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IN THIS ISSUE

General Assembly

Judiciary

Regulatory Review and

Evaluation

Regulations

Errata

General Notices

Volume 41 • Issue 1 • Pages 1—70

Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before December 23, 2013, 5 p.m. Pursuant to State Government Article, §7-206, Annotated Code of Maryland, I hereby certify that this issue contains all documents required to be codified as of December 23, 2013.

Brian Morris Acting Administrator, Division of State Documents

Office of the Secretary of State

Issue Date: January 10, 2014

Information About the Maryland Register and COMAR

MARYLAND REGISTER

The Maryland Register is an official State publication published

every other week throughout the year. A cumulative index is

published quarterly.

The Maryland Register is the temporary supplement to the Code of

Maryland Regulations. Any change to the text of regulations

published in COMAR, whether by adoption, amendment, repeal, or

emergency action, must first be published in the Register.

The following information is also published regularly in the

Register:

• Governor’s Executive Orders

• Attorney General’s Opinions in full text

• Open Meetings Compliance Board Opinions in full text

• State Ethics Commission Opinions in full text

• Court Rules

• District Court Administrative Memoranda

• Courts of Appeal Hearing Calendars

• Agency Hearing and Meeting Notices

• Synopses of Bills Introduced and Enacted by the General

Assembly

• Other documents considered to be in the public interest

CITATION TO THE MARYLAND REGISTER

The Maryland Register is cited by volume, issue, page number, and

date. Example:

• 19:8 Md. R. 815—817 (April 17, 1992) refers to Volume 19, Issue

8, pages 815—817 of the Maryland Register issued on April 17,

1992.

CODE OF MARYLAND REGULATIONS (COMAR)

COMAR is the official compilation of all regulations issued by

agencies of the State of Maryland. The Maryland Register is

COMAR’s temporary supplement, printing all changes to regulations

as soon as they occur. At least once annually, the changes to

regulations printed in the Maryland Register are incorporated into

COMAR by means of permanent supplements.

CITATION TO COMAR REGULATIONS

COMAR regulations are cited by title number, subtitle number,

chapter number, and regulation number. Example: COMAR

10.08.01.03 refers to Title 10, Subtitle 08, Chapter 01, Regulation 03.

DOCUMENTS INCORPORATED BY REFERENCE

Incorporation by reference is a legal device by which a document is

made part of COMAR simply by referring to it. While the text of an

incorporated document does not appear in COMAR, the provisions of

the incorporated document are as fully enforceable as any other

COMAR regulation. Each regulation that proposes to incorporate a

document is identified in the Maryland Register by an Editor’s Note.

The Cumulative Table of COMAR Regulations Adopted, Amended

or Repealed, found online, also identifies each regulation

incorporating a document. Documents incorporated by reference are

available for inspection in various depository libraries located

throughout the State and at the Division of State Documents. These

depositories are listed in the first issue of the Maryland Register

published each year. For further information, call 410-974-2486.

HOW TO RESEARCH REGULATIONS

An Administrative History at the end of every COMAR chapter gives

information about past changes to regulations. To determine if there have

been any subsequent changes, check the ‘‘Cumulative Table of COMAR

Regulations Adopted, Amended, or Repealed’’ which is found online at

www.dsd.state.md.us/CumulativeIndex.pdf. This table lists the regulations

in numerical order, by their COMAR number, followed by the citation to

the Maryland Register in which the change occurred. The Maryland

Register serves as a temporary supplement to COMAR, and the two

publications must always be used together. A Research Guide for Maryland

Regulations is available. For further information, call 410-260-3876.

SUBSCRIPTION INFORMATION

For subscription forms for the Maryland Register and COMAR, see

the back pages of the Maryland Register. Single issues of the

Maryland Register are $15.00 per issue.

CITIZEN PARTICIPATION IN

THE REGULATION-MAKING PROCESS

Maryland citizens and other interested persons may participate in

the process by which administrative regulations are adopted,

amended, or repealed, and may also initiate the process by which the

validity and applicability of regulations is determined. Listed below

are some of the ways in which citizens may participate (references

are to State Government Article (SG),

Annotated Code of Maryland):

• By submitting data or views on proposed regulations either orally

or in writing, to the proposing agency (see ‘‘Opportunity for Public

Comment’’ at the beginning of all regulations appearing in the

Proposed Action on Regulations section of the Maryland Register).

(See SG, §10-112)

• By petitioning an agency to adopt, amend, or repeal regulations.

The agency must respond to the petition. (See SG §10-123)

• By petitioning an agency to issue a declaratory ruling with respect

to how any regulation, order, or statute enforced by the agency

applies. (SG, Title 10, Subtitle 3)

• By petitioning the circuit court for a declaratory judgment

on the validity of a regulation when it appears that the regulation

interferes with or impairs the legal rights or privileges of the

petitioner. (SG, §10-125)

• By inspecting a certified copy of any document filed with the

Division of State Documents for publication in the Maryland

Register. (See SG, §7-213)

Maryland Register (ISSN 0360-2834). Postmaster: Send address changes and other mail to: Maryland Register, State House, Annapolis, Maryland

21401. Tel. 410-260-3876; Fax 410-280-5647. Published biweekly, with

cumulative indexes published quarterly, by the State of Maryland, Division of

State Documents, State House, Annapolis, Maryland 21401. The subscription

rate for the Maryland Register is $225 per year (first class mail). All

subscriptions post-paid to points in the U.S. periodicals postage paid at Annapolis, Maryland and additional mailing offices.

Martin O’Malley, Governor; John P. McDonough, Secretary of State;

Brian Morris, Acting Administrator; Gail S. Klakring, Senior Editor; Mary

D. MacDonald, Editor, Maryland Register and COMAR; Elizabeth Ramsey,

Editor, COMAR Online, and Subscription Manager; Tami Cathell, Help

Desk, COMAR and Maryland Register Online. Front cover: State House, Annapolis, MD, built 1772—79.

Illustrations by Carolyn Anderson, Dept. of General Services

Note: All products purchased are for individual use only. Resale or other compensated transfer of the information in printed or electronic

form is a prohibited commercial purpose (see State Government Article, §7-206.2, Annotated Code of Maryland). By purchasing a product, the

buyer agrees that the purchase is for individual use only and will not sell or give the product to another individual or entity.

Contents 3

MARYLAND REGISTER, VOLUME 41, ISSUE 1, FRIDAY, JANUARY 10, 2014

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

Maryland Register ........................................................................ 5

COMAR Research Aids Table of Pending Proposals .............................................................. 6

Index of COMAR Titles Affected in This Issue COMAR Title Number and Name Page

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

05 Department of Housing and Community

Development .................................................................... 12

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

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

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

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

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

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

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

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

27 Critical Area Commission for the Chesapeake and Atlantic

Coastal Bays .................................................................... 60

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

36 Maryland State Lottery and Gaming Control

Agency ............................................................................. 64

PERSONS WITH DISABILITIES Individuals with disabilities who desire assistance in using the

publications and services of the Division of State Documents are

encouraged to call (410) 974-2486, or (800) 633-9657, or FAX to

(410) 974-2546, or through Maryland Relay.

The Division of State Documents

DEPOSITORIES FOR DOCUMENTS INCORPORATED BY

REFERENCE ......................................................................... 9

The Judiciary

COURT OF APPEALS OF MARYLAND DISCIPLINARY PROCEEDINGS ..................................... 10

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

Regulatory Review and Evaluation

MARYLAND INSURANCE ADMINISTRATION LONG-TERM CARE

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

Final Action on Regulations

03 COMPTROLLER OF THE TREASURY INCOME TAX

Electronic Filing Requirements for Business Tax Credits ... 12 05 DEPARTMENT OF HOUSING AND COMMUNITY

DEVELOPMENT NEIGHBORHOOD BUSINESS DEVELOPMENT

Business Development Program .......................................... 12 Main Street Improvement Program ...................................... 12

COMMUNITY LEGACY Community Legacy Program ............................................... 12

09 DEPARTMENT OF LABOR, LICENSING, AND

REGULATION DIVISION OF LABOR AND INDUSTRY

Wage and Hour Law ............................................................ 12 BOARD OF ARCHITECTS

Fees ..................................................................................... 13 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE

HOSPITALS Related Institutions — Residential Treatment Centers for

Emotionally Disturbed Children and Adolescents ............ 13 Forensic Residential Centers (FRCs) ................................... 13 License Fee Schedule for Hospitals and Related

Institutions ........................................................................ 13 Intermediate Care Facilities for Individuals with

Intellectual Disabilities or Persons with Related

Conditions (ICF/IID) ........................................................ 13 ADULT HEALTH

Day Care for the Elderly and Adults with a Medical

Disability .......................................................................... 13 18 DEPARTMENT OF ASSESSMENTS AND TAXATION

REAL PROPERTY ASSESSMENTS Agricultural Use Assessments ............................................. 13

31 MARYLAND INSURANCE ADMINISTRATION HEALTH INSURANCE — GENERAL

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

Proposed Action on Regulations

03 COMPTROLLER OF THE TREASURY OFFICE OF THE COMPTROLLER

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

General Regulations ............................................................ 14 Individual ............................................................................ 14 Maryland Research Development Tax Credit...................... 14

07 DEPARTMENT OF HUMAN RESOURCES FAMILY INVESTMENT ADMINISTRATION

Correction of Payment Irregularities ................................... 16 08 DEPARTMENT OF NATURAL RESOURCES

FISHERIES SERVICE Snapping Turtles ................................................................. 17

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

BOATING — SPEED LIMITS AND OPERATION OF

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

10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE PROCEDURES

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

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

Public Swimming Pools and Spas ....................................... 20 CANCER CONTROL

Reimbursement for Breast and Cervical Cancer Diagnosis

and Treatment ................................................................... 28 Maryland Cancer Fund ........................................................ 33

BOARD OF NURSING Practice of Nurse Midwifery ............................................... 34

HEALTH SERVICES COST REVIEW COMMISSION Uniform Accounting and Reporting System for Hospitals

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

and Related Institutions .................................................... 36

Contents 4


11 DEPARTMENT OF TRANSPORTATION MARYLAND PORT ADMINISTRATION

The World Trade Center Baltimore Building and

Grounds ............................................................................ 37 MARYLAND TRANSPORTATION AUTHORITY

Transportation of Hazardous Materials ................................ 40 Permits for Towing, Road Service, and Storage of

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

Property ............................................................................ 41 21 STATE PROCUREMENT REGULATIONS

GENERAL PROVISIONS Terminology ........................................................................ 42 Applicability ........................................................................ 42

STATE PROCUREMENT ORGANIZATION Board of Public Works ........................................................ 42

STATE PROCUREMENT REGULATIONS AND

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

PROCUREMENT METHODS AND PROJECT DELIVERY

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

CONTRACT FORMATION AND AWARD Bid and Contract Security/Bonds ......................................... 42

SOCIOECONOMIC POLICIES Minority Business Enterprise Policies ................................. 42 Procurement from Maryland Correctional Enterprises, Blind

Industries and Services of Maryland, and Community

Service Providers ............................................................. 42 Miscellaneous Purchasing Preferences ................................ 42 American-Manufactured Goods and Services—Preference ... 42

PROCUREMENT REPORTING REQUIREMENTS Reporting Requirements ...................................................... 42

26 DEPARTMENT OF THE ENVIRONMENT REGULATION OF WATER SUPPLY, SEWAGE DISPOSAL,

AND SOLID WASTE Composting Facilities .......................................................... 47

27 CRITICAL AREA COMMISSION FOR THE

CHESAPEAKE AND ATLANTIC COASTAL BAYS CRITERIA FOR LOCAL CRITICAL AREA PROGRAM

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

31 MARYLAND INSURANCE ADMINISTRATION HEALTH INSURANCE — GENERAL

Uniform Claims Forms ........................................................ 63 Utilization Review of Treatment for Autism and Autism

Spectrum Disorders .......................................................... 63 36 MARYLAND STATE LOTTERY AND GAMING

CONTROL AGENCY LOTTERY PROVISIONS

Specific Game Provisions .................................................... 64 TABLE GAMES

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

Errata

COMAR 10.09.11.02 ............................................................... 67 COMAR 10.09.24.15 ............................................................... 67 COMAR 10.43.14.06 ............................................................... 67

General Notices

MARYLAND STATE ARTS COUNCIL Public Meeting .................................................................... 68

ATHLETIC COMMISSION Public Meeting .................................................................... 68

DEPARTMENT OF DISABILITIES/COMMISSION ON

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

BOARD OF MASTER ELECTRICIANS Public Meeting .................................................................... 68

STATE BOARD OF STATIONARY ENGINEERS Public Meeting .................................................................... 68

BOARD OF FORESTERS Public Meeting .................................................................... 68

DEPARTMENT OF HEALTH AND MENTAL HYGIENE Public Meeting .................................................................... 68

BOARD OF HEATING, VENTILATION, AIR-

CONDITIONING, AND REFRIGERATION

CONTRACTORS (HVACR) Public Meeting .................................................................... 68

FACILITIES ADVISORY BOARD — JUVENILE SERVICES Public Meeting .................................................................... 68

STATE ADVISORY BOARD FOR JUVENILE SERVICES Public Meeting .................................................................... 68

MARYLAND LOTTERY AND GAMING CONTROL

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

MARYLAND HEALTH CARE COMMISSION Public Meeting .................................................................... 68 Public Meeting .................................................................... 68 Public Meeting .................................................................... 69 Public Meeting .................................................................... 69 Notice of Request for Proposed Project Change to Approved

CON ................................................................................. 69 NORTHEAST MARYLAND WASTE DISPOSAL

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

TASK FORCE TO STUDY A POST LABOR DAY START

DATE FOR MARYLAND PUBLIC SCHOOLS Public Meeting .................................................................... 69

BOARD OF PUBLIC ACCOUNTANCY Public Meeting .................................................................... 69

STATE ADVISORY COUNCIL ON QUALITY CARE AT

THE END OF LIFE Public Meeting .................................................................... 69

COMMISSION OF REAL ESTATE APPRAISERS AND

HOME INSPECTORS Public Meeting .................................................................... 69

BOARD OF WATERWORKS AND WASTE SYSTEMS

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

WORKERS' COMPENSATION COMMISSION Public Meeting .................................................................... 69

Contents 5


COMAR Online The Code of Maryland Regulations is available at

www.dsd.state.md.us as a free service of the Office of the

Secretary of State, Division of State Documents. The full text

of regulations is available and searchable. Note, however, that

the printed COMAR continues to be the only official and

enforceable version of COMAR.

The Maryland Register is also available at

www.dsd.state.md.us.

For additional information, visit www.sos.state.md.us,

Division of State Documents, or call us at (410) 974-2486 or 1

(800) 633-9657.

Availability of Monthly List of

Maryland Documents The Maryland Department of Legislative Services

receives copies of all publications issued by State officers and

agencies. The Department prepares and distributes, for a fee, a

list of these publications under the title ‘‘Maryland

Documents’’. This list is published monthly, and contains

bibliographic information concerning regular and special

reports, bulletins, serials, periodicals, catalogues, and a variety

of other State publications. ‘‘Maryland Documents’’ also

includes local publications.

Anyone wishing to receive ‘‘Maryland Documents’’

should write to: Legislative Sales, Maryland Department of

Legislative Services, 90 State Circle, Annapolis, MD 21401.

CLOSING DATES AND ISSUE DATES

through JULY 25, 2014

Issue

Date

Emergency

and Proposed

Regulations

5 p.m.*

Final

Regulations

10:30 a.m.

Notices, etc.

10:30 a.m. January 24** January 6 January 14 January 13

February 7** January 17 January 29 January 27

February 21 February 3 February 12 February 10

March 7** February 14 February 26 February 24

March 21 March 3 March 12 March 10

April 4 March 17 March 26 March 24

April 18 March 31 April 9 April 7

May 2 April 14 April 23 April 21

May 16 April 28 May 7 May 5

May 30 May 12 May 21 May 19

June 13** May 23 June 4 June 2

June 27 June 9 June 18 June 16

July 11 June 23 July 2 June 30

July 25 July 7 July 16 July 14

* Due date for documents containing 8 to 18 pages — 48 hours

before date shown; due date for documents exceeding 18 pages — 1

week before date shown

NOTE: ALL DOCUMENTS MUST BE SUBMITTED IN

TIMES NEW ROMAN, 9 POINT, SINGLE-SPACED

FORMAT. THE REVISED PAGE COUNT REFLECTS

THIS FORMATTING.

** Note closing date changes

*** Note issue date and closing date changes

The regular closing date for Proposals and Emergencies is

Monday.

http://www.dsd.state.md.us/

http://www.sos.state.md/

6


Cumulative Table of COMAR Regulations Adopted, Amended, or Repealed

This table, previously printed in the Maryland Register lists the regulations, by COMAR title, that have been adopted, amended, or repealed in

the Maryland Register since the regulations were originally published or last supplemented in the Code of Maryland Regulations (COMAR).

The table is no longer printed here but may be found on the Division of State Documents website at www.dsd.state.md.us.

Table of Pending Proposals The table below lists proposed changes to COMAR regulations. The proposed changes are listed by their COMAR number, followed by a

citation to that issue of the Maryland Register in which the proposal appeared. Errata pertaining to proposed regulations are listed, followed by

“(err)”. Regulations referencing a document incorporated by reference are followed by “(ibr)”. None of the proposals listed in this table have

been adopted. A list of adopted proposals appears in the Cumulative Table of COMAR Regulations Adopted, Amended, or Repealed.

01 EXECUTIVE DEPARTMENT

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

02 OFFICE OF THE ATTORNEY GENERAL

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

03 COMPTROLLER OF THE TREASURY

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

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

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

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

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

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

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

07 DEPARTMENT OF HUMAN RESOURCES

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

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

08 DEPARTMENT OF NATURAL RESOURCES

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

09 DEPARTMENT OF LABOR, LICENSING, AND

REGULATION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE

Subtitles 01 — 08 (1st Volume)

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

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

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

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

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

PENDING PROPOSALS

7


Subtitle 09 (2nd volume)

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

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

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

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

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

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

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

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

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

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

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

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

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

Subtitles 10 — 22 (3rd Volume)

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

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

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

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

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

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

Subtitles 23 — 36 (4th Volume)

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

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

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

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

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

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

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

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

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

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

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

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

Subtitles 37—60 (5th Volume)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

11 DEPARTMENT OF TRANSPORTATION

Subtitles 01—10

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

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

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

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

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

Subtitles 11—22 (MVA)

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

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

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

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

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

12 DEPARTMENT OF PUBLIC SAFETY AND

CORRECTIONAL SERVICES

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

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

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

12.10.01.01,.02,.04,.05,.08,.11,.13—.18,

.20 • 40:14 Md. R. 1196 (7-12-13)

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

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

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

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

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

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

13A STATE BOARD OF EDUCATION

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

13B MARYLAND HIGHER EDUCATION COMMISSION

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

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

14 INDEPENDENT AGENCIES

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

14.09.01.05—.09,.18,.19,.21—.25,

.28 • 40:23 Md. R. 1959 (11-15-13)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

PENDING PROPOSALS

8


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

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

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

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

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

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

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

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

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

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

15 DEPARTMENT OF AGRICULTURE

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

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

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

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

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

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

21 STATE PROCUREMENT REGULATIONS

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

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

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

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

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

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

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

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

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

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

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

22 STATE RETIREMENT AND PENSION SYSTEM

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

23 BOARD OF PUBLIC WORKS

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

24 DEPARTMENT OF BUSINESS AND ECONOMIC

DEVELOPMENT

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

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

26 DEPARTMENT OF THE ENVIRONMENT

Subtitles 01—07 (Part 1)

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

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

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

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

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


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

26.08.02.01,.02,.02-1,.03-2,.03-3,.04,.04-1,.07,.08,

.11 • 40:25 Md. R. 2107 (12-13-13)

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

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

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

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

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


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

27 CRITICAL AREA COMMISSION FOR THE

CHESAPEAKE AND ATLANTIC COASTAL BAYS

27.01.02.01,.01-1,.05-1,.05-2,.06,.06-1,.06-2,.06-3,

.06-4 • 41:1 Md. R. 60 (1-10-14)

29 DEPARTMENT OF STATE POLICE

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

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

30 MARYLAND INSTITUTE FOR EMERGENCY MEDICAL

SERVICES SYSTEMS (MIEMSS)

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

31 MARYLAND INSURANCE ADMINISTRATION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

36 MARYLAND STATE LOTTERY AND GAMING

CONTROL AGENCY

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

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

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

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

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

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

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

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

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

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

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

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

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

9


The Division of State Documents

DEPOSITORIES FOR DOCUMENTS

INCORPORATED BY REFERENCE Depositories for Documents Incorporated by Reference

into the Code of Maryland Regulations (COMAR)

Annapolis

MD Department of Legislative Services

90 State Circle (21401)

Contact: Cynthia Stiverson

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

800-492-7111 x5400 (MD only)

FAX 410-946-5405

MD State Archives

350 Rowe Blvd. (21401)

Contact: Christine Alvey

410-260-6438

FAX 410-974-3895

MD State Law Library

Robert C. Murphy Courts of Appeal

Bldg. 361 Rowe Blvd. (21401)

Contact: Mary Jo Lazun

410-260-1430, 888-216-8156

FAX 410-974-2063

Baltimore

State Library Resource Center

Enoch Pratt Free Library

400 Cathedral St. (21201)

Contact: State Depository and Distribution Program

410-396-1789

FAX 410-396-4570

Law Library

University of Baltimore

1401 North Charles Street

(21201)

Contact: Patricia Behles

410-837-4559

FAX 410-837-4570

Thurgood Marshall Law Library

University of Md. Francis King Carey School of Law

501 W. Fayette Street (21201)

Contact: Rachel Hradecky

410-706-2736

FAX 410-706-2372

Charlotte Hall

Southern MD Regional Library

37600 New Market Rd.

(20622)

P.O. Box 459 (20622)

Contact: Pat Ward

301-934-9442

FAX 301-884-0438

College Park

Hornbake Library

University of MD

Marylandia and Rare Books Department (20742)

Contact: Ann Hudak

301-405-9210

FAX 301-314-2709

Frostburg

Frostburg State University

Lewis J. Ort Library

1 Stadium Drive (21532)

Contact: Lisa Hartman

301-687-4734

FAX 301-687-7069

Hagerstown

Government Reference Service of Washington County Free Library

100 South Potomac Street (21740)

Contact: Harry Sachs

301-739-3250 x 149

FAX 301-739-5839

Largo

Prince George's Community College Library

301 Largo Road (20774)

Contact: Priscilla Thompson

301-322-0468

FAX 301-808-8847

Princess Anne

Frederick Douglass Library

University of MD Eastern Shore

(21853)

Contact: Cynthia Nyirenda

410-651-7540

FAX 410-651-6269

Rockville

Montgomery County Public Library

Rockville Branch 21

Maryland Avenue (20850)

Contact: Caren Genison-Perilman

240-777-0170

FAX 240-777-0155

Salisbury

Salisbury University

Blackwell Library

College and Camden Avenues (21801)

Contact: Martha Zimmerman

410-543-6234

FAX 410-543-6203

Towson

Albert S. Cook Library

Towson University

8000 York Road (21252)

Contact: Carl Olson

410-704-3267

FAX 410-704-3829

Washington, D.C.

Library of Congress

Anglo-American Acquisitions Division

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

Contact: Richard Yarnall

202-707-9470

FAX 202-707-0380

10


The Judiciary

COURT OF APPEALS OF

MARYLAND

DISCIPLINARY PROCEEDINGS This is to certify that by an Order of the Court dated December 16,

2013, LATOSHA J. COOPER, 23 Rock Glenn Road, Havre de

Grace, Maryland 21078, has been disbarred by consent, from the

further practice of law in the State, and her name as an attorney at

law has been stricken from the register of attorneys in this Court

(Maryland Rule 16-772(d)).

* * * * * * * * * *

This is to certify that by Order of the Court dated December 18,

2013, ALISON VELEZ LANE, 3000 Auchentoroly Terrace,

Baltimore, Maryland 21217, has been placed on inactive status by

consent, effective immediately, from the further practice of law in the

State, and her name as an attorney at law has been stricken from the

register of attorneys in this Court (Maryland Rule 16-772 (d)).

* * * * * * * * * *

This is to certify that by an Order of the Court dated December 19,

2013, HAROLD LOCKWOOD BOYD, III, 8771 Grassland Court,

Waldorf, Maryland 20603, has been replaced upon the register of

attorneys in the Court of Appeals as of December 19, 2013. Notice

of this action is certified in accordance with Maryland Rule 16-

781(l).

* * * * * * * * * *

This is to certify that by Order of the Court dated December 19,

2013, STEPHANIE YVONNE BRADLEY, AKA STEPHANIE Y.

BRADLEY, 300 Decatur Street, NW, Washington, DC 20011-4710,

has been indefinitely suspended, effective immediately from the

further practice of law in the State, and her name as an attorney at

law has been stricken from the register of attorneys in this Court

(Maryland Rule 16-773(d)).

* * * * * * * * * *

This is to certify that the name THOMAS PATRICK DORE,

11350 McCormick Road, Suite 200, Hunt Valley, Maryland 21031,

has been replaced upon the register of attorneys in the Court of

Appeals as of December 20, 2013. Notice of this action is certified in

accordance with Maryland Rule 16-781(l).

[14-01-29]

SCHEDULE Thursday, February 6, 2014

Bar Admissions

No. 54 Chadwick Michael Nalls v. State of Maryland

No. 71 Devon Edward Morgan v. State of Maryland

No. 95 Justin Allen Melvin v. State of Maryland

No. 61 James Szwed v. State of Maryland

Friday, February 7, 2014

No. 46 Wardell Monroe Brooks v. State of Maryland

No. 55 Blackburn Limited Partnership d/b/a Country Place

Apartments, et al. v. Alicia Daley Paul

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

Monday, February 10, 2014

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

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

No. 23 David Bernstein v. William Ely

Tuesday, February 11, 2014

AG 49 Attorney Grievance Commission of Maryland v.

(2012 T) Joseph Lee Friedman

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

No. 59 Victoria Falls Committee for Truth in Taxation, LLC, et

al. v. Prince George’s County, Maryland

On the day of argument, counsel are instructed to register in the

Clerk’s Office no later than 9:30 a.m. unless otherwise notified.

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

BESSIE M. DECKER

Clerk

11


Regulatory Review and Evaluation Regulations promulgated under the Administrative Procedure Act will undergo a review by the promulgating agency in accordance with the

Regulatory Review and Evaluation Act (State Government Article, §§10-130 — 10-139; COMAR 01.01.2003.20). This review will be

documented in an evaluation report which will be submitted to the General Assembly’s Joint Committee on Administrative, Executive, and

Legislative Review. The evaluation reports have been spread over an 8-year period (see COMAR 01.01.2003.20 for the schedule). Notice that

an evaluation report is available for public inspection and comment will be published in this section of the Maryland Register.

TITLE 31

MARYLAND INSURANCE

ADMINISTRATION

Subtitle 14 LONG-TERM CARE Opportunity for Public Comment

In accordance with the Regulatory Review and Evaluation Act,

State Government Article, §§10-130—10-139, Annotated Code of

Maryland, the Maryland Insurance Administration (MIA) is

reviewing and evaluating certain regulations codified within Subtitle

14 of Title 31 of the Code of Maryland Regulations, entitled Long-

Term Care. The purpose of the review and evaluation is to determine

whether existing regulations continue to accomplish the purposes for

which they were adopted, clarify ambiguous or unclear language, and

repeal obsolete or duplicative provisions.

Chapters being reviewed include:

31.14.02 Long-Term Care Insurance — Premium Rates and

Reserves

Interested parties may submit comments to Nancy Egan, Assistant

Director of Government Relations, and transmitted by mail to 200 St.

Paul Place, Suite 2700, Baltimore, MD 21202; by fax to (410) 468-

2020; or by email to [email protected].

Comments must be received by January 31, 2014.

[13-26-11]

mailto:[email protected]?subject=COMAR%2031.14

mailto:[email protected]

12


Final Action on Regulations

Symbol Key

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

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

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

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

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

Title 03

COMPTROLLER OF THE

TREASURY

Subtitle 04 INCOME TAX

03.04.15 Electronic Filing Requirements for

Business Tax Credits

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

Maryland

Notice of Final Action

[13-341-F]

On December 18, 2013, the Comptroller of the Treasury adopted

new Regulations .01—.03 under COMAR 03.04.15 Electronic

Filing Requirements for Business Tax Credits. This action, which

was proposed for adoption in 40:22 Md. R. 1880—1881 (November

1, 2013), has been adopted as proposed.

Effective Date: January 20, 2014.

PETER FRANCHOT

Comptroller of the Treasury

Title 05

DEPARTMENT OF HOUSING

AND COMMUNITY

DEVELOPMENT

Subtitle 13 NEIGHBORHOOD

BUSINESS DEVELOPMENT


[13-327-F]

On December 16, 2013, the Secretary of Housing and Community

Development adopted:

(1) Amendments to Regulations .03, .06, and .11 and the repeal

of Regulation .09 under COMAR 05.13.01 Business Development

Program; and

(2) Amendments to Regulation .02 under COMAR 05.13.02

Main Street Improvement Program.

This action, which was proposed for adoption in 40:21 Md. R.

1782—1783 (October 18, 2013), has been adopted as proposed.


RAYMOND A. SKINNER

Secretary of Housing and Community Development

Subtitle 17 COMMUNITY LEGACY

05.17.01 Community Legacy Program

Authority: Housing and Community Development Article, Title 6, Subtitle 2,

Annotated Code of Maryland


[13-328-F]

On December 16, 2013, the Secretary of Housing and Community

Development adopted amendments to Regulation .05 under COMAR

05.17.01 Community Legacy Program. This action, which was

proposed for adoption in 40:21 Md. R. 1783—1784 (October 18,

2013), has been adopted as proposed.


RAYMOND A. SKINNER

Secretary of Housing and Community Development

Title 09

DEPARTMENT OF LABOR,

LICENSING, AND

REGULATION

Subtitle 12 DIVISION OF LABOR AND

INDUSTRY

09.12.41 Wage and Hour Law

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

Maryland


[13-316-F]

On December 17, 2013, the Commissioner of Labor and Industry

adopted amendments to Regulation .19 under COMAR 09.12.41

Wage and Hour Law. This action, which was proposed for adoption

in 40:21 Md. R. 1801—1802 (October 18, 2013), has been adopted as

proposed.


J. RONALD DEJULIIS

Commissioner of Labor and Industry

FINAL ACTION ON REGULATIONS

13


Subtitle 21 BOARD OF ARCHITECTS

09.21.04 Fees

Authority: Business Regulation Article, §§2-106, 2-106.1, and 2-106.2;

Business Occupations and Professions Article, §§3-101, 3-208, 3-209, 3-306, 3-307, 3-309, and 3-310; Annotated Code of Maryland


[13-282-F]

On December 16, 2013, the Board of Architects adopted an

amendment to Regulation .03 under COMAR 09.21.04 Fees. This

action, which was proposed for adoption in 40:19 Md. R. 1554-1555

(September 20, 2013), has been adopted as proposed.


DIANE CHO

Chair

State Board of Architects

Title 10

DEPARTMENT OF HEALTH

AND MENTAL HYGIENE Notice of Final Action

[13-146-F]

On December 19, 2013, the Secretary of Health and Mental

Hygiene adopted amendments to:

(1) Regulation .02 under COMAR 10.07.04 Related

Institutions — Residential Treatment Centers for Emotionally

Disturbed Children and Adolescents;

(2) Regulations .02 and .04 under COMAR 10.07.13 Forensic

Residential Centers (FRCs);

(3) Regulations .01 and .03 under COMAR 10.07.15 License

Fee Schedule for Hospitals and Related Institutions;

(4) Regulations .01 — .03 under COMAR 10.07.20

Intermediate Care Facilities for Individuals with Intellectual

Disabilities or Persons with Related Conditions (ICF/IID); and

(5) Regulation .02 under COMAR 10.12.04 Day Care for the

Elderly and Adults with a Medical Disability.

This action, which was proposed for adoption in 40:11 Md. R.

988—989 (May 31, 2013), has been adopted as proposed.


JOSHUA M. SHARFSTEIN, M.D.

Secretary of Health and Mental Hygiene

Title 18

DEPARTMENT OF

ASSESSMENTS AND

TAXATION

Subtitle 02 REAL PROPERTY

ASSESSMENTS

18.02.03 Agricultural Use Assessments

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

of Maryland


[13-335-F]

On December 20, 2013, the Director of Assessments and Taxation

adopted amendments to Regulation .04 under COMAR 18.02.03

Agricultural Use Assessments. This action, which was proposed for

adoption in 40:22 Md. R. 1887 (November 1, 2013), has been

adopted as proposed.


ROBERT E. YOUNG

Director of Assessments and Taxation

Title 31

MARYLAND INSURANCE

ADMINISTRATION

Subtitle 10 HEALTH INSURANCE —

GENERAL

31.10.26 Uniform Credentialing Form

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


[13-249-F]

On December 13, 2013, the Insurance Commissioner adopted

amendments to Regulation .03 under COMAR 31.10.26 Uniform

Credentialing Form. This action, which was proposed for adoption

in 40:18 Md. R. 1515—1516 (September 6, 2013), has been adopted

as proposed.


THERESE M. GOLDSMITH

Insurance Commissioner

14


Proposed Action on Regulations

Title 03

COMPTROLLER OF THE

TREASURY Notice of Proposed Action

[14-001-P]

The Comptroller of the Treasury proposes to amend:

(1) Regulations .02 and .05 under COMAR 03.01.02 Tax

Payments — Immediately Available Funds;

(2) Regulation .01 under COMAR 03.04.01 General

Regulations;

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

03.04.02 Individual; and

(4) Regulations .01, .04, and .08 under COMAR 03.04.10

Maryland Research Development Tax Credit.

Statement of Purpose

The purpose of this action is to change the place where taxpayers

may remit payment in immediately available funds by physical

delivery, to clarify references to forms to add out-of-State employees

as defined under Public Safety Article, §14-219, Annotated Code of

Maryland to the list of individuals not subject to certain withholding

requirements so to be consistent with the code, to reflect the

recognition of same sex marriage at the federal and State level, to

update language so as to be consistent with the code, to remove the

reference to “poultry or livestock manure-spreading equipment

expenses”, and to be consistent with House Bill 386 (Chapter 386,

Acts of 2013).

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has a meaningful economic impact on small

business. An analysis of this economic impact follows.

.01, .04, .08 under COMAR 03.04.10: The regulation has no impact,

though the statute that expanded this to small businesses did. This

now allows a small business, as defined in the section, to claim a

refund for the credit amount in excess of State tax due instead of a

carry forward amount. This is a timing issue and will not materially

impact State revenues, however, the impact on small business can

potentially be meaningful.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Rhea R. Reed, Director, Revenue

Administration Division, Comptroller of the Treasury, 110 Carroll

Street, Annapolis, MD 21411, or call 410-260-7445, or email to

[email protected], or fax to 410-974-3456. Comments will be

accepted through February 10, 2014. A public hearing has not been

scheduled.

Subtitle 01 OFFICE OF THE

COMPTROLLER

03.01.02 Tax Payments — Immediately

Available Funds

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

.02 Requirements for Payment by Immediately Available Funds.

A.—E. (text unchanged)

F. A taxpayer may satisfy the obligation to remit payment in

immediately available funds by physical delivery of U.S. currency,

with the appropriate return, on or before 1 p.m. on the due date of the

obligation, to the Comptroller of the Treasury, [110 Carroll Street,

Annapolis, MD 21411] 301 West Preston Street, Baltimore, MD

21201.

G.—I (text unchanged)

For information concerning citizen participation in the regulation-making process, see inside front cover.

Symbol Key

• Roman type indicates existing text of regulation.

• Italic type indicates proposed new text.

• [Single brackets] indicate text proposed for deletion.

Promulgation of Regulations

An agency wishing to adopt, amend, or repeal regulations must first publish in the Maryland Register a notice of proposed action, a

statement of purpose, a comparison to federal standards, an estimate of economic impact, an economic impact on small businesses, a notice

giving the public an opportunity to comment on the proposal, and the text of the proposed regulations. The opportunity for public comment

must be held open for at least 30 days after the proposal is published in the Maryland Register.

