EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0258*
SENATE BILL 258
P1, M5 4lr0147
(PRE–FILED) CF HB 130
By: Chair, Education, Energy, and the Environment Committee (By Request –
Departmental – General Services)
Requested: September 18, 2023
Introduced and read first time: January 10, 2024
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Department of General Services – State Buildings and Facilities – Energy 2
Conservation and Greenhouse Gas Emissions Reduction s 3
FOR the purpose of altering the State’s goals for reducing energy consumption in State 4
buildings; requiring the Maryland Green Building Council to update the High 5
Performance Green Building Program to ensure that the Program aligns with certain 6
greenhouse gas emissions reduction goals; requiring the Department of General 7
Services to identify State–owned facilities that are potential candidates for energy 8
performance contracts; altering requirements for certain energy audits, data 9
collection processes, and requests for proposals to address greenhouse gas emissions 10
from State facilities; requiring each unit of State government to implement projects 11
and initiatives to conserve energy and reduce the unit’s greenhouse gas emissions; 12
and generally relating to the conservation of energy in, and reduction of greenhouse 13
gas emissions from, State buildings and facilities. 14
BY repealing and reenacting, with amendments, 15
Article – State Finance and Procurement 16
Section 4–806 17
Annotated Code of Maryland 18
(2021 Replacement Volume and 2023 Supplement) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
Article – State Finance and Procurement 22
4–806. 23
2 SENATE BILL 258
(a) So that it can audit and evaluate competing design proposals, the Department 1
shall set standards for energy performance indices. 2
(b) As experience develops on the energy performance achieved in State buildings, 3
the energy performance indices will serve as a measure of building performance with 4
respect to energy consumption. 5
(c) The Department, in cooperation with the Maryland Energy Administration, 6
shall assist State agencies in reducing, by [2029] 2031, the average energy consumption 7
in State buildings by [10%] 20% from the level in fiscal year 2018. 8
[(d) Each year, the Department shall: 9
(1) analyze all State–owned buildings to identify which buildings are the 10
least energy–efficient; and 11
(2) conduct an energy audit of at least 2,000,000 square feet of the least 12
energy–efficient State–owned buildings. 13
(e) The energy audit shall identify low–cost measures for increasing energy 14
efficiency that, over the following 5 years, will result in energy cost savings that meet or 15
exceed the costs of the measures. 16
(f) The Department shall provide a copy of the energy audit to the head of each 17
unit of State government that occupies the spaces audited. 18
(g) Each unit of State government that occupies the space audited shall 19
implement the measures identified in the energy audit to the fullest extent practicable. 20
(h) For 1 year following the implementation of the measures identified in the 21
energy audit, the Department shall: 22
(1) monitor the unit’s energy use; 23
(2) track any changes resulting from the measures; and 24
(3) calculate any savings on energy costs. 25
(i) (1) In this subsection, “Database” means the Comprehensive Utility 26
Records Management Database. 27
(2) The Department shall establish and maintain the Comprehensive 28
Utility Records Management Database for the purpose of tracking the changes in energy 29
consumption resulting from the implementation of the measures identified in the energy 30
audit. 31
SENATE BILL 258 3
(3) The Department shall collect the data and information necessary to 1
fully populate, update, and maintain the Database. 2
(4) Each month, each unit of State government shall make available to the 3
Department all available data about its facilities and copies of the unit’s utility bills. 4
(j) Each unit of State government shall, in support of the unit’s core missions, 5
implement projects and initiatives to conserve energy and reduce energy consumption. 6
