transportation Authority, 2310 Broening Highway, or call 410-537-1089, or email to pfleming2@mdta.maryland.gov, or fax to 410-537-5653. Comments will be accepted through February 10, 2014. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by Maryland Transportation Authority during a public meeting to be held on February 27, 2014 at 9 am, at 2310 Broening Highway, Baltimore, MD 21224.

.01 Definitions.

A.(text unchanged)

B. Terms Defined.

(1)—(2) (text unchanged)

(3) Authority Property.

(a) (text unchanged)

(b) “Authority property” includes a:

(i) (text unchanged)

(ii) [Vehicular crossing] Authority highway as defined in Transportation Article, §21-1401, Annotated Code of Maryland.

(4)—(13) (text unchanged)

BRUCE GARTNER
Acting Executive Secretary
Maryland Transportation Authority

 

Title 21
STATE PROCUREMENT REGULATIONS

Notice of Proposed Action

[14-005-P]

The Board of Public Works proposes to:

(1) Amend Regulation .01 under COMAR 21.01.02 Terminology;

(2) Amend Regulation .01-1 under COMAR 21.01.03 Applicability;

(3) Amend existing Regulation .04 under COMAR 21.02.01 Board of Public Works;

(4) Amend Regulations .02 and .03 under COMAR 21.03.01 General Regulations;

(5) Amend Regulation .06 under COMAR 21.05.07 Small Procurement Regulations ($25,000 or less);

(6) Amend Regulation .01 under COMAR 21.06.07 Bid and Contract Security/Bonds;

(7) Amend Regulation .17 under COMAR 21.11.03 Minority Business Enterprise Policies;

(8) Amend Regulations .01, .04, and .07 under COMAR 21.11.05 Procurement from Maryland Correctional Enterprises, Blind Industries and Services of Maryland, and Community Service Providers;

(9) Amend Regulations .01 and .13, repeal existing Regulation .12, and adopt new Regulation .14 under COMAR 21.11.07 Miscellaneous Purchasing Preferences;

(10) Adopt new Regulations .01—.04 under a new chapter, COMAR 21.11.14 Socioeconomic Policies; and

(11) Amend Regulation .10 and adopt new Regulation .16 under COMAR 21.13.01 Reporting Requirements.

This action was considered at an open meeting of the Board of Public Works on October 2, 2013.

Statement of Purpose

The purpose of this action is to implement recent legislation that sets preferences for American-manufactured goods and services; establishes environmental standards for State purchases of electronic products; restricts certain bonding requirements for subcontractors; and changes the definition of architectural services and engineering services. The proposal also imposes agency reporting requirements for contracts with Maryland Correctional Enterprises, Blind Industries and Services of Maryland, community service providers, and individual-with-disability owned businesses. Additionally, the proposal clarifies Board of Public Works’ procurement delegations and eMaryland Marketplace notice requirements for certain small procurements.

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 MaryJo Childs, Procurement
Advisor, Board of Public Works, 80 Calvert Street, Room 117, Annapolis, MD 21401, or call 410-260-7335, or email to maryjo.childs@maryland.gov, or fax to 410-974-5240. Comments will be accepted through February 10, 2014. A public hearing has not been scheduled.

 

Subtitle 01 GENERAL PROVISIONS

21.01.02 Terminology

Authority: State Finance and Procurement Article, §§11-101 and 12-101, Annotated Code of Maryland

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(5) (text unchanged)

(6) Architectural Services.

(a)—(b) (text unchanged)

(c) “Architectural services” does not include construction inspection services or services provided in connection with an energy performance contract for structural, mechanical, plumbing, or electrical engineering.

(7)—(36-1) (text unchanged)

(37) Engineering Services.

(a) “Engineering services” means professional or creative work that:

(i) [is] Is performed in connection with utilities, structures, buildings, machines, equipment, and processes, including structural, mechanical, plumbing, electrical, geotechnical, and environmental engineering; and

(ii) [that requires] Requires engineering education, training, and experience in the application of special knowledge of the mathematical, physical, and engineering sciences.

(b)—(c) (text unchanged)

(38)—(78) (text unchanged)

(79) Services.

(a) “Services” means the rendering of time, effort, or work, rather than the furnishing of a specific physical product other than reports incidental to the required performance. It includes, but is not limited to, the professional, personal, and/or contractual services provided by [architects, engineers,] attorneys, accountants, physicians, consultants,[appraisers, land surveyors, and where the service is associated with the provision of expertise or labor, or both] and other professionals who are independent contractors.

(b) “Services” does not include [services included within the definitions of] maintenance, construction-related services, architectural services, engineering services, or energy performance contract services.

(80)—(98) (text unchanged)

 

21.01.03 Applicability

Authority: State Finance and Procurement Article, §§11-201—11-203, 12-101, and 12-104; Natural Resources Article, §3-103; Annotated Code of Maryland; Ch. 198, Acts of 2009; Chs. 428, 495, and 713, Acts of 2010

.01-1 Public Universities and Colleges.

A. (text unchanged)

B. Applicable Provisions of State Finance and Procurement Article, Annotated Code of Maryland.

(1) The following provisions of State Finance and Procurement Article, Annotated Code of Maryland, apply to the University System of Maryland, Morgan State University, and St. Mary’s College of Maryland:

(a)—(f) (text unchanged)

(g) Title 15, Subtitle 1 (Procurement Contract Administration); [and]

(h) Title 16 (Suspension and Debarment of Contractors)[.]; and

(i) §14-110(b) and (c) (Preferred Provider Reporting).

(2)—(3) (text unchanged)

C.—E (text unchanged)

 

Subtitle 02 STATE PROCUREMENT ORGANIZATION

21.02.01 Board of Public Works

Authority: State Finance and Procurement Article, §§12-101, 12-107, 12-202, 12-203, 12-204, and 13-108; Education Article, §§14-204, 14-205, and 14-405; Article 41, §§4-104.1 and 4-104.2; Annotated Code of Maryland; Chapter 471, 1991 Laws of Maryland; Chapter 608, Acts of 1999

.04 Delegation of Procurement and Contracting Authority.

A.—G. (text unchanged)

H. Department of Public Safety and Correctional Services. The Board delegates authority to the Secretary of Public Safety and Correctional Services for the approval and award of the following procurement contracts for State correctional facilities within the Department’s jurisdiction:

(1)—(3) (text unchanged)

(4) For any single item of equipment or single equipment lease within the procurement authority of the Secretary of Public Safety and Correctional Services, equipment contracts and leases of equipment in support of construction and construction-related services in the amount of [$50,000] $200,000 or less, or unless funded with general obligation bond proceeds, which must be approved by the Board regardless of amount;

(5)—(9) (text unchanged)

I.—J. (text unchanged)

 

Subtitle 03 STATE PROCUREMENT REGULATIONS AND CONTRACTS

21.03.01 General Regulations

Authority: State Finance and Procurement Article, §§12-101, 11-204, 11-206, Annotated Code of Maryland

.02 Contracts Void for Noncompliance.

A. Except as provided in Regulation .03 or elsewhere in this title, if [the Board determines that] a procurement violates this title, the procurement contract is void.

B. (text unchanged)

.03 Contracts Voidable for Noncompliance.

A. [If the Board determines that a procurement violates this title, the] The Board may determine that [the] a void procurement contract is voidable [rather than void] if the Board [finds] determines that:

(1)—(3) (text unchanged)

B.—C. (text unchanged)

 

Subtitle 05 PROCUREMENT METHODS AND PROJECT DELIVERY METHODS

21.05.07 Small Procurement Regulations ($25,000 or Less)

Authority: State Finance and Procurement Article, §§12-101, 13-109, 14-301—14-308, and 14-406, Annotated Code of Maryland

.06 Standards.

A. (text unchanged)

B. Solicitation Methods and Use.

(1)—(3) (text unchanged)

(4) All Category III solicitations shall be posted on eMaryland Marketplace at least 3 days before bids or offers are due. [A copy of each Category III solicitation shall be sent in electronic format to the Governor’s Office of Minority Affairs concurrently with posting on eMaryland Marketplace]. Procurement agencies are not required to post solicitations for Categories I and II small procurements on eMaryland Marketplace.

(5) (text unchanged)

C.—J. (text unchanged)

 

Subtitle 06 CONTRACT FORMATION AND AWARD

21.06.07 Bid and Contract Security/Bonds

Authority: State Finance and Procurement Article, §§12-101, 13-207—13-209, 13-216, and 17-102—17-109, Annotated Code of Maryland

.01 General.