Following publication of the proposal in the Maryland Register, 45 days must pass before the agency may take final action on the

proposal. When final action is taken, the agency must publish a notice in the Maryland Register. Final action takes effect 10 days after the

notice is published, unless the agency specifies a later date. An agency may make changes in the text of a proposal. If the changes are not

substantive, these changes are included in the notice of final action and published in the Maryland Register. If the changes are substantive,

the agency must repropose the regulations, showing the changes that were made to the originally proposed text.

Proposed action on regulations may be withdrawn by the proposing agency any time before final action is taken. When an agency

proposes action on regulations, but does not take final action within 1 year, the proposal is automatically withdrawn by operation of law,

and a notice of withdrawal is published in the Maryland Register.

PROPOSED ACTION ON REGULATIONS

15


.05 Miscellaneous Filing and Reporting Provisions.

A. A person making a tax payment using the ACH credit, ACH

debit, direct debit, or wire transfer method shall file the following

returns:

(1) For Maryland individual income tax withholding:

(a)—(b) (text unchanged)

(c) Amended Employer’s Return of Income Tax Withheld

using Form MW506A (COM/RAD-062) or for accelerated filers

using Form MW506AM (COM/RAD-312);

(2) (text unchanged)

(3) For Maryland motor fuel-related taxes:

(a) Dealer Tax Return Form GTD-1 (COM/RAD-083) and

all applicable supporting schedules and worksheets;

(b) Special Fuel User/Seller Tax Return Form GTD-300

(COM/RAD-084) and all applicable supporting schedules and

worksheets; and

(c) Special Return—Jet Fuel and Aviation Gas Only Form

COT/MFT-013 (COM/RAD-086) and all applicable supporting

schedules and worksheets.

B. A person making tax payments using the ACH credit, ACH

debit, direct debit, or wire transfer method may not file the

corresponding returns or reports if the payment was for any of the

following:

(1)—(3) (text unchanged)

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

C. (text unchanged)

Subtitle 04 INCOME TAX

03.04.01 General Regulations

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

.01 Withholding of Tax at Source.

A.—B. (text unchanged)

C. Withholding Not Required. Withholding of Maryland income

tax is not required with respect to compensation, salary, or wages

paid for personal services rendered or performed by:


(3) Any employee who has furnished a withholding exemption

certificate Form MW 507 to his employer certifying that he:

(a) (text unchanged)

(b) Expects to incur no income tax liability for the current

taxable year; [and]

(4) A nonresident individual subject to the Servicemembers

Civil Relief Act, as amended by the Military Spouses Residency

Relief Act:


(b) Who is present in Maryland solely to be with the military

spouse; [and]

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

(5) Out-of-state employees as defined under Public Safety

Article, §14-219, Annotated Code of Maryland.

D.—G. (text unchanged)

03.04.02 Individual

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

Code of Maryland

.02 Resident Filing Status.


C. A [husband and wife] married couple who files a joint federal

income tax return may file separate State income tax returns if:


.03 Nonresident Filing Status.


C. A [husband and wife] married couple who files a joint federal

income tax return may file separate State income tax returns if:


D. (text unchanged)

.06 Maryland Adjusted Gross Income of a Nonresident

Individual.


C. Subtractions from Federal Adjusted Gross Income. To the

extent included in computing federal adjusted gross income, the

following are subtracted from the federal adjusted gross income of a

nonresident individual to determine Maryland adjusted gross income:


(2) Amounts derived from:


(c) [Conservation tillage equipment] Enhanced agricultural

management equipment expenses as provided for under Tax-General

Article, §10-208(d), to the extent that the expenses are incurred for

conservation of land located in this State;

(d)—(h) (text unchanged)

(i) [Poultry or livestock manure-spreading equipment

expenses as provided for under Tax-General Article, §10-208(m),

Annotated Code of Maryland, if the equipment is used only in this

State, and if the taxpayer:

(i) (text unchanged)

(ii) Owns the spreading equipment for at least 3 years

after the taxable year in which the subtraction is made; and

(j)]The amount by which the cost difference between a

conventional on-site sewage disposal system and a system that

utilizes nitrogen removal technology exceeds the amount of

assistance the individual receives from the Department of the

Environment under the Environment Article, §9-1108, Annotated

Code of Maryland; and


D. (text unchanged)

.15 Maryland College Investment Plan.

A. (text unchanged)

B. Subtraction Modification.


(2) [If a husband and wife each] For a married couple, if each

spouse makes a contribution of at least $2,500 to an investment

account for the same qualified designated beneficiary, and the couple

files a joint Maryland income tax return, the subtraction modification

for the couple on the joint return is $5,000.

C. (text unchanged)

.16 Limitation for Resident.


C. Resident with Nonresident Spouse.

(1) If a [husband and wife]married couple files a joint federal

income tax return but elect to file separate income tax returns

pursuant to Regulation .02 of this chapter, or if the nonresident

spouse is not required to file an income tax return, then the resident

individual may, unless the Comptroller requires or allows another

method:


(c) Claim a prorated amount of the itemized deductions

claimed on the federal income tax return by using a fraction, the:


(ii) Denominator of which is the [husband’s and wife’s]

married couple’s joint federal adjusted gross income.



16


03.04.10 Maryland Research and Development

Tax Credit

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

Maryland

.01 Definitions.

A. (text unchanged)

B. Terms Defined.


(11) “Small business” means a for-profit corporation, limited

liability company, partnership, or sole proprietorship with net book

value assets totaling, at the beginning or the end of the taxable year

for which Maryland qualified research and development expenses are

incurred, as reported on the balance sheet, less than $5,000,000.

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

.04 Maximum Annual Credits.

A. Except as provided in §D of this regulation, the total amount of

basic credits approved by the Department under Regulations .02C(1)

and .03C(1) of this chapter may not exceed [$3,000,000] $4,000,000

for any calendar year.

B. For any calendar year, if the total amount of basic credits

applied for by all business entities is less than [$3,000,000]

$4,000,000, the maximum growth credit specified under §C of this

regulation shall be increased for that calendar year by the amount

equal to [$3,000,000] $4,000,000 minus the total amount of the basic

credits applied for by all business entities.

C. Except as provided in §B of this regulation, the total amount of

growth credits approved by the Department under Regulations

.02C(2) and .03C(2) of this chapter may not exceed [$3,000,000]

$4,000,000 for any calendar year.

D. For any calendar year, if the total amount of growth credits

applied for by all business entities is less than [$3,000,000]

$4,000,000, the maximum basic credit specified under §A of this

regulation shall be increased for that calendar year by the amount

equal to [$3,000,000] $4,000,000 minus the total amount of the

growth credits applied for by all business entities.

.08 Carryover of Tax Credits.

A. [If] Except as provided in §C of this regulation, if the credit

allowed in any taxable year exceeds the State income tax for that

taxable year, a taxpayer may apply the excess as a credit against the

State income tax for succeeding taxable years until the earlier of:


B. (text unchanged)

C. If the credit allowed in any taxable year exceeds the State

income tax for that taxable year, a small business may claim a refund

in the amount of the excess.

PETER FRANCHOT

Comptroller of the Treasury

Title 07

DEPARTMENT OF HUMAN

RESOURCES

Subtitle 03 FAMILY INVESTMENT

ADMINISTRATION

07.03.14 Correction of Payment Irregularities

Authority: [Article 88A, §16A] Human Services Article, §§4-207, 4-303, 5-207, and 5-607, Annotated Code of Maryland (Agency Note: Federal

Regulatory Reference 45 CFR 233.20(a)(12))

Notice of Proposed Action

[14-017-P]

The Secretary of the Department of Human Resources proposes to

amend Regulations .04 and .05 under COMAR 07.03.14 Correction

of Payment Irregularities.


The purpose of this action is to replace references to a former

division within the Office of the Inspector General and incorporate a

name change for the program formerly known as Food Stamps.






The proposed action has minimal or no economic impact on small

businesses.




Comments may be sent to Andrea Shuck, Regulations

Coordinator, Department of Human Resources, 311 W. Saratoga St.,

room 265, Baltimore, MD 21201, or call 410-767-2149, or email to

[email protected], or fax to 410-333-0637. Comments

will be accepted through February 10, 2014. A public hearing has not

been scheduled.

.04 Suspected Fraud Procedures.

A. When the local department suspects fraud, the local department

shall refer the case to the [Division of Special Investigations (DSI) of

the] Office of the Inspector General (OIG) or directly to the local

State’s Attorney Office (SAO).

B. (text unchanged)

C. After a referral has been made, the local department shall

inform the [DSI] OIG or the SAO of any newly discovered facts or

changed circumstances in the case.

D. (text unchanged)

E. The local department may not give notice to an applicant or

recipient of any referral to [DSI] OIG or SAO for action on suspected

fraud except that the local department representative may answer

“yes” or “no” when the recipient asks whether referral has been

made.

F. (text unchanged)


17


.05 Recoupment Procedures.

A. —B. (text unchanged)

C. Local Department Action with Respect to Specific Situation.

The local department:

(1) Shall handle any improper food [stamp] supplement

issuance in accordance with COMAR 07.03.17.53—.55;

(2) — (5) (text unchanged)

TED DALLAS

Secretary of Human Resources

Title 08

DEPARTMENT OF NATURAL

RESOURCES

Subtitle 02 FISHERIES SERVICE

08.02.06 Snapping Turtles

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


[14-019-P]

The Secretary of Natural Resources proposes to amend Regulation

.01 under COMAR 08.02.06 Snapping Turtles.


The purpose of this action is to implement changes to the snapping

turtle fishery. The action establishes a declaration period for the

commercial snapping turtle permit. Having a set declaration period

will reduce the staff time needed to manage the fishery because

licensees may currently enter the fishery at any point in the year. In

addition, the action will clarify recreational licensing requirements.

Previously there has been confusion as to whether a recreational

fisherman needed a license to take a snapping turtle. This action

makes clear that a fishing license is required to take a snapping turtle

in nontidal waters, but is not required in tidal waters. The reason for

the difference in license requirements is that the enabling law for the

tidal recreational fishing license, Natural Resource Article, §4-745,

Annotated Code of Maryland, applies only to “finfish”. As snapping

turtles are not finfish, a tidal recreational fishing license is not

required for recreational harvest. Conversely, the enabling law for the

nontidal recreational fishing license, Natural Resources Article, §4-

604, Annotated Code of Maryland, applies to “fish”. Snapping turtles

fall into the category of “fish”, so a nontidal recreational fishing

license is required for recreational harvest. Last, the regulation

clarifies that commercial snapping turtle permits are valid for the

listed month and provides a permittee the ability to request a hearing

if a permit is denied or suspended.




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

economic impact.

Revenue (R+/R-)

II. Types of Economic

Impact.

Expenditure

(E+/E-) Magnitude

A. On issuing agency:

Declaration period

effect on permit fees NONE Indeterminable

B. On other State

agencies: NONE

C. On local governments: NONE

Benefit (+)

Cost (-) Magnitude

D. On regulated industries or trade groups:

(1) Individuals

declaring but not harvesting (-) Indeterminable

(2) Individuals locked

out from harvesting (-) Indeterminable

E. On other industries or

trade groups: NONE

F. Direct and indirect

effects on public: NONE

III. Assumptions. (Identified by Impact Letter and Number from

Section II.)

A. It is not possible to know how the declaration period will affect

permit fees received by the Department. There are a handful of

dedicated turtle harvesters whom the declaration period will have no

effect on because they know they will harvest turtles and will declare

as such when they renew their license. For the rest of the licensees

who have harvested turtles in the past, some will likely declare for

the permit, pay the permit fee and not participate in the fishery. This

would result in a revenue increase for the Department as those

individuals would probably not have purchased the permit if they

could declare in the fishery at any time. On the other side, some

individuals who may want to participate in the fishery may not make

that decision until after the declaration period has closed and be shut

out from the fishery for that year. This would result in a revenue

decrease for the Department as those individuals would have

purchased the permit but would now not be able to because of the

declaration period. The snapping turtle fishery is typically a

secondary fishery that licensees turn to when other fisheries are not

performing as expected. While there is ultimately no way for the

Department to know how the declaration period will affect those

individuals who treat the snapping turtle fishery as a “safety net” or a

“backup plan”, the three-year average for number of permitted

individuals was 83 licensees, with the average number of licensees

reporting harvest being 45.

D(1). There will be some individuals who declare for the snapping

turtle fishery and pay the $25 permit fee but do not end up

participating in the snapping turtle fishery. These individuals will do

so just to keep their options open. Previously, these individuals were

able to sign up for the turtle permit at any time. These individuals

will experience additional costs of $25/year to keep their options

open.

D(2). There will be some individuals who want to join the

snapping turtle fishery but will not make that decision until after the

declaration period has closed. Those individuals will not be able to

participate in the snapping turtle fishery. It is indeterminable how

many, if any, people will be affected this way, and the economic

impact this will have on Maryland’s overall turtle harvest.



businesses.




18



Comments may be sent to Snapping Turtle Regulations,

Regulatory Staff, Department of Natural Resources, Fisheries

Service, 580 Taylor Avenue, B-2, Annapolis MD, 21401, or call 410-

260-8300, or email to [email protected], or

fax to 410-260-8310. Comments will be accepted through February

10, 2014. A public hearing has not been scheduled.

.01 Snapping Turtles.

A. — F. (text unchanged)

G. Commercial Fishery [Requirements].

(1) General Requirements and Restrictions.

(a) A person may not harvest or possess a snapping turtle for

commercial purposes that has a carapace length that is less than 11

inches, measured in accordance with §D of this regulation.

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

(c) A person catching snapping turtles for commercial

purposes shall:

(i) Be licensed to fish for commercial purposes in

accordance with Natural Resources Article, §4-701, Annotated Code

of Maryland; and

(ii) Have the Department-issued snapping turtle harvest

permit in possession while harvesting or transporting snapping

turtles.

(2) Declaration.

(a) Between August 1 and January 31, dates inclusive, tidal

fish licensees shall declare their intent to fish for snapping turtles.

(b) A tidal fish licensee who has not declared by January 31,

and who has not declared after the January 31 deadline in any of the

3 preceding years, may apply until February 14, or the next business

day if February 14 occurs on a weekend, to the Director of Fisheries

Service provided the licensee shows good reason why the application

should be processed.

(c) An exception to the February 14 deadline will be

considered only for an individual who can provide satisfactory

documentation of a physical or mental incapacity that prevented that

individual from meeting the declaration time period established in

this subsection.

(3) Snapping Turtle Harvest Permit.

[(a) A person catching snapping turtles for commercial

purposes shall:

(i) Hold a valid snapping turtle harvest permit issued by

the Fisheries Service;

(ii) Be licensed to fish for commercial purposes in

accordance with Natural Resources Article, §4-701, Annotated Code

of Maryland; and

(iii) Have the Fisheries Service issued snapping turtle

harvest permit in possession while harvesting or transporting

snapping turtles;

(b) Permits issued by the Fisheries Service shall be valid

beginning on January 1 and expire on December 31 each year.]

(a) Snapping turtle harvest permits shall be issued to all

licensees who have declared their intent to fish for snapping turtles

and have met all reporting requirements as required by Natural

Resources Article, §4-206, Annotated Code of Maryland, and this

regulation.

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

transferred.

[(d)] (4) Reporting. A person permitted by the [Fisheries

Service] Department to harvest snapping turtles shall:

[(i)] (a) Record their catch on the snapping turtle harvest

[permit] report and on the daily commercial fisheries catch log;

[(ii)] (b) Submit the snapping turtle harvest [permit]

report as required by the Department and the daily commercial

fisheries catch log in accordance with COMAR 08.02.13.06; and

[(iii)] (c) Make available daily information, harvest

[permit] report cards, and catch logs for immediate inspection on

request of a Department representative.

[(e) An individual who has not provided to the Fisheries

Service a harvest permit card with complete information is not

eligible for a harvest permit to participate in the snapping turtle

fishery.]

(5) Penalties.

(a) In addition to any other penalty established in COMAR

08.02.13, failure to comply with this regulation may result in the

denial of a subsequent permit.

(b) Prior to suspending a permit under this regulation or

denying an application for a permit, the Department shall give the

licensee notice of its intended action and an opportunity to appear at

a hearing conducted in accordance with the contested case

procedures set forth in State Government Article, Title 10, Subtitle 2,

Annotated Code of Maryland, and COMAR 08.01.04.

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

H. Noncommercial Taking and Possession; Pets.


(3) A person must be licensed in accordance with Natural

Resources Article, §4-604, Annotated Code of Maryland, to take or

possess a snapping turtle from nontidal waters for noncommercial

purposes.

(4) A person need not be licensed in accordance with Natural

Resources Article, §4-745, Annotated Code of Maryland, to take or

possess a snapping turtle from tidal waters for noncommercial

purposes.

I.—K. (text unchanged)

JOSEPH P. GILL

Secretary of Natural Resources

Subtitle 03 WILDLIFE

08.03.15 Wildlife Damage Control Permits

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

of Maryland


[14-018-P]

The Secretary of Natural Resources proposes to amend Regulation

.24 under COMAR 08.03.15 Wildlife Damage Control Permit.


The purpose of this action is to allow beaver trapped under the

authority of a Wildlife Damage Control Permit to be transported and

released on a wildlife management area or other areas with written

permission from the landowner or managing authority, within the

same or adjacent county in which the beaver was trapped. Current

regulation requires beaver trapped under the authority of a Wildlife

Damage Control Permit to be either released on the site of capture or

killed.







businesses.




19



Comments may be sent to Glenn D. Therres, Associate Director,

DNR — Wildlife and Heritage Service, 580 Taylor Avenue, E-1,

Annapolis, MD 21401, or call 410-260-8572, or email to



scheduled.

.24 Disposition of Trapped Wildlife.

A. (text unchanged)

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


C. — J. (text unchanged)

JOSEPH P. GILL


Subtitle 18 BOATING — SPEED

LIMITS AND OPERATION OF

VESSELS

08.18.20 Patuxent River

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

Maryland


[14-016-P]

The Secretary of Natural Resources proposes to amend

Regulations .01—.04 under COMAR 08.18.20 Patuxent River.


The purpose of this action is to update and clarify existing boating

laws and coordinates of certain boundaries and to ensure safe boating

on Maryland’s waterways.







businesses.




Comments may be sent to Donna Morrow, Division Director,

Clean Waterways, Facilities & Regulations Division, Maryland

Department of Natural Resources, 580 Taylor Avenue, E/4,

Annapolis, Maryland 21401, or call 410-260-8773, or email to

[email protected], or fax to 410-260-8453. Comments will

be accepted through February 10, 2014. A public hearing has not

been scheduled.

.01 Patuxent River.

The Patuxent River encompasses all the waters of the Patuxent

River and its tributaries westerly of a line [from Lat. 38°19’08.91”N.,

Long. 76°25’15.64”W., running 120° True to the opposite shore, Lat.

38°18’34.12”N., Long. 76°23’57.74”W. ] beginning at a point, at or

near Lat. 38° 19.15’ N., Long. 76° 25.27’ W., then running 120°

(True) to a point, at or near Lat. 38° 18.57’ N., Long. 76° 23.97’ W.

.02 Upper Patuxent River.

The Upper Patuxent River encompasses the area [bounded by Lat.

38°38’37.44”N., Long. 76°41’34.83”W., Lat. 38°38’40.44”N., Long.

76°41’34.83”W., Lat. 38°38’40.44”N., Long. 76°41’32.83”W., Lat.

38°38’37.44”N., Long. 76°41’32.83”W.] shoreward of a line beginning

at a point, at or near Lat. 38° 38.428’ N., Long. 76° 41.642’ W., then

running 90° (True) to a point, at or near Lat. 38° 38.428’ N., Long. 76°

41.610’ W., then running 193° (True) to a point, at or near Lat. 38°

38.377’ N., Long. 76° 41.625’ W., then running 270° (True) to a point, at

or near Lat. 38° 38.377’ N., Long. 76° 41.657’ W. This area has a 6-knot

[(6.9 MPH)] speed limit all year. These coordinates are approximately

100 feet downriver and 200 feet upriver of the Maryland-National Capital

Park and Planning Commission pier, and extend approximately 150 feet

from the shoreline.

.03 Patuxent River South Shore.

A. (text unchanged)

B. Cockhold Creek encompasses the area beginning at a point,

[Lat. 38°20’59.22”N., Long. 76°30’51.66”W., a line running 344°

True to the opposite shore, Lat. 38°21’14.41”N., Long.

76°30’57.19”W.,] at or near Lat. 38° 20.988’ N., Long. 76° 30.857’

W., then running 344° (True) to a point, at or near Lat. 38° 21.257’

N., Long. 76° 30.953’ W., and running to the head of the creek,

including all tributaries. This area has a 6-knot [(6.9 MPH)] speed

limit Saturdays, Sundays, and State holidays, all year.

C. Lewis Creek encompasses the area beginning at a point, [Lat.

38°18’46.03”N., Long. 76°28’36.18”W., a line running 093° True to

the opposite shore, Lat. 38°18’45.91”N., Long. 76°28’33.42”W.,] at

or near Lat. 38° 18.752’ N., Long. 76° 28.607’ W., then running 65°

(True) to a point, at or near Lat. 38° 18.763’ N., Long. 76° 28.575’

W., and running to the head of the creek. This area has a 6-knot [(6.9

MPH)] speed limit Saturdays, Sundays, and State holidays, all year.

D. Mill Creek—St. Mary’s County encompasses the area beginning at

a point, [Lat. 38°20’0.6”N., Long. 76°30’21.1”W., running 326° True to

a point at the west side of the mouth of Mill Creek, Lat. 38°20’7.9”N.,

Long. 76°30’27.3”W.,] at or near Lat. 38° 20.007’ N., Long. 76° 30.345’

W., then running 323° (True) to a point, at or near Lat. 38° 20.123’ N.,

Long. 76° 30.455’ W., and running to the head of the creek, including all

tributaries. This area has a 6-knot [(6.9 mph)] speed limit Saturdays,

Sundays, and State holidays, all year.

E. Town Creek encompasses the area beginning at a point, [Lat.


the opposite shore, Lat. 38°18’50.66”N., Long. 76°28’48.43”W.,] at



W., and running to the head of the creek, including all tributaries.

This area has a 6-knot [(6.9 MPH)] speed limit all year.

F. Chalk Point Canal encompasses the entire canal [from] south of a

line beginning at a point, [Lat. 38°33’49.5”N., Long. 76°40’47.2”W. and

running 164° True to a point Lat. 38°33’47.00”N., Long.

76°40’46.30”W.,] at or near Lat. 38° 33.822’ N., Long. 76° 40.797’ W.,

then running 158° (True) to a point, at or near Lat. 38° 33.790’ N., Long.

76° 40.780’ W., and from there to the head of the canal. This area has a

minimum wake zone [at all times] all year.

G. Sam Abell Cove encompasses the area beginning at a point at the

east side of the mouth of Sam Abell Cove, [Lat. 38°19’57.3”N., Long.

76°30’13.8”W., running 300°W True to a point at the west side of the

mouth of Sam Abell Cove, Lat. 38°20’0.6”N., Long. 76°30’21.1”W.,] at


(True) to a point, at or near Lat. 38° 20.007’ N., Long. 76° 30.345’ W.,

and running to the head of the cove. This area has a 6-knot [(6.9 mph)]

speed limit on Saturdays, Sundays, and holidays, all year.

.04 Patuxent River North Shore.

A. (text unchanged)


20


B. Back Creek encompasses the area beginning at a point, [Lat.


the opposite shore, Lat. 38°19’20.76”N., Long. 76°27’22.10”W.,]at



W., and running to the head of the creek. This area has a 6-knot [(6.9

MPH)] speed limit all year.

C. Mill Creek—Calvert County encompasses the area beginning at

a point, [Lat. 38°19’35.6”N., Long. 76°27’.07.2”W., a line running

106° True to the opposite shore, Lat. 38°19’34.2”N., Long.

76°27’.01.1”W.,] at or near Lat. 38° 19.597’ N., Long. 76° 27.125’


N., Long. 76° 26.980’ W., and running to the head of the creek,

including St. Johns Creek. This area excludes Leason Cove,

beginning at a point, at or near Lat. 38° 19.880’ N., Long. 76°


19.923’ N., Long. 76° 26.185’ W. This area has a restricted 6-knot

[(6.9 MPH)] speed limit all year.

D. Solomons Harbor encompasses the area beginning at a point,

[Lat. 38°19’22.66”N., Long 76°27’00.31”W., a line running 189°

True to a point Lat. 38°19’10.16”N., Long. 76°27’02.83”W., then

270° True to a point on shore, Lat. 38°19’10.16”N., Long.

76°27’08.63”W.,] at or near Lat. 38° 19.387’ N., Long. 76° 27.005’


N., Long. 76° 27.048’ W., then running 270° (True) to a point, at or

near Lat. 38° 19.170’ N., Long. 76° 27.137’ W., and running

upstream to a line beginning at a point, [Lat. 38°19’34.2”N., Long.

76°27’01.1”W., and running 296° True to a point Lat. 38°19’35.6”N.,

Long, 76°27’07.2” W,] at or near Lat. 38° 19.570’ N., Long. 76°


19.597’ N., Long. 76° 27.125’ W., and running along the shore to a

line beginning at a point, [Lat. 38°19’28.93”N., Long.

76°27’20.89”W., a line running 186° True to the opposite shore, Lat.

38°19’20.76”N., Long. 76°27’22.10”W.] at or near Lat. 38° 19.503’

N., Long. 76° 27.352’ W., then running 185° (True) to a point, at or

near Lat. 38° 19.348’ N., Long. 76° 27.368’ W. This area has a 6-

knot [(6.9 MPH)] speed limit all year.

E. St. Leonard Creek.

(1) All of the waters of upper St. Leonard’s Creek north of a

line beginning at a point on the east shore of St. Leonard’s Creek, at


(True) to a point on the west shore of St. Leonard’s Creek, at or near

Lat. 38° 24.953’ N., Long. 76° 29.245’ W., and east of a line

beginning at a point on the south shore of an unnamed cove of St.

Leonard’s Creek, at or near Lat. 38° 25.222’ N., Long. 76° 29.007’

W., then running 346° (True) to a point on the north shore off the

unnamed cove, at or near Lat. 38° 25.303’ N., Long. 76° 29.033’ W.,

and south of a line beginning at a point on the east shore of St.

Leonard’s Creek, at or near Lat. 38° 25.437’ N., Long. 76° 29.247’

W., then running 270° (True) to a point on the west shore of St.

Leonard’s Creek, at or near Lat. 38°25.437’N., Long. 76° 29.567’ W.

This area has a 6-knot [(6.9 MPH)] speed limit Saturdays, Sundays,

and State holidays, all year.


F. Hungerford Creek encompasses the area beginning at a point,

[Lat. 38°20’58.1”N., Long. 76°28’14.6”W., a line running 098° True

to the opposite shore, Lat. 38°20’58.0”N., Long. 76°28’13.2”W.,] at



W., and running to the head of the creek. This area has a minimum

wake zone [at all times.] all year.

G. Leason Cove—Calvert County encompasses the area upstream

of a line [running from the northeast end of the point of land at or

near Lat. 38°19’53”N., Long. 76°26’15”W., to the southwesterly end

of a point of land at or near Lat. 38°19’56”N., Long. 76°26’11”W.]

beginning at a point, at or near Lat. 38° 19.880’ N., Long. 76°


19.923’ N., Long. 76° 26.185’ W. This area has a 6-knot [(6.9 MPH)]

speed limit all year.

H. Upper Island Creek.

(1) The western Island Creek headwaters encompass the area

beginning at [Lat. 38°25’42.2”N., Long. 76°32’33.5”W., a line

running 90° True to the east shore Lat. 38°25’42.2”N., Long.

76°32’27.4”W.,] a point, at or near Lat. 38° 25.703’ N., Long. 76°


25.703’ N., Long. 76° 32.457’ W., and running to the head of the

creek. This area has an [all time] idle speed limit for all personal

watercraft all year.

(2) The eastern Island Creek headwaters encompass the area

beginning at [Lat. 38°25’35.4”N., Long. 76°32’9.1”W., and running

180° True to a point on the south shore Lat. 38°25’31.8”N., Long.

76°32’9.1”W.,] a point, at or near Lat. 38° 25.590’ N., Long. 76°


25.530’ N., Long. 76° 32.152’ W., and running to the head of the

creek. This area has an [all time] idle speed limit for all personal

watercraft all year.

JOSEPH P. GILL


Title 10

DEPARTMENT OF HEALTH

AND MENTAL HYGIENE Notice of Proposed Action

[14-012-P]

The Secretary of Health and Mental Hygiene proposes to amend:

(1) Regulation .02 under COMAR 10.01.17 Fees for

Community Health Programs;

(2) Regulations .02, .06, .08, .09, and .25 under COMAR

10.16.06 Certification for Youth Camps; and

(3) Regulations .03, .05, .06, .08, .27, .28, and .53 under

COMAR 10.17.01 Public Swimming Pools and Spas.


The purpose of this action is to adjust a number of fees and related

programmatic content for certain environmental health programs.

Specifically, the revisions to COMAR 10.01.17 will:

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

plan reviews;

(2) Establish lower application fees for day and residential

youth camps for those in “good standing” with the Department; and

(3) Establish lower application fees for alterations to and

replacements at public swimming pools and spas.

The revisions to COMAR 10.16.06 revise the inspection schedule

for day and residential youth camps to include a self-assessment for

camps in ‘good standing’ and a provision to authorize camps in ‘good

standing’ to pay a lower fee in accordance with COMAR 10.01.17.

The revisions to COMAR 10.17.01:

(1) Add definitions for “component” and “replacement” for

public swimming pools and spas;

(2) Revise the definitions of “alteration”, “repair”, “public

pool”, “public spa”, “recreational pool”, and “semi-public pool”; and

(3) Establish an application, plan review and approval process

for alterations, repairs, and replacements.




21



I. Summary of Economic Impact. The reduction of fees for certain food licenses and plan reviews, youth camp applications, and public

swimming pool and spa applications will collectively decrease General Fund revenues, decrease expenditures of the regulated industries, and

increase revenues and expenditures for local health departments. This proposal will not affect the Department’s expenditures as the proposal

more closely aligns the workload with the current and projected funding levels. See below for additional information summarizing the economic

impact of the proposed regulation revisions during year 1.

(1) COMAR 10.01.17 Fees for Community Health Programs: The Department will collect less net revenue in the form of annual food

processing plant licensing and plan review fees, totaling $54,000 for year 1 ($34,600 from license fees and $19,400 from plan review fees).

There is no economic impact on other State agencies or local governments. The regulated industry is expected to benefit from the lower fees,

particularly small food processors and manufacturers. The regulated industry’s expenditures will decrease by $54,000 in year 1 (see II.A./III.A.).

(2) COMAR 10.01.17 Fees for Community Health Programs and 10.16.06 Certification for Youth Camps: The Department will collect

less revenue through application fees for youth camp certification, totaling $15,260 for year 1 ($11,885 from day camp fees and $3,375 from

residential camp fees). The decrease in revenue is due to lower fees for youth camps that meet the ‘good standing’ definition and who will

receive a 75 percent reduction in the annual application fee. There is no economic impact on other State agencies or local governments. The

proposed changes will have a positive economic impact on the regulated industry with a decrease in expenditures of $15,260 in year 1 (see

II.A./III.A.).

(3) COMAR 10.01.17 Fees for Community Health Programs and 10.17.01 Public Swimming Pools and Spas: The Department’s revenue

will decrease by $77,400 in year 1 ($30,600 from pool/spa alterations and $46,800 from pool/spa replacements) due to the establishment of new

fee categories that distinguish between a public pool or spa plan review for an alteration, plan review for the replacement of a public pool or spa

component, and delegation of responsibility to local health departments for reviewing applications and conducting plan reviews for replacement

of a public pool or spa component. The Department will retain the authority to collect a $50 fee for applications for the replacement of a pool or

spa component in the event that a local health department opts not to conduct these reviews. Additional effort will be required by local health

departments to assume the responsibility of reviewing applications and completing plan reviews for the replacement of a public pool or spa

component, which is estimated to increase local revenue and expenditures by $19,890 [see II.C.(1)/III.C.(1) and II.C.(2)/III.C.(2)]. The

increased expenditures are due to the additional staff time required to complete plan reviews and the assumption that local application fees will

be adopted to offset new operating expenses. The regulated industry will benefit from fee reductions of $77,400 in year 1 as approximately 90

percent of public pool or spa plan reviews are for alterations or replacement of components (see II.A./III.A.).

Revenue (R+/R-)

II. Types of Economic Impact. Expenditure (E+/E-) Magnitude

A. On issuing agency: (R-) $146,660

B. On other State agencies: NONE

C. On local governments:

(1) (R+) $19,890

(2) (E+) $19,890

Benefit (+)

Cost (-) Magnitude

D. On regulated industries or trade groups:

(1) (+) $146,660

(2) (-) $19,890

E. On other industries or trade groups: NONE

F. Direct and indirect effects on public: NONE

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

A. COMAR 10.01.17 Fees for Community Health Programs: All food plant processing fees are received by the Department on a rolling basis

due to a variety of external factors (e.g. different operating seasons, various opening dates, failed inspections, etc.) The anticipated revenue

reduction due to the proposed fee changes are based on the estimated number of licensed food processing plants for annual licensure fees and

historical number for plan reviews. The change in fee revenue of $54,000 annually is calculated by multiplying the expected number of licenses

and plan reviews by the difference in fee amount (see Table 1, Sections A and B).

Additionally, note that certain proposed revisions to food processing plants are not included in Table 1 because there is no associated fee

change and no fiscal impact. For license fees, the seasonal food manufacturing plant will be renamed and moved with no change in fee amount.

For plan review fees, the seasonal food manufacturing plant, on-farm home processing plant, and producer mobile farmer’s market unit will be

established with no correlating fee. The removal of the retail water plant license and plan review fees will not have a fiscal impact on this


22


proposal because the Department has not been collecting these fees for over four years as this type of facility is currently regulated through and

housed in another retail facility (e.g. grocery store).

COMAR 10.01.17 Fees for Community Health Programs and 10.16.06 Certification for Youth Camps: The Department creates a definition

of ‘good standing’, based on a camp’s record of compliance with critical health and safety requirements, the application process, and reporting

requirements. Camps that meet the ‘good standing’ criteria will be required to conduct one self-assessment annually, in lieu of an annual

inspection, that could be valid for up to three years. Twenty-five percent of the camps in ‘good standing’ will be selected at random for

inspection each year, but all camps in ‘good standing’ will be inspected at least once every 4 years. Camps in ‘good standing’ pay 25 percent of

the standard application fee annually (including the year in which they are inspected by the Department). The estimated percentage of camps

that will achieve ‘good standing’ for year 1 is estimated to be 5 percent (based on previous inspection data from the Department) with an

estimated increase of 5 percentage points each year up to an estimated maximum of 70 percent over 14 years. Any camp, whether in ‘good

standing’ or not, can be inspected at any time in response to complaints, substantial changes in operation, other health or safety concerns, or as

necessary for enforcement. A camp found to have a critical violation will lose its ‘good standing’ status and must pay the applicable standard

application fee. The change in fee revenue of $15,260 is calculated by multiplying the expected number of applications for each and residential

camper day level (based on current estimates) by the difference in fee amount (see Table 1, Section C).

COMAR 10.01.17 Fees for Community Health Programs and 10.17.01 Public Swimming Pools and Spas: The Department proposes to

modify the categories for public swimming pool and spa applications and plan reviews based on the complexity of the modifications required.

The simplest modification (a repair involving the substitution of an identical component) would not require approval; more complex

modification (a replacement involving the substitution of a similar but not identical equipment) would be completed by local health departments

via delegation agreements (the Department would retain responsibility for application reviews not delegated to a local health department); and

the most complex modification (an alteration involving changes of the equipment room, bath house, component or configuration) would

continue to be completed by the Department, as would pool or spa construction. As a result of these changes, the Department will collect less

revenue in the form of public pool and spa application fees. Of the approximately 300 estimated applications reviewed annually, the Department

estimates (based on current number of applications) that 153 (51%) would be alterations, 117 (39%) would be replacements under the proposed

regulation, and 30 (10%) would be construction. The estimated revenue to the State for public swimming pool and spa applications is $120,000

(300 applications multiplied by $400 fee). As shown in Table 1 Section D, the anticipated reduction in General Fund revenue from this change

would be $77,400. This is calculated by multiplying the expected number of applications by the difference in fee amount.

