EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1134*
HOUSE BILL 1134
E4 3lr2316
By: Delegates Acevero, Bridges, and Ivey
Introduced and read first time: February 10, 2023
Assigned to: Environment and Transportation and Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Maryland Building Performance Standards – Fossil Fuel Use and 2
Electric–Ready Standards 3
FOR the purpose of requiring the Maryland Department of Labor to adopt, on or before a 4
certain date and as part of the Maryland Building Performance Standards, a 5
requirement that new buildings meet all energy demands of the building without the 6
use of fossil fuels and an electric–ready standard for certain buildings; and generally 7
relating to the Maryland Building Performance Standards. 8
BY repealing and reenacting, with amendments, 9
Article – Public Safety 10
Section 12–503 11
Annotated Code of Maryland 12
(2022 Replacement Volume) 13
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That the Laws of Maryland read as follows: 15
Article – Public Safety 16
12–503. 17
(a) (1) The Department shall adopt by regulation, as the Maryland Building 18
Performance Standards, the International Building Code, including the International 19
Energy Conservation Code, with the modifications incorporated by the Department under 20
subsection (b) of this section. 21
(2) The Department shall adopt each subsequent version of the Standards 22
within 18 months after it is issued. 23
(b) (1) Before adopting each version of the Standards, the Department shall: 24 2 HOUSE BILL 1134
(i) review the International Building Code to determine whether 1
modifications should be incorporated in the Standards; 2
(ii) consider changes to the International Building Code to enhance 3
energy conservation and efficiency; 4
(iii) subject to the provisions of paragraph (2)(ii) of this subsection, 5
adopt modifications to the Standards that allow any innovative approach, design, 6
equipment, or method of construction that can be demonstrated to offer performance that 7
is at least the equivalent to the requirements of: 8
1. the International Energy Conservation Code; 9
2. Chapter 13, “Energy Efficiency”, of the International 10
Building Code; or 11
3. Chapter 11, “Energy Efficiency”, of the International 12
Residential Code; 13
(iv) accept written comments; 14
(v) consider any comments received; and 15
(vi) hold a public hearing on each proposed modification. 16
(2) (i) Except as provided in subparagraph (ii) of this paragraph, 17
PARAGRAPH (3) OF THIS SUBSECTION , and § 12–510 of this subtitle, the Department 18
may not adopt, as part of the Standards, a modification of a building code requirement that 19
is more stringent than the requirement in the International Building Code. 20
(ii) The Department may adopt energy conservation requirements 21
that are more stringent than the requirements in the International Energy Conservation 22
Code, but may not adopt energy conservation requirements that are less stringent than the 23
requirements in the International Energy Conservation Code. 24
(3) (I) ON OR BEFORE JANUARY 1, 2024, THE DEPARTMENT SHALL 25
ADOPT, AS PART OF THE STANDARDS: 26
1. SUBJECT TO SUBPARAGR APHS (II) AND (III) OF THIS 27
PARAGRAPH , A REQUIREMENT THAT N EW BUILDINGS MEET AL L ENERGY DEMANDS 28
OF THE BUILDING WITHOUT THE USE OF FOSSIL FUELS; AND 29
2. AN ELECTRIC–READY STANDARD FOR NEW BUILDINGS 30
THAT RECEIVE A WAIVE R UNDER SUBPARAGRAPH (III) OF THIS PARAGRAPH . 31
HOUSE BILL 1134 3
(II) THE REQUIREMENT THAT NEW BUILDINGS MEET ALL 1
