Maryland 2023 Regular Session

Maryland House Bill HB1134 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb1134
6	6
7	7	HOUSE BILL 1134
8	8	E4 3lr2316
9	9
10	10	By: Delegates Acevero, Bridges, and Ivey
11	11	Introduced and read first time: February 10, 2023
12	12	Assigned to: Environment and Transportation and Economic Matters
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Maryland Building Performance Standards – Fossil Fuel Use and 2
19	19	Electric–Ready Standards 3
20	20
21	21	FOR the purpose of requiring the Maryland Department of Labor to adopt, on or before a 4
22	22	certain date and as part of the Maryland Building Performance Standards, a 5
23	23	requirement that new buildings meet all energy demands of the building without the 6
24	24	use of fossil fuels and an electric–ready standard for certain buildings; and generally 7
25	25	relating to the Maryland Building Performance Standards. 8
26	26
27	27	BY repealing and reenacting, with amendments, 9
28	28	Article – Public Safety 10
29	29	Section 12–503 11
30	30	Annotated Code of Maryland 12
31	31	(2022 Replacement Volume) 13
32	32
33	33	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
34	34	That the Laws of Maryland read as follows: 15
35	35
36	36	Article – Public Safety 16
37	37
38	38	12–503. 17
39	39
40	40	(a) (1) The Department shall adopt by regulation, as the Maryland Building 18
41	41	Performance Standards, the International Building Code, including the International 19
42	42	Energy Conservation Code, with the modifications incorporated by the Department under 20
43	43	subsection (b) of this section. 21
44	44
45	45	(2) The Department shall adopt each subsequent version of the Standards 22
46	46	within 18 months after it is issued. 23
47	47
48	48	(b) (1) Before adopting each version of the Standards, the Department shall: 24 2 HOUSE BILL 1134
49	49
50	50
51	51
52	52	(i) review the International Building Code to determine whether 1
53	53	modifications should be incorporated in the Standards; 2
54	54
55	55	(ii) consider changes to the International Building Code to enhance 3
56	56	energy conservation and efficiency; 4
57	57
58	58	(iii) subject to the provisions of paragraph (2)(ii) of this subsection, 5
59	59	adopt modifications to the Standards that allow any innovative approach, design, 6
60	60	equipment, or method of construction that can be demonstrated to offer performance that 7
61	61	is at least the equivalent to the requirements of: 8
62	62
63	63	1. the International Energy Conservation Code; 9
64	64
65	65	2. Chapter 13, “Energy Efficiency”, of the International 10
66	66	Building Code; or 11
67	67
68	68	3. Chapter 11, “Energy Efficiency”, of the International 12
69	69	Residential Code; 13
70	70
71	71	(iv) accept written comments; 14
72	72
73	73	(v) consider any comments received; and 15
74	74
75	75	(vi) hold a public hearing on each proposed modification. 16
76	76
77	77	(2) (i) Except as provided in subparagraph (ii) of this paragraph, 17
78	78	PARAGRAPH (3) OF THIS SUBSECTION , and § 12–510 of this subtitle, the Department 18
79	79	may not adopt, as part of the Standards, a modification of a building code requirement that 19
80	80	is more stringent than the requirement in the International Building Code. 20
81	81
82	82	(ii) The Department may adopt energy conservation requirements 21
83	83	that are more stringent than the requirements in the International Energy Conservation 22
84	84	Code, but may not adopt energy conservation requirements that are less stringent than the 23
85	85	requirements in the International Energy Conservation Code. 24
86	86
87	87	(3) (I) ON OR BEFORE JANUARY 1, 2024, THE DEPARTMENT SHALL 25
88	88	ADOPT, AS PART OF THE STANDARDS: 26
89	89
90	90	1. SUBJECT TO SUBPARAGR APHS (II) AND (III) OF THIS 27
91	91	PARAGRAPH , A REQUIREMENT THAT N EW BUILDINGS MEET AL L ENERGY DEMANDS 28
92	92	OF THE BUILDING WITHOUT THE USE OF FOSSIL FUELS; AND 29
93	93
94	94	2. AN ELECTRIC–READY STANDARD FOR NEW BUILDINGS 30
95	95	THAT RECEIVE A WAIVE R UNDER SUBPARAGRAPH (III) OF THIS PARAGRAPH . 31
96	96	HOUSE BILL 1134 3
97	97
98	98
99	99	(II) THE REQUIREMENT THAT NEW BUILDINGS MEET ALL 1
100	100	ENERGY DEMANDS WITHO UT THE USE OF FOSSIL FUELS UNDER PARAGRAP H (1) OF 2