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

Current Fee Proposed Fee Annual Number of

Licenses/Plan Reviews/

Applications

General Fund Change

A. Annual license fees for food processing

plants

1). Replace the current shellfish plant license

with the following:

a). Shucking/ packaging/ repackaging plant

license

$400 $400 31 $0

b). Shellstock shipping/ reshipping plant

license

$400 $200 95 ($19,000)

c). Seasonal shellstock shipping/ reshipping

plant license

$400 $100 32 ($9,600)

2). Food warehouse or distribution center that

distributes:

a). Potentially hazardous food $400 $400 20 $0

b). Only non-potentially hazardous food $400 $200 30 ($6,000)

Subtotal – Food Plant License Fees 208 ($34,600)

B. Plan review fees for food processing plants

1). Shucking/ packaging/ repackaging plant $400 $400 1 $0

2). Shellstock shipping/ reshipping plant $400 $0 20 ($8,000)

3). Seasonal shellstock shipping/ reshipping

plant

$400 $0 10 ($4,000)

4). Food manufacturing plant* $400 $400 30 $0

5). Food manufacturing plant - operating

within another licensed food establishment

$400 $200 12 ($2,400)

6). Hazardous Analysis and Critical Control

Points (HACCP) – all food processing plants

$400 $200 25 ($5,000)

Subtotal – Food Plan Review Fees 98 ($19,400)


23


C. Annual application fees for youth

camps***

1). Day camps:

a). 1 to 500 camper days $200 $50 7 ($1,050)

b). 501 to 2,000 camper days $525 $130 13 ($5,135)

c). 2,001 to 5000 camper days $700 $175 7 ($3,675)

d). Greater than 5,000 camper days $900 $225 3 ($2,025)

2). Residential camps:

a). 1 to 700 camper days $500 $125 2 ($750)

b). 701 to 5,000 camper days $1,000 $250 2 ($1,500)

c). 5,001 to 16,000 camper days $1,500 $375 1 ($1,125)

d). Greater than 16,000 camper days $2,000 $500 0 $0

Subtotal – Youth Camp Application Fees 35 ($15,260)

D. Application fees for pools and spas

1). Construction $400 $400 30 $0

2). Alterations $400 $200 153 ($30,600)

3a). Replacement

(DHMH responsibility)

$400

$50 0**

3b). Replacement

(LHD responsibility)

$400 ** 117 ($46,800)

Subtotal – Pool/Spa Application Fees 300 ($77,400)

Grand Total – General Fund Revenue

Impact

641 ($146,660)

Notes: * Food manufacturing plants are either freestanding or housed within another licensed food establishment. The “food manufacturing

plant” category is included (as a freestanding facility) to illustrate that this proposal establishes a new category (“food manufacturing plant-

operating within another licensed food establishment”) and reduces its fee from $400 to $200.

** Although this proposal authorizes DHMH to collect a $50 fee for pool/spa replacement plan reviews, this proposal assumes all LHDs will

accept the delegation of this responsibility. General Fund revenue will decrease by $46,800.

*** The Department assumes all residential youth camps will have submitted their application fee to the Department within the first 6 months of

this proposal; therefore, only the day youth camps will increase during the second 6 month period of year 1. This increase is expected to be

approximately 25%.

C(1). The Department assumes that there will be an increase in revenues of $19,890 for local health departments due to the delegation of the

pool and spa replacement plan review process. This assumes local health departments will charge $170/application (estimated in consultation

with a local health department) to offset their increase in expenditures.

C(2). The Department assumes that there will be an increase in expenditures of $19,890 for local health departments due to the delegation of

the pool and spa replacement plan review process. This assumes it will cost a local health department approximately $170/application (estimated

in consultation with a local health department), which is multiplied by the estimated 117 replacement applications done by local health

departments to calculate this estimate.

D(1). There are benefits to certain regulated entities arising from this proposal that include a fee savings of $146,660 from reductions in fees

during year 1. Since certain food plant processing license and plan review fees were raised in 2012, the Department has received many

complaints from processors about the burden of increased fees. Shellfish plants, small prepackaged food warehouses, and other small food

processing plants in particular will receive the most savings due to the proposed fee reductions. The Department has responded to a series of

requests from the youth camp industry that the Department recognize the performance of well-operated camps by creating a self-assessment

process for those camps. This has been achieved in this proposal in COMAR 10.16.06, which recognizes self-assessments for camps in good

standing. The Department estimates that there will be a positive economic impact on 5 percent of the members of the regulated industry who

meet the ‘good standing’ definition, with an estimated increase of 5 percentage points annually up to an estimated maximum of 70 percent. This

proposal authorizes a 75 percent reduction in the annual application fee for those camps that qualify. This is an incentive for the regulated

industry to achieve and maintain a record of compliance with critical health and safety standards. The pool industry will benefit from the

clarification regarding alterations and repair and replacement of pool components, as expressed in meetings the Department has held with the

affected industry.

D(2). The Department also assumes that there will be an increase in cost to the pool industry resulting from the delegation of the swimming

pool and spa replacement plan review process to local health departments. This assumes that local health departments will charge

$170/application, which is estimated to cost the industry $19,890 (see III.C.) during year 1.


24





The Department assumes that there will be a positive economic

impact on the members of the regulated industry totaling $146,660

annually. The Department also assumes that because a majority of the

regulated entities (food processors and manufacturers, day and

residential youth camp owners and operators, and public swimming

pool and spa owners) are small businesses in Maryland, these savings

will disproportionally impact small businesses.




Comments may be sent to Michele A. Phinney, Director, Office of

Regulation and Policy Coordination, Department of Health and

Mental Hygiene`, 201 W. Preston Street, Room 512, Baltimore, MD

21201, or call 410-767-6499; TTY:800-735-2258, or email to



been scheduled.

Subtitle 01 PROCEDURES

10.01.17 Fees for Community Health Programs

Authority: Health-General Article, §§2-104, 14-403, 21-301, 21-308, 21-309,

21-309.1, and 21-812, Annotated Code of Maryland

.02 Fees.

The following fees are established by the Secretary:

A. (text unchanged)

B. [A certificate or letter of compliance application fee, based on

camper days, that is, the estimated cumulative number of campers

enrolled each day multiplied by the number of days a camp may

operate during a season, for:] Annual youth camp application fee

based on estimated camper days, that is, the estimated average

number of campers enrolled each day multiplied by the estimated

number of days a camp intends to operate during a camp season, for:

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

[(1)](a) Day camp:

[(a)](i)—[(d)](iv) (text unchanged)

[(2)] (b) Residential camp:

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

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

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

COMAR 10.16.06.02:

(a) Day camp:

(i) 1 to 500 camper days — $50;

(ii) 501 to 2,000 camper days — $130;

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

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

(b) Residential camp:

(i) 1 to 700 camper days — $125;

(ii) 701 to 5,000 camper days — $250;

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

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

C. Annual license fee for:

(1) Food processing plants:

(a)—(e) (text unchanged)

(f) Shellfish [plant— $400;]:

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

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

(iii) Seasonal shellstock shipping or reshipping plant —

$100;

(g) (text unchanged)

(h) [Food] Effective January 6, 2014, food warehouse or

distribution center [— $400] that distributes:

(i) Potentially hazardous food— $400; or

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


[(j) Retail water plant — $400;]

[(k)] (j)—[(l)] (k) (text unchanged)

(l) Seasonal food manufacturing plant — $35;

(m)—(n) (text unchanged)


[D. Seasonal food license fee — $35;]

[E.] D. Except for a local subdivision with delegated authority,

plan review fee for [:

(1) Pool — $400;

(2) Spa — $400; and]

[(3) Food] food processing plants:

[(a)](1)—[(e)](5) (text unchanged)

[(f)](6) Shellfish [plant — $400;] :

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

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

(c) Seasonal shellstock shipping or reshipping plant — no

fee;

[(g)] (7)—[(i)] (9) (text unchanged)

[(j) Retail water plant — $400;]

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

(11) Seasonal food manufacturing plant — no fee;

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

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

(14) Food manufacturing plant operating in another licensed

food establishment — $200;

[F.] E. Plan review fee for a food service facility that is a retail

chain or a franchise operation planning to construct two or more

facilities in the State from a single uniform set of plans — $400[.];

F. Food process or hazard analysis critical control point plan

review in a retail facility or a food processing plant — $200; and

G. Except for a local subdivision with delegated authority,

application review fee for:

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

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

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

Subtitle 16 HOUSING

10.16.06 Certification for Youth Camps

Authority: Health-General Article, §§2-104, 14-402(d), and 14-403; Family

Law Article, §§5-704, and 5-705, Annotated Code of Maryland

.02 Definitions.

A. (text unchanged)

B. Terms Defined.


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

(a) Regulation .21 of this chapter;

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

(c) Regulation .23A of this chapter;

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

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

(f) Regulation .34A of this chapter;

(g) Regulation .35 of this chapter;

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

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

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

(k) Regulation .49C of this chapter;

(l) Regulation .50B of this chapter;

(m) Regulation .51B of this chapter;


25


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

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

(p) Regulation .54 of this chapter.


(16-1) “Good standing” means:

(a) Compliance with the:

(i) Annual report and self-assessment submission

requirements as specified in Regulation .06 of this chapter; and

(ii) Application procedure and fee requirements as

specified in Regulation .08 of this chapter; and

(b) A camp that in the previous calendar year paid the

application fee as set forth in COMAR 10.01.17.02; and

(c) Had no critical violations of this chapter found by the

Department during an inspection:

(i) In the last 2 calendar years; or

(ii) For a camp in good standing, in the last calendar

year that an inspection took place.


.06 Annual Report and Self-Assessment.

[An operator shall file within 2 weeks of the end of camp an

annual report with the Youth Camp Safety Advisory Council stating:]

A. An operator of a program or activity that complies with

Regulation .03 or .04 of this chapter and an operator of a youth camp

shall submit an annual report, on a form prescribed by the

Department, within 4 weeks of the end of the program, activity, or

camp to the Department stating:

[A. The number of campers that attended during the past calendar

year; and]

(1) The actual camper days, that is, the sum total of the actual

number of campers who attended camp each day during a camp

season;

(2) The number of injuries and illnesses that required an

operator to submit a report to the Department under Regulation .25

of this chapter; and

[B.] (3) (text unchanged)

B. An operator of a camp that paid the reduced fee for a camp in

good standing as set forth in COMAR 10.01.17.02B(2) shall:

(1) Complete a self-assessment on a form prescribed by the

Department by the end of the first week of camp operation each year;

and

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

the end of the camp.

.08 Application Procedures and Fees.

A. (text unchanged)

B. For a camp that was issued a certificate or a letter of

compliance by the Department in the previous calendar year and

wishes to renew its certificate or letter of compliance for another

year, an operator shall:


(2) Except as provided in §§D and E of this regulation, pay to

the Department the required fee as set forth in COMAR 10.01.17.02

at the time of application;

[(3) Submit documentation that verifies compliance with:

(a) Regulation .20 of this chapter;

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

(c) Regulation .23 of this chapter;

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

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

(f) Regulation .39B of this chapter;

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

(h) When a new specialized activity or a new location for a

specialized activity is added to the camp’s program, Regulation .47—

.52 of this chapter.]

(3) When a new specialized activity or a new location for a

specialized activity is added to the camp’s program, submit

documentation that verifies compliance with Regulations .47—.52 of

this chapter; and

(4) When a camp changes location, submit documentation that

verifies compliance with:

(a) Construction or alteration of a camp facility as specified

in Regulation .20 of this chapter;

(b) Water supply as specified in Regulation .36B(1)—(2), C,

or D of this chapter;

(c) Sewage disposal as specified in Regulation .37A(1)—(2),

B, C, or D of this chapter;

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

chapter; and

(e) Fire and electrical code safety as specified in Regulation

.46A or B of this chapter.

C.—H. (text unchanged)

.09 Inspections.

A. The Department shall:


(2) Inspect the camp at least every fourth year or as necessary

for the enforcement of this chapter.

B.—D. (text unchanged)

.25 Required Reports.

An operator shall ensure that:

A. (text unchanged)

B. An injury or illness that requires care by a physician, dentist, or

nurse and results in the camper being treated at a medical facility,

having a laboratory analysis performed, or undergoing an x-ray, is

reported:


(2) To the Department within [2] 4 weeks of the end of camp

on a form that meets the requirements of Regulation .26 of this

chapter;

C.—E. (text unchanged)

Subtitle 17 SANITATION

10.17.01 Public Swimming Pools and Spas

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

and U.S.C. §8003

.03 Previously [Approved] Constructed Pools and Spas.

A. Except as provided in [§§D and E] §C of this regulation, the

owner of a pool or spa that was [approved by the Secretary for

construction] constructed before [the adoption of this chapter]

February 10, 1997 is exempt from bringing the [previously

approved] pool or spa into compliance with:


[B. The owner of a pool or spa that was approved by the Secretary

for construction before the adoption of this chapter shall maintain the

pool or spa including appurtenant structures and equipment as

originally approved and may complete a repair that restores the pool

or spa to its original condition before damage or deterioration without

complying with the requirements of this chapter, except for

Regulations .06C and .28 of this chapter, when the repair:

(1) Costs less than 25 percent of the replacement value of the

pool or spa, including appurtenant structures and equipment;

(2) Consists of the same or equivalent materials and

components having the same specifications, operating characteristics,

and certifications as the original construction; and

(3) Does not create a danger or allow a danger to continue that

threatens the health and safety of an individual using the pool or spa.


26


C. The owner of a pool or spa that was approved by the Secretary

for construction before the adoption of this chapter shall ensure that a

repair complies with all applicable provisions of this chapter when

completing a repair that:

(1) Costs more than 25 percent of the replacement value of the

pool or spa, including appurtenant structures and equipment; or

(2) Alters the materials or components of the original

construction.]

B. Except for Regulation .28 of this chapter, the owner of a pool

or spa that was constructed before February 10, 1997:

(1) Shall maintain the pool or spa, including appurtenant

structures and equipment as originally constructed; and

(2) May complete a repair according to Regulation .06P that

restores the pool or spa to its original condition before damage or

deterioration without the component complying with the

requirements of this chapter.

[D. The] C. For a pool or spa that was constructed before

February 10, 1997, the exemptions in [§§A and B] §A of this

regulation do not apply if:

(1) [The previously approved] The pool or spa has a condition

that jeopardizes the health or safety of the public, in which case the

owner shall ensure that the condition is corrected to meet the

requirements of this chapter;

(2) An owner intends to alter the [previously approved] pool or

spa, including appurtenant structures and equipment, in which case

the owner shall ensure that the alteration complies with the

requirements of this chapter; or

(3) A suction outlet is not in compliance with Regulation .28 of

this chapter, in which case the owner shall ensure that the suction

outlet is [repaired or] altered to meet the requirements of Regulation

.28 of this chapter for suction entrapment prevention.

[E. Notwithstanding the exemptions set forth in §A of this

regulation, a previously approved pool or spa is not exempt from

Regulations .16C, .17D, .22A(2), .26A, .26D, .26G, .27A, .27C, .27E,

.28D, .40C(1), .40F(1), and .40F(2) of this chapter.]

.05 Definitions.

A. (text unchanged)

B. Terms Defined.

[(1) Alter.

(a) “Alter” means to:

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

parts or design;

(ii) Enlarge a structure;

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

another;

(iv) Change a circulation system component;

(v) Replace a piping system; or

(vi) Install a new structural part or circulation system

component that was not part of the original structure or system.

(b) “Alter” does not include repairing an existing, previously

approved facility.]

(1) Alteration.

(a) “Alteration” means to:

(i) Change or modify an equipment room, a bathhouse, a

component, or the configuration of a pool or spa;

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

another; or

(iii) Install a new component.

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


(4-1) “Component” means:

(a) A piece of pool or spa equipment;

(b) A deck;

(c) A barrier;

(d) One or more skimmers;

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

(f) A ventilation system;

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

(h) Pipe material for pool or spa water.


(18) Public Pool and Public Spa.


(b) “Public pool” includes a:

(i)—(ii) (text unchanged)

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

this regulation.

(c) “Public spa” includes a semipublic spa, as defined in

[§B(22)] §B(23) of this regulation.

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

(a) Is not a limited public-use pool, private pool, or

semipublic pool, as defined in [§§B(7), (17), and (22)] §§B(7), (17),

and (23) of this regulation;

(b)—(e) (text unchanged)

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

(i)—(iv) (text unchanged)

(v) An apartment complex, housing subdivision, or

mobile home park with more than ten units, except as provided in

[§B (22)(a)(v)] §B(23)(a)(v) of this regulation; or

(g) (text unchanged)

(20) Repair.

[(a) “Repair” means the replacement of existing work with

the same kind of materials for the purpose of maintenance and the

replacement of a previously approved piece of equipment with an

equivalent unit having the same specifications, operating

characteristics, and certifications.

(b) “Repair” does not include alterations, installation of

additional equipment, or work that requires local building, electrical,

or plumbing approval.]

(a) “Repair” means substituting a component having the

same make and model as the previously approved component for the

previously approved component.

(b) “Repair” does not include:

(i) Replacements;

(ii) Alterations;

(iii) Installation of additional equipment; or

(iv) Substitutions involving a component which do not

meet the requirements of this chapter.

(20-1) Replacement.

(a) “Replacement” means substituting a component, which

has a different make or model but has the same operating

characteristics and certifications as the previously approved

component, for the previously approved component.

(b) “Replacement” does not include:

(i) Repairs;

(ii) Substitutions involving a pump;

(iii) Substitutions involving a suction outlet sump or

cover;

(iv) Alterations;

(v) Installation of additional equipment; or

(vi) Substitutions involving a component which do not

meet the requirements of this chapter.


(23) “Semipublic pool” and “semipublic spa” mean a pool or

spa at a facility that:


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

(i) Open for admission to the general public, except as

provided in [§B(22)(a)] §B(23)(a) of this regulation;

(ii)—(v) (text unchanged)



27


.06 Construction, Alteration, and Replacement Permits for

Recreational Pools, Semipublic Pools, and Public Spas.

A. An owner who intends to construct or alter a recreational pool,

semipublic pool, or public spa or replace a public pool or spa

component shall obtain a construction, alteration, or replacement

permit from the Secretary before beginning construction [or],

alteration, or replacement work.

B. An owner may not construct or alter a recreational pool,

semipublic pool, or public spa or replace a public pool or spa

component without a construction, alteration, or replacement permit.

[C. For repairs at a previously approved recreational pool,

semipublic pool, or public spa, an owner:

(1) May repair previously approved structures and equipment

in accordance with Regulation .03 of this chapter without obtaining a

construction permit; and

(2) Shall notify the Secretary, within 10 days, of a repair that

results in the replacement of a circulation system component, except

when the component is replaced with the exact same model and make

as the previously approved component.]

[D.] C. To obtain a construction, alteration, or replacement

permit, an owner shall submit to the Secretary:

(1) An application for a construction, alteration, or

replacement permit on an application form provided by the Secretary

that includes:

(a) The full names and addresses of the owner and

authorized agents of the owner who may act on the owner’s behalf

during the construction or alteration of the pool or spa, or the

replacement of the public pool or spa component;

(b) A statement saying “I hereby acknowledge that all items

either listed or shown in these plans and specifications as not in

contract [(NIC)], by others, or equivalent, are my responsibility. I

also realize that this entire project must be completed in accordance

with the approved plans and specifications and all conditions listed in

the construction, alteration, or replacement permit and meet the

requirements of this chapter prior to the issuance of an operating

permit by the Secretary[,]”; and

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

(i) Indicates the owner has supplied the correct

information on and with the application; and [is]

(ii) Is in agreement with the statement set forth in

[§D(1)(b)] §C(1)(b) of this regulation; and

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

or replacement which:

(a) Are prepared by a licensed or certified professional

engineer, architect, draftsman, or a person with extensive experience

in the design of pools and spas[,];

(b) Are drawn to scale, in a professional and accurate

manner, with sufficient clarity and detailed dimensions to show the

nature and character of the work to be performed[,]; and

(c) (text unchanged)

[E. An] D. Except for an alteration or replacement, an owner shall

ensure that the plans and specifications required in [§D] §C of this

regulation include the following [, except that for an alteration, the

owner shall submit only the information that pertains to the

alteration]:


E. An owner shall ensure that, for an alteration or replacement,

the plans and specifications required in §C of this regulation include

the information that pertains to the alteration or replacement.

F. An owner shall obtain necessary local zoning approval and

building, electrical, plumbing, and other applicable local permits

before beginning construction or alteration of a recreational pool,

semipublic pool, or public spa or replacement of a public pool or spa

component.

G. Before issuing a construction, alteration, or replacement

permit, the Secretary may require changes in the design of the

facilities if the design does not meet the criteria set forth in this

chapter.

H. Upon an owner’s compliance with the provisions of this

chapter, the Secretary shall approve the plans and specifications and

issue a construction, alteration, or replacement permit, which is valid

for the start of the construction, alteration, or replacement for 1 year

from the date of issue and for 1 additional year from the date

construction, alteration, or replacement begins.

I. The local county health officer may not approve a local building

permit for recreational pool, semipublic pool, or public spa

construction, alteration, or replacement until the plans and

specifications for pool or spa construction or alteration, or the

replacement of a public pool or spa component have been approved

by the Secretary.

J. The Secretary shall review the plans and application and shall

approve or deny issuance of a construction, alteration, or

replacement permit within 30 days of receipt of the application.

K. If plans are submitted that are not in compliance with the

requirements of this chapter, the Secretary shall disapprove the plans

and deny the issuance of a construction, alteration or replacement

permit.

L. An owner may not deviate from the approved plans and

specifications [in the construction or alteration of] for construction,

alteration, or replacement at a recreational pool, semipublic pool, or

public spa unless revised plans are submitted to and approved in

writing by the Secretary.

M. If a recreational pool, semipublic pool, or public spa is not

being constructed or altered or components are not being replaced in

accordance with the approved plans, the Secretary may revoke the

construction, alteration, or replacement permit for the construction

[or], alteration, or replacement and the owner immediately shall

cease construction [or], alteration, or replacement.

N. If the Secretary denies the issuance of a construction,

alteration, or replacement permit as set forth in §K of this regulation,

or revokes a construction, alteration, or replacement permit as set

forth in §M of this regulation, the Secretary shall notify the owner in

writing:


O. An owner shall ensure that a construction, alteration, or

replacement permit is posted in a conspicuous location at the site of

construction [or], alteration, or replacement.

P. An owner may make a repair to a previously approved

structure, component, or piece of equipment in accordance with this

chapter without:

(1) Obtaining a construction, alteration or replacement permit

from the Secretary; or

(2) Notifying the Secretary.

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

A. After [the construction, or alteration of] construction,

alteration, or replacement of a component at a recreational pool,

semipublic pool, or public spa is completed, the owner shall contact

the Secretary for approval of the pool or spa within 30 days.

B. (text unchanged)

C. A person may operate or permit the use of a recreational pool,

semipublic pool, or public spa for 30 days after completing the

replacement of a public pool or spa component without receiving a

final inspection and written approval from the Secretary.


28


[C.] D. The Secretary shall conduct an inspection or inspections to

ensure that a recreational pool, semipublic pool, or public spa is

constructed or altered, or that a public pool or spa component is

replaced according to the approved plans and meets the requirements

of this chapter, and shall:

(1) Grant written approval for the pool or spa if it was

constructed or altered, or a public pool or spa component was

replaced according to the approved plans, meets the requirements of

this chapter, and the owner has received local approval for any

building, electrical, plumbing, or other work that requires a local

permit; or

(2) Deny approval for the pool or spa if it was not constructed

or altered, or a public pool or spa component was not replaced

according to the approved plans, does not meet the requirements of

this chapter, or the owner has not received local approval for any

building, electrical, plumbing, or other work that requires a local

permit.

[D.] E. The Secretary shall grant written approval or deny

approval of the completed construction, [or] alteration, or

replacement of a public pool or spa component within 30 days of

receipt of notice of completion from the owner.

[E.] F. If minor items that do not affect the health or safety of the

public need to be corrected, the Secretary may issue a partial

approval for the pool or spa after construction, [or] alteration, or

replacement of a public pool or spa component pending full

compliance according to the following conditions:


[F.] G. If the Secretary does not grant approval for the pool or spa

after it is constructed or altered, or a public pool or spa component is

replaced, the Secretary shall notify the owner in writing:


.27 Diving Area and Equipment.

An owner of a public pool shall ensure that:


F. A starting block:


(2) At a [previously approved] pool constructed before

February 10, 1997, is located so that a swimmer dives into a

minimum of:


.28 Suction Entrapment Prevention.

To prevent a suction entrapment hazard, an owner shall ensure

that:


F. A [previously approved] pool or spa constructed before

February 10, 1997 is provided by June 1, 2002, with:


G. As an interim measure, until a [previously approved] pool or

spa constructed before February 10, 1997 is in compliance with §F

of this regulation:


H.—I. (text unchanged)

.53 Variances.

A. An owner who has been granted a variance by the Secretary

before [the adoption of this chapter] February 10, 1997 may continue

to operate under that variance.

B.—E. (text unchanged)



Subtitle 14 CANCER CONTROL

10.14.02 Reimbursement for Breast and Cervical

Cancer Diagnosis and Treatment

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

Code of Maryland


[14-014-P]

The Secretary of Health and Mental Hygiene proposes to amend

Regulations .02—.04, .07—.14, and .22 under COMAR 10.14.02

Reimbursement for Breast and Cervical Cancer Diagnosis and

Treatment.


The purpose of this action is to revise and update language to align

the Breast and Cervical Cancer Diagnosis and Treatment Program

(Program) with health reform changes, effective January 1, 2014 and

add language limiting pharmacy rebate repayment to a certain time

period. The proposed amendments will:

(1) Allow reimbursement for co-pays and co-insurance for

insured individuals;

(2) Modify references to reimbursing MHIP costs for only as

long as MHIP is available;

(3) Eliminate references to enrolling new individuals in the

Maryland Health Insurance Plan (MHIP); and

(4) Prohibit a drug manufacturer or its designee from disputing

or requesting repayment of any rebate paid under COMAR

10.14.02.08H more than 3 years after the date the rebate was paid to

the Department.




I. Summary of Economic Impact. As a result of the

implementation of health care reform on January 1, 2014, the

proposed action will result in a reduction of program expenditures

from fee-for-service medical reimbursements and an increase of

expenditures from the payment of insurance deductibles and patient

contribution amounts (co-pays and co-insurance) for program

participants. The proposal will also modify current regulatory

language that permits the Program to reimburse for Maryland Health

Insurance Plan (MHIP) costs so that this reimbursement can only be

made for as long as MHIP is available. As MHIP is phased out, the

Program will no longer pay for MHIP premiums, co-pays, and co-

insurance. Current program participants that are enrolled in MHIP

through the Program will shift from MHIP coverage to expanded

Medicaid coverage, insurance coverage through the Maryland Health

Benefit Exchange (MHBE), or will fall out of coverage altogether.

Additionally, this proposed action will prohibit a drug manufacturer

or its designee from disputing or requesting repayment of any rebate

paid (under COMAR 10.14.02.08H) more than three years after the

date the rebate was paid to the Department. This modification along

with the shift of program participants to health insurance coverage

reimbursements and from MHIP to other health insurance coverage

will result in an economic impact to the Program; however, the

Department is unable to determine the economic impact of this

proposed action due to many unknown variables.


29


Revenue (R+/R-)


Impact.

Expenditure

(E+/E-) Magnitude

A. On issuing agency: (E-) Indeterminate



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


Section II.)

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

of the proposed action.

The proposed action will allow reimbursement for deductible and

patient contribution amounts (co-pays and co-insurance) for

individuals that meet the Program’s eligibility standards.

Traditionally, the Program has reimbursed medical providers on a

fee-for-service basis for medical procedures and services related to

the diagnosis and/or treatment of breast and cervical cancer. In recent

years, the Program has enrolled a subset of its participants

(approximately 100) in MHIP. For this subset of participants, the

Program reimbursed MHIP premiums, deductibles, and patient

contribution amounts instead of following the fee-for-service

reimbursement model. However, for the majority of Program

participants these costs have not previously been incurred. The exact

costs to reimburse medical providers for program participant

deductibles and patient contribution amounts are not able to be

accurately estimated at this time. This is because individuals

enrolling in health insurance coverage via the MHBE will be able to

choose different plan options that will have differing deductible, co-

pay, and co-insurance amounts. The Department is unable to know

which plans participants may choose to enroll in, and since the

patient contribution amounts that the Program will be expected to

reimburse will vary so greatly, an accurate figure for these costs is

not able to be determined. The Program assumes that the average

patient contribution amount per program participant per year will be

approximately $5,000. However, the Program is uncertain as to how

many existing program participants who are currently have medical

services reimbursed as fee-for-service will be enrolled in new health

coverage between January 1 and March 31, 2014 (the end of open

enrollment through the MHBE). Additionally, a proportion of these

program participants may be eligible for expanded Medicaid, but the

Program is uncertain as to how many people will access either

expanded Medicaid or other health insurance coverage. The Program

assumes that there will also be program participants that will continue

to have no coverage and will need to have medical services

reimbursed under the existing fee-for-service structure.

The proposed action also modifies references to reimbursing

MHIP costs for as long as MHIP is available (estimated to end in

sometime in CY2014). Any reduction of expenditures or savings

achieved from no longer reimbursing expenses related to MHIP will

be redirected to pay for the deductibles and patient contribution

amounts for participants enrolled in other health insurance.

Additionally, this action will result in no new MHIP enrollees

through the Program and therefore no additional premiums, co-pays,

and co-insurance for MHIP will be reimbursed for new program

participants.

The additional proposed action will prohibit a drug manufacturer

or its designee from disputing or requesting repayment of any rebate

paid more than three years after the date the rebate was paid to the

Department. This provision puts the Program in alignment with

existing Medicaid regulations (COMAR 10.09.03.05-1. The

Department is unable to assess the potential economic impact

because it is unknown whether this may result in a negative revenue

impact due to the limitation of the time period for disputes and

repayment requests.



businesses.






Mental Hygiene, 201 West Preston Street, Room 512, Baltimore, MD




been scheduled.

.02 Definitions.

A. (text unchanged)

B. Terms Defined.


(62) “Program” means the Breast and Cervical Cancer

Diagnosis and Treatment Program within the Department established

to:


(b) Pay for MHIP coverage, if available, for eligible patients

in lieu of providing direct reimbursement to participating medical

care providers.


.03 Patient Eligibility.


C. Health insurance statuses which may render an applicant

eligible include the following:


(3) The applicant has health insurance other than Medical

Assistance or Medicare which:


(b) Requires that a deductible be paid by the applicant for

the covered medical procedure or service; [or]

(c) Reimburses at a rate lower than the Medical Assistance

approved rate in the State; or

(d) Has a patient contribution amount for the reimbursed

medical procedure or service that the applicant is required to pay;

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

Assistance programs:

(a)—(c) (text unchanged)

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

[(5) The applicant meets all other eligibility criteria under this

regulation and is also eligible for MHIP.]

D.—F. (text unchanged)


30


G. An eligible patient is responsible for the following:


(2) Selecting and using only a participating medical care

provider; and

(3) Signing the release of patient information form for the

Program developed and approved by the Department [; and

(4) If covered by health insurance other than Medicare or

MHIP, paying the patient contribution amount].

.04 Physician Services.

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

provider shall:


(4) Agree to accept, for each covered medical procedure

performed or service provided, the following reimbursement

including, if applicable, a medical management fee as described in

Regulation .15 of this chapter:


(b) The reimbursement rate approved by the insurer plus the

payment of the outstanding deductible and patient contribution

amount by the Department for an eligible patient who has insurance,

other than Medicare, that provides coverage for a reimbursed

procedure or service;

(c) The reimbursement rate approved by Medicare plus the

payment of the outstanding deductible and the patient contribution

amount by the Department for an eligible patient who is covered by

Medicare [only]; or

(d) (text unchanged)


[(6) Agree not to bill an eligible patient, who has health

insurance other than Medicare, for an additional charge for the

reimbursed medical procedure performed or service provided other

than the patient contribution amount, excluding the deductible; ]

[(7)] (6) Agree not to bill an eligible patient, who is uninsured

or is covered by Medicare or [MHIP] other insurance, for an

additional charge for the reimbursed medical procedure performed or

service provided;

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


E. The participating physician is responsible for the following:


(5) Submitting a bill for the reimbursed medical procedure

performed or service provided on the designated Departmental form

within 12 months of the date of service as follows:


(b) If an eligible patient is covered by Medicare or [MHIP]

or other insurance, the participating physician shall bill:

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

procedure or service in accordance with Medicare or [MHIP] the

other insurance billing specifications; and

(ii) The Department for the outstanding deductible and

patient contribution amount [; or

(c) If an eligible patient has health insurance other than

Medicare or MHIP and the insurance provides coverage for the

medical procedure or service, the participating physician shall bill

the:

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

(ii) Department for any outstanding deductible and, if the

insurer pays less than the current Medical Assistance approved rate

for the service, the difference between the insurance reimbursement

rate and the Medical Assistance approved rate in the State, and

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


F.—G. (text unchanged)

.07 Physical Therapy Services.


F. Reimbursement Principles.

(1) The Department shall reimburse the participating physical

therapist:

(a) For a covered service performed in the provider’s office

for an eligible patient who:

(i) Is uninsured or has insurance that does not provide

coverage for the reimbursed procedure or service, the current Medical

Assistance approved rate in the State[,]; or

(ii) Has [insurance other than] Medicare or [MHIP] other

insurance that provides reimbursement for a covered procedure or

service, the outstanding deductible and the patient contribution

amount required by the insurer; and

[(iii) Is covered by Medicare, pursuant to COMAR

10.09.17.06F and G;

(iv) Is covered by MHIP, pursuant to Regulation .22 of

this chapter; or

(v) Has insurance that provides reimbursement for the

covered procedure or service that is less than the current Medical

Assistance rate, the difference between the reimbursement rate

approved by the insurer and the Medical Assistance approved rate in

the State plus the payment of the outstanding deductible; and]

(b) (text unchanged)


G.—H. (text unchanged)

.08 Pharmacy Services.


C. Nonreimbursed pharmacy services include but are not limited

to:


(4) A drug not directly related to the diagnosis and treatment of

breast or cervical cancer or a complication of treatment for breast or

cervical cancer.

D. (text unchanged)

E. The Department shall reimburse the participating pharmacy:

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

(5)—(6); and

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

F.—H. (text unchanged)

I. Limitations.


(3) No manufacturer or its designee may dispute or request

repayment of any rebate paid under §H of this regulation more than

3 years after the date the rebate was paid.

J. (text unchanged)

.09 Hospital Services.

A.—D. (text unchanged)

E. The participating hospital is responsible for:

(1) Submitting a bill for the reimbursed services provided on

the designated Departmental form as follows:

(a) If an eligible patient is uninsured, or is insured[,] but the

insurance does not provide coverage for the reimbursed service, the

participating hospital shall send the Department the bill for the

service, with a denial from the patient’s insurance carrier, within 12

months of the date of discharge or outpatient service; or


other insurance, the participating hospital shall bill:


procedure or service; and


patient contribution amount;[or


31


(c) If an eligible patient has insurance other than Medicare

or MHIP and the insurance provides coverage for the reimbursed

service, the participating hospital shall bill the:

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

(ii) Department for the outstanding deductible; and

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


F. (text unchanged)

G. Reimbursement Rates.

(1) A participating hospital located in Maryland shall be

reimbursed by the Department:


(b) Pursuant to COMAR 10.09.06.10K and L for an eligible

patient who is covered by Medicare; or

[(c) Pursuant to Regulation .22 of this chapter for an eligible

patient who is covered by MHIP; or]

[(d)] (c) For an eligible patient who has insurance other than

Medicare [or MHIP] that provides coverage for the reimbursed

service, the outstanding deductible and patient contribution amount

required by the insurer.

(2) A participating hospital located in a state bordering

Maryland shall be reimbursed by the Department:








services, the outstanding deductible and patient contribution amount

required by the insurer.

(3) A participating hospital located in the District of Columbia

shall be reimbursed by the Department:




[(c) Pursuant to Regulation .22 of this chapter, for an

eligible patient who is covered by MHIP; or]



services, the outstanding deductible and patient contribution required

by the insurer.

H. (text unchanged)

.10 Disposable Medical Supplies and Durable Medical

Equipment.


