Capitol Building

Maryland Register


Issue Date: January 29, 2021

Volume 48 •  Issue 3  • Pages 71—146

IN THIS ISSUE

General Assembly

Judiciary

Regulations

Errata

Special Documents

General Notices

 

Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before January 11, 2021 5 p.m.
 
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 January 11, 2021.
 
Gail S. Klakring
Acting Administrator, Division of State Documents
Office of the Secretary of State

Seal

Information About the Maryland Register and COMAR

MARYLAND REGISTER

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

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

   The following information is also published regularly in the Register:

   • Governor’s Executive Orders

   • Attorney General’s Opinions in full text

   • Open Meetings Compliance Board Opinions in full text

   • State Ethics Commission Opinions in full text

   • Court Rules

   • District Court Administrative Memoranda

   • Courts of Appeal Hearing Calendars

   • Agency Hearing and Meeting Notices

   • Synopses of Bills Introduced and Enacted by the General Assembly

   • Other documents considered to be in the public interest

CITATION TO THE MARYLAND REGISTER

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

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

CODE OF MARYLAND REGULATIONS (COMAR)

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

CITATION TO COMAR REGULATIONS

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

DOCUMENTS INCORPORATED BY REFERENCE

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

HOW TO RESEARCH REGULATIONS

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

SUBSCRIPTION INFORMATION

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

CITIZEN PARTICIPATION IN
THE REGULATION-MAKING PROCESS

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

Annotated Code of Maryland):

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

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

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

   • By petitioning the circuit court for a declaratory judgment

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

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

 

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

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

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

Illustrations by Carolyn Anderson, Dept. of General Services

 

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

 

Closing Dates for the Maryland Register

Schedule of Closing Dates and Issue Dates for the
Maryland Register .......................................................................  75

 

COMAR Research Aids

Table of Pending Proposals .............................................................  76

 

Index of COMAR Titles Affected in This Issue

COMAR Title Number and Name                                                  Page

04        Department of General Services........................................... 95

08        Department of Natural Resources .......................................  93

09        Maryland Department of Labor .....................................  92, 97

10        Maryland Department of Health ....................................  94, 99

13A     State Board of Education ...................................................  106

22        State Retirement and Pension System .................................  94

26        Department of the Environment ........................................  107

28        Office of Administrative Hearings ......................................  94

30        Maryland Institute for Emergency Medical Services
Systems (MIEMSS) .......................................................  128

33        State Board of Elections ......................................................  94

 

PERSONS WITH DISABILITIES

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

 

The General Assembly

SYNOPSIS NO. 1 .  78

 

The Judiciary

COURT OF APPEALS OF MARYLAND

DISCIPLINARY PROCEEDINGS ....................................  91

 

Emergency Action on Regulations

09  MARYLAND DEPARTMENT OF LABOR

COMMISSIONER OF FINANCIAL REGULATION

General Regulations .  92

 

Final Action on Regulations

08  DEPARTMENT OF NATURAL RESOURCES

FISHERIES SERVICE

General  93

Striped Bass .  93

Striped Bass .  93

Gear  93

WILDLIFE

Threatened and Endangered Species .  93

10  MARYLAND DEPARTMENT OF HEALTH

HEALTH SERVICES COST REVIEW COMMISSION

Uniform Accounting and Reporting System for Hospitals and
   Related Institutions . 94

22  STATE RETIREMENT AND PENSION SYSTEM

OPTION AND ANNUITY TABLES

Option Factors and Annuity Values .  94

28  OFFICE OF ADMINISTRATIVE HEARINGS

RULES OF PROCEDURE

Rules of Procedure .  94

33  STATE BOARD OF ELECTIONS

EARLY VOTING

Early Voting Activities ............................................................  94

 

Proposed Action on Regulations

04  DEPARTMENT OF GENERAL SERVICES

SECURITY OF STATE REAL PROPERTY

Security Cards .  95

BUILDINGS AND GROUNDS

General Regulations .  95

Legislative Branch Buildings and Grounds in
   Annapolis ..............................................................................  95

09  MARYLAND DEPARTMENT OF LABOR

COMMISSIONER OF FINANCIAL REGULATION

General Regulations .  97

10  MARYLAND DEPARTMENT OF HEALTH

MEDICAL CARE PROGRAMS

Pharmacy Services .  99

Disposable Medical Supplies and Durable Medical
   Equipment .............................................................................  99

Nursing Facility Services .  101

Oxygen and Related Respiratory Equipment Services ............  104

Acute Hospitals ........................................................................  104

LABORATORIES

Medical Laboratories — Testing for Hereditary and
   Congenital Disorders in Newborn Infants .  105

PREVENTIVE MEDICINE

Newborn Screening .  105

13A STATE BOARD OF EDUCATION

LOCAL SCHOOL ADMINISTRATION

General Financial Aid to Local School Systems .  106

26  DEPARTMENT OF THE ENVIRONMENT

WATER SUPPLY, SEWERAGE, SOLID WASTE, AND
   POLLUTION CONTROL PLANNING AND FUNDING

Bay Restoration Fund Implementation .  107

Notice of Change to Opportunity for Public
   Comment  107

DISPOSAL OF CONTROLLED HAZARDOUS
   SUBSTANCES

Hazardous Waste Management System: General ....................  107

Identification and Listing of Hazardous Waste .  107

Standards Applicable to Generators of Hazardous
   Waste .....................................................................................  107

Standards for Owners and Operators of Hazardous
   Waste Treatment, Storage, and Disposal Facilities ...............  107

Interim Status Standards for Owners and Operators of
   Hazardous Waste Treatment, Storage, and Disposal
   Facilities .  107

Standards for the Management of Specific Hazardous
   Wastes and Specific Types of Hazardous Waste
   Management Facilities ..........................................................  107

30  MARYLAND INSTITUTE FOR EMERGENCY
   MEDICAL SERVICES SYSTEMS (MIEMSS)

DESIGNATION OF TRAUMA AND SPECIALTY
   REFERRAL CENTERS

Designated Primary Stroke Center Standards .  128

Designated Acute Stroke Ready Center  131

 

Errata

COMAR 28.02.01.04 ...................................................................  136

 

Special Documents

DEPARTMENT OF THE ENVIRONMENT

SUSQUEHANNA RIVER BASIN COMMISSION

Projects Approved for Consumptive Uses of Water  137

Grandfathering (GF) Registration Notice .  139

Public Hearing .  139

WATER AND SCIENCE ADMINISTRATION

Water Quality Certification 20-WQC-0050 .  140

MARYLAND DEPARTMENT OF HEALTH/OFFICE OF
   HEALTH SERVICES

MARYLAND MEDICAID ENTERAL SUPPLIES
   REIMBURSEMENT — 2ND NOTICE
........................  141

MARYLAND MEDICAID ENTERAL NUTRITIONAL
   SERVICES REIMBURSEMENT — REVISED

   EFFECTIVE DATE AND 2ND NOTICE
.....................  142

MARYLAND HEALTH CARE COMMISSION

SCHEDULE FOR CERTIFICATE OF CONFORMANCE
   REVIEWS — PERCUTANEOUS CORONARY

   INTERVENTION SERVICES
......................................  143

 

General Notices

CHESAPEAKE BAY TRUST

Public Meeting .  144

STATE COLLECTION AGENCY LICENSING BOARD

Public Meeting .  144

MARYLAND DEPARTMENT OF HEALTH

Public Notice for Waiver for Adults with Brain
   Injury .....................................................................................  144

Medical Day Care Services Waiver — RENEWAL
   APPLICATION ..  144

Home and Community Based Options Waiver — RENEWAL
   APPLICATION ..  144

MARYLAND DEPARTMENT OF HEALTH/OFFICE OF
   HEALTH SERVICES

Waiver for Adults with Brain Injury — RENEWAL
   APPLICATION ..  144

Medical Day Care Services Waiver — RENEWAL
   APPLICATION ..  145

Home and Community Based Options Waiver — RENEWAL
   APPLICATION ..  145

MARYLAND DEPARTMENT OF HEALTH/STATE
   COMMUNITY HEALTH WORKER ADVISORY
   COMMITTEE

Public Meeting .  145

MARYLAND STATE LOTTERY AND GAMING CONTROL
   COMMISSION

Public Meeting .  145

MARYLAND HEALTH CARE COMMISSION

Receipt of Application .  145

Formal Start of Review ..  146

STATE ADVISORY COUNCIL ON QUALITY CARE AT
   THE END OF LIFE

Public Meeting . 146

RACING COMMISSION

Public Meeting . 146

BOARD OF WATERWORKS AND WASTE SYSTEMS
   OPERATORS

Public Meeting . 146

BOARD OF WELL DRILLERS

Public Meeting . 146

WORKERS’ COMPENSATION COMMISSION

Public Meeting . 146

 

 

COMAR Online

        The Code of Maryland Regulations is available at www.dsd.state.md.us as a free service of the Office of the Secretary of State, Division of State Documents. The full text of regulations is available and searchable. Note, however, that the printed COMAR continues to be the only official and enforceable version of COMAR.

        The Maryland Register is also available at www.dsd.state.md.us.

        For additional information, visit www.dsd.state.md.us, Division of State Documents, or call us at (410) 974-2486 or 1 (800) 633-9657.

 

Availability of Monthly List of
Maryland Documents

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

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

 

CLOSING DATES AND ISSUE DATES THROUGH JULY 2021

 

Issue
Date

Emergency

and Proposed

Regulations

5 p.m.*

Notices, etc.

10:30 a.m.

Final

Regulations

10:30 a.m.

February 12

January 25

February 1

February 3

February 26

February 8

February 12**

February 17

March 12

February 22

March 1

March 3

March 26

March 8

March 15

March 17

April 9

March 22

March 29

March 31

April 23

April 5

April 12

April 14

May 7

April 19

April 26

April 28

May 21

May 3

May 10

May 12

June 4

May 17

May 24

May 26

June 18

May 28**

June 7

June 9

July 2

June 14

June 21

June 23

July 16

June 28

July 2**

July 7

July 30

July 12

July 19

July 21

 

*   Deadlines are for submissions to DSD for publication in the Maryland Register and do not take into account the 15-day AELR review period. Due date for documents containing 8 to 18 pages is 48 hours before the date listed; due date for documents exceeding 18 pages is 1 week before the date listed.

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

** Note closing date changes.

***    Note issue date changes.

The regular closing date for Proposals and Emergencies is Monday.

 

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.

 

03 COMPTROLLER OF THE TREASURY

 

03.02.04.01 • 48:1 Md. R. 13 (1-4-21)

 

04 DEPARTMENT OF GENERAL SERVICES

(No changes effective since January 2020)

 

04.04.02.02—.06 • 48:3 Md. R. 95 (1-29-21)

04.05.01.08 • 48:3 Md. R. 95 (1-29-21)

04.05.02.02 • 48:3 Md. R. 95 (1-29-21)

 

08 DEPARTMENT OF NATURAL RESOURCES

 

08.02.03.03,.07,.10,.13,.14 • 48:2 Md. R. 51 (1-15-21)

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

08.02.19.04,.08 • 48:2 Md. R. 55 (1-15-21)

08.18.01.04 • 48:2 Md. R. 56 (1-15-21)

08.18.21.07 • 48:1 Md. R. 14 (1-4-21)

 

09 MARYLAND DEPARTMENT OF LABOR

 

09.03.02.08 • 48:3 Md. R. 97 (1-29-21)

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

09.10.01.07 • 48:2 Md. R. 56 (1-15-21)

09.10.01.91 • 48:2 Md. R. 57 (1-15-21)

09.10.02.62 • 48:2 Md. R. 58 (1-15-21)

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

09.12.01.01-1 • 48:2 Md. R. 59 (1-15-21) (ibr)

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

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

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

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

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

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

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

 

10 MARYLAND DEPARTMENT OF HEALTH

 

     Subtitles 01—08 (1st volume)

 

10.07.02.01—.03,.33,.40 • 47:2 Md. R. 91 (1-17-20) (ibr)

 

     Subtitle 09 (2nd volume)

 

10.09.03.04—.06 • 48:3 Md. R. 99 (1-29-21)

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

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

10.09.10.01,.07,.08,.15,.19 • 48:3 Md. R. 101 (1-29-21)

10.09.12.04,.07 • 48:3 Md. R. 99 (1-29-21)

10.09.18.07 • 48:3 Md. R. 104 (1-29-21)

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

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

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

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

10.09.92.08 • 48:3 Md. R. 104 (1-29-21)

 

     Subtitles 10 — 22 (3rd Volume)

 

10.10.13.12 • 48:3 Md. R. 105 (1-29-21)

10.14.08.01—.08 • 47:3 Md. R. 200 (1-31-20)

 

     Subtitles 23—36 (4th volume)

 

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

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

 

     Subtitles 37—68 (5th volume)

 

10.37.10.26 • 48:1 Md. R. 15 (1-4-21)

10.38.07.02 • 47:22 Md. R. 941 (10-23-20)

10.52.12.05 • 48:3 Md. R. 105 (1-29-21)

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

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

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

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

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

10.62.01.01 • 47:22 Md. R. 942 (10-23-20)

10.62.15.06 • 47:22 Md. R. 942 (10-23-20)

10.62.17.02,.03 • 47:22 Md. R. 942 (10-23-20)

10.62.23.01 • 47:22 Md. R. 942 (10-23-20)

10.62.24.01 • 47:22 Md. R. 942 (10-23-20)

10.62.29.01 • 47:22 Md. R. 942 (10-23-20)

10.62.34.09 • 47:22 Md. R. 942 (10-23-20)

10.62.35.01 • 47:22 Md. R. 942 (10-23-20)

10.62.37.01—.21 • 47:22 Md. R. 942 (10-23-20)

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

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

 

11 DEPARTMENT OF TRANSPORTATION

 

     Subtitles 01—10

 

11.03.01..01-1,.12 • 48:2 Md. R. 60 (1-15-21) (ibr)

11.03.02.10 • 48:2 Md. R. 60 (1-15-21)

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

 

     Subtitles 11—23 (MVA)

 

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

 

12 DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

 

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

 

13A STATE BOARD OF EDUCATION

 

13A.02.06.06 • 48:3 Md. R. 106 (1-29-21)

13A.04.02.01—.06 • 48:1 Md. R. 17 (1-4-21)

13A.04.10.01,.02 • 48:1 Md. R. 18 (1-4-21) (ibr)

 

13B MARYLAND HIGHER EDUCATION COMMISSION

 

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

13B.08.11.02—.04 • 48:2 Md. R. 62 (1-15-21)

 

14 INDEPENDENT AGENCIES

 

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

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

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

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

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

14.22.01.02,.07,.17 • 48:2 Md. R. 62 (1-15-21)

 

15 MARYLAND DEPARTMENT OF AGRICULTURE

 

15.01.05.02,.05 • 48:1 Md. R. 19 (1-4-21)

 

16 DEPARTMENT OF JUVENILE SERVICES

 

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

 

21 STATE PROCUREMENT REGULATIONS

 

21.07.02.12 • 48:1 Md. R. 21 (1-4-21)

21.11.16.01—.03 • 48:1 Md. R. 21 (1-4-21)

 

26 DEPARTMENT OF THE ENVIRONMENT

 

     Subtitles 01—07 (Part 1)

 

26.03.13.03 • 48:2 Md. R. 63 (1-15-21)

                      48:3 Md. R. 107 (1-29-21) (err)

 

     Subtitles 08—12 (Part 2)

 

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

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

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

 

     Subtitles 13 — 18 (Part 3)

 

26.13.01.03,.05 • 48:3 Md. R. 107 (1-29-21)

26.13.02.04-4,.04-5,.05,.19,.19-2 • 48:3 Md. R. 107 (1-29-21)

26.13.03.01,.01-1,.02,.02-1,.02-2,.03,.03-1—.03-11,.05,
     .05-1—.05-5,.06
• 48:3 Md. R. 107 (1-29-21)

26.13.05.01,.03,.05 • 48:3 Md. R. 107 (1-29-21)

26.13.06.01 • 48:3 Md. R. 107 (1-29-21)

26.13.10.02,.10,.14,.25 • 48:3 Md. R. 107 (1-29-21)

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

 

27 CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS

 

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

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

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

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

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

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

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

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

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

 

30 MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)

 

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

30.08.11.01—.14 • 48:3 Md. R. 128 (1-29-21)

30.08.18.01—.14 • 48:3 Md. R. 131 (1-29-21)

30.09.01.02 • 48:1 Md. R. 23 (1-4-21)

30.09.12.02—.06 • 48:1 Md. R. 23 (1-4-21)

 

31 MARYLAND INSURANCE ADMINISTRATION

 

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

 

The General Assembly

For additional up-to-date information concerning bills introduced in the General Assembly, log on to http://mlis.state.md.us and click on Bill Information and Status.  You may then enter a specific bill number for information about that bill.  You may also click on Senate Synopsis or House Synopsis for the most recent synopsis list for each house, or click on Synopsis Index for a listing of all bill synopses since the beginning of the legislative session.

 

SYNOPSIS NO. 1

House Bills

HB0001  The Spkr.  Historically Black Colleges and Universities - Funding.

HB0002  Del Korman.  Maryland Environmental Service Reform Act of 2021.

HB0003  Dels Clippinger and Queen.  Correctional Services - Parole - Life Imprisonment.

HB0004  Del Grammer.  Baltimore County - Career Exploration and Development Activities in Public High Schools - Prohibiting a Ban or Regulation of Sale of Coffee.

HB0005  Del Krebs.  Cemeteries - Perpetual Care - Distribution From Perpetual Care Trust Fund.

HB0006  Del Feldmark.  Economic Development - Maryland Technology Development Corporation - Alterations.

HB0007  Del Luedtke.  Income Tax Credit - Venison Donation Expenses - Montgomery County Deer Donation Program.

HB0008  Dels Krimm and Stein.  Maryland Strategic Energy Investment Fund - Regional Greenhouse Gas Initiative - Use of Proceeds for Maryland Healthy Soils Program.

HB0009  Del Shetty.  Family Law - Mandatory Reporter Training.

HB0010  Del K. Young.  Income Tax - Subtraction Modification - Living Organ Donors.

HB0011  Del Wilson.  Public Schools - African American History - Development of Content Standards and Implementation.

HB0012  Del C. Watson, et al.  Alcoholic Beverages - Sale or Delivery for Off-Premises Consumption.

HB0013  Del Luedtke.  Influence on Collective Bargaining - Prohibition on Use of Public Funds and Income Tax Addition Modification.

HB0014  Del Kerr.  Pharmacists - Prescription Drug and Device Labels - Expiration Dates.

HB0015  Del Pena-Melnyk.  Governor's Office of Immigrant Affairs.

HB0016  Del Stewart.  Correctional Services - Immigration Detention - Prohibition (Dignity Not Detention Act).

HB0017  Del Cox.  Public Safety - Emergency Powers Limitations (Consent of the Governed Act).

HB0018  Del W. Fisher, et al.  Landlord and Tenant - Eviction Action - Right to Counsel.

HB0019  Del Holmes.  Residential Real Estate Transactions - Escrow Agents and Trust Money.

HB0020  Del Wells.  Maryland Stadium Authority - Applicability of Prevailing Wage.

HB0021  Del Love.  Environment - Recycling - Prohibition on the Chemical Conversion of Plastic.

HB0022  Del Love.  Environment - PFAS Chemicals - Prohibitions and Requirements.

HB0023  Del Stein.  Personal Information - State and Local Agencies - Restrictions on Access.

HB0024  Del Ivey.  State Holidays - Primary Election Day.

HB0025  Del Cullison.  Catastrophic Health Emergencies - Health Care Providers - Definition and Immunity (Maryland Health Care Heroes Protection Act).

HB0026  Del Lopez.  Action to Collect a Private Education Loan - Required Documents.

HB0027  Del Long.  Education - Reporting Arrests of Students - Alterations.

HB0028  Dels Pena-Melnyk and R. Lewis.  Public Health - Implicit Bias Training and the Office of Minority Health and Health Disparities.

HB0029  Del Ivey.  Health - Standards for Involuntary Admissions and Petitions for Emergency Evaluation - Substance Use Disorder.

HB0030  Del Korman.  Public Utilities - Office of Climate Counsel - Establishment (Climate Counsel Act).

HB0031  Del Clippinger.  Courts - Surcharges and Payment to Rental Assistance Programs.

HB0032  Del J. Lewis.  Cannabis - Legalization and Regulation (Inclusion, Restoration, and Rehabilitation Act of 2021).

HB0033  Del Fraser-Hidalgo.  Climate Crisis and Education Act.

HB0034  Del Rosenberg.  State Department of Education and Maryland Department of Health - Maryland School-Based Health Center Standards - Telehealth.

HB0035  Del Cardin.  Judges - Selection and Retention.

HB0036  Del Lierman, et al.  Environment - Packaging, Containers, and Paper Products - Producer Responsibility.

HB0037  Del Valderrama.  Procurement - Prevailing Wage - Applicability.

HB0038  Del Carey.  State Government - Department of Information Technology - Cybersecurity.

HB0039  Del Shetty.  Action for Change of Name - Waiver of Publication Requirement.

HB0040  Del Charkoudian.  Maryland Energy Administration Study on Geothermal Heating and Cooling Systems and Geothermal Energy Workgroup.

HB0041  Del Smith.  Maryland State Bank Task Force - Establishment.

HB0042  Del P. Young.  Public Safety - Interjurisdictional Policing Grant Program - Establishment.

HB0043  Del Krimm.  Department of Information Technology - Office of Broadband and Joint Committee on Broadband.

HB0044  Del Fraser-Hidalgo.  Clean Cars Act of 2021.

HB0045  Del Forbes.  Education - Baltimore County Public Library - Collective Bargaining.

HB0046  Del Griffith.  Education - Student Horizon Database and Scorecard (Students Right to Know Act of 2021).

HB0047  Del Ivey.  Public Institutions of Higher Education - Contracts - Prohibition.

HB0048  Dels Bhandari and C. Jackson.  Criminal Procedure - Registered Sex Offenders - Entry Onto School Property.

HB0049  Del Rosenberg.  Landlord and Tenant - Repossession for Failure to Pay Rent - Lead Risk Reduction Compliance.

HB0050  Del Stewart.  Landlord and Tenant - Residential Leases - Tenant Rights and Protections (Tenant Protection Act of 2021).

HB0051  Del Turner.  Zoning - Environmental Justice Considerations.

HB0052  Del Wells.  Real Property - Alterations in Actions for Repossession and Establishment of Eviction Diversion Program.

HB0053  Del Ivey, et al.  Election Law - Voting Rights - Imprisoned Felons.

HB0054  Del Reilly.  Education - Harford County - Liability of School Bus Contractors.

HB0055  Del Crosby.  Immunities - Associations, Organizations, and Charities - Liability of Agents and Volunteers.

HB0056  Del Boyce.  Labor and Employment - Leave With Pay - Bereavement Leave.

HB0057  Del Rosenberg.  Voters' Rights Protection Act of 2020.

HB0058  Del Lierman.  Workgroup on Minority Homeownership, Neighborhood Revitalization, and Household Wealth Equity.

HB0059  Del Pena-Melnyk.  Task Force on Higher Education Students With Chronic Health Conditions.

HB0060  Del Wilkins.  Income Tax - Green Buildings Tax Credit - Multifamily Housing.

HB0061  Del Shetty.  Environment -“ Statewide Green Business Certification Program - Establishment.

HB0062  Del J. Lewis.  Department of Small Business, Entrepreneurship, and Innovation - Established.

HB0063  Del Williams.  State Finance - Prohibited Appropriations - Magnetic Levitation Transportation System.

HB0064  Del Henson.  Labor and Employment - Occupational Safety and Health - Handwashing Facilities on Construction Sites.

HB0065  Del Bhandari.  State Board of Environmental Health Specialists - Fees - General Fund.

HB0066  Dels Brooks and Barve.  Electric Generation - Transition From Fossil Fuels - Carbon Dioxide Emissions Rate and Transition Plan and Fund (Maryland Coal Community Transition Act of 2021).

HB0067  Del Korman.  I-495 and I-270 Public-Private Partnership - Partnership Agreement - Requirements (Maryland Department of Transportation Promises Act of 2021).

HB0068  Del T. Branch.  Baltimore City and Prince George's County - Diversionary and Reentry Program.

HB0069  Del Love.  Environment - Single-Use Plastics - Restrictions.

HB0070  Del Rogers.  Energy Efficiency - Net-Zero Homes - Contract Preferences.

HB0071  Del Luedtke.  Juvenile Services Education Board and Program - Establishment, Powers, and Duties.

HB0072  Del Anderton.  County Boards of Education - Student Transportation - Vehicles.

HB0073  Del Krimm.  State and Local Government and Private Employers - Teleworking.

HB0074  Del Brooks.  Income Tax - Credit for Energy Efficiency Upgrades - Passive Houses.