A.—E. (text unchanged)

F. Any of the forms of security listed in §B of this regulation are permitted unless otherwise stated in the solicitation. Solicitations that require bid security shall include notice to all bidders that bid security shall be in a form of security authorized by this chapter.

G. (text unchanged)

H. If a prime contractor on a State contract requires a subcontractor to provide a bid, performance, or payment bond on a procurement contract for services, supplies, or construction-related services, the prime contractor may not require bid, performance, or payment bonding from the subcontractor that is more stringent than the bonding requirements of this chapter.

I. A bid, performance, or payment bond that is provided by a subcontractor shall be accepted by the prime contractor on a State contract if the bond would be acceptable to the State and provided by:

(1) A surety company authorized to do business in the State; or

(2) The Maryland Small Business Development Financing Authority.

 

Subtitle 11 SOCIOECONOMIC POLICIES

21.11.03 Minority Business Enterprise Policies

Authority: State Finance and Procurement Article, §§12-101 and 14-301—14-308, Annotated Code of Maryland; Ch. 268, 283, 293, 328, and 715, Acts of 2009; Ch. 619, Acts of 2010; Chs. 252, 253, and 254, Acts of 2011; Ch. 154, Acts of 2012

.17 Reporting.

A. Each procurement agency shall make a report annually within 90 days following the close of the fiscal year to the Office of Minority Affairs, the Department of Transportation, and, subject to State Government Article, §2-1246, Annotated Code of Maryland, to the Joint Committee on Fair Practices and State Personnel Oversight that includes:

(1) The total number, value, and [description] procurement category of its procurements from State-certified MBEs as prime contractors, and separately as subcontractors, by business name and specific MBE classification;

(2)—(4) (text unchanged)

B.—D. (text unchanged )

 

21.11.05 Procurement from Maryland Correctional Enterprises, Blind Industries and Services of Maryland, and [Certified Sheltered Workshops] Community Service Providers

Authority: State Finance and Procurement Article, §§12-101 and 14-101—14-108; Correctional Services Article, §3-515; Annotated Code of Maryland

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(6) (text unchanged)

(6-1) “Preferred Provider” means a provider of supplies or services given preference under this chapter.

(7)—(9) (text unchanged)

(10) “State aided or controlled entity” means any public or quasi-public institution that receives aid from the State or that is owned, controlled, or managed by the State.

.04 Duties of Pricing Authorities.

A.—B. (text unchanged)

C. The State Pricing and Selection Committee for the Employment Works Program shall:

(1)—(2) (text unchanged)

(3) Transmit periodically to the Secretary of General Services for inclusion in the master list:

(a)—(c) (text unchanged)

(d) A list of [sheltered workshops] community service providers and individual-with-disability-owned businesses;

(4)—(5) (text unchanged)

(6) Maintain a current list of [sheltered workshops] community service providers and individual-with-disability-owned businesses; and

(7) (text unchanged)

.07 Responsibilities of Procurement Agencies.

A. General Purchasing Requirements.

(1)—(2) (text unchanged)

(3) To the extent practicable, a State unit or State aided or controlled entity shall include in a maintenance contract that has a component for housekeeping or janitorial services, a requirement that a prime contractor procure janitorial products from Blind Industries and Services of Maryland when the specified products are available.

B.—F. (text unchanged)

 

21.11.07 Miscellaneous Purchasing Preferences

Authority: State Finance and Procurement Article, §§12-101, 14-401—14-403, 14-405, and 14-407, Annotated Code of Maryland; Ch. 593, Acts of 2010; Ch. 314, Acts of 2011

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) (text unchanged)

(1-1) [“Electronic Product” means a product covered by EPEAT or another comprehensive environmental rating system approved by the Department of Information Technology.

(1-2)] “Environmentally preferable purchasing” means the procurement or acquisition of goods and services that have a lesser or reduced effect on human health and the environment when compared with competing goods or services that serve the same purpose, based on the raw materials, manufacturing, packaging, distribution, use, reuse, operation, maintenance, and disposal of the goods or services.

[(1-3)] (1-2)—[(1-4)] (1-3) (text unchanged)

(2)—(7) (text unchanged)

[(7-1) “Public employer” means:

(a) A unit;

(b) A county;

(c) A municipality in the State;

(d) A school district in the State; or

(e) Any special district in the State.

(7-2) “Reasonably available quantities” means at least 90 percent of the items procured by the public employer are available within the employer’s delivery schedule.]

(8)—(10) (text unchanged)

[(11) “Substantially less quality” means not in compliance with applicable safety and durability standards.

(12) “Unreasonable amount” means more than 5 percent over the lowest bid offering items manufactured outside the United States.]

.12 [Employee Uniforms and Equipment — Country of Manufacture.

A. A public employer may not knowingly buy, furnish, or require an employee to buy or acquire for use while on duty the following items if those items are manufactured outside of the United States:

(1) A uniform or any other item of apparel, the selection of which is not within the employee’s discretion except for the proper size of the item; or

(2) Safety equipment and protective accessories.

B. A public employer may buy, furnish, or require an employee to buy or acquire for use while on duty the items listed in §A of this regulation that are manufactured outside of the United States if:

(1) The items or similar items are not manufactured or available for purchase in the United States;

(2) The items or similar items are not manufactured or available for purchase in the United States in reasonably available quantities;

(3) The price of the items or similar items manufactured in the United States exceeds the price of similar, available items that are not manufactured in the United States by an unreasonable amount; or

(4) The quality of the items or similar items manufactured in the United States is substantially less than the quality of comparably priced, similar and available items not manufactured in the United States.

C. In each bid or proposal subject to the requirements of this regulation, a bidder or offeror shall certify whether the offered items are manufactured in the United States. If a bid or proposal offers items that are manufactured in the United States and outside the United States, the bid or proposal shall distinguish which items are manufactured in the United States.] REPEALED.

.13 Purchasing Electronic Products.

A. In this regulation, “Electronic Product” means a product covered by EPEAT or another comprehensive environmental rating system approved by the Department of Information Technology.

[A.] B. [B.] C. (text unchanged)

 

.14 Recycle Services—Electronic Products.

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

B. Terms Defined.

(1) “Certified e-Stewards recycler” means a recycler of electronic products that has successfully completed the e-Stewards certification program created by the Basel Action Network;

(2) “Electronic product” means a product acceptable for recycling by:

(a) A certified e-Stewards recycler;

(b) An R2-certified recycler; or

(c) A recycler of electronic products that meets nationally-recognized and consensus-based guidelines, standards, and systems for recycling that are approved by the Department of the Environment in consultation with the Department of General Services.

(3) “R2-certified recycler” means a recycler of electronic products that is certified in the R2 practices standards that are maintained by R2 Solutions.

C. Beginning October 1, 2014, when procuring a services contract for electronic-products recycling, a State unit shall award the contract to a recycler of electronic products who:

(1) Is R2 or e-Stewards certified; or

(2) Meets nationally-recognized and consensus-based guidelines, standards, and systems for recycling that are approved by the Department of the Environment in consultation with the Department of General Services.

 

21.11.14 American-Manufactured Goods and Services—Preference

Authority: State Finance and Procurement Article, §§12-101, 14-401—14-403, 14-405, and 14-407, Annotated Code of Maryland; Ch. 593, Acts of 2010; Ch. 314, Acts of 2011

.01 Definitions

In this chapter, “Public employer” or “Public body” means a:

A. Unit;

B. County;

C. Municipality;

D. County board of education including the Baltimore City Board of School Commissioners; or

E. Special taxing district.

.02 Employee Uniforms and Equipment — Country of Manufacture.

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

B. Terms Defined.

(1) “Reasonably available quantities” means at least 90 percent of the items procured by the public employer are available within the employer’s delivery schedule.

(2) “Substantially less quality” means not in compliance with applicable safety and durability standards.

(3) “Unreasonable amount” means more than 5 percent over the lowest bid offering items manufactured outside the United States.

C. A public employer may not knowingly buy, furnish, or require an employee to buy or acquire for use while on duty the following items if those items are manufactured outside of the United States:

(1) A uniform or any other item of apparel, the selection of which is not within the employee’s discretion except for the proper size of the item; or

(2) Safety equipment and protective accessories.

D. A public employer may buy, furnish, or require an employee to buy or acquire for use while on duty the items listed in §C of this regulation that are manufactured outside of the United States if:

(1) The items or similar items are not manufactured or available for purchase in the United States;

(2) The items or similar items are not manufactured or available for purchase in the United States in reasonably available quantities;

(3) The price of the items or similar items manufactured in the United States exceeds the price of similar, available items that are not manufactured in the United States by an unreasonable amount; or

(4) The quality of the items or similar items manufactured in the United States is of substantially less quality than comparably priced, similar and available items not manufactured in the United States.

