EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0261*
HOUSE BILL 261
P2 3lr1277
SB 961/22 – B&T CF 3lr1279
By: Delegates Kerr and Fair
Introduced and read first time: January 25, 2023
Assigned to: Health and Government Operations
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 and 2022 Supplement) 26
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 27
That the Laws of Maryland read as follows: 28
2 HOUSE BILL 261
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 CEMENT OR CONCRETE M IXTURE 6
USED IN THE CONSTRUC TION OF A PUBLIC PRO JECT. 7
(C) (1) “ELIGIBLE PROJECT ” MEANS A PUBLIC PROJE CT AS DEFINED IN § 8
3–602 OF THIS ARTICLE. 9
(2) “ELIGIBLE PROJECT ” DOES NOT INCLUDE ANY MAINTENANCE 10
PROGRAM FOR THE UPKEEP OF A PUBLIC PROJECT . 11
(D) “GLOBAL WARMING POTENT IAL” MEANS THE DEGREE THA T A GIVEN 12
MASS OF A CHEMICAL C ONTRIBUTES TO GLOBAL WARMING OVER A GIVEN TIME 13
PERIOD WHEN COMPARED TO THE SAME MASS OF CARBON DIOXIDE . 14
(E) “GREENHOUSE GAS ” HAS THE MEANING STATED I N § 2–1202 OF THE 15
ENVIRONMENT ARTICLE. 16
4–902. 17
IN ADMINISTERING THIS SUBTITLE, THE DEPARTMENT SHALL STRI VE TO 18
ACHIEVE A CONTINUOUS REDUCTION OF GREENHO USE GAS EMISSIONS OV ER TIME. 19
4–903. 20
(A) ON OR BEFORE JANUARY 1, 2025, THE DEPARTMENT SHALL ESTABLISH 21
A MAXIMUM ACCEPTABLE GLOBAL WARMING POTEN TIAL FOR EACH CATEGO RY OF 22
ELIGIBLE MATERIALS U SED IN AN ELIGIBLE P ROJECT IN ACCORDANCE WITH THIS 23
SECTION. 24
(B) THE DEPARTMENT SHALL : 25
(1) BASE THE MAXIMUM ACC EPTABLE GLOBAL WARMI NG POTENTIAL 26
ON THE INDUSTRY AVER AGE OF GLOBAL WARMIN G POTENTIAL EMISSION S FOR THAT 27
MATERIAL; 28
HOUSE BILL 261 3
(2) DETERMINE THE INDUST RY AVERAGE OF GLOBAL WARMING 1
POTENTIAL EMISSIONS , WHICH MAY INCLUDE TR ANSPORTATION –RELATED 2
EMISSIONS, BY CONSULTING NATION ALLY OR INTERNATIONA LLY RECOGNIZED 3
DATABASES OF ENVIRON MENTAL PRODUCT DECLA RATIONS; AND 4
(3) EXPRESS THE MAXIMUM ACCEPTABLE GLOBAL WA RMING 5
POTENTIAL AS A NUMBE R THAT STATES THE MA XIMUM ACCEPTABLE GLO BAL 6
WARMING POTENTIAL FO R EACH CATEGORY OF E LIGIBLE MATERIALS , CONSISTENT 7
WITH CRITERIA IN AN ENVIR ONMENTAL PRODUCT DEC LARATION. 8
(C) THE DEPARTMENT MAY : 9
(1) ESTABLISH ADDITIONAL SUBCATEGORIES WITHIN EACH 10
CATEGORY OF ELIGIBLE MATERIAL WITH DISTIN CT MAXIMUM ACCEPTABL E GLOBAL 11
WARMING POTENTIAL LI MITS; 12
(2) ESTABLISH A MAXIMUM ACCEPTABLE GLOBAL WARMI NG 13
POTENTIAL FOR EACH M ATERIAL CATEGORY IN THE AGGREGATE ; AND 14
(3) CONSULT WITH ANY OTH ER RELEVANT UNIT OF STATE 15
GOVERNMENT WHEN ESTA BLISHING A MAXIMUM A CCEPTABLE GLOBAL WAR MING 16
POTENTIAL FOR EACH C ATEGORY OF ELIGIBLE MATERIALS USED IN AN ELIGIBLE 17
PROJECT. 18
(D) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , BY JANUARY 19
1, 2028, AND EVERY 3 YEARS THEREAFTER , THE DEPARTMENT SHALL REVI EW THE 20
MAXIMUM ACCEPTABLE G LOBAL WARMING POTENT IAL FOR EACH CATEGOR Y OF 21
ELIGIBLE MATERIALS A ND MAY ADJ UST THE POTENTIAL FO R ANY CATEGORY TO 22
REFLECT INDUSTRY CON DITIONS. 23
(2) THE DEPARTMENT MAY NOT AD JUST THE GLOBAL WARM ING 24