HB0075  Del Qi.  Election Law - Circuit Court Judges - Nonpartisan Elections.

HB0076  Del Love.  Water Pollution Control - Intervention in Civil Actions - Rights and Authority.

HB0077  Del Stewart.  Environment - Application of Coal Tar Pavement Products - Prohibitions (Safer Sealant Act of 2021).

HB0078  Del Pena-Melnyk, et al.  Public Health - Maryland Commission on Health Equity (The Shirley Nathan-Pulliam Health Equity Act of 2021).

HB0079  Dorchester County Delegation.  Legal Advertisement or Legal Notice - Publication in Newspaper or Newspaper in General Circulation - Online Newspapers.

HB0080  Del Charkoudian.  Department of Transportation and Department of the Environment - Purple Line Tree Replacement Plan.

HB0081  Del Lehman, et al.  Crimes - Unattended Dogs in Extreme Weather Conditions.

HB0082  Del W. Fisher, et al.  Constitutional Amendment - Environmental Rights.

HB0083  Del Queen.  Public and Nonpublic Schools - Electric Retractable Room Partitions - Operation Requirements.

HB0084  Del Feldmark, et al.  Consumer Protection - Right to Repair.

HB0085  Del Bhandari.  Baltimore County - Workers' Compensation - Permanent Partial Disability - Detention and Correctional Officers.

HB0086  Del Forbes.  Capital Projects - High Performance and Green Buildings - Alterations (Green Building Restoration Act).

HB0087  Del D. Jones, et al.  Vehicle Laws - School Bus Safety - Occupant Capacity.

HB0088  Del Brooks, et al.  Police Officers - Mental Health - Employee Assistance Programs.

HB0089  Del Wilkins.  Correctional Services - Diminution Credits - Education.

HB0090  Del Lierman.  State and Local Housing Programs - Affirmatively Furthering Fair Housing.

HB0091  Del C. Jackson.  Public Safety - Police Athletic League Grant Fund - Establishment.

HB0092  Del Luedtke.  Procurement - Invasive and Nonnative Plant Species - Prohibition on Use of State Funds.

HB0093  Del Henson.  Public Safety - Local Youth Violence Review Committees.

HB0094  Del Stein.  Environment - Water Quality Revolving Loan Fund - Use of Fund.

HB0095  Del Krebs.  Health Occupations - Nurses - Delegation of Tasks.

HB0096  Dels Solomon and Rosenberg.  Education - High School Graduation Requirements - Application.

HB0097  Del Lierman, et al.  Department of Housing and Community Development - Office of Digital Inclusion - Established (Digital Connectivity Act of 2021).

HB0098  Del Washington.  Maryland Higher Education Outreach and College Access Pilot Program - Alterations (Maryland College Access Act).

HB0099  Del Love.  Beverage Container Deposit Program - Establishment and Advisory Commission.

HB0100  Del D.M. Davis.  Correctional Services - Inmate Cost-of-Living Report - Maryland Correctional Enterprises Diversity Report.

HB0101  Del Charkoudian.  Human Services - Supplemental Nutrition Assistance Program - Heat and Eat Program.

HB0102  Dels Hill and Feldmark.  Correctional Services - Inmates - Labor, Job Training, and Educational Courses.

HB0103  Del Brooks.  Electric Facilities - Study and Procedures.

HB0104  Del Stewart.  Landlord-Tenant - Nonrenewal of Lease - Notice Requirements.

HB0105  Del Henson.  Department of Housing and Community Development - Community Development Administration - Compliance Monitoring Reporting.

HB0106  Del Wilson.  Office of the Attorney General - Website to Report Robocalls and Other Spam Calls.

HB0107  Del R. Lewis.  Prohibition on Vending Machine Sales of Drugs and Medicines - Repeal.

HB0108  Del Charkoudian.  Behavioral Health Crisis Response Services - Modifications.

HB0109  Del Stein.  Public Safety - Maryland Swimming Pool and Spa Standards - Adoption.

HB0110  Del Korman.  Electric Vehicle Recharging Equipment for Multifamily Units Act.

HB0111  Del Love.  Environmental Justice - At-Risk Communities and Environmental Permits - Requirements.

HB0112  Del Henson.  Residential Property - Eviction Proceedings - Sealing of Court Records.

HB0113  Dels Lierman and Korman.  Board of Revenue Estimates and Bureau of Revenue Estimates - Organization and Operations.

HB0114  Del Lierman, et al.  Maryland Transit Administration - Funding (Transit Safety and Investment Act).

HB0115  Del Moon.  Vehicle Laws - Canceled, Revoked, and Suspended Driver's Licenses - Penalties.

HB0116  Del Palakovich Carr.  Transportation - I-270 Commuter Bus Route Study.

HB0117  Del Rogers.  Maryland Personal Information Protection Act - Revisions.

HB0118  Dels Stein and Malone.  Vehicle Laws - Injury or Death of Vulnerable Individual - Penalties.

HB0119  Del Sample-Hughes.  Maryland Department of Health - Public Health Outreach Programs - Cognitive Impairment, Alzheimer’s Disease, and Other Types of Dementia.

HB0120  Dels Acevero and Barron.  Public Information Act - Personnel Records - Investigations of Law Enforcement Officers (Anton’s Law).

HB0121  Del W. Fisher.  State Government - Maryland Reparations Commission - Establishment (Harriet Tubman Community Investment Act).

HB0122  Dels Barron and Krimm.  Maryland Office of the Inspector General for General Services.

HB0123  Del Pena-Melnyk, et al.  Preserve Telehealth Access Act of 2021.

HB0124  Del Valderrama.  Occupational Safety and Health Standards to Protect Employees - Aerosol Transmissible Diseases and COVID-19.

HB0125  Del Lierman.  Public Institutions of Higher Education - Student Athletes (Jordan McNair Safe and Fair Play Act).

HB0126  Del Moon.  Public Safety - Pretrial Services Program Grant Fund - Extension and Program Requirements.

HB0127  Del Boyce.  Maryland Paint Stewardship.

HB0128  Del Stewart.  Criminal Law - Hate Crimes - Protected Groups and Penalties.

HB0129  Del Henson.  Environment - Mold Inspections - Standards, Reporting, and Penalties.

HB0130  Del Qi.  Commission on LGBTQ Affairs - Established.

HB0131  Del J. Lewis.  Correctional Services – Step-Down Programs - Cause of Action.

HB0132  Del Bagnall.  Health - Mental and Emotional Disorders - Consent (Mental Health Access Initiative).

HB0133  Del Korman.  State Finance and Procurement - Appropriation Reductions (Board of Public Works Budget Reduction Clarification Act).

HB0134  Del J. Lewis.  Business Regulation - Flavored Tobacco Products - Prohibition.

HB0135  Del K. Young.  Pharmacists - Administration of Self-Administered Medications and Maintenance Injectable Medications.

HB0136  Del Cardin.  Election Law - Campaign Contributions - Alterations and Prohibition on Sports and Event Wagering Business Entities.

HB0137  Del Charles.  State Finance and Procurement - Procurement Improvement Council - Duties and Report on eMaryland Marketplace.

HB0138  Del Johnson.  Education - Sexual Abuse and Assault Awareness and Prevention Program - Human and Sex Trafficking.

HB0139  Del D.M. Davis, et al.  Law Enforcement Officers - Use of Force.

HB0140  Del Acevero.  Commission on History, Culture, and Civics in Education.

HB0141  Del Sample-Hughes.  Maryland Department of Health - Residential Service Agencies - Training Requirements.

HB0142  Del Ivey.  Income Tax - Student Loan Debt Relief Tax Credit - Alterations.

HB0143  Del Palakovich Carr.  Maryland Child Tax Credit.

HB0144  Del Reilly.  Harford County - Alcoholic Beverages - Class D Beer and Wine License.

HB0145  Del Boyce.  Unlawful Taking of Oysters From Submerged Land Leases, Aquaculture Leases, and Water Column Leases - Penalties.

HB0146  Del Lehman, et al.  Department of Agriculture - Spay/Neuter Fund - Extension and Fee on Commercial Feed.

HB0147  Del Crutchfield, et al.  Criminal Law - Sexual Crimes - Repeal of Spousal Defense (Love Is No Defense to Sexual Crimes).

HB0148  Del Carey.  Commercial Law - Personal Information Protection Act - Revisions.

HB0149  Del Wilson.  Criminal Law - Distribution of Child Pornography - Minor.

HB0150  Del Crosby.  State Government - House of Delegates - Bill Sponsorship - Limit.

HB0151  Del Acevero.  Law Enforcement Officers' Bill of Rights - Repeal.

HB0152  Del Crosby.  Law Enforcement - Department of State Police – Body-Worn Cameras.

HB0153  Dels Ivey and Henson.  Election Law - Elections by Mail.

HB0154  Del Bartlett, et al.  Civil Actions - Tortious Injury to or Death of Pet - Compensatory Damages (Buddy's Law).

HB0155  Del Wilkins.  County Boards and Public and Nonpublic Prekindergarten Programs and Schools - Discrimination - Prohibition.

HB0156  Dels Luedtke and Griffith.  Student and Military Voter Empowerment Act.

HB0157  Del W. Fisher.  Indigenous Peoples' Day - Rule of Interpretation and Replacement of Columbus Day.

HB0158  Del Carr, et al.  Property Tax – Homeowners’ Property Tax Credit - Calculation and Refunds.

HB0159  Del Grammer.  Public Safety - Persistent Aerial Surveillance.

HB0160  Del Bagnall.  Environment - Wetlands and Waterways - Riparian Rights.

HB0161  Del Kelly.  Health Occupations - Registration of Audiology Assistants.

HB0162  Del Ivey.  Prescription Drug Affordability Board - Upper Payment Limits and Reports.

HB0163  Del Ivey.  State Board of Elections - Membership - Appointments.

HB0164  Dels Stein and Lierman.  Department of the Environment - Office of Recycling - Recycling Market Development.

HB0165  Del Wilkins.  Maryland Estate Tax - Unified Credit.

HB0166  Del Grammer.  Income Tax - Subtraction Modification - Retirement Income.

HB0167  Del P. Young.  Health Insurance - Out-of-Pocket Maximums and Cost-Sharing Requirements - Calculation.

HB0168  Del Ivey.  Motor Vehicle Insurance Use of Credit History Rating Policy.

HB0169  Del Valentino-Smith.  Juvenile Law - Informal Adjustment.

HB0170  Del K. Young.  Cancer Drugs - Physician Dispensing and Coverage.

HB0171  Del Washington.  State Department of Education - School Discipline - Data Collection.

HB0172  Del Lehman.  Corporate Income Tax - Combined Reporting and Subtraction Modification for Combined Groups of Corporations.

HB0173  Del Feldmark, et al.  Community Colleges - State Funding - Revision.

HB0174  Del Brooks.  Public Utilities – Investor-Owned Utilities - Prevailing Wage.

HB0175  Del Henson.  Public Safety - Ammunition - Sales and Transfers.

HB0176  Del Wilkins.  Earned Income Tax Credit - Individuals Without Qualifying Children - Calculation and Refundability.

HB0177  Del Ivey.  Property Tax - Real Property Tax Rate - Prohibition on Increase During Public Health Emergency.

HB0178  Del Stewart.  Vehicle Laws - Reckless Driving, Speed Contests, Registration Plates, and Noise Abatement - Penalties.

HB0179  Del Luedtke.  Income Tax - Subtraction Modification - Union Dues.

HB0180  Del Clippinger.  Juveniles - Sexting.

HB0181  Del Ebersole.  Baltimore County - Board of Education - Election of Officers.

HB0182  Del Kerr.  Health Occupations - Podiatric Physicians.

HB0183  Del Lierman.  Public Information Act - Revisions (Equitable Access to Records Act).

HB0184  Del Ivey.  University System of Maryland, Morgan State University, and St. Mary's College of Maryland - Board Membership - Alterations.

HB0185  Del T. Branch.  Alcoholic Beverages - On-Sales - Required Multiple Purchases.

HB0186  Del Malone.  Courts - Court Dog Therapy Program - Veterans Treatment Courts.

HB0187  Del Ivey.  Public Safety - Law Enforcement – Body-Worn Cameras.

HB0188  Del Grammer.  No-Knock Warrants - Elimination (Duncan’s Act).

HB0189  Del Qi.  Mobile Laundry for the Homeless Pilot Program.

HB0190  Del Lierman.  Procurement - Specialized Printing Services Contracts - Board of Public Works Approval.

HB0191  Del Kelly.  Maryland Medical Assistance Program - Psychiatrist and Psychiatric Nurse Practitioner Telemedicine Reimbursement - Sunset Termination.

HB0192  Del Guyton.  Public Schools - Special Education Classrooms - Use of Video.

HB0193  Del Guyton.  Criminal Procedure - Victims of Crime - Private Room.

HB0194  Del Wells.  Criminal Procedure - Police Officers and Public Defenders - Implicit Bias - Testing, Training, and Evaluation.

HB0195  Del Wilson.  Criminal Procedure - District Court Commissioners - Issuance of Arrest Warrant.

HB0196  Del Ivey.  Environment - Oil and Natural Gas Produced by Hydraulic Fracturing - Prohibition on Exportation.

HB0197  Del Wilson.  Criminal Procedure - Police Officers - Stop Procedures (Know Your Rights Act).

HB0198  Del Wilson.  Criminal Law - Disturbing the Peace - Prohibited Actions.

HB0199  Del Wilson.  Maryland State Sport - Lacrosse.

HB0200  Dels Stein and Bartlett.  Public Safety - Access to Firearms - Storage Requirements (Jaelynn's Law).

HB0201  Del Palakovich Carr.  Income Tax Rates - Capital Gains Income.

HB0202  Del Stein.  Election Law - Presidential Electors - Selection and Voting.

HB0203  Del C. Jackson.  Estates and Trusts - Wills and Advance Medical Directives - Notaries Public.

HB0204  Del Lierman.  Environment and Natural Resources - Complaints, Inspections, and Enforcement - Information Maintenance and Reporting.

HB0205  Del Reznik.  Public Schools - Provision of Menstrual Hygiene Products - Requirement.

HB0206  Del Washington.  Election Law - Early Voting Centers - Hours of Operation.

HB0207  Del Wilson.  Nursing Homes - Resident Change in Condition - Notification.

HB0208  Dels Healey and Stein.  Agriculture - Neonicotinoid Pesticides - Sale and Storage.

HB0209  Del Belcastro.  Public Health - Maryland Suicide Fatality Review Committee.

HB0210  Del Bhandari.  State Board of Physical Therapy Examiners - Temporary Licenses to Practice Physical Therapy and Limited Physical Therapy.

HB0211  Del Bhandari.  Election Law - Early Voting Centers - Days of Operation.

HB0212  Del Cardin.  Criminal Procedure - Medical Emergency - Immunity.

HB0213  Del Cardin.  Courts - Prohibited Indemnity and Defense Liability Agreements.

HB0214  Del Malone.  Wetlands and Waterways - Riparian Rights - Prohibition on Termination or Impairment.

HB0215  Del Palakovich Carr.  Income Tax - Carried Interest - Additional Tax.

HB0216  Del Valentino-Smith.  Higher Education - Tuition Exemption for Foster Care Recipients and Homeless Youth - Alterations and Reports.

HB0217  Del Wilkins.  Income Tax - Subtraction Modification - Expenses of Medical Cannabis Grower, Processor, Dispensary, or Independent Testing Laboratory.

HB0218  Del Love.  Commercial Law - Consumer Protection - Biometric Identifiers and Biometric Information Privacy.

HB0219  Del Krebs.  Naturopathic Doctors - Formulary Council Membership, Formulary Content, and Scope of Practice.

HB0220  Del Adams.  Clean Energy Attribute Credits and Procurement.

HB0221  Del Turner.  Motor Vehicle Insurance - Use of Credit History in Rating Policies.

HB0222  Del Wilkins.  Value My Vote Act.

HB0223  Del Love.  Criminal Law - Person in a Position of Authority - Sexual Offenses With a Minor.

HB0224  Del Krebs.  Department of Information Technology - Study of a Common Information Technology Platform for Health Occupations Boards.

HB0225  Del Arentz.  Queen Anne's County - Natural Resources - Sunday Hunting.

HB0226  Del R. Lewis.  Baltimore City - Complete Streets Program Funding - Traffic and Vehicle Monitoring Systems.

HB0227  Del Charles.  Courts - Improperly Summoning a Police Officer - Civil Liability.

HB0228  Del Ivey.  University of Maryland Medical System - Applicability of the Public Information Act and Open Meetings Act.

HB0229  Del Stewart.  Corporate Income Tax - Throwback Rule.

HB0230  Del Proctor.  Inmates - Life Imprisonment - Parole Reform.

HB0231  Del Palakovich Carr.  Crimes - Mitigation - Race, Color, National Origin, Sex, Gender Identity, or Sexual Orientation.

HB0232  Del Fraser-Hidalgo.  Maryland Agricultural Commission - Hemp Industry Member.

HB0233  Del Sample-Hughes.  State Board of Professional Counselors and Therapists - Maryland Music Therapists Act.

HB0234  Del Williams.  Criminal Law - Harm to Service Animals.

HB0235  Del W. Fisher.  Correctional Services - Pregnant Incarcerated Individuals - Substance Abuse Assessment and Treatment.

HB0236  Del Hill, et al.  Department of General Services - Energy-Conserving Standards (Maryland Sustainable Buildings Act of 2021).

HB0237  Del Ebersole.  State Department of Education - Early Literacy and Dyslexia Practices - Guidance and Assistance.

HB0238  Del Wells.  Criminal Procedure - Automatic Expungement.

HB0239  Del Rogers.  State Real Estate Commission - Property Managers - Registration.

HB0240  Del Shetty.  Criminal Procedure - Forensic Genetic Genealogical DNA Analysis, Searching, Regulation, and Oversight.

HB0241  Del Wilson.  Criminal Procedure - Search Warrants - Requirements.

HB0242  Del Atterbeary.  Family Law - Emancipation of a Minor and Authorization to Marry.

HB0243  Del Atterbeary.  Family Law - Grounds for Divorce.

HB0244  Del Valentino-Smith.  Task Force to Study Access to Mental Health Care in Higher Education.

HB0245  Del Hill.  Election Judges - Training and Signs - Accommodations for Voters in Need of Assistance.

HB0246  Dels Hill and R. Lewis.  Higher Education - Returned Peace Corps Volunteers - In-State Tuition.

HB0247  Del Guyton.  Election Law - Voting Order Priority - Individuals Who Need Extra Assistance.

HB0248  Del Shetty.  Condominiums and Homeowners Associations - Rights and Restrictions - Composting.

HB0249  Del Cardin.  Agriculture - License to Produce Hemp - Limitation.

HB0250  Del Fraser-Hidalgo.  Commercial Motor Vehicles - Inspections.

HB0251  Del Carr.  Maryland Funding Accountability and Transparency Act - Nonbudgeted State Agencies.

HB0252  Dels Long and Arikan.  Tax Sales - Owner-Occupied Residential Property.

HB0253  Del Grammer.  Baltimore County - Nuisance Actions - Community Association.

HB0254  Del Hill, et al.  University of Maryland, Baltimore - Study on the Health Effects of Air Traffic Noise.

HB0255  Del Hill, et al.  Department of Aging - Grants for Aging-in-Place Programs - Funding.

HB0256  Del Rosenberg, et al.  Baltimore City - Alcoholic Beverages Licenses - Hours of Sale.

HB0257  Del Qi.  Maryland Commission on Civil Rights - Employment Discrimination - Reporting.

HB0258  Del Guyton.  State Child Welfare System - Reporting.

HB0259  Del Ivey.  Historically Black Colleges and Universities - Independence From University System of Maryland.

HB0260  Del W. Fisher.  Courts - Jury Service - Disqualification.

HB0261  Del T. Branch.  Business Regulation - Battery-Charged Fence Security Systems - Regulation.

HB0262  Del Palakovich Carr.  Opportunity Zone Tax Deduction Reform Act of 2021.

HB0263  Del Wilson.  Civil Actions - Child Sexual Abuse - Definition and Statute of Limitations.

HB0264  Del Charkoudian.  Solid Waste Management - Organics Recycling and Waste Diversion - Food Residuals.

HB0265  Del Moon.  General Assembly - Special Election to Fill a Vacancy in Office.

HB0266  Del Cox.  Student Education Equity Grant Program - Established (Student Education Equity in Funding Act).

HB0267  Del Grammer.  Sewage Treatment Plants - Effluent Discharges - Impacts on Midge Populations.

HB0268  Del Grammer.  Criminal Trials - Spousal Privilege - Exception.

HB0269  Del Wells.  Department of Agriculture - Urban Agriculture Grant Program.

HB0270  Del K. Young.  Criminal Procedure - Victims of Sexually Assaultive Behavior - Required Meeting.

HB0271  Del Ebersole.  Public Safety - Law Enforcement Diversion Programs.

HB0272  Del Carr.  Public Information Act - Required Denials - Sociological Information and Distribution Lists .

HB0273  Del Turner.  Education - Voluntary Ethical Special Education Advocate Certificate Program.

HB0274  Del Cardin.  Election Law - Elections by Mail.

HB0275  Del Smith.  Individual Income Tax - Brackets and Rates - Alteration.

HB0276  Del Henson.  Congregate Care Facilities - Visitation.

HB0277  Del Atterbeary.  Criminal Law - First-Degree Child Abuse - Continuing Course of Conduct.

HB0278  Del Feldmark, et al.  Economic Development - Job Creation Tax Credit - Qualified Position.

HB0279  Dorchester County Delegation.  Motor Vehicle Registration - Exception for Golf Carts - Hoopers Island and Taylors Island.

HB0280  Del Charkoudian.  Maryland Recycling Act - Recyclable Materials and Resource Recovery Facilities - Alterations.

HB0281  Del Chang.  Criminal Law - Humane Society and Animal Control Officers - Education and Training Requirements.

HB0282  Del Brooks.  Income Tax - Subtraction Modification for Centenarians.

HB0283  Del Reilly.  Harford County - Board of Education - Terms of Appointed Members.

HB0284  Del R. Lewis.  Vehicle Laws - Dedicated Bus Lanes - Enforcement.

HB0285  Del R. Lewis.  Workgroup on Statewide Vehicle Crash Data Collection and Reporting.

HB0286  Dels Hartman and Long.  Hate Crimes - Law Enforcement Officers and First Responders.

HB0287  Del Johnson.  Harford County - Alcoholic Beverages - Resort Complex License.

HB0288  Del Charles.  Audiology and Speech-Language Pathology Interstate Compact.

HB0289  Del Atterbeary.  Peace Orders - Workplace Violence.

HB0290  Del Hill, et al.  Employment Discrimination - Time for Filing Complaints.

HB0291  Del Krimm.  Vehicle Laws - Failure to Pay Video Toll - Outstanding Fines.

HB0292  Del Stewart.  Public Ethics - Gifts and Lobbyist Registration (Public Integrity Act of 2021).

HB0293  Del Stein.  Natural Resources - Organized Killing Contests - Restriction.

HB0294  Del Williams.  Business Occupations and Professions - Architects - Scope of Licensure.

HB0295  Dels Love and Henson.  Water Pollution - Stormwater Management Regulations and Watershed Implementation Plans - Review and Update.

HB0296  Del Stein.  Driver's Licenses - Older Licensees - In-Person Renewal.

HB0297  Del Pena-Melnyk.  Maryland Lynching Truth and Reconciliation Committee - Reporting and Sunset Extension.

HB0298  Del Charkoudian.  Utility Regulation - Consideration of Climate and Labor.

HB0299  Del Carr.  State Board of Physicians - Genetic Counselors - Licensing.

HB0300  Dorchester County Delegation.  Commemorative Days - Maryland Voting Equity Reform Day.

HB0301  Dels Shetty and R. Lewis.  Estates and Trusts - Maryland Revised Uniform Anatomical Gift Act - Revisions.

HB0302  Del Stein.  Environment - On-Site Wastewater Services - Regulation.

HB0303  Del Stewart.  Long-Term Care Insurance - Prohibition on Premium Increases (Long Term Stability for Seniors Act).

HB0304  Del W. Fisher.  State and Local Government - Participation in Federal Immigration Enforcement.

HB0305  Del Proctor.  Public Safety - Task Force on Missing Persons.

HB0306  Del C. Jackson.  Hate Crimes - False Statement to a Law Enforcement Officer.

HB0307  Del Rosenberg.  Maryland Technology Internship Program - Qualifications for Participation - Alterations.

HB0308  Dels Rosenberg and Cardin.  Courts - Civil Actions - Strategic Lawsuits Against Public Participation.

HB0309  Dels Pena-Melnyk and R. Lewis.  Public Health - Data - Race and Ethnicity Information.

HB0310  Del Lierman.  Maryland Arts Capital Grant Program.