E. In each bid or proposal subject to the requirements of this regulation, a bidder or offeror shall certify to the public employer whether the offered items are manufactured in the United States. If a bid or proposal offers items that are manufactured in the United States and outside the United States, the bid or proposal shall distinguish which items are manufactured in the United States.

.03 Location of Performance of Services.

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

B. Terms Defined.

(1) “Services” has the meaning stated in COMAR 21.01.02.01B and includes:

(a) Construction-related services;

(b) Architectural services;

(c) Engineering Services; and

(d) Energy performance contracts.

(2) “Substantially less quality” means not in compliance with applicable performance standards.

(3) “Unreasonable amount” means more than 5 percent over the lowest financial proposal or bid offering services provided outside the United States.

C. This regulation applies to services contracts with an estimated value of $2,000,000 or more.

D. In response to a solicitation issued by a public employer for services as defined in §B(1) of this regulation, a bidder or offeror shall disclose to the public employer:

(1) Whether the bidder or offeror or any proposed subcontractor has plans, at the time the bid or proposal is submitted, to perform any services required under the contract outside the United States; and

(2) If services required under the contract are anticipated to be performed outside the United States;

(a) Where the services will be performed; and

(b) The reason why it is necessary or advantageous to perform the services outside the United States.

E. Except as provided in §F of this regulation, a public employer may not knowingly contract for architectural services, engineering services, construction-related services, or energy performance services unless the services are to be provided in the United States.

F. A public employer may contract for services listed in §E of this regulation that are provided outside the United States if:

(1)The services are not available in the United States;

(2) The price of the services in the United States exceeds by an unreasonable amount the price of services provided outside the United States; or

(3)The quality of services in the United States is substantially less than the quality of comparably-priced services provided outside the United States.

G. In each bid or proposal subject to the requirements of this regulation, a bidder or offeror shall certify to the public employer whether the offered services are provided in the United States. If a bid or proposal offers services that are provided in the United States and outside the United States, the bid or proposal shall distinguish which services are provided in the United States.

.04 American-Manufactured Goods.

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

B. Terms Defined.

(1) “American-Manufactured Goods” means goods that are manufactured or assembled in the United States;

(2) “Emergency Life Safety and Property Safety Goods” means any goods when provided for the installation in, as part of, or as an addition to a system designed to:

(a) Prevent, respond to, alert regarding, suppress, control, or extinguish an emergency or the cause of an emergency that threatens life or property; or

(b) Assist in evacuation in the event of an emergency that threatens life or property.

(3)Emergency life safety and property safety goods includes:

(a) Systems or items for or relating to:

(i) Fire alarms;

(ii) Fire sprinklers;

(iii) Fire suppression;

(iv) Fire extinguishing;

(v) Security;

(vi) Gas detection;

(vii) Intrusion detection;

(viii) Access control;

(ix) Video surveillance and recording;

(x) Mass notification;

(xi) Public address;

(xii) Emergency lighting;

(xiii) Patient wandering;

(xiv) Infant tagging; and

(xv) Nurse call;

(b) Information technologies and telecommunications products and technologies that are used for the purposes listed in §B(2) of this regulation.

(4) “Goods” means tangible or movable personal property other than money or investment securities.

(5) “Information Technologies and Telecommunications Products and Technologies” means electronic information processing hardware used to store, retrieve, transmit, and manipulate data and equipment used in the transmission of information, images, pictures, voice, or data by radio, video, or other electronic or impulse means.

(6) “Public Work” means a structure or work, including a bridge, building, ditch, road, alley, waterwork, or sewage disposal plant, that:

(a) Is constructed for public use or benefit; or

(b) Is paid for wholly or in part by public money.

(c) Public work does not include, unless let to a contract, a structure or work whose construction is performed by a public service company under order of the Public Service Commission or other public authority regardless of:

(i) Public supervision or direction; or

(ii) Payment wholly or in part from public money.

(7) “Reasonably available quantities” means at least 90 percent of the goods procured by the public body are available within the public body’s delivery schedule.

(8) “Substantially less quality” means not in compliance with applicable safety and durability standards including warranty terms.

(9) “Unreasonable amount” means more than 5 percent over the lowest financial proposal or bid offering goods manufactured or assembled outside the United States.

C. Except as provided in §D of this regulation, a public body shall require a contractor or subcontractor to use or supply American-manufactured goods in the performance of a contract for:

(1) Constructing or maintaining a public work; or

(2) Buying or manufacturing machinery or equipment that is to be installed at a public work site.

D. A public body may contract for goods that are manufactured or assembled outside the United States:

(1) If the head of the public body determines that:

(a) The price of the American-manufactured goods exceeds by an unreasonable amount the price of similar manufactured goods that are not manufactured in the United States;

(b) The goods or similar goods are not manufactured or available for purchase in the United States in reasonably available quantities;

(c) The quality of the goods or similar goods manufactured in the United States is substantially less than the quality of comparably-priced, similar and available goods that are not manufactured in the United States; or

(d) The procurement of a manufactured good would be inconsistent with the public interest; or

(2) To procure emergency life safety and property safety goods.

E. In each bid or proposal subject to the requirements of this regulation, a bidder or offeror shall certify to the public body:

(1) Whether the offered goods are emergency life safety and property safety goods;

(2) If the offered goods are not exempt from the requirements of this regulation, whether the offered goods are provided in the United States;

(3) If a bid or proposal offers goods that are provided in the United States and outside the United States, the bid or proposal shall distinguish which goods are provided in the United States.

 

Subtitle 13 PROCUREMENT REPORTING REQUIREMENTS

21.13.01 Reporting Requirements

Authority: State Finance and Procurement Article, §§12-101, 13-207, 14-208, 14-305, 14-505, 15-110, 15-111, and 17-104, Annotated Code of Maryland

.10 Procurement Policies and Procedures.

A. Each State agency not governed by its own board, commission, council or authority that is required to report to the Board under State Finance and Procurement Article, §12-401, Annotated Code of Maryland, shall submit written procurement policies and procedures to the Board annually within 60 days following the close of the fiscal year. State agencies governed by their own board, commission, council, or authority shall submit the policies and procedures to the board, commission, council, or authority for approval. In fiscal years following the initial submission of the procurement policies and procedures, State agencies shall report only changes to the policies and procedures annually, unless the Board directs otherwise.

B. This regulation does not apply to agreements that are excluded from the definition of procurement contract in COMAR 21.01.02.01B.

.16 Preferred Provider Reports.

A. Within 60 days after enactment of the State budget bill by the General Assembly, each unit and State aided or controlled entity shall report to the Department of General Services on the forecasted expenditures and contracts for the upcoming fiscal year. The report format shall be determined by the Department of General Services.

B. Within 90 days after the end of each fiscal year, a unit or State aided or controlled entity shall submit a report to the Department of General Services a report on the contracts awarded and payments made to preferred providers. The report format shall be determined by the Department of General Services.

C. Within 60 days after receipt of the reports required under State Finance and Procurement Article, §14-110(c)-(d), Annotated Code of Maryland, the Department of General Services shall provide a summary report to the:

(1) Board of Public Works;

(2) Senate Education, Health, and Environmental Affairs Committee;

(3) House Health and Government Operations Committee; and

(4) Legislative Policy Committee.

 

SHEILA McDONALD
Executive Secretary
Board of Public Works

Title 26
DEPARTMENT OF THE ENVIRONMENT

Subtitle 04 REGULATION OF WATER SUPPLY, SEWAGE DISPOSAL, AND SOLID WASTE

26.04.11 Composting Facilities

Authority: Environment Article, §9-1725, Annotated Code of Maryland

Notice of Proposed Action

[14-008-P]

The Secretary of the Environment proposes to adopt new Regulations .01—.16 under a new chapter, COMAR 26.04.11 Composting Facilities.

Statement of Purpose

The purpose of this action is to establish new regulatory requirements for composting facilities. This action would: delineate tiers of composting facilities based on feedstock types and sizes; create a Composting Facility Permit, which would be required for certain types of composting facilities; establish exemptions to the requirement for a Composting Facility Permit; provide for the creation of a general Composting Facility Permit; establish siting and design requirements for composting facilities; establish operational requirements for composting facilities; provide a process for approval of variances, pilot programs, and research activities; establish procedures for enforcement; set a timeframe and procedure for existing composting facilities to come into compliance with the requirements; require record keeping and reporting by composting facilities; and establish various other requirements related to construction and operation of composting facilities in the State.

