EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0961*
SENATE BILL 961
P2 2lr3222
CF 2lr1724
By: Senator Elfreth
Introduced and read first time: February 14, 2022
Assigned to: Rules
A BILL ENTITLED
AN ACT concerning 1
Public Projects – Global Warming Potential of Materials 2
(Buy Clean Maryland Act) 3
FOR the purpose of requiring the Department of General Services to establish a maximum 4
acceptable global warming potential for certain categories of eligible materials used 5
in certain eligible projects; requiring the Department to review the maximum 6
acceptable global warming potential for each category of eligible materials and 7
authorizing the Department to make certain adjustments according to a certain 8
schedule; prohibiting the Department from increasing the maximum acceptable 9
global warming potential for a category of eligible materials; requiring a unit of State 10
government to specify the eligible materials that will be used in an eligible project 11
in the solicitation for an eligible project; requiring a successful bidder or offeror of an 12
eligible project to submit certain information about each eligible material proposed 13
to be used in an eligible project; prohibiting a contractor from installing any eligible 14
materials on an eligible project until the contractor submits the required information 15
for the eligible material; authorizing the Department to waive certain requirements 16
concerning the use of eligible materials on eligible projects under certain 17
circumstances; providing that the Department shall strive to achieve a continuous 18
reduction of greenhouse gas emissions over time; and generally relating to the global 19
warming potential of materials in public projects. 20
BY adding to 21
Article – State Finance and Procurement 22
Section 4–901 through 4–905 to be under the new subtitle “Subtitle 9. Buy Clean 23
Maryland Act” 24
Annotated Code of Maryland 25
(2021 Replacement Volume) 26
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 27
That the Laws of Maryland read as follows: 28
2 SENATE BILL 961
Article – State Finance and Procurement 1
SUBTITLE 9. BUY CLEAN MARYLAND ACT. 2
4–901. 3
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 4
INDICATED. 5
(B) “ELIGIBLE MATERIAL ” MEANS ANY OF THE FOL LOWING MATERIALS 6
USED IN THE CONSTRUC TION OF A PUBLIC PROJECT : 7
(1) CEMENT AND CONCRETE MIXTURES; 8
(2) GLASS; 9
(3) POSTTENSION STEEL ; 10
(4) REINFORCING STEEL ; 11
(5) STRUCTURAL STEEL ; AND 12
(6) WOOD STRUCTURAL ELEM ENTS. 13
(C) (1) “ELIGIBLE PROJECT ” MEANS A PUBLIC PROJE CT AS DEFINED IN § 14
3–602 OF THIS ARTICLE. 15
(2) “ELIGIBLE PROJECT ” DOES NOT INCLUDE : 16
(I) ANY MAINTENANCE PROG RAM FOR THE UPKEEP O F A 17
PUBLIC PROJECT ; 18
(II) ANY ROAD OR HIGHWAY PROJECT; OR 19
(III) A PUBLIC PROJECT AT A PUBLIC SCHOOL , AS DEFINED IN § 20
1–101 OF THE EDUCATION ARTICLE. 21
(D) “GLOBAL WARMING POTENT IAL” MEANS THE DEGREE THA T A GIVEN 22