HB0311  Del Carr.  Vehicle Laws - Intersections - Prohibited Acts.

HB0312  Del Reilly.  Harford County - Alcoholic Beverages - Assisted Living Program License.

HB0313  Del Holmes.  Cooperative Housing Corporations, Condominiums, and Homeowners Associations - Reserve Studies - Statewide.

HB0314  Del Lierman.  Plastic Bag Reduction Act.

HB0315  Del Bartlett, et al.  Juvenile Law - Juvenile Interrogation Protection Act.

HB0316  Del Smith.  Conditions of Pretrial Release - Home Detention Monitoring.

HB0317  Del Gilchrist.  Maryland Green Purchasing Committee - Food and Beverage Procurement - Greenhouse Gas Emissions.

HB0318  Del K. Young.  Developmental Disabilities Administration - Self-Directed Services (Self-Direction Act).

HB0319  Del Palakovich Carr.  Local Tax Relief for Working Families Act of 2021.

HB0320  Del Smith.  Maryland Longitudinal Data System - Transfer of Student Data - Modifications.

HB0321  Del Ebersole.  Public Buildings - Changing Facilities - Requirements.

HB0322  Dels Hill and Feldmark.  Real Property - Restrictions on Use - Low-Impact Landscaping.

HB0323  Del Arentz.  Queen Anne’s County - Alcoholic Beverages - Repeal of Place of Worship Prohibition.

HB0324  Del Moon.  Criminal Law - Marijuana - Possession and Possession With Intent to Distribute.

HB0325  Del Mautz.  Talbot County - Deer and Turkey Hunting - Sundays.

HB0326  Del Grammer.  Clerks of the Courts - Case Management System - Information on Judge or Magistrate.

HB0327  Del Adams.  State Finance and Procurement - Retainage Proceeds.

HB0328  Del Kerr.  Financial Institutions - Abandoned Property - Notice and Records.

HB0329  Dels Cardin and Crutchfield.  Criminal Procedure - Warrants - Issuance.

HB0330  Del Charkoudian.  Effective Corporate Tax Rate Transparency Act of 2021.

HB0331  Del Johnson.  Criminal Procedure - Questioning of Minors by Police Officers.

HB0332  Del Ivey.  Renewable Energy Portfolio Standard - Eligible Sources.

HB0333  Del Clark.  Marine Contractor License - Performance of Services - Licensing Requirements and Fees.

HB0334  Del Korman.  Maryland Transit Administration - Conversion to Zero-Emission Buses (Zero-Emission Bus Transition Act).

HB0335  Del Boyce.  Election Law - Party and Elected Public Offices - Prohibitions.

HB0336  Del Ivey.  Private Institutions of Higher Education - Police Departments - Repeal and Prohibition.

HB0337  Del P. Young.  Sales and Use Tax - Vendor Collection Credit - Job Training.

HB0338  Del Ebersole.  Business Regulation - Innkeepers - Records and Human Trafficking Awareness Training.

HB0339  Del Malone.  Legislative Districts - Standards.

HB0340  Del Pena-Melnyk.  Commercial Law - Retail Transactions - Cash Payments (Cash Transactions Preservation Act).

HB0341  Del Lehman, et al.  Election - Absentee Ballot Canvass - Start and Release of Tabulation.

HB0342  Del Wilson.  Education - Health and Safety of Students - Notification of Problematic Student Behavior.

HB0343  Del Henson, et al.  Family Law - Nonpayment of Child Support - Sentencing.

HB0344  Del Korman.  Open Meetings Act - Requirements for State Agencies and Local Boards of Elections (Maryland Transparency Act of 2021).

HB0345  Del Charkoudian.  Public Utilities - Gas Service Regulator Safety (Flower Branch Act).

HB0346  Del Carr.  Vehicle Laws - Failure to Pay Video Toll - Penalties.

HB0347  Del Shetty.  Criminal Law - Exploitation of Vulnerable Adult or Elderly Individual - Undue Influence.

HB0348  Del Long.  Baltimore County - Homestead Property Tax Credit Notice - Pilot Program.

HB0349  Del Arentz.  Queen Anne's County - Alcoholic Beverages - Unannounced Visits by Inspectors.

HB0350  Del Adams.  Labor and Employment - Maryland Healthy Working Families Act - Verification.

HB0351  Del Malone.  Income Tax - Subtraction Modification for Qualified Higher Education Expenses - Annual Limitation.

HB0352  Del Holmes.  Real Property - Condominiums and Homeowners Associations - Governing Bodies and Annual Meetings.

HB0353  Del Ivey.  Civil Actions - Violation of Rights - Governmental Liability.

HB0354  Del W. Fisher, et al.  Criminal Procedure - Probation Before Judgment - Facts Justifying a Finding of Guilt and Suspension of Sentence.

HB0355  Del Ruth.  Election Law - Registered Voter List Security and Electronic Signature Requirements for Petitions.

HB0356  Del Qi.  Corporations and Associations - Filing Fee Study.

HB0357  Del Palakovich Carr.  Income Tax - Pass-Through Entity - Additional Tax.

HB0358  Del Wilson.  Income Tax Checkoff - Maryland Veterans Trust Fund.

HB0359  Del Guyton.  Maryland Longitudinal Data System - Student Data - Pregnant and Parenting Students.

HB0360  Del Lierman.  Income Tax - Angel Investor Tax Credit Program.

HB0361  Del Holmes.  Real Property - Governing Bodies of Common Ownership Communities - Member Training.

HB0362  Del Valentino-Smith.  Juvenile Law - Probation.

HB0363  Del Lierman.  Maryland Public Ethics Law - Retaliation for Reporting or Participating in Investigation - Prohibition.

HB0364  Del P. Young.  State Finance and Procurement - Central Collection Unit - Powers.

HB0365  Del W. Fisher.  Criminal Procedure - Office of the Attorney General - Prosecution of Police Officer.

HB0366  Dels Cardin and Crutchfield.  District Court Commissioners - Arrest Warrants - Recall and Issuance of a Summons.

HB0367  Del Holmes.  Real Property - Regulation of Common Ownership Community Managers.

HB0368  Del Bagnall.  Task Force on Oral Health in Maryland.

HB0369  Del Rosenberg.  Election Law - Foreign Manufacture of Election Systems - Notification and Termination of Contract.

HB0370  Del Kerr.  Education - Public and Nonpublic Schools - Seizure Action Plans (Brynleigh's Act).

HB0371  Del P. Young.  State Lottery - Instant Ticket Lottery Machines - Fraternal Organizations (ITLMs for Homeless Veterans Act).

HB0372  Del Moon.  Criminal Law - Drug Paraphernalia for Administration - Decriminalization.

HB0373  Del Wilson.  Education - Child Abuse and Sexual Misconduct Prevention - Hiring Emergent Employees.

HB0374  Del Smith.  Collective Bargaining - Baltimore City Community College - Faculty.

HB0375  Del Valderrama.  Labor and Employment - Family and Medical Leave Insurance Program - Establishment (Time to Care Act of 2021).

HB0376  Del Mautz.  Renewable Energy Portfolio Standard - Municipal Electric Utilities.

HB0377  Del Bagnall.  Commission on Student Behavioral Health and Mental Health Treatment.

HB0378  Del D.M. Davis.  Local Government Tort Claims Act - Definition of Local Government.

HB0379  Del Charkoudian.  Public Utilities - Low-Income Housing - Energy Performance Targets.

HB0380  Del Malone.  Sales and Use Tax – Tax-Free Period for Back-to-School Shopping - School Supplies and Textbooks.

HB0381  Del Long.  Animal Shelters - Standards of Operation.

HB0382  Del Wilson.  Juvenile Law - Conduct by Children Involving Sexually Explicit or Nude Images.

HB0383  Del Carr.  Traffic Control Signal Monitoring Systems - Exclusion of Vehicle Rental Companies - Repeal and Notification Requirement.

HB0384  Del Sample-Hughes.  Real Property - Sale of Mobile Home Parks - Notice Requirements.

HB0385  Del Crutchfield, et al.  Criminal Law - Felony Murder - Limitation and Review of Convictions for Children.

HB0386  Del Malone.  Property Tax Credit - Disabled or Fallen Law Enforcement Officers and Rescue Workers - Federal Criminal Investigator.

HB0387  Del Stein.  Homeowners' Property Tax Credit - Eligibility - Hardship Exception.

HB0388  Del Turner.  State Lottery and Gaming Control Agency - Gaming Study - Use of Gaming Proceeds.

HB0389  Del Hill.  General Provisions - State Song - Repeal and Competition.

HB0390  Dels Johnson and Lisanti.  University of Maryland - Harford Memorial Hospital Closure - Economic Impact Study.

HB0391  Del Hartman, et al.  Solid Waste Management - Prohibition on Releasing a Balloon Into the Atmosphere.

HB0392  Del Guyton.  Child Care Centers - Early Childhood Screening and Assistance.

HB0393  Del Barron, et al.  Maryland Office of the Inspector General for Health.

HB0394  Del Smith.  Public Schools - Fees for Summer School Courses - Prohibition.

HB0395  Del Adams.  Business Regulation - Home Improvement Contracts - Deposits.

HB0396  Del Pena-Melnyk.  Public Health - Overdose and Infectious Disease Prevention Services Program.

HB0397  Del Lierman.  Electricity and Gas - Energy Suppliers - Supply Offers.

HB0398  Del Palakovich Carr.  Election Law - Time Off for Employee Voting.

HB0399  Del Krimm.  Real Property - Required Notices for Contracts of Sale - Zones of Dewatering Influence.

HB0400  Del Boyce.  Public Schools - Enrollment Location - Continuity.

HB0401  Del Guyton.  Public Schools - Pregnant and Parenting Students - Policies and Reports.

HB0402  Del Malone.  Correctional Services - Division of Parole and Probation - Definition of Absconding.

HB0403  Del Ebersole.  Video Lottery Operation License - Renewal.

HB0404  Del W. Fisher.  Vehicle Laws - Speed Monitoring Systems - Child Care Centers.

HB0405  Del Lopez.  Special Education - Judicial Actions - Attorney's Fees and Related Costs.

HB0406  Del P. Young.  Higher Education - Nonresident Tuition - Exemption for Spouses and Dependents of Honorably Discharged Veterans.

HB0407  Del Stein.  On-Site Sewage Disposal Systems - Inspection - Licensing.

HB0408  Del D.E. Davis.  Business Regulation - Home Improvement Contracts - Payments.

HB0409  Del J. Lewis.  Juveniles Convicted as Adults - Sentencing - Limitations and Reduction (Juvenile Restoration Act).

HB0410  Del Malone.  Congressional Districts - Standards (Anti-Gerrymandering of Maryland's Congressional Districts).

HB0411  Del Williams, et al.  Criminal Law - Law Enforcement Officers - Prohibition on Sexual Activity.

HB0412  Del K. Young.  Task Force to Study Increased Voter Participation.

HB0413  Del Wells.  Judges - Implicit Bias - Testing, Training, and Evaluation.

HB0414  Del D.M. Davis.  Southern Maryland Rapid Transit Project - Funding.

HB0415  Del Grammer.  Firearms - Right to Purchase, Own, Possess, and Carry - Medical Cannabis.

HB0416  Del Belcastro.  Health Care Facilities - Assisted Living Programs - Memory Care and Alzheimer's Disease Unit Regulations.

HB0417  Del Adams.  Education - Public Schools - Required Number of School Days or Hours.

HB0418  Del Guyton.  County Boards of Education - Symbols of Hate - Policy.

HB0419  Del Qi.  Economic Development - Advanced Clean Energy and Clean Energy Innovation Investments and Initiatives.

HB0420  Del Wilson.  Employers of Ex-Offenders - Liability for Negligent Hiring or Inadequate Supervision - Immunity.

HB0421  Del Rosenberg.  Income Tax Distribution - Tax Clinics for Low-Income Marylanders.

[21-03-19]

 

Senate Bills

SB0001  Sen Sydnor, et al.  Historically Black Colleges and Universities - Funding.

SB0002  Sen McCray, et al.  Maryland Environmental Service Reform Act of 2021.

SB0003  Sen Griffith, et al.  Preserve Telehealth Access Act of 2021.

SB0004  Sen Edwards, et al.  Maryland Public Ethics Law - Retaliation for Reporting or Participating in Investigation - Prohibition.

SB0005  Sen Griffith, et al.  Public Health - Implicit Bias Training and the Office of Minority Health and Health Disparities.

SB0006  Sens Lam and Hough.  General Assembly – Special Election to Fill a Vacancy in Office.

SB0007  Sen Simonaire.  Courts – Court Dog Therapy Program – Veterans Treatment Courts.

SB0008  Sen Kagan.  General Provisions – State Song – Repeal.

SB0009  Sen Kramer.  State Employees - Collective Bargaining - Applicability, Bargaining Processes, and Memorandums of Understanding.

SB0010  Sens Waldstreicher and Ferguson.  Election Law – Polling Sites – Firearms Prohibitions.

SB0011  Sen Ellis.  Sales and Use Tax - Agricultural Purpose Exemption - Seedlings and Fruit Trees.

SB0012  Sen Hettleman.  Maryland Office of the Inspector General for Health.

SB0013  Sen Eckardt.  Certified Nursing Assistants – Certificate Renewal – Training Program Requirements.

SB0014  Sen Kelley, et al.  Compensation to Individual Erroneously Convicted, Sentenced, and Confined (The Walter Lomax Act).

SB0015  Sen Bailey.  Firearms - Handgun Permit - Notice of Expiration and Renewal Instructions.

SB0016  Sen Augustine.  Commercial Law - Consumer Protection - Biometric Identifiers and Biometric Information Privacy.

SB0017  Sens Carozza and West.  Criminal Law – Life–Threatening Injury Involving a Motor Vehicle or Vessel – Criminal Negligence (Wade’s Law).

SB0018  Sen Hough, et al.  Income Tax – Subtraction Modification – School Supplies for Home Instruction and Virtual Learning Programs.

SB0019  Chr B&T (Dept).  Economic Development – Biotechnology Investment Incentive Tax Credit Program – Alterations.

SB0020  Sen Carter.  Vehicle Laws - Canceled, Revoked, and Suspended Driver's Licenses - Penalties.

SB0021  Sen Reilly.  Wetlands and Waterways - Riparian Rights - Prohibition on Termination or Impairment.

SB0022  Sen Young.  On-Site Sewage Disposal Systems - Inspection - Licensing.

SB0023  Sen Hettleman.  Conditions of Pretrial Release - Home Detention Monitoring.

SB0024  Sen West.  Gaming – Sports and Event Wagering License – Maryland State Fair and Agricultural Society, Inc..

SB0025  Sen Eckardt.  Commemorative Days - Maryland Voting Equity Reform Day.

SB0026  Sen Ellis.  State Highway Administration - State Highways and Interstate Highways - Litter Collection and Mowing.

SB0027  Sen Hough, et al.  Public Safety - Permit to Carry, Wear, or Transport a Handgun - Qualifications.

SB0028  Sen Patterson, et al.  Criminal Law - Second Degree Assault - Sports Official.

SB0029  Sen Kramer.  Election Law - Voting - Elections by Mail, Polling Places, and Early Voting Centers.

SB0030  Sens Elfreth and Guzzone.  State Finance and Procurement - Appropriation Reductions (Board of Public Works Budget Reduction Clarification Act).

SB0031  Sen Washington.  Electricity and Gas – Energy Suppliers – Supply Offers.

SB0032  Chr JPR (Dept).  Maryland Transit Administration - Limitation of Liability.

SB0033  Sen Ellis.  State and County Procurement - Minority Business Enterprise Program Participation Goals.

SB0034  Sen Lam.  State Board of Physicians - Genetic Counselors - Licensing.

SB0035  Sen Feldman.  Procurement – Prevailing Wage – Applicability.

SB0036  Sen Gallion.  Election Integrity Act.

SB0037  Sen Carter.  Election Law - Registered Voter List Security and Electronic Signature Requirements for Petitions.

SB0038  Sen West.  Baltimore County - Alcoholic Beverages - Board of License Commissioners - Qualifications.

SB0039  Sen Ellis.  Department of Planning - Collateral Consequences for Individuals With Criminal Records - Study.

SB0040  Sen Peters.  Higher Education – Richard W. Collins III Leadership With Honor Scholarship – Bowie State.

SB0041  Sen Augustine.  Health – Mental and Emotional Disorders – Consent (Mental Health Access Initiative).

SB0042  Sen Young.  Public Safety - Police Officers - Screening for Violent Behavior, Aggressive Behavior, and Bias.

SB0043  Sens Elfreth and Hettleman.  Criminal Law - Law Enforcement Officers - Prohibition on Sexual Activity.

SB0044  Chr JPR (Dept).  Correctional Officers - Age Requirement.

SB0045  Sen Patterson.  State Lottery and Gaming Control Agency - Gaming Study - Use of Gaming Proceeds.

SB0046  Sen Lam.  Crimes - Mitigation - Race, Color, National Origin, Sex, Gender Identity, or Sexual Orientation.

SB0047  Sen Corderman.  Health Facilities – Nursing Homes and Assisted Living Programs – Essential Caregivers.

SB0048  Sen Young, et al.  Income Tax - Subtraction Modification - Living Organ Donors.

SB0049  Sen Lee.  State Government - Department of Information Technology - Cybersecurity.

SB0050  Sen Carter.  Criminal Procedure - Police Officers - Duty to Intervene.

SB0051  Sen Bailey.  Tri-County Council for Southern Maryland - Property Management - Southern Maryland Regional Agricultural Center.

SB0052  Sen Washington.  Public Health – Maryland Commission on Health Equity (The Shirley Nathan–Pulliam Health Equity Act of 2021).

SB0053  Sen Hershey.  Clean Energy Attribute Credits and Procurement.

SB0054  Chr FIN (Dept).  Local Government – Clean Energy Loan Programs – Grid Resilience Projects.

SB0055  Sen Sydnor.  Legislative Department - Eligibility to Serve as Senators and Delegates - Place of Abode.

SB0056  Sen Eckardt.  Maryland Medical Assistance Program - Psychiatrist and Psychiatric Nurse Practitioner Telemedicine Reimbursement - Sunset Termination.

SB0057  Sen Lee.  Family Law – Child Custody and Visitation.

SB0058  Sen Ellis.  Election Law - Local Boards of Elections - Membership.

SB0059  Sen Patterson.  State Procurement - Small Business Reserve Program.

SB0060  Sen Peters.  State Debt - Annuity Bond Fund - Use of Bond Premiums.

SB0061  Sen Lam.  Public Buildings – Changing Facilities – Requirements.

SB0062  Sens Hester and Elfreth.  Emergency Management - Chief Resilience Officer - Appointment and Duties.

SB0063  Sen Benson.  Marlow Heights Police Department - Establishment.

SB0064  Sen Salling.  Unemployment Insurance - Earned Rating Record - Waiver of Benefit Charges Due to COVID-19.

SB0065  Sen Kelley.  Electricity - Renewable Energy Portfolio Standard - Qualifying Biomass.

SB0066  Sen Elfreth, et al.  Department of Housing and Community Development - Office of Digital   Inclusion - Established (Digital Connectivity Act of 2021).

SB0067  Chr EHE (Dept).  Emergency Medical Services – Paramedics – Vaccination Administration.

SB0068  Sen Lam.  Maryland Department of Emergency Management - Establishment.

SB0069  Sens Hester and Simonaire.  Maryland Emergency Management Agency - Cybersecurity Coordination and Operations Office - Establishment.

SB0070  Sen Patterson.  Environment - Mold Inspections - Standards, Reporting, and Penalties.

SB0071  Sen Sydnor.  Police Officers - Testimony - Presumption of Inadmissibility (Maryland Police Accountability Act of 2021).

SB0072  Sen Kagan.  Open Meetings Act - Requirements for State Agencies and Local Boards of Elections (Maryland Transparency Act of 2021).

SB0073  Sen Young.  State Real Estate Commission - Property Managers - Registration.

SB0074  Sen Washington.  Police Officers – Mental Health – Employee Assistance Programs.

SB0075  Sen Hettleman.  Driver's Licenses - Older Licensees - In-Person Renewal.

SB0076  Sen Kramer.  Climate Crisis and Education Act.

SB0077  Sen Griffith.  Energy Efficiency - Net-Zero Homes - Contract Preferences.

SB0078  Sen Waldstreicher.  Public Safety - Law Enforcement and Emergency Medical Services Providers - Administration of Ketamine.

SB0079  Sen Kramer.  Electricity – Change of Address – Maintenance of Subscriptions and Contracts.

SB0080  Sen Kagan.  Economic Development - Maryland Technology Development Corporation - Alterations.

SB0081  Sen Ellis.  Southern Maryland Rapid Transit Project - Funding.

SB0082  Sen Augustine.  State Board of Professional Counselors and Therapists - Maryland Music Therapists Act.

SB0083  Sen Kramer.  Utility Regulation - Consideration of Climate and Labor.

SB0084  Sens Young and Waldstreicher.  Pharmacists – Administration of Self–Administered Medications and Maintenance Injectable Medications.

SB0085  Sen Rosapepe.  Creating Governor's Office of Immigrant Affairs.

SB0086  Chr FIN (Dept).  Correctional Education – Changes to Mandatory Education Requirements.

SB0087  Sen West.  General Provisions – State Song – Repeal and Competition.

SB0088  Sen Smith.  State and Local Government - Participation in Federal Immigration Enforcement.

SB0089  Sen Peters.  Municipalities - Vacancies in Elected Offices.

SB0090  Sen Feldman.  Electric Facilities - Study and Procedures.

SB0091  Sens Waldstreicher and McCray.  Criminal Law - Assault of a Public Transportation Operator - Penalties.

SB0092  Sen Eckardt.  Income Tax - Credits for Preceptors in Areas With Health Care Workforce Shortages - Eligibility and Sunset Repeal.

SB0093  Sen Griffith.  Business Occupations and Professions - Architects - Scope of Licensure.

SB0094  Sen Ellis.  Public Health – Local Health District Boards.

SB0095  Sen Kramer.  Public Utilities - Investor-Owned Utilities - Prevailing Wage.

SB0096  Sen McCray.  Public Health – Behavioral Health Programs and Health Care Facilities – Safety and Community Relations Plans.

SB0097  Sen Rosapepe.  Purple Line Marketing Act.

SB0098  Sen McCray.  County Boards and Public and Nonpublic Prekindergarten Programs and Schools - Discrimination - Prohibition.

SB0099  Sen Bailey.  Hate Crimes - Law Enforcement Officers and First Responders.

SB0100  Sen Kelley.  Task Force on Oral Health in Maryland.

SB0101  Sens Kagan and Reilly.  Criminal Law - Public Safety - Interference With Agencies and Services - Prohibitions.

SB0102  Sen Eckardt.  Income Tax - Credits for Preceptors in Areas With Health Care Workforce Shortages.

SB0103  Sen Kramer.  Business Regulation – Retail Pet Stores – Modifications (No More Puppy– and Kitten–Mills Act of 2021).

SB0104  Sen Bailey.  Public and Nonpublic Schools - Electric Retractable Room Partitions - Operation Requirements.

SB0105  Sen Sydnor.  Peace Orders - Workplace Violence.

SB0106  Chr FIN (Dept).  Licensing – Good Standing With the State Department of Assessments and Taxation – Requirement.

SB0107  Sen Hayes.  Labor and Employment - Secure Maryland Wage Act.

SB0108  Sen Hough, et al.  Criminal Law - Crime of Violence - Definition.

SB0109  Chr JPR (Dept).  Secretary of State - Address Confidentiality Programs - Merger of Programs and Expanded Participant Eligibility.

SB0110  Chr FIN (Dept).  Private Passenger Motor Vehicle Liability Insurance - Notices - Alteration of Requirements.

SB0111  Sen Kramer.  Health Care Facilities – Dialysis Treatment Services – Training (David Selby Dialysis Parity Act).

SB0112  Sen Lee.  Commercial Law - Personal Information Protection Act - Revisions.

SB0113  Sen Rosapepe.  Opportunity Zone Tax Deduction Reform Act of 2021.

SB0114  Sen McCray.  Criminal Procedure – Expungement of Conviction – Driving While Privilege Is Canceled, Suspended, Refused, or Revoked.

SB0115  Sen Patterson.  Baltimore City and Prince George's County - Diversionary and Reentry Program.

SB0116  Sens Kagan and West.  Department of the Environment – Office of Recycling – Recycling Market Development.

SB0117  Sen Sydnor.  Workgroup on Minority Homeownership, Neighborhood Revitalization, and Household Wealth Equity.

SB0118  Chr JPR (Dept).  Correctional Services - Warrant Apprehension Unit - Transfer.

SB0119  Sens Guzzone and Elfreth.  Clean Water Commerce Act of 2021.

SB0120  Chr FIN (Dept).  Insurance - Credit for Reinsurance Model Law - Revisions.

