EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. *hb1414* HOUSE BILL 1414 M3, M5 5lr1171 CF SB 479 By: Delegates Hartman, Adams, Arentz, Baker, Beauchamp, Bouchat, Buckel, Chisholm, Ciliberti, Ghrist, Griffith, Hinebaugh, Hornberger, Howard, Hutchinson, Jacobs, Kipke, R. Long, Mangione, McComas, Miller, T. Morgan, Nkongolo, Otto, Pippy, Reilly, Rose, Schmidt, Stonko, Szeliga, Tomlinson, Valentine, and Wivell Introduced and read first time: February 7, 2025 Assigned to: Environment and Transportation A BILL ENTITLED AN ACT concerning 1 Building Energy Performance Standards – Public Safety, Emergency, and 2 Public Utility Buildings – Exclusion 3 (Safe Solutions Now Act of 2025) 4 FOR the purpose of altering the definition of “covered building” for purposes of certain 5 building energy performance standards to exclude certain public safety, emergency, 6 and public utility buildings; and generally relating to building energy performance 7 standards and covered buildings. 8 BY repealing and reenacting, without amendments, 9 Article – Environment 10 Section 2–1601(a) and (f) and 2–1602 11 Annotated Code of Maryland 12 (2013 Replacement Volume and 2024 Supplement) 13 BY repealing and reenacting, with amendments, 14 Article – Environment 15 Section 2–1601(e) 16 Annotated Code of Maryland 17 (2013 Replacement Volume and 2024 Supplement) 18 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19 That the Laws of Maryland read as follows: 20 Article – Environment 21 2–1601. 22 2 HOUSE BILL 1414 (a) In this subtitle the following words have the meanings indicated. 1 (e) (1) “Covered building” means a building that: 2 (i) 1. Is a commercial or multifamily residential building in the 3 State; or 4 2. Is owned by the State; and 5 (ii) Has a gross floor area of 35,000 square feet or more, excluding 6 the parking garage area. 7 (2) “Covered building” does not include: 8 (i) A building designated as a historic property under federal, State, 9 or local law; 10 (ii) A public or nonpublic elementary or secondary school building; 11 (iii) A manufacturing building; [or] 12 (iv) An agricultural building; 13 (V) A PUBLIC BUILDING DESI GNATED BY ANY UNIT OF 14 FEDERAL, STATE, OR LOCAL GOVERNMENT FOR: 15 1. PUBLIC SAFETY PURPOSE S; OR 16 2. USE AS AN EMERGENCY STORM SHELT ER; OR 17 (VI) A PUBLIC UTILITY BUILDING. 18 (f) “Direct greenhouse gas emissions” means greenhouse gas emissions produced 19 on–site by covered buildings. 20 2–1602. 21 (a) The Department shall develop building energy performance standards for 22 covered buildings that achieve: 23 (1) A 20% reduction in net direct greenhouse gas emissions on or before 24 January 1, 2030, as compared with 2025 levels for average buildings of similar construction; 25 and 26 (2) Net–zero direct greenhouse gas emissions on or before January 1, 2040. 27 HOUSE BILL 1414 3 (b) To facilitate the development of building energy performance standards under 1 this section, the Department shall require the owners of covered buildings to measure and 2 report direct emissions data to the Department annually beginning in 2025. 3 (c) (1) On or before June 1, 2023, the Department shall adopt regulations to 4 implement this section. 5 (2) Regulations adopted under this section shall: 6 (i) Subject to items (ii) and (iii) of this paragraph, include energy 7 use intensity targets by building type; 8 (ii) As necessary, include special provisions or exceptions to account 9 for: 10 1. Building age; 11 2. Regional differences; 12 3. The unique needs of particular building or occupancy 13 types, including health care facilities, laboratories, assisted living and nursing facilities, 14 military buildings, critical infrastructure, and buildings used in life sciences as defined in 15 § 3–201 of the Economic Development Article; and 16 4. The use of district energy systems and biofuels by covered 17 buildings; 18 (iii) Consider the needs of the owners of covered buildings who: 19 1. Are not responsible for the design, modification, fixtures, 20 or equipment of commercial tenants; 21 2. Do not have access to or control over building energy 22 systems that are used or controlled by commercial tenants; or 23 3. Own buildings occupied by commercial tenants who are 24 responsible for all maintenance of and repairs to the buildings; 25 (iv) Provide maximum flexibility to the owners of covered buildings 26 to comply with building energy performance standards; 27 (v) Subject to paragraph (3) of this subsection, include an alternative 28 compliance pathway allowing the owner of a covered building to pay a fee for greenhouse 29 gas emissions attributable to the building’s failure to meet direct greenhouse gas emissions 30 reduction targets; and 31 4 HOUSE BILL 1414 (vi) To the extent authorized by law, include financial incentives 1 recommended by the Building Energy Transition Implementation Task Force. 2 (3) The Department may not set an alternative compliance fee that is less 3 than the social cost of greenhouse gases adopted by the Department or the U.S. 4 Environmental Protection Agency. 5 (d) Electric companies and gas companies shall provide energy data, including 6 whole–building and aggregate data, to the owners of covered buildings for benchmarking 7 purposes. 8 (e) In calculating the statewide standards developed by the Department under 9 this section, an owner of a covered building may not consider greenhouse gas emissions or 10 energy use by a commercial tenant of the covered building that: 11 (1) Is a food service facility as defined in COMAR 10.15.03.02; and 12 (2) Engages in commercial cooking and water heating. 13 SECTION 2. AND BE IT FURTHER ENACTED, That thi s Act shall take effect 14 October 1, 2025. 15