MD
Maryland Senate Bill SB258

Maryland 2024 Regular Session

Maryland Senate Bill SB258 Compare Versions

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1- WES MOORE, Governor Ch. 423
21
3-– 1 –
4-Chapter 423
5-(Senate Bill 258)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *sb0258*
89
9-Department of General Services – State Buildings and Facilities – Energy
10-Conservation and Greenhouse Gas Emissions Reduction s
10+SENATE BILL 258
11+P1, M5 4lr0147
12+ (PRE–FILED) CF HB 130
13+By: Chair, Education, Energy, and the Environment Committee (By Request –
14+Departmental – General Services)
15+Requested: September 18, 2023
16+Introduced and read first time: January 10, 2024
17+Assigned to: Education, Energy, and the Environment
18+Committee Report: Favorable
19+Senate action: Adopted
20+Read second time: February 17, 2024
1121
12-FOR the purpose of altering the State’s goals for reducing energy consumption in State
13-buildings; requiring the Maryland Green Building Council to update the High
14-Performance Green Building Program to ensure that the Program aligns with certain
15-greenhouse gas emissions reduction goals; requiring the Department of General
16-Services to identify State–owned facilities that are potential candidates for energy
17-performance contracts; altering requirements for certain energy audits, data
18-collection processes, and requests for proposals to address greenhouse gas emissions
19-from State facilities; requiring each unit of State government to implement projects
20-and initiatives to conserve energy and reduce the unit’s greenhouse gas emissions;
21-and generally relating to the conservation of energy in, and reduction of greenhouse
22-gas emissions from, State buildings and facilities.
22+CHAPTER ______
2323
24-BY repealing and reenacting, with amendments,
25- Article – State Finance and Procurement
26- Section 4–806
27- Annotated Code of Maryland
28- (2021 Replacement Volume and 2023 Supplement)
24+AN ACT concerning 1
2925
30- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
31-That the Laws of Maryland read as follows:
26+Department of General Services – State Buildings and Facilities – Energy 2
27+Conservation and Greenhouse Gas Emissions Reduction s 3
3228
33-Article – State Finance and Procurement
29+FOR the purpose of altering the State’s goals for reducing energy consumption in State 4
30+buildings; requiring the Maryland Green Building Council to update the High 5
31+Performance Green Building Program to ensure that the Program aligns with certain 6
32+greenhouse gas emissions reduction goals; requiring the Department of General 7
33+Services to identify State–owned facilities that are potential candidates for energy 8
34+performance contracts; altering requirements for certain energy audits, data 9
35+collection processes, and requests for proposals to address greenhouse gas emissions 10
36+from State facilities; requiring each unit of State government to implement projects 11
37+and initiatives to conserve energy and reduce the unit’s greenhouse gas emissions; 12
38+and generally relating to the conservation of energy in, and reduction of greenhouse 13
39+gas emissions from, State buildings and facilities. 14
3440
35-4–806.
41+BY repealing and reenacting, with amendments, 15
42+ Article – State Finance and Procurement 16
43+ Section 4–806 17
44+ Annotated Code of Maryland 18
45+ (2021 Replacement Volume and 2023 Supplement) 19
3646
37- (a) So that it can audit and evaluate competing design proposals, the Department
38-shall set standards for energy performance indices.
47+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF M ARYLAND, 20
48+That the Laws of Maryland read as follows: 21 2 SENATE BILL 258
3949
40- (b) As experience develops on the energy performance achieved in State buildings,
41-the energy performance indices will serve as a measure of building performance with
42-respect to energy consumption.
4350
44- (c) The Department, in cooperation with the Maryland Energy Administration,
45-shall assist State agencies in reducing, by [2029] 2031, the average energy consumption
46-in State buildings by [10%] 20% from the level in fiscal year 2018.
4751
48- [(d) Each year, the Department shall: Ch. 423 2024 LAWS OF MARYLAND
52+Article – State Finance and Procurement 1
4953
50-– 2 –
54+4–806. 2
5155
52- (1) analyze all State–owned buildings to identify which buildings are the
53-least energy–efficient; and
56+ (a) So that it can audit and evaluate competing design proposals, the Department 3
57+shall set standards for energy performance indices. 4
5458
55- (2) conduct an energy audit of at least 2,000,000 square feet of the least
56-energy–efficient State–owned buildings.