SB0121  Sens Patterson and Benson.  Zoning - Environmental Justice Considerations.

SB0122  Sen Kramer.  Crimes – Unattended Dogs in Extreme Weather Conditions.

SB0123  Sen Young.  Small Business Fairness Act.

SB0124  Sen Carter.  Courts and Judicial Proceedings - Court Fines - Payment.

SB0125  Chr EHE (Dept).  State Board of Chiropractic Examiners - Sunset Extension.

SB0126  Sens Hester and Zucker.  State Department of Education - Early Literacy and Dyslexia Practices - Guidance and Assistance.

SB0127  Sens Patterson and Augustine.  Institutions of Higher Education - Use of Criminal History in Admission - Modifications.

SB0128  Sen Kramer.  Hate Crimes - Civil Remedy.

SB0129  Sen Gallion.  Education – Harford County – Liability of School Bus Contractors.

SB0130  Sen Ellis.  Landlord and Tenant – Failure to Pay Rent – Fee Limit During Emergencies.

SB0131  Sen Patterson.  Labor and Employment - Apprenticeship and Training Council - Representation.

SB0132  Chr JPR (Dept).  Inspection of Public Records – Notaries Public – Disclosure of Home Address and Phone Number.

SB0133  Sen Rosapepe.  Local Tax Relief for Working Families Act of 2021.

SB0134  Sen Hettleman, et al.  Civil Actions - Child Sexual Abuse - Definition and Statute of Limitations.

SB0135  Sen Klausmeier.  Business Regulation – Battery–Charged Fence Security Systems – Regulation.

SB0136  Sen Carter.  Juvenile Law - Juvenile Interrogation Protection Act.

SB0137  Sen Zucker.  Maryland Transit Administration – Conversion to Zero–Emission Buses (Zero–Emission Bus Transition Act).

SB0138  Sen Hettleman.  Education - Baltimore County Public Library - Collective Bargaining.

SB0139  Sens Carozza and Beidle.  Interstate Occupational Therapy Licensure Compact.

SB0140  Sen Peters.  Vehicle Laws - Commercial Motor Carriers - Safety, Inspection, Performance, and Insurance Information (James Cohran's Law).

SB0141  Chr EHE (Dept).  State Board of Public Accountancy – Education Requirements – Obsolete References.

SB0142  Sen Ellis.  Legal Holiday - Maryland Emancipation Day - Establishment.

SB0143  Sens Waldstreicher and Carter.  Criminal Law - Marijuana - Possession and Possession With Intent to Distribute.

SB0144  Sen Guzzone.  Electric Vehicle Recharging Equipment for Multifamily Units Act.

SB0145  Sen Hough.  Family Law - Preventing or Interfering With Report of Suspected Sexual Abuse of a Child - Statute of Limitations.

SB0146  Chr B&T (Dept).  Department of Juvenile Services – Deputy Secretaries.

SB0147  Sen Feldman.  Task Force on Higher Education Students With Chronic Health Conditions.

SB0148  Sens West and Feldman.  Electric Generation – Transition From Fossil Fuels – Carbon Dioxide Emissions Rate and Transition Plan and Fund (Maryland Coal Community Transition Act of 2021).

SB0149  Sen Kelley.  Insurance - Application of Premium Tax - Continued Exclusion of Maryland Automobile Insurance Fund.

SB0150  Sen Sydnor.  Baltimore County - Board of Education - Election of Officers.

SB0151  Sen Patterson.  Constitutional Amendment - Environmental Rights.

SB0152  Chr FIN (Dept).  Maryland Strategic Energy Investment Fund – Use of Funds and Electric Vehicle Excise Tax Credits.

SB0153  Sen Eckardt.  Renewable Energy Portfolio Standard - Municipal Electric Utilities.

SB0154  Sen Hettleman, et al.  Landlord and Tenant - Eviction Action - Right to Counsel.

SB0155  Sen Washington.  Higher Education - Tuition Exemption for Foster Care Recipients and Homeless Youth - Alterations and Reports.

SB0156  Sen Kramer.  Public Safety - Law Enforcement - Veterinary Care of Retired Law Enforcement K-9s Act.

SB0157  Sen Ellis.  Procurement – Specialized Printing Services Contracts – Board of Public Works Approval.

SB0158  Sen Lee.  Election Law - Time Off for Employee Voting.

SB0159  Sen Waldstreicher.  Criminal Law - Humane Society and Animal Control Officers - Education and Training Requirements.

SB0160  Chr B&T (Dept).  Economic Development – Cybersecurity Investment Incentive Tax Credit Program – Expansion and Extension.

SB0161  Sen Eckardt.  Task Force to Study Access to Mental Health Care in Higher Education.

SB0162  Sen Hettleman.  Courts - Civil Actions - Strategic Lawsuits Against Public Participation.

SB0163  Sen Ellis.  Maryland Medical Assistance Program - Doulas.

SB0164  Sen Simonaire.  Veterans - Behavioral Health Services - Mental Health First Aid.

SB0165  Sens Bailey and Beidle.  Maryland Healthy Working Families Act - Applicability.

SB0166  Sen Sydnor, et al.  Criminal Procedure - Police Officers - Duty to Report Misconduct (Maryland Police Accountability Act).

SB0167  Sen West.  State Board of Social Work Examiners – Temporary License to Practice Social Work.

SB0168  Sen Eckardt.  Public Health - Maryland Suicide Fatality Review Committee.

SB0169  Sen Patterson.  Health Occupations - Podiatric Physicians.

SB0170  Chr FIN (Dept).  Transportation–Related Property and Copper or Aluminum Items – Duties, Prohibited Acts, and Enforcement.

SB0171  Sen Guzzone.  Income Tax - Theatrical Production Tax Credit.

SB0172  Sen Hayes, et al.  Maryland Health Equity Resource Act.

SB0173  Sens Elfreth and Hettleman.  Family Law - Emancipation of a Minor and Authorization to Marry.

SB0174  Chr B&T (Dept).  Property Tax Assessments – 5–Year Assessment Cycle.

SB0175  Sen Ellis.  Procurement - Performance and Payment Security - Requirements and Limitations.

SB0176  Sen Kramer.  Income Tax - Subtraction Modification - State Law Enforcement Officers.

SB0177  Sen Washington.  Business Regulation - Flavored Tobacco Products - Prohibition.

SB0178  Sen Carter.  Public Information Act - Personnel Records - Investigations of Law Enforcement Officers (Anton's Law).

SB0179  Sen Klausmeier.  Distracted Driving Monitoring Systems - Authorization.

SB0180  Sen Simonaire.  Funeral Establishments and Crematories – Unclaimed Cremains of Veterans – Notification, Disposition, and Reporting.

SB0181  Chr JPR (Dept).  Corporations and Associations - Trade Name Certificates - Requirements.

SB0182  Sen Ellis.  State Finance – General Obligation Debt – Application of Minority Business Participation Goals.

SB0183  Sens Young and Rosapepe.  Audiology and Speech-Language Pathology Interstate Compact.

SB0184  Sen McCray.  Maryland Transit Administration – Reduced Fare Program for Opioid Treatment Program Patients – Program Requirements.

SB0185  Sens Kagan and Reilly.  Financial Institutions - Security Questions and Measures.

SB0186  Chr B&T (Dept).  Economic Development – Job Creation Tax Credit – Credit for Hiring Veterans.

SB0187  Sen Sydnor.  Criminal Procedure – Forensic Genetic Genealogical DNA Analysis, Searching, Regulation, and Oversight.

SB0188  Sen Pinsky.  State Finance – Prohibited Appropriations – Magnetic Levitation Transportation System.

SB0189  Sen West.  Courts - Prohibited Indemnity and Defense Liability Agreements.

SB0190  Sen Hough.  Firearms – Right to Purchase, Possess, and Carry – Use of Medical Cannabis.

SB0191  Sen Patterson.  Labor and Employment - Hiring - Higher Education Requirements (Give Me a Chance Act).

SB0192  Sen West.  Cemeteries - Perpetual Care - Distribution From Perpetual Care Trust Fund.

SB0194  Sen Benson.  Correctional Services - Inmates - Labor, Job Training, and Educational Courses.

SB0195  Sens Elfreth and Beidle.  Environment – PFAS Chemicals – Prohibitions and Requirements.

SB0196  Chr B&T (Dept).  Economic Development – Research and Development Tax Credit – Alterations.

SB0197  Sen Ellis.  Procurement - Minority Business Participation Goals - Waiver.

SB0198  Sen Kramer.  Income Tax - Credit for Energy Efficiency Upgrades - Passive Houses.

SB0199  Sens McCray and Zucker.  Maryland Transit Administration - Funding (Transit Safety and Investment Act).

SB0200  Sen Young, et al.  Natural Resources - Organized Killing Contests - Restriction.

SB0201  Sens Patterson and Sydnor.  Criminal Procedure - Expungement of Records - Waiting Period.

SB0202  Sen Kelley, et al.  Correctional Services - Parole - Life Imprisonment.

SB0203  Sen Bailey.  Aquaculture Lease Applications - Notices, Protests, Meetings, and Conflict Resolution.

SB0204  Sen Beidle.  Health Care Facilities – Assisted Living Programs – Memory Care and Alzheimer’s Disease Unit Regulations.

SB0205  Sen Hettleman.  Alcoholic Beverages - Sale or Delivery for Off-Premises Consumption.

SB0206  Chr FIN (Dept).  State Collection Agency Licensing Board - Sunset Extension.

SB0207  Sen Ellis.  State Procurement - Minority Business Enterprise Participation Goals - Performance of Unit Employees.

SB0208  Sen Hough, et al.  Vehicle Laws – Manufacturers and Dealers – Prices Listed on Dealer Websites.

SB0209  Sen Peters.  Special Education - Prolonged School Closure - Extension of Education Services.

SB0210  Sen West, et al.  COVID-19 Claim - Civil Immunity.

SB0211  Sen Hayes.  Labor and Employment - Family and Medical Leave Insurance Program - Establishment (Time to Care Act of 2021).

SB0212  Chr JPR (Dept).  State Government - Notaries Public - Official Stamp of a Notary Public.

SB0213  Sens Ellis and Patterson.  State Highways – Designations – President Barack Obama Highway.

SB0214  Sen Salling.  Unemployment Insurance – Computation of Earned Rate of Contribution – Applicable Table of Rates.

SB0215  Sen Kelley.  Maryland Department of Health - Birth Registration - Gestational Carriers.

SB0216  Sen Lam (By Request).  Criminal Procedure - Committed Persons - Release Proceedings.

SB0217  Sen Sydnor.  Maryland Personal Information Protection Act – Revisions.

SB0218  Sen King.  Maryland Child Tax Credit.

SB0219  Chr FIN (Dept).  Financial Institutions – Commissioner of Financial Regulation – Money Transmissions.

SB0220  Sen Hettleman.  Criminal Law - Hate Crimes - Protected Groups and Penalties.

SB0221  Sen Bailey.  Handgun Qualification License - Firearms Safety Training.

SB0222  Chr JPR (Dept).  Juveniles Charged as Adults – Study and Confinement.

SB0223  Sen Augustine.  Plastic Bag Reduction Act.

SB0224  Sen West.  Election Law – Correctional Facilities – Voter Registration and Voting.

SB0225  Sens Young and Feldman.  Education - Public and Nonpublic Schools - Seizure Action Plans (Brynleigh's Act).

SB0226  Chr FIN (Dept).  Maryland Insurance Administration - Delivery of Notices and Other Communications by Electronic Means.

SB0227  Sen Elfreth, et al.  Water Pollution - Stormwater Management Regulations and Watershed Implementation Plans - Review and Update.

SB0228  Sen Hettleman.  Capital Projects - High Performance and Green Buildings - Alterations (Green Building Restoration Act).

SB0229  Sens Waldstreicher and Carter.  Public Safety – Pretrial Services Program Grant Fund – Extension and Program Requirements.

SB0230  Chr FIN (Dept).  Maryland Port Administration - Land Acquisition and Payment to Counties.

SB0231  Sen Hester.  Public Schools - Cyber Safety Guide and Training Course - Development, Implementation, and Reporting.

SB0232  Sen Waldstreicher.  Civil Cases - Surcharges.

SB0233  Sen Simonaire.  Election Law - Absentee Ballots - Envelope Prohibitions, Ballot Status Information, and Signature Verification.

SB0234  Sen Lam.  Personal Information - State and Local Agencies - Restrictions on Access.

SB0235  Chr FIN (Dept).  Major Information Technology Development Project Fund – Use of Funds.

SB0236  Sen Hettleman.  Maryland Commission on Civil Rights - Employment Discrimination - Reporting.

SB0237  Sen West.  Public Safety - Law Enforcement Reform.

SB0238  Sen Kramer.  Consumer Protection - Banking Institutions - Unauthorized Debit       Transactions (Consumer Bank Deposits Protection Act).

SB0239  Sen Bailey.  St. Mary's County - Public and Nonpublic Schools - Prohibition on Possession of Tobacco Products by Minors.

SB0240  Chr B&T (Dept).  Maryland Information Technology Development Project Fund – Sources of Revenue.

SB0241  Sen Peters.  Income Tax Checkoff - Maryland Veterans Trust Fund.

SB0242  Sen Young.  Transportation - I-270 Commuter Bus Route Study.

SB0243  Sen Simonaire.  Public High Schools - Health Education - Gambling Dangers and Addiction.

SB0244  Sen Lam.  Maryland Funding Accountability and Transparency Act - Nonbudgeted State Agencies.

SB0245  Sen Ellis.  Public Schools - School Resource Officers - Requirements and Prohibitions.

SB0246  Sen Hester, et al.  Income Tax - Angel Investor Tax Credit Program.

SB0247  Chr EHE (Dept).  State Board of Podiatric Medical Examiners - Sunset Extension.

SB0248  Sen Jennings.  Harford County - Alcoholic Beverages - Class D Beer and Wine License.

SB0249  Sen Bailey.  Higher Education - Senatorial Scholarships - Program Accreditation.

SB0250  Sens Lee and Waldstreicher.  Criminal Law – Sexual Crimes – Repeal of Spousal Defense (Love Is No Defense to Sexual Crimes).

SB0251  Chr FIN (Dept).  Commissioner of Financial Regulation - Licensing of Nondepository Institutions - Elimination of Paper License Requirements.

SB0252  Sen Ellis.  Maryland Small Business Development Financing Authority - Minority Business Enterprise Procurement Contract Financing Program.

SB0253  Sen Elfreth.  Vehicle Laws - School Bus Safety - Occupant Capacity.

SB0254  Sen McCray.  Public Safety - Maryland Swimming Pool and Spa Standards - Adoption.

SB0255  Sen Hershey.  Commercial Law – Maryland Credit Services Business Act – Revisions.

SB0256  Chr FIN (Dept).  Arts and Entertainment Districts – Artistic Work and Arts and Entertainment Enterprise – Definitions.

SB0257  Sen Guzzone.  Sales and Use Tax – Vendor Collection Credit – Job Training.

SB0258  Sen Patterson, et al.  Property Tax Exemption - Disabled Veterans.

SB0259  Chr B&T (Dept).  Department of Transportation - Grant Anticipation Revenue Vehicle Bonds - Calculation of Debt Limit.

SB0260  Sen Ellis.  Public Safety - Police Officers' Performance Review Board.

SB0261  Sen Simonaire.  Anne Arundel County - Property Tax Credit for Business Entities - State of Emergency.

SB0262  Sen Eckardt.  Department of Information Technology - Study of a Common Information Technology Platform for Health Occupations Boards.

SB0263  Sens West and Waldstreicher.  Corporations and Real Estate Investment Trusts - Miscellaneous.

SB0264  Chr JPR (Dept).  Criminal Procedure – Lifetime Sexual Offender Supervision – Conditions, Violations, and Petitions for Discharge.

SB0265  Sen Waldstreicher.  Estates and Trusts - Maryland Revised Uniform Anatomical Gift Act - Revisions.

SB0266  Sens Patterson and Benson.  Education - Voluntary Ethical Special Education Advocate Certificate Program.

SB0267  Chr JPR (Dept).  Family Law – Investigation of Suspected Child Abuse and Neglect – Preliminary Report to State’s Attorney.

SB0268  Sens Bailey and West.  Criminal Law - Crime of Violence - Definition.

SB0269  Sen Ellis.  Property Tax Exemption - Disabled Active Duty Service Members, Disabled Veterans, and Surviving Spouses - Refund.

SB0270  Sens Waldstreicher and Augustine.  Crimes - Indecent Exposure - Definition.

SB0271  Sen Lam.  Election Law – Voting Systems – Accessibility for Voters With Disabilities.

SB0272  Chr FIN (Dept).  Insurance - Claim Payment - Clarification.

SB0273  Sen Kramer.  Electronic Smoking Device Regulation Act of 2021.

SB0274  Sen Kramer.  State Finance and Procurement - Chesapeake Bay Watershed States - Expenses and Contracts (Quit Polluting My Bay Act of 2021).

SB0275  Sens Hester and Hayes.  Maryland Department of Health – Residential Service Agencies – Training Requirements.

SB0276  Sen Carter.  Johns Hopkins University - Police Department - Repeal.

SB0277  Sens Bailey and Guzzone.  Property Tax Credit - Public Safety Officer - Definition and Limitation on Credit Amount.

SB0278  Sen Kagan.  State Department of Education and Maryland Department of Health - Maryland School-Based Health Center Standards - Telehealth.

SB0279  Sens Hettleman and Feldman.  Public Health – Overdose and Infectious Disease Prevention Services Program.

SB0280  Sen Feldman.  Washington Metropolitan Area Transit Authority – Metro Transit Police – Quotas and Police Complaints Board.

SB0281  Chr FIN (Dept).  Office of the Commissioner of Financial Regulation - Sunset Extension.

SB0282  Sen Lam.  Public Health - Prohibition on Testing Cosmetics on Animals.

SB0283  Sen Elfreth.  Student and Military Voter Empowerment Act.

SB0284  Sen Simonaire.  Maryland Veterans Service Animal Program - Definitions.

SB0285  Sen Patterson.  Minority Participation in the Alcoholic Beverages Industry - Study.

SB0286  Sen Augustine.  Behavioral Health Crisis Response Services – Modifications.

SB0287  Sen Hayes.  Income Tax - Subtraction Modification for Centenarians.

SB0288  Sen Pinsky.  Income Tax - Carried Interest - Additional Tax.

SB0289  Sen Reilly.  Anne Arundel County – Marriage License Applications and Ceremonies.

SB0290  Sen Benson.  Health Insurance - Out-of-Pocket Maximums and Cost-Sharing Requirements - Calculation.

SB0291  Chr JPR (Dept).  Motor Vehicle Offenses – Following Too Closely – Unified Truck Travel.

SB0292  Sen Beidle.  Civil Actions - Tortious Injury to or Death of Pet - Compensatory Damages (Buddy's Law).

SB0293  Sen Waldstreicher.  Vehicle Laws - Injury or Death of Vulnerable Individual - Penalties.

SB0294  Sen Gallion, et al.  Cecil County - Sales and Use Tax Exemption - Federal Facilities Redevelopment Areas.

SB0295  Sen Kramer.  Circuit Court Judges - Election.

SB0296  Sen Simonaire.  Election Law – Campaign Finance – Protection of Contributor Information.

SB0297  Sen Benson.  Vehicle Laws - Speed Restrictions - Expressways and Interstate Highways.

SB0298  Sen Reilly.  State Board of Pharmacy – Pharmacy Closure – Notice to Customers (The Dennis Robin Act).

SB0299  Sen Carter.  Human Services - Trauma-Informed Care - Commission and Training.

SB0300  Sen Peters.  Special Education – Learning Continuity Plan – Requirement.

SB0301  Sen Sydnor.  Corporations – Board Members and Executive Officers Diversity – Procurement Preference and Reporting.

SB0303  Sen Patterson, et al.  General Provisions – Commemorative Days – Tuskegee Airmen Commemoration Day.

SB0304  Sen Pinsky.  Maryland Recycling Act - Recyclable Materials and Resource Recovery Facilities - Alterations.

SB0305  Sen Eckardt.  Legal Advertisement or Legal Notice – Publication in Newspaper or Newspaper in General Circulation – Online Newspapers.

SB0306  Chr B&T (Dept).  Enterprise Zones - Reimbursements to Local Governments - Request Deadline and Recovery of Overpayment.

SB0307  Sen Guzzone.  Labor and Employment - Direct Care Workforce Innovation Program.

SB0308  Sen Ellis.  Higher Education - Maryland Community College Promise Scholarship - Revisions.

SB0309  Sen Hough, et al.  Handgun Permit – Preliminary Approval.

SB0310  Chr EHE (Dept).  Election Law – Campaign Finance Entities – Termination.

SB0311  Sen Hettleman.  Catastrophic Health Emergencies - Health Care Providers - Definition and Immunity (Maryland Health Care Heroes Protection Act).

SB0312  Sen Eckardt.  Motor Vehicle Registration - Exception for Golf Carts - Hoopers Island and Taylors Island.

SB0313  Sen Washington.  Maryland Department of Health - Public Health Outreach Programs - Cognitive Impairment, Alzheimer's Disease, and Other Types of Dementia.

SB0314  Sen McCray.  Board of Revenue Estimates and Bureau of Revenue Estimates - Organization and Operations.

SB0315  Sen Young.  Vehicle Laws - Plug-In Electric Drive Vehicles - Reserved Parking Spaces.

SB0316  Sen Klausmeier, et al.  Renewable Energy Portfolio Standard - Hydroelectric Power.

SB0317  Sen Hettleman.  Office of the Attorney General - Right to Counsel in Immigration Proceedings Coordinator.

SB0318  Sens Bailey and Simonaire.  Natural Resources - Fishing and Hunting Rights.

SB0319  Sens Hester and Elfreth.  Clean Energy Loan Program - Remediation and Resiliency.

SB0320  Chr JPR (Dept).  Foreign Corporations - Resident Agents - State Department of Assessments and Taxation.

SB0321  Sen Reilly.  Anne Arundel County – Operation of Vessels in Controlled Water Ski Area in Maynadier Creek – Sunset Repeal.

SB0322  Sen Benson.  Health – Health and Wellness Standards – Correctional Facilities and Health Care Facilities.

SB0323  Sen Elfreth.  Maryland Arts Capital Grant Program.

SB0324  Sens Elfreth and Bailey.  Environment and Natural Resources – Complaints, Inspections, and Enforcement – Information Maintenance and Reporting.

SB0325  Chr B&T (Dept).  Tax Sales – Redemption – Nondelinquent Taxes.

SB0326  Sen Hayes.  Baltimore City Community College - Procurement Authority.

SB0327  Sen Waldstreicher.  Civil Actions - Financial Exploitation of Vulnerable Adults (Maryland SAFE Act).

SB0328  Sen Reilly.  Anne Arundel County - Landlord and Tenant - Procedures for Repossession for Failure to Pay Rent.

SB0329  Sen Benson.  Income Tax – Credit for the Purchase and Installation of Indoor Air Quality Equipment.

SB0330  Sen West.  State-Funded Construction and Major Renovation Projects - Solar Panels - Requirement.

SB0331  Sen Lee.  Adoption - Access to Birth and Adoption Records and Search, Contact, and Reunion Services.

SB0332  Sen McCray.  Campaign Finance - For-Profit Substance Abuse and Mental Health Treatment Providers - Disclosure of Contributions.

SB0333  Sens Bailey and Ready.  Criminal Procedure - Sexual Offenders - Lifetime Supervision.

SB0334  Sen Carter.  Water Pollution Control - Intervention in Civil Actions - Rights and Authority.

SB0335  Sen Sydnor.  Courts – Nongovernmental Corporate Parties – Disclosure Statements.

SB0336  Sen Hayes.  State and Local Procurement - Payment Practices.

SB0337  Sen Kramer.  Vehicle Laws - Reckless Driving - Excessive Speeding.

SB0338  Sen Simonaire.  Local Government – Animal Control Facilities – Adoption Fee Waiver for Veterans (Pets for Vets Act of 2021).

SB0339  The Pres (Dept).  Department of Commerce - Sister-State Relationships - Maintenance and Development.

SB0340  Sen Gallion.  Election Law - Offenses Related to Voting - Penalties.

SB0341  Chr EHE (Dept).  General Provisions - State Song - Repeal.

SB0342  Chr EHE (Dept).  Maryland Military Department – Sale of Superfluous Armories.

SB0343  Chr EHE (Dept).  Natural Resources - Shrimp Fishery - Licensing and Regulation.

SB0344  Chr EHE (Dept).  Agriculture - Cost-Sharing Program - State Cost-Sharing Funds.

SB0345  Chr EHE (Dept).  State Government - Information Technology - Review of Projects and Proposals.

SB0346  Chr EHE (Dept).  Department of Natural Resources - Public Notices and Hearings.

SB0347  Chr EHE (Dept).  Environment - Public Hearing and Notification Modernization Act.