E. Reimbursement Procedures. The participating medical supply

company:

(1) Shall submit the request for payment for the reimbursed

service on the form designated by the Department within 12 months

of the date of service as follows:

(a) If an eligible patient is uninsured, or is insured [,] but the

insurance does not provide coverage for the reimbursed service, the

participating medical supply company shall send the Department the

bill for the service, with a denial from the patient’s insurance carrier;

or


other insurance, the participating medical supply company shall bill:


service; and


patient contribution amount;[or


or MHIP and the insurance provides coverage for the reimbursed

service, the participating medical supply company shall bill the:

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

(ii) Department for the outstanding deductible and, if the




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


F. Reimbursement Procedures.

(1) The Department shall reimburse the participating medical

supply company:


(b) Pursuant to COMAR 10.09.12.07R and S for an eligible




[(d)] (c) The outstanding deductible and patient contribution

amount required by the insurer for an eligible patient who has

insurance, other than Medicare or [MHIP] other insurance, that

provides coverage for the reimbursed service.


G. (text unchanged)

.11 Home Health Services.


E. The participating home health services provider is responsible

for:

(1) Submitting a bill for the reimbursed service provided on the

form designated by the Department within 12 months of the date of

service, as follows:

(a) If an eligible patient is uninsured or is insured, but the

insurance does not provide coverage for a reimbursed service, the

participating home health services provider shall send the Department

the bill for the service; or


other insurance, the participating home health services provider shall

bill:


procedure or service; and




or MHIP and the insurance provides coverage for a reimbursed

service, the participating home health services provider shall bill the:

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




rate and the Medical Assistance approved rate in the State; and

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

and


F. Reimbursement Rates. A non-hospital-based participating home

health services provider located in Maryland, or a participating home

health services provider located in a jurisdiction bordering Maryland

shall be reimbursed by the Department:

(1) Pursuant to COMAR 10.09.04.07E for an eligible patient

who is uninsured or who has insurance that does not provide

coverage for the reimbursement service; and

(2) For the outstanding deductible and patient contribution

amount, if applicable, for an eligible patient who is covered by

Medicare or [MHIP] other insurance [; and].


32


[(3) The outstanding deductible required by the insurer for an

eligible patient who has insurance other than Medicare or MHIP that

provides coverage for the reimbursed service.]

G. (text unchanged)

.12 Medical Laboratory Services.

A.—C. (text unchanged)

D. Reimbursement Procedures. The participating medical

laboratory is responsible for:

(1) Submitting a bill for the reimbursed service provided on the

form designated by the Department within 12 months of the date of

service as follows:

(a) If an eligible patient is uninsured or has insurance that

does not provide coverage for the reimbursed service, the

participating medical laboratory shall send the bill to the Department;

or


other insurance, the participating medical laboratory shall bill:


service, and



(c) If an eligible patient has insurance, other than Medicare

or MHIP, and the insurance provides coverage for the reimbursed

service, the participating medical laboratory shall bill the:

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





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

and


E. Payment Procedures.

(1) The Department shall pay the participating medical

laboratory for a reimbursed service:

(a) Pursuant to COMAR 10.09.09.07E for an eligible patient

who is uninsured or has insurance that does not provide coverage for

the reimbursed service; or

(b) Pursuant to COMAR 10.09.09.07F and G for an eligible

patient who is covered by Medicare[;

(c) Pursuant to Regulation .22 of this chapter for an eligible

patient who is covered by MHIP; or

(d) For an eligible patient who has insurance, other than

Medicare or MHIP, that provides coverage for the reimbursed

service, the outstanding deductible required by the insurer plus, if the


for the service, the difference between the insurer’s reimbursement

rate and the Medical Assistance approved rate in the State].


F. (text unchanged)

.13 Freestanding Ambulatory Surgical Center Services.


D. A participating freestanding ambulatory surgical center shall:


(2) Submit a bill for the reimbursed service provided for an

eligible patient on the form designated by the Department within 12

months of the date of service as follows:

(a) If an eligible patient is uninsured or has insurance that

does not provide coverage for the reimbursed service, the

participating freestanding ambulatory surgical center shall send the

bill to the Department; or


other insurance, the participating freestanding ambulatory surgical

center shall bill:

(i) Medicare or [MHIP] the other insurance the

composite rate for the service or procedure performed; and


patient contribution amount [;or.

(c) If an eligible patient has insurance, other than Medicare

or MHIP, that provides coverage for the reimbursed service, the

participating freestanding ambulatory surgical center shall bill the:

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

performed,

(ii) Department for the outstanding deductible, and

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

E. The Department shall pay the participating freestanding

ambulatory surgical center for a reimbursed service:


(2) Pursuant to COMAR 10.09.42.06F—L for an eligible


[(3) Pursuant to Regulation .22 of this chapter for an eligible


[(4)] (3) The outstanding deductible and patient contribution

amount required by the insurer for an eligible patient who has

insurance, other than Medicare [or MHIP], that provides coverage for

the reimbursed service.

F. (text unchanged)

.14 Occupational Therapy Services.


E. Reimbursement Principles.

(1) The Department shall reimburse the participating

occupational therapist:

(a) For a covered service performed in the provider’s office

for an eligible patient who:


(ii) Has insurance other than Medicare [or MHIP] that

provides reimbursement for a covered procedure or service, the

outstanding deductible required by the insurer; or

(iii) Is covered by Medicare or [MHIP] other insurance,

the outstanding deductible and patient contribution amount;[or

(iv) Has insurance that provides reimbursement for the

covered procedure or service that is less than the Medical Assistance

rate, the difference between the reimbursement rate approved by the

insurer and the Medical Assistance approved rate in the State plus the

payment of the outstanding deductible;] and

(b) (text unchanged)


F.—G. (text unchanged)

.22 Maryland Health Insurance Plan Coverage.

A. In lieu of providing direct reimbursement to participating

medical care providers, the Program may pay MHIP, if available, to

provide health coverage for individuals enrolled in the Program who

are also eligible for MHIP.

B. The Program may pay MHIP, if available, for health coverage

for eligible patients, including:


C. The Program may not pay any amount to MHIP, if available,

for an eligible patient’s spouse, children, or other family members

enrolled in MHIP.

D.—E. (text unchanged)




33


Subtitle 14 CANCER CONTROL

10.14.05 Maryland Cancer Fund

Authority: Health–General Article, §20–117, Annotated Code of Maryland


[14-013-P]


Regulations .02, .08, .14, and .16 under COMAR 10.14.05

Maryland Cancer Fund.


The purpose of this action is to revise and update the regulations

to ensure that the Maryland Cancer Fund aligns with health reform

changes, effective January 1, 2014. The proposed amendments will:

(1) Eliminate references to enrolling individuals in the

Maryland Health Insurance Plan (MHIP);

(2) Amend references to reimbursing grantee MHIP costs; and

(3) Allow reimbursement to grantees for deductibles, co-pays,

and co-insurance for individuals with any insurance.







businesses.






Mental Hygiene, 201 West Preston Street, Room 512, Baltimore, MD




scheduled.

.02 Definitions.

A. (text unchanged)

B. Terms Defined.


(21) “Federal poverty level” means [the amount of household

income by family size that a family needs for basic necessities as

determined by the federal] the poverty guidelines, as amended, which

are updated [annually] periodically in the Federal Register by the

U.S. Department of Health and Human Services and which are

incorporated by reference by COMAR 10.11.03.01–1.


(34) “Patient contribution amount” means the amount of

money required by an individual’s health insurance policy to be paid

by the individual for a given medical procedure or service received,

excluding the deductible.

[(34)] (35)—[(42)] (43) (text unchanged)

.08 Allowed Uses of the Funds.


D. If a grantee is funded to conduct cancer secondary prevention

or treatment, the grantee shall only provide clinical services to

individuals who:

(1) Are Maryland residents; and

[(2) Are uninsured at the time of application for the grant and

remain uninsured at the time of service delivery; and]

[(3)] (2) Have an annual family income that is not more than

250 percent of the federal poverty [level] guidelines.

E. If a grantee is funded to conduct cancer treatment, a grantee

may use the grant funds [to either]:

(1) [Pay] For grants awarded before January 1, 2014 to

provide MHIP reimbursement, to pay up to a maximum of $15,000

for direct costs per individual per year for the premium, deductible,

coinsurance, and copay of the MHIP costs and for services not

covered under MHIP [for individuals who;

(a) Meet the eligibility criteria in §D of this regulation; and

(b) Apply for and are accepted for MHIP coverage]; or

(2) To pay up to a specified amount, as determined by the

Department, for direct costs per individual per year for the:

(a) Deductible and patient contribution amount for the

reimbursed medical procedure or service for insured individuals; and

(b) Medical procedure or service not covered under their

health insurance policy for individuals who meet the eligibility

criteria of §D of this regulation; or

[(2)] (3) [Pay] To pay up to a maximum of $20,000 for direct

costs per individual per year for the cancer treatment costs under the

individual’s treatment plan:


F. If a grantee is funded to pay for cancer treatment [under §E(1)

of this regulation, the grantee]:

(1) [Shall] Under §E(1) of this regulation, the grantee shall

only pay or direct the Department to pay MHIP the following for

services directly related to the treatment of cancer for the individual

diagnosed with cancer:


(d) Copays; [and]

(2) Under §E(2) of this regulation, the grantee shall only pay

or direct the Department to pay the deductible and patient

contribution amount for the reimbursed medical procedure or service

that the individual is required to pay for the services directly related

to the diagnosis and treatment of cancer; and

[(2)] (3) May not pay any amount for the individual’s spouse,

children, or other family members’ [enrolled in MHIP] health

insurance costs.

G. For the purpose of §F(1) and (2) of this regulation, the

Department shall pay the [MHIP fees] health insurance costs out of

the funds that are set aside for the grantee.

H. (text unchanged)

.14 Application Process for Cancer Treatment Grants.


D. An applicant seeking a cancer treatment grant to pay for

[cancer treatment] deductibles and patient contribution costs through

[the MHIP] their health insurance policy under Regulation [.08E(1)]

.08E(2) of this chapter shall include in the Department’s application

packet:

(1) [A copy of the completed MHIP enrollment application;

and] A completed and signed Maryland Cancer Fund – Cancer

Treatment Grant application that;

(a) Certifies that the applicant shall pay:

(i) The deductible and patient contribution amount; and

(ii) Costs for services not covered under the individual’s

health insurance policy for a time period not to exceed 1 year; and

(b) Includes a treatment plan for a total request not to

exceed a specified amount, as determined by the Department, per

individual per year, including the:

(i) Deductible and patient contribution amount; and

(ii) Costs for services not covered under the individual’s

health insurance policy.


34


(2) [A signed application that:

(a) Certifies that the applicant shall pay:

(i) The premium, deductible, coinsurance, and copay of

the MHIP costs; and

(ii) For services not covered under MHIP for a time

period not to exceed 1 year for the individual for whom the MHIP

enrollment form is completed; and

(b) Includes a treatment plan for a total request not to exceed

$15,000 per individual per year, including the:

(i) MHIP costs of the premium, deductible, coinsurance,

and copay; and

(ii) Costs for services not covered under MHIP.]

Documentation of the individual’s health insurance policy.

E. An applicant seeking a cancer treatment grant to pay directly

for cancer treatment costs under Regulation [.08E(2)] .08E(3) of this

chapter shall include in the Department’s application packet:

(1) A completed [non–MHIP] Maryland Cancer Fund –

Cancer Treatment Grant application [form]; and


.16 Payments, Terms, and Conditions of Grant Awards, and

Terminations.


C. Progress Reports.


(4) A grantee receiving a cancer treatment grant shall include

the following information in the comprehensive final report for each

individual [for whom the grantee is paying MHIP premiums or for

whom the grantee is] receiving funds for cancer treatment:

(a)—(g) (text unchanged)


D.—I. (text unchanged)



Subtitle 27 BOARD OF NURSING

10.27.05 Practice of Nurse Midwifery

Authority: Health Occupations Article, §8-205 (a)(1), (2), and (4), Annotated

Code of Maryland


[14-015-P]


Regulations .01 and .02, repeal existing Regulations .03 and .08,

recodify existing Regulations .04, .06, and .12 to be Regulations .03,

.05, and .10 respectively, and amend and recodify existing

Regulations .05, .07, .09—.11, and .13 to be Regulations .04, .06,

.07—.09, and .11 respectively under COMAR 10.27.05 Practice of

Nurse Midwifery. This action was considered by the Maryland

Board of Nursing at a public meeting held on August 20, 2013, notice

of which was given by publication on the Board’s website under

Board News on July 1 and August 1, 2013.


The purpose of this action is to:

(1) Add definitions for advanced practice nursing and

certification for advanced practice;

(2) Require a certified nurse midwife (CNM) to establish

practice guidelines established by the American College of Nurse

Midwives or any other certifying body recognized by the Board;

(3) Add current requirements for advanced practice education;

(4) Specify that a medical record is required for each client and

that the medical record should accompany the client in case there is a

transfer of care;

(5) Require a CNM to maintain a plan for emergency

consultation, transfer of care, and, if required, an admission plan for

the client or newborn;

(6) Authorize a CNM to consult or collaborate with a physician

or other health care provider as needed;

(7) Repeal the requirement that CNM’s have a Board approved

collaborative plan for each patient and as a condition of practice;

(8) Repeal the requirement for a Review Committee on

Midwifery;

(9) Specify that a CNM cannot practice on an expired national

certification; and

(10) Make clarifying, technical, and conforming changes to

ensure consistency with terms in other chapters in this subtitle.







businesses.






Mental Hygiene, 201 W. Preston Street, Room 512, Baltimore, MD




been scheduled.

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

[(1) “AMCB” means the American Midwifery Certification

Board.

(2) “ACNM” means the American College of Nurse

Midwives.]

(1) “ACNM” means the American College of Nurse Midwives.

(2) “Advanced practice registered nurse (APRN)” means a

registered nurse who holds a current license as:

(a) A certified nurse midwife (CNM);

(b) A certified registered nurse anesthetist (CRNA);

(c) A certified nurse practitioner (CRNP);

(d) A clinical nurse specialist (CNS); or

(e) An advanced practice registered nurse/ psychiatric

mental health (APRN/PMH).

(3) “AMCB” means the American Midwifery Certification

Board.


(5)”Certification” means the status granted to a registered

nurse who has:

(a) Met all the specified requirements of a national

certifying body recognized by the Board: and

(b) Complied with the requirements of this chapter.

[(4)] (6) “Certified nurse midwife” means a registered nurse

who [is:

(a) Certified by one of the following:

(i) By the AMCB; or]:

[(ii) By] (a) Is certified by the AMCB or any other certifying

body [approved] recognized by the

Board; [and]


35


(b) Has received an advanced nursing education at a

master’s degree level or higher after completing the basic registered

nursing program;

(c) Has completed an advanced nursing education program

with a specialization in midwifery that is accredited by:

(i) The National League for Nursing Accreditation

Commission (NLNAC);

(ii) The Commission on Nursing Education (CCNE); or

(iii) Any other certifying body recognized by the Board;

and

[(b) Certified] (d) Is certified by the Board.

[(5)] (7) “Clinical practice guidelines” means written standards

using guidelines [such as those established ]:

(a) Established by the ACNM in Standards for the Practice

of Midwifery, as amended or supplemented, and available from

ACNM, 8403 Colesville Road, Suite 1550, Silver Spring, MD 20910;

or [any]

(b) Any other certifying body [approved] recognized by the

Board [or any other guidelines approved by the Board that the nurse

midwife has adopted and follows in practicing as a midwife].

[(6) “Collaborative plan” means the development and

implementation of a plan:

(a) For consultation and collaboration with and referral to a

physician and other health care providers to address complications:

(i) During a pregnancy; and

(ii) Beyond the educational preparation and scope of

practice of the certified nurse midwife that require the consultation or

attendance of a physician or other health care provider; and

(b) That includes an assurance that a client can be

transferred, whenever required, to the care of a physician with

admitting privileges to a facility with an OB/GYN unit located in the

client’s geographic area.]

[(7)] (8)—[(13)] (14) (text unchanged)

[(14) “Review committee” means the Review Committee on

Nurse Midwifery composed of an equal number of members

appointed by the Board and the MBP.]

.02 Certification.

A. An applicant for certification as a nurse midwife shall hold a

current:

[A. Hold a current license] (1) License to practice registered

nursing in Maryland;

[B. Hold a current certification] (2) Certification as a nurse

midwife from the AMCB or any other certifying body [approved]

recognized by the Board;

[C.] (3) (text unchanged)

[D.] (4) Submit an affidavit that the applicant [is in

compliance] agrees to comply at all times with the clinical practice

guidelines [as defined] in accordance with Regulation .01B (7) of

this chapter; and

[E.] (5) (text unchanged)

B. If the applicant’s nurse midwifery program was completed

before July 1, 2014, and was not at a Master’s degree or higher level,

but the applicant otherwise qualifies, the applicant for certification

as a CNM shall provide the Board with:

(1) Verification of completion of a nurse midwifery program

recognized by AMCB; and

(2) Current national certification by AMCB.

[.05] .04 Required Documentation.

A. A certified nurse midwife who provides home birth services

and other services across the reproductive lifespan shall: [complete

an individual care plan for each patient that includes plans for:

(1) Emergency consultation;

(2) Transfer of care; and

(3) When needed, admission to a hospital within the client’s

geographic area]

(1) Maintain a medical record for each client; and

(2) In the case of a transfer of care to another provider or a

facility, transfer the client’s medical records with the client.

B. A certified nurse midwife shall have available at all times for

examination by the Board, written clinical practice guidelines that

cover all aspects of care, practice, and quality assurance, including

but not limited to:

(1) A plan for emergency consultation;

(2) A plan for transfer of care; and

(3) If needed, a plan for admission of the client or newborn to a

hospital within the client’s geographic area.

[.07] .06 Scope of Practice.

A. A certified nurse midwife who meets the requirements of

Regulation .02 of this chapter may perform the following functions:


(2) [Management, in collaboration with a physician, of clients

with medical complications] Consult or collaborate with a physician

or other health care provider as needed; and

(3) Refer clients with complications beyond the scope of

practice of the certified nurse midwife to a licensed physician [; and]

[(4) Consult with and refer to other health care professions in

the delivery and evaluation of health care].

B. (text unchanged)

[C. A certified nurse midwife shall immediately advise the Board

if the collaborative plan is ended by either party.]

[D.] C. A certified nurse midwife has the right and obligation to

refuse to perform any delegated medical act, oral or written, if, in the

certified nurse midwife’s judgment, it is unsafe or an invalidly

prescribed medical act or beyond the competence of the certified

nurse midwife, in which case the nurse midwife shall notify the

delegating physician at once.

[.09] .07 Nurse Midwife Peer Review Advisory Committee.

The Board shall appoint at least four certified nurse midwives

from names submitted for consideration to act as its Advisory

Committee [, with such powers and duties as the Board may

prescribe] in accordance with Health Occupations Article, §8-503,

Annotated Code of Maryland.

[.10] .08 Renewal of Certification.

A. (text unchanged)

B. Before a nurse midwife’s certification expires, the midwife may

renew [annually] biennially if the nurse midwife:

(1) Submits documentation of a current national certification in

midwifery from a certifying body recognized by the Board;

[(1)] (2)—[(3)] (4) (text unchanged)

[.11] .09 Compliance.

A. The certified nurse midwife shall develop and comply with

clinical practice guidelines as defined in Regulation [.03B ] .01B of

this chapter.

B. The certified nurse midwife shall ensure that the Board has a

record of the renewed certification if the certification expires before

the registered nurse license renewal date.

C. Certification shall be deemed to have lapsed if the Board does

not have a record of a current active certification.

D. Practicing on an expired national certification is prohibited

and subject to discipline under Health Occupations Article, §8-

316(a), Annotated Code of Maryland.

[.13] .11 Prescribing of Substances by a Certified Nurse Midwife.

A. Pursuant to Health Occupations Article, §8-601, Annotated

Code of Maryland, a certified nurse midwife may:



36


(3) Dispense substances prescribed in accordance with §A(1) and

(2) of this regulation in the course of treating a [patient] client at a:

(a)—(e) (text unchanged)

B. The Board shall:

(1) Consult [annually] with the [MBP and the Pharmacy Board]

Maryland Board of Pharmacy and Maryland Board of Physicians to

review the formulary and make revisions as necessary; [and]

(2) Maintain a list of all certified nurse midwives who are

authorized to prescribe[, and];

(3) Maintain a record of the approved formulary [which shall

be made available to Maryland pharmacies through annual mailings

and]; and

(4) Provide a copy of the approved formulary to Maryland

pharmacies upon written request.



Subtitle 37 HEALTH SERVICES COST

REVIEW COMMISSION

10.37.01 Uniform Accounting and Reporting

System for Hospitals and Related Institutions

Authority: Health-General Article, §§19-207, 19-212, and 19-215, Annotate

Code of Maryland


[14-011-P-I]

The Health Services Cost Review Commission proposes to amend

Regulation .02 under COMAR 10.37.01 Uniform Accounting and

Reporting System for Hospitals and Related Institutions. This

action was considered and approved for promulgation by the

Commission at a previously announced open meeting held on

November 6, 2013, notice of which was given pursuant to State

Government Article, §10-506(c), Annotated Code of Maryland. If

adopted the proposed amendments will become effective on or about

March 3, 2014.


The purpose of this action is to update the Commission’s Manual

entitled “Accounting and Budget Manual for Fiscal and Operating

Management (August, 1987)”, which has been incorporated by

reference.







businesses.




Comments may be sent to Diana Kemp, Regulations Coordinator,

Health Services Cost Review Commission, 4160 Patterson Avenue,

Baltimore, MD 21215, or call 410-764-2576, or email to



been scheduled.

Editor’s Note on Incorporation by Reference

Pursuant to State Government Article, §7-207, Annotated Code of

Maryland, the Accounting and Budget Manual for Fiscal and

Operating Management (August 1987), Supplement 22, has been

declared a document generally available to the public and appropriate

for incorporation by reference. For this reason, it will not be printed

in the Maryland Register or the Code of Maryland Regulations

(COMAR). Copies of this document are filed in special public

depositories located throughout the State. A list of these depositories

is published on page 9 of this issue, and is available online at

www.dsd.state.md.us. The document may also be inspected at the

office of the Division of State Documents, 16 Francis Street,

Annapolis, Maryland 21401.

.02 Accounting System; Hospitals.

A. The Accounting System.


(2) The “Accounting and Reporting System for Hospitals”, also

known as the Accounting and Budget Manual for Fiscal and

Operating Management (August, 1987), is incorporated by reference,

including the following supplements:

(a)—(s) (text unchanged)

(t) Supplement 20 (May 16, 2011); [and]

(u) Supplement 21 (June 5, 2012); and

(v) Supplement 22 (March 3, 2014).



JOHN M. COLMERS

Chairman

Health Services Cost Review Commission

Subtitle 37 HEALTH SERVICES COST

REVIEW COMMISSION

10.37.01 Uniform Accounting and Reporting

System for Hospitals and Related Institutions

Authority: Health-General Article, §§19-207, 19-211, 19-212, 19-215 — 19-217,

19-218, 19-220, 19-224, and 19-303, Annotated Code of Maryland


[14-010-P]

The Health Services Cost Review Commission proposes to amend

Regulation .03 under COMAR 10.37.01 Uniform Accounting and

Reporting System for Hospitals and Related Institutions. This

action was considered and approved for promulgation by the

Commission at a previously announced open meeting held on

November 6, 2013, notice of which was given pursuant to State

Government Article, §10-506(c), Annotated Code of Maryland. If

adopted the proposed amendments will become effective on or about

March 3, 2014.


The purpose of this action is to require hospitals to include

revenue and utilization breakouts for out-of-State and Medicare

patients in the monthly reporting, effective January 1, 2014. The data

shall be submitted in the manner and format prescribed by the

Commission, and as described on the Commission’s website.




37



I. Summary of Economic Impact. The HSCRC is expanding its

current data collection activity to include revenue4 and utilization

breakouts for out-of-state and Medicare patients in monthly

reporting. The HSCRC has procured technical and programming

assistance for adding these web-based additional data collection

components at a cost of $25,000

Revenue (R+/R-)


Impact.

Expenditure

(E+/E-) Magnitude

A. On issuing agency: (E+) $25,000



Benefit (+)

Cost (-) Magnitude

D. On regulated industries or

trade groups: (-) Minimal


trade groups: NONE


on public: NONE


Section II.)

A. The HSCRC is expanding its current data collection activity to

include revenue4 and utilization breakouts for out-of-State and

Medicare patients in monthly reporting. The HSCRC has procured

technical and programming assistance for adding these web-based

additional data collection components at a cost of $25,000

D. The data already exist at hospitals. They have to be extracted in

order to meet the reporting requirements. The HSCRC anticipates

that the cost of Extraction will be minimal



businesses.




Comments may be sent to Diana Kemp, Regulations Coordinator,

Health Services Cost Review Commission, 4160 Patterson Avenue,

Baltimore, MD 21215, or call 410-764-2576, or email to



been scheduled.

.03 Reporting Requirements; Hospitals.


D. Monthly Reports of Achieved Volumes and Revenues.

(1) The following monthly volume and revenue reports are

required to be submitted by each [Section 556] hospital under the

jurisdiction of the Commission, with the exception of those hospitals

that are a part of the Department of Health and Mental Hygiene:

(a) Statistical Data and Revenue Summary – Daily Hospital

Services [(MS)];

(b) Statistical Data and Revenue Summary—Ambulatory

Services and Admissions Services [(NS)];

(c) Statistical Data and Revenue Summary – Ancillary

Services [(PSA, SB);].

[(d) Gross Patient Revenues – (RSA, RSB, RSC).]

(2) [Schedules MS, NS, PSA, PSB and RSA, RSB, and RSC]

The Monthly Reports of Achieved Volumes and Revenues shall be

completed on the basis of actual data in the [form] format prescribed

by the Commission [contained in the “Accounting and Reporting

System for Hospitals”].

(3) [Schedules MS, NS, PSA, PSB and RSA, RSB, and RSC]

The Monthly Reports of Achieved Volumes and Revenues shall be

submitted within 30 days after the end of each month of the calendar

year in the format prescribed by the Commission.

(4) The Monthly Reports of Achieved Volumes and Revenues

submitted under this section shall be made in the format as published

in the Maryland Register and on the Commission’s website

(http://www.hscrc.maryland.gov).

[E. Monthly Report of Rate Compliance.

(1) The following monthly report of rate compliance is required

to be submitted by each Section 556 hospital, with the exception of

those hospitals that are a part of the Department of Health and Mental

Hygiene: Statistical Data Summary – Rate Compliance (CSA, CSB).

(2) Schedules CSA, CSB shall be completed on the basis of

actual data in the form prescribed by the Commission contained in

the “Accounting and Reporting System for Hospitals”.

(3) Schedules CSA, CSB shall be submitted within 30 days

after the end of each month of the calendar year in the format

prescribed by the Commission.]

[F. Repealed.]

[G.] E.—[Q.] T. (text unchanged)

JOHN M. COLMERS

Chairman

Health Services Cost Review Commission

Title 11

DEPARTMENT OF

TRANSPORTATION

Subtitle 05 MARYLAND PORT

ADMINISTRATION

11.05.05 The World Trade Center Baltimore

Building and Grounds

Authority: Transportation Article, §§6-101, 6-201.2(b)(2), and

6-204(c)(i)(j),(l), Annotated Code of Maryland;

Executive Order 01.01.1992.20


[14-009-P]

The Maryland Port Administration proposes to amend Regulations

.02, .03, and .06 and adopt new Regulations .09 and .10 under

COMAR 11.05.05 The World Trade Center Baltimore Building

and Grounds. This action was considered at an open meeting on

October 1, 2013.


The purpose of this action is to set forth reasonable time, place,

and manner restrictions on those individuals, groups of persons, or

organizations that desire to engage in activities implicating the First

Amendment, such as distribution of literature, charitable solicitation

and expressions of opinions and ideas in various forms at the World

Trade Center - Baltimore.


38





I. Summary of Economic Impact. Anticipated additional revenue

is based on the actual collection of the application fee.

Revenue (R+/R-)


Impact.

Expenditure

(E+/E-) Magnitude

A. On issuing agency: (R+) Minimal

B. On other State

agencies: NONE


Benefit (+)

Cost (-) Magnitude

D. On regulated

industries or trade groups: NONE Indeterminable


trade groups: NONE Indeterminable


effects on public: NONE Indeterminable


Section II.)

A. The intent of this fee is to help cover administrative costs by

the Maryland Port Administration. It is difficult to estimate the

potential revenue to the Administration as it has not been set and the

applicant can ask for the fee to be waived.

D. The intent of this fee is to help cover administrative costs by

the Maryland Port Administration. It is difficult to estimate the

potential revenue to the Administration as it has not been set and the

applicant can ask for the fee to be waived.

E. The intent of this fee is to help cover administrative costs by the

Maryland Port Administration. It is difficult to estimate the potential

revenue to the Administration as it has not been set and the applicant

can ask for the fee to be waived.

F. The intent of this fee is to help cover administrative costs by the

Maryland Port Administration. It is difficult to estimate the potential

revenue to the Administration as it has not been set and the applicant

can ask for the fee to be waived.



businesses.




Comments may be sent to Michele Hardwick, Coordinator, MPA,

401 E Pratt St., 20th Floor, Baltimore, MD 21202, or call 410-385-

4791, or email to [email protected], or fax to 410-

333-4225. Comments will be accepted through February 10, 2014. A

public hearing has not been scheduled.

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) “9/11 Memorial” means the marble plinth and the steel

artifact from the World Trade Center New York mounted upon it

located near the center of the WTC Plaza, the three limestone blocks

from the Pentagon located at the east side of the WTC Plaza, the

three black monoliths representing the crash of United Airlines

Flight 93 at Shanksville, PA, also located at the east side of the WTC

Plaza, and a stone marker on the east side of the WTC Plaza

explaining the 9/11 Memorial. The term WTC Property includes the

9/11 Memorial.

[(1)] (2) — [(13)] (14) (text unchanged)

[(14)] (15) “WTC Plaza” means [the brick plaza located] area

between the north side of the building and the access driveway on

Pratt Street and bound on the east and west sides of the WTC

property by the concrete plank drainage system (drain tile).

[(15)] (16) “WTC Property” means the WTC building, the

WTC Plaza, and all structures, and improvements to said property,

[and grounds adjacent to it,] and all WTC parking areas, which are

owned, leased, operated by, or under the control of the MPA.


.03 Use of WTC Property.

A. — E. (text unchanged)

[F. No portion of the WTC, including the WTC building, plaza,

and property, is a public forum.]

.06 Preservation of Property.

A. (text unchanged)

B. A person who violates this regulation, in addition to any other

penalties prescribed in this chapter, shall be liable for any loss or [or]

damages to real or personal property caused by the violation.

.09 First Amendment Activities.

A. First Amendment Activities Covered by these Regulations.

(1) “Demonstration” means a gathering of persons for the

purpose of expressing a group opinion to observers through use of

their speech, signs, and/or expressive conduct, excluding expression

of a message for commercial purposes.

(2) “Distribution” means the distribution of literature and

materials for the exposition of ideas and opinions in the exercise of

freedom of speech, association, assembly, and religion, but excluding

purely commercial materials.

(3) “Solicitation” means the solicitation of funds on behalf of

not-for-profit organizations for charitable, philanthropic, patriotic,

political, or religious purposes, or the collection of petition

signatures.

B. Demonstration, distribution, or solicitation shall be permitted

on WTC Property only when authorized by the Administration and

conducted in accordance with these regulations.

C. Permits and Restrictions.

(1) A group of 15 or more persons desiring to engage in

demonstration, distribution, or solicitation on WTC Property, must

first obtain a written permit from the Administration for the proposed

activity and, having obtained a permit, is sometimes referred to

herein as a “Permittee.”

(2) Permits shall be issued on a first-come, first-served basis.

(3) The MPA may charge a uniform fee for reviewing a permit

application and granting a permit under this section. Upon request

by the applicant, MPA may waive the fee based upon the ability of the

applicant to pay the fee.


39


(4) These activities shall be confined to the WTC Plaza within

areas designated by the Administration.

(5) These activities may not obstruct, delay, interfere with the

free movement of, or impede any person, including, but not limited to

pedestrians transiting the WTC Property, Tenants entering and

exiting the WTC Building, or persons viewing or visiting the 9/11

Memorial. The Administration may designate and rope off

reasonable ingress, egress, and public pedestrian routes.

(6) These activities shall be permitted only between 8 a.m. and

8 p.m., except that leafleting shall be permitted during large public

events occurring in the Inner Harbor Park of Baltimore after 8 p.m.

(7) The number of participants in any permitted activity may be

limited to a number reasonable under the circumstances, as

determined by the Administration and the MDTA Police, to preserve

safety, order, and ingress, egress, and public pedestrian routes.

(8) A person engaged in disorderly drinking as defined by the

Baltimore City Police Ordinances or publically intoxicated as

defined under Maryland law will not be permitted to participate in

these activities.

(9) These activities shall be conducted in a peaceful and

orderly manner. A person, group of persons, or organization

participating in an activity may not:

(a) Impede, physically grasp at or touch Tenants, the public,

or pedestrians using or transiting the WTC Property or viewing the

9/11 Memorial, or attach objects to their clothing without their

consent;

(b) Engage in Aggressive Solicitation as defined by the

Baltimore City Code or unlawful harassment;

(c) Engage in disorderly conduct;

(d) State or represent that he, she, or the organization is a

representative of, or is otherwise affiliated with the Maryland Port

Administration, the Maryland Department of Transportation, or the

State of Maryland; or

(e) Unreasonably disturb WTC tenants or the public in the

course of normal business activity or viewing of the 9/11 Memorial

on WTC Property.

(10) A person, group of persons, or organization conducting an

activity shall be responsible for maintaining the cleanliness of the

WTC Property and for removing all litter attributable to their

activities from the WTC Property before departure.

(11) Any person, organization, or other legal entity conducting

an activity shall be responsible for any damages to any WTC

Property, or to any other real or personal property, caused by that

person’s, organization’s, or other legal entity’s actions, including,

but not limited to any cleaning or repair costs incurred by MPA.

(12) Pamphlets, handbills, leaflets, signs, placards, posters,

collection boxes or containers, and similar materials may not be left

unattended on WTC Property.

(13) Electronic sound-amplifying equipment other than a

battery operated handheld megaphone being used facing away from

the plinth of the 9/11 Memorial may not be used in conducting these

activities on WTC Property unless expressly authorized by MPA.

(14) A person, group of persons, or organization engaging in

demonstration, distribution, or solicitation on WTC Property shall

abide by the terms of the permit, this chapter, and local, State, and

federal law.

.10 Permits.

A. The procedures in §C of this regulation shall be followed in

applying for a permit to engage in demonstration, distribution, or

solicitation on WTC Property.

B. In granting a permit, the WTC Manager shall exercise no

discretion except as provided in these regulations.

C. Procedures.

(1) Any group or organization of 15 or more persons seeking to

engage in demonstration, distribution, or solicitation on WTC

Property must first obtain a written permit from the Administration.

(a) To obtain a permit, the applicant shall submit to the

Administration during normal business hours a written permit

application no later than 2 working days before the date requested

for the activity. MPA will waive or lessen this 2-day requirement in

order to permit first amendment activities that arise in response to

imminent events.

(b) The application shall be on a form provided by the

Administration that shall set forth the location where such permit

application shall be filed.

(2) The application for the permit shall include:

(a) The full name, mailing address, telephone number, and

email address of the person or organization applying for the permit,

and, if a group or organization, the name, address, and telephone

number of a designated representative;

(b) The full name, mailing address, telephone number, and

email address of the person who will supervise and be responsible for

the conduct of the proposed activities;

(c) The date and times of the proposed activity, provided

that a permit will not be issued for any time between the hours of 8

p.m. and 8 a.m.;

(d) A brief description of the proposed activity, including the

method of communication and which type of permit is requested, for

example, whether for demonstration, distribution, or solicitation;

(e) The number of persons expected to participate; and

(f) The signature of the applicant.

(3) Application Review.

(a) The WTC Manager shall review each application

promptly.

(b) If the application is incomplete, the WTC Manager shall

make reasonable efforts to inform the applicant.

(c) If the application is complete, the WTC Manger shall

forward the application to the MDTA Police, and the Administration

Security Department for review, comment, and signature.

