Maryland 2025 Regular Session

Maryland House Bill HB212 Compare Versions

Only one version of the bill is available at this time.
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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *hb0212*
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77 HOUSE BILL 212
88 E4 5lr0841
99 HB 210/24 – ENT & ECM (PRE–FILED)
1010 By: Delegate Acevero
1111 Requested: September 17, 2024
1212 Introduced and read first time: January 8, 2025
1313 Assigned to: Environment and Transportation and Economic Matters
1414
1515 A BILL ENTITLED
1616
1717 AN ACT concerning 1
1818
1919 Maryland Building Performance Standards – Fossil Fuel Use and 2
2020 Electric–Ready Standards 3
2121
2222 FOR the purpose of requiring the Maryland Department of Labor to adopt, on or before a 4
2323 certain date and as part of the Maryland Building Performance Standards, a 5
2424 requirement that new buildings meet all energy demands of the building without the 6
2525 use of fossil fuels and an electric–ready standard for certain buildings; and generally 7
2626 relating to the Maryland Building Performance Standards. 8
2727
2828 BY repealing and reenacting, with amendments, 9
2929 Article – Public Safety 10
3030 Section 12–503 11
3131 Annotated Code of Maryland 12
3232 (2022 Replacement Volume and 2024 Supplement) 13
3333
3434 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
3535 That the Laws of Maryland read as follows: 15
3636
3737 Article – Public Safety 16
3838
3939 12–503. 17
4040
4141 (a) (1) The Department shall adopt by regulation, as the Maryland Building 18
4242 Performance Standards, the International Building Code, including the International 19
4343 Energy Conservation Code, with the modifications incorporated by the Department under 20
4444 subsection (b) of this section. 21
4545
4646 (2) The Department shall adopt each subsequent version of the Standards 22
4747 within 18 months after it is issued. 23
4848 2 HOUSE BILL 212
4949
5050
5151 (b) (1) Before adopting each version of the Standards, the Department shall: 1
5252
5353 (i) review the International Building Code to determine whether 2
5454 modifications should be incorporated in the Standards; 3
5555
5656 (ii) consider changes to the International Building Code to enhance 4
5757 energy conservation and efficiency; 5
5858
5959 (iii) subject to the provisions of paragraph (2)(ii) of this subsection, 6
6060 adopt modifications to the Standards that allow any innovative approach, design, 7
6161 equipment, or method of construction that can be demonstrated to offer performance that 8
6262 is at least the equivalent to the requirements of: 9
6363
6464 1. the International Energy Conservation Code; 10
6565
6666 2. Chapter 13, “Energy Efficiency”, of the International 11
6767 Building Code; or 12
6868
6969 3. Chapter 11, “Energy Efficiency”, of the International 13
7070 Residential Code; 14
7171
7272 (iv) accept written comments; 15
7373
7474 (v) consider any comments received; and 16
7575
7676 (vi) hold a public hearing on each proposed modification. 17
7777
7878 (2) (i) Except as provided in subparagraph (ii) of this paragraph, 18
7979 PARAGRAPH (3) OF THIS SUBSECTION , and § 12–510 of this subtitle, the Department 19
8080 may not adopt, as part of the Standards, a modification of a building code requirement that 20
8181 is more stringent than the requirement in the International Building Code. 21
8282
8383 (ii) The Department may adopt energy conservation requirements 22
8484 that are more stringent than the requirements in the International Energy Conservation 23
8585 Code, but may not adopt energy conservation requirements that are less stringent than the 24
8686 requirements in the International Energy Conservation Code. 25
8787
8888 (3) (I) ON OR BEFORE JANUARY 1, 2026, THE DEPARTMENT SHALL 26
8989 ADOPT, AS PART OF THE STANDARDS: 27
9090
9191 1. SUBJECT TO SUBPARAGR APHS (II) AND (III) OF THIS 28
9292 PARAGRAPH , A REQUIREMENT THAT N EW BUILDINGS MEET AL L ENERGY DEMANDS 29
9393 OF THE BUILDING WITH OUT THE USE OF FOSSI L FUELS; AND 30
9494
9595 2. AN ELECTRIC–READY STANDARD FOR N EW BUILDINGS 31
9696 THAT RECEIVE A WAIVE R UNDER SUBPARAGRAPH (III) OF THIS PARAGRAPH . 32 HOUSE BILL 212 3
9797
9898
9999