The action would fulfill the duty of the Maryland Department of the Environment to adopt composting facility regulations under Environment Article, §9-1725, Annotated Code of Maryland. Because no existing regulations address composting facilities as defined in Environment Article, §9-1701, the Department is proposing to enact a new chapter, COMAR 26.04.11, incorporating the noted regulatory requirements.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed action would establish a new permit and design and operational requirements applicable to some types of composting facilities. The Department would be responsible for writing a general Composting Facility Permit, reviewing permit applications and Notices of Intent, and conducting enforcement. While the proposed action would create a marginal increase in the Department’s workload for permit review and enforcement, the total number of composting facilities in the State is expected to be sufficiently small that these duties could be undertaken with existing resources. The number of composting facilities currently known to exist is 13. The proposed action includes exemptions for small composting facilities, which would further limit increases in workload.

The proposed action could potentially result in costs to local governments that own or operate (or propose to own or operate) a composting facility subject to the requirements. These costs would include the costs to come into compliance with design and operational requirements and obtain a Composting Facility Permit, and may involve installation of design features and preparation of an operations plan. Costs would be mitigated to the extent that a local government already complies with some of the proposed requirements.

The proposed action would potentially result in costs to regulated composting businesses by instituting new design and operational requirements and requiring a new permit. The costs associated with obtaining the permit would be minimal for any facility opting for the general permit. Some design requirements may cause facilities to incur significant costs. Existing facilities would have until July, 2016 to come into compliance with the proposed regulations and some types of small facilities are exempt from the requirements. The exact magnitude of costs is unknown because it would vary based on individual decisions about feedstock types, facility size, and facility design. There are no fees associated with the proposed action.

 

 

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:

(E+)

Indeterminable

 

 

Benefit (+)

Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(-)

Indeterminable

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

NONE

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

A. The proposed action would create a marginal increase in the Department’s workload for permit review and enforcement, but the total number of composting facilities in the State is expected to be sufficiently small to allow these duties to be undertaken with existing resources.

C. The proposed action could potentially result in costs to local governments that own or operate (or propose to own or operate) a composting facility subject to the requirements. These costs would include the costs to come into compliance with design and operational requirements and obtain a Composting Facility Permit, and may involve installation of design features and preparation of an operations plan. Information is not readily available to determine the extent to which such costs will be incurred. Costs would be mitigated to the extent that a local government already complies with some of the proposed requirements.

D. The proposed action would potentially result in costs to regulated composting businesses by instituting new design and operational requirements and requiring a new permit. The costs associated with obtaining the permit would be minimal for any facility opting for the general permit. Some design requirements may cause facilities to incur significant costs. The exact magnitude of costs is unknown because it would vary based on individual decisions about feedstock types, facility size, and facility design.

Economic Impact on Small Businesses

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

 

Small Business Analysis Worksheet

This worksheet is designed to assist the agency in determining if and how the proposal impacts small businesses. Quantify the number of affected small businesses and estimates of costs and benefits to small businesses if possible. State Government Article,

§2-1505.2, includes the following definitions which are relevant to the analysis:

“Economic impact analysis” means an estimate of the cost or the economic benefit to small businesses that may be affected by a regulation proposed by an agency pursuant to Title 10, Subtitle 1 of this article.

“Small business” means a corporation, partnership, sole proprietorship, or other

business entity, including its affiliates, that: (i) is independently owned and operated; (ii) is not dominant in its field; and (iii) employs 50 or fewer full-time employees.

1a. Intended Beneficiaries. Who are the intended beneficiaries of the proposed regulation? Are these intended beneficiaries primarily households or businesses?

Primarily businesses and local governments. Private and public owners and operators of composting facilities are the intended beneficiaries in that they would obtain a clearer, and in some ways less burdensome, pathway for permitting of their existing and future facilities. Households and businesses located near composting facilities may indirectly benefit from the proposed regulations if the design and operational requirements result in fewer instances of nuisance conditions or water pollution.

1b. Intended Beneficiaries: Households. If households are the primary intended beneficiaries, will the proposal affect their income or purchasing power such that the volume or patterns of their consumer spending will change? If so, what directions of change would you anticipate? Will these expected spending changes have a disproportionate impact on small businesses? Can you descriptively identify the industries or types of business activities that are impacted?

Households are not the primary intended beneficiaries and the proposal is not expected to have a direct impact on household income, purchasing power, or patterns of consumer spending.

1c. Intended Beneficiaries: Businesses. If businesses are the intended beneficiaries, identify the businesses by industry or by types of business activities. How will businesses be impacted? Are these Maryland establishments disproportionately small businesses? If so, how will these Maryland small businesses be affected? Can you identify or estimate the present number of small businesses affected? Can you estimate the present total payroll or total employment of small businesses affected?

The businesses that will be affected by the proposal are composting businesses and other types of businesses that conduct composting incidental to their primary business (such as farms, landscaping companies, etc.). These businesses may be subject to the requirement for a new permit and to new design and operational requirements. However, these requirements would in some cases replace the requirement for a refuse disposal permit. Composting businesses may need to install additional design features for surface and groundwater protection and may need to develop an operations plan and/or design plans. The magnitude of costs to comply with the regulations for any one business would depend on a variety of individual decisions about feedstock types accepted, facility size, and facility design. There are approximately 13 known composting facilities in existence; approximately 6 are known to be privately owned (as opposed to governmental); and at least 1 of these would be outside the scope of the proposed requirements because it accepts sewage sludge. It is unknown how many of the remaining 5 facilities are small businesses. Total payroll or employment of affected small businesses is therefore unknown.

2a. Other Direct or Indirect Impacts: Adverse. Businesses may not be the intended beneficiaries of the proposal. Instead, the proposal may direct or otherwise cause businesses to incur additional expenses of doing business in Maryland. Does this proposal require Maryland businesses to respond in such a fashion that they will incur additional work-time costs or monetary costs in order to comply? Describe how Maryland establishments may be adversely affected. Will Maryland small businesses bear a disproportionate financial burden or suffer consequences that affect their ability to compete? Can you estimate the possible number of Maryland small businesses adversely affected? (Note that small business compliance costs in the area of regulation are the sum of out-of-pocket (cash) costs plus time costs — usually expressed as payroll, akin to calculations for legislative fiscal notes. Precise compliance costs may be difficult to estimate, but the general nature of procedures that businesses must accomplish to comply can be described.)

In addition to any direct capital costs incurred to bring a composting business into compliance with the proposed regulations, a composting business may incur other costs as a result of the regulations, such as costs to train employees on new operational requirements, develop the required operational plans, and prepare the permit application. For the reasons discussed above, the magnitude of these costs and the number of small businesses impacted cannot be determined. The proposal applies requirements based on facility tier, which is determined primarily by feedstock type and facility size, so costs are unlikely to disproportionately impact small businesses. Exemptions apply to some very small facilities, but these are more likely to be noncommercial entities than small businesses.

2b. Other Direct or Indirect Impacts: Positive. Maryland businesses may positively benefit by means other than or in addition to changed consumer spending patterns. How may Maryland businesses be positively impacted by this initiative? Will Maryland small businesses share proportionately or disproportionately in these gains? Can you estimate the possible number of Maryland small businesses positively affected?

To the extent that composting facilities regulated under the proposal are small businesses, the proposal may benefit small businesses through: reduced regulatory uncertainty; increased clarity and speed of the permitting process (particularly for the general permit); and a potentially increased ability to obtain financing for capital costs due to the increase in certainty.

3. Long-Term Impacts. There are instances where the longer run economic impact effect from regulations differ significantly from immediate impact. For example, regulations may impose immediate burdens on Maryland small businesses to comply, but the overall restructuring of the industry as a consequence of monitoring and compliance may provide offsetting benefits to the affected small businesses in subsequent years. Can you identify any long run economic impact effects on Maryland small businesses that over time (a) may compound or further aggravate the initial economic impact described above, or (b) may mitigate or offset the initial economic impact described above?

Costs to existing facilities are likely to be greatest during the first 2.5 years after adoption of the regulations, which is roughly the period for coming into compliance with the requirements. For new facilities, costs are likely to be concentrated in the period prior to beginning operations. If the industry matures in the future to the point that new facility siting declines, the overall costs of the proposal may decrease over time.

4. Estimates of Economic Impact. State Government Article, §2-1505.2 requires that an agency include estimates, as appropriate, directly relating to: (1) cost of providing goods and services; (2) effect on the work force; (3) effect on the cost of housing; (4) efficiency in production and marketing; (5) capital investment, taxation, competition, and economic development; and (6) consumer choice.

For the reasons described above, neither the number of small businesses impacted nor the magnitude of economic impact can be determined.