SB0348  Chr EHE (Dept).  State Government – Information Technology – Cybersecurity.

SB0349  Chr EHE (Dept).  Environment – Drinking Water Revolving Loan Fund – Use of Funds.

SB0350  Chr EHE (Dept).  Natural Resources - Aquaculture - Leases.

SB0351  Chr EHE (Dept).  State Government – Protection of Information – Revisions (Maryland Data Privacy Act).

SB0352  Chr EHE (Dept).  Agriculture – Multiflora Rose Management – Repeal.

SB0353  Chr EHE (Dept).  Veterans – Benefits and Benefits Appeals Services – Disclosure Requirements.

SB0355  Sens Carozza and Lee.  Family Law – Custody Evaluators – Qualifications and Training.

SB0356  Sen Bailey.  Calvert County - Sunday Hunting.

[21-03-20]

 

 

The Judiciary

COURT OF APPEALS OF MARYLAND

DISCIPLINARY PROCEEDINGS

     This is to certify that by an Opinion & Order of the Court of Appeals dated December 23, 2020, MARY THERESA KEATING (CPF # 850601017), 728 Deepdene Road, Baltimore, Maryland 21210, has been indefinitely suspended, effective immediately, from the further practice of law in the State, and her name as an attorney at law has been stricken from the register of attorneys in this Court (Maryland Rule 19-761).

*   *   *   *   *   *   *   *   *   *

     This is to certify that by an Opinion & Order of the Court of Appeals dated November 25, 2020, JOHN T. RIELY (CPF # 8501010513), 15752 Crabbs Branch Way, 2nd Floor, Rockville, Maryland 20855, has been indefinitely suspended, effective December 28, 2020, from the further practice of law in the State, and his name as an attorney at law has been stricken from the register of attorneys in this Court (Maryland Rule 19-761).

*   *   *   *   *   *   *   *   *   *

     This is to certify that by an Order of the Court of Appeals dated November 12, 2020, TIMOTHY GUY SMITH (CPF # 0606130232),    2840 Routh 7, Glenwood, Maryland 21738, has been indefinitely suspended by consent, effective December 31, 2020, from the further practice of law in the State, and his name as an attorney at law has been stricken from the register of attorneys in this Court (Maryland Rule 19-761).

*   *   *   *   *   *   *   *   *   *

     This is to certify that by an Order of the Court of Appeals dated November 4, 2020, TIMOTHY J. MURPHY (CPF # 9512130251), P.O. Box 543, La Plata, Maryland 20646, has been disbarred by consent, effective January 1, 2021, from the further practice of law in the State, and his name as an attorney at law has been stricken from the register of attorneys in this Court (Maryland Rule 19-761).

*   *   *   *   *   *   *   *   *   *

     This is to certify that by an Order of the Court of Appeals dated January 4, 2021, DAVID FERNANDO MORENO (CPF # 1012150279), 2108 Boston Street, Apt. 302, Baltimore, Maryland 21231, has been suspended for (60) days sixty day by consent, effective immediately, from the further practice of law in the State, and his name as an attorney at law has been stricken from the register of attorneys in this Court (Maryland Rule 19-761).

[21-03-13]

 

 

Emergency Action on Regulations

Symbol Key

   Roman type indicates text existing before emergency status was granted.

   Italic type indicates new text.

   [Single brackets] indicate deleted text.

 

Emergency Regulations

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

 

Title 09
MARYLAND DEPARTMENT OF LABOR

Subtitle 03 COMMISSIONER OF FINANCIAL REGULATION

09.03.02 General Regulations

Authority: Business Regulation Article, §2-105; Financial Institutions Article, §§2-105.1, 11-203, [and] 11-503, 12-104, and 12-403; Annotated Code of Maryland

Notice of Emergency Action

[21-009-E]

The Joint Committee on Administrative, Executive, and Legislative Review has granted emergency status to new Regulation .08 under COMAR 09.03.02 General Regulations.

Emergency status began: January 5, 2021.

Emergency status expires: May 3, 2021.

 

     Editor’s Note:  The text of this document will not be printed here because it appears as a Notice of Proposed Action on pages 97—99 of this issue, referenced as [21-009-P].

ANTONIO P. SALAZAR
Commissioner of Financial Regulation

 

 

Final Action on Regulations

 

Symbol Key

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

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

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

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

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

 

 

Title 08
DEPARTMENT OF NATURAL RESOURCES

Subtitle 02 FISHERIES SERVICE

08.02.01 General

Authority: Natural Resources Article, §4-1006.1, Annotated Code of Maryland

Notice of Final Action

[20-197-F]

On January 19, 2021, the Secretary of Natural Resources adopted amendments to Regulation .12 under COMAR 08.02.01 General. This action, which was proposed for adoption in 47:25 Md. R. 1068—1071 (December 4, 2020), has been adopted as proposed.

Effective Date: February 8, 2021.

JEANNIE HADDAWAY-RICCIO
Secretary of Natural Resources

 

Subtitle 02 FISHERIES SERVICE

08.02.15 Striped Bass

Authority: Natural Resources Article, §4-215, Annotated Code of Maryland

Notice of Final Action

[20-194-F]

On January 19, 2021, the Secretary of Natural Resources adopted amendments to Regulation .04 under COMAR 08.02.15 Striped Bass. This action, which was proposed for adoption in 47:25 Md. R. 1071—1072 (December 4, 2020), has been adopted as proposed.

Effective Date: February 8, 2021.

JEANNIE HADDAWAY-RICCIO
Secretary of Natural Resources

 

Subtitle 02 FISHERIES SERVICE

08.02.15 Striped Bass

Authority: Natural Resources Article, §4-215, Annotated Code of Maryland

Notice of Final Action

[20-191-F]

On January 19, 2021, the Secretary of Natural Resources adopted amendments to Regulation .07 under COMAR 08.02.15 Striped Bass. This action, which was proposed for adoption in 47:25 Md. R. 1072—1074 (December 4, 2020), has been adopted as proposed.

Effective Date: February 8, 2021.

JEANNIE HADDAWAY-RICCIO
Secretary of Natural Resources

Subtitle 02 FISHERIES SERVICE

08.02.25 Gear

Authority: Natural Resources Article, §§4-215 and 4-221, Annotated Code of Maryland

Notice of Final Action

[20-195-F]

On January 19, 2021, the Secretary of Natural Resources adopted amendments to Regulation .03 under COMAR 08.02.25 Gear. This action, which was proposed for adoption in 47:25 Md. R. 1074—1075 (December 4, 2020), has been adopted as proposed.

Effective Date: February 8, 2021.

JEANNIE HADDAWAY-RICCIO
Secretary of Natural Resources

 

Subtitle 03 WILDLIFE

08.03.08 Threatened and Endangered Species

Authority: Natural Resources Article, §§4-2A-01 — 4-2A-09 and 10-2A-01 — 10-2A-09, Annotated Code of Maryland

Notice of Final Action

[20-172-F]

On January 19, 2021, the Secretary of Natural Resources adopted amendments to Regulations .01 and .04—.09 under COMAR 08.03.08 Threatened and Endangered Species. This action, which was proposed for adoption in 47:23 Md. R. 980—983 (November 6, 2020), has been adopted as proposed.

Effective Date: February 8, 2021.

JEANNIE HADDAWAY-RICCIO
Secretary of Natural Resources

 

Title 10
MARYLAND DEPARTMENT OF HEALTH

Subtitle 37 HEALTH SERVICES COST REVIEW COMMISSION

10.37.01 Uniform Accounting and Reporting System for Hospitals and Related Institutions

Authority: Health-General Article, §§19-207 and 19-215, Annotated Code of Maryland

Notice of Final Action

[20-168-F-I]

On January 13, 2021, the Health Services Cost Review Commission adopted amendments to Regulation .02 under COMAR 10.37.01 Uniform Accounting and Reporting System for Hospitals and Related Institutions. This action, which was proposed for adoption in 47:22 Md. R. 941 (October 23, 2020), has been adopted as proposed.

Effective Date: February 8, 2021.

ADAM KANE
Chair

 

Title 22
STATE RETIREMENT AND PENSION SYSTEM

Subtitle 02 OPTION AND ANNUITY TABLES

22.02.01 Option Factors and Annuity Values

Authority: State Personnel and Pensions Article, §§20-202, 21-108, 21-110, 21-125, and 21-402, Annotated Code of Maryland

Notice of Final Action

[20-188-F]

On January 19, 2021, the Board of Trustees for the State Retirement and Pension System adopted amendments to Regulations .01, .03, and .05, the repeal of existing Regulation .04, and new Regulation .04 under COMAR 22.02.01 Option Factors and Annuity Values. This action, which was proposed for adoption in 47:24 Md. R. 1050—1052 (November 20, 2020), has been adopted as proposed.

Effective Date: February 8, 2021.

R. DEAN KENDERDINE
Executive Director

 

Title 28
OFFICE OF ADMINISTRATIVE HEARINGS

Subtitle 02 RULES OF PROCEDURE

28.02.01 Rules of Procedure

Authority: State Government Article, §§9-1604, 9-1607, 10-205, 10-206,
10-210, 10-212.1, 10-216, 10-217, and 10-220, Annotated Code of Maryland

Notice of Final Action

[20-196-F]

On January 19, 2021, the Office of Administrative Hearings adopted amendments to Regulations .02—.05, .10, .11, .13, .14, .16, .18—.21, and .23 under COMAR 28.02.01 Rules of Procedure. This action, which was proposed for adoption in 47:25 Md. R. 1081—1083 (December 4, 2020), has been adopted as proposed.

Effective Date: February 8, 2021.

CHUNG K. PAK
Chief Administrative Law Judge

 

Title 33
STATE BOARD OF ELECTIONS

Subtitle 17 EARLY VOTING

33.17.06 Early Voting Activities

Authority: Election Law Article, §§2-102(b)(4), 2-202(b), 9-406, and
10-301.1, Annotated Code of Maryland

Notice of Final Action

[20-187-F]

On January 12, 2021, the State Board of Elections adopted amendments to Regulation .05 under COMAR 33.17.06 Early Voting Activities. This action, which was proposed for adoption in 47:24 Md. R. 1054 (November 20, 2020), has been adopted as proposed.

Effective Date: February 8, 2021.

LINDA H. LAMONE
State Administrator of Elections

 

 

Proposed Action on Regulations

 


Title 04
DEPARTMENT OF GENERAL SERVICES

Notice of Proposed Action

[21-034-P]

The Secretary of General Services proposes to amend:

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

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

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

Statement of Purpose

The purpose of this action is to:

          (1) Under COMAR 04.04 clarify requirements for the issuance of security cards and the responsibilities of holders of security cards; and

          (2) Under COMAR 04.05:

              (a) Clarify the approval process for demonstrations and rallies at Legislative Branch Buildings and Grounds in Annapolis and any other General Services property;

              (b) Clarify how to apply for a demonstration or rally;

              (c) Prohibit the attachment or illumination of specified items to any State real property without approval;

              (d) Prohibit the use of unmanned aircraft systems on any State real property without approval; and

              (e) Prohibit the focusing, pointing, or shining of laser beams onto State buildings, persons, or animals.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

 

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Ellen Robertson, Legislative Liaison, Department of General Services, 29 St. Johns Street Annapolis, MD 21401, or call 410-260-2908, or email to ellen.robertson@maryland.gov. Comments will be accepted through March 1, 2021. A public hearing has not been scheduled.

 

Subtitle 04 SECURITY OF STATE REAL PROPERTY

04.04.02 Security Cards

Authority: Criminal Law Article, §9-704; Labor and Employment Article, §3-503(4); State Finance and Procurement Article, §§4-604[,] and 4-607(a); Annotated Code of Maryland

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) (text unchanged)

(2) [“DGSP”] “Maryland Capitol Police (MCP)” means the Department of General Services Police.

(3)—(8) (text unchanged)

.03 Issuance of Security Cards.

A.—B. (text unchanged).

C. Any duties assigned by this chapter to the Secretary may be delegated by the Secretary to the [DGSP] MCP.

D. All prox privileges associated with a security card shall be subject to criteria established by [DGSP] MCP as approved by the Secretary.

E. The Secretary may authorize and the [DGSP] MCP shall conduct a security clearance investigation prior to issuance of a security card to an individual other than a State employee.

.04 Surrender of Security Cards.

A. (text unchanged)

B. A security card issued to a State employee shall be surrendered upon:

(1)—(3) (text unchanged)

(4) Demand by the [DGSP] MCP.

C. Surrender Procedures.

(1) Upon separation from State employment or upon a demand under this regulation, a State employee shall surrender the employee’s security card to the personnel division of the employee’s unit or [DGSP] MCP as the case may be.

(2) Upon the employee’s surrender of the security card, the personnel division of the unit or [DGSP] MCP shall issue a receipt to the employee.

(3) The personnel division shall return the surrendered security card to the [DGSP] MCP within 10 days after the employee’s surrender of the card.

(4) Upon notification by the employee’s personnel division, any prox privileges associated with the surrendered security card shall be cancelled by [DGSP] MCP.

D. (text unchanged)

E. A security card issued to an individual other than a State employee shall be surrendered to the [DGSP] MCP upon demand by the:

(1) (text unchanged)

(2) [DGSP] MCP.

F. (text unchanged)

.05 Notification to the Department of Employee Separation from the Service.

The personnel division of the employee’s unit shall notify the [DGSP] MCP within 30 days upon the separation of service of any employee with security card privileges and shall provide the name of the affected employee.

.06 Responsibilities of Holders of Security Cards.

A. (text unchanged)

B. A holder of a security card shall:

(1) Notify the [DGSP] MCP in writing within 30 days of any changes to the information entered into the security card application;

(2) Immediately report a lost or stolen security card to the employee’s supervisor, if a State employee, and the [DGSP] MCP; and

(3) When on State real property:

(a) (text unchanged)

(b) Produce the security card upon demand by a member of [DGSP] MCP, a police officer, or [an] authorized security personnel.

C. (text unchanged)

 

Subtitle 05 BUILDINGS AND GROUNDS

04.05.01 General Regulations

Authority: ; Criminal Law Article, §§4-208 and 6-409; State Finance and Procurement Article, §§4-604(6) and (7)[,] and 4-607(a) and (c); State Government Article, §2-1702; Annotated Code of Maryland

.08 Demonstrations and Rallies.

A. (text unchanged)

B. The [Superintendent of Baltimore Public Buildings and Grounds, respective managers of the multiservice centers, or the on-site manager of any other Department of General Services property,] Secretary or the Chief of the Maryland Capitol Police shall predesignate certain outdoor or indoor areas of the property, traditionally considered public forums, as sites for proposed demonstrations and rallies.

C. An applicant for a demonstration or rally can request any other area on the property and the [superintendent or manager] Secretary or the Chief of the Maryland Capitol Police shall make every effort to accommodate the request, consistent with safety, security, and traffic concerns, and the least disturbance to employees in the performance of their duties, and not preventing the general public from obtaining the government services that are provided on the property.

D. Individuals or groups wishing to hold demonstrations or rallies should apply in writing at least 2 days in advance to the [superintendent or manager] Secretary or the Chief of the Maryland Capitol Police for a permit, unless extraordinary circumstances prevent the applications.

E. Permits are issued at no cost to the applicant on a first-come, first-served basis. The [superintendent or manager] Secretary or the Chief of the Maryland Capitol Police may not refuse to issue a permit based on the:

(1)—(3) (text unchanged)

F. The [superintendent or manager] Secretary or the Chief of the Maryland Capitol Police shall have discretion only as to matters of scheduling, safety, security, and traffic.

G. The applicant [should] shall designate, by name, at least one individual to be present at the demonstration who will wear an armband or other identifying insignia and be responsible for advising the demonstrators on compliance with applicable laws and regulations.

H.—I. (text unchanged)

J. An individual may not physically attach or illuminate any banner, sign, or message to any State real property without prior written approval from the Secretary or the Secretary’s designee.

K. Except for federal, State, and local government entities or law enforcement services agencies, an individual may not launch, land, or retrieve an unmanned aircraft system (UAS) on any State real property without prior written approval from the Secretary or the Secretary’s designee.

L. No person shall intentionally focus, point, or shine any laser beam or high intensity light directly or indirectly onto the eye or eyes of another person or animal, on another person or animal, or onto any State building window in such a manner as would reasonably be expected to annoy, harass, or alarm the person or animal.

 

04.05.02 Legislative Branch Buildings and Grounds in Annapolis

Authority: United States Constitution, Amendments 1 and 14; Maryland Constitution, Declaration of Rights, Article 13; Criminal Law Article, §§4-208 and 6-409; State Finance and Procurement Article, §§4-604(6) and (7) and 4-607(a) and (c); State Government Article, §2-1702; Annotated Code of Maryland

.02 Demonstrations and Rallies.

A.—B. (text unchanged)

C. In case of preemption or conflicting scheduling of Lawyers’ Mall, demonstrations may be conducted in other nearby outdoor areas if agreeable with the applicant for the demonstration permit and the [Superintendent of Annapolis Public Buildings and Grounds] Secretary or the Chief of the Maryland Capitol Police.

D.—E. (text unchanged)

F. Permits shall be issued at no cost to the applicant on a first-come, first-served basis. The [superintendent or manager] Secretary or the Chief of the Maryland Capitol Police may not refuse to issue a permit based on the:

(1)—(3). (text unchanged)

G.—I. (text unchanged)

J. The [Superintendent of Annapolis Public Buildings and Grounds] Secretary or the Chief of the Maryland Capitol Police shall have discretion only as to matters of scheduling, safety, security, and traffic.

K.—N. (text unchanged)

ELLINGTON E. CHURCHILL, JR.
Secretary of General Services

 

Title 09
MARYLAND DEPARTMENT OF LABOR

Subtitle 03 COMMISSIONER OF FINANCIAL REGULATION

09.03.02 General Regulations

Authority: Business Regulation Article, §2-105; Financial Institutions Article, §§2-105.1, 11-203, [and] 11-503, 12-104, and 12-403; Annotated Code of Maryland

Notice of Proposed Action

[21-009-P]

The Commissioner of Financial Regulation proposes to adopt new Regulation .08 under COMAR 09.03.02 General Regulations.

Statement of Purpose

The purpose of this action is to provide industry stakeholders with flexibility regarding remote work for their employees, while maintaining appropriate consumer protections and standards.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Joseph Cunningham, Director of Legislative Response and Special Projects, Department of Labor, 500 N. Calvert Street, Baltimore, MD 21202, or call 410-230-6094, or email to josephd.cunningham@maryland.gov, or fax to 410-333-0475. Comments will be accepted through March 1, 2021. A public hearing has not been scheduled.

.08 Remote Work for Employees of Licensees.

A. Scope.

(1) This regulation governs the conduct of any employee operating from a location other than that which appears on the employer’s license or licenses.

(2) Notwithstanding §A(1) of this regulation, this regulation does not apply to the conduct of an employee if:

(a) The employer is licensed under Financial Institutions Article, Title 11, Subtitle 5, Annotated Code of Maryland;

(b) The employee is licensed under Financial Institutions Article, Title 11, Subtitle 6, Annotated Code of Maryland; and

(c) The employee is taking a loan application or offering or negotiating the terms of a loan in compliance with COMAR 09.03.09.07.

(3) Nothing contained in this regulation shall be deemed to prohibit an employee of a licensee from conducting any business for which a license is required at a location other than the locations set forth on the employer’s license or licenses if applicable law or regulation does not limit that conduct to the location shown on the license.

(4) A licensee may not use this regulation to evade the requirements of any applicable law or regulation.

B. Definitions.

(1) Terms Defined.

(2) In this regulation, the following terms have the meanings indicated.

(a) “Affiliatemeans a person that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with another person.

(b) “Authorized delegate” has the meaning stated in Financial Institutions Article, §12-401, Annotated Code of Maryland.

(c) “Board” has the meaning stated in Business Regulation Article, §7-101, Annotated Code of Maryland.

(d) “Breach of the security of a system” has the meaning stated in Commercial Law Article, §14-3504, Annotated Code of Maryland.

(e) “Consumer” means an individual who resides in Maryland.

(f) “Employee” means an employee of a licensee who is not an independent contractor or an authorized delegate.

(g) “Independent contractor” has the meaning stated in Financial Institutions Article, §11-601, Annotated Code of Maryland.

(h) “License” means any of the following:

(a) A license issued by the Board under Business Regulation Article, Title 7, Annotated Code of Maryland, to do business as a collection agency;

(b) A license issued by the Commissioner under Commercial Law Article, Title 14, Subtitle 19, Annotated Code of Maryland, to engage in the business of a credit services business;

(c) A license issued by the Commissioner under Financial Institutions Article, Title 11, Subtitle 2, Annotated Code of Maryland, to make loans under the Maryland Consumer Loan Law;

(d) A license issued by the Commissioner under Financial Institutions Article, Title 11, Subtitle 3, Annotated Code of Maryland, to make installment loans;

(e) A license issued by the Commissioner under Financial Institutions Article, Title 11, Subtitle 4, Annotated Code of Maryland, to engage in business as a sales finance company;

(f) A license issued by the Commissioner under Financial Institutions Article, Title 11, Subtitle 5, Annotated Code of Maryland, to engage in business as a mortgage lender;

(g) A license issued by the Commissioner under Financial Institutions Article, Title 12, Subtitle 1, Annotated Code of Maryland, to provide check cashing services;

(h) A license issued by the Commissioner under Financial Institutions Article, Title 12, Subtitle 4, Annotated Code of Maryland, to engage in the business of money transmission; or

(i) A license issued by the Commissioner under Financial Institutions Article, Title 12, Subtitle 9, Annotated Code of Maryland, to provide debt management services.

(i) “Licensee” means a person issued a license or licenses for the purpose of conducting the business for which the license or licenses are issued.

(j) “Personal information” has the meaning stated in Commercial Law Article, §14-3501, Annotated Code of Maryland.

(k) “Records” has the meaning stated in Commercial Law Article, §14-3501, Annotated Code of Maryland.

(l) “Security program” means a written program created by or on behalf of a licensee for the purpose of allowing the licensee’s employees to safely and securely access the licensee’s information technology systems, other systems, and data from a location authorized by this section.

C. Certain Remote Work Permitted. An employee of a licensee may work remotely and is not considered conducting business for which a license is required at a location other than the address that appears on the license or licenses of that licensee if the conditions set forth in this regulation are met.

D. Locations. The location from which the employee is working:

(1) May not be owned or leased by the licensee or an affiliate of a licensee, or for the benefit of the licensee or an affiliate of the licensee;

(2) May not be a location that offers temporary office space unless the employee is using the location on a temporary basis due to the unavailability of the employee’s regular work location;

(3) May not be held out to the public by use of signage, advertisement, or other means, as a location at which the licensee conducts business for which a license is required;

(4) May not provide work space, telephone service, or internet service maintained in the name of the licensee or an affiliate and that is not intended primarily for the purpose of conducting business for which a license is required;

(5) May not be a location where the employee will meet in person with nonemployees in connection with the business for which a license is required;

(6) May not be a location that will receive or dispense cash, negotiable instruments, or other monetary value in connection with the business for which a license is required, other than compensation paid to the employee by the licensee;

(7) May not be used for the receipt of mail relating to business for which a license is required;

(8) May not be used for storage of books or records, in any form, relating to business for which a license is required unless:

(a) The records were produced or used in the normal course of employment by the employee working at that location and the licensee maintains and administers procedures for the employee to promptly and securely transmit those records to its location for the storage of books and records; or

(b) The licensee is permitted by applicable law or regulation to store the books or records of the licensee at that location;

(9) Shall provide a workspace that is secure, provide for appropriate protection of personal information as required under applicable law, and have the appropriate technological security measures and physical safeguards in place to protect personal information;

(10) Shall be a location used only by a single employee unless:

(a) Other employees using the location maintain a common household with each other; or

(b) The location is used for a period not exceeding 2 weeks every calendar quarter to facilitate business or nonbusiness travel;

(11) May not be used to conduct a specific act that applicable law or regulation requires be conducted only at specified locations; and

(12) Shall be authorized by the licensee as a location from which the employee may work.

E. Security Standards.

(1) A licensee that allows any employee to work at a location authorized by this section shall develop, implement, and maintain a security program that is consistent with all applicable laws and regulations, meets or exceed standards of the industry in which the licensee conducts its business, addresses known vulnerabilities, and is commensurate with the licensee’s size and complexity.

(2) The licensee’s security program may be part of the licensee’s comprehensive data and cyber security program.

(3) A licensee’s security program shall consider the following objectives:

(a) Allowing employees working at locations authorized by this section to access the licensee’s information technology system, other systems, and data needed to perform the employee’s job functions in a safe and secure manner;

(b) Ensuring the security and confidentiality of the licensee’s data containing personal information and other sensitive information;

(c) Protecting the licensee’s information technology systems, other systems, and data against security breaches and unauthorized access, including unauthorized access by employees;

(d) Identifying the types of devices an employee may use to access the licensee’s information technology systems, other systems, and data, and protecting those devices from security breaches and unauthorized access; and

(e) Providing training and support of the licensee’s employees necessary to ensure compliance with the security program and establishing appropriate sanctions for failures to comply.

