EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0424*
SENATE BILL 424
P2 3lr1279
SB 961/22 – B&T CF HB 261
By: Senators Elfreth and Feldman
Introduced and read first time: February 2, 2023
Assigned to: Budget and Taxation
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 23, 2023
CHAPTER ______
AN ACT concerning 1
Public Projects – Global Warming Potential of Materials 2
Eligible Projects – Procurement of Construction Materials 3
(Buy Clean Maryland Act) 4
FOR the purpose of requiring producers of eligible materials to submit certain declarations 5
to the Department of General Services by a certain date; requiring the Department 6
to assess and to establish a maximum acceptable global warming potential for 7
certain categories of eligible materials used in certain eligible projects; requiring the 8
Department to review the maximum acceptable global warming potential for each 9
category of eligible materials and authorizing the Department to make certain 10
adjustments according to a certain schedule; prohibiting the Department from 11
increasing the maximum acceptable global warming potential for a category of 12
eligible materials; requiring a unit of State government to specify the eligible 13
materials that will be used in an eligible project in the solicitation for an eligible 14
project; requiring a successful bidder or offeror of an eligible project to submit certain 15
information about each eligible material proposed to be used in an eligible project; 16
prohibiting a contractor from installing any eligible materials on an eligible project 17
until the contractor submits the required information for the eligible material; 18
authorizing the Department to waive certain requirements concerning the use of 19
eligible materials on eligible projects under certain circumstances; providing that the 20
Department shall strive to achieve a continuous reduction of greenhouse gas 21
emissions over time; establishing an Environmental Product Declaration Assistance 22
Fund for a certain purpose; and generally relating to the global warming potential 23
of materials in public eligible projects. 24
2 SENATE BILL 424
BY adding to 1
Article – State Finance and Procurement 2
Section 4–901 through 4–905 to be under the new subtitle “Subtitle 9. Buy Clean 3
Maryland Act” 4
Annotated Code of Maryland 5
(2021 Replacement Volume and 2022 Supplement) 6
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7
That the Laws of Maryland read as follows: 8
Article – State Finance and Procurement 9
SUBTITLE 9. BUY CLEAN MARYLAND ACT. 10
4–901. 11
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 12
INDICATED. 13
(B) “ELIGIBLE MATERIAL ” MEANS ANY CEMENT OR CONCRETE MIXTURE 14
USED IN THE CONSTRUC TION OF A PUBLIC AN ELIGIBLE PROJECT. 15
(C) (1) “ELIGIBLE PROJECT ” MEANS A PUBLIC PROJECT AS DEFINED A 16
CAPITAL PROJECT DESC RIBED IN § 3–602 3–602.1(C) OF THIS ARTICLE. 17