59+ (b) As experience develops on the energy performance achieved in State buildings, 5
60+the energy performance indices will serve as a measure of building performance with 6
61+respect to energy consumption. 7
5762
58- (e) The energy audit shall identify low–cost measures for increasing energy
59-efficiency that, over the following 5 years, will result in energy cost savings that meet or
60-exceed the costs of the measures.
63+ (c) The Department, in cooperation with the Maryland Energy Administration, 8
64+shall assist State agencies in reducing, by [2029] 2031, the average energy consumption 9
65+in State buildings by [10%] 20% from the level in fiscal year 2018. 10
6166
62- (f) The Department shall provide a copy of the energy audit to the head of each
63-unit of State government that occupies the spaces audited.
67+ [(d) Each year, the Department shall: 11
6468
65- (g) Each unit of State government that occupies the space audited shall
66-implement the measures identified in the energy audit to the fullest extent practicable.
69+ (1) analyze all State–owned buildings to identify which buildings are the 12
70+least energy–efficient; and 13
6771
68- (h) For 1 year following the implementation of the measures identified in the
69-energy audit, the Department shall:
72+ (2) conduct an energy audit of at least 2,000,000 square feet of the least 14
73+energy–efficient State–owned buildings. 15
7074
71- (1) monitor the unit’s energy use;
75+ (e) The energy audit shall identify low–cost measures for increasing energy 16
76+efficiency that, over the following 5 years, will result in energy cost savings that meet or 17
77+exceed the costs of the measures. 18
7278
73- (2) track any changes resulting from the measures; and
79+ (f) The Department shall provide a copy of the energy audit to the head of each 19
80+unit of State government that occupies the spaces audited. 20
7481
75- (3) calculate any savings on energy costs.
82+ (g) Each unit of State government that occupies the space audited shall 21
83+implement the measures identified in the energy audit to the fullest extent practicable. 22
7684
77- (i) (1) In this subsection, “Database” means the Comprehensive Utility
78-Records Management Database.
85+ (h) For 1 year following the implementation of the measures identified in the 23
86+energy audit, the Department shall: 24
7987
80- (2) The Department shall establish and maintain the Comprehensive
81-Utility Records Management Database for the purpose of tracking the changes in energy
82-consumption resulting from the implementation of the measures identified in the energy
83-audit.
88+ (1) monitor the unit’s energy use; 25
8489
85- (3) The Department shall collect the data and information necessary to
86-fully populate, update, and maintain the Database.
90+ (2) track any changes resulting from the measures; and 26
8791
88- (4) Each month, each unit of State government shall make available to the
89-Department all available data about its facilities and copies of the unit’s utility bills.
92+ (3) calculate any savings on energy costs. 27
9093
91- (j) Each unit of State government shall, in support of the unit’s core missions,
92-implement projects and initiatives to conserve energy and reduce energy consumption.
94+ (i) (1) In this subsection, “Database” means the Comprehensive Utility 28
95+Records Management Database. 29
96+ SENATE BILL 258 3
9397
94- (k) The Department, the Maryland Energy Administration, the Department of
95-Budget and Management, and the Department of Information Technology shall collaborate WES MOORE, Governor Ch. 423
9698
97-– 3 –
98-on designing and implementing other cost–effective and energy–efficient savings
99-initiatives.
99+ (2) The Department shall establish and maintain the Comprehensive 1
100+Utility Records Management Database for the purpose of tracking the changes in energy 2
101+consumption resulting from the implementation of the measures identified in the energy 3
102+audit. 4
100103
101- (l) Beginning July 1, 2020, provisions promoting the State’s energy efficiency
102-goals shall be included in requests for proposals that:
104+ (3) The Department shall collect the data and information necessary to 5
105+fully populate, update, and maintain the Database. 6
103106
104- (1) are for the leasing of space to the State; and
107+ (4) Each month, each unit of State government shall make available to the 7
108+Department all available data about its facilities and copies of the unit’s utility bills. 8
105109
106- (2) would obligate the State to pay the utility bills for the leased space.
110+ (j) Each unit of State government shall, in support of the unit’s core missions, 9
111+implement projects and initiatives to conserve energy and reduce energy consumption. 10
107112
108- (m) Each fiscal year, with the advice and assistance of the Maryland Energy
109-Administration, the Department shall report to the Governor on the State’s progress
110-toward achieving the goal of reducing energy consumption in State buildings by 10%.]