101	101	THIS SUBSECTION SHALL BE MET: 3
102	102
103	103	1. ON OR BEFORE OCTOBER 1, 2025, FOR A BUILDING: 4
104	104
105	105	A. THAT WILL BE LESS THAN SEVEN STORIES TALL; AND 5
106	106
107	107	B. FOR WHICH A BUILDING PERMIT APPLICATION I S 6
108	108	RECEIVED BY A LOCAL JURISDICTION; AND 7
109	109
110	110	2. ON OR BEFORE OCTOBER 1, 2029, FOR A BUILDING: 8
111	111
112	112	A. THAT WILL BE SEVEN OR MORE STORIES TALL; AND 9
113	113
114	114	B. FOR WHICH A BUILDING PERMIT APPLICATION I S 10
115	115	RECEIVED BY A LOCAL JURISDICTION. 11
116	116
117	117	(III) 1. SUBJECT TO SUBSUBPARA GRAPHS 2 AND 3 OF THIS 12
118	118	SUBPARAGRAPH , A LOCAL JURISDICTION M AY GRANT A WAIVER FROM THE 13
119	119	REQUIREMENT UNDER SUBPARAGRAPH (I)1 OF THIS PARAGRAPH FO R: 14
120	120
121	121	A. EMERGENCY BACK –UP POWER SYSTEMS FOR NEW 15
122	122	BUILDINGS; AND 16
123	123
124	124	B. NEW BUILDINGS SPECIFICAL LY DESIGNATED FOR 17
125	125	OCCUPANCY BY A COMME RCIAL FOOD ESTABLISHMENT , LABORATORY , 18
126	126	LAUNDROMAT , HOSPITAL, OR CREMATORIUM . 19
127	127
128	128	2. A. A WAIVER GRANTED UNDER 20
129	129	SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH SHALL BE LIMITED TO BUILDING 21
130	130	SYSTEMS AND AREAS THAT CANNOT FEASIBLY USE ENERGY GENERATED FROM A 22
131	131	SOURCE OTHER THAN FOSSIL FUELS. 23
132	132
133	133	B. FINANCIAL CONSIDERATI ONS ARE NOT A SUFFIC IENT 24
134	134	BASIS FOR DETERMININ G FEASIBILITY UNDER SUBSUBSUBPARAGRAPH A OF THIS 25
135	135	SUBSUBPARAGRAPH . 26
136	136
137	137	3. A BUILDING THAT IS GRANTED A WAIVER UNDER 27
138	138	SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH SH ALL: 28
139	139
140	140	A. SEEK TO MINIMIZE EMI SSIONS FROM ITS FOSSIL FUEL 29
141	141	USE; 30 4 HOUSE BILL 1134
142	142
143	143
144	144
145	145	B. MAXIMIZE HEALTH , SAFETY, AND FIRE PROTECTION ; 1
146	146	AND 2
147	147
148	148	C. BE REQUIRED TO COMPL Y WITH THE 3
149	149	ELECTRIC–READY STANDARDS ADOP TED UNDER SUBPARAGRA PH (I)2 OF THIS 4
150	150	PARAGRAPH . 5
151	151
152	152	4. TO ENSURE A WAIVER GRANTED UNDER 6
153	153	SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH IS STILL NECESSARY , THE WAVIER 7
154	154	SHALL BE REVIEWED: 8
155	155
156	156	A. EACH TIME THE STANDARDS ARE MODIFIED BY THE 9
157	157	DEPARTMENT ; AND 10
158	158
159	159	B. BY THE LOCAL JURISDI CTION THAT GRANTED T HE 11
160	160	WAIVER EACH TIME THE LOCAL JURISDICTION M ODIFIES ITS LOCAL AM ENDMENTS 12
161	161	UNDER § 12–504 OF THIS SUBTITLE. 13
162	162
163	163	(IV) NOTHING IN THIS PARAG RAPH MAY BE CONSTRUE D TO 14
164	164	PROHIBIT A LOCAL JUR ISDICTION FROM PROHI BITING THE USE OF FO SSIL FUELS IN 15
165	165	BUILDINGS. 16
166	166
167	167	(c) The Standards apply to each building or structure in the State for which a 17
168	168	building permit application is received by a local jurisdiction on or after August 1, 1995. 18
169	169
170	170	(d) In addition to the Standards, the Department shall: 19
171	171
172	172	(1) on or before January 1, 2023, adopt by regulation the 2018 20
173	173	International Green Construction Code; and 21
174	174
175	175	(2) adopt each subsequent version of the Code within 18 months after it is 22
176	176	issued. 23
177	177
178	178	SECTION 2. AND BE IT FURTHER ENACTED, That, on or before December 1, 24
179	179	2024, the Maryland Department of Labor, in conjunction with the Maryland Energy 25
180	180	Administration, the Public Service Commission, and the Department of Housing and 26
181	181	Community Development, shall report to the Governor and the General Assembly, in 27
182	182	accordance with § 2–1257 of the State Government Article, on any policy changes needed 28
183	183	to ensure the provisions under § 12–503(b)(3) of the Public Safety Article, as enacted by 29
184	184	Section 1 of this Act, do not diminish the availability of affordable housing or the 30
185	185	affordability of electricity for customers in all–electric buildings, including changes to: 31
186	186
187	187	(1) electricity rates and tariff structures; 32
188	188	HOUSE BILL 1134 5
189	189
190	190
191	191	(2) laws; 1
192	192
193	193	(3) policies; 2
194	194
195	195	(4) regulations; and 3
196	196
197	197	(5) subsidy programs. 4
198	198
199	199	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 5
200	200	October 1, 2023. 6