1 | 1 | | |
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2 | 2 | | |
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3 | 3 | | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W. |
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4 | 4 | | [Brackets] indicate matter deleted from existing law. |
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5 | 5 | | *hb1415* |
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6 | 6 | | |
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7 | 7 | | HOUSE BILL 1415 |
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8 | 8 | | M3, M5 5lr3127 |
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9 | 9 | | |
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10 | 10 | | By: Delegates Wivell, Adams, Arentz, Baker, Buckel, Hornberger, Mangione, |
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11 | 11 | | Miller, Pippy, Reilly, and Valentine |
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12 | 12 | | Introduced and read first time: February 7, 2025 |
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13 | 13 | | Assigned to: Environment and Transportation |
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14 | 14 | | |
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15 | 15 | | A BILL ENTITLED |
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16 | 16 | | |
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17 | 17 | | AN ACT concerning 1 |
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18 | 18 | | |
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19 | 19 | | Environment – Building Energy Performance Standard s and Energy Use 2 |
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20 | 20 | | Intensity Targets – Exemptions 3 |
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21 | 21 | | |
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22 | 22 | | FOR the purpose of exempting a certain covered building from compliance with certain 4 |
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23 | 23 | | building energy performance standards and energy use intensity targets until a 5 |
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24 | 24 | | certain occurrence; and generally relating to building energy performance standards 6 |
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25 | 25 | | and energy use intensity targets. 7 |
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26 | 26 | | |
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27 | 27 | | BY repealing and reenacting, without amendments, 8 |
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28 | 28 | | Article – Environment 9 |
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29 | 29 | | Section 2–1601 10 |
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30 | 30 | | Annotated Code of Maryland 11 |
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31 | 31 | | (2013 Replacement Volume and 2024 Supplement) 12 |
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32 | 32 | | |
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33 | 33 | | BY repealing and reenacting, with amendments, 13 |
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34 | 34 | | Article – Environment 14 |
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35 | 35 | | Section 2–1602 15 |
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36 | 36 | | Annotated Code of Maryland 16 |
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37 | 37 | | (2013 Replacement Volume and 2024 Supplement) 17 |
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38 | 38 | | |
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39 | 39 | | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18 |
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40 | 40 | | That the Laws of Maryland read as follows: 19 |
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41 | 41 | | |
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42 | 42 | | Article – Environment 20 |
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43 | 43 | | |
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44 | 44 | | 2–1601. 21 |
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45 | 45 | | |
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46 | 46 | | (a) In this subtitle the following words have the meanings indicated. 22 |
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47 | 47 | | 2 HOUSE BILL 1415 |
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48 | 48 | | |
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49 | 49 | | |
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50 | 50 | | (b) (1) “Agricultural building” means a structure that is used primarily to 1 |
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51 | 51 | | cultivate, manufacture, process, or produce agricultural crops, raw materials, products, or 2 |
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52 | 52 | | commodities. 3 |
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53 | 53 | | |
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54 | 54 | | (2) “Agricultural building” includes a greenhouse. 4 |
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55 | 55 | | |
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56 | 56 | | (c) “Building” has the meaning stated in the International Building Code. 5 |
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57 | 57 | | |
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58 | 58 | | (d) “Commercial building” means a building that is subject to the commercial 6 |
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59 | 59 | | provisions of the International Energy Conservation Code. 7 |
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60 | 60 | | |
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61 | 61 | | (e) (1) “Covered building” means a building that: 8 |
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62 | 62 | | |
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63 | 63 | | (i) 1. Is a commercial or multifamily residential building in the 9 |
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64 | 64 | | State; or 10 |
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65 | 65 | | |
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66 | 66 | | 2. Is owned by the State; and 11 |
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67 | 67 | | |
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68 | 68 | | (ii) Has a gross floor area of 35,000 square feet or more, excluding 12 |
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69 | 69 | | the parking garage area. 13 |
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70 | 70 | | |
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71 | 71 | | (2) “Covered building” does not include: 14 |
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72 | 72 | | |
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73 | 73 | | (i) A building designated as a historic property under federal, State, 15 |
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74 | 74 | | or local law; 16 |
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75 | 75 | | |
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76 | 76 | | (ii) A public or nonpublic elementary or secondary school building; 17 |
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77 | 77 | | |
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78 | 78 | | (iii) A manufacturing building; or 18 |
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79 | 79 | | |
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80 | 80 | | (iv) An agricultural building. 19 |
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81 | 81 | | |
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82 | 82 | | (f) “Direct greenhouse gas emissions” means greenhouse gas emissions produced 20 |
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83 | 83 | | on–site by covered buildings. 21 |
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84 | 84 | | |
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85 | 85 | | (g) “District energy” means thermal energy generated at one or more central 22 |
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86 | 86 | | facilities that produce hot water, steam, or chilled water that then flows through a network 23 |
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87 | 87 | | of insulated underground pipes to provide hot water, space heating, air conditioning, or 24 |
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88 | 88 | | chilled water to nearby buildings. 25 |
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89 | 89 | | |
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90 | 90 | | 2–1602. 26 |
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91 | 91 | | |
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92 | 92 | | (a) [The] SUBJECT TO SUBSECTION (F) OF THIS SECTION , THE Department 27 |
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93 | 93 | | shall develop building energy performance standards for covered buildings that achieve: 28 |
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94 | 94 | | HOUSE BILL 1415 3 |
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95 | 95 | | |
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96 | 96 | | |
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97 | 97 | | (1) A 20% reduction in net direct greenhouse gas emissions on or before 1 |