ENERGY DEMANDS WITHO UT THE USE OF FOSSIL FUELS UNDER PARAGRAP H (1) OF 2
THIS SUBSECTION SHALL BE MET: 3
1. ON OR BEFORE OCTOBER 1, 2025, FOR A BUILDING: 4
A. THAT WILL BE LESS THAN SEVEN STORIES TALL; AND 5
B. FOR WHICH A BUILDING PERMIT APPLICATION I S 6
RECEIVED BY A LOCAL JURISDICTION; AND 7
2. ON OR BEFORE OCTOBER 1, 2029, FOR A BUILDING: 8
A. THAT WILL BE SEVEN OR MORE STORIES TALL; AND 9
B. FOR WHICH A BUILDING PERMIT APPLICATION I S 10
RECEIVED BY A LOCAL JURISDICTION. 11
(III) 1. SUBJECT TO SUBSUBPARA GRAPHS 2 AND 3 OF THIS 12
SUBPARAGRAPH , A LOCAL JURISDICTION M AY GRANT A WAIVER FROM THE 13
REQUIREMENT UNDER SUBPARAGRAPH (I)1 OF THIS PARAGRAPH FO R: 14
A. EMERGENCY BACK –UP POWER SYSTEMS FOR NEW 15
BUILDINGS; AND 16
B. NEW BUILDINGS SPECIFICAL LY DESIGNATED FOR 17
OCCUPANCY BY A COMME RCIAL FOOD ESTABLISHMENT , LABORATORY , 18
LAUNDROMAT , HOSPITAL, OR CREMATORIUM . 19
2. A. A WAIVER GRANTED UNDER 20
SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH SHALL BE LIMITED TO BUILDING 21
SYSTEMS AND AREAS THAT CANNOT FEASIBLY USE ENERGY GENERATED FROM A 22
SOURCE OTHER THAN FOSSIL FUELS. 23
B. FINANCIAL CONSIDERATI ONS ARE NOT A SUFFIC IENT 24
BASIS FOR DETERMININ G FEASIBILITY UNDER SUBSUBSUBPARAGRAPH A OF THIS 25
SUBSUBPARAGRAPH . 26
3. A BUILDING THAT IS GRANTED A WAIVER UNDER 27
SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH SH ALL: 28
A. SEEK TO MINIMIZE EMI SSIONS FROM ITS FOSSIL FUEL 29
USE; 30 4 HOUSE BILL 1134
B. MAXIMIZE HEALTH , SAFETY, AND FIRE PROTECTION ; 1
AND 2
C. BE REQUIRED TO COMPL Y WITH THE 3
ELECTRIC–READY STANDARDS ADOP TED UNDER SUBPARAGRA PH (I)2 OF THIS 4
PARAGRAPH . 5
4. TO ENSURE A WAIVER GRANTED UNDER 6
SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH IS STILL NECESSARY , THE WAVIER 7
SHALL BE REVIEWED: 8
A. EACH TIME THE STANDARDS ARE MODIFIED BY THE 9
DEPARTMENT ; AND 10
B. BY THE LOCAL JURISDI CTION THAT GRANTED T HE 11
WAIVER EACH TIME THE LOCAL JURISDICTION M ODIFIES ITS LOCAL AM ENDMENTS 12
UNDER § 12–504 OF THIS SUBTITLE. 13
(IV) NOTHING IN THIS PARAG RAPH MAY BE CONSTRUE D TO 14
PROHIBIT A LOCAL JUR ISDICTION FROM PROHI BITING THE USE OF FO SSIL FUELS IN 15
BUILDINGS. 16
(c) The Standards apply to each building or structure in the State for which a 17
building permit application is received by a local jurisdiction on or after August 1, 1995. 18
(d) In addition to the Standards, the Department shall: 19
(1) on or before January 1, 2023, adopt by regulation the 2018 20
International Green Construction Code; and 21
(2) adopt each subsequent version of the Code within 18 months after it is 22
issued. 23
SECTION 2. AND BE IT FURTHER ENACTED, That, on or before December 1, 24
2024, the Maryland Department of Labor, in conjunction with the Maryland Energy 25
Administration, the Public Service Commission, and the Department of Housing and 26
Community Development, shall report to the Governor and the General Assembly, in 27
accordance with § 2–1257 of the State Government Article, on any policy changes needed 28
to ensure the provisions under § 12–503(b)(3) of the Public Safety Article, as enacted by 29
Section 1 of this Act, do not diminish the availability of affordable housing or the 30
affordability of electricity for customers in all–electric buildings, including changes to: 31
(1) electricity rates and tariff structures; 32
HOUSE BILL 1134 5
(2) laws; 1
(3) policies; 2
(4) regulations; and 3
(5) subsidy programs. 4
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 5
October 1, 2023. 6