POTENTIAL UPWARD FOR ANY CATEGORY OF ELIG IBLE MATERIAL. 25
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 26
as follows: 27
Article – State Finance and Procurement 28
4–904. 29
(A) (1) FOR ANY SOLICITATION FOR A CONTRACT FOR A N ELIGIBLE 30
PROJECT, A UNIT OF STATE GOVERNMENT SHAL L SPECIFY THE ELIGIB LE 31
MATERIALS THAT WILL BE USED IN THE PROJE CT AND THE REASONABL E MINIMUM 32 4 HOUSE BILL 261
USAGE THRESHOLDS BEL OW WHICH THE REQUIRE MENTS OF THIS SECTIO N DO NOT 1
APPLY. 2
(2) A UNIT OF STATE GOVERNMENT MAY INCLUDE IN A SOLICITATION 3
FOR AN ELIGIBLE PROJ ECT A GLOBAL WARMING POT ENTIAL FOR ANY ELIGI BLE 4
MATERIAL THAT IS LOW ER THAN THE MAXIMUM ACCEPTAB LE GLOBAL WARMING 5
POTENTIAL FOR THAT M ATERIAL AS DETERMINE D UNDER § 4–903 OF THIS 6
SUBTITLE. 7
(B) THE DEPARTMENT SHALL REQU IRE A SUCCESSFUL BID DER OR 8
OFFEROR OF AN ELIGIB LE PROJECT TO SUBMIT , FOR EACH ELIGIBLE MA TERIAL 9
PROPOSED TO BE USED IN THE ELIGIBLE P ROJECT: 10
(1) A CURRENT ENVIRONMEN TAL PRODUCT DECLARAT ION, TYPE III, 11
AS DEFINED BY THE INTERNATIONAL ORGANIZATION FOR STANDARDIZATION 12
STANDARD 14025; OR 13
(2) A SIMILARLY ROBUST L IFE CYCLE ASSESSMENT METHOD THAT 14
INCLUDES UNIFORM STA NDARDS IN DATA COLLE CTION. 15
(C) A CONTRACTOR MAY NOT I NSTALL ANY ELIGIBLE MATERIALS ON THE 16
ELIGIBLE PROJECT UNT IL THE CONTRACTOR SU BMITS A FACILITY –SPECIFIC 17
ENVIRONMENTAL PRODUC T DECLARATION FOR TH AT ELIGIBLE MATERIAL AS 18
REQUIRED UNDER SUBSE CTION (B) OF THIS SECTION. 19
(D) IF AN ENVIRONMENTAL PRO DUCT DECLARATION IS NOT AVAILABLE FOR 20
AN ELIGIBLE MATERIAL , THE CONTRACTOR SHALL NOTIFY THE UNIT AND USE AN 21
ALTERNATIVE ELIGIBLE MATERIAL WITH AN ENV IRONMENTAL PRODUCT 22
DECLARATION . 23
(E) THE DEPARTMENT MAY WAIVE THE REQUIREMENTS OF THIS SECTION 24
IF IT DETERMINES THA T REQUIRING THE RELE VANT ELIGIBLE MATERI ALS WOULD: 25
(1) BE TECHNICALLY INFEA SIBLE; 26
(2) RESULT IN A SIGNIFIC ANT INCREASE IN PROJ ECT COST; 27
(3) RESULT IN A SIGNIFIC ANT DELAY IN PROJECT COMPLETION ; OR 28
(4) RESULT IN ONLY ONE SOURCE OR M ANUFACTURER BEING AB LE 29
TO PROVIDE THE NECES SARY MATERIALS . 30
4–905. 31 HOUSE BILL 261 5
(A) ON OR BEFORE DECEMBER 1, 2025, AND EACH YEAR THEREA FTER, THE 1
DEPARTMENT SHALL SUBM IT AN ANNUAL REPORT , IN ACCORDANCE WITH § 2–1257 2
OF THE STATE GOVERNMENT ARTICLE, TO THE GENERAL ASSEMBLY THAT 3
INCLUDES: 4
(1) WHAT THE DEPARTMENT HAS LEARNE D ABOUT HOW TO IDENT IFY 5
AND QUANTIFY EMBODIE D CARBON IN BUILDING MATERIALS, INCLUDING LIFE 6
CYCLE COSTS; AND 7
(2) ANY OBSTACLES THE DEPARTMENT , BIDDERS, OR OFFERORS 8
HAVE ENCOUNTE RED IN IDENTIFYING A ND QUANTIFYING EMBOD IED CARBON IN 9
BUILDING MATERIALS . 10
(B) THE REPORT SUBMITTED ON OR BEFORE DECEMBER 1, 2025, SHALL 11
INCLUDE A DESCRIPTIO N OF THE METHOD THAT THE DEPARTMENT USED TO 12
DEVELOP THE MAXIMUM ACCEPTABLE GLOBAL WA RMING POTENTIA L FOR EACH 13
CATEGORY OF ELIGIBLE MATERIALS. 14
SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 15
effect July 1, 2025. 16
SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section 17
3 of this Act, this Act shall take effect July 1, 2023. 18