The proposal may have some additional indirect impacts on price and consumer choice for compost, as well as on jobs. The increase in regulatory clarity is anticipated to result in an increase in the number of composting facilities. This may result in an increase in the availability and a decrease in the price for compost. In turn, this could result in a lower cost to provide goods and services that use compost as an input (landscaping services, etc.). MDE is aware of research that found that composting facilities employ more people per ton of material managed, on average, than do landfills. Increases in composting due to new facility siting could therefore result in a net increase in jobs.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Ms. Hilary Miller, Deputy Director, Land Management Administration, Maryland Dept. of the Environment, 1800 Washington Blvd., Suite 610, Baltimore, MD 21230-1719, or call 410-537-3305, or email to hilary.miller@maryland.gov, or fax to 410-537-3002. Comments will be accepted through February 10, 2014. A public hearing has not been scheduled.

.01 Scope.

A. Except as otherwise provided, this chapter applies to persons engaged in the construction and operation of composting facilities.

B. Facilities that compost only natural wood waste are subject to COMAR 26.04.09.

C. Tier 3 composting facilities are subject to the requirements in:

(1) COMAR 26.04.06, for facilities composting sewage sludge; or

(2) COMAR 26.04.07, for facilities composting solid waste.

D. In addition to the Composting Facility Permit required in Regulation .05A of this chapter, composting facilities may be subject to permit requirements under:

(1) COMAR 26.08.01—.04, relating to State and National Pollutant Discharge Elimination System (NPDES) discharge permits; and

(2) COMAR 26.11.02, relating to air quality permits.

.02 Definitions.

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

B. Terms Defined.

(1) “24-hour, 25-year storm event” means the amount of precipitation, occurring over 24 hours, that has a probability of 1/25 of being met or exceeded during any 1-year period.

(2) “Active composting” means the phase of composting prior to fulfillment of the pathogen reduction requirements in Regulation .09B(10) of this chapter.

(3) “All-weather pad” means a pad of sufficient construction, firmness, and grading so that composting equipment can manage the process during normal inclement weather, including expected rain, snow, and freezing temperatures.

(4) “All-weather road” means a road of sufficient construction and firmness for vehicles and equipment to traverse during normal inclement weather, including expected rain, snow, and freezing temperatures.

(5) “Carbon-rich” means having a carbon-to-nitrogen ratio of at least 60:1.

(6) “Compost” means the product of composting in accordance with the standards established by the Secretary of Agriculture under Agriculture Article, §6–221, Annotated Code of Maryland.

(7) “Compostable products” means containers, films, or food service items, such as a bowls, plates, cups, or cutlery, composed of materials such as:

(a) Vegetable matter;

(b) Paper;

(c) Cardboard; and

(d) Compostable plastics that are, within the length of time and process employed at the composting facility at which they are used, capable of biological decomposition to a degree that they result in marketable compost meeting the standards established by the Secretary of Agriculture under Agriculture Article, §6–221, Annotated Code of Maryland.

(8) “Composting” means the controlled aerobic biological decomposition of organic waste material.

(9) Composting facility.

(a) “Composting facility” means a facility where composting takes place.

(b) “Composting facility” does not include a facility that is required to obtain:

(i) A Natural Wood Waste Recycling Facility Permit in accordance with COMAR 26.04.09;

(ii) A Sewage Sludge Utilization Permit in accordance with COMAR 26.04.06; or

(iii) A Refuse Disposal Permit in accordance with COMAR 26.04.07.

(c) The exclusions in §B(9)(b) of this regulation apply only to the areas of a site for which one of the listed permits is required.

(10) “Composting Facility Operations Plan” (CFOP) means the plan required by Regulation .09 of this chapter.

(11) “Composting Facility Permit” means the permit required by Regulation .05 of this chapter.

(12) Contact Water.

(a) “Contact water” means liquid, including runoff from precipitation, that has been in contact with feedstocks or active composting material and runs off the feedstock receiving area, feedstock storage area, or active composting area.

(b) “Contact water” includes liquid that has passed through or emerged from feedstocks or active composting material and contains soluble, suspended, or miscible materials removed from the piles.

(13) “Covered” means covered with:

(a) A synthetic, low-permeability cover or tarp designed to prevent precipitation from contacting the covered materials;

(b) A roof with either walls or sufficient run-on control measures, such as berms, to prevent run-on from contacting the covered materials; or

(c) An alternative approved by the Department.

(14) Curing.

(a) “Curing” means the phase of the composting process after the pathogen reduction requirements in Regulation .09 of this chapter have been met and after most of the readily metabolized material has been decomposed and stabilized.

(b) “Curing” includes periods in which the material is managed to increase maturity prior to use or distribution as compost.

(15) “Existing composting facility” means a composting facility that began operations on or before the effective date of this regulation.

(16) “Farm” means the site of a business or activity that tills, crops, keeps, pastures, or produces an agricultural product, including livestock, poultry, plants, trees, sod, food, feed, or fiber by in-ground, out-of-ground, container, or other culture.

(17) “Flood plain” means the flood plain of free-flowing waters determined by the Department of Natural Resources on the basis of the 100-year flood frequency.

(18) “Indoors” means within a structure that is entirely enclosed by walls and has a roof and low-permeability floor constructed of concrete, asphalt, or similar materials.

 (19) “In support of composting” means used to conduct any stage of the composting process, including but not limited to

(a) Feedstock receiving;

(b) Feedstock preparation;

(c) Active composting;

(d) Curing;

(e) Compost storage;

(f) Composting equipment storage or maintenance; or

(g) Storage of any solid waste or non-compostable materials.

(20) “Natural wood waste” is defined in COMAR 26.04.09.02.

(21) “New composting facility” means a composting facility that began operations after the effective date of this regulation.

(22) “Organic” means any natural biological substance of plant or animal origin that is capable of microbial degradation.

(23) “Person” means an individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind and any partnership, firm, association, corporation, or other entity.

(24) “Physical contaminants” means non-compostable items including non-compostable plastic, glass, rubber, and metal.

(25) “Run-on” means any rainwater or other liquid that drains over land onto any part of a composting facility.

(26) Stormwater.

(a) “Stormwater” means stormwater runoff, snow melt runoff, and surface runoff and drainage.

(b) “Stormwater” does not include contact water.

(27) “Stabilized compost” is defined in COMAR 15.18.04.01.

(28) “Tier 1 Facility” means a composting facility that accepts only Type 1 feedstocks.

(29) Tier 2 Facility.

(a) “Tier 2 Facility” means a composting facility that accepts Type 2 feedstocks.

(b) “Tier 2 Facility” includes a composting facility that accepts Type 1 feedstocks in addition to Type 2 feedstocks.

(c) “Tier 2 Facility” does not include a composting facility that accepts Type 3 feedstocks.

(30) “Tier 2 Small Facility” means a Tier 2 Facility that produces 10,000 cubic yards or less of compost per year.

(31) “Tier 2 Large Facility” means a Tier 2 Facility that produces more than 10,000 cubic yards of compost per year.

(32) “Tier 3 Facility” means a facility that accepts any Type 3 feedstocks, regardless of whether other feedstock Types are also accepted.

(33) “Type 1 feedstock” means:

(a) Yard waste, as defined in Environment Article, §9-1701, Annotated Code of Maryland; and

(b) Other materials determined by the Department to pose a low level of risk from hazardous substances, human pathogens, and physical contaminants.

(34) “Type 2 feedstock” means:

(a) Source-separated organics from residential curbside or drop-off programs and non-residential sources, including but not limited to pre- and post-consumer food scraps and non-recyclable paper;

(b) Department-approved animal manure and bedding, with Department approval based on factors such as moisture content and pathogen risk;

(c) Department-approved industrially produced food processing materials, including industrial poultry and seafood residuals;

(d) Manufactured organic materials such as waxed-corrugated cardboard, non-coated paper, and compostable products; and

(e) Other materials that the Department determines pose a low level of risk from hazardous substances and a higher level of risk from physical contaminants and human pathogens, compared to Type 1 feedstocks.

(35) “Type 3 feedstock” means:

(a) Sewage sludge;

(b) Biosolids;

(c) Septage;

(d) Used diapers;

(e) Mixed municipal solid waste; and

(f) Any other feedstocks that are not Type 1 or Type 2 feedstocks and that the Department determines pose a low level of risk from hazardous substances and a higher level of risk from physical contaminants and human pathogens, compared to Type 1 and Type 2 feedstocks.

.03 Incorporation by Reference.

A. In this chapter, the following documents are incorporated by reference.

B. Documents Incorporated. 40 CFR §122.26(b)(14), as amended, is incorporated by reference.

.04 General Restrictions and Specifically Prohibited Acts.