(4) A permit shall be issued unless the WTC Manager, the

Administration, or the MDTA Police specifically finds:

(a) The information contained in the permit application is

incomplete or contains material misrepresentations;

(b) The applicant refuses to sign the permit;

(c) The proposed activity interferes with a previously issued

permit or scheduled event;

(d) An emergency situation exists;

(e) The proposed activity interferes materially with

vehicular or pedestrian traffic, including viewing of the 9/11

Memorial;

(f) The proposed activity interferes materially with the

normal business activities of WTC tenants;

(g) The proposed activity, on its face, violates any law,

ordinance, or regulation of the federal, State, or Baltimore City

governments; or

(h) The proposed activity reasonably appears to present a

clear and present danger to the public safety, health welfare, or good

order.

(5) The applicant shall sign the permit and return it to the

offices of the WTC Manager at least 12 hours before the proposed

activity. MPA will waive or lessen this twelve-hour requirement in

order to permit first amendment activities that arise in response to

imminent events.

D. A permit may be revoked at any time if the:

(1) Terms or conditions of the permit are violated;


40


(2) Activities or conduct of the Permittee present a clear and

present danger to the public health, welfare, or safety; or

(3) Activities of the Permittee constitute a violation of any

applicable law or regulation.

E. Appeal of Permit Decisions.

(1) Any person whose permit request is denied in full or in

part, or revoked, may appeal the decision to the MPA Director of

Commercial Management, by means of a letter stating the grounds

therefore, within 5 working days of receiving a response from the

WTC Manager.

(2) The MPA Director of Commercial Management shall

review the initial permit decision and the appeal, and shall issue a

written decision affirming the denial or challenged limitation, or

granting or modifying the permit as requested, within 7 working days

of receipt of such appeal.

(3) The MPA Director of Commercial Management’s

decision shall be sent certified mail to the responsible person at the

address provided, with a copy by email or fax, or both, when

provided, and shall be effective upon such service.

(4) The MPA Director of Commercial Management’s

decision shall constitute a final decision of the Administration, and

may be appealed to an appropriate court as provided by law.

M. KATHLEEN BROADWATER

Deputy Executive Director

Maryland Port Administration

Subtitle 07 MARYLAND

TRANSPORTATION AUTHORITY

11.07.01 Transportation of Hazardous Materials

Authority: Transportation Article, §§4-205, 21-1403, and 21-1411, Annotated

Code of Maryland


[14-002-P]

The Maryland Transportation Authority proposes to amend

Regulations .01, .02, .05, and .06 under COMAR 11.07.01

Transportation of Hazardous Materials. This action was

considered by the Chairman and members of the Maryland

Transportation Authority at an open meeting held on October 24,

2013, notice of which was given through placement on the MDTA

website (www.mdta.maryland.gov).


The purpose of this action is to amend existing regulations to

clarify the process of transporting hazardous materials.







businesses.




Comments may be sent to Patrick A. Fleming, Manager of

Government Relations, Maryland Transportation Authority, 2310

Broening Hwy, Baltimore, MD 21224, or call 410-537-1089, or

email to [email protected], or fax to 410-537-5653.

Comments will be accepted through February 10, 2014. A public

hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the Maryland

Transportation Authority during a public meeting to be held on February

27, 2014 at 9 a.m., at 2310 Broening Highway, Baltimore, MD 21224.

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) “Authority property” means the following facilities and

their approaches:

(a) Baltimore Harbor Tunnel (I-895);

(b) William Preston Lane, Jr. Memorial Bridge (U.S.

50/301);

(c) Harry W. Nice Memorial Bridge (U.S. Route 301);

(d) Thomas J. Hatem Memorial Bridge (U.S. Route 40);

(e) Francis Scott Key Bridge (MD 695);

(f) John F. Kennedy Memorial Highway (I-95);

(g) The I-95 Fort McHenry Tunnel (I-95); and

(h) The InterCounty Connector (MD 200).

[(1)](2)—[(9)](10) (text unchanged)

[(10) “Transportation Facilities Projects” means the following

facilities and their approaches:

(a) Baltimore Harbor Tunnel (I-895);

(b) William Preston Lane, Jr. Memorial Bridge (U.S. 50/301);

(c) Harry W. Nice Memorial Bridge (U.S. Route 301);

(d) Thomas J. Hatem Memorial Bridge (U.S. Route 40);

(e) Francis Scott Key Bridge (MD 695);

(f) John F. Kennedy Memorial Highway (I-95); and

(g) The I-95 Fort McHenry Tunnel (I-95).]

.02 General.

A. (text unchanged)

B. A vehicle loaded with any hazardous material or a tank vehicle

which last contained a hazardous material may not be allowed on or

in any [Transportation Facilities Projects] Authority property unless it

conforms to these regulations and other regulations regarding the use

of [Transportation Facilities Projects] Authority property.

C. Maryland Transportation Authority employees shall have the

right to inspect the cargo or shipping papers of any vehicle to

ascertain if it complies with all State and federal regulations relating

to the transportation of hazardous materials. [The inspection may take

place at any point where or after the vehicle enters on any

Transportation Facilities Project or its approaches. If hazardous

materials cannot be identified by class, or if listed only as N.O.S., or

if shipping papers are not available to determine the type of cargo,

the vehicle may be prohibited from entering or may be diverted off

any Transportation Facilities Project.]

(1) The inspection may take place at any point where or after

the vehicle enters on Authority property or its approaches.

(2) If hazardous materials cannot be identified by class, or if

listed only as N.O.S., or if shipping papers are not available to

determine the type of cargo, the vehicle may be prohibited from

entering or may be diverted off any Authority property.

D.—E. (text unchanged)

.05 Bridge and Highway Restrictions.

A. (text unchanged)

B. A vehicle may not enter upon any [Transportation Facilities

Project bridge or] Authority property if its load includes any Class 1

explosives or any radioactive materials except under the following

conditions:

(1) Prior permission shall be granted by the [Superintendent]

Administrator of the facility or the [Superintendent’s]


41


Administrator’s authorized representative at least 1 hour before

intended travel over the facility;

(2) Operators of the transporting vehicles shall comply with all

lawful orders, instructions, and directions of authorized Maryland

Transportation Authority [or Toll Facilities] police personnel;


.06 Exemptions.

A. A person who desires to transport through [a Transportation

Facilities Project tunnel] an Authority property tunnel a material

prohibited by these regulations may apply for an exemption permit.

Permits may be granted in the discretion of the Maryland

Transportation Authority subject to the following conditions:

(1) The entity requesting the exemption permit submits written

evidence that the proposed cargo poses a minimal risk to the

travelling public, Maryland Transportation Authority employees, and

the [Transportation Facilities Project] Authority property;


(3) The permit is revocable whenever the Maryland

Transportation Authority believes it is necessary to safeguard its

employees, the travelling public, or the [Transportation facilities

project] Authority property; and


B. (text unchanged)

BRUCE GARTNER

Acting Executive Secretary

Maryland Transportation Authority



11.07.03 Permits for Towing, Road Service, and

Storage of Vehicles

Authority: Transportation Article, §§4-204, 4-205, 4-208, 4-208.1, 21-1403, 21-1407, and 26-301 et seq., Annotated Code of Maryland


[14-003-P]


Regulations .01 and .03 under COMAR 11.07.03 Permits for

Towing, Road Service, and Storage of Vehicles. This action was




website (www.mdta.maryland.gov).


The purpose of this action is to amend existing regulations and

adopt new regulations to clarify the process of permitting of towers

accessing MDTA property.







businesses.






Broening Hwy, or call 410-537-1089, or email to



been scheduled.

Open Meeting

Final action on the proposal will be considered by the Maryland

Transportation Authority during a public meeting to be held on

February 27, 2014 at 9 a.m., at 2310 Broening Highway, Baltimore,

MD 21224.

.01 Definitions.

A. (text unchanged)

B. Terms Defined.


(3) Authority Property.


(b) Authority property includes a:


(ii) [Vehicular crossing] Authority highway as defined in

Transportation Article, §21-1401, Annotated Code of Maryland.


.03 Application for Permit and Renewal.

A. – C. (text unchanged)

D. Applications shall be made on a form provided by the

Authority, and shall include:


(6) A certification the towing service company:

(a) — (d) (text unchanged)

(e) Has filed all required returns and reports with the

Comptroller of the Treasury, the State Department of Assessments

and Taxation, and the State Department of Labor, Licensing, and

Regulations, as applicable; [and]

(f) Has paid all withholding taxes due to the State; and

(g) Has paid all tolls and civil penalties assessed from

citations that are due to the Authority, except those which have been

validly contested.

(7)— (8) (text unchanged)

E. — F. (text unchanged)

BRUCE GARTNER





11.07.08 Towing of Vehicles on Maryland

Transportation Authority Property

Authority: Transportation Article, §§4-204, 4-205, 4-208, 4-208.1, 21-1403,

21-1407, and 26-301 et seq., Annotated Code of Maryland


[14-004-P]


Regulation .01 under COMAR 11.07.08 Towing of Vehicles on

Maryland Transportation Authority Property. This action was




website (www.mdta.maryland.gov). The MDTA Board will consider


42


and approve final regulations at the conclusion of the Maryland

Register public comment period. The MDTA Board meeting will be

open to the public. Notice of the meeting will be placed on the

MDTA website (www.mdta.maryland.gov).


The purpose of this action is to amend existing regulations to

clarify the process of towing vehicles on MDTA property.







businesses.






Broening Highway, or call 410-537-1089, or email to



been scheduled.

Open Meeting

Final action on the proposal will be considered by Maryland

Transportation Authority during a public meeting to be held on

February 27, 2014 at 9 am, at 2310 Broening Highway, Baltimore,

MD 21224.

.01 Definitions.

A.(text unchanged)

B. Terms Defined.


(3) Authority Property.


(b) “Authority property” includes a:


(ii) [Vehicular crossing] Authority highway as defined in

Transportation Article, §21-1401, Annotated Code of Maryland.


BRUCE GARTNER



Title 21

STATE PROCUREMENT

REGULATIONS Notice of Proposed Action

[14-005-P]

The Board of Public Works proposes to:

(1) Amend Regulation .01 under COMAR 21.01.02

Terminology;

(2) Amend Regulation .01-1 under COMAR 21.01.03

Applicability;

(3) Amend existing Regulation .04 under COMAR 21.02.01

Board of Public Works;

(4) Amend Regulations .02 and .03 under COMAR 21.03.01

General Regulations;

(5) Amend Regulation .06 under COMAR 21.05.07 Small

Procurement Regulations ($25,000 or less);

(6) Amend Regulation .01 under COMAR 21.06.07 Bid and

Contract Security/Bonds;

(7) Amend Regulation .17 under COMAR 21.11.03 Minority

Business Enterprise Policies;

(8) Amend Regulations .01, .04, and .07 under COMAR

21.11.05 Procurement from Maryland Correctional Enterprises,

Blind Industries and Services of Maryland, and Community

Service Providers;

(9) Amend Regulations .01 and .13, repeal existing Regulation

.12, and adopt new Regulation .14 under COMAR 21.11.07

Miscellaneous Purchasing Preferences;

(10) Adopt new Regulations .01—.04 under a new chapter,

COMAR 21.11.14 Socioeconomic Policies; and

(11) Amend Regulation .10 and adopt new Regulation .16

under COMAR 21.13.01 Reporting Requirements.

This action was considered at an open meeting of the Board of

Public Works on October 2, 2013.


The purpose of this action is to implement recent legislation that

sets preferences for American-manufactured goods and services;

establishes environmental standards for State purchases of electronic

products; restricts certain bonding requirements for subcontractors;

and changes the definition of architectural services and engineering

services. The proposal also imposes agency reporting requirements

for contracts with Maryland Correctional Enterprises, Blind

Industries and Services of Maryland, community service providers,

and individual-with-disability owned businesses. Additionally, the

proposal clarifies Board of Public Works’ procurement delegations

and eMaryland Marketplace notice requirements for certain small

procurements.







businesses.




Comments may be sent to MaryJo Childs, Procurement

Advisor, Board of Public Works, 80 Calvert Street, Room 117,

Annapolis, MD 21401, or call 410-260-7335, or email to



been scheduled.

Subtitle 01 GENERAL PROVISIONS

21.01.02 Terminology

Authority: State Finance and Procurement Article, §§11-101 and 12-101,


.01 Definitions.

A. (text unchanged)

B. Terms Defined.



43


(6) Architectural Services.


(c) “Architectural services” does not include construction

inspection services or services provided in connection with an energy

performance contract for structural, mechanical, plumbing, or

electrical engineering.

(7)—(36-1) (text unchanged)

(37) Engineering Services.

(a) “Engineering services” means professional or creative

work that:

(i) [is] Is performed in connection with utilities,

structures, buildings, machines, equipment, and processes, including

structural, mechanical, plumbing, electrical, geotechnical, and

environmental engineering; and

(ii) [that requires] Requires engineering education,

training, and experience in the application of special knowledge of

the mathematical, physical, and engineering sciences.

(b)—(c) (text unchanged)


(79) Services.

(a) “Services” means the rendering of time, effort, or work,

rather than the furnishing of a specific physical product other than

reports incidental to the required performance. It includes, but is not

limited to, the professional, personal, and/or contractual services

provided by [architects, engineers,] attorneys, accountants,

physicians, consultants,[appraisers, land surveyors, and where the

service is associated with the provision of expertise or labor, or both]

and other professionals who are independent contractors.

(b) “Services” does not include [services included within the

definitions of] maintenance, construction-related services,

architectural services, engineering services, or energy performance

contract services.


21.01.03 Applicability

Authority: State Finance and Procurement Article, §§11-201—11-203, 12-101, and 12-104; Natural Resources Article, §3-103; Annotated Code of

Maryland; Ch. 198, Acts of 2009; Chs. 428, 495, and 713, Acts of 2010

.01-1 Public Universities and Colleges.

A. (text unchanged)

B. Applicable Provisions of State Finance and Procurement

Article, Annotated Code of Maryland.

(1) The following provisions of State Finance and Procurement

Article, Annotated Code of Maryland, apply to the University System

of Maryland, Morgan State University, and St. Mary’s College of

Maryland:

(a)—(f) (text unchanged)

(g) Title 15, Subtitle 1 (Procurement Contract

Administration); [and]

(h) Title 16 (Suspension and Debarment of Contractors)[.];

and

(i) §14-110(b) and (c) (Preferred Provider Reporting).


C.—E (text unchanged)

Subtitle 02 STATE PROCUREMENT

ORGANIZATION

21.02.01 Board of Public Works

Authority: State Finance and Procurement Article, §§12-101, 12-107, 12-202,

12-203, 12-204, and 13-108; Education Article, §§14-204, 14-205, and 14-405; Article 41, §§4-104.1 and 4-104.2; Annotated Code of Maryland;

Chapter 471, 1991 Laws of Maryland; Chapter 608, Acts of 1999

.04 Delegation of Procurement and Contracting Authority.

A.—G. (text unchanged)

H. Department of Public Safety and Correctional Services. The

Board delegates authority to the Secretary of Public Safety and

Correctional Services for the approval and award of the following

procurement contracts for State correctional facilities within the

Department’s jurisdiction:


(4) For any single item of equipment or single equipment lease

within the procurement authority of the Secretary of Public Safety

and Correctional Services, equipment contracts and leases of

equipment in support of construction and construction-related

services in the amount of [$50,000] $200,000 or less, or unless

funded with general obligation bond proceeds, which must be

approved by the Board regardless of amount;


I.—J. (text unchanged)

Subtitle 03 STATE PROCUREMENT

REGULATIONS AND CONTRACTS

21.03.01 General Regulations



.02 Contracts Void for Noncompliance.

A. Except as provided in Regulation .03 or elsewhere in this title,

if [the Board determines that] a procurement violates this title, the

procurement contract is void.

B. (text unchanged)

.03 Contracts Voidable for Noncompliance.

A. [If the Board determines that a procurement violates this title,

the] The Board may determine that [the] a void procurement contract

is voidable [rather than void] if the Board [finds] determines that:


B.—C. (text unchanged)

Subtitle 05 PROCUREMENT

METHODS AND PROJECT DELIVERY

METHODS

21.05.07 Small Procurement Regulations

($25,000 or Less)

Authority: State Finance and Procurement Article, §§12-101, 13-109, 14-301—14-308, and 14-406, Annotated Code of Maryland

.06 Standards.

A. (text unchanged)

B. Solicitation Methods and Use.


(4) All Category III solicitations shall be posted on eMaryland

Marketplace at least 3 days before bids or offers are due. [A copy of


44


each Category III solicitation shall be sent in electronic format to the

Governor’s Office of Minority Affairs concurrently with posting on

eMaryland Marketplace]. Procurement agencies are not required to

post solicitations for Categories I and II small procurements on

eMaryland Marketplace.


C.—J. (text unchanged)

Subtitle 06 CONTRACT FORMATION

AND AWARD

21.06.07 Bid and Contract Security/Bonds

Authority: State Finance and Procurement Article, §§12-101, 13-207—13-

209, 13-216, and 17-102—17-109, Annotated Code of Maryland

.01 General.


F. Any of the forms of security listed in §B of this regulation are

permitted unless otherwise stated in the solicitation. Solicitations that

require bid security shall include notice to all bidders that bid

security shall be in a form of security authorized by this chapter.

G. (text unchanged)

H. If a prime contractor on a State contract requires a

subcontractor to provide a bid, performance, or payment bond on a

procurement contract for services, supplies, or construction-related

services, the prime contractor may not require bid, performance, or

payment bonding from the subcontractor that is more stringent than

the bonding requirements of this chapter.

I. A bid, performance, or payment bond that is provided by a

subcontractor shall be accepted by the prime contractor on a State

contract if the bond would be acceptable to the State and provided

by:

(1) A surety company authorized to do business in the State; or

(2) The Maryland Small Business Development Financing

Authority.

Subtitle 11 SOCIOECONOMIC

POLICIES

21.11.03 Minority Business Enterprise Policies

Authority: State Finance and Procurement Article, §§12-101 and 14-301—14-

308, Annotated Code of Maryland; Ch. 268, 283, 293, 328, and 715, Acts of

2009; Ch. 619, Acts of 2010; Chs. 252, 253, and 254, Acts of 2011; Ch. 154, Acts of 2012

.17 Reporting.

A. Each procurement agency shall make a report annually within

90 days following the close of the fiscal year to the Office of

Minority Affairs, the Department of Transportation, and, subject to

State Government Article, §2-1246, Annotated Code of Maryland, to

the Joint Committee on Fair Practices and State Personnel Oversight

that includes:

(1) The total number, value, and [description] procurement

category of its procurements from State-certified MBEs as prime

contractors, and separately as subcontractors, by business name and

specific MBE classification;


B.—D. (text unchanged )

21.11.05 Procurement from Maryland

Correctional Enterprises, Blind Industries and

Services of Maryland, and [Certified Sheltered

Workshops] Community Service Providers

Authority: State Finance and Procurement Article, §§12-101 and 14-101—14-

108; Correctional Services Article, §3-515; Annotated Code of Maryland

.01 Definitions.

A. (text unchanged)

B. Terms Defined.


(6-1) “Preferred Provider” means a provider of supplies or

services given preference under this chapter.


(10) “State aided or controlled entity” means any public or

quasi-public institution that receives aid from the State or that is

owned, controlled, or managed by the State.

.04 Duties of Pricing Authorities.


C. The State Pricing and Selection Committee for the Employment

Works Program shall:


(3) Transmit periodically to the Secretary of General Services

for inclusion in the master list:


(d) A list of [sheltered workshops] community service

providers and individual-with-disability-owned businesses;


(6) Maintain a current list of [sheltered workshops] community

service providers and individual-with-disability-owned businesses;

and


.07 Responsibilities of Procurement Agencies.

A. General Purchasing Requirements.


(3) To the extent practicable, a State unit or State aided or

controlled entity shall include in a maintenance contract that has a

component for housekeeping or janitorial services, a requirement

that a prime contractor procure janitorial products from Blind

Industries and Services of Maryland when the specified products are

available.

B.—F. (text unchanged)

21.11.07 Miscellaneous Purchasing Preferences


403, 14-405, and 14-407, Annotated Code of Maryland; Ch. 593, Acts of

2010; Ch. 314, Acts of 2011

.01 Definitions.

A. (text unchanged)

B. Terms Defined.


(1-1) [“Electronic Product” means a product covered by

EPEAT or another comprehensive environmental rating system

approved by the Department of Information Technology.

(1-2)] “Environmentally preferable purchasing” means the

procurement or acquisition of goods and services that have a lesser or

reduced effect on human health and the environment when compared

with competing goods or services that serve the same purpose, based

on the raw materials, manufacturing, packaging, distribution, use,

reuse, operation, maintenance, and disposal of the goods or services.

[(1-3)] (1-2)—[(1-4)] (1-3) (text unchanged)


45



[(7-1) “Public employer” means:

(a) A unit;

(b) A county;

(c) A municipality in the State;

(d) A school district in the State; or

(e) Any special district in the State.

(7-2) “Reasonably available quantities” means at least 90

percent of the items procured by the public employer are available

within the employer’s delivery schedule.]


[(11) “Substantially less quality” means not in compliance with

applicable safety and durability standards.

(12) “Unreasonable amount” means more than 5 percent over

the lowest bid offering items manufactured outside the United

States.]

.12 [Employee Uniforms and Equipment — Country of

Manufacture.

A. A public employer may not knowingly buy, furnish, or require

an employee to buy or acquire for use while on duty the following

items if those items are manufactured outside of the United States:

(1) A uniform or any other item of apparel, the selection of

which is not within the employee’s discretion except for the proper

size of the item; or

(2) Safety equipment and protective accessories.

B. A public employer may buy, furnish, or require an employee to

buy or acquire for use while on duty the items listed in §A of this

regulation that are manufactured outside of the United States if:

(1) The items or similar items are not manufactured or

available for purchase in the United States;


available for purchase in the United States in reasonably available

quantities;

(3) The price of the items or similar items manufactured in the

United States exceeds the price of similar, available items that are not

manufactured in the United States by an unreasonable amount; or

(4) The quality of the items or similar items manufactured in

the United States is substantially less than the quality of comparably

priced, similar and available items not manufactured in the United

States.

C. In each bid or proposal subject to the requirements of this

regulation, a bidder or offeror shall certify whether the offered items

are manufactured in the United States. If a bid or proposal offers

items that are manufactured in the United States and outside the

United States, the bid or proposal shall distinguish which items are

manufactured in the United States.] REPEALED.

.13 Purchasing Electronic Products.

A. In this regulation, “Electronic Product” means a product

covered by EPEAT or another comprehensive environmental rating

system approved by the Department of Information Technology.

[A.] B.— [B.] C. (text unchanged)

.14 Recycle Services—Electronic Products.

A. In this regulation, the following terms have the meanings

indicated.

B. Terms Defined.

(1) “Certified e-Stewards recycler” means a recycler of

electronic products that has successfully completed the e-Stewards

certification program created by the Basel Action Network;

(2) “Electronic product” means a product acceptable for

recycling by:

(a) A certified e-Stewards recycler;

(b) An R2-certified recycler; or

(c) A recycler of electronic products that meets nationally-

recognized and consensus-based guidelines, standards, and systems for

recycling that are approved by the Department of the Environment in

consultation with the Department of General Services.

(3) “R2-certified recycler” means a recycler of electronic

products that is certified in the R2 practices standards that are

maintained by R2 Solutions.

C. Beginning October 1, 2014, when procuring a services contract

for electronic-products recycling, a State unit shall award the

contract to a recycler of electronic products who:

(1) Is R2 or e-Stewards certified; or

(2) Meets nationally-recognized and consensus-based

guidelines, standards, and systems for recycling that are approved by

the Department of the Environment in consultation with the

Department of General Services.

21.11.14 American-Manufactured Goods and

Services—Preference


403, 14-405, and 14-407, Annotated Code of Maryland; Ch. 593, Acts of

2010; Ch. 314, Acts of 2011

.01 Definitions

In this chapter, “Public employer” or “Public body” means a:

A. Unit;

B. County;

C. Municipality;

D. County board of education including the Baltimore City Board

of School Commissioners; or

E. Special taxing district.

.02 Employee Uniforms and Equipment — Country of

Manufacture.


indicated.

B. Terms Defined.

(1) “Reasonably available quantities” means at least 90

percent of the items procured by the public employer are available

within the employer’s delivery schedule.

(2) “Substantially less quality” means not in compliance with

applicable safety and durability standards.


the lowest bid offering items manufactured outside the United States.

C. A public employer may not knowingly buy, furnish, or require

an employee to buy or acquire for use while on duty the following

items if those items are manufactured outside of the United States:

(1) A uniform or any other item of apparel, the selection of

which is not within the employee’s discretion except for the proper

size of the item; or

(2) Safety equipment and protective accessories.

D. A public employer may buy, furnish, or require an employee to

buy or acquire for use while on duty the items listed in §C of this

regulation that are manufactured outside of the United States if:


available for purchase in the United States;

(2) The items or similar items are not manufactured or available

for purchase in the United States in reasonably available quantities;

(3) The price of the items or similar items manufactured in the

United States exceeds the price of similar, available items that are not

manufactured in the United States by an unreasonable amount; or

(4) The quality of the items or similar items manufactured in the

United States is of substantially less quality than comparably priced,

similar and available items not manufactured in the United States.

E. In each bid or proposal subject to the requirements of this

regulation, a bidder or offeror shall certify to the public employer


46


whether the offered items are manufactured in the United States. If a

bid or proposal offers items that are manufactured in the United

States and outside the United States, the bid or proposal shall

distinguish which items are manufactured in the United States.

.03 Location of Performance of Services.


indicated.

B. Terms Defined.

(1) “Services” has the meaning stated in COMAR

21.01.02.01B and includes:

(a) Construction-related services;

(b) Architectural services;

(c) Engineering Services; and

(d) Energy performance contracts.


applicable performance standards.


the lowest financial proposal or bid offering services provided

outside the United States.

C. This regulation applies to services contracts with an estimated

value of $2,000,000 or more.

D. In response to a solicitation issued by a public employer for

services as defined in §B(1) of this regulation, a bidder or offeror

shall disclose to the public employer:

(1) Whether the bidder or offeror or any proposed

subcontractor has plans, at the time the bid or proposal is submitted,

to perform any services required under the contract outside the

United States; and

(2) If services required under the contract are anticipated to be

performed outside the United States;

(a) Where the services will be performed; and

(b) The reason why it is necessary or advantageous to

perform the services outside the United States.

E. Except as provided in §F of this regulation, a public employer

may not knowingly contract for architectural services, engineering

services, construction-related services, or energy performance

services unless the services are to be provided in the United States.

F. A public employer may contract for services listed in §E of this

regulation that are provided outside the United States if:

(1)The services are not available in the United States;

(2) The price of the services in the United States exceeds by an

unreasonable amount the price of services provided outside the

United States; or

(3)The quality of services in the United States is substantially

less than the quality of comparably-priced services provided outside

the United States.

G. In each bid or proposal subject to the requirements of this

regulation, a bidder or offeror shall certify to the public employer

whether the offered services are provided in the United States. If a

bid or proposal offers services that are provided in the United States

and outside the United States, the bid or proposal shall distinguish

which services are provided in the United States.

.04 American-Manufactured Goods.


indicated.

B. Terms Defined.

(1) “American-Manufactured Goods” means goods that are

manufactured or assembled in the United States;

(2) “Emergency Life Safety and Property Safety Goods” means

any goods when provided for the installation in, as part of, or as an

addition to a system designed to:

(a) Prevent, respond to, alert regarding, suppress, control,

or extinguish an emergency or the cause of an emergency that

threatens life or property; or

(b) Assist in evacuation in the event of an emergency that

threatens life or property.

(3)Emergency life safety and property safety goods includes:

(a) Systems or items for or relating to:

(i) Fire alarms;

(ii) Fire sprinklers;

(iii) Fire suppression;

(iv) Fire extinguishing;

(v) Security;

(vi) Gas detection;

(vii) Intrusion detection;

(viii) Access control;

(ix) Video surveillance and recording;

(x) Mass notification;

(xi) Public address;

(xii) Emergency lighting;

(xiii) Patient wandering;

(xiv) Infant tagging; and

(xv) Nurse call;

(b) Information technologies and telecommunications

products and technologies that are used for the purposes listed in

§B(2) of this regulation.

(4) “Goods” means tangible or movable personal property

other than money or investment securities.

(5) “Information Technologies and Telecommunications

Products and Technologies” means electronic information

processing hardware used to store, retrieve, transmit, and

manipulate data and equipment used in the transmission of

information, images, pictures, voice, or data by radio, video, or other

electronic or impulse means.

(6) “Public Work” means a structure or work, including a

bridge, building, ditch, road, alley, waterwork, or sewage disposal

plant, that:

(a) Is constructed for public use or benefit; or

(b) Is paid for wholly or in part by public money.

(c) Public work does not include, unless let to a contract, a

structure or work whose construction is performed by a public

service company under order of the Public Service Commission or

other public authority regardless of:

(i) Public supervision or direction; or

(ii) Payment wholly or in part from public money.

(7) “Reasonably available quantities” means at least 90

percent of the goods procured by the public body are available within

the public body’s delivery schedule.


applicable safety and durability standards including warranty terms.


the lowest financial proposal or bid offering goods manufactured or

assembled outside the United States.

C. Except as provided in §D of this regulation, a public body shall

require a contractor or subcontractor to use or supply American-

manufactured goods in the performance of a contract for:

(1) Constructing or maintaining a public work; or

(2) Buying or manufacturing machinery or equipment that is to

be installed at a public work site.

D. A public body may contract for goods that are manufactured or

assembled outside the United States:

(1) If the head of the public body determines that:

(a) The price of the American-manufactured goods exceeds

by an unreasonable amount the price of similar manufactured goods

that are not manufactured in the United States;

(b) The goods or similar goods are not manufactured or

available for purchase in the United States in reasonably available

quantities;


47


(c) The quality of the goods or similar goods manufactured

in the United States is substantially less than the quality of

comparably-priced, similar and available goods that are not

manufactured in the United States; or

(d) The procurement of a manufactured good would be

inconsistent with the public interest; or

(2) To procure emergency life safety and property safety goods.

E. In each bid or proposal subject to the requirements of this

regulation, a bidder or offeror shall certify to the public body:

(1) Whether the offered goods are emergency life safety and

property safety goods;

(2) If the offered goods are not exempt from the requirements of

this regulation, whether the offered goods are provided in the United

States;

(3) If a bid or proposal offers goods that are provided in the

United States and outside the United States, the bid or proposal shall

distinguish which goods are provided in the United States.

Subtitle 13 PROCUREMENT

REPORTING REQUIREMENTS

21.13.01 Reporting Requirements


14-305, 14-505, 15-110, 15-111, and 17-104, Annotated Code of Maryland

.10 Procurement Policies and Procedures.

A. Each State agency not governed by its own board, commission,

council or authority that is required to report to the Board under State

Finance and Procurement Article, §12-401, Annotated Code of

Maryland, shall submit written procurement policies and procedures

to the Board annually within 60 days following the close of the fiscal

year. State agencies governed by their own board, commission,

council, or authority shall submit the policies and procedures to the

board, commission, council, or authority for approval. In fiscal years

following the initial submission of the procurement policies and

procedures, State agencies shall report only changes to the policies

and procedures annually, unless the Board directs otherwise.

B. This regulation does not apply to agreements that are excluded

from the definition of procurement contract in COMAR 21.01.02.01B.

.16 Preferred Provider Reports.

A. Within 60 days after enactment of the State budget bill by the

General Assembly, each unit and State aided or controlled entity

shall report to the Department of General Services on the forecasted

expenditures and contracts for the upcoming fiscal year. The report

format shall be determined by the Department of General Services.

B. Within 90 days after the end of each fiscal year, a unit or State

aided or controlled entity shall submit a report to the Department of

General Services a report on the contracts awarded and payments

made to preferred providers. The report format shall be determined

by the Department of General Services.

C. Within 60 days after receipt of the reports required under State

Finance and Procurement Article, §14-110(c)-(d), Annotated Code of

Maryland, the Department of General Services shall provide a

summary report to the:

(1) Board of Public Works;

(2) Senate Education, Health, and Environmental Affairs

Committee;

(3) House Health and Government Operations Committee; and

(4) Legislative Policy Committee.

SHEILA McDONALD

Executive Secretary

Board of Public Works

Title 26

DEPARTMENT OF THE

ENVIRONMENT

Subtitle 04 REGULATION OF WATER

SUPPLY, SEWAGE DISPOSAL, AND

SOLID WASTE

26.04.11 Composting Facilities

Authority: Environment Article, §9-1725, Annotated Code of Maryland


[14-008-P]

The Secretary of the Environment proposes to adopt new

Regulations .01—.16 under a new chapter, COMAR 26.04.11

Composting Facilities.


The purpose of this action is to establish new regulatory

requirements for composting facilities. This action would: delineate

tiers of composting facilities based on feedstock types and sizes;

create a Composting Facility Permit, which would be required for

certain types of composting facilities; establish exemptions to the

requirement for a Composting Facility Permit; provide for the

creation of a general Composting Facility Permit; establish siting and

design requirements for composting facilities; establish operational

requirements for composting facilities; provide a process for approval

of variances, pilot programs, and research activities; establish

procedures for enforcement; set a timeframe and procedure for

existing composting facilities to come into compliance with the

requirements; require record keeping and reporting by composting

facilities; and establish various other requirements related to

construction and operation of composting facilities in the State.

The action would fulfill the duty of the Maryland Department of

the Environment to adopt composting facility regulations under

Environment Article, §9-1725, Annotated Code of Maryland.

Because no existing regulations address composting facilities as

defined in Environment Article, §9-1701, the Department is

proposing to enact a new chapter, COMAR 26.04.11, incorporating

the noted regulatory requirements.




I. Summary of Economic Impact. The proposed action would

establish a new permit and design and operational requirements

applicable to some types of composting facilities. The Department

would be responsible for writing a general Composting Facility

Permit, reviewing permit applications and Notices of Intent, and

conducting enforcement. While the proposed action would create a

marginal increase in the Department’s workload for permit review

and enforcement, the total number of composting facilities in the

State is expected to be sufficiently small that these duties could be

undertaken with existing resources. The number of composting

facilities currently known to exist is 13. The proposed action includes

exemptions for small composting facilities, which would further limit

increases in workload.

The proposed action could potentially result in costs to local

governments that own or operate (or propose to own or operate) a

composting facility subject to the requirements. These costs would

include the costs to come into compliance with design and


48


operational requirements and obtain a Composting Facility Permit,

and may involve installation of design features and preparation of an

operations plan. Costs would be mitigated to the extent that a local

government already complies with some of the proposed

requirements.

The proposed action would potentially result in costs to regulated

composting businesses by instituting new design and operational

requirements and requiring a new permit. The costs associated with

obtaining the permit would be minimal for any facility opting for the

general permit. Some design requirements may cause facilities to

incur significant costs. Existing facilities would have until July, 2016

to come into compliance with the proposed regulations and some

types of small facilities are exempt from the requirements. The exact

magnitude of costs is unknown because it would vary based on

individual decisions about feedstock types, facility size, and facility

design. There are no fees associated with the proposed action.

Revenue (R+/R-)


Impact.

Expenditure

(E+/E-) Magnitude

A. On issuing agency: NONE

B. On other State

agencies: NONE

C. On local governments: (E+) Indeterminable

Benefit (+)

Cost (-) Magnitude

D. On regulated

industries or trade groups: (-) Indeterminable


trade groups: NONE


effects on public: NONE


Section II.)

A. The proposed action would create a marginal increase in the

Department’s workload for permit review and enforcement, but the

total number of composting facilities in the State is expected to be

sufficiently small to allow these duties to be undertaken with existing

resources.

C. The proposed action could potentially result in costs to local

governments that own or operate (or propose to own or operate) a

composting facility subject to the requirements. These costs would

include the costs to come into compliance with design and

operational requirements and obtain a Composting Facility Permit,

and may involve installation of design features and preparation of an

operations plan. Information is not readily available to determine the

extent to which such costs will be incurred. Costs would be mitigated

to the extent that a local government already complies with some of

the proposed requirements.

D. The proposed action would potentially result in costs to

regulated composting businesses by instituting new design and

operational requirements and requiring a new permit. The costs

associated with obtaining the permit would be minimal for any

facility opting for the general permit. Some design requirements may

cause facilities to incur significant costs. The exact magnitude of

costs is unknown because it would vary based on individual decisions

about feedstock types, facility size, and facility design.