(4) A licensee shall have an established governance process in place to control and monitor the security program which shall include, as appropriate for the size and complexity of the licensee and its information technology systems, other systems, and data:

(a) The approval of the security program by the board of directors, ownership, or most senior level of management; and

(b) A management structure that encompasses:

(i) Assigning responsibilities and authorities for ensuring adherence to the security program;

(ii) Documenting accountability for functions to ensure compliance with the security program; and

(iii) Reporting to the board of directors, ownership, or most senior level of management, no less than annually, regarding the effectiveness of the security program.

(5) In connection with the security program, a licensee shall complete a comprehensive remote access and data security risk assessment, including:

(a) Identification and assessment of risks and vulnerabilities created by allowing employees to work at locations authorized by this section and to access the licensee’s information technology systems, other systems, and data from such locations; and

(b) Identification of the devices, data, information technology system, and other systems that need to be protected.

(6) A licensee shall perform periodic testing and monitoring of the security program as appropriate for the size and complexity of the licensee’s information technology and other systems, including:

(a) Evaluating the effectiveness of the security program;

(b) Evaluating employee compliance with the security program;

(c) Taking corrective action to address any significant deficiencies identified during the course of licensee’s evaluation of the effectiveness of the security program;

(d) Monitoring of external sources for new vulnerabilities;

(e) Updating, as appropriate, its remote access and data security risk assessment; and

(f) Developing and implementing additional control frame works for any new or changed threats or risks identified by the licensee.

(7) A licensee shall review the security program at least annually and make changes necessary to achieve the objectives of the security program.

(8) A licensee that adequately demonstrates compliance with standards issued by the National Institute of Standards and Technology, United States Department of Commerce, relating to remote workers and remote access, as such may be revised from time to time, shall be deemed to be in compliance with this section.

F. Supervision of Employees.

(1) A licensee shall at all times reasonably and adequately supervise the work-related activities of each employee working at a location authorized by this section.

(2) If the Commissioner determines that the licensee does not provide reasonable and adequate supervision of the employee, after written notice from the Commissioner, and within 5 business days of receiving such notice, the licensee will terminate the employee’s eligibility to work at a location provided for under this regulation.

(3) A licensee shall maintain and update, as appropriate, written records with respect to an employee working from locations provided for in this section, including the initial authorization to work from any such location, any updated authorization, and information regarding the location and any due diligence the license has undertaken to ensure compliance with this regulation.

(4) The licensee shall retain the records required by §F(3) of this regulation for the greater of 2 years from the date the employee ceases using such location in connection with the business for which a license is required or any retention period required by applicable law or regulation.

G. Identification of Licensee. The employee may not, in connection with the business for which a license is required, conceal, misrepresent or otherwise mislead any person with respect to the identity of the licensee.

H. Principal Executive Office. The licensee shall, at a minimum, maintain a principal executive office.

I. Security Breach. If a breach of the security of a system occurs at a location provided for in this regulation, the following steps shall be taken:

(1) Upon learning of the breach of the security of a system, the employee shall immediately notify the licensee;

(2) Upon learning of the breach of the security of a system, the licensee shall within 72 hours notify the Commissioner and make any other notifications that may be required under applicable law or regulation;

(3) The licensee shall investigate the breach of the security of a system and document its findings, including the remedial steps, if any, that have been undertaken by the licensee to remediate any harm to consumers and to update policies, procedures, and processes as a result of the findings; and

(4) If requested by the Commissioner, the licensee shall provide a copy of the documentation of the investigation required in this section.

ANTONIO P. SALAZAR
Commissioner of Financial Regulation

 

Title 10
MARYLAND DEPARTMENT OF HEALTH

Subtitle 09 MEDICAL CARE PROGRAMS

Notice of Proposed Action

[21-026-P]

The Secretary of Health proposes to amend:

(1) Regulations .04—.06 under COMAR 10.09.03 Pharmacy Services; and

(2) Regulations .04 and .07 under COMAR 10.09.12 Disposable Medical Supplies and Durable Medical Equipment.

Statement of Purpose

The purpose of this action is to:

(1) Update the DMS/DME payment procedures to reflect that Maryland Medicaid (Medicaid) reimburses for Medicare-covered equipment and supplies at 80 percent of the Medicare rates established on January 1 of each year, as approved by the Board of Public Works;

(2) Codify rates for enteral and parenteral therapy supplies; and

(3) Shift coverage of enteral nutritional products from the Medicaid Pharmacy Program to the Durable Medical Supplies/Durable Medical Equipment (DMS/DME) Program, pursuant to 42 CFR ⸹440.70, Home Health Services.

Comparison to Federal Standards

There is a corresponding federal standard to this proposed action, but the proposed action is not more restrictive or stringent.

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed action makes two changes to DMS/DME provider reimbursement. First, it changes the reimbursement methodology for Medicare-covered services from 85 percent of April 2013 Medicare rates to 80 percent of Medicare rates established January 1 of each year (A(1)). Additionally, it transitions enteral nutritional services from the Pharmacy Program to the DMS/DME Program and establishes a reimbursement methodology based on Medicare rates (A(2)). The total impact of the proposed action in FY 21 is a $1,106,561 savings.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency:

 

 

(1)

(E-)

$938,194

(2)

(E-)

$168,367

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(1) DMS/DME providers

(-)

$938,194

(2) Nutritional product suppliers

(-)

$168,367

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

NONE

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

A(1). This amount assumes:

• CY 2018 actual utilization continued through FY 2020 and will continue throughout FY 2021;

• FY 2020 is the base year for this analysis. In FY 2020, Medicaid reimbursed at 85 percent of the January 2020 Medicare rates for DMS/DME;

• Effective January 1, 2021, Medicaid will reimburse at 80 percent of the January 2020 Medicare rates;

• Section 3712 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) increased Medicare rates for certain DMS/DME products for the duration of FY 2021;

• For a full year of claims paid at 85 percent of the January 2020 rates, the total estimated cost was $124,451,371. For a full year of claims paid at 80 percent of January 2020 rates plus CARES Act increases, the total estimated cost is $122,574,983; and

• With a January 1, 2021 effective date, the total estimated impact in FY 2021 is a savings of $938,194. This amount is subject to a 55.9 percent federal match (55.9 percent federal funds, $524,450 and 44.1 percent general funds, $413,744).

A(2). This amount assumes:

• The transition of enteral nutritional services from the Pharmacy Program to the DMS/DME Program will take effect approximately February 1, 2021;

• CY 2019 actual utilization represents a full year of enteral nutritional services claims; this utilization continued throughout FY 2020 and will continue throughout FY 2021;

• In FY 2020, the Medicaid Pharmacy Program would have reimbursed $6,205,184 for a full year of enteral nutritional services using a methodology based on the Average Wholesale Price (AWP) plus a Professional Dispensing Fee (PDF). From February 1, 2021 through June 30, 2021, the Medicaid Pharmacy Program would have reimbursed $2,585,493 for these services;

• Under the DMS/DME reimbursement methodology based on Medicare rates, Medicaid is projected to reimburse $5,801,103 for a full year of enteral nutritional services. From February 1, 2021 and June 30, 2021, Medicaid will reimburse $2,417,126; and

• The total impact of this change in FY 2021 is a $168,367 projected savings. This amount is subject to a 55.9 percent federal match ($94,117 federal funds and $74,250 general funds).

D(1). See A(1).

D(2). See A(2).

Economic Impact on Small Businesses

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

Overall, Medicaid-enrolled DMS/DME providers that qualify as small businesses will receive $1,876,388 less revenue for Medicare-covered DMS/DME items provided to Maryland Medicaid participants in FY 2021. DMS/DME providers who furnish enteral nutritional services to Maryland Medicaid participants will also receive $168,367 less revenue due to the transition from pharmacy reimbursement to DMS/DME Program reimbursement based on Medicare rates.

 

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Jake Whitaker, Acting Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through March 1, 2021. A public hearing has not been scheduled.

 

10.09.03 Pharmacy Services

Authority: Health-General Article, §§2-104(b), 15-103, and 15-105, Annotated Code of Maryland

.04 Covered Services.

A. The Department shall cover:

(1)—(4) (text unchanged)

(5) [Enteral nutritional and supplemental] Supplemental vitamins and mineral products given by nasogastric, jejunostomy, or gastrostomy tube in the home;

(6)—(10) (text unchanged)

B. Prescription Requirement.

(1) (text unchanged)

(2) A prescription is not required for various forms of latex condoms or other drugs or products identified by the Program, each within the limits established by the Program[,].

.05 Limitations.

A. Except as specifically identified as being covered under Regulation .04 of this chapter, the following are not covered:

(1)—(7) (text unchanged)

(8) Food supplements or infant formulas, including [enteral nutritional products and] supplemental vitamin and mineral products when administered orally;

(9)—(20) (text unchanged)

B.—E. (text unchanged)

.06 Preauthorization Requirements.

A. The provider shall obtain preauthorization from the Department or its designee for any prescription for:

(1)—(4) (text unchanged)

(5) [Enteral nutritional products and vitamin] Vitamin and mineral products when given by nasogastric, jejunostomy, or gastrostomy tube in the home;

(6)—(9) (text unchanged)

B.—F. (text unchanged)

 

10.09.12 Disposable Medical Supplies and Durable Medical Equipment

Authority: Health-General Article, §§2-104(b), 15-103, and 15-105, Annotated Code of Maryland

.04 Covered Services.

A. The following medically necessary items are covered when ordered by an individual who is enrolled as a provider in the Program on the date of service:

(1)—(7) (text unchanged)

(8) Evaluation for equipment that was subsequently provided through the Department’s recycling program as described in Regulation .07O of this chapter; [and]

(9) Speech generating, augmentative, and alternative communication devices for recipients enrolled under fee-for-service or a Managed Care Organization[.]; and

(10) Enteral nutritional products given by nasogastric, jejunostomy, or gastrostomy tube in the home.

B.—F. (text unchanged)

.07 Payment Procedures.

A.—C. (text unchanged)

D. Effective [July] January 1, [2013] 2021, the Department shall pay providers [85] 80 percent of the [April 2013] Medicare rate established January 1 of each year for prosthetic devices. For prosthetic devices for which Medicare has not established a rate, the Department shall pay providers the manufacturer’s suggested retail price of the item, less 26.5 percent. The payment shall include all fitting, dispensing, and follow-up care.

E. (text unchanged)

F. [The] Unless the service is free to individuals not covered by Medicaid, the Department shall reimburse providers for the purchase of covered services at the lesser of the provider’s customary charge[, unless the service is free to individual not covered by Medicaid] or:

(1) For items for which Medicare has established a rate:

(a) Disposable medical supplies and durable medical equipment other than enteral nutritional products and enteral and parenteral therapy supplies at [85] 80 percent of the [April 2013] Medicare purchase reimbursement rate established January 1 of each year; [and]

(b) Enteral nutritional products given by nasogastric, jejunostomy, or gastrostomy tube in the home as established in §F-1(1) of this regulation;

(c) Enteral and parenteral therapy supplies as established in §F-1(2) of this regulation; and

[(b)] (d) (text unchanged)

(2) For items for which Medicare has not established a rate:

(a) [Disposable] Other than enteral nutritional products and incontinence supplies, disposable medical supplies not including incontinence supplies at the provider’s choice of the manufacturer’s suggested retail price minus 41.2 percent or the provider’s wholesale cost plus 37.2 percent;

(b) Enteral nutritional products given by nasogastric, jejunostomy, or gastrostomy tube in the home as established in §F-1(3) of this regulation;

(c) Enteral and parenteral therapy supplies as established in §F-1(4) of this regulation;

[(b)] (d)[(d)] (f) (text unchanged)

F-1. Enteral Nutritional Product and Enteral and Parenteral Supply Reimbursement Rates Effective February 1, 2021.

(1) Effective February 1, 2021, enteral nutritional products given by nasogastric, jejunostomy, or gastrostomy tube in the home shall be reimbursed at the following rates per unit:

 

HCPCS

HCPCS Unit

Per Unit Rate

B4149

100 cal

$1.77

B4150

100 cal

$0.69

B4152

100 cal

$0.57

B4153

100 cal

$2.03

B4154

100 cal

$1.20

B4155

100 cal

$1.19

 

(2) Effective February 1, 2021, enteral and parenteral therapy supplies shall be reimbursed at the following rates per unit:

 

HCPCS

HCPCS Unit

Per Unit Rate

B4034

1 item

$5.19

B4035

1 item

$9.90

B4036

1 item

$6.80

B4081

1 item

$18.37

B4082

1 item

$13.66

B4083

1 item

$2.10

B4087

1 item

$30.32

B4088

1 item

$107.11

B4220

1 item

$7.65

B4222

1 item

$9.44

B4224

1 item

$22.69

B9002

1 item

$1,041.91

B9004

1 item

$2,411.31

B9006

1 item

$2,411.31

 

(3) Effective February 1, 2021, enteral nutritional products given by nasogastric, jejunostomy, or gastrostomy tube in the home shall be reimbursed at the following rates per unit:

 

HCPCS

HCPCS Unit

Per Unit Rate

B4102

500 ml

$3.56

B4103

500 ml

$3.33

B4158

100 cal

$0.69

B4159

100 cal

$0.69

B4160

100 cal

$0.85

B4161

100 cal

$2.03

B4162

100 cal

$3.31

 

(4) Effective February 1, 2021, enteral and parenteral therapy supplies shall be reimbursed at the following rates per unit:

 

HCPCS

HCPCS Unit

Per Unit Rate

B9998

1 item

$249.90

B9999

1 item

$249.90

 

G.—Z. (text unchanged)

ROBERT R. NEALL
Secretary of Health

 

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.10 Nursing Facility Services

Authority: Health-General Article, §§2-104(b), 15-103, 15-105, 19-14B-01, and 19-310.1, Annotated Code of Maryland

Notice of Proposed Action

[21-027-P]

     The Secretary of Health proposes to amend Regulations .01, .07, .08, .15, and .19 under COMAR 10.09.10 Nursing Facility Services.

Statement of Purpose

The purpose of this action is to implement recommendations in the 2019 Joint Chairmen’s Report regarding the Maryland Medicaid nursing facility pay-for-performance program. Specifically, this action increases the size of the program, refocuses the program on reportable patient outcomes, and includes incentives and disincentives. Additionally, it updates effective dates for nursing facility rates to reflect FY 2021 and grants a 1-year extension to the Interim Working Capital Fund.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed action implements a 4 percent rate increase for Fiscal Year 2021. Additionally, working capital advances will result in loss of potential interest income to the State.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency:

 

 

(1)

(E-)

$5,755,632

(2)

(R-)

$160,151

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

 

 

(1)

(-)

$5,755,632

(2)

(-)

$160,151

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

NONE

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

A(1). The average reimbursement for nursing facility services will increase by 4 percent in Fiscal Year 2021. Under the provisions of this amendment, the rate represents a reduction of $1.07 per day compared with the rate that providers would otherwise receive. Based on a projected 5,399,652 days of care in Fiscal Year 2021, this reduction represents a savings to the State of $5,755,632. This amount is 50 percent federal funds and 50 percent General Funds.

A(2). The interim working capital fund will provide a projected $11,538,270 to providers during Fiscal Year 2021, resulting in loss of potential interest income of $160,151 based on a rate of return of 1.388 percent. This amount is 100 percent General Funds.

D(1). Reimbursement for nursing facilities will be reduced by $5,755,632 based on the net impact of the reimbursement adjustments in this proposal, although the average per diem rate will increase by 4 percent as described in Section IIIA(1).

D(2). Providers will benefit from the State’s loss of potential interest income in the amount of $160,151 due to providing working capital advances.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has an impact on individuals with disabilities as follows:

By increasing the total amount payable through the pay for performance process, modifying criteria to become more outcome-oriented, and extending the Interim Working Capital fund, the proposed action incentivizes higher quality of care for the many individuals with disabilities who are served in nursing facilities.

Opportunity for Public Comment

Comments may be sent to Annie Olle, Acting Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through March 1, 2020. A public hearing has not been scheduled.

.01 Definitions.

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

B. Terms Defined.

(1)—(30) (text unchanged)

(31) “Payroll-Based Journal” means a system for facilities to submit staffing information to meet the requirements of §6106 of the Affordable Care Act (ACA) that requires facilities to electronically submit direct care staffing information (including agency and contract staff) based on payroll and other auditable data.

[(31)] (32)—[(53)] (54) (text unchanged)

[(54)] (55) “Substandard quality of care” means [that one or more requirements under 42 CFR §483.13, 42 CFR §483.15, or 42 CFR 483.25 were not met, to a degree constituting immediate jeopardy to resident health or safety, and a pattern of actual harm, widespread actual harm, or a widespread potential for more than minimal harm] a finding of substandard care in accordance with 42 CFR §488.301.

[(55)] (56)—[(58)] (59) (text unchanged)

.07 Prospective Rates.

A.—F. (text unchanged)

G. Final facility rates for the period July 1, [2019] 2020 through June 30, [2020] 2021 shall be each nursing facility’s quarterly rate, exclusive of the amount identified in Regulation .13A(2) of this chapter, reduced by the budget adjustment factor of [3.4] 0.405 percent, plus the Nursing Facility Quality Assessment add-on identified in Regulation .11E of this chapter and the ventilator care add-on amount identified in Regulation .13A(2) of this chapter when applicable.

.08 Interim Working Capital Fund.

A.—G. (text unchanged)

H. The Interim Working Capital Fund expires on May 1, [2020] 2021. Providers shall repay all outstanding funds to the Department by May 1, [2020] 2021. The Department may grant repayment extensions, not longer than 60 days, under extraordinary circumstances.

.15 Pay-for-Performance — Quality Measures.

A. Providers shall receive a composite score based on the following:

(1) Staffing levels [and staff stability], as described in [§B and C] §B of this regulation, shall comprise [40] 20 percent of each facility’s score;

(2) Staffing stability, as described in §C of this regulation, shall comprise 15 percent of each facility’s score;

[(2)] (3) Maryland Health Care Commission Nursing Facility Family Survey, as described in §D of this regulation, shall comprise [40] 30 percent of each facility’s score;

[(3)] (4) Minimum Data Set Clinical Quality Indicators, as described in §E of this regulation, shall comprise [16] 30 percent of each facility’s score;

[(4) Employment of an infection control coordinator, as described in §F of this regulation, shall comprise 2 percent of each facility’s score;] and

(5) Staff immunization survey, as described in [§G] §F of this regulation, shall comprise [2] 5 percent of each facility’s score.

B. Staffing Levels.

[(1) Maryland nursing facilities serving Medicaid patients shall provide salary data and hours of work data at least 3 months before the start of the new rate year. These data shall be for selected personnel types for a 2-week period to be specified by the Department.

(2) Each Maryland facility covered by these regulations which fails to comply with §B(1) of this regulation shall incur a 1 percentage point reduction in its applicable rental rate presented in Regulation .11B(1)(i) or (j) of this chapter.]

(1) Staffing and hours of work shall be determined using the Payroll-Based Journal data for the 9-month period ending March 31 of each fiscal year.

[(3)] (2) A facility’s average staffing level shall be determined from its most recent data reported in accordance with §B(1) of this regulation. Total staff hours shall be divided by average daily census during the [survey] period specified in §B(1) of this regulation [in order] to establish the facility’s average daily staffing.

[(4)] (3) (text unchanged)

[(5)] (4) The result from [§B(4)] §B(3) of this regulation shall be multiplied by 1.26555 [in order] to establish the facility’s staffing goal.

[(6)] (5) The facility’s staffing level from [§B(3)] §B(2) of this regulation shall be divided by the facility’s staffing goal from [§B(5)] §B(4) of this regulation [in order] to determine a score based on its percentage of the goal. A facility staffing exceeding its goal shall be scored at 100 percent.

[(7)] (6) (text unchanged)

C. Staff Stability.

(1) On or before May 31 of the fiscal year, nursing facilities, excluding continuing care retirement communities and facilities with fewer than 45 beds, shall report data on individual nursing staff members’ length of employment using a format and procedures designated by the Department. This data shall include all nursing staff employed by the facility during the pay period that includes March 31 of the fiscal year.

(2) Providers that fail to comply with §C(1) of this regulation shall receive 0 points.

[(1)] (3) Staff stability is based upon dates of employment for nursing staff reported [on the facility’s most recent salary and hours survey] in accordance with [§B(1)] §C(1) of this regulation.

[(2)] (4) Staff stability shall be determined by the percentage of [hours provided by] staff employed by the facility for 2 years or longer at the time of the [survey] report.

[(3)] (5) Providers shall receive [0—20] 0—15 points based upon the scoring methodology described under Regulation .16 of this chapter.

D. Family Satisfaction.

(1) (text unchanged)

(2) Providers shall receive [0—40] 0—30 points based upon the scoring methodology described under Regulation .16 of this chapter, as follows:

(a) [0—20] 0—6 points shall be based upon questions regarding general satisfaction; and

(b) [0—20] 0—24 points shall be based on several categories of questions regarding specific aspects of care and environment in the nursing facility.

E. Minimum Data Set Clinical Quality Indicators.

(1) Providers shall receive scores for the 3-month period ending December 31 of the most recent prior State fiscal year based on the following quality indicators for long-stay residents from the Minimum Data Set published by the federal Centers for Medicare and Medicaid Services:

(a) (text unchanged)

(b) Percent of Residents [Who Were Physically Restrained] with a Fall Resulting in Major Injury;

(c)—(f) (text unchanged)

(2) Providers shall receive [0—2.67] 0—5 points for each quality indicator based on the scoring methodology described under Regulation .16 of this chapter.

[F. Employment of Infection Control Coordinator.

(1) In accordance with State licensing regulations under COMAR 10.07.02.21, all Maryland nursing facilities are required to employ an infection control coordinator who has attended training as required in COMAR 10.07.02.21C. Scoring, based on compliance with COMAR 10.07.02.21, shall be as follows:

(a) A facility not in compliance with COMAR 10.07.02.21 shall receive no points;

(b) A facility meeting the minimum requirement of COMAR 10.07.02.21 shall receive 1 point; or

(c) A facility shall receive 2 points if:

(i) In a facility with 200 or more beds, an infection control coordinator is dedicated 35 hours or more per week to infection control responsibilities; or

(ii) In a facility with fewer than 200 beds, an infection control coordinator is dedicated to infection control responsibilities 15 hours or more per week.

(2) Providers shall receive 0—2 points for this quality measure. Data will be collected by the Department in April of each year.]

[G.] F. Staff Immunizations.

(1) (text unchanged)

(2) Providers shall receive [0 or 2] 0, 2, or 5 points for this quality measure. Facilities shall submit data to the Department regarding all individuals employed or contracted by the facility during the period September through April 15.

(3) Benchmark.

(a) The benchmark for staff vaccinations is [80] 90 percent.

(b) Nursing facilities that [meet or exceed the benchmark of 80 percent] achieve the benchmark for at least 90 percent but less than 95 percent for seasonal flu shall receive 2 points.

(c) Nursing facilities that meet or exceed the benchmark of 95 percent for seasonal flu shall receive 5 points.

[(c)] (d) Facilities with less than [80] 90 percent may not receive points for this quality measure.

.19 Pay-for-Performance — Payment Distribution.

[A. During State fiscal year 2011, 0.2445 percent of the budget allocation for nursing facility services shall be distributed based on pay-for-performance scores.]

[B.] A. Beginning State fiscal year [2012] 2021, and each year thereafter, [0.5] 10 percent of the budget allocation for nursing facility services shall be distributed based on pay-for-performance scores.

[C.] B. Eighty-five percent of the amount identified in §A [or B] of this regulation shall be distributed to the highest scoring facilities, representing [35] 40 percent of the eligible days of care, in accordance with the methodology described in Regulation .16 of this chapter.

[D.] C.—[G.] F. (text unchanged)

ROBERT R. NEALL
Secretary of Health

 

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.18 Oxygen and Related Respiratory Equipment Services

Authority: Health-General Article, §§2-104(b), 15-103, 15-105, and 15-129, Annotated Code of Maryland

Notice of Proposed Action

[21-028-P]

     The Secretary of Health proposes to amend Regulation .07 under COMAR 10.09.18 Oxygen and Related Respiratory Equipment Services.