A. General Restrictions. A person shall not engage in composting in a manner which will likely:

(1) Create a nuisance;

(2) Be conducive to insect and rodent infestation or the harborage of animals;

(3) Cause nuisance odors or other air pollution in violation of COMAR 26.11.06 or involve construction of a source of air pollution subject to a permit to construct or operation of a source of air pollution subject to a permit to operate unless permitted pursuant to COMAR 26.11.02;

(4) Cause a discharge of pollutants derived from organic materials or solid waste to waters of this State unless otherwise permitted by the Department;

(5) Harm the environment; or

(6) Create other hazards to the public health, safety, or comfort as may be determined by the Department.

B. The Department, in exercising its authority under these regulations with respect to granting or renewing permits, reviewing registrations, reviewing operations of a facility, or allowing operation under a general permit, may consider any documentation required under these regulations to evaluate whether any of the conditions described in §A of this regulation is likely to occur or has occurred.

C. A person shall not own or operate a composting facility in this State except in accordance with these regulations.

.05 Permits Required.

A. Permits Required. Except as provided in §§B and C of this regulation and in Regulation .06 of this chapter, a person:

(1) May not cause, suffer, allow, or permit the operation of a composting facility in the State without a permit issued by the Department under this chapter; and

(2) Shall operate the facility:

(a) In accordance with the conditions of an individual Composting Facility Permit issued by the Department; or

(b) In accordance with the conditions of the general Composting Facility Permit after the responsible party has:

(i) Submitted a Notice of Intent (NOI) and all required information in accordance with Regulation .11 of this chapter; and

(ii) Received a letter of acknowledgment from the Department.

B. Exemption. A Composting Facility Permit is not required for a composting facility that:

(1) Is located on a residential property and composts organic materials generated on the residential site, if the resulting compost is used on the residential site for personal, household, or family purposes;

(2) Is located on a farm and meets the following conditions:

(i) The facility composts only organic materials generated on site or at another farm controlled by the same operator; and

(ii) The compost is used for personal, household, family, or agricultural purposes at the farm where the facility is located or at a farm controlled by the same operator;

(3) Is located on a farm required to submit a registration under Regulation .07 of this chapter, unless the Department requires the facility to obtain a Composting Facility Permit; or

(4) Is a Tier 1 or Tier 2 Facility and meets the following conditions:

(a) At all times, the facility uses no more than 5,000 square feet of area in support of composting operations;

(b) The facility complies with the general restrictions in Regulation .04A of this chapter; and

(c) Any windrows or storage piles are no higher than 9 feet.

C. Tier 3 Facilities.

(1) A person may not operate a Tier 3 Facility in the State without a permit issued by the Department under COMAR 26.04.07 or COMAR 26.04.06.

(2) A Tier 3 Facility that operates under a permit issued under COMAR 26.04.07 or COMAR 26.04.06 shall not require a Composting Facility Permit issued under this chapter.

.06 Existing Composting Facilities.

A. This regulation applies to composting facilities that began operations on or before the effective date of this regulation.

B. Within 60 days after the effective date of this chapter, an existing composting facility, except a composting facility exempt from the permit requirement under Regulation .05B(1) or (2) of this chapter, shall submit an Existing Facility Notification to the Department.

C. The Existing Facility Notification required in §B of this regulation shall be submitted on a form provided by the Department and shall include at least:

(1) The name and location of the composting facility;

(2) Days and hours of operation;

(3) The name and contact information of the facility operator and the name of each operator certified by the Department of Agriculture under COMAR 15.18.04;

(4) A brief description of the feedstocks currently accepted and their sources;

(5) An estimate of the quantity of feedstocks accepted annually and the quantity of compost produced annually, in cubic yards;

(6) The area, in square feet, that is used in support of composting operations; and

(7) Whether the compost is distributed off site.

D. An existing composting facility that has submitted a complete and timely Existing Facility Notification as required in §B of this regulation shall not be subject to the requirements in Regulations .05 and .07—.16 of this chapter until July 1, 2016, if the following conditions are met:

(1) The facility accepts only feedstocks that it accepted as of the effective date of this regulation and that were described in the Existing Facility Notification, except that the sources of feedstocks may change if the nature and type of the material is substantially the same;

(2) The facility accepts materials in quantities not exceeding the annual quantity reported in the Existing Facility Notification; and

(3) The facility does not engage in composting in a manner likely to cause any of the prohibited acts listed in Regulation .04A of this chapter.

E. Nothing in this regulation shall be construed to prohibit the Department from enforcing any other law, regulation, or permit applicable to the existing composting facility.

.07 Registration of Certain On-Farm Facilities.

A. Registration Required. The operator of a composting facility located at a farm shall submit a registration to the Department if:

(1) The facility at any time uses greater than 5,000 square feet in support of composting;

(2) The facility composts organic materials generated at a site other than:

(a) The farm where the facility is located; or

(b) A farm controlled by the same operator; and

(3) The compost is used at the farm where the facility is located or at a farm controlled by the same operator.

B. The registration required in §A of this regulation shall be submitted on a form provided by the Department and shall include:

(1) A description of the facility, including the method of composting and a description of the site on which the composting will or does take place;

(2) A description of the feedstocks accepted;

(3) The approximate quantities of each feedstock accepted;

(4) The origin of feedstocks accepted from off site; and

(5) Any other information requested by the Department related to composting activities.

C. The Department shall review the registration submitted under §A of this regulation and, based on the potential environmental risks of the facility, may require the facility to obtain a general or individual Composting Facility Permit, a State or NPDES discharge permit, or a State air quality permit.

.08 Facility Siting and Design Requirements.

A. This regulation applies to composting facilities that are required to obtain a Composting Facility Permit under this chapter, and establishes conditions that the facility operator shall meet with respect to siting and design of the facility.

B. Siting Criteria.

(1) Except where a greater setback is required by local, State, or federal law, feedstock receipt, feedstock storage, active composting, curing, and compost storage areas of a composting facility may not be located closer than:

(a) 50 feet to a property line;

(b) 300 feet to a dwelling not owned by the operator of the composting facility;

(c) 300 feet to a drinking water supply well; and

(d) 100 feet to a stream, lake, or other body of water except an impoundment for use in the composting process.

(2) A composting facility shall be located in accordance with all applicable federal laws, regulations, or guidance related to the location of composting facilities at or near airports.

(3) A composting facility shall not be located in a flood plain, except as otherwise approved by the Department.

(4) A composting facility shall be sited and constructed in accordance with COMAR 26.23 and COMAR 26.24, relating to nontidal and tidal wetlands, respectively.

(5) A composting facility may not be located in conflict with the Chesapeake Bay Critical Area Commission Criteria under COMAR 27.01 or any locally adopted Critical Area Plan.

C. Basic Design Criteria.

(1) As required by Regulation .09 of this chapter, the Composting Facility Operations Plan shall clearly define:

(a) The locations at the facility to be used for feedstock receiving and storage, active composting, curing, and compost storage; and

(b) The maximum throughput and capacity of the facility.

(2) No material shall be stored in excess of the capacity specified in the Composting Facility Operations Plan.

(3) The composting facility shall be of sufficient size to allow processing of materials as necessary to avoid nuisance conditions and shall have adequate room for material stockpiles, windrows, or piles of manageable dimensions for maintaining aerobic conditions, curing piles, staging of finished compost, and equipment.

(4) The maximum windrow or pile size and minimum windrow or pile spacing shall match the capability and requirements of the equipment used at the facility.

(5) Access to the composting facility shall be limited to authorized entrances, which shall be secured from public access when the facility is not in operation.

(6) The composting facility shall have a sign at its entrance that lists:

(a) The name and address of the facility;

(b) Days and hours of operation; and

(c) Emergency contact information.

(7) The composting facility shall have all-weather access roads.

(8) Structures such as berms or ditches shall be used to prevent run-on to the feedstock receiving, feedstock storage, active composting, curing, and compost storage areas.