(k) The Department, the Maryland Energy Administration, the Department of 7
Budget and Management, and the Department of Information Technology shall collaborate 8
on designing and implementing other cost –effective and energy–efficient savings 9
initiatives. 10
(l) Beginning July 1, 2020, provisions promoting the State’s energy efficiency 11
goals shall be included in requests for proposals that: 12
(1) are for the leasing of space to the State; and 13
(2) would obligate the State to pay the utility bills for the leased space. 14
(m) Each fiscal year, with the advice and assistance of the Maryland Energy 15
Administration, the Department shall report to the Governor on the State’s progress 16
toward achieving the goal of reducing energy consumption in State buildings by 10%.] 17
(D) ON OR BEFORE OCTOBER 1, 2024, THE MARYLAND GREEN BUILDING 18
COUNCIL SHALL: 19
(1) UPDATE THE HIGH PERFORMANCE GREEN BUILDING PROGRAM 20
AUTHORIZED UNDER § 3–602.1 OF THIS ARTICLE TO ENSURE THAT ALL N EW 21
BUILDINGS AND MAJOR RENOVATIONS SUBJECT TO THE PROGRAM ALIGN WITH TH E 22
STATE’S GOAL OF ACHIEVING NET ZERO GREENHOUSE GAS EMISSIONS BY 2045; AND 23
(2) SUBMIT A COPY OF THE UPDATED PROGRAM TO THE GOVERNOR 24
AND, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE 25
GENERAL ASSEMBLY. 26
(E) (1) THE DEPARTMENT SHALL IDENTIFY STATE–OWNED FACILITIES 27
THAT ARE POTENTIAL CANDIDATES FOR ENERGY SAVINGS P ERFORMANCE 28
CONTRACTS. 29
(2) STATE AGENCIES SHALL PROVI DE ON–SITE SUPPORT TO WORK 30
WITH THE DEPARTMENT AT FACILITIES IDENTIFIED AS CANDIDATES FOR ENERGY 31
SAVINGS PERFORMANCE CONTRACTS UNDER THIS SUBSECTION. 32
4 SENATE BILL 258
(F) (1) EACH YEAR, THE DEPARTMENT SHALL CONDUCT AN ENE RGY AND 1
GREENHOUSE GAS EMISS IONS AUDIT OF AT LEA ST 2,000,000 SQUARE FEET OF 2
STATE–OWNED BUILDINGS . 3
(2) THE AUDIT SHALL INCLU DE BEST PRACTICES AN D IDENTIFY 4
LOW–COST MEASURES FOR IN CREASING ENERGY EFFI CIENCY AND REDUCING 5
GREENHOUSE GAS EMISS IONS. 6
(3) THE DEPARTMENT SHALL PROVIDE A COPY OF THE AUDIT TO THE 7
HEAD OF EACH UNIT OF STATE GOVERNMENT THAT OCCUPIES THE SPACE A UDITED. 8
(4) (I) EACH UNIT OF STATE GOVERNMENT THAT OCCUPIES THE 9
SPACE AUDITED SHALL , TO THE FULLEST EXTEN T PRACTICABLE , IMPLEMENT THE 10
MEASURES IDENT IFIED IN THE AUDIT. 11
(II) FOR 1 YEAR FOLLOWING THE IMPLEMENTATION OF THE 12
MEASURES IDENTIFIED IN THE AUDIT, THE DEPARTMENT SHALL: 13
1. MONITOR THE UNIT ’S ENERGY USE AND GRE ENHOUSE 14
GAS EMISSIONS; 15
2. TRACK ANY CHANGES RE SULTING FROM THE 16
MEASURES; AND 17
3. CALCULATE ANY ENERGY COST SAVINGS AND 18
EMISSIONS REDUCTIONS RESULTING FROM THE MEASURES . 19
(G) (1) IN THIS SUBSECTION , “DATABASE” MEANS THE COMPREHENSIVE 20
UTILITY RECORDS MANAGEMENT DATABASE. 21
(2) THE DEPARTMENT SHALL RECORD REDUCTI ONS IN ENERGY 22
CONSUMPTION AND GREE NHOUSE GAS EMISSIONS RESULTING FROM THE 23
ENERGY–SAVINGS MEASURES IN THE DATABASE. 24
(3) EACH MONTH OR ON REQUEST BY THE DEPARTMENT , EACH UNIT 25
OF STATE GOVERNMENT SHAL L PROVIDE THE DEPARTMENT WITH ACCESS TO 26
AVAILABLE DATA ABOUT THE UNIT’S FACILITIES AND COPIES OF THE UN IT’S UTILITY 27
BILLS. 28
(4) THE DEPARTMENT SHALL REPORT TO THE GOVERNOR 29
ANNUALLY ON EACH UNI T’S DATA COMPLIANCE . 30
SENATE BILL 258 5
(5) THE DEPARTMENT SHALL USE THE FACILI TY DATA AND UTILITY 1
BILL INFORMATION PROVIDED UNDER THIS SUBSECTION TO FULLY POPULATE , 2
UPDATE, AND MAINTAIN THE DATABASE. 3
(H) EACH UNIT OF STATE GOVERNMENT SHAL L, IN SUPPORT OF THE UNIT’S 4
CORE MISSIONS , IMPLEMENT PROJECTS A ND INITIATIVES TO CO NSERVE ENERGY 5
AND REDUCE THE UNIT’S GREENHOUSE GAS EMISS IONS. 6
(I) PROVISIONS PROMOTING THE STATE’S ENERGY EFFICIENCY AND 7
GREENHOUSE GAS EMISS IONS REDUCTION GOALS SHALL BE INCLUDED IN EACH 8
REQUEST FOR PROPOSAL S THAT: 9
(1) IS FOR THE LEASING OF S PACE TO THE STATE; AND 10
(2) WOULD OBLIGATE THE STATE TO PAY THE UTIL ITY BILLS FOR THE 11
LEASED SPACE . 12
(J) EACH FISCAL YEAR , THE DEPARTMENT SHALL REPORT TO THE 13
GOVERNOR ON THE STATE’S PROGRESS TOWARD AC HIEVING THE GOAL OF 14
REDUCING ENERGY CONS UMPTION IN STATE BUILDINGS BY 20%. 15
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 16
1, 2024. 17