Statement of Purpose

The purpose of this action is to update the oxygen and related respiratory equipment services payment procedures to reflect that the Department reimburses for Medicare-covered equipment and supplies at 80 percent of the Medicare rates established on January 1 of each year.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed action amends the methodology set forth in the affected regulation from 85 percent of April 2013 Medicare rates to 80 percent of the Medicare rates established January 1 of each year. The total impact for Fiscal Year (FY) 2021 is $236,675.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure (E+/E-)

Magnitude

 


A. On issuing agency:

(E+)

$236,675

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(+)

$236,675

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

NONE

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

A. This amount assumes:

(1) CY 2018 actual utilization continued through FY 2020 and will continue throughout FY 2021.

(2) In FY 2020, Maryland Medicaid reimbursed at 85 percent of the January 2020 Medicare rates for oxygen and related respiratory equipment.

(3) Section 3712 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) revises the fee schedule amounts for certain durable medical equipment, including oxygen and related respiratory equipment, whose fees are adjusted using competitive bidding information during the COVID-19 Public Health Emergency (PHE). As such, the current Medicare rates are higher than the rates established in January 2020.

(4) For a full year of claims paid at 85 percent of the January 2020 rates, the total estimated cost was $10,210,048. For a full year of claims paid at 80 percent of January 2020 rates plus enhanced rates during the PHE, the total projected cost is $10,446,723.

(5) In FY 2021, the total impact is $236,675. This amount is subject to a 55.9 percent federal match ($132,301 federal funds and $104,374 general funds).

D. See A above.

Economic Impact on Small Businesses

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

The proposed action may have a meaningful economic impact on small businesses that participate as oxygen and related respiratory equipment providers insofar as it reduces Maryland Medicaid reimbursement for these services.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Jake Whitaker, Acting Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through March 1, 2020. A public hearing has not been scheduled.

.07 Payment Procedures.

A.—C. (text unchanged)

D. The Department shall reimburse providers for the purchase of covered services at the lowest of the provider’s customary charge:

(1) For items [that] for which Medicare has established a rate:

(a) [Effective July 1, 2013, the] The Department shall pay providers [85] 80 percent of the [April 2013] Medicare [rate] rates established on January 1 of each year for oxygen and respiratory equipment and supplies, which shall include all fitting, dispensing, and follow-up care; and

(b) (text unchanged)

(2) (text unchanged)

E.—P. (text unchanged)

ROBERT R. NEALL
Secretary of Health

 

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.92 Acute Hospitals

Authority: Health-General Article, §§2-104(b), 15-102.8, 15-103, and 15-105, Annotated Code of Maryland

Notice of Proposed Action

[21-029-P]

     The Secretary of Health proposes to amend Regulation .08 under COMAR 10.09.92 Acute Hospitals.

Statement of Purpose

The purpose of this action is to adjust the District of Columbia (D.C.) hospital provider reimbursement methodology for FY 2021, as approved by the Board of Public Works.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. D.C. hospitals receive an additional percentage of their charges to account for labor market differences between D.C. and Maryland hospitals. The Board of Public Works approved an adjustment to D.C. hospital provider rates. Specifically, the adjustment applied to the FY 2012 base rate is reduced from 9 percent to 6 percent in FY 2021. The total estimated impact is a $4,305,046 cost savings.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency:

(E-)

$4,305,046

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(-)

$4,305,046

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

NONE

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

A. This amount assumes:

(1) FY 2019 rates and utilization will continue for FY 2021.

(2) The total magnitude of the cost savings represents the difference between projected FY 2021 D.C. hospital reimbursement with a 9 percent upward adjustment ($124,390,268) and projected FY 2021 D.C. hospital reimbursement with a 6 percent upward adjustment ($120,085,222).

(3) This amount is subject to a blended 40 percent State funds and 60 percent federal match ($1,722,018 general funds; $2,583,028 federal funds).

D. See A above.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Annie Olle, Acting Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through March 1, 2020. A public hearing has not been scheduled.

.08 District of Columbia Hospital Reimbursement.

A. Inpatient Services Rate Calculation.

(1)—(2) (text unchanged)

(3) Effective for dates of service starting [July 1, 2012] July 14, 2020, and forward, the rate calculated for [FY 2012] FY 2021 in accordance with §A(2) of this regulation shall be increased by [9] 6 percent.

(4)—(7) (text unchanged)

B. Outpatient Services.

(1)—(2) (text unchanged)

(3) Effective for dates of service starting [July 1, 2012] July 14, 2020, and forward, the rates calculated for [FY 2012] FY 2021 in accordance with §B(2) of this regulation shall be increased by [9] 6 percent.

(4)—(6) (text unchanged)

C. (text unchanged)

ROBERT R. NEALL
Secretary of Health

 

Notice of Proposed Action

[21-030-P]

The Secretary of Health proposes to amend:

(1) Regulation .12 under COMAR 10.10.13 Medical Laboratories — Testing for Hereditary and Congenital Disorders in Newborn Infants; and

(2) Regulation .05 under COMAR 10.52.12 Newborn Screening.

Statement of Purpose

The purpose of this action is to add Pompe disease, Fabry disease, spinal muscular atrophy (SMA), and mucopolysaccharidosis type I (MPS I) to the Maryland Newborn Screening Panel as recommended by the Maryland State Advisory Council on Hereditary and Congenital Disorders and the federal Recommended Uniform Screening Panel (for Pompe disease, Fabry disease, SMA, and MPS I). Adding these conditions to the newborn screening panel will assist with the diagnosis and treatment of infants born each year with these rare diseases.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. The estimated expenditure for reagents and supplies to conduct screening for Pompe disease, Fabry disease, spinal muscular atrophy, and mucopolysaccharidosis type I is approximately $302,814.00 for FY 2021.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency:

(E-)

$302,814

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
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(1). In subsequent years, the total estimated cost for reagents and supplies is as follows (based on an adjustment of 1 percent for inflation):

1. FY 2022: $305,842

2. FY 2023: $308,900

3. FY 2024: $311,989

4. FY 2025: $315,109

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Annie Olle, Acting Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-225), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through March 1, 2020. A public hearing has not been scheduled.

 

Subtitle 10 LABORATORIES

10.10.13 Medical Laboratories — Testing for Hereditary and Congenital Disorders in Newborn Infants

Authority: Health General Article, §13-111(d)(2), Annotated Code of Maryland

.12 First-Tier, Supplemental, and Second-Tier Tests.

A.—B. (text unchanged)

C. First-Tier Tests. The Department’s public health laboratory shall perform a first-tier test on a newborn infant to screen for the following hereditary and congenital disorders, which are approved for screening by the Council and the Secretary:

(1)—(52) (text unchanged)

(53) Cystic fibrosis; [and]

(54) Severe combined immunodeficiency (SCID)[.];

(55) Pompe disease;

(56) Fabry disease;

(57) Spinal muscular atrophy (SMA); and

(58) Mucopolysaccharidosis type I (MPS I).

D. (text unchanged)

 

Subtitle 52 PREVENTIVE MEDICINE

10.52.12 Newborn Screening

Authority: Health-General Article, §§13-109, 13-111, and 13-601—13-605, Annotated Code of Maryland

.05 Selection of Disorders for Screening.

A. (text unchanged)

B. The selected disorders are:

(1)(52) (text unchanged)

(53) Cystic fibrosis; [and]

(54) Severe combined immunodeficiency (SCID)[.];

(55) Pompe disease;

(56) Fabry disease;

(57) Spinal muscular atrophy (SMA); and

(58) Mucopolysaccharidosis type I (MPS I).

C. (text unchanged)

ROBERT R. NEALL
Secretary of Health

 

Title 13A
STATE BOARD OF EDUCATION

Subtitle 02 LOCAL SCHOOL ADMINISTRATION

13A.02.06 General Financial Aid to Local School Systems

Authority: Education Article, §§2-205, 5-202, 5-205—5-209, 7-101, 7-101.1, 8-101—8-105, 8-403, and 8-404, Annotated Code of Maryland

Notice of Proposed Action

[21-031-P]

The Maryland State Board of Education proposes to amend Regulation .06 under COMAR 13A.02.06 General Financial Aid to Local School Systems. This action was considered by the State Board of Education at their December 8, 2020, meeting.

Statement of Purpose

The purpose of this action is to change the federally submitted student count date for students with disabilities to October 1 annually.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Marcella Franczkowski, M.S., Assistant State Superintendent, Maryland State Department of Education, Division of Early Intervention and Special Education Services, 200 West Baltimore Street, Baltimore, MD 21201, or call 410-767-0238 (TTY 410-333-6442), or email to marcella.franczkowski@maryland.gov, or fax to 410-333-2488. Comments will be accepted through March 1, 2021. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the State Board of Education during a public meeting to be held on March 23, 2021, at 9 a.m., at 200 West Baltimore Street, Baltimore, MD 21201.

.06 State Financial Assistance under the Special Education Grant.

A. A special education student may be counted as eligible for State aid under the special education grant if the student is:

(1)—(2) (text unchanged)

(3) Receiving special education services on [the last Friday in] October 1 of the prior fiscal year.

B.—C. (text unchanged)

KAREN B. SALMON, Ph.D.
State Superintendent of Schools

 

Title 26
DEPARTMENT OF THE ENVIRONMENT

Subtitle 03 WATER SUPPLY, SEWERAGE, SOLID WASTE, AND POLLUTION CONTROL PLANNING AND FUNDING

26.03.13 Bay Restoration Fund Implementation

Authority: Environment Article, §9-1605.2, Annotated Code of Maryland; Chs. 80 and 379, Acts of 2014; Chs. 124 and 153, Acts of 2015

Notice of Change to Opportunity for Public Comment

[21-015-P]

     The Opportunity for Public Comment which appeared in 48:2 Md. R. 64 (January 15, 2021) has been changed. The corrected notice follows.

Opportunity for Public Comment

Comments may be sent to Jeffrey Fretwell, Program Manager, Water Quality Finance Administration, MDE, 1800 Washington Blvd, Baltimore, MD 21230, or call 410-537-3981, or email to jeffrey.fretwell@maryland.gov. Comments will be accepted through March 1, 2021. A public hearing has not been scheduled.

BENJAMIN H. GRUMBLES
Secretary of the Environment

 

Subtitle 13 DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES

Notice of Proposed Action

[21-025-P]

The Secretary of the Environment proposes to:

(1) Amend Regulations .03 and .05 under COMAR 26.13.01 Hazardous Waste Management System: General;

(2) Amend Regulations .04-4, .04-5, .05, .19, and .19-2 under COMAR 26.13.02 Identification and Listing of Hazardous Waste;

(3) Amend Regulations .01—.03, .05, and .06, and adopt new Regulations .01-1, .02-1, .02-2, .03-1—.03-11, and .05-1—.05-5 under COMAR 26.13.03 Standards Applicable to Generators of Hazardous Waste;

(4) Amend Regulations .01, .03, and .05 under COMAR 26.13.05 Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities;

(5) Amend Regulation .01 under COMAR 26.13.06 Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities; and

(6) Amend Regulations .02, .10, .14, and .25 under COMAR 26.13.10 Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities.

Statement of Purpose

The purpose of this action is to modify Maryland’s hazardous waste regulations to incorporate provisions of the U.S. Environmental Protection Agency’s “hazardous waste generator improvements” rule, modify the hazardous waste listing for nicotine, and revise requirements for hazardous waste treatability studies.

This action also makes other clarifying and formatting edits.

Comparison to Federal Standards

There is a corresponding federal standard to this proposed action, but the proposed action is not more restrictive or stringent.

Estimate of Economic Impact

I. Summary of Economic Impact. Based on the U.S. Environmental Protection Agency’s regulatory impact analysis of the corresponding federal regulations, the proposed action is expected to have only a minimal economic impact. Costs of new requirements that the State is required to adopt to maintain consistency with federal regulations are expected to be offset to a large degree by savings from new flexibilities that the regulations provide.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency:

Implementation costs

(E+)

Minimal

B. On other State agencies:

Incremental costs of compliance

(E+)

Minimal

C. On local governments:

Incremental costs of compliance

(E+)

Minimal

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

Incremental cost of compliance

(-)

Aggregate annualized Statewide cost: $57,000

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

(+)

Indeterminable

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

A. The proposed action is not anticipated to require the hiring of any new staff. Implementation is expected to be able to be accomplished using existing resources. There may be minor costs associated with outreach to the regulated community (distribution of compliance assistance materials, for example.)

B. The overall net aggregate cost of the proposed action on the regulated community is expected to be minimal, as explained in Section II.D.

C. The overall net aggregate cost of the proposed action on the regulated community is expected to be minimal, as explained in Section II.D.

D. The U.S. Environmental Protection Agency, in its regulatory impact analysis of the generator improvements rule, estimated the net annualized national cost of compliance to range between $100,000 and $5,200,000 (80 Fed. Reg. 57988, 9/25/15). Taking the average of these figures, and converting the average to current dollars from 2015 dollars using the U.S. Department of Commerce gross domestic product (GDP) implicit price deflators for 2019 and 2015, the current average national compliance cost is estimated to be $2,650,000. Based on data obtained from the Department of Commerce Bureau of Economic Analysis, Maryland contributed a 2.0% share to the U.S. GDP in 2015 and in 2019. Taking the state’s contribution to overall national economic activity as representative of the share of the national compliance costs that would be borne by Maryland entities, the averaged aggregate annualized compliance cost for Maryland generators would be (0.02x$2,650,000) = $53,000. There are approximately 1,500 active hazardous waste generators in Maryland, so the estimated average annual cost per generator is $35.

E. Significant impacts are not expected on industries or trade groups not directly affected by the proposed action.

F. The public will continue to benefit from the safe management of hazardous waste and the associated avoidance of adverse impacts to human health and the environment, but a specific value for any incremental change in this benefit that would result from the proposed action is impossible to quantify.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Edward Hammerberg, Technical Specialist/RCE Supervisor, Maryland Department of the Environment/RMP, 1800 Washington Blvd., Suite 610, Baltimore, MD 21230-1719, or call 410-537-3356, or email to ed.hammerberg@maryland.gov, or fax to 410-537-3321. Comments will be accepted through March 1, 2021. A public hearing has not been scheduled.

 

26.13.01 Hazardous Waste Management System: General

Authority: Environment Article, §6-905.3 and Title 7, Subtitle 2, Annotated Code of Maryland

.03 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) — (2-1) (text unchanged)

(2-1-1) “Acute hazardous waste” means a hazardous waste that meets the listing criteria in COMAR 26.13.02.09A(2) and has therefore been assigned a hazard code of (H) in accordance with COMAR 26.13.02.15B;

(2-2) — (24-2) (text unchanged)

(25) “Final closure” means the closure of all hazardous waste management units at the facility in accordance with all applicable closure requirements so that hazardous waste management activities under COMAR 26.13.05 and 26.13.06 are no longer conducted at the facility unless subject to the provisions in COMAR [26.13.03.05E] 26.13.03.03-3—.03-10.

(26) — (28) (text unchanged)

(28-1) “Fully regulated generator” means a person who generates hazardous waste and does not meet the definition of a Maryland-defined small quantity generator;

(29) — (51-1) (text unchanged)

(51-1-1) “Maryland-defined small quantity generator (MDSQG)” means a person who does not meet any of the criteria specified in COMAR 26.13.03.01A-2.

(51-2) — (96) (text unchanged)

.05 Incorporation by Reference.

A. (text unchanged)

B. Incorporation of Federal Regulations by Reference.

(1) As qualified by §B(2) of this regulation, certain federal regulations are incorporated by reference as follows:

(a) When used in COMAR 26.13.05, 40 CFR §§144.3 and 264.140—264.151 as of July 1, [2014] 2019, are incorporated by reference;

(b) When used in COMAR 26.13.06, the federal regulations as of July 1, [2014] 2019, in 40 CFR §§265.90—265.94, 265.140—265.148, 265.270—265.282, 265.340—265.351, 265.370—265.382, and 265.400—265.406 are incorporated by reference;

(c) When used in COMAR 26.13.01—26.13.10, the federal regulations as of July 1, [2014] 2019, in 40 CFR Part 264, Appendix IX Ground Water Monitoring List, 40 CFR Part 261, Appendix III Chemical Analysis Test Methods, and 49 CFR 173, 178, and 179 are incorporated by reference;

(d) When used in COMAR 26.13.03.07-5, the federal regulations as of July 1, [2014] 2019, in 40 CFR §§262.81—262.89 are incorporated by reference; [and]

(e) When used in COMAR 26.13.02, Appendix IX of 40 CFR Part 261, as amended, is incorporated by reference[.]; and

(f) When used in COMAR 26.13.01—26.13.10, 49 CFR 171—180, 387, and 396, as amended, are incorporated by reference.

(2) (text unchanged)

C. (text unchanged)

 

26.13.02 Identification and Listing of Hazardous Waste

Authority: Environment Article, §6-905.3 and Title 7, Subtitle 2, Annotated Code of Maryland

.04-4 Treatability Study Samples.

A. Except as provided in §B of this regulation, persons who generate or collect samples for the purpose of conducting treatability studies as defined in COMAR 26.13.01.03B are not subject to any requirement of COMAR 26.13.02—.04 or to the notification requirements of Section 3010 of RCRA, nor are those samples included in the quantity determinations of Regulation .05 of this chapter and COMAR [26.13.03.05E(2)]26.13.03.03-4C(3) when one of the following conditions is met:

(1) — (3) (text unchanged)

B. The exemption in §A of this regulation is applicable to samples of hazardous waste being collected and shipped for the purpose of conducting treatability studies, provided that all of the following conditions are met:

(1) [The]For each process being evaluated for each generated waste stream, the generator or sample collector [does not use]uses, in treatability studies, no more than[ the following amounts for each process being evaluated for each generated waste stream]:

(a) — (b) (text unchanged);

 (c) 100 kilograms of any waste that is:

(i) Identified in this chapter as an acute hazardous waste by having been assigned a hazard code of (H) in accordance with regulations .09 and .15B of this chapter; and

(ii) Not identified as an acute hazardous waste in 40 CFR Part 261;

[(c)] (d) 1 kilogram of acute hazardous waste that does not meet the criteria of §B(1)(c) of this regulation; or

[(d)] (e) (text unchanged)

(2) The mass of each sample shipment:

(a) (text unchanged)

(b) May consist entirely of media contaminated with nonacute hazardous waste, or may include, in addition to media contaminated with nonacute hazardous waste, up to:

(i) (text unchanged)

(ii) 1,000 kilograms of hazardous waste other than contaminated media; [and]

(iii) 1 kilogram of acute hazardous waste [other than] that is not contaminated media and does not meet the criteria of §B(1)(c) of this regulation; and

(iv) 100 kilograms of acute hazardous waste that meets the criteria of §B(1)(c) of this regulation and is not contaminated media;

(3) — (8) (text unchanged)

C. Allowance for Additional Quantities.

(1) Quantities and Bases for Requests.

(a) The Secretary may grant requests on a case-by-case basis for quantity limits in excess of those specified in §B(1) and (2) of this regulation and Regulation .04-5A(4) of this chapter for up to an additional 500 kilograms of nonacute hazardous waste, 5,000 kilograms of media contaminated with nonacute hazardous waste, 1 kilogram of acute hazardous waste that does not meet the criteria of §B(1)(c) of this regulation, 100 kilograms of acute hazardous waste that meets the criteria of §B(1)(c) of this regulation, and 2,500 kilograms of media contaminated with acute hazardous waste, to conduct further treatability study evaluation in response to requests for authorization to ship, store, and conduct treatability studies on additional quantities.

(b) — (c) (text unchanged)

(2) — (3) (text unchanged)

D. (text unchanged)

E. Return of Samples and Residues from Treatability Studies.

(1) (text unchanged)

(2) Until they are accepted by the sample generator or collector to whom they are being sent, the materials identified in §E(1)of this regulation:

(a) (text unchanged)

(b) Are not included in the quantity determinations of Regulation .05 of this chapter and COMAR [26.13.03.05E(2)]26.13.03.03-4C(3).

(3) — (4) (text unchanged)

.04-5 Samples Undergoing Treatability Studies at Laboratories and Testing Facilities.

A. Samples undergoing treatability studies and the laboratories or testing facility conducting the treatability studies, to the extent those facilities are not otherwise subject to requirements under COMAR 26.13, are not subject to any requirements of COMAR 26.13.02—26.13.07 or 26.13.10 or 40 CFR Part 268 or to the notification requirements of §3010 of RCRA provided that all of the following conditions are met:

(1) — (3) (text unchanged)

(4) The quantity of “as received” hazardous waste stored at the facility for the purpose of evaluation in treatability studies, exclusive of treatment materials, including nonhazardous solid waste, added to “as received” hazardous waste, does not exceed 10,000 kilograms, the total of which may consist entirely of media contaminated with nonacute hazardous waste, or may include, in addition to media contaminated with nonacute hazardous waste, up to:

(a) (text unchanged)

(b) 1,000 kilograms of nonacute hazardous waste other than contaminated media; [and ]

(c) 1 kilogram of acute hazardous waste that does not meet the criteria of Regulation .04-4B(1)(c) of this chapter; and

(d) 100 kilograms of acute hazardous waste that meets the criteria of Regulation .04-4B(1)(c) of this regulation.

(5) — (11) (text unchanged)

(12) The facility notifies the Secretary by letter when the facility is no longer planning to conduct any treatability studies at the site; [and ]

(13) The treatability study is not being used merely as a means to treat or dispose of hazardous waste[.]; and

(14) If a person intends to use, in a treatability study, more than 1 kilogram of waste identified in Regulation .04-4B(1)(c) of this chapter, the person:

(a) Notifies the Department of that intention no later than 30 days before the initiation of the treatability study;

(b) Provides the Department with an explanation of why the quantity in excess of 1 kilogram is needed for the study; and

(c) Provides the Department with any information that the Department considers necessary to evaluate:

(i) The need to use the additional quantity of waste; and

(ii) Whether the treatability study will be conducted in a manner consistent with the protection of human health and the environment;

B. (text unchanged)

.05 Special Requirements for Hazardous Waste Generated by Maryland-defined Small Quantity Generators.

A. Exemptions.

(1) Except for those wastes identified in §§B, C, D, and E(2) of this regulation, and except as specified in §G of this regulation and COMAR 26.13.03.01A-3, if a person generates, in a calendar month, a total of less than 100 kilograms (approximately 220 pounds) of hazardous wastes, those wastes are not subject to regulation under COMAR 26.13.03—26.13.07 and 26.13.10 and the notification requirements of §3010 of RCRA, provided the generator complies with the requirements of §§B, D, E, and F of this regulation.

(2) In determining quantities under this chapter and COMAR 26.13.03, a generator shall include all hazardous waste generated, except for hazardous waste that is:

(a) — (d) (text unchanged)

(e) Spent lead-acid batteries managed under the requirements of COMAR 26.13.10.04; [or]

(f) Universal waste managed under Regulation .07-1 of this chapter and COMAR 26.13.10.06—.25[.]; or

(g) Managed as part of an episodic generation event in compliance with the requirements of COMAR 26.13.03.05-2—26.13.03.05-4.

(3) (text unchanged)

B. — C. (text unchanged)

D. In order for hazardous waste to be excluded from regulation under this chapter, the generator:

(1) Shall comply with COMAR 26.13.03.02—.02-2, which concern hazardous waste determination[.];

(2) Shall treat or dispose of the waste in an on-site facility, or ensure delivery to an off-site treatment, storage, or disposal facility, either of which, if located in the United States, is:

(a) — (e) (text unchanged)

 (f) A facility which:

(i) (text unchanged)

(ii) Treats its waste before beneficial use or reuse, or legitimate recycling or reclamation; [or]

(g) For universal waste managed under COMAR 26.13.10.06—.25, a universal waste handler or destination facility subject to the requirements of COMAR 26.13.10.06 — .25[.]; or

(h) A facility that is under the control of the same person as the generator, as described in COMAR 26.13.03.03-11B(1), if the generator marks the generator’s containers of hazardous waste in accordance with the requirements of COMAR 26.13.03.03-10A(1) and (2), and the facility is authorized to accept the waste from the generator for consolidation under the provisions of:

(i) COMAR 26.13.03.03-11, if the facility is located in Maryland; or

(ii) 40 CFR §262.14(a)(5)(viii) or analogous regulations of the destination state, as applicable, if the facility to which the waste is being sent is not located in Maryland; and

(3) May not accumulate hazardous waste on-site if the generator accumulates at any time:

(a) Acute hazardous wastes in quantities greater than those set forth in §C of this regulation[.], [Those]in which case, those accumulated wastes are subject to regulation under COMAR 26.13.03—26.13.07 and 26.13.10 and the applicable notification requirements of §3010 of RCRA[.], and [The]the time period of COMAR [26.13.03.05E] 26.13.03.03-4C for accumulation of wastes on-site begins when the accumulated wastes exceed the applicable exclusion limit[.]; or

(b) More than a total of 100 kilograms of any hazardous waste not otherwise regulated under §D(3)(a) of this regulation[.], in which case, those [Those] accumulated wastes are subject to regulation under COMAR 26.13.03—26.13.07 and 26.13.10 and the applicable notification requirements of §3010 of RCRA[.], and [The]the time period of COMAR [26.13.03.05E] 26.13.03.03-4C for accumulation of wastes on-site begins for a generator when the initial waste is generated.