D. Distance to Groundwater.

(1) The composting facility shall be designed and located to meet the following minimum vertical distances between the seasonal high water table and any surfaces used for feedstock receiving, feedstock storage, active composting, curing, or compost storage:

(a) For a facility located outside the coastal plain province, as shown in COMAR 26.04.02.13, the minimum distance shall be 4 feet; and

(b) For a facility located within the coastal plain province, as shown in COMAR 26.04.02.13, the minimum distance shall be as follows:

(i) For a facility located in an area with an applicable groundwater protection report approved by the county health department pursuant to COMAR 26.04.02.04, the minimum distance shall be the distance specified in the report as the minimum soil treatment zone for an on-site sewage disposal system;

(ii) For a facility located in an area where no approved groundwater protection report applies, the minimum distance shall be 4 feet;

(iii) For a facility that will operate under the general Composting Facility Permit, the minimum distance shall be the distance specified in the general permit;

(iv) The Department may set another distance if necessary to adequately protect groundwater, as determined by the Department and based on factors such as whether the facility is located in a wellhead protection area, the permeability of the buffer zone between the surface and groundwater, the proportion of rock in the buffer zone, whether the facility is located near a sole source aquifer, and any other relevant hydrogeologic factors; and

(v) Notwithstanding §D(1)(b)(i) through (iv) of this regulation, the minimum distance shall in no case be less than 2 feet;

(2) The Department may specify the method to be used for determining the distance to the seasonal high water table.

(3) The Department may exempt an indoor facility from the requirement for distance to the seasonal high water table in §D(1) of this regulation.

E. Pad Requirements.

(1) Slope of surfaces. All surfaces used for feedstock receiving, feedstock storage, active composting, curing, and compost storage shall be sloped between 1 and 6 percent, as determined by site conditions and as sufficient to prevent ponding, except for areas located indoors, which shall have slope sufficient to prevent ponding and facilitate cleaning.

 (2) Pad Requirements for Tier 1 Facilities. For Tier 1 Facilities, the surfaces used for feedstock receiving, feedstock storage, active composting, curing, and compost storage shall be composed of an all-weather pad.

(3) Pad Requirements for Tier 2 Small Facilities.

(a) For Tier 2 Small Facilities, the surfaces used for feedstock receiving, feedstock storage, curing, and compost storage shall be composed of an all-weather pad.

 (b) Surfaces used for active composting shall be composed of:

(i) An all-weather pad with a 6-inch layer of carbon-rich substrate such as wood chips placed beneath each active composting pile or windrow, above the all-weather pad; or

(ii) A low-permeability pad constructed in accordance with the requirements for Tier 2 Large Facilities in §E(4)(b) of this regulation, if the requirements for management of contact water in §F(2) or F(3) of this regulation are also met.

(4) Pad Requirements for Tier 2 Large Facilities.

(a) For Tier 2 Large Facilities, surfaces used for curing and compost storage shall be composed of an all-weather pad.

(b) Surfaces used for feedstock receipt, feedstock storage, and active composting shall be constructed of a low-permeability pad that meets the following requirements:

(i) A pad constructed on the surface of the ground shall have a hydraulic conductivity of 1 x 10-5 cm/sec or less;

(ii) A pad that is buried shall have a hydraulic conductivity of 1 x 10-6 cm/sec or less;

(iii) A pad made of asphalt concrete or Portland cement concrete shall be designed to minimize the potential for cracking and allow equipment to operate without damage; and

(iv) A pad made of compacted clay shall have a minimum thickness of one foot and shall be protected from desiccation and installed in a manner such that the integrity of the pad will not be impaired by the operation of heavy equipment used on the pad.

(c) For Tier 2 Large Facilities in which the active composting piles are covered, the active composting area required to have a low-permeability pad under §E(4)(b) of this regulation is limited to the area directly underneath each covered pile and does not include the aisles between the covered piles.

F. Design Requirements for Management of Stormwater and Contact Water.

(1) The facility shall be designed to manage any stormwater discharges associated with industrial activity, as defined in 40 C.F.R. §122.26(b)(14), in accordance with:

(a) The NPDES permit issued by the Department;

(b) State and local stormwater requirements; and

(c) State and local erosion and sediment control requirements.

(2) Uncovered Tier 2 Large Facilities.

(a) This subsection applies to Tier 2 Large Facilities in which the active composting piles are not covered.

(b) The feedstock receiving, feedstock storage, and active composting areas shall direct contact water to a collection basin, tank, or other containment system before:

(i) Reuse on active composting piles in accordance with the Composting Facility Operations Plan and in a manner that prevents contamination of materials that have met the pathogen reduction requirements in Regulation .09B(10) of this chapter;

(ii) Transport off site for treatment at a permitted facility; or

(iii) Discharge under COMAR 26.08.01—.04.

(c) The collection basin, tank, or other containment system used to collect contact water shall:

 (i) Be sized to handle at least a 24-hour, 25-year storm event;

(ii) Have a synthetic or compacted clay liner with a hydraulic conductivity of 1 x 10-7 cm/sec or less; and

(iii) If the liner is constructed of compacted clay, have a thickness of at least 1 foot.

(3) Covered Tier 2 Large Facilities.

(a) This subsection applies to Tier 2 Large Facilities in which active composting piles are covered.

(b) The following are considered contact water at Covered Tier 2 Large Facilities and shall be collected and contained in accordance with the requirements of §F(3)(d) of this regulation:

(i) Liquid that drains from the bottom of a covered pile; and

(ii) Runoff from any uncovered feedstock receipt or feedstock storage areas.

(c) The following are not considered contact water at Covered Tier 2 Large Facilities and are not subject to the collection and containment requirements of §F(3)(d) of this regulation:

(i) Runoff from active composting areas that has contacted only covered piles, roofs, or empty aisles; and

(ii) Runoff from any feedstock receipt and feedstock storage areas covered by a roof, if the runoff has contacted only the roof or empty aisles.

 (d) Contact water from Covered Tier 2 Large Facilities shall be collected and contained in a collection basin, tank, or other containment system before:

(i) Reuse on active composting piles in accordance with the Composting Facility Operations Plan and in a manner that prevents contamination of materials that have met the pathogen reduction requirements in Regulation .09B(10) of this chapter;

(ii) Transport off site for treatment at a permitted facility; or

(iii) Discharge under to COMAR 26.08.01—.04.

(e) A collection basin, tank, or other containment system used to collect contact water shall:

(i) Be sized to contain all contact water generated by the facility;

(ii) Have a synthetic or compacted clay liner with a hydraulic conductivity of 1 x 10-7 cm/sec or less; and

(iii) If the liner is constructed of compacted clay, have a thickness of at least 1 foot.

G. Monitoring Wells. The Department may require a composting facility to install monitoring wells and conduct groundwater monitoring if:

(1) The facility is located in karst terrain;

(2) The facility is located in a wellhead protection area; or

(3) The Department otherwise considers monitoring necessary to adequately protect groundwater because of the particular characteristics of the site.

.09 Composting Facility Operating Requirements.

A. This regulation:

(1) Applies to composting facilities that are required to obtain a Composting Facility Permit under this chapter; and

(2) Establishes requirements that the facility operator shall meet in operating a composting facility.

B. Basic Operating Requirements.

(1) Composting Facility Operations Plan (CFOP).

(a) A facility shall have and follow a Department-approved CFOP that contains:

(i) A description of the operational procedures for the facility in order to comply with the requirements of this chapter;

(ii) A description of the methods, equipment, and feedstocks to be used;

(iii) A description of the movement of materials throughout the composting process, including a description of the locations to be used at the facility for receipt, active composting, curing, and storage phases.

(iv) A maximum capacity and annual throughput for the facility;

(v) A plan to prevent creation of nuisances, including nuisance odors and litter, and to respond to complaints;

(vi) A plan to prevent harborage and infestation of vectors;

(vii) A description of methods used to control contact water and stormwater;

(viii) An emergency preparedness plan for responding to and minimizing the occurrence of fires, explosions, and releases;

(ix) A plan and procedure for monitoring temperature to ensure that the pathogen reduction requirements of §B(10) of this regulation are met, with the plan providing for measurement of the temperature of each windrow or pile at least three times each day, at the beginning, middle, and end of the operating day;

(x) A plan and procedure for monitoring oxygen and moisture during composting to demonstrate that aerobic conditions are maintained and the pathogen reduction requirements of §B(10) of this regulation are met;

(xi) A plan for periodic cleaning and maintenance;

(xii) A description of the methods for handling unacceptable wastes delivered to the facility, including how they shall be identified, segregated, and handled before recycling or final disposal;

(xiii) Employee safety training requirements;

(xiv) A description of procedures for recording and reporting incidents of noncompliance with this chapter;

(xv) Methods used to prevent mud, soil, and debris from the facility from entering public roadways and a procedure for cleaning roads if necessary;

(xvi) A plan for disposal of product that does not meet quality or regulatory standards;

(xvii) For Tier 2 Facilities, a plan for determining whether the product is stable, meets the pathogen reduction requirements of §B(10) of this regulation, and is suitable for placement in the curing or compost storage area; and

(xviii) A listing of the site personnel that hold a composting operator certification issued by the Department of Agriculture under COMAR 15.18.04.03.