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98 | 98 | | January 1, 2030, as compared with 2025 levels for average buildings of similar construction; 2 |
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99 | 99 | | and 3 |
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100 | 100 | | |
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101 | 101 | | (2) Net–zero direct greenhouse gas emissions on or before January 1, 2040. 4 |
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102 | 102 | | |
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103 | 103 | | (b) To facilitate the development of building energy performance standards under 5 |
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104 | 104 | | this section, the Department shall require the owners of covered buildings to measure and 6 |
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105 | 105 | | report direct emissions data to the Department annually beginning in 2025. 7 |
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106 | 106 | | |
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107 | 107 | | (c) (1) On or before June 1, 2023, the Department shall adopt regulations to 8 |
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108 | 108 | | implement this section. 9 |
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109 | 109 | | |
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110 | 110 | | (2) Regulations adopted under this section shall: 10 |
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111 | 111 | | |
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112 | 112 | | (i) Subject to items (ii) and (iii) of this paragraph AND SUBSECTION 11 |
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113 | 113 | | (F) OF THIS SECTION , include energy use intensity targets by building type; 12 |
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114 | 114 | | |
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115 | 115 | | (ii) As necessary, include special provisions or exceptions to account 13 |
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116 | 116 | | for: 14 |
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117 | 117 | | |
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118 | 118 | | 1. Building age; 15 |
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119 | 119 | | |
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120 | 120 | | 2. Regional differences; 16 |
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121 | 121 | | |
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122 | 122 | | 3. The unique needs of particular building or occupancy 17 |
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123 | 123 | | types, including health care facilities, laboratories, assisted living and nursing facilities, 18 |
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124 | 124 | | military buildings, critical infrastructure, and buildings used in life sciences as defined in 19 |
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125 | 125 | | § 3–201 of the Economic Development Article; and 20 |
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126 | 126 | | |
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127 | 127 | | 4. The use of district energy systems and biofuels by covered 21 |
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128 | 128 | | buildings; 22 |
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129 | 129 | | |
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130 | 130 | | (iii) Consider the needs of the owners of covered buildings who: 23 |
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131 | 131 | | |
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132 | 132 | | 1. Are not responsible for the design, modification, fixtures, 24 |
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133 | 133 | | or equipment of commercial tenants; 25 |
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134 | 134 | | |
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135 | 135 | | 2. Do not have access to or control over building energy 26 |
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136 | 136 | | systems that are used or controlled by commercial tenants; or 27 |
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137 | 137 | | |
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138 | 138 | | 3. Own buildings occupied by commercial tenants who are 28 |
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139 | 139 | | responsible for all maintenance of and repairs to the buildings; 29 |
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140 | 140 | | |
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141 | 141 | | (iv) Provide maximum flexibility to the owners of covered buildings 30 |
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142 | 142 | | to comply with building energy performance standards; 31 |
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143 | 143 | | 4 HOUSE BILL 1415 |
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144 | 144 | | |
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145 | 145 | | |
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146 | 146 | | (v) Subject to paragraph (3) of this subsection, include an alternative 1 |
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147 | 147 | | compliance pathway allowing the owner of a covered building to pay a fee for greenhouse 2 |
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148 | 148 | | gas emissions attributable to the building’s failure to meet direct greenhouse gas emissions 3 |
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149 | 149 | | reduction targets; and 4 |
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150 | 150 | | |
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151 | 151 | | (vi) To the extent authorized by law, include financial incentives 5 |
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152 | 152 | | recommended by the Building Energy Transition Implementation Task Force. 6 |
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153 | 153 | | |
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154 | 154 | | (3) The Department may not set an alternative compliance fee that is less 7 |
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155 | 155 | | than the social cost of greenhouse gases adopted by the Department or the U.S. 8 |
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156 | 156 | | Environmental Protection Agency. 9 |
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157 | 157 | | |
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158 | 158 | | (d) Electric companies and gas companies shall provide energy data, including 10 |
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159 | 159 | | whole–building and aggregate data, to the owners of covered buildings for benchmarking 11 |
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160 | 160 | | purposes. 12 |
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161 | 161 | | |
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162 | 162 | | (e) In calculating the statewide standards developed by the Department under 13 |
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163 | 163 | | this section, an owner of a covered building may not consider greenhouse gas emissions or 14 |
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164 | 164 | | energy use by a commercial tenant of the covered building that: 15 |
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165 | 165 | | |
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166 | 166 | | (1) Is a food service facility as defined in COMAR 10.15.03.02; and 16 |
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167 | 167 | | |
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168 | 168 | | (2) Engages in commercial cooking and water heating. 17 |
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169 | 169 | | |
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170 | 170 | | (F) THE DEPARTMENT MAY NOT RE QUIRE A COVERED BUILDING THAT 18 |
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171 | 171 | | RECEIVED A USE AND OCCUPANCY PERMIT BEFORE JUNE 1, 2022, TO COMPLY WITH 19 |
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172 | 172 | | BUILDING ENERGY PERF ORMANCE STANDARDS DEVELOPED UNDER OR ENERGY USE 20 |
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173 | 173 | | INTENSITY TARGETS ADOPTED IN ACCORDANC E WITH THIS SECTION UNTIL IT 21 |
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174 | 174 | | BECOMES NECESSARY TO REPLACE LIGHTING SYSTEMS, HEATING, VENTILATING, 22 |
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175 | 175 | | AND AIR CONDITIONING (HVAC) SYSTEMS, OR OTHER MAJOR COMPONENTS OF THE 23 |
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176 | 176 | | COVERED BUILDING DUE TO THE FAILURE O F THOSE COMPONENTS OR AS A RESULT 24 |
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177 | 177 | | OF THE END OF LIFE O F THOSE COMPONENTS . 25 |
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178 | 178 | | |
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179 | 179 | | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 26 |
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180 | 180 | | October 1, 2025. 27 |
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