(2) “ELIGIBLE PROJECT ” DOES NOT INCLUDE ANY MAINTENANCE 18
PROGRAM FOR THE UPKE EP OF A PUBLIC AN ELIGIBLE PROJECT. 19
(D) “GLOBAL WAR MING POTENTIAL ” MEANS THE DEGREE THA T A GIVEN 20
MASS OF A CHEMICAL C ONTRIBUTES TO GLOBAL WARMING OVER A GIVEN TIME 21
PERIOD WHEN COMPARED TO THE SAME MASS OF CARBON DIOXIDE . 22
(E) “GREENHOUSE GAS ” HAS THE MEANING STAT ED IN § 2–1202 OF THE 23
ENVIRONMENT ARTICLE. 24
4–902. 25
IN ADMINISTERING THIS SUBTITLE, THE DEPARTMENT SHALL STRI VE TO 26
ACHIEVE A CONTINUOUS REDUCTION OF GREENHO USE GAS EMISSIONS OV ER TIME. 27
4–903. 28
(A) (1) ON OR BEFORE DECEMBER 31, 2024, PRODUCERS OF ELIGIBL E 29
MATERIALS SHALL SUBM IT ENVIRONMENTAL PRO DUCT DECLARATIONS TO THE 30
DEPARTMENT . 31 SENATE BILL 424 3
(2) THE DEPARTMENT SHALL ANAL YZE ENVIRONMENTAL PR ODUCT 1
DECLARATIONS AND ASS ESS GLOBAL WARMING P OTENTIAL FOR ELIGIBL E 2
MATERIALS USED IN AN ELIGIBLE PROJECT IN ACCORDANCE WITH THIS SECTION. 3
(B) ON OR BEFORE JANUARY 1, 2025 2026, THE DEPARTMENT SHALL , IN 4
CONSULTATION WITH TH E DEPARTMENT OF TRANSPORTATION , ESTABLISH A 5
MAXIMUM ACCEPTABLE G LOBAL WARMING POTENT IAL FOR EACH CA TEGORY OF 6
ELIGIBLE MATERIALS U SED IN AN ELIGIBLE P ROJECT IN ACCORDANCE WITH THIS 7
SECTION. 8
(B) (C) 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) (D) 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 LI MITS; 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 C ATEGORY OF ELIGIBLE MATERIALS USED IN AN ELIGIBLE 29
PROJECT. 30
(D) (E) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , BY 31
JANUARY 1, 2028 2029, AND EVERY 3 YEARS THEREAFTER , THE DEPARTMENT 32
SHALL REVIEW THE MAX IMUM ACCEPTABLE GLOB AL WARMING POTENTIAL FOR 33 4 SENATE BILL 424
EACH CATEGORY OF ELI GIBLE MATERIALS AND MAY ADJUST THE POTEN TIAL FOR 1
ANY CATEGORY TO REFL ECT INDUSTRY CONDITI ONS. 2
(2) THE DEPARTMENT MAY NOT AD JUST THE GLOBAL WARM ING 3
POTENTIAL UPWARD FOR ANY CATEGORY OF ELIG IBLE MATERIAL. 4
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 5
as follows: 6
Article – State Finance and Procurement 7
4–904. 8
(A) (1) FOR ANY SOLICITATION FOR A CONTRACT FOR A N ELIGIBLE 9
PROJECT, A UNIT OF STATE GOVERNMENT SHAL L SPECIFY THE ELIGIB LE 10
MATERIALS THAT WILL BE USED IN THE PROJECT AND THE REASONABLE MINIMUM 11
USAGE THRESHOLDS BEL OW WHICH THE REQUIRE MENTS OF THIS SECTIO N DO NOT 12
APPLY. 13
(2) A UNIT OF STATE GOVERNMENT MAY INCLUDE IN A SOLICIT ATION 14
FOR AN ELIGIBLE PROJ ECT A GLOBAL WARMING POTENTIAL FOR ANY ELIGIBLE 15
MATERIAL THAT IS LOW ER THAN THE MAXIMUM ACCEPTABLE GLOBAL WA RMING 16
POTENTIAL FOR THAT M ATERIAL AS DETERMINE D UNDER § 4–903 OF THIS 17
SUBTITLE. 18
(B) THE DEPARTMENT SHALL REQU IRE A SUCCESSFUL BID DER OR 19
OFFEROR OF AN ELIGIB LE PROJECT TO SUBMIT , FOR EACH ELIGIBLE MATERI AL 20
PROPOSED TO BE USED IN THE ELIGIBLE PROJ ECT: 21
(1) A CURRENT ENVIRONMEN TAL PRODUCT DECLARAT ION, TYPE III, 22
AS DEFINED BY THE INTERNATIONAL ORGANIZATION FOR STANDARDIZATION 23