E. — G. (text unchanged)

.19 Discarded Commercial Chemical Products, Off-Specification Species, Containers, and Spill Residues of These.

A. — D. (text unchanged)

E. The commercial chemical products, or manufacturing chemical intermediates, or off-specification commercial chemical products or manufacturing chemical intermediates referred to in §§A—D of this regulation are identified as acute hazardous wastes (H) and are subject to the small quantity exclusion defined in Regulation .05C of this chapter. These wastes and their corresponding EPA Hazardous Waste Numbers are:

 

Hazardous
Waste Number

Substance*

1080 see P058 P074 Nickel cyanide (text unchanged)

P075

Nicotine and salts, except than this listing does not include patches, gums, and lozenges that have been approved by the Food and Drug Administration as over-the-counter nicotine replacement therapies.

P076 Nitric Oxide P205 Zinc, bis(dimethylcarbamodithioato-S,S’)-, (text unchanged)

 

*The Department included in this list those trade names of which it was aware. An omission of a trade name does not imply that it is not hazardous. The material is hazardous if it is listed under its generic name.

 

F. — H. (text unchanged)

.19-2 Comparable Fuel and Synthesis Gas Fuel Exclusion — Implementation.

A.C. (text unchanged)

D. Blending to Meet the Viscosity Specification. A person seeking to exclude a waste from regulation as a solid waste under §A of this regulation shall ensure that a hazardous waste that is blended to meet the viscosity specification of Regulation .19-1B(1)(a)(ii) of this chapter:

(1) (text unchanged)

(2) Is blended at a facility that is subject to the applicable requirements of COMAR 26.13.05—26.13.07 and COMAR [26.13.03.05E]26.13.03.03-3—.03-10; and

(3) (text unchanged)

E. Treatment to Meet the Comparable Fuel Exclusion Specifications.

(1) A person may treat a hazardous waste to meet the exclusion specifications of Regulation .19-1B(1) of this chapter if the treatment:

(a) (text unchanged)

(b) Is performed at a facility that is subject to the applicable requirements of COMAR 26.13.05—26.13.07 and COMAR [26.13.03.05E]26.13.03.03-3—.03-10; and

(c) (text unchanged)

(2) (text unchanged)

F. Generation of a Syngas Fuel.

(1) A person may generate a syngas fuel by processing hazardous wastes to meet the exclusion specifications of Regulation .19-1B(2) of this chapter if the processing:

(a) (text unchanged)

(b) Is performed at a facility that is:

(i) Subject to the applicable requirements of COMAR 26.13.05—26.13.07 and COMAR [26.13.03.05E]26.13.03-3—.03-10; or

(ii) (text unchanged)

(c) (text unchanged)

(2) (text unchanged)

G. (text unchanged)

 

26.13.03 Standards Applicable to Generators of Hazardous Waste

Authority: Environment Article, Title 7, Subtitle 2, Annotated Code of Maryland

.01 Purpose, Scope, and Applicability.

A. These regulations establish standards for generators of hazardous waste[.], and include:

(1) Requirements that must be met in order for a generator to qualify for exemptions from specified requirements of COMAR 26.13; and

(2) Requirements that a generator must meet independently of those requirements that determine eligibility for a conditional exemption, with these independent requirements including:

(a) Hazardous waste determination and record keeping requirements of Regulations .02, .02-1, and .02-2 of this chapter;

(b) Determination of applicability of requirements of this chapter based on amounts of hazardous waste generated and amounts of hazardous waste accumulated, as specified in §§A-1 and A-2 of this regulation;

(c) Requirements concerning EPA identification numbers and renotification in Regulations .03—.03-2 of this chapter;

(d) Manifest requirements of Regulation .04 of this chapter;

(e) Pre-transport requirements of Regulation .05 of this chapter;

(f) Record keeping and reporting requirements of Regulation .06 of this chapter; and

(g) Requirements of 40 CFR Part 262 Subpart H, concerning transboundary movements of hazardous waste for recovery and disposal.

A-1. To determine the applicability of a provision of this chapter that depends on the amount of hazardous waste generated per calendar month, a person shall use the criteria of COMAR 26.13.02.05A(2) and (3) in calculating the amount of hazardous waste generated.

A-2. A person is subject to the requirements of this chapter if the person meets any of the following criteria:

(1) Generates 100 kilograms or more of hazardous waste in a calendar month;

(2) Accumulates, at any time, more than 100 kilograms of hazardous waste;

(3) Generates in a calendar month or accumulates at any time more than 1 kilogram of acute hazardous waste as specified in COMAR 26.13.02.05C(1), C(2), C(6,) and C(7);

(4) Generates in a calendar month or accumulates at any time:

(a) Any containers identified in COMAR 26.13.02.19C that are larger than 20 liters in capacity;

(b) 10 kilograms or more of inner liners from containers identified in COMAR 26.13.02.19C; or

(c) 100 kilograms or more of any residue or contaminated soil, waste, or other debris resulting from the cleanup of a spill into or onto any land or water of any acute hazardous waste listed in COMAR 26.13.02.16—.19.

A-3. Requirements for Maryland-defined Small Quantity Generators.

(1) A person who does not meet any of the criteria in §A-2 of this regulation is referred to as a “Maryland-defined small quantity generator”.

(2) A Maryland-defined small quantity generator is subject to the requirements of COMAR 26.13.02.05 rather than this chapter, except:

(a) For the requirements of Regulations .05-2 and .05-3 of this chapter, regarding episodic generation; and

(b) As specified in COMAR 26.13.02.05;

(3) A person’s eligibility to operate under the requirements applicable to Maryland-defined small quantity generators under COMAR 26.13.02.05 may be determined on a month-to-month basis, based on the amounts of hazardous waste and acute hazardous waste that:

(a) Are generated in a given month; and

(b) Have been accumulated on site at any time during that month.

(4) Renotification Requirements for Maryland-defined Small Quantity Generators. Except as provided in Regulation .03H of this chapter, a person in possession of an EPA identification number issued under Regulation .03B of this chapter is not required to notify the Department of a change in the person’s generator status if the generator status changes as a result of the person either newly qualifying as a Maryland-defined small quantity generator or no longer qualifying as a Maryland-defined small quantity generator. However, if the person expects the new status to remain unchanged for an extended period, the person is encouraged to notify the Department of the change in status by completing EPA Form 8700-12 with current information and submitting the revised form to the Department.

B. A generator who treats, stores, or disposes of hazardous wastes on-site shall [only] comply with the following sections of this chapter with regards to that waste:

(1) [Regulation .02 of this chapter for determining whether or not he has a hazardous waste;

(2) Regulation .03 for obtaining an identification number;

(3) Regulation .06A(3) and (4) for record keeping;

(4) Regulation .06D for additional reporting]Requirements identified in §A(2) of this regulation;

[(5)] (2) If applicable, Regulation .07-4 of this chapter for farmers; [and]

[(6) Regulation .05E for accumulation time.]

(3) Regulations .03-3—.03-10 of this chapter, concerning accumulation of hazardous waste; and

(4) Applicable requirements of §§C—J of this regulation.

[B-1. To determine the applicability of a provision of this chapter that depends on the amount of hazardous waste generated per calendar month, a person shall use the criteria of COMAR 26.13.02.05A(2) and (3) in calculating the amount of hazardous waste generated. ]

C. — D. (text unchanged)

E. A person who generates a hazardous waste as defined by COMAR 26.13.02 is subject to the compliance requirements and penalties prescribed in Environment Article, Title 7, Subtitle 2, Annotated Code of Maryland, if that person does not comply with the requirements of this chapter.[ A generator of a hazardous waste who treats, stores, or disposes of hazardous waste on-site shall comply with the applicable standards and permit requirements set forth in COMAR 26.13.05, 26.13.06, and 26.13.07.]

F. (text unchanged)

G.[ Regulation by Reference. Reference to 49 CFR in this chapter is to 49 CFR as it has been adopted as of October 1, 2007] A generator of hazardous waste who treats, stores, or disposes hazardous waste on-site shall comply with the applicable standards and permit requirements of COMAR 26.13.05, 26.13.06, and 26.13.07, but may be exempted from certain of these requirements under Regulation .03-4 of this chapter.

H. (text unchanged)

I. A generator subject to regulation under this chapter shall follow the notification requirements of Section 3010 of RCRA by complying with the requirements of Regulation .03A—C of this chapter, or, if applicable, Regulation .03F of this chapter.

J. (text unchanged)

.01-1 Federally-defined Hazardous Waste Generator Categories — Applicability in Maryland.

A. Federal hazardous waste regulations in 40 CFR Parts 260—270 define and use the terms very small quantity generator, small quantity generator, and large quantity generator. This regulation:

(1) Restates the definitions of the federally-defined hazardous waste generator categories;

(2) Identifies certain requirements for which the applicability of the requirements to a Maryland generator of hazardous waste depends on the generator’s federally-defined hazardous waste generator category; and

(3) Identifies certain reduced requirements that a Maryland generator of hazardous waste may take advantage of if the generator meets the federal definition of a small quantity generator.

B. Federal Categories for Hazardous Waste Generators. Under federal regulations at 40 CFR §260.10, a:

(1) “Very small quantity generator” is a generator who generates less than or equal to the following amounts in a calendar month:

(a) 100 kilograms (220 lbs) of nonacute hazardous waste;

(b) 1 kilogram (2.2 lbs) of acute hazardous waste listed in 40 CFR §261.31 or 40 CFR §261.33(e); and

(c) 100 kilograms (220 lbs) of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in 40 CFR §261.31 or 40 CFR §261.33(e);

(2) “Small quantity generator” is a generator who generates that following amounts in a calendar month:

(a) Greater than 100 kilograms (220 pounds) but less than 1,000 kilograms (2,200 pounds) of non-acute hazardous waste;

(b) Less than or equal to 1 kilogram (2.2 pounds) of acute hazardous waste listed in 40 CFR §261.31 or 40 CFR §261.33(e); and

(c) Less than or equal to 100 kilograms (220 pounds) of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in 40 CFR §261.31 or 40 CFR §261.33(e);

(3) “Large quantity generator” is a generator who generates any of the following amounts in a calendar month:

(a) Greater than or equal to 1,000 kilograms (2200 pounds) of non-acute hazardous waste;

(b) Greater than 1 kilogram (2.2 pounds) of acute hazardous waste listed in 40 CFR §261.31 or 40 CFR §261.33(e) of this chapter; or

(c) Greater than 100 kilograms (220 pounds) of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in 40 CFR §261.31 or 40 CFR §261.33(e).

C. A Maryland generator of hazardous waste shall:

(1) Determine the applicable generator category under federal regulations using the procedures in 40 CFR §262.13, except that the generator shall:

(a) Use the provisions of COMAR 26.13.02.05A(2) instead of the provisions of 40 CFR §262.13(c) in identifying waste that should not be counted in determining the federal generator category;

(b) Exclude from the quantity of waste that determines the generator’s federal generator category any hazardous waste that is regulated as a hazardous waste under Maryland regulations but not federal regulations; and

(c) Use the provisions of COMAR 26.13.02.05A(3)instead of the provisions of 40 CFR §262.13(d) in identifying the quantity of hazardous waste generated in a calendar month.

(2) Use the federal generator category determined under §C(1) of this regulation for the purposes of:

(a) Completing forms associated with:

(i) Obtaining an EPA identification number under Regulation .03 of this chapter;

(ii) Satisfying the renotification requirement of Regulation .03-1 of this chapter; and

(iii) Reactivating an EPA identification number under Regulation .03-2 of this chapter;

(b) Completing forms associated with the biennial report of hazardous waste activity required by Regulation .06B of this chapter; and

(c) Determining eligibility for exemptions from certain requirements that are available to persons who qualify as a small quantity generator under federal regulations, as specified in §D of this regulation.

D. Exemptions from Certain Requirements Based on a Generator’s Federal Generator Category. A generator who qualifies as a small quantity generator under federal regulations, and who does not accept hazardous waste from off site for consolidation under the provisions of Regulation .03-11 of this chapter, is not required to comply with:

(1) The requirement of Regulation .03-5D(1) of this chapter and COMAR 26.13.05.04D(2) regarding submission of copies of the contingency plan;

(2) The requirement of Regulation .03-5E of this chapter to prepare and distribute a quick reference guide to the facility contingency plan;

(3) The requirement of Regulation .03-6G(1) of this chapter that containers holding ignitable or reactive waste are to be located at least 15 meters (50 feet) from the facility property line;

(4) The requirements of Regulations .03-6J and .03-7B(1)(d) of this chapter to comply with air emissions standards in 40 CFR Part 265 Subparts AA, BB, and CC; and

(5) The closure notification requirements of regulation .05-2B of this chapter.

.02 Hazardous Waste Determination — Generator’s Obligations.

A. A person who generates a solid waste, as defined in COMAR 26.13.02.02[, shall determine if that waste is a hazardous waste using the following method:

(1) The person should first determine if the waste is excluded from regulation under COMAR 26.13.02.04—.04-5;

(2) The person shall then determine if the waste is listed as a hazardous waste in COMAR 26.13.02.15—.19;

Agency Note: Even if the waste is listed, the generator still has an opportunity under COMAR 26.13.02.09A(3) to demonstrate to the Secretary that the waste from his particular facility or operation is not a hazardous waste.

(3) If the waste is not listed as a hazardous waste in COMAR 26.13.02.15—.19, the person shall determine whether the waste is identified by either:

(a) Testing the waste according to the methods set forth in COMAR 26.13.02.10-.14, or according to an equivalent method approved by the Secretary under COMAR 26.13.01.04B; or

(b) Applying knowledge of the hazard characteristic of the waste in light of the materials or the processes used.]:

(1) Shall:

(a)Make an accurate determination as to whether that waste is a hazardous waste, with an accurate determination being a determination that allows the person to determine the requirements that are applicable to the waste and the generator of the waste under the provisions of COMAR 26.13.01—26.13.10 and federal hazardous waste regulations; and

(b) Take into account, when the determination required by §A(1)(a) of this regulation is made, changes in the properties of the waste that are known or likely to occur before the ultimate disposition of the waste due to:

(i) Exposure of the waste to the environment; or

(ii) Other factors;

(2) Shall, in complying with §A(1) of this regulation, make the determination for each solid waste:

(a) At the point of waste generation before any dilution, mixing, or other alteration of the waste occurs; and

(b) At any time in the course of the management of the waste when:

(i) The properties of the waste have, or may have, changed as a result of exposure of the waste to the environment or because of other factors; and

(ii) The change or potential change to the properties of the waste may cause a change to the classification of the waste made under §A(2)(a) of this regulation;

(3) May, subject to the requirements of §A(4) of this regulation, designate the solid waste to be a hazardous waste if the person:

(a) Assumes that the solid waste is a hazardous waste without having made a formal determination following the procedures in Regulation .02-1 of this chapter; or

(b) Has decided to voluntarily designate and manage the solid waste as a hazardous waste despite a determination, using the procedures in Regulation .02-1 of this chapter, that the waste does not have to be managed as a hazardous waste; and

(4) Shall, if the person has made the assumption that the waste is hazardous, as specified in §A(3)(a) of this regulation:

(a) Determine whether the waste is an acute hazardous waste, as specified in Regulation .02-1 of this chapter;

(b) Comply with the record keeping requirements of Regulation .02-2 of this chapter, if applicable; and

(c) Identify all hazardous wastes numbers that may be associated with the waste, in accordance with the requirements of §D(1) of this regulation, if applicable.

B. [If the person determines that the waste is a hazardous waste, the person shall refer to COMAR 26.13.02, 26.13.05, 26.13.06, and 26.13.10 for possible exclusions or restrictions pertaining to management of the specific waste.]A person making the determination required by §A of this regulation shall:

(1) Follow the procedures specified in Regulation .02-1 of this chapter in characterizing the waste; and

(2) Unless the person qualifies as a Maryland-defined small quantity generator, comply with the record keeping requirements specified in Regulation .02-2 of this chapter.

C. If the result of the determination required by §A of this regulation is that the waste is a hazardous waste, the generator of the waste shall refer to COMAR 26.13.02, 26.13.05, 26.13.06, and 26.13.10 for possible exclusions or restrictions pertaining to management of the specific waste.

D. A person who generates hazardous waste and who does not meet the criteria to be considered a Maryland-defined small quantity generator shall:

(1) Identify, for each hazardous waste generated, all hazardous waste numbers and EPA hazardous waste numbers, as specified in COMAR 26.13.02.11—.19, that apply to the hazardous waste; and

(2) Comply with the record keeping requirements of Regulation .02-2 of this chapter.

Agency Note: information from the complete determination of applicable hazardous waste numbers required by §D(1) of this regulation is needed in order to comply with the container marking requirements of Regulation .03-10 of this chapter.

.02-1 Hazardous Waste Determination — Procedures.

A. This regulation specifies procedures that a person shall follow in determining whether a solid waste is a hazardous waste, and establishes record keeping requirements with respect to hazardous waste determinations.

B. In order to determine whether a solid waste is a hazardous waste, a person shall, in accordance with the requirements of §§C—D of this regulation:

(1) Determine if the waste is excluded from regulation under COMAR 26.13.02.04—.04-5;

(2) If the waste is not excluded from regulation under COMAR 26.13.02.04—.04-5:

(a) Determine if the waste is listed as a hazardous waste in COMAR 26.13.02.15—.19; and

(b) Determine whether the waste exhibits any of the characteristics of hazardous waste specified in COMAR 26.13.02.10—.14.

C. To determine if a waste is listed as a hazardous waste in COMAR 26.13.02.15—.19, a person shall:

(1) Use knowledge of the waste to determine if the waste meets any of the listing descriptions in COMAR 26.13.02.10—.14; and

(2) Ensure that the information that the person uses in making the determination is sufficient to result in an accurate characterization that can serve as the basis for determining the management standards that apply, such as information on:

(a) The origin of the waste;

(b) Waste composition;

(c) The process that produced the waste;

(d) The feedstock for the process from which the waste is derived; and

(e) Other reliable and relevant information.

Agency Note: Even if the waste is listed as a hazardous waste, the generator still has an opportunity under 40 CFR 260.20 and 260.22 for a waste listed as hazardous by the federal government, and COMAR 26.13.01.04A and C for a Maryland-only listed waste, to demonstrate that the waste from the generator’s particular facility or operation does not meet the criteria for listing. However, the waste must be managed as a hazardous waste until a petition to delist the waste under these provisions is successful.

D. Determining Whether a Waste Exhibits a Characteristic of Hazardous Waste.

(1) To determine whether a waste exhibits a characteristic of hazardous waste, a person shall:

(a) Apply knowledge of the characteristics of the waste in accordance with §D(2) of this regulation;

(b) Test the waste in accordance with §D(3) of this regulation; or

(c) Use a combination of both application of knowledge of the waste and testing of the waste.

(2) In using knowledge of waste characteristics as the basis for determining whether a waste exhibits any of the characteristics of hazardous waste defined in COMAR 26.13.02.10—.14, a person:

(a) Shall apply knowledge of the hazard characteristics of the waste in light of the materials and the processes used to generate the waste;

(b) Shall ensure that the information that the person uses in making the determination is sufficient to result in an accurate characterization that can serve as the basis for determining the management standards that apply, relying on such things as:

(i) Process knowledge, such as information about the identities and properties of chemical feedstocks and other inputs to the production process and the transformations that occur as part of the process;

(ii) Knowledge of products, by-products, and intermediates produced by the manufacturing process;

(iii) Chemical or physical characteristics of wastes;

(iv) Information on the chemical and physical properties of the chemicals used or produced by the process or otherwise contained in the waste;

(v) Testing that illustrates the properties of the waste; or

(vi) Other reliable and relevant information about the properties of the waste or its constituents; and

(c) May use a test method other than a test method specified in COMAR 26.13.02.10—.14, or an equivalent test method approved by the Secretary under COMAR 26.13.01.04A and B, as part of the person’s knowledge if the person:

(i) Understands that such tests, by themselves, do not provide definitive results; and

(ii) Ensures that any testing that is performed is done on a representative sample as defined in COMAR 26.13.01.03B.

(3) If available knowledge is insufficient to allow an accurate determination of whether a waste exhibits a characteristic of hazardous waste, a person required to characterize the waste shall:

(a) Test the waste according to the applicable methods specified in COMAR 26.13.02.10—.14, or an equivalent test method approved by the Department under COMAR 26.13.01.04A and B; and

(b) Perform the testing on a representative sample as defined in COMAR 26.13.01.03B.

(4) The results from a properly performed test using a test method that is specified in COMAR 26.13.02.10—.14 are definitive for determining the regulatory status of the waste.

(5) If a person who is required to characterize a waste concludes, based on the person’s knowledge of the characteristics of the waste, that the waste does not exhibit a characteristic of hazardous waste specified in COMAR 26.13.02.10—.14, but subsequent testing of a representative sample of the waste using a test method specified in COMAR 26.13.02.10—.14 shows the waste to exhibit a characteristic of hazardous waste, the person is subject to any liability that applies as a result of the person’s mischaracterization of the waste.

.02-2 Hazardous Waste Determination Record Keeping Requirements.

A. A person who generates hazardous waste and who does not meet the criteria to be considered a Maryland-defined small quantity generator shall maintain records that support the generator’s hazardous waste determinations, including records that identify whether a solid waste is a hazardous waste as defined by COMAR 26.13.02.03.

B. Record Retention Period.

(1) A generator who is required under §A of this regulation to maintain records of a hazardous waste determination shall maintain the records for at least 3 years from the date that the waste was last sent to on-site or off-site treatment, storage, or disposal.

(2) The period of record retention specified in §B(1) of this regulation is extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the Department.

C. A person required to maintain records under §A of this regulation shall ensure that the records:

(1) Comprise the generator’s knowledge of the waste and support the generator’s determinations made in accordance with Regulation .02-1B—D of this chapter; and

(2) Include, at a minimum, the following types of information:

(a) The results of any tests, sampling, waste analyses, or other determinations made in accordance with Regulations .02 and .02-1 of this chapter;

(b) Records documenting the tests and sampling referenced in §C(2)(a) of this regulation, and information on analytical methods used to demonstrate the validity and relevance of such tests;

(c) Records that were consulted in order to determine the process by which the waste was generated, the composition of the waste, and the properties of the waste; and

(d) Records that explain the basis for the knowledge that the generator relied on in determining whether a waste exhibits a characteristic of hazardous waste, in accordance with Regulation .02-1D of this chapter.

.03 EPA Identification Numbers — General Requirements for Generators.

A. A generator may not treat, store, dispose of, transport, or offer for transportation, hazardous waste without having received an EPA identification number from the [Secretary] Department.

B. A generator who has not received an EPA identification number may obtain one by applying to the [Secretary] Department using EPA Form 8700-12 or another form specified by the Department.

C. Upon receiving [the]a request for an EPA identification number, the [Secretary] Department will:

(1) [assign]Assign an identification number to the generator[.]; or

(2) Inform the generator that an EPA identification number has previously been assigned to the site for which the generator is applying for a number, provide the previously assigned number to the generator, and instruct the generator to use the previously assigned number for the purposes of compliance with this chapter.

D. In completing EPA Form 8700-12, a generator:

(1) Shall determine the generator’s federally defined hazardous waste generator category as specified in Regulation .01-1B—C of this chapter; and

(2) May elect to identify on the form as being in a more stringently regulated category of generator than is actually the case based on the generator’s current rate of hazardous waste generation, such as identifying as a large quantity generator when the generator’s current rate of generation corresponds to the small quantity generator category.

[C.]E. A generator may not offer [his] the generator’s hazardous waste to transporters or to treatment, storage, or disposal facilities that have not received an EPA identification number.

F. A recognized trader may not arrange for import or export of hazardous waste without having received an EPA identification number from the Department.

G. Temporary EPA Identification Number.

(1) A generator who is required to obtain an EPA identification number in order for a shipment of hazardous waste to be made from a particular location may apply to the Department for a temporary EPA identification number if the location has not previously been issued an EPA identification number or a temporary EPA identification number.

(2) To obtain a temporary EPA identification number, a person shall contact the Department and provide the Department with any information that the Department considers to be relevant to the request for the temporary EPA identification number, including information on the site location, information about the generator, information about the waste, information about the person who will transport the waste, and information about the destination facility to which the waste will be sent.

(3) If additional hazardous waste is generated at the site subsequent to the completion of shipment off site of the hazardous waste that necessitated issuance of a temporary EPA identification number for the site, the generator:

(a) May not continue to use the temporary EPA identification number that had been issued for the site; and

(b) Shall obtain an EPA identification number for the site as specified in §B of this regulation, unless the generator is otherwise excluded from the requirement to obtain an EPA identification number for the site. <