113+ (k) The Department, the Maryland Energy Administration, the Department of 11
114+Budget and Management, and the Department of Information Technology shall collaborate 12
115+on designing and implementing other cost –effective and energy–efficient savings 13
116+initiatives. 14
111117
112- (D) ON OR BEFORE OCTOBER 1, 2024, THE MARYLAND GREEN BUILDING
113-COUNCIL SHALL:
118+ (l) Beginning July 1, 2020, provisions promoting the State’s energy efficiency 15
119+goals shall be included in requests for proposals that: 16
114120
115- (1) UPDATE THE HIGH PERFORMANCE GREEN BUILDING PROGRAM
116-AUTHORIZED UNDER § 3–602.1 OF THIS ARTICL E TO ENSURE THAT ALL N EW
117-BUILDINGS AND MAJOR RENOVATIONS SUBJECT TO THE PROGRAM ALIGN WITH TH E
118-STATE’S GOAL OF ACHIEVING NET ZERO GREENHOUSE GAS EMISSIONS BY 2045; AND
121+ (1) are for the leasing of space to the State; and 17
119122
120- (2) SUBMIT A COPY OF THE UPDATED PROGRAM TO THE GOVERNOR
121-AND, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE
122-GENERAL ASSEMBLY.
123+ (2) would obligate the State to pay the utility bills for the leased space. 18
123124
124- (E) (1) THE DEPARTMENT SHALL IDENTIFY STATE–OWNED FACILITIES
125-THAT ARE POTENTIAL CANDIDATES FOR ENERGY SAVINGS P ERFORMANCE
126-CONTRACTS.
125+ (m) Each fiscal year, with the advice and assistance of the Maryland Energy 19
126+Administration, the Department shall report to the Governor on the State’s progress 20
127+toward achieving the goal of reducing energy consumption in State buildings by 10%.] 21
127128
128- (2) STATE AGENCIES SHALL PROVI DE ON–SITE SUPPORT TO WORK
129-WITH THE DEPARTMENT AT FACILITIES IDENTIFIED AS CANDIDATES FOR ENERGY
130-SAVINGS PERFORMANCE CONTRACTS UNDER THIS SUBSECTION.
129+ (D) ON OR BEFORE OCTOBER 1, 2024, THE MARYLAND GREEN BUILDING 22
130+COUNCIL SHALL: 23
131131
132- (F) (1) EACH YEAR, THE DEPARTMENT SHALL CONDUCT AN ENE RGY AND
133-GREENHOUSE GAS EMISS IONS AUDIT OF AT LEA ST 2,000,000 SQUARE FEET OF
134-STATE–OWNED BUILDINGS .
132+ (1) UPDATE THE HIGH PERFORMANCE GREEN BUILDING PROGRAM 24
133+AUTHORIZED UNDER § 3–602.1 OF THIS ARTICLE TO ENSURE THAT ALL N EW 25
134+BUILDINGS AND MAJOR RENOVATIONS SUBJECT TO THE PROGRAM ALIGN WITH TH E 26
135+STATE’S GOAL OF ACHIEVING NET ZERO GREENHOUSE GAS EMISSIONS BY 2045; AND 27
135136
136- (2) THE AUDIT SHALL INCLU DE BEST PRACTICES AN D IDENTIFY
137-LOW–COST MEASURES FOR IN CREASING ENERGY EFFI CIENCY AND REDUCING
138-GREENHOUSE GAS EMISS IONS.
137+ (2) SUBMIT A COPY OF THE UPDATED PROGRAM TO THE GOVERNOR 28
138+AND, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE 29
139+GENERAL ASSEMBLY. 30
139140
140- (3) THE DEPARTMENT SHALL PROVIDE A COPY OF THE AUDIT TO THE
141-HEAD OF EACH UNIT OF STATE GOVERNMENT THAT OCCUPIES THE SPACE A UDITED. Ch. 423 2024 LAWS OF MARYLAND
141+ (E) (1) THE DEPARTMENT SHALL IDENTIFY STATE–OWNED FACILITIES 31
142+THAT ARE POTENTIAL CANDIDATES FOR ENERGY SAVINGS P ERFORMANCE 32
143+CONTRACTS. 33
144+ 4 SENATE BILL 258
142145
143-– 4 –
144146
145- (4) (I) EACH UNIT OF STATE GOVERNMENT THAT OCCUPIES THE
146-SPACE AUDITED SHALL , TO THE FULLEST EXTEN T PRACTICABLE , IMPLEMENT THE
147-MEASURES IDENT IFIED IN THE AUDIT.
