ERRATA and PROPOSAL
ERRATA
Maryland Register
Issue Date: August 5, 2016
Volume 43 • Issue 16 • Page 939
At 43:13 Md. R. 726 (June 24, 2016), column 1, line 14 from the bottom:
For: of application and plan review fees totaling $46, 870. The regulated
Read: of application and plan review fees totaling $50,560. The regulated
At 43:13 Md. R. 726 (June 24, 2016), column 1, line 7 from the bottom:
For: A. On issuing agency: (R-) $46,870
Read: A. On issuing agency: (R-) $50,560
At 43:13 Md. R. 726 (June 24, 2016), column 1, line 1 from the bottom:
For: or trade groups (+) $46,870
Read: or trade groups (+) $50,560
At 43:13 Md. R. 726 (June 24, 2016), column 2, line 10 from the top:
For: fee collections of $8,970 from the proposed 5 percent reduction in
Read: fee collections of $12,660 from the proposed 5 percent reduction in
At 43:13 Md. R. 726 (June 24, 2016), column 2, line 16 from the top:
For: and food processing plants that include a savings of $8,970 from the
Read: and food processing plants that include a savings of $12,660 from the
[16-16-12]
PROPOSAL
Maryland Register
Issue Date: June 24, 2016
Volume 43 • Issue 13 • Pages 726—727
Title 10
DEPARTMENT OF HEALTH AND MENTAL HYGIENE
10.01.17 Fees for Food Protection, Public Pools, Public Spas, Public Spray Grounds, and Youth Camp Programs
Authority: Health-General Article, §§2-104, 14-403, 21-301, 21-308, 21-309, 21-309.1, 21-403, 21-412, 21-808, and 21-812, Annotated Code of Maryland
Notice of Proposed Action
[16-155-P]
The Secretary of Health and Mental Hygiene proposes to amend Regulation .02 under COMAR 10.01.17 Fees for Food Protection, Public Pools, Public Spas, Public Spray Grounds, and Youth Camp Programs.
Statement of Purpose
The purpose of this action is to reduce:
(1) The application fee for annual day camps and public pools or spas; and
(2) The plan review fee for food processing plants and food service facilities.
Comparison to Federal Standards
There is no corresponding federal standard to this proposed action.
Estimate of Economic Impact
I. Summary of Economic Impact. The reduction of fees for day camps, public pools or spas, and food processing plants will decrease General Fund revenues and decrease expenditures for the regulated industry. The application and plan review fees range from $50 to $900. However, the Department will collect less revenue in the form of application and plan review fees totaling $46,870. The regulated industry is expected to benefit from the lower fees by reducing costs either to start a new business or continue operations. There is no economic impact on other State agencies or local governments.
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Revenue (R+/R-) |
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II. Types of Economic Impact. |
Expenditure
(E+/E-) |
Magnitude |
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A. On issuing agency: |
(R-) |
$46,870 |
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B. On other State agencies: |
NONE |
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C. On local governments: |
NONE |
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Benefit (+)
Cost (-) |
Magnitude |
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D. On regulated industries or trade groups: |
(+) |
$46,870 |
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E. On other industries or trade groups: |
NONE |
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F. Direct and indirect effects on public: |
NONE |
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III. Assumptions. (Identified by Impact Letter and Number from Section II.) |
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A. This estimate is based on fees collected in the previous fiscal year (2015), and assumes the same number and type of applicant when the regulations become effective. This includes a decrease in fee collections of $8,970 from the proposed 5 percent reduction in fees for day camps, $34,300 from the proposed $100 reduction in fees for plan reviews for 343 food processors, and $3,600 from the proposed $100 reduction in fees for plan reviews for 36 pool plan reviews. All fees collected are deposited into the General Fund. |
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D. There are benefits to certain day camps, public pools or spas, and food processing plants that include a savings of $8,970 from the proposed 5 percent reduction in fees for day camps, $34,300 from the proposed $100 reduction in fees for plan reviews for 343 food processors, and $3,600 from the proposed $100 reduction in fees for plan reviews for 36 pool plan reviews. The Department notes that of the 343 applications for food processors, 162 applications were for prototype retail food facilities, and would not be considered to be small businesses because they involve prototypes for food service facilities for a retail chain or a franchise operation planning to construct two or more facilities in the State from a single uniform set of plans. |
Economic Impact on Small Businesses
The proposed action has a meaningful economic impact on small business. An analysis of this economic impact follows.
Day camps will see a 5 percent decrease in the cost to apply for an operating certificate under the Department’s day camp program. This will benefit smaller day camps by decreasing their costs to start or operate a day camp. Small businesses in food manufacturing and pool operators will experience a $100 decrease in the cost of submitting a plan for review to the Department. The Department notes that of the 343 applications for food processors, 162 applications were for prototype retail food facilities, and would not be considered to be small businesses because they involve prototypes for food service facilities for a retail chain or a franchise operation planning to construct two or more facilities in the State from a single uniform set of plans.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Michele Phinney, Director, Office of Regulation and Policy Coordination, Department of Health and Mental Hygiene, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to dhmh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through July 25, 2016. A public hearing has not been scheduled.
.02 Fees.
The following fees are established by the Secretary:
A. (text unchanged)
B. 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:
(a) [Day] On or before December 31, 2016, day camp:
(i)—(iii) (text unchanged)
(iv) Greater than 5,000 camper days — $900; [and]
(b) Effective January 1, 2017, day camp:
(i) 1 to 500 camper days — $190;
(ii) 501 to 2,000 camper days — $500;
(iii) 2,001 to 5,000 camper days — $665; and
(iv) Greater than 5,000 camper days — $855; and
[(b)] (c) (text unchanged)
(2) For a youth camp that is in good standing as defined in COMAR 10.16.06.02:
(a) [Day] On or before December 31, 2016, day camp:
(i)—(iii) (text unchanged)
(iv) Greater than 5,000 camper days — $225; [and]
(b) Effective January 1, 2017, day camp:
(i) 1 to 500 camper days — $45;
(ii) 501 to 2,000 camper days — $125;
(iii) 2,001 to 5,000 camper days — $165; and
(iv) Greater than 5,000 camper days — $215; and
[(b)] (c) (text unchanged)
C. (text unchanged)
D. Except for a local subdivision with delegated authority, plan review fee for food processing plants:
(1) Bakery plant — [$400] $300;
(2) Bottled water plant — [$400] $300;
(3) Cannery — [$400] $300;
(4)—(5) (text unchanged)
(6) Confectionary plant — [$400] $300;
(7) Crab meat plant — [$400] $300;
(8) Food manufacturing plant — [$400] $300;
(9) (text unchanged)
(10) Food warehouse or distribution center — [$400] $300;
(11) Frozen food manufacturing plant — [$400] $300;
(12) Ice manufacturing plant — [$400] $300;
(13)—(15) (text unchanged)
(16) Shellfish:
(a) Shucking, packing, or repacking plant — [$400] $300;
(b)—(c) (text unchanged)
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] $300;
F. (text unchanged)
G. Except for a local subdivision with delegated authority, application review fee for:
(1) Construction of a public pool or spa — [$400] $300;
(2)—(3) (text unchanged)
VAN T. MITCHELL
Secretary of Health and Mental Hygiene