Small Business Analysis Worksheet

This worksheet is designed to assist the agency in determining if

and how the proposal impacts small businesses. Quantify the number

of affected small businesses and estimates of costs and benefits to

small businesses if possible. State Government Article,

§2-1505.2, includes the following definitions which are relevant to

the analysis:

“Economic impact analysis” means an estimate of the cost or the

economic benefit to small businesses that may be affected by a

regulation proposed by an agency pursuant to Title 10, Subtitle 1 of

this article.

“Small business” means a corporation, partnership, sole

proprietorship, or other

business entity, including its affiliates, that: (i) is independently

owned and operated; (ii) is not dominant in its field; and (iii) employs

50 or fewer full-time employees.

1a. Intended Beneficiaries. Who are the intended beneficiaries of

the proposed regulation? Are these intended beneficiaries primarily

households or businesses?

Primarily businesses and local governments. Private and public

owners and operators of composting facilities are the intended

beneficiaries in that they would obtain a clearer, and in some ways

less burdensome, pathway for permitting of their existing and future

facilities. Households and businesses located near composting

facilities may indirectly benefit from the proposed regulations if the

design and operational requirements result in fewer instances of

nuisance conditions or water pollution.

1b. Intended Beneficiaries: Households. If households are the

primary intended beneficiaries, will the proposal affect their income

or purchasing power such that the volume or patterns of their

consumer spending will change? If so, what directions of change

would you anticipate? Will these expected spending changes have a

disproportionate impact on small businesses? Can you descriptively

identify the industries or types of business activities that are

impacted?

Households are not the primary intended beneficiaries and the

proposal is not expected to have a direct impact on household

income, purchasing power, or patterns of consumer spending.

1c. Intended Beneficiaries: Businesses. If businesses are the

intended beneficiaries, identify the businesses by industry or by types

of business activities. How will businesses be impacted? Are these

Maryland establishments disproportionately small businesses? If so,

how will these Maryland small businesses be affected? Can you

identify or estimate the present number of small businesses affected?

Can you estimate the present total payroll or total employment of

small businesses affected?

The businesses that will be affected by the proposal are

composting businesses and other types of businesses that conduct

composting incidental to their primary business (such as farms,

landscaping companies, etc.). These businesses may be subject to the

requirement for a new permit and to new design and operational

requirements. However, these requirements would in some cases

replace the requirement for a refuse disposal permit. Composting

businesses may need to install additional design features for surface

and groundwater protection and may need to develop an operations

plan and/or design plans. The magnitude of costs to comply with the

regulations for any one business would depend on a variety of

individual decisions about feedstock types accepted, facility size, and

facility design. There are approximately 13 known composting

facilities in existence; approximately 6 are known to be privately

owned (as opposed to governmental); and at least 1 of these would be


49


outside the scope of the proposed requirements because it accepts

sewage sludge. It is unknown how many of the remaining 5 facilities

are small businesses. Total payroll or employment of affected small

businesses is therefore unknown.

2a. Other Direct or Indirect Impacts: Adverse. Businesses may not

be the intended beneficiaries of the proposal. Instead, the proposal

may direct or otherwise cause businesses to incur additional expenses

of doing business in Maryland. Does this proposal require Maryland

businesses to respond in such a fashion that they will incur additional

work-time costs or monetary costs in order to comply? Describe how

Maryland establishments may be adversely affected. Will Maryland

small businesses bear a disproportionate financial burden or suffer

consequences that affect their ability to compete? Can you estimate

the possible number of Maryland small businesses adversely

affected? (Note that small business compliance costs in the area of

regulation are the sum of out-of-pocket (cash) costs plus time costs

— usually expressed as payroll, akin to calculations for legislative

fiscal notes. Precise compliance costs may be difficult to estimate,

but the general nature of procedures that businesses must accomplish

to comply can be described.)

In addition to any direct capital costs incurred to bring a

composting business into compliance with the proposed regulations,

a composting business may incur other costs as a result of the

regulations, such as costs to train employees on new operational

requirements, develop the required operational plans, and prepare the

permit application. For the reasons discussed above, the magnitude of

these costs and the number of small businesses impacted cannot be

determined. The proposal applies requirements based on facility tier,

which is determined primarily by feedstock type and facility size, so

costs are unlikely to disproportionately impact small businesses.

Exemptions apply to some very small facilities, but these are more

likely to be noncommercial entities than small businesses.

2b. Other Direct or Indirect Impacts: Positive. Maryland

businesses may positively benefit by means other than or in addition

to changed consumer spending patterns. How may Maryland

businesses be positively impacted by this initiative? Will Maryland

small businesses share proportionately or disproportionately in these

gains? Can you estimate the possible number of Maryland small

businesses positively affected?

To the extent that composting facilities regulated under the

proposal are small businesses, the proposal may benefit small

businesses through: reduced regulatory uncertainty; increased clarity

and speed of the permitting process (particularly for the general

permit); and a potentially increased ability to obtain financing for

capital costs due to the increase in certainty.

3. Long-Term Impacts. There are instances where the longer run

economic impact effect from regulations differ significantly from

immediate impact. For example, regulations may impose immediate

burdens on Maryland small businesses to comply, but the overall

restructuring of the industry as a consequence of monitoring and

compliance may provide offsetting benefits to the affected small

businesses in subsequent years. Can you identify any long run

economic impact effects on Maryland small businesses that over time

(a) may compound or further aggravate the initial economic impact

described above, or (b) may mitigate or offset the initial economic

impact described above?

Costs to existing facilities are likely to be greatest during the first

2.5 years after adoption of the regulations, which is roughly the

period for coming into compliance with the requirements. For new

facilities, costs are likely to be concentrated in the period prior to

beginning operations. If the industry matures in the future to the point

that new facility siting declines, the overall costs of the proposal may

decrease over time.

4. Estimates of Economic Impact. State Government Article, §2-

1505.2 requires that an agency include estimates, as appropriate,

directly relating to: (1) cost of providing goods and services; (2)

effect on the work force; (3) effect on the cost of housing; (4)

efficiency in production and marketing; (5) capital investment,

taxation, competition, and economic development; and (6) consumer

choice.

For the reasons described above, neither the number of small

businesses impacted nor the magnitude of economic impact can be

determined.

The proposal may have some additional indirect impacts on price

and consumer choice for compost, as well as on jobs. The increase in

regulatory clarity is anticipated to result in an increase in the number

of composting facilities. This may result in an increase in the

availability and a decrease in the price for compost. In turn, this could

result in a lower cost to provide goods and services that use compost

as an input (landscaping services, etc.). MDE is aware of research

that found that composting facilities employ more people per ton of

material managed, on average, than do landfills. Increases in

composting due to new facility siting could therefore result in a net

increase in jobs.




Comments may be sent to Ms. Hilary Miller, Deputy Director,

Land Management Administration, Maryland Dept. of the

Environment, 1800 Washington Blvd., Suite 610, Baltimore, MD

21230-1719, or call 410-537-3305, or email to



been scheduled.

.01 Scope.

A. Except as otherwise provided, this chapter applies to persons

engaged in the construction and operation of composting facilities.

B. Facilities that compost only natural wood waste are subject to

COMAR 26.04.09.

C. Tier 3 composting facilities are subject to the requirements in:

(1) COMAR 26.04.06, for facilities composting sewage sludge; or

(2) COMAR 26.04.07, for facilities composting solid waste.

D. In addition to the Composting Facility Permit required in

Regulation .05A of this chapter, composting facilities may be subject

to permit requirements under:

(1) COMAR 26.08.01—.04, relating to State and National

Pollutant Discharge Elimination System (NPDES) discharge permits;

and

(2) COMAR 26.11.02, relating to air quality permits.

.02 Definitions.

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

indicated.

B. Terms Defined.

(1) “24-hour, 25-year storm event” means the amount of

precipitation, occurring over 24 hours, that has a probability of 1/25

of being met or exceeded during any 1-year period.

(2) “Active composting” means the phase of composting prior

to fulfillment of the pathogen reduction requirements in Regulation

.09B(10) of this chapter.

(3) “All-weather pad” means a pad of sufficient construction,

firmness, and grading so that composting equipment can manage the

process during normal inclement weather, including expected rain,

snow, and freezing temperatures.

(4) “All-weather road” means a road of sufficient construction

and firmness for vehicles and equipment to traverse during normal

inclement weather, including expected rain, snow, and freezing

temperatures.


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(5) “Carbon-rich” means having a carbon-to-nitrogen ratio of

at least 60:1.

(6) “Compost” means the product of composting in accordance

with the standards established by the Secretary of Agriculture under

Agriculture Article, §6–221, Annotated Code of Maryland.

(7) “Compostable products” means containers, films, or food

service items, such as a bowls, plates, cups, or cutlery, composed of

materials such as:

(a) Vegetable matter;

(b) Paper;

(c) Cardboard; and

(d) Compostable plastics that are, within the length of time

and process employed at the composting facility at which they are

used, capable of biological decomposition to a degree that they result

in marketable compost meeting the standards established by the

Secretary of Agriculture under Agriculture Article, §6–221,


(8) “Composting” means the controlled aerobic biological

decomposition of organic waste material.

(9) Composting facility.

(a) “Composting facility” means a facility where

composting takes place.

(b) “Composting facility” does not include a facility that is

required to obtain:

(i) A Natural Wood Waste Recycling Facility Permit in

accordance with COMAR 26.04.09;

(ii) A Sewage Sludge Utilization Permit in accordance

with COMAR 26.04.06; or

(iii) A Refuse Disposal Permit in accordance with

COMAR 26.04.07.

(c) The exclusions in §B(9)(b) of this regulation apply only

to the areas of a site for which one of the listed permits is required.

(10) “Composting Facility Operations Plan” (CFOP) means

the plan required by Regulation .09 of this chapter.

(11) “Composting Facility Permit” means the permit required

by Regulation .05 of this chapter.

(12) Contact Water.

(a) “Contact water” means liquid, including runoff from

precipitation, that has been in contact with feedstocks or active

composting material and runs off the feedstock receiving area,

feedstock storage area, or active composting area.

(b) “Contact water” includes liquid that has passed through

or emerged from feedstocks or active composting material and

contains soluble, suspended, or miscible materials removed from the

piles.

(13) “Covered” means covered with:

(a) A synthetic, low-permeability cover or tarp designed to

prevent precipitation from contacting the covered materials;

(b) A roof with either walls or sufficient run-on control

measures, such as berms, to prevent run-on from contacting the

covered materials; or

(c) An alternative approved by the Department.

(14) Curing.

(a) “Curing” means the phase of the composting process

after the pathogen reduction requirements in Regulation .09 of this

chapter have been met and after most of the readily metabolized

material has been decomposed and stabilized.

(b) “Curing” includes periods in which the material is

managed to increase maturity prior to use or distribution as compost.

(15) “Existing composting facility” means a composting

facility that began operations on or before the effective date of this

regulation.

(16) “Farm” means the site of a business or activity that tills,

crops, keeps, pastures, or produces an agricultural product,

including livestock, poultry, plants, trees, sod, food, feed, or fiber by

in-ground, out-of-ground, container, or other culture.

(17) “Flood plain” means the flood plain of free-flowing

waters determined by the Department of Natural Resources on the

basis of the 100-year flood frequency.

(18) “Indoors” means within a structure that is entirely

enclosed by walls and has a roof and low-permeability floor

constructed of concrete, asphalt, or similar materials.

(19) “In support of composting” means used to conduct any

stage of the composting process, including but not limited to

(a) Feedstock receiving;

(b) Feedstock preparation;

(c) Active composting;

(d) Curing;

(e) Compost storage;

(f) Composting equipment storage or maintenance; or

(g) Storage of any solid waste or non-compostable

materials.

(20) “Natural wood waste” is defined in COMAR 26.04.09.02.

(21) “New composting facility” means a composting facility

that began operations after the effective date of this regulation.

(22) “Organic” means any natural biological substance of

plant or animal origin that is capable of microbial degradation.

(23) “Person” means an individual, receiver, trustee,

guardian, personal representative, fiduciary, or representative of any

kind and any partnership, firm, association, corporation, or other

entity.

(24) “Physical contaminants” means non-compostable items

including non-compostable plastic, glass, rubber, and metal.

(25) “Run-on” means any rainwater or other liquid that drains

over land onto any part of a composting facility.

(26) Stormwater.

(a) “Stormwater” means stormwater runoff, snow melt

runoff, and surface runoff and drainage.

(b) “Stormwater” does not include contact water.

(27) “Stabilized compost” is defined in COMAR 15.18.04.01.

(28) “Tier 1 Facility” means a composting facility that accepts

only Type 1 feedstocks.

(29) Tier 2 Facility.

(a) “Tier 2 Facility” means a composting facility that

accepts Type 2 feedstocks.

(b) “Tier 2 Facility” includes a composting facility that

accepts Type 1 feedstocks in addition to Type 2 feedstocks.

(c) “Tier 2 Facility” does not include a composting facility

that accepts Type 3 feedstocks.

(30) “Tier 2 Small Facility” means a Tier 2 Facility that

produces 10,000 cubic yards or less of compost per year.

(31) “Tier 2 Large Facility” means a Tier 2 Facility that

produces more than 10,000 cubic yards of compost per year.

(32) “Tier 3 Facility” means a facility that accepts any Type 3

feedstocks, regardless of whether other feedstock Types are also

accepted.

(33) “Type 1 feedstock” means:

(a) Yard waste, as defined in Environment Article, §9-1701,

Annotated Code of Maryland; and

(b) Other materials determined by the Department to pose a

low level of risk from hazardous substances, human pathogens, and

physical contaminants.


(a) Source-separated organics from residential curbside or

drop-off programs and non-residential sources, including but not

limited to pre- and post-consumer food scraps and non-recyclable

paper;


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(b) Department-approved animal manure and bedding, with

Department approval based on factors such as moisture content and

pathogen risk;

(c) Department-approved industrially produced food

processing materials, including industrial poultry and seafood

residuals;

(d) Manufactured organic materials such as waxed-

corrugated cardboard, non-coated paper, and compostable products;

and

(e) Other materials that the Department determines pose a

low level of risk from hazardous substances and a higher level of risk

from physical contaminants and human pathogens, compared to Type

1 feedstocks.


(a) Sewage sludge;

(b) Biosolids;

(c) Septage;

(d) Used diapers;

(e) Mixed municipal solid waste; and

(f) Any other feedstocks that are not Type 1 or Type 2

feedstocks and that the Department determines pose a low level of

risk from hazardous substances and a higher level of risk from

physical contaminants and human pathogens, compared to Type 1

and Type 2 feedstocks.

.03 Incorporation by Reference.

A. In this chapter, the following documents are incorporated by

reference.

B. Documents Incorporated. 40 CFR §122.26(b)(14), as amended,

is incorporated by reference.

.04 General Restrictions and Specifically Prohibited Acts.

A. General Restrictions. A person shall not engage in composting

in a manner which will likely:

(1) Create a nuisance;

(2) Be conducive to insect and rodent infestation or the

harborage of animals;

(3) Cause nuisance odors or other air pollution in violation of

COMAR 26.11.06 or involve construction of a source of air pollution

subject to a permit to construct or operation of a source of air

pollution subject to a permit to operate unless permitted pursuant to

COMAR 26.11.02;

(4) Cause a discharge of pollutants derived from organic

materials or solid waste to waters of this State unless otherwise

permitted by the Department;

(5) Harm the environment; or

(6) Create other hazards to the public health, safety, or comfort

as may be determined by the Department.

B. The Department, in exercising its authority under these

regulations with respect to granting or renewing permits, reviewing

registrations, reviewing operations of a facility, or allowing

operation under a general permit, may consider any documentation

required under these regulations to evaluate whether any of the

conditions described in §A of this regulation is likely to occur or has

occurred.

C. A person shall not own or operate a composting facility in this

State except in accordance with these regulations.

.05 Permits Required.

A. Permits Required. Except as provided in §§B and C of this

regulation and in Regulation .06 of this chapter, a person:

(1) May not cause, suffer, allow, or permit the operation of a

composting facility in the State without a permit issued by the

Department under this chapter; and

(2) Shall operate the facility:

(a) In accordance with the conditions of an individual

Composting Facility Permit issued by the Department; or

(b) In accordance with the conditions of the general

Composting Facility Permit after the responsible party has:

(i) Submitted a Notice of Intent (NOI) and all required

information in accordance with Regulation .11 of this chapter; and

(ii) Received a letter of acknowledgment from the

Department.

B. Exemption. A Composting Facility Permit is not required for a

composting facility that:

(1) Is located on a residential property and composts organic

materials generated on the residential site, if the resulting compost is

used on the residential site for personal, household, or family

purposes;

(2) Is located on a farm and meets the following conditions:

(i) The facility composts only organic materials

generated on site or at another farm controlled by the same operator;

and

(ii) The compost is used for personal, household, family,

or agricultural purposes at the farm where the facility is located or at

a farm controlled by the same operator;

(3) Is located on a farm required to submit a registration under

Regulation .07 of this chapter, unless the Department requires the

facility to obtain a Composting Facility Permit; or

(4) Is a Tier 1 or Tier 2 Facility and meets the following

conditions:

(a) At all times, the facility uses no more than 5,000 square

feet of area in support of composting operations;

(b) The facility complies with the general restrictions in

Regulation .04A of this chapter; and

(c) Any windrows or storage piles are no higher than 9 feet.

C. Tier 3 Facilities.

(1) A person may not operate a Tier 3 Facility in the State

without a permit issued by the Department under COMAR 26.04.07

or COMAR 26.04.06.

(2) A Tier 3 Facility that operates under a permit issued under

COMAR 26.04.07 or COMAR 26.04.06 shall not require a

Composting Facility Permit issued under this chapter.

.06 Existing Composting Facilities.

A. This regulation applies to composting facilities that began

operations on or before the effective date of this regulation.

B. Within 60 days after the effective date of this chapter, an

existing composting facility, except a composting facility exempt from

the permit requirement under Regulation .05B(1) or (2) of this

chapter, shall submit an Existing Facility Notification to the

Department.

C. The Existing Facility Notification required in §B of this

regulation shall be submitted on a form provided by the Department

and shall include at least:

(1) The name and location of the composting facility;

(2) Days and hours of operation;

(3) The name and contact information of the facility operator

and the name of each operator certified by the Department of

Agriculture under COMAR 15.18.04;

(4) A brief description of the feedstocks currently accepted and

their sources;

(5) An estimate of the quantity of feedstocks accepted annually

and the quantity of compost produced annually, in cubic yards;

(6) The area, in square feet, that is used in support of

composting operations; and

(7) Whether the compost is distributed off site.

D. An existing composting facility that has submitted a complete

and timely Existing Facility Notification as required in §B of this


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regulation shall not be subject to the requirements in Regulations .05

and .07—.16 of this chapter until July 1, 2016, if the following

conditions are met:

(1) The facility accepts only feedstocks that it accepted as of the

effective date of this regulation and that were described in the

Existing Facility Notification, except that the sources of feedstocks

may change if the nature and type of the material is substantially the

same;

(2) The facility accepts materials in quantities not exceeding

the annual quantity reported in the Existing Facility Notification; and

(3) The facility does not engage in composting in a manner

likely to cause any of the prohibited acts listed in Regulation .04A of

this chapter.

E. Nothing in this regulation shall be construed to prohibit the

Department from enforcing any other law, regulation, or permit

applicable to the existing composting facility.

.07 Registration of Certain On-Farm Facilities.

A. Registration Required. The operator of a composting facility

located at a farm shall submit a registration to the Department if:

(1) The facility at any time uses greater than 5,000 square feet

in support of composting;

(2) The facility composts organic materials generated at a site

other than:

(a) The farm where the facility is located; or

(b) A farm controlled by the same operator; and

(3) The compost is used at the farm where the facility is located

or at a farm controlled by the same operator.

B. The registration required in §A of this regulation shall be

submitted on a form provided by the Department and shall include:

(1) A description of the facility, including the method of

composting and a description of the site on which the composting will

or does take place;

(2) A description of the feedstocks accepted;

(3) The approximate quantities of each feedstock accepted;

(4) The origin of feedstocks accepted from off site; and

(5) Any other information requested by the Department related

to composting activities.

C. The Department shall review the registration submitted under

§A of this regulation and, based on the potential environmental risks

of the facility, may require the facility to obtain a general or

individual Composting Facility Permit, a State or NPDES discharge

permit, or a State air quality permit.

.08 Facility Siting and Design Requirements.

A. This regulation applies to composting facilities that are

required to obtain a Composting Facility Permit under this chapter,

and establishes conditions that the facility operator shall meet with

respect to siting and design of the facility.

B. Siting Criteria.

(1) Except where a greater setback is required by local, State,

or federal law, feedstock receipt, feedstock storage, active

composting, curing, and compost storage areas of a composting

facility may not be located closer than:

(a) 50 feet to a property line;

(b) 300 feet to a dwelling not owned by the operator of the

composting facility;

(c) 300 feet to a drinking water supply well; and

(d) 100 feet to a stream, lake, or other body of water except

an impoundment for use in the composting process.

(2) A composting facility shall be located in accordance with

all applicable federal laws, regulations, or guidance related to the

location of composting facilities at or near airports.

(3) A composting facility shall not be located in a flood plain,

except as otherwise approved by the Department.

(4) A composting facility shall be sited and constructed in

accordance with COMAR 26.23 and COMAR 26.24, relating to

nontidal and tidal wetlands, respectively.

(5) A composting facility may not be located in conflict with the

Chesapeake Bay Critical Area Commission Criteria under COMAR

27.01 or any locally adopted Critical Area Plan.

C. Basic Design Criteria.

(1) As required by Regulation .09 of this chapter, the

Composting Facility Operations Plan shall clearly define:

(a) The locations at the facility to be used for feedstock

receiving and storage, active composting, curing, and compost

storage; and

(b) The maximum throughput and capacity of the facility.

(2) No material shall be stored in excess of the capacity

specified in the Composting Facility Operations Plan.

(3) The composting facility shall be of sufficient size to allow

processing of materials as necessary to avoid nuisance conditions

and shall have adequate room for material stockpiles, windrows, or

piles of manageable dimensions for maintaining aerobic conditions,

curing piles, staging of finished compost, and equipment.

(4) The maximum windrow or pile size and minimum windrow

or pile spacing shall match the capability and requirements of the

equipment used at the facility.

(5) Access to the composting facility shall be limited to

authorized entrances, which shall be secured from public access

when the facility is not in operation.

(6) The composting facility shall have a sign at its entrance that

lists:

(a) The name and address of the facility;

(b) Days and hours of operation; and

(c) Emergency contact information.

(7) The composting facility shall have all-weather access

roads.

(8) Structures such as berms or ditches shall be used to prevent

run-on to the feedstock receiving, feedstock storage, active

composting, curing, and compost storage areas.

D. Distance to Groundwater.

(1) The composting facility shall be designed and located to

meet the following minimum vertical distances between the seasonal

high water table and any surfaces used for feedstock receiving,

feedstock storage, active composting, curing, or compost storage:

(a) For a facility located outside the coastal plain province,

as shown in COMAR 26.04.02.13, the minimum distance shall be 4

feet; and

(b) For a facility located within the coastal plain province,

as shown in COMAR 26.04.02.13, the minimum distance shall be as

follows:

(i) For a facility located in an area with an applicable

groundwater protection report approved by the county health

department pursuant to COMAR 26.04.02.04, the minimum distance

shall be the distance specified in the report as the minimum soil

treatment zone for an on-site sewage disposal system;

(ii) For a facility located in an area where no approved

groundwater protection report applies, the minimum distance shall

be 4 feet;

(iii) For a facility that will operate under the general

Composting Facility Permit, the minimum distance shall be the

distance specified in the general permit;

(iv) The Department may set another distance if

necessary to adequately protect groundwater, as determined by the

Department and based on factors such as whether the facility is

located in a wellhead protection area, the permeability of the buffer

zone between the surface and groundwater, the proportion of rock in

the buffer zone, whether the facility is located near a sole source

aquifer, and any other relevant hydrogeologic factors; and


53


(v) Notwithstanding §D(1)(b)(i) through (iv) of this

regulation, the minimum distance shall in no case be less than 2 feet;

(2) The Department may specify the method to be used for

determining the distance to the seasonal high water table.

(3) The Department may exempt an indoor facility from the

requirement for distance to the seasonal high water table in §D(1) of

this regulation.

E. Pad Requirements.

(1) Slope of surfaces. All surfaces used for feedstock receiving,

feedstock storage, active composting, curing, and compost storage

shall be sloped between 1 and 6 percent, as determined by site

conditions and as sufficient to prevent ponding, except for areas

located indoors, which shall have slope sufficient to prevent ponding

and facilitate cleaning.

(2) Pad Requirements for Tier 1 Facilities. For Tier 1

Facilities, the surfaces used for feedstock receiving, feedstock

storage, active composting, curing, and compost storage shall be

composed of an all-weather pad.

(3) Pad Requirements for Tier 2 Small Facilities.

(a) For Tier 2 Small Facilities, the surfaces used for

feedstock receiving, feedstock storage, curing, and compost storage

shall be composed of an all-weather pad.

(b) Surfaces used for active composting shall be composed

of:

(i) An all-weather pad with a 6-inch layer of carbon-rich

substrate such as wood chips placed beneath each active composting

pile or windrow, above the all-weather pad; or

(ii) A low-permeability pad constructed in accordance

with the requirements for Tier 2 Large Facilities in §E(4)(b) of this

regulation, if the requirements for management of contact water in

§F(2) or F(3) of this regulation are also met.

(4) Pad Requirements for Tier 2 Large Facilities.

(a) For Tier 2 Large Facilities, surfaces used for curing and

compost storage shall be composed of an all-weather pad.

(b) Surfaces used for feedstock receipt, feedstock storage,

and active composting shall be constructed of a low-permeability pad

that meets the following requirements:

(i) A pad constructed on the surface of the ground shall

have a hydraulic conductivity of 1 x 10-5 cm/sec or less;

(ii) A pad that is buried shall have a hydraulic

conductivity of 1 x 10-6 cm/sec or less;

(iii) A pad made of asphalt concrete or Portland cement

concrete shall be designed to minimize the potential for cracking and

allow equipment to operate without damage; and

(iv) A pad made of compacted clay shall have a minimum

thickness of one foot and shall be protected from desiccation and

installed in a manner such that the integrity of the pad will not be

impaired by the operation of heavy equipment used on the pad.

(c) For Tier 2 Large Facilities in which the active

composting piles are covered, the active composting area required to

have a low-permeability pad under §E(4)(b) of this regulation is

limited to the area directly underneath each covered pile and does

not include the aisles between the covered piles.

F. Design Requirements for Management of Stormwater and

Contact Water.

(1) The facility shall be designed to manage any stormwater

discharges associated with industrial activity, as defined in 40 C.F.R.

§122.26(b)(14), in accordance with:

(a) The NPDES permit issued by the Department;

(b) State and local stormwater requirements; and

(c) State and local erosion and sediment control

requirements.

(2) Uncovered Tier 2 Large Facilities.

(a) This subsection applies to Tier 2 Large Facilities in

which the active composting piles are not covered.

(b) The feedstock receiving, feedstock storage, and active

composting areas shall direct contact water to a collection basin,

tank, or other containment system before:

(i) Reuse on active composting piles in accordance with

the Composting Facility Operations Plan and in a manner that

prevents contamination of materials that have met the pathogen

reduction requirements in Regulation .09B(10) of this chapter;

(ii) Transport off site for treatment at a permitted facility;

or

(iii) Discharge under COMAR 26.08.01—.04.

(c) The collection basin, tank, or other containment system

used to collect contact water shall:

(i) Be sized to handle at least a 24-hour, 25-year storm

event;

(ii) Have a synthetic or compacted clay liner with a

hydraulic conductivity of 1 x 10-7 cm/sec or less; and

(iii) If the liner is constructed of compacted clay, have a

thickness of at least 1 foot.

(3) Covered Tier 2 Large Facilities.

(a) This subsection applies to Tier 2 Large Facilities in

which active composting piles are covered.

(b) The following are considered contact water at Covered

Tier 2 Large Facilities and shall be collected and contained in

accordance with the requirements of §F(3)(d) of this regulation:

(i) Liquid that drains from the bottom of a covered pile;

and

(ii) Runoff from any uncovered feedstock receipt or

feedstock storage areas.

(c) The following are not considered contact water at

Covered Tier 2 Large Facilities and are not subject to the collection

and containment requirements of §F(3)(d) of this regulation:

(i) Runoff from active composting areas that has

contacted only covered piles, roofs, or empty aisles; and

(ii) Runoff from any feedstock receipt and feedstock

storage areas covered by a roof, if the runoff has contacted only the

roof or empty aisles.

(d) Contact water from Covered Tier 2 Large Facilities

shall be collected and contained in a collection basin, tank, or other

containment system before:

(i) Reuse on active composting piles in accordance with

the Composting Facility Operations Plan and in a manner that

prevents contamination of materials that have met the pathogen

reduction requirements in Regulation .09B(10) of this chapter;

(ii) Transport off site for treatment at a permitted facility;

or

(iii) Discharge under to COMAR 26.08.01—.04.

(e) A collection basin, tank, or other containment system

used to collect contact water shall:

(i) Be sized to contain all contact water generated by the

facility;

(ii) Have a synthetic or compacted clay liner with a

hydraulic conductivity of 1 x 10-7 cm/sec or less; and

(iii) If the liner is constructed of compacted clay, have a

thickness of at least 1 foot.

G. Monitoring Wells. The Department may require a composting

facility to install monitoring wells and conduct groundwater

monitoring if:

(1) The facility is located in karst terrain;

(2) The facility is located in a wellhead protection area; or

(3) The Department otherwise considers monitoring necessary

to adequately protect groundwater because of the particular

characteristics of the site.


54


.09 Composting Facility Operating Requirements.

A. This regulation:

(1) Applies to composting facilities that are required to obtain

a Composting Facility Permit under this chapter; and

(2) Establishes requirements that the facility operator shall

meet in operating a composting facility.

B. Basic Operating Requirements.

(1) Composting Facility Operations Plan (CFOP).

(a) A facility shall have and follow a Department-approved

CFOP that contains:

(i) A description of the operational procedures for the

facility in order to comply with the requirements of this chapter;

(ii) A description of the methods, equipment, and

feedstocks to be used;

(iii) A description of the movement of materials

throughout the composting process, including a description of the

locations to be used at the facility for receipt, active composting,

curing, and storage phases.

(iv) A maximum capacity and annual throughput for the

facility;

(v) A plan to prevent creation of nuisances, including

nuisance odors and litter, and to respond to complaints;

(vi) A plan to prevent harborage and infestation of

vectors;

(vii) A description of methods used to control contact

water and stormwater;

(viii) An emergency preparedness plan for responding to

and minimizing the occurrence of fires, explosions, and releases;

(ix) A plan and procedure for monitoring temperature to

ensure that the pathogen reduction requirements of §B(10) of this

regulation are met, with the plan providing for measurement of the

temperature of each windrow or pile at least three times each day, at

the beginning, middle, and end of the operating day;

(x) A plan and procedure for monitoring oxygen and

moisture during composting to demonstrate that aerobic conditions

are maintained and the pathogen reduction requirements of §B(10) of

this regulation are met;

(xi) A plan for periodic cleaning and maintenance;

(xii) A description of the methods for handling

unacceptable wastes delivered to the facility, including how they

shall be identified, segregated, and handled before recycling or final

disposal;

(xiii) Employee safety training requirements;

(xiv) A description of procedures for recording and

reporting incidents of noncompliance with this chapter;

(xv) Methods used to prevent mud, soil, and debris from

the facility from entering public roadways and a procedure for

cleaning roads if necessary;

(xvi) A plan for disposal of product that does not meet

quality or regulatory standards;

(xvii) For Tier 2 Facilities, a plan for determining

whether the product is stable, meets the pathogen reduction

requirements of §B(10) of this regulation, and is suitable for

placement in the curing or compost storage area; and

(xviii) A listing of the site personnel that hold a

composting operator certification issued by the Department of

Agriculture under COMAR 15.18.04.03.

(b) The facility operator shall review the CFOP internally at

least once per year and update the CFOP when there is a change in

Certified Operators, procedures, or feedstocks.

(c) The facility operator shall ensure that a copy of the

CFOP is available on site and shall make the CFOP available to the

Department upon request.

(2) The facility operator shall complete and document training

in the basics of composting facility operations in accordance with

COMAR 15.18.04.03.

(3) The facility shall be maintained in a clean and sanitary

condition, free of unsecured trash and non-compostable materials at

the end of each operating day.

(4) The facility shall have a copy of the current Composting

Facility Permit on site at all times.

(5) The facility, including the feedstock receipt, feedstock

storage, active composting, curing, and compost storage areas, shall

be maintained and repaired as needed.

(6) The facility operator shall ensure that the facility is in

compliance comply with all local rules, regulations, and ordinances.

(7) Feedstocks shall be managed in a timeframe that prevents

nuisance odors, unauthorized discharge of contact water, fire, and

scavenging by vectors.

(8) Compost shall not be stored on site longer than 12 months,

unless approved by the Department on a case-specific basis and

noted in the CFOP.

(9) Non-compostable waste shall be removed or stored in a

waste container or containment area, and then disposed at a

permitted solid waste facility or recycled:

(a) Within the timeframe provided in the approved CFOP;

(b) As required by local regulating authority; and

(c) Whenever the container is full.

(10) Processing Time and Temperatures.

(a) Compost processing time and temperatures shall be

sufficient to kill weed seeds, reduce pathogens and vector attraction,

and produce stabilized compost.

(b) The average temperature of the material shall be

calculated for each day by averaging all temperature measurements

taken during that day in accordance with §B(1)(a)(ix) of this

regulation.

(c) Pathogen reduction for windrow composting shall be

ensured as follows:

(i) There shall be at least 15 days in which the material

being composted has an average temperature during each day of 55 °

C or higher;

(ii) During the period when the material is maintained at

55°C or higher, there shall be a minimum of five turnings of the

windrow with a minimum of 3 days between turnings; and

(iii) The 15 or more days at or above an average

temperature of 55°C do not need to be consecutive.

(d) Pathogen reduction for aerated static pile composting or

in-vessel composting shall be ensured by achieving a period of at

least three consecutive days in which the material has an average

temperature during each day of 55 ° C or higher.

(11) Any stormwater discharges associated with industrial

activity, as defined in 40 C.F.R. §122.26(b)(14), shall be managed in

accordance with:

(a) A NPDES permit issued by the Department;

(b) State and local stormwater requirements; and

(c) State and local erosion and sediment control

requirements.

C. Additional Operating Requirements for Tier 2 Small Facilities.

(1) Type 2 feedstocks with free liquid shall be mixed with drier

feedstocks, bulking material, or compost so that the liquid is promptly

absorbed and not allowed to flow from the compost piles or

windrows.

(2) By the end of each operating day, Type 2 feedstocks shall be

processed into an active composting pile, transferred to leak-proof

containment, or mixed with carbon-rich bulking material and

covered in a manner that prevents nuisance odors and scavenging by

vectors.


55


(3) Except for covered piles, a 6-inch layer of compost or

carbon-rich material shall be placed over active composting piles by

the end of the operating day on which they are formed and again

after each time the piles are turned.

D. Additional Operating Requirements for Tier 2 Large Facilities.

(1) Any Type 2 feedstocks with free liquid shall be mixed with

drier feedstocks, bulking material, or compost so that the liquid is

promptly absorbed and not allowed to flow from the compost piles or

windrows.

(2) Free liquid that is not absorbed by drier feedstocks is

contact water and shall be directed to a containment system and

managed in accordance with §D(4) of this regulation.

(3) By the end of each operating day, Type 2 feedstocks shall be

processed into an active composting pile, transferred to leak-proof

containment, or mixed with bulking material and covered in a

manner that prevents nuisance odors and scavenging by vectors.

(4) Contact water shall be collected and contained in a

collection basin, tank, or other containment system designed in

accordance with Regulation .08F of this chapter before:

(a) Reuse on active composting piles in accordance with the

CFOP and in a manner that prevents contamination of materials that

have met the pathogen reduction requirements of §B(10) of this

regulation;

(b) Transport off site for treatment at a permitted facility; or

(c) Discharge under COMAR 26.08.01—.04.

.10 Application for Individual Permit and Permit Review.

A. Requirements for Application.

(1) An applicant for an individual Composting Facility Permit

shall submit a permit application on a form provided by the

Department.

