EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0588*
SENATE BILL 588
P1, F1 2lr1994
SB 228/21 – EHE CF 2lr1995
By: Senator Hettleman
Introduced and read first time: February 2, 2022
Assigned to: Education, Health, and Environmental Affairs
A BILL ENTITLED
AN ACT concerning 1
Capital Projects – High Performance and Green Buildings 2
FOR the purpose of altering the definition of “high performance building” to include certain 3
schools and public safety buildings; altering the definition of “major renovation” to 4
mean a renovation of a certain size or value or resulting in a change in occupancy or 5
replacement of certain utility installations; altering the type of capital projects to 6
which certain high performance building standards apply; repealing a requirement 7
that the Maryland Green Building Council develop certain guidelines for new public 8
school buildings; requiring the Maryland Green Building Council to ensure that 9
certain State buildings, public schools, and community colleges meet certain high 10
performance building requirements; prohibiting the use of certain guidelines for a 11
new public school building to meet certain high performance building requirements; 12
and generally relating to high performance building requirements and green 13
building guidelines. 14
BY repealing and reenacting, without amendments, 15
Article – Education 16
Section 5–312 17
Annotated Code of Maryland 18
(2018 Replacement Volume and 2021 Supplement) 19
BY repealing and reenacting, with amendments, 20
Article – State Finance and Procurement 21
Section 3–602.1(a) and (c) and 4–809(f) 22
Annotated Code of Maryland 23
(2021 Replacement Volume) 24
BY repealing and reenacting, without amendments, 25
Article – State Finance and Procurement 26
Section 3–602.1(e) and 4–809(a) 27
Annotated Code of Maryland 28 2 SENATE BILL 588
(2021 Replacement Volume) 1
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLA ND, 2
That the Laws of Maryland read as follows: 3
Article – Education 4
5–312. 5
(a) In this section, “high performance building” has the meaning stated in § 6
3–602.1 of the State Finance and Procurement Article. 7
(b) This section applies to the construction of new schools that have not initiated 8
a Request For Proposal for the selection of an architectural and engineering consultant on 9
or before July 1, 2009. 10
(c) Except as provided in subsection (d) of this section, a new school that receives 11
State public school construction funds shall be constructed to be a high performance 12
building. 13
(d) (1) The Interagency Commission shall establish a process to allow a school 14
system to obtain a waiver from complying with subsection (c) of this section. 15
(2) The waiver process shall: 16
(i) Include a review by the Interagency Commission to determine if 17
the construction of a high performance building is not practicable; and 18
(ii) Require the approval of a waiver by the Interagency Commission. 19
(e) For fiscal years 2010 through 2014 only, the State shall pay 50% of the local 20
share of the extra costs, identified and approved by the Interagency Commission, that are 21
incurred in constructing a new school to meet the high performance building requirements 22
of this section. 23
(f) The Interagency Commission shall adopt regulations to implement the 24
requirements of this section. 25
Article – State Finance and Procurement 26
3–602.1. 27
(a) (1) In this section the following words have the meanings indicated. 28
(2) “High performance building” means a building that: 29
(i) [meets or exceeds] ACHIEVES AT LEAST A SILVER RATING 30 SENATE BILL 588 3
ACCORDING TO the [current] MOST RECENT version of the U.S. Green Building Council’s 1
LEED (Leadership in Energy and Environmental Design) Green Building Rating System 2
[Silver rating]; 3
(II) IS A SCHOOL OR PUBLI C SAFETY BUILDING TH AT: 4
1. ACHIEVES AT LEAST A CERTIFIED RATING 5
ACCORDING TO THE MOS T RECENT VERSION OF THE U.S. GREEN BUILDING 6
COUNCIL’S LEED GREEN BUILDING RATING SYSTEM; AND 7
2. BASED ON THE BUILDING’S LOCATION, ACHIEVES 5 8
POINTS OR LESS IN TH E COMBINED CREDITS F OR ACCESS TO QUALITY TRANSIT AND 9
SURROUNDING DENSITY AND DIVERSE USES ; 10
[(ii)] (III) achieves at least a comparable numeric rating according 11
to a nationally recognized, accepted, and appropriate numeric sustainable development 12
rating system, guideline, or standard approved by the Secretaries of Budget and 13
Management and General Services; or 14
[(iii)] (IV) complies with a nationally recognized and accepted green 15