(b) The facility operator shall review the CFOP internally at least once per year and update the CFOP when there is a change in Certified Operators, procedures, or feedstocks.

(c) The facility operator shall ensure that a copy of the CFOP is available on site and shall make the CFOP available to the Department upon request.

(2) The facility operator shall complete and document training in the basics of composting facility operations in accordance with COMAR 15.18.04.03.

(3) The facility shall be maintained in a clean and sanitary condition, free of unsecured trash and non-compostable materials at the end of each operating day.

(4) The facility shall have a copy of the current Composting Facility Permit on site at all times.

(5) The facility, including the feedstock receipt, feedstock storage, active composting, curing, and compost storage areas, shall be maintained and repaired as needed.

(6) The facility operator shall ensure that the facility is in compliance comply with all local rules, regulations, and ordinances.

(7) Feedstocks shall be managed in a timeframe that prevents nuisance odors, unauthorized discharge of contact water, fire, and scavenging by vectors.

(8) Compost shall not be stored on site longer than 12 months, unless approved by the Department on a case-specific basis and noted in the CFOP.

(9) Non-compostable waste shall be removed or stored in a waste container or containment area, and then disposed at a permitted solid waste facility or recycled:

(a) Within the timeframe provided in the approved CFOP;

(b) As required by local regulating authority; and

(c) Whenever the container is full.

(10) Processing Time and Temperatures.

(a) Compost processing time and temperatures shall be sufficient to kill weed seeds, reduce pathogens and vector attraction, and produce stabilized compost.

(b) The average temperature of the material shall be calculated for each day by averaging all temperature measurements taken during that day in accordance with §B(1)(a)(ix) of this regulation.

(c) Pathogen reduction for windrow composting shall be ensured as follows:

(i) There shall be at least 15 days in which the material being composted has an average temperature during each day of 55 ° C or higher;

(ii) During the period when the material is maintained at 55°C or higher, there shall be a minimum of five turnings of the windrow with a minimum of 3 days between turnings; and

(iii) The 15 or more days at or above an average temperature of 55°C do not need to be consecutive.

(d) Pathogen reduction for aerated static pile composting or in-vessel composting shall be ensured by achieving a period of at least three consecutive days in which the material has an average temperature during each day of 55 ° C or higher.

 (11) Any stormwater discharges associated with industrial activity, as defined in 40 C.F.R. §122.26(b)(14), shall be managed in accordance with:

(a) A NPDES permit issued by the Department;

(b) State and local stormwater requirements; and

(c) State and local erosion and sediment control requirements.

C. Additional Operating Requirements for Tier 2 Small Facilities.

(1) Type 2 feedstocks with free liquid shall be mixed with drier feedstocks, bulking material, or compost so that the liquid is promptly absorbed and not allowed to flow from the compost piles or windrows.

(2) By the end of each operating day, Type 2 feedstocks shall be processed into an active composting pile, transferred to leak-proof containment, or mixed with carbon-rich bulking material and covered in a manner that prevents nuisance odors and scavenging by vectors.

(3) Except for covered piles, a 6-inch layer of compost or carbon-rich material shall be placed over active composting piles by the end of the operating day on which they are formed and again after each time the piles are turned.

D. Additional Operating Requirements for Tier 2 Large Facilities.

(1) Any Type 2 feedstocks with free liquid shall be mixed with drier feedstocks, bulking material, or compost so that the liquid is promptly absorbed and not allowed to flow from the compost piles or windrows.

(2) Free liquid that is not absorbed by drier feedstocks is contact water and shall be directed to a containment system and managed in accordance with §D(4) of this regulation.

(3) By the end of each operating day, Type 2 feedstocks shall be processed into an active composting pile, transferred to leak-proof containment, or mixed with bulking material and covered in a manner that prevents nuisance odors and scavenging by vectors.

(4) Contact water shall be collected and contained in a collection basin, tank, or other containment system designed in accordance with Regulation .08F of this chapter before:

(a) Reuse on active composting piles in accordance with the CFOP and in a manner that prevents contamination of materials that have met the pathogen reduction requirements of §B(10) of this regulation;

(b) Transport off site for treatment at a permitted facility; or

(c) Discharge under COMAR 26.08.01—.04.

.10 Application for Individual Permit and Permit Review.

A. Requirements for Application.

(1) An applicant for an individual Composting Facility Permit shall submit a permit application on a form provided by the Department.

(2) An applicant for an individual Composting Facility Permit shall also apply for any air quality permits required under COMAR 26.11.02 and any discharge permits required under COMAR 26.04.02.09 and COMAR 26.08.04, including a permit for storm water discharges if required.

(3) The application for an individual Composting Facility Permit shall include:

(a) The name and address of the applicant;

(b) The applicant’s Social Security Number, if the applicant is an individual, or the applicant’s federal tax identification number, if the applicant is not an individual;

(c) A description of the facility for which the permit is requested, including an explanation of how the requirements of this chapter shall be met;

(d) A listing of all other applicable permits required under local, State, or federal law, including permit numbers for those currently held;

(e) A marketing plan and strategy for the compost produced at the facility;

(f) Copies of plans and engineering reports as described in §B of this regulation; and

(g) A description of any variances for which the applicant is applying at the time of application, in accordance with Regulation .14 of this chapter.

B. Plans and Specifications.

(1) The applicant shall submit plans and engineering reports for the facility to the Department as part of the application.

(2) The information contained in these plans and reports shall include:

(a) A map showing the specific location of the facility and types of land uses, including any residential areas, schools, or other institutions located within 1/2 mile of the boundaries of the facility;

(b) Drawings of on-site buildings and other facility structures, including any pads and contact water or stormwater containment systems, showing the type of construction, layout, and dimensions;

(c) For facilities with any outdoor operations, including feedstock receipt or curing, a topographic map of the site that identifies slopes greater than 25 percent, floodplains, wetlands, streams, and aquifer recharge areas;

(d) Drawings showing feedstock receipt and storage, compost storage, equipment storage, curing, and active composting areas;

(e) A site plan designating the property boundaries, existing and proposed facility structures, and roads;

(f) A descriptive statement of processes and technology to be used;

(g) The distance to the seasonal high water table, demonstrating compliance with Regulation .08D of this chapter;

(h) A description of the following:

(i) Major items of equipment including manufacturer, type, model, capacity, and number of units;

(ii) Types and anticipated quantities of feedstocks to be accepted and processed daily;

(iii) Types of feedstocks that are not accepted;

(iv) Means by which the quantities of materials entering the facility, processed at the facility, and leaving the facility are determined;

(v) Geographic areas expected to be served by the facility;

(vi) Measures that shall be taken to prevent or control ground or surface water pollution, fires, explosions, odors, noise, dust, litter, vectors, and other nuisances;

(vii) Methods of controlling contact water and stormwater from the facility;

(viii) Soil types and depths at the facility site;

(ix) Employee safety and sanitary facilities including the location of on-site sewage disposal and water supply systems;

(x) Number and positions of employees; and

(xi) Hours of operation;

(i) A copy of the Composting Facility Operations Plan required by Regulation .09 of this chapter;

(j) An erosion and sediment control plan that meets the requirements of COMAR 26.17.01 and has been approved by the local soil conservation district or appropriate approving authority;

(k) A grading permit as required by the local jurisdiction;

(l) A description of site security and access control; and

(m) An approved and bonded stormwater management plan, if required by the local jurisdiction.

C. Term of License. A composting facility permit shall be issued for a term of 5 years.

D. The Department shall distribute the applications submitted to the:

(1) Governing body, the county executive, or both, of a county or municipality in which the activity is proposed;

(2) Local operating agency responsible for solid waste and recycling management;

(3) Local health or environmental official;

(4) Department of Natural Resources;

(5) Appropriate soil conservation district;

(6) U.S. Army Corps of Engineers;

(7) State Highway Administration;

(8) State Fire Marshal’s Office; and

(9) Local fire marshal.

E. The Department shall invite each person receiving a copy of the application under §D of this regulation to:

(1) Inspect the site that is the subject of the application during a joint inspection scheduled by the Department; and

(2) Submit comments to the Department within 30 days of receipt of the application and supporting information.

F. Public Notice.

(1) Upon an applicant’s submission of a completed application for an individual Composting Facility Permit, the Department shall publish a notice of the application on the Department’s website, including:

(a) A statement of the location of the proposed facility and the type and quantity of feedstocks intended to be composted;

(b) A statement that the Department shall allow 30 days for public comment on the application before issuance of the permit;

(c) The procedure and deadline for submitting comments on the ap