(2) An applicant for an individual Composting Facility Permit

shall also apply for any air quality permits required under COMAR

26.11.02 and any discharge permits required under COMAR

26.04.02.09 and COMAR 26.08.04, including a permit for storm

water discharges if required.

(3) The application for an individual Composting Facility

Permit shall include:

(a) The name and address of the applicant;

(b) The applicant’s Social Security Number, if the applicant

is an individual, or the applicant’s federal tax identification number,

if the applicant is not an individual;

(c) A description of the facility for which the permit is

requested, including an explanation of how the requirements of this

chapter shall be met;

(d) A listing of all other applicable permits required under

local, State, or federal law, including permit numbers for those

currently held;

(e) A marketing plan and strategy for the compost produced

at the facility;

(f) Copies of plans and engineering reports as described in

§B of this regulation; and

(g) A description of any variances for which the applicant is

applying at the time of application, in accordance with Regulation

.14 of this chapter.

B. Plans and Specifications.

(1) The applicant shall submit plans and engineering reports

for the facility to the Department as part of the application.

(2) The information contained in these plans and reports shall

include:

(a) A map showing the specific location of the facility and

types of land uses, including any residential areas, schools, or other

institutions located within 1/2 mile of the boundaries of the facility;

(b) Drawings of on-site buildings and other facility

structures, including any pads and contact water or stormwater

containment systems, showing the type of construction, layout, and

dimensions;

(c) For facilities with any outdoor operations, including

feedstock receipt or curing, a topographic map of the site that

identifies slopes greater than 25 percent, floodplains, wetlands,

streams, and aquifer recharge areas;

(d) Drawings showing feedstock receipt and storage,

compost storage, equipment storage, curing, and active composting

areas;

(e) A site plan designating the property boundaries, existing

and proposed facility structures, and roads;

(f) A descriptive statement of processes and technology to be

used;

(g) The distance to the seasonal high water table,

demonstrating compliance with Regulation .08D of this chapter;

(h) A description of the following:

(i) Major items of equipment including manufacturer,

type, model, capacity, and number of units;

(ii) Types and anticipated quantities of feedstocks to be

accepted and processed daily;

(iii) Types of feedstocks that are not accepted;

(iv) Means by which the quantities of materials entering

the facility, processed at the facility, and leaving the facility are

determined;

(v) Geographic areas expected to be served by the

facility;

(vi) Measures that shall be taken to prevent or control

ground or surface water pollution, fires, explosions, odors, noise,

dust, litter, vectors, and other nuisances;

(vii) Methods of controlling contact water and

stormwater from the facility;

(viii) Soil types and depths at the facility site;

(ix) Employee safety and sanitary facilities including the

location of on-site sewage disposal and water supply systems;

(x) Number and positions of employees; and

(xi) Hours of operation;

(i) A copy of the Composting Facility Operations Plan

required by Regulation .09 of this chapter;

(j) An erosion and sediment control plan that meets the

requirements of COMAR 26.17.01 and has been approved by the

local soil conservation district or appropriate approving authority;

(k) A grading permit as required by the local jurisdiction;

(l) A description of site security and access control; and

(m) An approved and bonded stormwater management plan,

if required by the local jurisdiction.

C. Term of License. A composting facility permit shall be issued

for a term of 5 years.

D. The Department shall distribute the applications submitted to

the:

(1) Governing body, the county executive, or both, of a county

or municipality in which the activity is proposed;

(2) Local operating agency responsible for solid waste and

recycling management;

(3) Local health or environmental official;

(4) Department of Natural Resources;

(5) Appropriate soil conservation district;

(6) U.S. Army Corps of Engineers;

(7) State Highway Administration;

(8) State Fire Marshal’s Office; and

(9) Local fire marshal.

E. The Department shall invite each person receiving a copy of the

application under §D of this regulation to:

(1) Inspect the site that is the subject of the application during

a joint inspection scheduled by the Department; and


56


(2) Submit comments to the Department within 30 days of

receipt of the application and supporting information.

F. Public Notice.

(1) Upon an applicant’s submission of a completed application

for an individual Composting Facility Permit, the Department shall

publish a notice of the application on the Department’s website,

including:

(a) A statement of the location of the proposed facility and

the type and quantity of feedstocks intended to be composted;

(b) A statement that the Department shall allow 30 days for

public comment on the application before issuance of the permit;

(c) The procedure and deadline for submitting comments on

the application; and

(d) Any other information related to the application that the

Department considers relevant.

(2) The Department shall publish notice of issuance of an

individual Composting Facility Permit on the Department’s website.

G. Contested Case Hearing.

(1) The applicant shall have an opportunity for a hearing on a

denial of an individual Composting Facility Permit or any condition

of an individual Composting Facility Permit, if the applicant files a

written request with the Department within 10 calendar days of

receipt of the notice of denial or issuance of the permit with

conditions.

(2) A hearing provided for in this regulation shall be conducted

by the Department at a designated time and place in accordance with

the provisions of State Government Article, Title 10, Subtitle 2,


H. Permit Modification.

(1) The Department may modify an individual Composting

Facility Permit upon request by the permittee if all the following

conditions are met:

(a) The permittee is in compliance with this chapter and all

the conditions of the permit;

(b) The permittee submits to the Department a modification

application, on a form provided by the Department, including:

(i) A description of the proposed modification and an

explanation of why the modification is needed;

(ii) A revised version of any documentation listed in §B of

this regulation that will change as a result of the modification,

including a revised CFOP incorporating the proposed modifications;

and

(iii) Any other information requested by the Department

to evaluate the proposed modification; and

(c) The Department determines that the proposed

modification is in compliance with this chapter and does not

adversely affect the environment or public health.

(2) An application for a permit modification shall be subject to

the notice and comment opportunities provided in §§D and F of this

regulation, except that only provisions of the permit subject to

modification shall be open for comment.

.11 General Permit to Operate a Composting Facility.

A. Eligibility for the General Composting Facility Permit.

(1) A person may operate a Tier 1 or Tier 2 Facility under the

general Composting Facility Permit issued under §H of this

regulation if:

(a) Either:

(i) The operator of an existing composting facility for

which a timely and complete Existing Facility Notification was filed

under Regulation .06 of this chapter submits the documentation

required under §§B—D of this regulation not later than July 1, 2016

and receives an acknowledgement from the Department under §G of

this regulation; or

(ii) The operator of a new composting facility submits the

documentation required under §§B—D of this regulation and

receives an acknowledgement from the Department under §G of this

regulation before beginning operations; and

(b) The facility is in compliance with:

(i) The terms of the general permit; and

(ii) All requirements of this chapter, without variances.

(2) If an existing composting facility has not filed a complete

and timely Existing Facility Notification under Regulation .06 of this

chapter, a person may not operate the existing composting facility

under the general Composting Facility Permit until the operator

submits the documentation required under §§B—D of this regulation

and receives an acknowledgement from the Department under §G of

this regulation.

(3) A proposed Tier 1 or 2 Facility that requests a variance

from the requirements in this chapter or that would not comply with

the terms of the general permit shall apply for an individual

Composting Facility Permit under Regulation .10 of this chapter.

B. A person intending to operate a composting facility under the

general permit shall submit to the Department:

(1) A Notice of Intent (NOI); and

(2) A copy of the Composting Facility Operations Plan (CFOP)

required by Regulation .09 of this chapter.

C. The NOI shall be signed by a responsible party and shall be

sent by certified mail.

D. A person signing an NOI shall certify that the facility will

operate in compliance with the conditions of the general permit.

E. Becoming a permittee under the general permit obligates the

person to comply with the terms and conditions of the general permit.

F. Duration of the Permit. The general Composting Facility

Permit shall have a term of 5 years and may be reissued with or

without changes at the discretion of the Department.

G. Dates of Coverage Under the Permit.

(1) Authorization to operate a composting facility under the

general Composting Facility Permit is effective on the date the

Department acknowledges receipt of an NOI and a CFOP that

demonstrate compliance with the requirements of this chapter and

the terms of the general permit.

(2) Authorization under the general Composting Facility

Permit expires the soonest of the following:

(a) Sixty days after the general permit is reissued, unless the

permittee submits a renewal NOI and CFOP within 60 days after

reissuance of the permit;

(b) At the time when the permittee permanently ceases

operations after notifying the Department under §G(4) of this

regulation;

(c) At the time of a change in ownership or control of the

facility; and

(d) At the time the Department provides written notice to a

permittee of suspension or revocation of the permittee’s coverage

under the general Composting Facility Permit, in accordance with

Regulation .16A of this chapter.

(3) A permittee wishing to renew authorization to operate

under the general permit shall submit a renewal NOI and CFOP

within 60 days after each reissuance of the general Composting

Facility Permit.

(4) A permittee who intends to permanently cease operations

shall notify the Department of the permittee’s intent to do so and

shall comply with the requirements in Regulation .13 of this chapter

related to facility closure.

H. General Permit—Public Notice, Public Meeting, and Issuance.

(1) Before issuance or reissuance of the general Composting

Facility Permit, the Department shall prepare a draft permit and

make the draft permit available for public review and comment.


57


(2) The Department shall publish a notice of the draft permit

prepared under §H(1) of this regulation on the Department’s website,

and include in the notice:

(a) A copy of the draft permit;

(b) A statement that the Department shall allow a minimum

of 30 days for public comment on the draft permit before the issuance

or reissuance of the permit; and

(c) The procedure and deadline for submitting comments on

the draft permit.

(3) The Department shall schedule a public meeting on a draft

general Composting Facility Permit when a written request is made

within 20 calendar days of the publication of the notice of draft

permit.

(4) The Department may, at its discretion, hold a public

meeting on a draft general Composting Facility Permit if no request

for a public meeting is received.

(5) A public meeting may be cancelled if all persons who made

timely written request for the meeting withdraw their requests.

(6) If a public meeting is scheduled, the Department shall:

(a) Publish a notice of the public meeting on the

Department’s website a minimum of 30 days prior to the meeting;

and

(b) Include in the notice:

(i) The draft permit; and

(ii) The date, time, and location of the meeting.

(7) The Department shall:

(a) Provide an opportunity at the public meeting for

comments concerning the issuance of a general permit; and

(b) Accept written comments on the proposal to issue a

general permit for at least 5 days after a public meeting.

(8) The Department shall publish notice of issuance or

reissuance of the general Composting Facility Permit on the

Department’s website.

I. Transfer of Ownership.

(1) Participation in the general permit:

(a) Is not transferable; and

(b) Authorizes only the signatory party to operate the

permitted facility.

(2) If there is a change in control or ownership of the property

not caused by death of the permittee, the permittee shall:

(a) Notify the succeeding owner by certified mail of:

(i) The existence of the permit; and

(ii) Any outstanding permit noncompliance; and

(b) Make the notification required by §I(2)(a) of this

regulation a minimum of 60 days before the change in control or

ownership; and

(3) The permittee shall provide the Department with a copy of

the notification required in §I(2) of this regulation at the same time

that the notification is provided to the succeeding owner.

J. Submission of Revised NOI.

(1) A permittee that is authorized under the general

Composting Facility Permit shall submit a revised NOI a minimum of

60 days before either of the following changes occurs:

(a) A permitted Tier 1 Facility becomes a Tier 2 Facility by

beginning to accept Type 2 feedstocks; or

(b) A permitted Tier 2 Small Facility becomes a Tier 2

Large Facility by increasing production to greater than 10,000 cubic

yards of compost per year.

(2) The permittee shall submit with the revised NOI an updated

CFOP required by Regulation .09B(1) of this chapter incorporating

any proposed operational changes to be made in association with one

of the events listed in §J(1) of this regulation.

(3) Upon submission of a revised NOI under §J(1) of this

regulation, the permittee shall comply with all requirements of this

chapter and of the general Composting Facility Permit applicable to

the new facility tier.

K. Contested Case Hearing.

(1) An applicant shall have the opportunity for a hearing on a

denial of authorization to operate under the general Composting

Facility Permit, if the applicant files a written request with the

Department within 10 calendar days of receipt of a notice of denial.





.12 Record Keeping and Reporting.

A. This regulation applies to composting facilities required to

obtain a Composting Facility Permit.

B. Measurement for Record Keeping and Reporting.

(1) For the purpose of the facility records required in §C of this

regulation, quantities may be measured in either volume or weight.

(2) For the purpose of the annual report required in §D of this

regulation, quantities shall be reported by:

(a) Weight, for Tier 1 Facilities; and

(b) Both weight and volume, for Tier 2 Facilities.

(3) For the purpose of the annual report required in §D of this

regulation, a facility may calculate approximate weight using a

method for converting volume to weight that is described in its

annual report and is reasonably accurate, as determined by the

Department.

C. A composting facility shall keep records for a minimum of 5

years from the date of each record, in a form suitable for submission

to or inspection by the Department, including:

(1) Source, type, and quantity of feedstocks received, including

the county in which each quantity was generated;

(2) Quantity and type of feedstocks processed into compost;

(3) Quantity and classification of compost produced using the

product classifications specified by the Department of Agriculture in

COMAR 15.18.04.05;

(4) Quantity and classification of compost distributed;

(5) Quantity of residues produced and removed from the

facility;

(6) The results of any analytical testing required by the

Department of Agriculture under COMAR 15.18.04.04—.05 and .11;

(7) Results of temperature monitoring that demonstrate

compliance with the pathogen reduction requirements in Regulation

.09B(10) of this chapter; and

(8) Results of oxygen and moisture monitoring conducted in

accordance with the Composting Facility Operations Plan required

by Regulation .09B(1) of this chapter.

D. Annual Report.

(1) A composting facility shall submit an annual report on a

form provided by the Department.

(2) The facility shall submit the annual report by January 31 of

each year for the preceding calendar year’s data.

(3) The facility shall submit all required data on the form

provided by the Department, and shall include, at a minimum, the

following:

(a) Quantity and type of feedstocks received during the

preceding calendar year, indicating the county in which each

quantity of material was generated;

(b) Quantities of compost and residues produced by

composting during the preceding calendar year; and

(c) Quantities of compost and residues removed from the

facility during the preceding calendar year.

E. Annual Submission of the CFOP. A composting facility shall

submit to the Department a current version of the CFOP, updated in


58


accordance with Regulation .09B(1)(b) of this chapter, by January 31

of each year with the annual report required in §D of this regulation.

F. The Department may impose other record keeping and

reporting requirements considered necessary.

.13 Closure.

A. Except for a facility exempted under Regulation .05B of this

chapter, a composting facility shall submit to the Department a

notice of final closure within 270 days after receipt of the final load

of feedstocks.

B. Notice of final closure required under §A of this regulation

shall include:

(1) The date of final feedstock receipt; and

(2) A site closure plan that provides for:

(a) Management of all feedstock and active, curing, and

finished compost and compost-blended products remaining on site;

(b) Treatment or removal of contact water stored in

containment structures or ponds;

(c) Removal of compost within 12 months from the time it is

finished; and

(d) Removal of all other materials on site, including any

solid wastes or feedstocks that are not being composted, within 12

months of receipt of the final load of feedstocks, unless the material is

being used as part of site closure as described in the site closure

plan.

C. A facility, other than one operated on a seasonal basis only, as

specified in the CFOP, that does not receive material for 270 days

shall be deemed abandoned in violation of this regulation unless

properly closed, and its permit shall be suspended.

.14 Variances.

A. A person proposing to construct or currently operating a

composting facility may make written application to the Department

for a variance from one or more of the provisions in this chapter.

B. The Department shall grant a variance when the design or

method of operation proposed in the variance application shows, to

the satisfaction of the Department, that the facility operations will

conserve and protect the public health, natural resources, and

environment of the State, prevent nuisances, and control air, water,

and land pollution to at least the same extent as would be obtained by

compliance with these regulations.

C. A person requesting a variance shall submit the information

required by the Department, including:

(1) The nature and location of the composting facility;

(2) The reasons the variance is requested, including the

economic, technological, or environmental justification; and

(3) Other relevant information the Department may require in

order to make a determination regarding the requested variance.

D. The Department shall make a determination, in writing, to

either grant or deny the requested variance. If the variance request is

denied, the Department shall inform the applicant in writing of the

basis for the denial and the procedures for appeal of the

determination.

E. Contested Case Hearing.

(1) An applicant shall have the opportunity for a hearing on a

denial of a variance, if the applicant for the variance files a written

request with the Department within 10 calendar days of receipt of the

notice of denial.





F. The variance shall become effective when:

(1) The Department has issued a written determination

granting the requested variance;

(2) The facility for which the variance is requested has been

issued an individual Composting Facility Permit; and

(3) The facility for which the variance is requested has

obtained any other permits or approvals required by State, local, or

federal law.

G. A person operating under or proposing to operate under the

general Composting Facility Permit of Regulation .11 of this chapter

may not obtain a variance.

H. The Department may rescind a variance if it finds that the

facility has violated any of the general restrictions listed in

Regulation .04A of this chapter as a result of operating according to

the variance or for other good cause.

.15 Pilot and Research Projects.

A. A person may apply for approval to conduct a pilot or research

project at a composting facility permitted under this chapter if the

project would require the facility to temporarily deviate from one or

more provisions of this chapter, the general or individual

Composting Facility Permit, or the Composting Facility Operations

Plan submitted with the NOI or permit application.

B. Activities Eligible for Approval. To be eligible for pilot or

research approval the project must be temporary and serve a pilot or

research purpose, including to:

(1) Plan for or assess the feasibility of establishing a Tier 2

Facility by accepting limited quantities of Type 2 feedstocks at a

permitted Tier 1 Facility;

(2) Perform academic research or conduct testing related to

composting;

(3) Address a one-time, seasonal, or temporary need for

processing a specific material that the facility is not currently

authorized to accept; or

(4) Further any other valid pilot or research purpose, as

determined by the Department.

C. Request for Approval.

(1) A request for approval for a pilot or research project may

be made at the time of application for the Composting Facility Permit

or at any time during the term of the permit.

(2) A person requesting pilot or research project approval shall

submit the information required by the Department, including:

(a) A description of the activity to be conducted, including

the types and quantities of feedstocks to be used;

(b) A statement identifying the provisions of this chapter, the

Composting Facility Permit, or the CFOP from which the activity

would require deviation;

(c) The purpose of the proposed pilot or research project;

and

(d) The proposed length of time needed to conduct the

activity.

D. The Department shall make a determination, in writing, to

either grant or deny the requested approval. If the request is denied,

the Department shall inform the applicant in writing of the basis for

the denial and the procedures for appeal of the determination.

E. The Department may issue approval with conditions, including,

but not limited, to additional monitoring, record keeping, and

reporting requirements.

F. Contested Case Hearing.

(1) An applicant shall have an opportunity for a hearing on a

denial of approval or any condition of approval, if the applicant files

a written request with the Department within 10 calendar days of

receipt of the notice of denial or approval with conditions.






59


G. Duration of Approval.

(1) Approval for pilot or research activities shall be limited in

duration, as specified in the approval issued by the Department, with

a maximum duration of 1 year.

(2) The permittee may apply for extension of an approval for

subsequent periods with a maximum duration of 1 year each.

(3) The approval shall become effective when:

(a) The Department has issued a written determination

granting the request for approval;

(b) The facility for which the approval is requested has been

issued a Composting Facility Permit or is covered under the general

Composting Facility Permit; and

(c) The facility for which the approval is requested has

obtained any other permits or approvals required by State, local, or

federal law.

H. Effect of Approval.

(1) The approval operates as a temporary variance from only

those provisions of this chapter, the general or individual

Composting Facility Permit, or the CFOP that are specified in the

approval. The temporary variance does not affect the application of

other local, State and federal laws.

(2) The approval does not otherwise change the effect or term

of the Composting Facility Permit.

I. The Department may rescind the approval if it finds that the

facility has violated any of the general restrictions listed in

Regulation .04A of this chapter or for other good cause.

.16 Enforcement.

A. Suspension or Revocation of Permits.

(1) After written notification and an opportunity to request a

hearing by the Department, the Department may suspend, revoke, or

modify a Composting Facility Permit or authorization to operate under

the general Composting Facility Permit if the Department finds that:

(a) False or inaccurate information was contained in:

(i) The Composting Facility Permit application or NOI to

operate under the general Composting Facility Permit;

(ii) The information and forms, including the CFOP,

required as part of the Composting Facility Permit application or

NOI to operate under the general Composting Facility Permit; or

(iii) Information required to be submitted to the

Department under this chapter or the Composting Facility Permit;

(b) As part of a regulated activity by a permittee, there is or

has been a violation of:

(i) The Environment Article, Annotated Code of Maryland;

(ii) Applicable requirements of this chapter;

(iii) Any conditions of the Composting Facility Permit;

(iv) Any violation of a State or NPDES discharge permit

issued under COMAR 26.08.02.09 or COMAR 26.08.04; or

(v) Any violation of an air quality permit issued under

COMAR 26.11.02.

(c) Substantial deviation from approved plans,

specifications, or requirements, including the CFOP, has occurred,

as determined by the Department;

(d) The Department or an authorized representative of the

Department has been refused entry to the premises for the purpose of

inspecting or sampling to ensure compliance with the terms and

conditions of the Composting Facility Permit;

(e) Conditions exist which are causing or may cause an

undue risk to the environment or public health, safety, or welfare as

may be determined by the Department;

(f) The permittee has been negligent or incompetent in

operating the composting facility; or

(g) Any other good cause exists for suspending, revoking, or

modifying the Composting Facility permit or authorization under the

general Composting Facility Permit.

(2) Immediate Suspension or Revocation.

(a) Notwithstanding other provisions of this chapter or the

terms and conditions of the Composting Facility Permit, the

Department may immediately suspend or revoke a Composting

Facility Permit or authorization to operate under the general

Composting Facility Permit if the Department determines there is an

immediate and substantial threat to the environment, public health,

safety, or welfare.

(b) The Department shall deliver written notice of an

immediate suspension or revocation of a Composting Facility Permit

or authorization to operate under the general Composting Facility

Permit to the permittee, which:

(i) Informs the permittee of the emergency suspension or

revocation;

(ii) Cites the regulations with which the permittee has

failed to comply that are the basis for suspension or revocation;

(iii) Specifies the corrective action to be taken by the

permittee and the time period within which the action shall be taken; and

(iv) Notifies the permittee of the right to request a hearing.

(c) The filing of a hearing request does not stay the

revocation or suspension.

(3) An opportunity shall be provided for a hearing if the

permittee files a written request with the Department within 10

calendar days of receipt of the notice of suspension, revocation, or

modification.





(5) Actions taken in accordance with this regulation do not

preclude the Department from taking other administrative, civil, or

criminal action for violations of State law, regulations, or terms and

conditions of the Composting Facility Permit.

(6) Reinstatement of Suspended Permits or Authorization to

Operate Under the General Permit. A person whose Composting

Facility Permit or authorization to operate under the general

Composting Facility Permit has been temporarily suspended may

make application at any time for a reinspection for the purpose of

reinstatement of the permit or authorization to operate under the

general permit. Following receipt of a written request, including a

statement signed by the permittee that the deficiencies which caused

suspension have been corrected, the Department may make a

reinspection. If the permittee is complying with the requirements of

the permit and these regulations, the Department may reinstate the

permit or authorization to operate under the general permit.

B. Inspections.

(1) General. The Department may inspect the composting

facilities permitted under this chapter, and may make as many

additional inspections and reinspections as are necessary for the

enforcement of these regulations.

(2) Right of Entry. A composting facility shall allow an agent of

the Department, after presenting proper identification and during

normal operating hours of the facility, to enter the buildings,

structures, and premises owned by a person supplying composting

services, and to enter private property for the purpose of collecting

samples, records, and information, and taking photographs to

ascertain whether the regulations, orders, and permits of the

Secretary of the Environment are being obeyed.

ROBERT M. SUMMERS, Ph.D.

Secretary of the Environment


60


Title 27

CRITICAL AREA

COMMISSION FOR THE

CHESAPEAKE AND

ATLANTIC COASTAL BAYS

Subtitle 01 CRITERIA FOR LOCAL

CRITICAL AREA PROGRAM

DEVELOPMENT

27.01.02 Development in the Critical Area

Authority: Natural Resources Article, §8-1806, Annotated Code of Maryland


[14-020-P]

The Critical Area Commission for the Chesapeake and Atlantic

Coastal Bays proposes to recodify existing Regulation .01 to be

Regulation .01-1, adopt new Regulations .01, .06, .06-3, and .06-4,

amend and recodify existing Regulations .05-1 and .05-2 to be

Regulations .06-1 and .06-2, and repeal existing Regulation .06 under

COMAR 27.01.02 Development in the Critical Area. This action

was considered by the Critical Area Commission for the Chesapeake

and Atlantic Coastal Bays at an open meeting held on December 4,

2013, pursuant to State Government Article, §10-506 (c), Annotated

Code of Maryland.


The purpose of this action is to amend and recodify certain

provisions of COMAR 27.01.02 so as to create thematically

organized regulations concerning growth allocation. The Commission

also proposes a new regulation defining a term applicable to this

chapter, regulations which reiterate and consolidate existing statutory

and regulatory provisions relating to growth allocation, and a

regulation that captures the Commission’s existing growth allocation

policies.







businesses.




Comments may be sent to Amber Widmayer, Natural Resources

Planner, Critical Area Commission for the Chesapeake and Atlantic

Coastal Bays, 1804 West Street, Suite 100, Annapolis, MD 21401, or

call 410-260-3481, or email to [email protected], or fax to

410-974-5338. Comments will be accepted through February 10,

2014. A public hearing has not been scheduled.

.01 Definition.

In this chapter, “300-foot setback” means an area that is at least

300 feet in width, as measured from the landward boundary of tidal

waters or wetlands, that is provided on a growth allocation site in

order to provide habitat and stormwater benefits to supplement

benefits required in accordance with COMAR 27.01.09.

.06 Growth Allocation–Minimum Local Program Requirements

A. A local jurisdiction shall calculate its growth allocation based

on 5 percent of the total resource conservation area in its critical

area at the time of original approval of the local jurisdiction’s

program by the Commission, excluding:

(1) Tidal wetlands; and

(2) Land owned by the federal government.

B. A county shall coordinate future expansions of intensely

developed areas and limited development areas in coordination with

affected municipalities.

C. A local jurisdiction shall require an application for new

intensely developed or limited development areas to be:

(1) In conformance with the requirements of this subtitle; and

(2) Designated on the locally approved Critical Area map that

is submitted by the local jurisdiction as part of its application to the

Commission for growth allocation approval.

D. If a local jurisdiction has within its territorial limits an area

that is subject to the Chesapeake Bay Critical Area program and an

area that is subject to the Atlantic Coastal Bays Critical Area

program, the growth allocation for that jurisdiction may be utilized

within either critical area in accordance with Natural Resources

Article, §8-1808.1(d), Annotated Code of Maryland.

E. As part of an approved growth allocation by the Commission,

the local jurisdiction shall enforce:

(1) A buffer management plan; (2) A habitat protection plan; and

(3) Other applicable conditions of approval as determined by

the Commission at the time of project approval.

[.05-1] .06-1 Growth Allocation Submittal Requirements.

A. The Commission may not accept for processing a growth

allocation request unless all of the following are provided at the time

of submittal:

(1) All information and documentation relevant to the local

jurisdiction’s determination that the project meets the standards listed

under Natural Resources Article, [§8-1808.1(c)(1)] §8-1808.1(c)(2),

Annotated Code of Maryland, and Regulation .06-3 of this chapter;

(2) All information and documentation that addresses the

factors to be considered by the Commission under Natural Resources

Article, [§ 8-1808.1(c)(3)] §8-1808.1(c)(4), Annotated Code of

Maryland, and Regulation .06-3 of this chapter;


(5) [An] In accordance with Regulation .06-2 of this chapter,

an environmental report that demonstrates that the project has been

designed and will be constructed in compliance with all requirements

of the proposed Critical Area land classification;

(6) For the following resources, as appropriate for the project

site and each government agency, a preliminary review and comment

from the Department of the Environment, Department of Natural

Resources, Maryland Historical Trust, and U.S. Army Corps of

Engineers regarding:


(c) Anadromous fish and their propagation waters and [any]

other aquatic species located [onsite] on-site;

(d)—(g) (text unchanged)

(7) A map that shows the land area [for which] where the local

jurisdiction proposes a change [of] to a Critical Area land

classification; and


B. The conceptual site development plan and environmental

features map required under §A(3) and (4) of this regulation shall

each include:



61


(9) [Any] A proposed development envelope;


(16) A delineation of the [minimum] 100-foot buffer as

measured from the mean high water line of tidal waters or the

landward [edge] boundary of a tidal wetland or a tributary stream;

(17) As applicable and in accordance with the requirements of

[COMAR 27.01.09.01] COMAR 27.01.09.01E or the local program, a

delineation of [any] an expanded buffer that is necessary because of a

contiguous slope of 15 percent or greater or the presence of a hydric

soil, highly erodible soil, or a nontidal wetland;

(18) When converting from a resource conservation area to a

limited development area or an intensely developed area, the location

and extent of the 300-foot [minimum] setback;

(19) Unless the Commission determines an otherwise

acceptable period of time, a field-delineated location and description

of the extent of a nontidal wetland[,] that is less than 2 years old,

including the 25-foot buffer from that nontidal wetland;

(20) Unless the Commission determines an otherwise

acceptable period of time, a field-delineated location and description

of the extent of a tidal wetland[,] that is less than 2 years old,

including the delineation of State and private tidal wetland

boundaries;


[.05-2] .06-2 Environmental Report.

A. The environmental report required under Regulation [.05-

1A(5)] .06-1A(5) of this chapter shall include:


(2) The subdivision and development history [since]:

(a) Between December 1, 1985 and the date of growth

allocation application in the Chesapeake Bay Critical Area; and

(b) [since] Between June 1, 2002 and the date of growth

allocation application in the Atlantic Coastal Bays Critical Area;


(9) In the limited development area and resource conservation

area, existing and proposed lot coverage information, calculated by

square feet of coverage for each lot and total area of lot coverage

within the limited development area and [the] total area of lot

coverage within the resource conservation area;

(10) Mitigation required for clearing of forest area, developed

woodland, or vegetation in accordance with the requirements of

Regulations .04C and .05C(9) of this chapter, COMAR 27.01.05, or

the local program;


B. If §A(13) of this regulation is applicable, the local jurisdiction

shall require the developer to prepare a buffer management plan [that

provides:

(1) The location and number of square feet of existing

vegetation within the buffer;

(2) A general description of the species composition;

(3) The location and number of square feet of vegetation in the

buffer that are proposed for removal;

(4) The location and number of square feet of disturbance

proposed in the buffer that are associated with a development

activity;

(5) A proposed plan that identifies the plantings necessary to

establish the buffer or to mitigate for proposed impacts, including the

size, species, and location of all proposed plantings;

(6) Any written description, specification, easement, or other

protective agreement necessary to ensure implementation of the

buffer management plan; and

(7) Bonding or any other financial surety necessary to ensure

long-term protection and maintenance of vegetation in the buffer] in

accordance with COMAR 27.01.09.01-3.

C. If §A(14) of this regulation is applicable, a local jurisdiction

shall:

(1) Require the developer to prepare a habitat protection plan

that:


(c) Includes [all] protective measures necessary and

appropriate to provide for long-term conservation of the identified

habitat and species; and

(2) Ensure:


(b) The execution of [all] necessary long-term protective

agreements.

.06-3 Requirements for New Intensely Developed Areas and

Limited Development Areas.

A. Definition. In §§E, F, and G(1) of this regulation, “consistency

with” or “consistent with” a jurisdiction’s adopted comprehensive

plan means that a standard or factor will further, and not be contrary

to:

(1) For a growth allocation application that is to be located in

a priority funding Area, in accordance with State Finance and

Procurement Article, §§5-7B-02 and 5-7B-03, Annotated Code of

Maryland, the following items in the plan:

(a) Policies;

(b) Timing of the implementation of the plan;

(c) Timing of development;

(d) Timing of rezoning; and

(e) Development patterns; or

(2) For a growth allocation application that is not to be located

in a priority funding area, the following items in the plan:

(a) All of the items under §A(1) of this regulation;

(b) Land uses; and

(c) Densities or intensities.

B. Except as authorized under Regulation .03B(2) of this chapter,

a new intensely developed area shall be at least 20 acres.

C. Except as provided in §D of this regulation, a local jurisdiction

may not use more than 1/2 of its total allotted growth allocation

acreage to convert a resource conservation area into a new limited

development area or a new intensely developed area.

D. In Calvert, Caroline, Cecil, Charles, Dorchester, Kent, Queen

Anne’s, St. Mary’s, Somerset, Talbot, Wicomico, and Worcester

Counties, if the county is unable to utilize a portion of its growth

allocation in accordance with §C of this regulation then these

counties may use a standard that varies from §C of this regulation if:

(1) The alternative standard is consistent with the county’s

adopted comprehensive plan;

(2) The Commission has approved the alternative standard as

part of the county’s program; and

(3) The county requires an applicant for growth allocation to

cluster development in the growth allocation area.

E. A local jurisdiction shall use the following standards when

locating new intensely developed areas or limited development areas:

(1) Locate a new intensely developed area in a limited

development area or adjacent to an existing intensely developed

area;

(2) Locate a new limited development area adjacent to an

existing limited development area or an intensely developed area;

(3) Locate in a manner that:

(a) Minimizes impacts to a habitat protection area as

defined in COMAR 27.01.01.01;

(b) Optimizes benefits to water quality; and

(c) Minimizes impacts to the defined land uses of the

resource conservation area;

(4) Locate a new intensely developed area or limited

development area in a resource conservation area at least 300 feet


62


beyond the landward boundary of tidal wetlands or tidal waters,

unless the local jurisdiction proposes, and the Commission approves,

alternative measures for enhancement of water quality and habitat

that provide greater benefits to the resources; and

(5) For a growth allocation application for a residential

subdivision, comply with the requirements and procedures under

Environment Article, §9-206, Annotated Code of Maryland, and Land

Use Article, Title 1, Subtitle 5, and §5-104, Annotated Code of

Maryland.

F. A local jurisdiction may use a standard that varies from §E(1)

and (2) of this regulation if:

(1) The alternative standard is consistent with the local

jurisdiction’s adopted comprehensive plan; and

(2) The Commission has approved the alternative standard as

part of the local program.

G. When reviewing a map amendment or refinement involving the

use of growth allocation, the Commission shall consider the

following factors:

(1) Consistency with the jurisdiction’s adopted comprehensive

plan and whether the growth allocation would implement the goals

and objectives of the adopted plan;

(2) For a new intensely developed area, whether the

development will:

(a) Be served by a public wastewater system;

(b) Have an allowed average density of at least 3.5 units per

acre, as calculated under State Finance and Procurement Article, §5-

7B-03(h), Annotated Code of Maryland;

(c) For a new intensely developed area that is greater than

20 acres, be located in a priority funding area; and

(d) Have a demonstrable economic benefit to the area;

(3) For a new limited development area, whether the

development will:

(a) Be served by a public wastewater system or septic system

that uses the best available nitrogen removal technology; (b) Complete an existing subdivision;

(c) Expand an existing business; or

(d) Be clustered;

(4) The use of existing public infrastructure, where practical;

(5) Consistency with State and regional environmental

protection policies concerning the protection of threatened and

endangered species and species in need of conservation that may be

located on-site or off-site;

(6) Impacts on a priority preservation area, as defined under

Agriculture Article, §2-518, Annotated Code of Maryland;

(7) Environmental impacts associated with wastewater and

stormwater management practices and wastewater and stormwater

discharges to tidal waters, tidal wetlands, and tributary streams; and

(8) Environmental impacts associated with location in a

coastal hazard area or an increased risk of severe flooding

attributable to the proposed development.

H. The Commission shall ensure that the provisions of this

regulation have been applied in a manner that is consistent with the

purposes, policies, goals, and provisions of this subtitle, and all

criteria of the Commission.

.06-4 Deduction of Growth Allocation Acreage.

A. Definitions.

(1) In this regulation, the following terms have the meanings

indicated.

(2) Defined Terms.

(a)”Deduction” means the total number of growth

allocation acres that are necessary for approval of a growth

allocation project and, after approval by the Commission, are

subtracted from the growth allocation reserves of the local

jurisdiction in which the project is located.

(b) “Growth allocation envelope” means all of the proposed

components of a growth allocation project that are necessary to serve

the proposed development, including an individually owned lot, lot

coverage, a road, a utility, a stormwater management measure, an

on-site sewage disposal measure, an active recreation area, and

additional acreage needed to meet the development requirements of

the Critical Area criteria.