147+ (2) STATE AGENCIES SHALL PROVI DE ON–SITE SUPPORT TO WORK 1
148+WITH THE DEPARTMENT AT FACILITIES IDENTIFIED AS CANDIDATES FOR ENERGY 2
149+SAVINGS PERFORMANCE CONTRACTS UNDER THIS SUBSECTION. 3
148150
149- (II) FOR 1 YEAR FOLLOWING THE IMPLEMENTATION OF THE
150-MEASURES IDENTIFIED IN THE AUDIT, THE DEPARTMENT SHALL:
151+ (F) (1) EACH YEAR, THE DEPARTMENT SHALL CONDUCT AN ENE RGY AND 4
152+GREENHOUSE GAS EMISS IONS AUDIT OF AT LEA ST 2,000,000 SQUARE FEET OF 5
153+STATE–OWNED BUILDINGS . 6
151154
152- 1. MONITOR THE UNIT ’S ENERGY USE AND GRE ENHOUSE
153-GAS EMISSIONS;
155+ (2) THE AUDIT SHALL INCLU DE BEST PRACTICES AN D IDENTIFY 7
156+LOW–COST MEASURES FOR IN CREASING ENERGY EFFI CIENCY AND REDUCING 8
157+GREENHOUSE GAS EMISS IONS. 9
154158
155- 2. TRACK ANY CHANGES RE SULTING FROM THE
156-MEASURES; AND
159+ (3) THE DEPARTMENT SHALL PROVIDE A COPY OF THE AUDIT TO THE 10
160+HEAD OF EACH UNIT OF STATE GOVERNMENT THAT OCCUPIES THE SPACE AUDITED . 11
157161
158- 3. CALCULATE ANY ENERGY COST SAVINGS AND
159-EMISSIONS REDUCTIONS RESULTING FROM THE MEASURES .
162+ (4) (I) EACH UNIT OF STATE GOVERNMENT THAT OCCUPIES THE 12
163+SPACE AUDITED SHALL , TO THE FULLEST EXTEN T PRACTICABLE , IMPLEMENT THE 13
164+MEASURES IDENTIFIED IN THE AUDIT. 14
160165
161- (G) (1) IN THIS SUBSECTION , “DATABASE” MEANS THE COMPREHENSIVE
162-UTILITY RECORDS MANAGEMENT DATABASE.
166+ (II) FOR 1 YEAR FOLLOWING THE IMPLEMENTATION OF THE 15
167+MEASURES IDENTIFIED IN THE AUDIT, THE DEPARTMENT SHALL: 16
163168
164- (2) THE DEPARTMENT SHALL RECORD REDUCTI ONS IN ENERGY
165-CONSUMPTION AND GREE NHOUSE GAS EMISSIONS RESULTING FROM THE
166-ENERGY–SAVINGS MEASURES IN THE DATABASE.
169+ 1. MONITOR THE UNIT ’S ENERGY USE AND GRE ENHOUSE 17
170+GAS EMISSIONS; 18
167171
168- (3) EACH MONTH OR ON REQUEST BY THE DEPARTMENT , EACH UNIT
169-OF STATE GOVERNMENT SHAL L PROVIDE THE DEPARTMENT WITH ACCESS TO
170-AVAILABLE DATA ABOUT THE UNIT’S FACILITIES AND COPIES OF THE UN IT’S UTILITY
171-BILLS.
172+ 2. TRACK ANY CHANGES RE SULTING FROM THE 19
173+MEASURES; AND 20
172174
173- (4) THE DEPARTMENT SHALL REPORT TO THE GOVERNOR
174-ANNUALLY ON EACH UNI T’S DATA COMPLIANCE .
175+ 3. CALCULATE ANY ENERGY COST SAVINGS AND 21
176+EMISSIONS REDUCTIONS RESULTING FROM TH E MEASURES. 22
175177
176- (5) THE DEPARTMENT SHALL USE THE FACILI TY DATA AND UTILITY
177-BILL INFORMATION PROVIDED UNDER THIS SUBSECTION TO FULLY POPULATE ,
178-UPDATE, AND MAINTAIN THE DATABASE.