MASS OF A CHEMICAL C ONTRIBUTES TO GLOBAL WARMING OVER A GIVEN TIME 23
PERIOD WHEN COMPARED TO THE SAME MASS OF CARBON DIOXIDE . 24
(E) “GREENHOUSE GAS ” HAS THE MEANING STAT ED IN § 2–1202 OF THE 25
ENVIRONMENT ARTICLE. 26 SENATE BILL 961 3
4–902. 1
IN ADMINISTERING THIS SUBTITLE, THE DEPARTMENT SHALL STRI VE TO 2
ACHIEVE A CONTINUOUS REDUCTION OF GREENHO USE GAS EMISSIONS OV ER TIME. 3
4–903. 4
(A) ON OR BEFORE JANUARY 1, 2024, THE DEPARTMENT SHALL ESTA BLISH 5
A MAXIMUM ACCEPTABLE GLOBA L WARMING POTENTIAL FOR EACH CATEGORY OF 6
ELIGIBLE MATERIALS U SED IN AN ELIGIBLE P ROJECT IN ACCORDANCE WITH THIS 7
SECTION. 8
(B) THE DEPARTMENT SHALL : 9
(1) BASE THE MAXIMUM ACC EPTABLE GLOBAL WARMI NG POTENTIAL 10
ON THE INDUSTRY AVER AGE OF GLOBAL WARMIN G POTENTIAL EMISSION S FOR THAT 11
MATERIAL; 12
(2) DETERMINE THE INDUST RY AVERAGE OF GLOBAL WARMING 13
POTENTIAL EMISSIONS , WHICH MAY INCLUDE TR ANSPORTATION –RELATED 14
EMISSIONS, BY CONSULTING NATION ALLY OR INTERNATIONA LLY RECOGNIZED 15
DATABASES OF ENVIRON MENTAL PRODUCT DECLA RATIONS; AND 16
(3) EXPRESS THE MAXIMUM ACCEPTABLE GLOBAL WA RMING 17
POTENTIAL AS A NUMBE R THAT STATES THE MA XIMUM ACCEPTABLE GLO BAL 18
WARMING POTENTIAL FO R EACH CATEGORY OF ELI GIBLE MATERIALS , CONSISTENT 19
WITH CRITERIA IN AN ENVIRONMENTAL PRODUC T DECLARATION . 20
(C) THE DEPARTMENT MAY : 21
(1) ESTABLISH ADDITIONAL SUBCATEGORIES WITHIN EACH 22
CATEGORY OF ELIGIBLE MATERIAL WITH DISTIN CT MAXIMUM ACCEPTABL E GLOBAL 23
WARMING POTENTIAL LIMIT S; 24
(2) ESTABLISH A MAXIMUM ACCEPTABLE GLOBAL WA RMING 25
POTENTIAL FOR EACH M ATERIAL CATEGORY IN THE AGGREGATE ; AND 26
(3) CONSULT WITH ANY OTH ER RELEVANT UNIT OF STATE 27
GOVERNMENT WHEN ESTA BLISHING A MAXIMUM A CCEPTABLE GLOBAL WAR MING 28
POTENTIAL FOR EACH CAT EGORY OF ELIGIBLE MA TERIALS USED IN AN E LIGIBLE 29
PROJECT. 30
4 SENATE BILL 961
(D) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , BY JANUARY 1
1, 2027, AND EVERY 3 YEARS THEREAFTER , THE DEPARTMENT SHALL REVI EW THE 2
MAXIMUM ACCEPTABLE G LOBAL WARMING POTENT IAL FOR EACH CATEGORY OF 3
ELIGIBLE MATERIALS A ND MAY ADJUST THE PO TENTIAL FOR ANY CATE GORY TO 4
REFLECT INDUSTRY CON DITIONS. 5
(2) THE DEPARTMENT MAY NOT AD JUST THE GLOBAL WARM ING 6
POTENTIAL UPWARD FOR ANY CATEGORY OF ELIG IBLE MATERIAL. 7
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 8
as follows: 9
Article – State Finance and Procurement 10
4–904. 11
(A) (1) FOR ANY SOLICITATION FOR A CONTRACT FOR A N ELIGIBLE 12
PROJECT, A UNIT OF STATE GOVERNMENT SHAL L SPECIFY THE ELIGIB LE 13
MATERIALS THAT WILL BE USED IN THE PROJECT AND THE REASONABLE M INIMUM 14
USAGE THRESHOLDS BEL OW WHICH THE REQUIRE MENTS OF THIS SECTIO N DO NOT 15
APPLY. 16
(2) A UNIT OF STATE GOVERNMENT MAY INCLUDE IN A SOLICIT ATION 17
FOR AN ELIGIBLE PROJ ECT A GLOBAL WARMING POTENTIAL FOR ANY EL IGIBLE 18
MATERIAL THAT IS LOW ER THAN THE MAXIMUM ACCEPTABLE GLOBAL WA RMING 19
POTENTIAL FOR THAT M ATERIAL AS DETERMINE D UNDER § 4–903 OF THIS 20
SUBTITLE. 21