100100 (II) THE REQUIREMENT THAT NEW BUILDINGS MEET A LL 1
101101 ENERGY DEMANDS WITHOUT THE USE OF F OSSIL FUELS UNDER PA RAGRAPH (1) OF 2
102102 THIS SUBSECTION SHAL L BE MET: 3
103103
104104 1. ON OR BEFORE OCTOBER 1, 2027, FOR A BUILDING: 4
105105
106106 A. THAT WILL BE LESS TH AN SEVEN STORIES TAL L; AND 5
107107
108108 B. FOR WHICH A BUILDING PERMIT APPLICATION I S 6
109109 RECEIVED BY A LOCAL JURISDICTION ; AND 7
110110
111111 2. ON OR BEFORE OCTOBER 1, 2031, FOR A BUILDING: 8
112112
113113 A. THAT WILL BE SEVEN O R MORE STORIES TALL ; AND 9
114114
115115 B. FOR WHICH A BUILDING PERMIT APPLICATION I S 10
116116 RECEIVED BY A LOCAL JURISDICTION. 11
117117
118118 (III) 1. SUBJECT TO SUBSUBPARAGRAPHS 2 AND 3 OF THIS 12
119119 SUBPARAGRAPH , A LOCAL JURISDICTION MAY GRANT A WAIVER F ROM THE 13
120120 REQUIREMENT UNDER SU BPARAGRAPH (I)1 OF THIS PARAGRAPH FO R: 14
121121
122122 A. EMERGENCY BACK –UP POWER SYSTEMS FOR NEW 15
123123 BUILDINGS; AND 16
124124
125125 B. NEW BUILDINGS SPECIF ICALLY DES IGNATED FOR 17
126126 OCCUPANCY BY A COMME RCIAL FOOD ESTABLISH MENT, LABORATORY , 18
127127 LAUNDROMAT , HOSPITAL, OR CREMATORIUM . 19
128128
129129 2. A. A WAIVER GRANTED UNDER 20
130130 SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH SHALL BE LIMITED TO BUILDING 21
131131 SYSTEMS AND AREAS TH AT CANNOT FEASIBLY U SE ENERGY GENERATED FROM A 22
132132 SOURCE OTHER THAN FO SSIL FUELS. 23
133133
134134 B. FINANCIAL CONSIDERATI ONS ARE NOT A SUFFIC IENT 24
135135 BASIS FOR DETERMININ G FEASIBILITY UNDER SUBSUBSUBPARAGRAPH A OF THIS 25
136136 SUBSUBPARAGRAPH . 26
137137
138138 3. A BUILDING THAT IS GRA NTED A WAIVER UNDER 27
139139 SUBSUBPARAGRA PH 1 OF THIS SUBPARAGRAPH SHALL: 28
140140
141141 A. SEEK TO MINIMIZE EMI SSIONS FROM ITS FOSS IL FUEL 29
142142 USE; 30 4 HOUSE BILL 212
143143
144144
145145
146146 B. MAXIMIZE HEALTH , SAFETY, AND FIRE PROTECTION ; 1
147147 AND 2
148148
149149 C. BE REQUIRED TO COMPL Y WITH THE 3
150150 ELECTRIC–READY STANDARDS ADOP TED UNDER SUBPARAGRA PH (I)2 OF THIS 4
151151 PARAGRAPH . 5
152152
153153 4. TO ENSURE A WAIVER GR ANTED UNDER 6
154154 SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH IS STILL NECESSARY , THE WAIVER 7
155155 SHALL BE REVIEWED : 8
156156
157157 A. EACH TIME THE STANDARDS ARE MODIFIE D BY THE 9
158158 DEPARTMENT ; AND 10
159159
160160 B. BY THE LOCAL JURISDI CTION THAT GRANTED T HE 11
161161 WAIVER EACH TIME THE LOCAL JURISDICTION M ODIFIES ITS LOCAL AM ENDMENTS 12
162162 UNDER § 12–504 OF THIS SUBTITLE. 13
163163
164164 (IV) NOTHING IN THIS PARAG RAPH MAY BE CONSTRUE D TO 14
165165 PROHIBIT A LOCAL JUR ISDICTION FROM PROHI BITING THE USE OF FOSSIL FUELS IN 15
166166 BUILDINGS. 16
167167
168168 (c) The Standards apply to each building or structure in the State for which a 17
169169 building permit application is received by a local jurisdiction on or after August 1, 1995. 18
170170
171171 (d) In addition to the Standards, the Department shall: 19
172172
173173 (1) on or before January 1, 2023, adopt by regulation the 2018 20
174174 International Green Construction Code; and 21
175175
176176 (2) adopt each subsequent version of the Code within 18 months after it is 22
177177 issued. 23
178178
179179 SECTION 2. AND BE IT FURTHER ENACTED, That, on or be fore December 1, 24
180180 2026, the Maryland Department of Labor, in conjunction with the Maryland Energy 25
181181 Administration, the Public Service Commission, and the Department of Housing and 26
182182 Community Development, shall report to the Governor and the General Assembly, in 27
183183 accordance with § 2–1257 of the State Government Article, on any policy changes needed 28
184184 to ensure the provisions under § 12–503(b)(3) of the Public Safety Article, as enacted by 29
185185 Section 1 of this Act, do not diminish the availability of affordable housing or the 30
186186 affordability of electricity for customers in all–electric buildings, including changes to: 31
187187
188188 (1) electricity rates and tariff structures; 32
189189
190190 (2) laws; 33 HOUSE BILL 212 5
191191
192192
193193
194194 (3) policies; 1
195195
196196 (4) regulations; and 2
197197
198198 (5) subsidy programs. 3
199199
200200 SECTION 3. AND BE IT FURTH ER ENACTED, That this Act shall take effect 4
201201 October 1, 2025. 5
202202