building code, guideline, or standard reviewed and recommended by the Maryland Green 16
Building Council and approved by the Secretaries of Budget and Management and General 17
Services. 18
(3) “Major renovation” means the renovation of a building where: 19
(i) [the building shell is to be reused for the new construction] THE 20
RENOVATION EXCEEDS 50% OF THE BUILDING AREA ; 21
(ii) [the heating, ventilating, and air conditioning (HVAC), 22
electrical, and plumbing systems are to be replaced] THE VALUE OF THE RENOVATION 23
EXCEEDS 50% OF THE ASSESSED VALUE OF THE BUILDING ; [and] 24
(iii) [the scope of the renovation is 7,500 square feet or greater] 25
THERE IS A CHANGE IN OCCUPANCY LOAD OR OCCUPANCY CLASSIF ICATION; OR 26
(IV) THE HEATING, VENTILATING, AND AIR CONDITIONING 27
(HVAC), PLUMBING, OR ELECTRICAL SYSTEM IS BEING REPLACED . 28
(c) (1) This subsection applies to: 29
(i) capital projects [that are funded solely with] FOR WHICH MORE 30
THAN 25% OF THE FUNDING FOR T HE ACQUISITION , CONSTRUCTION , OR 31
RENOVATION OF THE PR OJECT IS FROM State funds; and 32
4 SENATE BILL 588
(ii) community college capital projects that receive State funds. 1
(2) Except as provided in subsections (d) and (e) of this section, if a capital 2
project includes the construction or major renovation of a building that is 7,500 square feet 3
or greater, the building shall be constructed or renovated to be a high performance building. 4
(e) (1) The Department of Budget and Management and the Department of 5
General Services shall jointly establish a process to allow a unit of State government or a 6
community college to obtain a waiver from complying with subsection (c) of this section. 7
(2) The waiver process shall: 8
(i) include a review by the Maryland Green Building Council 9
established under § 4–809 of this article, to determine if the use of a high performance 10
building in a proposed capital project is not practicable; and 11
(ii) require the approval of a waiver by the Secretaries of Budget and 12
Management, General Services, and Transportation. 13
4–809. 14
(a) There is a Maryland Green Building Council. 15
(f) The Maryland Green Building Council shall: 16
(1) evaluate current high performance building technologies; 17
(2) provide recommendations concerning the most cost–effective green 18
building technologies that the State might consider requiring in the construction of State 19
facilities, including consideration of the additional cost associated with the various 20
technologies; 21
(3) provide recommendations concerning how to expand green building in 22
the State; 23
(4) develop a list of building types for which green building technologies 24
should not be applied, taking into consideration the operational aspects of facilities 25
evaluated, and the utility of a waiver process where appropriate; 26
(5) establish a process for receiving public input; and 27
(6) (I) [develop guidelines for new public school buildings to achieve the 28
equivalent of the current version of the U.S. Green Building Council’s LEED (Leadership 29
in Energy and Environmental Design) Green Building Rating System Silver rating or a 30
comparable rating system or building code as authorized in § 3–602.1 of this article without 31
requiring an independent certification that the buildings have achieved the required 32
standards] ENSURE THAT STATE BUILDINGS , PUBLIC SCHOOLS , AND COMMUNITY 33 SENATE BILL 588 5
COLLEGES THAT ARE REQUI RED TO MEET THE HIGH PERFORMANCE BUILDING 1
REQUIREMENTS UNDER § 3–602.1 OF THIS ARTICLE OR § 5–312 OF THE EDUCATION 2
ARTICLE MEET THOSE RE QUIREMENTS ; AND 3
(II) ON OR BEFORE JUNE 30, 2023, AND EACH YEAR 4
THEREAFTER , REPORT ON THE STATUS OF MEETING THE REQUIREMENTS UNDER 5
ITEM (I) OF THIS ITEM TO THE SENATE EDUCATION, HEALTH, AND ENVIRONMENTAL 6
AFFAIRS COMMITTEE AND THE HOUSE ENVIRONMENT AND TRANSPORTATION 7
COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 8
ARTICLE. 9
SECTION 2. AND BE IT FURTHER ENACTED, That any guidelines developed 10
before July 1, 2022, by the Maryland Green Building Council to implement § 4–809(f)(6) of 11
the State Finance and Procurement Article, as enacted by Section 1 of this Act, may not be 12
used for a new public school building to meet the high performance building requirements 13
under § 5–312 of the Education Article or § 3–602.1 of the State Finance and Procurement 14
Article, as enacted by Section 1 of this Act. 15
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 16
1, 2022. 17