B. A local jurisdiction shall deduct acreage from its growth

allocation reserves:

(1) For the total number of acres of a parcel for which growth

allocation is approved if, as of December 1, 1985 in the Chesapeake

Bay Critical Area or June 1, 2002 in the Atlantic Coastal Bays

Critical Area:

(a) The parcel was less than 20 acres; or

(b) The parcel was at least 20 acres but the growth

allocation application does not qualify for use of a growth allocation

envelope under §B(2) of this regulation; or

(2) For the number of growth allocation acres approved within

a growth allocation envelope, if:

(a) Areas that support the proposed development are

included within the growth allocation envelope; and

(b) When converting:

(i) A resource conservation area to a new limited

development area or a new intensely developed area, the remaining

resource conservation area on the parcel outside the growth

allocation envelope is at least 20 acres; or

(ii) A limited development area to a new intensely

developed area, the new intensely developed area is at least 20 acres

unless a lesser amount is approved in accordance with Regulation

.03B(2) of this chapter.

C. Applicability. The provisions of §§D and E of this regulation

are applicable to a growth allocation application to convert a

resource conservation area to a new limited development area or a

new intensely developed area when the application uses a growth

allocation envelope under §B(2) of this regulation.

D. A local jurisdiction shall make a determination under §E of this

regulation in accordance with the parcel’s resource conservation

area acreage as it existed:

(1) In the Chesapeake Bay Critical Area, on December 1,

1985; or

(2) In the Atlantic Coastal Bays Critical Area, on June 1, 2002.

E. A local jurisdiction may not approve the application unless the

local jurisdiction, by use of the subdivision and development history

required under Regulation .06-2A(2) of this chapter, determines that,

given the existing dwelling units and the development potential on the

parcel outside the proposed growth allocation envelope, there

remains sufficient resource conservation area acreage outside the

envelope to support a minimum density of one dwelling per 20 acres,

as required under Regulation .05C(4) of this chapter.

F. A local jurisdiction may exclude the following from a growth

allocation deduction:

(1) The remaining resource conservation area outside a growth

allocation envelope in accordance with §B(2)(b)(i) of this regulation;

(2) The remaining resource conservation area that is outside a

growth allocation envelope and is less than 20 acres if:

(a) The remaining resource conservation area on the growth

allocation parcel is adjacent and contiguous to a permanently

protected resource conservation area on another parcel; and

(b) The sum of the total acreage of the remaining resource

conservation area on the growth allocation parcel and the acreage of

the permanently protected resource conservation area on another

parcel is at least 20 acres;

(3) The acreage of a 300-foot setback, even when it is less than

20 acres;


63


(4) The acreage within the buffer required in COMAR

27.01.09.01 when it is within a 300-foot setback; and

(5) The acreage of tidal wetlands on the parcel.

G. A local jurisdiction shall authorize a maximum of one growth

allocation envelope per parcel unless:

(1) Deduction of more than one growth allocation envelope will

provide a water quality or habitat benefit; and

(2) The Commission approves the use of more than one growth

allocation envelope.

H. A local jurisdiction shall require deduction of the number of

growth allocation acres that are shown on the locally approved map.

I. When a 300-foot setback is not provided, a local jurisdiction

shall require deduction for the area of the buffer required under

COMAR 27.01.09.01.

MARGARET G. McHALE

Chair

Critical Area Commission for the

Chesapeake and Atlantic Coastal Bays

Title 31

MARYLAND INSURANCE

ADMINISTRATION

Subtitle 10 HEALTH INSURANCE —

GENERAL


[13-221-R]

The Insurance Commissioner proposes to:

(1) Amend Regulation .10 under COMAR 31.10.11 Uniform

Claims Forms; and

(2) Adopt new Regulations .01—.04 under a new chapter,

COMAR 31.10.39 Utilization Review of Treatment for Autism and Autism Spectrum Disorders.

Because substantive changes have been made to the original

proposal as published in 40:16 Md. R. 1391—1393 (August 9, 2013),

the action is being reproposed at this time.


The purpose of this action is to clarify the exception found in

COMAR 31.10.11.10 for additional information that may be required

by a carrier in addition to the uniform claim form. The purpose of this

action regarding COMAR 31.10.39 is to conform the definition of

habilitative services to the definition found in Insurance Article, § 15-

835, Annotated Code of Maryland; to clarify that for the purposes of

these regulations, psychological care includes psychotherapy; to

clarify that psychologists who provide psychological care as

described in these regulations are required to be licensed in the state

in which the services are provided; to clarify that the utilization

review criteria of a carrier are used to determine the medical

necessity or appropriateness of care; to clarify that each carrier’s

utilization review criteria for the treatment of autism and autism

spectrum disorders are required to include criteria for behavioral

health treatment, psychological care, and therapeutic care; and to

correct cross references.




I. Summary of Economic Impact. The proposed action has an

economic impact because new criteria that are established for the

medically necessary and appropriate use of habilitative services to

treat autism and autism spectrum disorders may result in coverage of

certain services that may have been denied as experimental or

investigational services in the past.

Revenue (R+/R-)


Impact. Expenditure (E+/E-) Magnitude

A. On issuing agency: NONE

B. On other State agencies: (E+) 5.7 million

C. On local governments: (E+) Unknown

Benefit (+)

Cost (-) Magnitude

D. On regulated industries

or trade groups: (-) Unknown


trade groups: NONE


on public: (+) Unknown


Section II.)

A. There is no economic impact on the issuing agency because the

new regulations do not require any additional action by the issuing

agency.

B. This action may have an impact on the Department of Budget

and Management as the new criteria for the treatment of autism and

autism spectrum disorders may impact the costs of health benefits

provided to State employees. The Department of Budget and

Management has notified the Maryland Insurance Administration that

its actuary has estimated the fiscal impact of proposed COMAR

31.10.39 on the State Employee and Retiree Health and Welfare

Benefits Program to be an annual cost expectation of $5.7 million for

the State’s Health Plan.

C. This action may have an impact on local governments to the

extent that the new criteria for the treatment of autism and autism

spectrum disorders may impact the costs of health benefits provided

to employees of local governments.

D. This action may have an impact on insurers, nonprofit health

service plans and health maintenance organizations to the extent that

any additional costs of the services identified in the new criteria will

be borne by these carriers, who may pass those costs on to their

policyholders.

F. The public may benefit from the adoption of these regulations

insofar as services that may have been previously denied as experimental

or investigational may now be covered for those children with autism or

autism spectrum disorders who need these services.



businesses.


The proposed action has an impact on individuals with disabilities

as follows:

Children who are diagnosed with autism or autism spectrum

disorders may be eligible for certain treatments that in the past were

considered by carriers to be experimental or investigational.


64



Comments may be sent to Katrina Lawhorn, Regulations

Coordinator, Maryland Insurance Administration, 200 St. Paul Place,

Suite 2700, Baltimore, Maryland 21202, or call 410-468-2450, or

email to [email protected], or fax to 410-468-2020.

Comments will be accepted through February 10, 2013. A public

hearing has not been scheduled.

Ed. Note: Pursuant to State Government Article, §10-113,

Annotated Code of Maryland, if a promulgating agency substantively

alters the text of regulations that have been previously proposed in

the Maryland Register, the altered text must be published in the

Maryland Register as though it were initially proposed. The text of

regulations appearing immediately below has been altered

substantively from the initially proposed text.

Symbols: Roman type indicates existing text of regulations. Italic

type indicates initially proposed new text. Helvetica Bold Italic type indicates new text that substantively alters the text as initially

proposed. [Single brackets] indicate existing text proposed for repeal.

[[[Triple brackets]]] indicate text proposed for deletion which

substantively alters the originally proposed text.

31.10.11 Uniform Claims Forms

Authority: Insurance Article, §§2-109, 15-701, 15-704, 15-706, 15-711, 15-

712, and 15-1003—15-1005; Health-General Article, §§19-712.1 and 19-

712.3; Health Occupations Article, §1-207; Annotated Code of Maryland

.10 Attachments to Uniform Claims Forms.

A. A third-party payor may require a health care practitioner,

hospital, or person entitled to reimbursement to include any of the

following attachments to a HCFA Form UB-92 or HCFA Form 1500,

respectively, for a claim to qualify as a clean claim:

(1) — (14) (originally proposed text unchanged)

(15) A [[[prescription]]] treatment plan from a child’s

[[[primary care provider or specialty physician]]] health care practitioner that includes one or more specific treatment goals, if

the claim is for habilitative services for a child diagnosed with autism

or autism spectrum disorder.

B. — C. (originally proposed text unchanged)

31.10.39 Utilization Review of Treatment for

Autism and Autism Spectrum Disorders

Authority: Insurance Article, §§2-109(a)(1) and 15-835, Annotated Code of

Maryland; Ch. 294, §2, Acts of 2012

.01 (originally proposed text unchanged)

.02 Definitions.

A. (originally proposed text unchanged)

B. Terms Defined.


(6) “Habilitative services” [[[means evidence-based services to

enhance a child’s ability to function, including behavioral health

treatment, psychological care, and therapeutic care]]] has the meaning stated in Insurance Article, §15-835, Annotated Code of Maryland.


(12) Psychological Care. (a) “Psychological care” means direct or consultative

services provided by a psychologist licensed in the state in which the services are provided or by a social worker licensed

in the state in which in which the services are provided.

(b) “Psychological care” includes psychotherapy. (13) — (14) (originally proposed text unchanged)

.03 Utilization Review Criteria for Treatment of Autism and Autism

Spectrum Disorders.

A. The utilization review criteria of a carrier or private review

agent acting on behalf of a carrier to determine medical necessity or appropriateness may not be more restrictive for

habilitative services for the treatment of autism and autism spectrum

disorders than the criteria listed in this regulation.

B. The carrier’s criteria for habilitative services shall include criteria for behavioral health treatment, psychological care, and therapeutic care.

[[[B.]]] C. (originally proposed text unchanged)

[[[C.]]] D. A carrier or private review agent acting on behalf of a

carrier may not deny coverage based solely on the number of hours

of habilitative services prescribed, for:


(3) Notwithstanding [[[§C(1)]]] §D(1) and (2) of this

regulation, a carrier may authorize additional hours of habilitative

services that are medically necessary and appropriate for the

treatment of autism or autism spectrum disorders.

[[[D.]]] E. (originally proposed text unchanged)

[[[E.]]] F. Location of services.

(1) (originally proposed text unchanged)

(2) Nothing in [[[§E(1)]]] §F(1) of this regulation shall be

construed to require a carrier to provide services to a child under an

individualized education program or any obligation imposed on a

public school by the Individuals With Disabilities Education Act, 20

U.S.C. 1400 et seq., as amended from time to time.

[[[F.]]] G. (originally proposed text unchanged)

.04 (originally proposed text unchanged)

THERESE M. GOLDSMITH

Insurance Commissioner

Title 36

MARYLAND STATE

LOTTERY AND GAMING

CONTROL AGENCY Notice of Proposed Action

[14-006-P]

The Maryland Lottery and Gaming Control Agency proposes to:

(1) Amend Regulation .01 under COMAR 36.02.05 Specific

Game Provisions;

(2) Amend Regulation .02 under COMAR 36.05.01 General;

and

(3) Amend Regulation .01 and adopt new Regulations .20 and

.21 under COMAR 36.05.02 Table Game Equipment.

This action was considered at the Maryland State Lottery and

Gaming Control Commission open meeting held on September 19,

2013, notice of which was given pursuant to State Government

Article, §10-506(c), Annotated Code of Maryland.


The purpose of this action is to update the regulations of the State

Lottery and Gaming Control Agency to incorporate provisions that

better define and refine the requirements for VLT and Table Games

operations and better conform to the Agency’s functions for

expanded gambling.




65






businesses.




Comments may be sent to James B. Butler, Director, Legislative

and Policy Affairs, Maryland Lottery and Gaming Control Agency,

1800 Washington Blvd., Suite 330, Baltimore, MD 21230, or call

(410) 230-8781, or email to [email protected], or fax to (410)

230-8727. Comments will be accepted through February 10, 2014. A

public hearing has not been scheduled.

Subtitle 02 LOTTERY PROVISIONS

36.02.05 Specific Game Provisions

Authority: State Government Article, §§ 9-109 -9-111, 9-112, and 9-124, Annotated Code of Maryland

.01 On-Line Games.


D. Consumer Game [Brochures] Information.

(1) The Agency shall [create a consumer game brochure for]

provide information about:

(a) [All on-line] On-line games; and

(b) [Any multi-jurisdictional] Multi-jurisdictional games

with on-line game tickets.

(2) [A consumer game brochure may describe one or more

games.

(3) A] As determined by the Agency, consumer game

[brochure] information shall [include information explaining] explain

the:

(a) [game and] Game;

(b) [game] Game play[,] ; and

(c) [the play] Play of [any] optional features[, as determined

by the Agency].

[(4)] (3) The Agency [shall] may provide consumer game

[brochures to retailers] information on its website or in any other

location, as determined by the Agency.

Subtitle 05 TABLE GAMES

36.05.01 General

Authority: State Government Article, §§ 9-1A-02 and 9-1A-04, Annotated

Code of Maryland

.02 Definitions.

A. (text unchanged)

B. Terms Defined.


(9) Dealer Controlled Electronic Table Game.

(a) “Dealer controlled electronic table game” means a table

game or table game equipment that:

(i) [requires] Requires a live dealer to operate it; [and]

(ii) [utilizes] Utilizes electronics as part of the games

operation to collect and store game outcome, accounting and other

significant event data[.] ; and

(iii) Permits wagering to be conducted electronically at a

table game that is operated by a dealer.

(b) A “dealer controlled electronic table game” may not

randomly determine the game of chance.


36.05.02 Table Game Equipment

Authority: State Government Article, §§ 9-1A-02 and 9-1A-04, Annotated

Code of Maryland

.01 Definitions.

A. (text unchanged)

B. Terms Defined.


(5) “Game account” means the funds that are available to a

player for use at a dealer controlled electronic table game.

[(5)] (6)—[(9)] (10) (text unchanged)

.20 Dealer Controlled Electronic Table Games—Requirements.

A. A facility operator may conduct electronic wagering at a table

game in accordance with this chapter.

(1) Electronic wagering at a table game shall be conducted

through the use of a dealer controlled electronic table game system.

(2) If a dealer controlled electronic table game system is in use

at a table game, a player may make only those wagers that are

approved by the Commission.

B. The computer controlling the dealer controlled electronic table

game system shall be under dual key control, with one key controlled

by the accounting department and the other key controlled by the

table games department or the slot operations department.

C. All aspects of a dealer controlled electronic table game system,

including the computer and any related hardware, software or

related devices, shall be tested by an independent certified testing

laboratory and approved by the Commission prior to use by a facility

operator.

D. In addition to the requirements for table games under COMAR

36.05., a facility operator using a dealer controlled electronic table

game system shall include in its internal controls, at a minimum:

(1) Procedures to ensure the physical security of the computer

and related hardware, software and other devices.

(2) Procedures to ensure the integrity and security of all

sensitive data and software.

(3) Procedures to ensure that access to sensitive data and

software is limited to only appropriate personnel.

(4) Procedures to ensure the logging of the events and the

availability of records to enable an effective audit of the conduct of

the system and the reporting of revenue.

E. A dealer controlled electronic table game shall have the ability

to authenticate the transmission of data between the various

components of the dealer controlled electronic table game system.

F. A dealer controlled electronic table game system shall:

(1) Credit funds to the game account of a player when a player

buys in to a game at a particular table game and debit any remaining

funds from the game account when a player cashes out of the game;

(2) Permit a player to:

(a) Wager from a game account;

(b) Collect a losing wager from a game account; and

(c) Pay a winning wager by crediting the amount of the

winnings and corresponding wager to the game account;

(3) In the game of Poker:

(a) Debit a game account and increment pot for a wager;

(b) Distribute a winning pot by crediting the game account

of a winning player in the appropriate amounts;

(c) Extract the rake from a player or pot according to the

rake procedures established under COMAR 36.05.06 and debit the

game account of a player in the correct amounts; and

(d) Make a player’s balance or table stakes visible to all

players in the game;


66


(4) Depict the transactions described in §F(1), (2) and (3) of

this regulation through one or more electronic fund displays that are

visible to each player and to the dealer or boxperson;

(5) Disclose to a player at all times the current balance in the

player’s game account;

(6) Accurately report and audit the table game’s win or loss, or

Poker revenue, in accordance with COMAR 36.05.06;

(7) Be capable of generating reports setting forth, by gaming

day, for each table game using the dealer controlled electronic table

game system:

(a) The total amount deposited into the game account of a

player;

(b) The total amount deposited into game accounts by all

players;

(c) The total amount credited to the game account of a

player in payment of winnings;

(d) The total amount credited to the game accounts of all

players in payment of winnings;

(e) The total amount collected from a player as losing

wagers;

(f) The total amount collected from all players as losing

wagers;

(g) The total amount withdrawn from game accounts by

each player;

(h) The total amount withdrawn from game accounts by all

players; and

(i) The table game win or loss; and

(j) If applicable, for Poker:

(i) The total amount deducted from the game account of a

player for collection of Poker rake time charges under COMAR

36.05.06;

(ii) The total amount collected from the accounts of each

player for collection of Poker rake time charges under COMAR

36.05.06;

(iii) The total amount collected from Poker pots for

collection of Poker rake under COMAR 36.05.06; and

(iv) The table game Poker revenue.

G. The display of a virtual chip on a dealer controlled electronic

table game that depicts the transactions described in §F(1), (2) and

(3) of this regulation is not required to meet the physical

requirements for chips under COMAR 36.05.02.

H. A dealer controlled electronic table game system shall have no

more than 14 table game positions in operation for every dealer.

I. After installation, Agency staff shall inspect a dealer controlled

electronic table game system prior to use by a facility operator.

.21 Dealer Controlled Electronic Table Game System—Procedures.

A. If a table game using a dealer controlled electronic table game

system is equipped with a bill validator, a player may participate in

wagering at the table game by:

(1) Inserting currency or a gaming voucher into the bill

validator; or

(2) Presenting currency or value chips to the dealer or

boxperson.

B. A dealer controlled electronic table game system that is

equipped with a bill validator shall communicate with the

Commission’s central monitor and control computer system to:

(1) Transmit accounting and auditing information;

(2) Retrieve information in real time; and

(3) Activate or disable a dealer controlled electronic game.

C. If a table game using a dealer controlled electronic table game

system is not equipped with a bill validator, a player shall participate

in wagering by presenting currency or value chips to the dealer or

boxperson.

D. When a player presents currency, a gaming voucher, or value

chips as described in §A or C of this regulation:

(1) The dealer controlled electronic table game system shall:

(a) Credit to the player’s game account an amount of funds

equivalent to the currency, gaming voucher or value chips presented

by the player; and

(b) Display on the electronic fund display the amount of

funds deposited into the player’s game account; and

(2) The player shall acknowledge the amount of funds

deposited into the player’s game account.

E. A player shall cash out of a table game using a dealer

controlled electronic table game system by receiving:

(1) A gaming voucher equal in value to the balance in the

player’s game account; or

(2) Value chips from the dealer or boxperson from the table

inventory container that are equal in value to the balance in the

player’s game account.

F. After a player has cashed out of a table game using a dealer

controlled electronic table game system, the dealer or boxperson

shall zero out the electronic fund display of the player’s game

account.

STEPHEN MARTINO

Director

Maryland State Lottery and Gaming Control Agency

67


Errata

COMAR 10.09.11.02 At 40:21 Md. R. 1807 (October 18, 2013), column 1, line 6 from

the bottom:

For: (i) The Maryland State Medicaid Program;

Read: (a) The Maryland State Medicaid Program;

At 40:21 Md. R. 1807 (October 18, 2013), column 1, line 5 from

the bottom:

For: (ii) The Maryland Children’s Health Insurance Program

Read: (b) The Maryland Children’s Health Insurance Program


the bottom:

For: (iii) An optional state basic health program established

Read: (c) An optional state basic health program established


the top:

For: (iv) A program that makes available to qualified

Read: (d) A program that makes available to qualified


the top:

For: (v) A program that makes available coverage in a

Read: (e) A program that makes available coverage in a

[14-01-19]


the top:

For: G. Assignment of Benefits, Release of Information, and

Read: [G.] F. Assignment of Benefits, Release of Information,

and

[14-01-22]


the bottom:

For: (7) Terminate any treatment contract at any time, for any

or no

Read: (6) Terminate any treatment contract at any time, for any

or no

[14-01-31]

68


General Notices

Notice of ADA Compliance

The State of Maryland is committed to ensuring that individuals with disabilities are able to fully participate in public meetings. Anyone

planning to attend a meeting announced below who wishes to receive auxiliary aids, services, or accommodations is invited to contact the

agency representative at least 48 hours in advance, at the telephone number listed in the notice or through Maryland Relay.

MARYLAND STATE ARTS COUNCIL

Subject: Public Meeting

Date and Time: January 23, 2014, 9:30 —

11:30 a.m.

Place: Maryland State Arts Council

Offices, 175 W. Ostend St., Ste. E,

Baltimore, MD

Contact: Lucas Cowan (410) 767-6544

[14-01-02]

ATHLETIC COMMISSION


Date and Time: January 22, 2014, 2 — 4

p.m.

Place: 3rd Fl. Conf. Rm., Baltimore, MD

Contact: Patrick Pannella (410) 230-6223

[14-01-17]

DEPARTMENT OF

DISABILITIES/COMMISSION ON

DISABILITIES



p.m.

Place: House Office Bldg., 6 Bladen St.,

Rm. 218, Annapolis, MD

Add'l. Info: RSVP to mdod.state.md.us

Contact: Victor Henderson (410) 767-

3635

[14-01-23]

BOARD OF MASTER

ELECTRICIANS


Date and Time: February 25, 2014, 10

a.m. — 12 p.m.

Place: 500 N. Calvert St., Rm. 302,

Baltimore, MD

Contact: Gae Herzberger (401) 230-6163

[14-01-11]

STATE BOARD OF STATIONARY

ENGINEERS



a.m. — 12 p.m.

Place: 500 N. Calvert St., Rm. 302,

Baltimore, MD

Contact: Gae Herzberger (410) 230-6163

[14-01-10]

BOARD OF FORESTERS


Date and Time: January 20, 2014, 10 a.m.

— 12 p.m.

Place: 500 N. Calvert St., 3rd Fl. Conf.

Rm., Baltimore, MD

Contact: Dennis Gring (410) 230-6224

[14-01-14]

DEPARTMENT OF HEALTH AND

MENTAL HYGIENE



p.m.

Place: 201 W. Preston St., Conf. Rm. L1,

Baltimore, MD

Contact: Ashley Fried (410) 767-5121

[14-01-28]

BOARD OF HEATING,

VENTILATION, AIR-

CONDITIONING, AND

REFRIGERATION CONTRACTORS

(HVACR)


Date and Time: February 12, 2014, 10:30

a.m. — 12:30 p.m.


Rm., Baltimore, MD

Contact: John Papavasiliou (410) 230-

6160

[14-01-08]

FACILITIES ADVISORY BOARD —

JUVENILE SERVICES


Date and Time: February 18, 2014, 6 — 8

p.m.

Place: Western Maryland Children's

Center, 18420 Roxbury Rd., Hagerstown,

MD

Add'l. Info: Western Maryland Children's

Center Facility Advisory Board Meeting

Contact: Mark Bishop (301) 745-6071

[14-01-18]

STATE ADVISORY BOARD FOR

JUVENILE SERVICES



p.m.

Place: Annapolis DJS Office, 49 Old

Solomons Island Rd., Ste. 300, Annapolis,

MD

Contact: Tim Gilbert (410) 230-3488

[14-01-24]

MARYLAND LOTTERY AND

GAMING CONTROL COMMISSION



— 12 p.m.

Place: Montgomery Park Business Center,

1800 Washington Blvd., Ste. 330,

Baltimore, MD

Contact: Marie A. Torosino (410) 230-

8790

[14-01-21]

MARYLAND HEALTH CARE

COMMISSION


Date and Time: January 16, 2014, 1 p.m.

Place: Maryland Health Care Commission,

4160 Patterson Ave., Conf. Rm. 100,

Baltimore, MD

Contact: Valerie Wooding (410) 764-3460

[14-01-06]


COMMISSION



p.m.



Baltimore, MD

Add'l. Info: Telemedicine Technology

Solutions and Standards Advisory Group

Meeting

Contact: Christine Karayinopulos (410)

764-3444

[14-01-15]

GENERAL NOTICES

69



COMMISSION



— 12 p.m.



Baltimore, MD

Contact: Christine Karayinopulos (410)

764-3444

[14-01-16]


COMMISSION


Date and Time: February 20, 2014, 1 p.m.



Baltimore, MD

Contact: Valerie Wooding (410) 764-3460

[14-01-07]


COMMISSION

Subject: Notice of Request for Proposed

Project Change to Approved CON

Add'l. Info: On December 13, 2013, the

Maryland Health Care Commission

(MHCC) received notice and a request for

approval of project changes under COMAR

10.24.01.17B from Seasons Hospice

Palliative Care of Maryland, holder of a

certificate of need (CON), Docket No. 11-

03-2318.

The project’s sponsor has requested

approval for:

1. Increase in the cost of the approved

project, and

2. Change in infrastructure and

additional improvement to the approved

project.

Please refer to the Docket No. listed

above in any correspondence on this

request, a copy of which is available for

review by appointment in MHCC offices

during regular business hours. All

correspondence should be addressed to

Kevin Mcdonald, Chief, Certificate of

Need, MHCC, 4160 Patterson Avenue,

Baltimore, Maryland 21215.

Contact: Ruby Potter (410) 764-3276

[14-01-25]

NORTHEAST MARYLAND WASTE

DISPOSAL AUTHORITY

Subject: Public Meetings Notice Procedure

Add'l. Info: The Authority gives notice of

meetings by posting a notice on its website

under the section entitled “Press

Releases/Notices” and at the entrance of its

offices. Notice is hereby given that the

Authority’s website address is nmwda.org;

its offices are located at Tower II, Suite

402, 100 S. Charles Street, Baltimore,

Maryland. Notice is also hereby given that

portions of Authority meetings may be held

in closed session.

Contact: M. Catherine Coble (410) 333-

2730

[14-01-30]

TASK FORCE TO STUDY A POST

LABOR DAY START DATE FOR

MARYLAND PUBLIC SCHOOLS



p.m.

Place: West County Area Library, 1325

Annapolis Rd., Meeting Rm. A, Odenton,

MD

Add'l. Info: The Task Force to Study a

Post-Labor Day Start Date for Maryland

Public Schools is pleased to receive oral

public comment at the meeting. In order to

allow the Task Force sufficient time to

conduct its business, up to 1 hour will be

allocated for public comment. Public

comment will be taken from 2 to 3 p.m. To

ensure the effective use of the time

available for public comment, speakers will

have 3 minutes to address the Task Force

and are encouraged to provide sufficient

copies of their comments or any other

documents to support their oral comments

to share with the Task Force members and

observers.

Individuals must contact Dr. Kristine

Angelis at (410) 767-0409 or via email at

[email protected] at least 48

hours prior to the meeting to register to

speak. Registration will be accepted on a

first-come, first-served basis. Appropriate

accommodations for individuals with

disabilities will be provided upon request.

To allow time to arrange accommodations,

8 business days notice prior to the meetings

is requested. This notice is provided

pursuant to State Government Article, §10-

506 (c), Annotated Code of Maryland.

Contact: Dr. Kristine Angelis (410) 767-

0409

[14-01-05]

BOARD OF PUBLIC ACCOUNTANCY


Date and Time: February 4, 2014, 9 a.m.

— 12 p.m.


Rm., Baltimore, MD

Contact: Dennis L. Gring (410) 230-6224

[14-01-13]

STATE ADVISORY COUNCIL ON

QUALITY CARE AT THE END OF

LIFE



— 12 p.m.

Place: Dept. of Aging, 301 W. Preston St.,

Rm. 1007, Baltimore, MD

Contact: Paul Ballard (410) 767-6918

[14-01-03]

COMMISSION OF REAL ESTATE

APPRAISERS AND HOME

INSPECTORS


Date and Time: February 11, 2014, 10:30

a.m. — 12 p.m.

Place: 500 N. Calvert St., Baltimore, MD

Contact: Patti Schott (410) 230-6165

[14-01-01]

BOARD OF WATERWORKS AND

WASTE SYSTEMS OPERATORS



a.m. — 4 p.m.

Place: WSSC, Hocevar Bldg., Laurel, MD

Add'l. Info: A portion of this meeting may

be held in closed session.

Contact: Pat Kratochvil (410) 537-3167

[14-01-04]

WORKERS' COMPENSATION

COMMISSION


Date and Time: February 13, 2014, 9 —

11 a.m.

Place: 10 E. Baltimore St., Baltimore, MD

Add'l. Info: Portions of this meeting may

be held in closed session.

Contact: Amy S. Lackington (410) 864-

5300

[14-01-09]

Updated on 7-10-2013

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Titles 10, 11, and 26 consist of more than one volume. Each volume may be purchased separately.

Title 10 Department of Health and Mental Hygiene: Part & Subtitles

Part 1 01 Procedures 02 Division of Reimbursements 03 Health Statistics 04 Fiscal 05 Freestanding Ambulatory Care Facilities 06 Diseases 07 Hospitals 08 Health Facilities Grants Part 2 09 Medical Care Programs Part 3 10 Laboratories 11 Maternal and Child Health 12 Adult Health 13 Drugs 14 Cancer Control 15 Food 16 Housing 17 Sanitation 18 Human Immunodeficiency Virus (HIV) Infection and Acquired Immunodeficiency Syndrome (AIDS) 19 Dangerous Devices and Substances 20 Kidney Disease Program 21 Mental Hygiene Regulations 22 Developmental Disabilities Part 4 23 Advance Directive Registry 24 Maryland Health Care Commission 25 Maryland Health Care Commission 26 Board of Acupuncture 27 Board of Nursing 28 Board of Examiners in Optometry 29 Board of Morticians and Funeral Directors 30 Commission on Kidney Disease 31 Health Occupation Boards 32 Board of Physicians 33 Board of Examiners of Nursing Home Administrators 34 Board of Pharmacy 35 Postmortem Examiners Commission 36 Board of Examiners of Psychologists Part 5 37 Health Services Cost Review Commission 38 Board of Physical Therapy Examiners 39 Board of Nursing – Certified Nursing Assistants 40 Board of Podiatric Medical Examiners 41 Board of Examiners for Audiologists, Hearing Aid Dispensers, and Speech-Language Pathologists 42 Board of Social Work Examiners 43 Board of Chiropractic and Massage Therapy Examiners 44 Board of Dental Examiners 45 Maryland Community Health Resources Commission

46 Board of Occupational Therapy Practice 47 Alcohol and Drug Abuse Administration 48 Child Abuse and Neglect Medical Reimbursement Program 49 State Anatomy Board 50 Tissue Banks 51 Forensic Laboratories 52 Preventive Medicine 53 Board of Nursing—Electrology Practice Committee 54 Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) 55 State Board of Spinal Cord Injury Research 56 Board of Dietetic Practice 57 Board for Certification of Residential Child Care Program Professionals 58 Board of Professional Counselors and Therapists 59 Catastrophic Health Emergencies 60 Board of Environmental Health Specialists

Title 11 Department of Transportation – Volume & Subtitles Volume 1 01 Office of the Secretary 02 Transportation Service Human Resources System 03 Maryland Aviation Administration 04 State Highway Administration 05 Maryland Port Administration 06 Mass Transit Administration 07 Maryland Transportation Authority 08 State Railroad Administration 09 Vacant 10 Vacant Volume 2 and Volume 3 11 Motor Vehicle Administration – Administrative Procedures 12 MVA – Licensing of Businesses and Occupations 13 MVA – Vehicle Equipment 14 MVA – Vehicle Inspections 15 MVA – Vehicle Registration 16 MVA – Vehicle Operations 17 MVA – Driver Licensing and Identification Documents 18 MVA – Financial Responsibility Requirements 19 MVA – School Vehicles 20 MVA – Motorcycle Safety Program 21 MVA – Commercial Motor Vehicles 22 MVA – Preventive Maintenance Program 23 MVA – Drivers’ Schools, Instructors, Driver Education Program Title 26 Department of the Environment – Part & Subtitles Part 1 01 General Provisions 02 Occupational, Industrial, and Residential Hazards 03 Water Supply, Sewerage, Solid Waste, and Pollution Control

Planning and Funding 04 Regulation of Water Supply, Sewage Disposal, and Solid Waste 05 Board of Well Drillers 06 Waterworks and Waste Systems Operators 07 Board of Environmental Sanitarians Part 2 08 Water Pollution 09 Maryland CO2 Budget Trading Program 10 Oil Pollution and Tank Management 11 Air Quality 12 Radiation Management Part 3 13 Disposal of Controlled Hazardous Substances 14 Hazardous Substance Response Plan 15 Disposal of Controlled Hazardous Substances ― Radioactive Hazardous Substances 16 Lead 17 Water Management 18 Susquehanna River Basin Commission Part 4 19 Oil and Gas Resources 20 Surface Coal Mining and Reclamation under Federally Approved Program 21 Mining 22 Coastal Facilities Review 23 Nontidal Wetlands 24 Tidal Wetlands 25 Ballast Water Management 26 Community Right-to-Know Fund 27 Hazardous Material Security

Last Updated 6/2013

Maryland Register

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The Division of State Documents has created pdf files of all the Maryland Register issues since

1974. The issues from 1974—2003 are scanned images in pdf format of the actual Register and, as

such, are not searchable, while the issues beginning with 2004 are searchable text in pdf format.

Single issues of the Maryland Register from 1974—present

_____ $10 Per issue of the Register from 1974—present via emailed pdf file. Please specify Issue(s): _______________________________________

_____ $15 Per issue of the Maryland Register from 1974—present via mailed hard-copy Please specify Issue(s): _______________________________________

An archival library of all Maryland Register issues from 1974—2003:

_____ $375 2 DVDs (1974 — 2012)

_____ $50 One year of the Maryland Register from 1974—2003 (unsearchable): Please specify Year(s): ______________________________

_____ $100 A single year of issues from 2004 forward will be available in January of the

year following their publication. These will be searchable, on CD.

Please specify: 2004 2005 2006 2007 2008 2009 2010 2011 2012

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.

Please order by faxing the

completed form to:

Fax: 410-280-5647

By mailing it to:

Division of State Documents

State House

Annapolis, MD 21401

By email to:

[email protected]

By calling: 410-260-3876

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Business/Firm: ___________________________________________

Name: __________________________________________________

Billing Address: __________________________________________

_______________________________________________________

City, State, Zip ___________________________________________

Tel: _______________________Fax:_________________________

Recipient’s Email:_________________________________________

1/2013

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Money Order or Check # ____________ Amount: $___________ or

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Maryland Register Print and E-Version Order Form

The Maryland Register is a biweekly publication containing proposed, emergency, and final administrative regulations as well as other State government information. The Register serves as the temporary supplement to the Code of Maryland Regulations (COMAR). 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.

See separate Order Form for the Maryland Register Archive Issues from 1974 — 2011.

_____ $225 A single year of print 1st Class Mail Delivery.

_____ $190 A single-user annual eSubscription, which would provide a searchable pdf text

file of each issue, emailed directly to one recipient’s email address. _____ $130 Per additional user, per account subscription. Call 410-260-3876 for details.

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.

Please order by faxing the completed form to: Fax: 410-280-5647

By mailing it to: Division of State Documents State House Annapolis, MD 21401 By email to:

[email protected] By calling: 410-260-3876

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Business/Firm: ___________________________________________

Name: __________________________________________________

Billing Address: __________________________________________

_______________________________________________________

City, State, Zip ___________________________________________

Tel: _______________________Fax:_________________________

Recipient’s Email:_________________________________________

Last updated on 1/2012

(Please circle payment choice and complete the order form)

Money Order or Check # ____________ Amount: $___________ or

VISA, MasterCard, American Express, Discover ~ Amount: $______________

Card # ______________________________________________________ Card Exp. Date: ____________

Signature: __________________________________________ Phone: _______________________

Date: ________________________ Acct.# _______________________

mailto:[email protected]?subject=Maryland Register web inquiry

http://www.dsd.state.md.us/MDRegister/ArchiveOrderForm.pdf