EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0479*
SENATE BILL 479
M3, M5 5lr2778
CF 5lr1171
By: Senators Gallion, Bailey, Jennings, Carozza, Folden, Hershey, and Ready
Introduced and read first time: January 22, 2025
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Building Energy Performance Standards – Public Safety, Emergency, and 2
Public Utility Buildings – Exclusion 3
FOR the purpose of altering the definition of “covered building” for purposes of certain 4
building energy performance standards to exclude certain public safety, emergency, 5
and public utility buildings; and generally relating to building energy performance 6
standards and covered buildings. 7
BY repealing and reenacting, without amendments, 8
Article – Environment 9
Section 2–1601(a) and (f) and 2–1602 10
Annotated Code of Maryland 11
(2013 Replacement Volume and 2024 Supplement) 12
BY repealing and reenacting, with amendments, 13
Article – Environment 14
Section 2–1601(e) 15
Annotated Code of Maryland 16
(2013 Replacement Volume and 2024 Supplement) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
Article – Environment 20
2–1601. 21
(a) In this subtitle the following words have the meanings indicated. 22
(e) (1) “Covered building” means a building that: 23
2 SENATE BILL 479
(i) 1. Is a commercial or multifamily residential building in the 1
State; or 2
2. Is owned by the State; and 3
(ii) Has a gross floor area of 35,000 square feet or more, excluding 4
the parking garage area. 5
(2) “Covered building” does not include: 6
(i) A building designated as a historic property under federal, State, 7
or local law; 8
(ii) A public or nonpublic elementary or secondary school building; 9
(iii) A manufacturing building; [or] 10
(iv) An agricultural building; 11
(V) A PUBLIC BUILDING DESI GNATED BY ANY UNIT O F 12
FEDERAL, STATE, OR LOCAL GOVERNMENT FOR: 13
1. PUBLIC SAFETY PURPOSE S; OR 14
2. USE AS AN EMERGE NCY STORM SHELTER ; OR 15
(VI) A PUBLIC UTILITY BUILD ING. 16
(f) “Direct greenhouse gas emissions” means greenhouse gas emissions produced 17
on–site by covered buildings. 18
2–1602. 19
(a) The Department shall develop building energy performance standards for 20
covered buildings that achieve: 21
(1) A 20% reduction in net direct greenhouse gas emissions on or before 22
January 1, 2030, as compared with 2025 levels for average buildings of similar construction; 23
and 24
(2) Net–zero direct greenhouse gas emissions on or before January 1, 2040. 25
(b) To facilitate the development of building energy performance standards under 26
this section, the Department shall require the owners of covered buildings to measure and 27
report direct emissions data to the Department annually beginning in 2025. 28
SENATE BILL 479 3
(c) (1) On or before June 1, 2023, the Department shall adopt regulations to 1
implement this section. 2
(2) Regulations adopted under this section shall: 3
(i) Subject to items (ii) and (iii) of this paragraph, include energy 4
use intensity targets by building type; 5
(ii) As necessary, include special provisions or exceptions to account 6
for: 7
1. Building age; 8
2. Regional differences; 9
3. The unique needs of particular building or occupancy 10
types, including health care facilities, laboratories, assisted living and nursing facilities, 11
military buildings, critical infrastructure, and buildings used in life sciences as defined in 12
§ 3–201 of the Economic Development Article; and 13
4. The use of district energy systems and biofuels by covered 14
buildings; 15
(iii) Consider the needs of the owners of covered buildings who: 16
1. Are not responsible for the design, modification, fixtures, 17
or equipment of commercial tenants; 18
2. Do not have access to or control over building energy 19
systems that are used or controlled by commercial tenants; or 20
3. Own buildings occupied by commercial tenants who are 21
responsible for all maintenance of and repairs to the buildings; 22
(iv) Provide maximum flexibility to the owners of covered buildings 23
to comply with building energy performance standards; 24
(v) Subject to paragraph (3) of this subsection, include an alternative 25
compliance pathway allowing the owner of a covered building to pay a fee for greenhouse 26
gas emissions attributable to the building’s failure to meet direct greenhouse gas emissions 27
reduction targets; and 28
(vi) To the extent authorized by law, include financial incentives 29
recommended by the Building Energy Transition Implementation Task Force. 30
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(3) The Department may not set an alternative compliance fee that is less 1
than the social cost of greenhouse gases adopted by the Department or the U.S. 2
Environmental Protection Agency. 3
(d) Electric companies and gas companies shall provide energy data, including 4
whole–building and aggregate data, to the owners of covered buildings for benchmarking 5
purposes. 6
(e) In calculating the statewide standards developed by the Department under 7
this section, an owner of a covered building may not consider greenhouse gas emissions or 8
energy use by a commercial tenant of the covered building that: 9
(1) Is a food service facility as defined in COMAR 10.15.03.02; and 10
(2) Engages in commercial cooking and water heating. 11
SECTION 2. AND BE IT FURTHER ENACTED, That this Ac t shall take effect 12
October 1, 2025. 13