178+ (G) (1) IN THIS SUBSECTION , “DATABASE” MEANS THE COMPREHENSIVE 23
179+UTILITY RECORDS MANAGEMENT DATABASE. 24
179180
180- (H) EACH UNIT OF STATE GOVERNMENT SHAL L, IN SUPPORT OF THE UNIT’S
181-CORE MISSIONS , IMPLEMENT PROJECTS A ND INITIATIVES TO CO NSERVE ENERGY
182-AND REDUCE THE UNIT’S GREENHOUSE GAS EMISS IONS.
181+ (2) THE DEPARTMENT SHALL RECORD REDUCTI ONS IN ENERGY 25
182+CONSUMPTION AND GREE NHOUSE GAS EMISSIONS RESULTING FROM THE 26
183+ENERGY–SAVINGS MEASURES IN THE DATABASE. 27
183184
184- (I) PROVISIONS PROMOTING THE STATE’S ENERGY EFFICIENCY AND
185-GREENHOUSE GAS EMISS IONS REDUCTION GOALS SHALL BE INCLUDED IN EACH
186-REQUEST FOR PROPOSAL S THAT: WES MOORE, Governor Ch. 423
185+ (3) EACH MONTH OR ON REQUEST BY THE DEPARTMENT , EACH UNIT 28
186+OF STATE GOVERNMENT SHAL L PROVIDE THE DEPARTMENT WITH ACCESS TO 29
187+AVAILABLE DATA ABOUT THE UNIT’S FACILITIES AND COPIES OF THE UN IT’S UTILITY 30
188+BILLS. 31
189+ SENATE BILL 258 5
187190
188-– 5 –
189191
190- (1) IS FOR THE LEASING OF S PACE TO THE STATE; AND
192+ (4) THE DEPARTMENT SHALL REPORT TO THE GOVERNOR 1
193+ANNUALLY ON EACH UNI T’S DATA COMPLIANCE . 2
191194
192- (2) WOULD OBLIGATE THE STATE TO PAY THE UTIL ITY BILLS FOR THE
193-LEASED SPACE .
195+ (5) THE DEPARTMENT SHALL USE THE FACILI TY DATA AND UTILITY 3
196+BILL INFORMATION PROVIDED UNDER THIS SUBSECTION TO FULLY POPULATE , 4
197+UPDATE, AND MAINTAIN THE DATABASE. 5
194198
195- (J) EACH FISCAL YEAR , THE DEPARTMENT SHALL REPORT TO THE
196-GOVERNOR ON THE STATE’S PROGRESS TOWARD AC HIEVING THE GOAL OF
197-REDUCING ENERGY CONS UMPTION IN STATE BUILDINGS BY 20%.
199+ (H) EACH UNIT OF STATE GOVERNMENT SHAL L, IN SUPPORT OF THE UNIT’S 6
200+CORE MISSIONS , IMPLEMENT PROJECTS A ND INITIATIVES TO CO NSERVE ENERGY 7
201+AND REDUCE THE UNIT’S GREENHOUSE GAS EMISS IONS. 8
198202
199- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
200-1, 2024.
203+ (I) PROVISIONS PROMOTING THE STATE’S ENERGY EFFICIENCY AND 9
204+GREENHOUSE GAS EMISS IONS REDUCTION GOALS SHALL BE INCLUDED IN EACH 10
205+REQUEST FOR PROPOSAL S THAT: 11
201206
202-Approved by the Governor, May 9, 2024.
207+ (1) IS FOR THE LEASING OF S PACE TO THE STATE; AND 12
208+
209+ (2) WOULD OBLIGATE THE STATE TO PAY THE UTIL ITY BILLS FOR THE 13
210+LEASED SPACE . 14
211+
212+ (J) EACH FISCAL YEAR , THE DEPARTMENT SHALL REPORT TO THE 15
213+GOVERNOR ON THE STATE’S PROGRESS TOWARD AC HIEVING THE GOAL OF 16
214+REDUCING ENERGY CONS UMPTION IN STATE BUILDINGS BY 20%. 17
215+
216+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 18
217+1, 2024. 19
218+
219+
220+
221+Approved:
222+________________________________________________________________________________
223+ Governor.
224+________________________________________________________________________________
225+ President of the Senate.
226+________________________________________________________________________________
227+ Speaker of the House of Delegates.