(B) THE DEPARTMENT SHALL REQU IRE A SUCCESSFUL BID DER OR 22
OFFEROR OF AN ELIGIB LE PROJECT TO SUBMIT , FOR EACH ELIGIBLE MA TERIAL 23
PROPOSED TO BE USED IN THE ELIGIBLE PROJ ECT: 24
(1) A CURRENT ENVIRONMEN TAL PRODUCT DECLARAT ION, TYPE III, 25
AS DEFINED BY THE INTERNATIONAL ORGANIZATION FOR STANDARDIZATION 26
STANDARD 14025; OR 27
(2) A SIMILARLY ROBUST L IFE CYCLE ASSESSMENT METHOD THAT 28
INCLUDES UNIFORM STA NDARDS IN DATA COLLE CTION. 29
(C) A CONTRACTOR MAY NOT I NSTALL ANY ELIGIBLE MATERIALS ON THE 30
ELIGIBLE PROJ ECT UNTIL THE CONTRA CTOR SUBMITS A FACIL ITY–SPECIFIC 31
ENVIRONMENTAL PRODUC T DECLARATION FOR TH AT ELIGIBLE MATERIAL AS 32
REQUIRED UNDER SUBSE CTION (B) OF THIS SECTION. 33
SENATE BILL 961 5
(D) IF AN ENVIRONMENTAL P RODUCT DECLARATION I S NOT AVAILABLE FOR 1
AN ELIGIBLE MATERIAL , THE CONTRACTOR SHALL NOT IFY THE UNIT AND USE AN 2
ALTERNATIVE ELIGIBLE MATERIAL WITH AN ENV IRONMENTAL PRODUCT 3
DECLARATION . 4
(E) THE DEPARTMENT MAY WAIVE THE REQUIREMENTS OF THIS SECTION 5
IF IT DETERMINES THA T REQUIRING THE RELE VANT ELIGIBLE MATERI ALS WOULD: 6
(1) BE TECHNICALLY INFEA SIBLE; 7
(2) RESULT IN A SIGNIFIC ANT INCREASE IN PROJ ECT COST; 8
(3) RESULT IN A SIGNIFIC ANT DELAY IN PROJECT COMPLETION ; OR 9
(4) RESULT IN ONLY ONE S OURCE OR MANUFACTURE R BEING ABLE 10
TO PROVIDE THE NECES SARY MATERIALS . 11
4–905. 12
(A) ON OR BEFORE DECEMBER 1, 2024, AND EACH YEAR THEREA FTER, THE 13
DEPARTMENT SHALL SUBM IT AN ANNUAL REPORT , IN ACCORDANCE WITH § 2–1257 14
OF THE STATE GOVERNMENT ARTICLE, TO THE GENERAL ASSEMBLY THAT 15
INCLUDES: 16
(1) WHAT THE DEPARTMENT HAS LEARNE D ABOUT HOW TO IDENTIFY 17
AND QUANTIFY EMBODIE D CARBON IN BUILDING MATERIALS, INCLUDING LIFE 18
CYCLE COSTS; AND 19
(2) ANY OBSTACLES THE DEPARTMENT , BIDDERS, OR OFFERORS 20
HAVE ENCOUNTERED IN IDENTIFYING AND QUAN TIFYING EMBODIED CAR BON IN 21
BUILDING MATERIALS . 22
(B) THE REPORT SUBMITTED ON O R BEFORE DECEMBER 1, 2024, SHALL 23
INCLUDE A DESCRIPTIO N OF THE METHOD THAT THE DEPARTMENT USED TO 24
DEVELOP THE MAXIMUM ACCEPTABLE GLOBAL WA RMING POTENTIAL FOR EACH 25
CATEGORY OF ELIGIBLE MATERIALS. 26
SECTION 3. AND BE IT FURTHER ENACTED, Th at, on or before December 1, 27
2022, the Maryland Green Building Council shall: 28
(1) seek input from community and industry stakeholders on 29
recommendations to implement the provisions of Sections 1 and 2 of this Act, including: 30
(i) architects; 31 6 SENATE BILL 961
(ii) civil engineers; 1
(iii) environmental scientists; 2
(iv) institutions of higher education in the State; 3
(v) materials manufacturers; and 4
(vi) State contractors; and 5
(2) report the recommendations to the General Assembly, in accordance 6
with § 2–1257 of the State Government Article. 7
SECTION 4. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 8
effect July 1, 2024. 9
SECTION 5. AND BE IT FURTHER ENACTED, That, except as provided in Section 10
4 of this Act, this Act shall take effect July 1, 2022. 11