STANDARD 14025; OR 24
(2) A SIMILARLY ROBUST L IFE CYCLE ASSE SSMENT METHOD THAT 25
INCLUDES UNIFORM STA NDARDS IN DATA COLLE CTION. 26
(C) A CONTRACTOR MAY NOT I NSTALL ANY ELIGIBLE MATERIALS ON THE 27
ELIGIBLE PROJECT UNT IL THE CONTRACTOR SU BMITS A FACILITY –SPECIFIC 28
ENVIRONMENTAL PRODUC T DECLARATION FOR TH AT ELIGIBLE MATERIA L AS 29
REQUIRED UNDER SUBSE CTION (B) OF THIS SECTION. 30
(D) IF AN ENVIRONMENTAL P RODUCT DECLARATION I S NOT AVAILABLE FOR 31
AN ELIGIBLE MATERIAL , THE CONTRACTOR SHALL NOTIFY THE UNIT AND USE AN 32 SENATE BILL 424 5
ALTERNATIVE ELIGIBLE MATERIAL WITH AN ENV IRONMENTAL PRODUCT 1
DECLARATION. 2
(E) THE DEPARTMENT MAY WAIVE THE REQUIREMENTS OF THIS SECTION 3
IF IT DETERMINES THA T REQUIRING THE RELE VANT ELIGIBLE MATERI ALS WOULD: 4
(1) BE TECHNICALLY INFEA SIBLE; 5
(2) RESULT IN A SIGNIFIC ANT INCREASE IN PROJ ECT COST; 6
(3) RESULT IN A SIGN IFICANT DELAY IN PRO JECT COMPLETION ; OR 7
(4) RESULT IN ONLY ONE S OURCE OR MANUFACTURE R BEING ABLE 8
TO PROVIDE THE NECES SARY MATERIALS . 9
4–905. 10
(A) ON OR BEFORE DECEMBER 1, 2025, AND EACH YEAR THEREA FTER, THE 11
DEPARTMENT SHALL SUBM IT AN ANNUAL REPORT , IN ACCORDANCE WITH § 2–1257 12
OF THE STATE GOVERNMENT ARTICLE, TO THE GENERAL ASSEMBLY THAT 13
INCLUDES: 14
(1) WHAT THE DEPARTMENT HAS LEARNE D ABOUT HOW TO IDENT IFY 15
AND QUANTIFY EMBODIE D CARBON IN BUILDING MATERIALS, INCLUDING LIFE 16
CYCLE COSTS; AND 17
(2) ANY OBSTACLES THE DEPARTMENT , BIDDERS, OR OFFERORS 18
HAVE ENCOUNTERED IN IDENTIFYING AND QUAN TIFYING EMBODIED CAR BON IN 19
BUILDING MATERIALS . 20
(B) THE REPORT SUBMITTED ON OR BEFORE DECEMBER 1, 2025, SHALL 21
INCLUDE A DESCRIPTIO N OF THE METHOD THAT THE DEPARTMENT US ED TO 22
DEVELOP THE MAXIMUM ACCEPTABLE GLOBAL WA RMING POTENTIAL FOR EACH 23
CATEGORY OF ELIGIBLE MATERIALS. 24
SECTION 3. AND BE IT FURTHER ENACTED, That: 25
(a) (1) There is an Environmental Product Declaration Assistance Fund. 26
(2) The purpose of the Fund is to award grants to producers of eligible 27
materials to support the development, standardization, and transparency of environmental 28
product declarations for construction materials and products. 29
(b) The Department of Commerce shall administer the Fund. 30
6 SENATE BILL 424
(c) The Fund shall consist of money appropriated in the State budget to the Fund. 1
SECTION 3. 4. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall 2
take effect July 1, 2025 2026. 3
SECTION 5. AND BE IT FURTHER ENACTED, That Section 3 of this Act shall take 4
effect July 1, 2023. It shall remain effective for a period of 1 year and 6 months and, at the 5
end of December 31, 2024, Section 3 of this Act shall be abrogated and of no further force 6
and effect. 7
SECTION 4. 6. AND BE IT FURTHER ENACTED, That, except as provided in 8
Section 3 Sections 4 and 5 of this Act, this Act shall take effect July 1, 2023. 9
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.