Maryland 2025 Regular Session

Maryland Senate Bill SB804 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0804
6	6
7	7	SENATE BILL 804
8	8	E4 5lr1533
9	9	CF HB 973
10	10	By: Senators Brooks, Benson, and Lewis Young
11	11	Introduced and read first time: January 28, 2025
12	12	Assigned to: Education, Energy, and the Environment
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Maryland Building Performance Standards – Fossil Fuel Use, Energy 2
19	19	Conservation, and Electric– and Solar–Ready Standards 3
20	20	(Better Buildings Act of 2025) 4
21	21
22	22	FOR the purpose of requiring the Maryland Department of Labor, on or before certain dates 5
23	23	and as part of the Maryland Building Performance Standards, to adopt a 6
24	24	requirement that new buildings and significant improvements meet all laundry, 7
25	25	water, and space heating demands of the building without the use of fossil fuels, 8
26	26	energy conservation requirements, and an electric– and solar–ready standard for 9
27	27	certain buildings; and generally relating to the Maryland Building Performance 10
28	28	Standards. 11
29	29
30	30	BY repealing and reenacting, with amendments, 12
31	31	Article – Public Safety 13
32	32	Section 12–503 14
33	33	Annotated Code of Maryland 15
34	34	(2022 Replacement Volume and 2024 Supplement) 16
35	35
36	36	BY adding to 17
37	37	Article – Public Safety 18
38	38	Section 12–503.1 19
39	39	Annotated Code of Maryland 20
40	40	(2022 Replacement Volume and 2024 Supplement) 21
41	41
42	42	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
43	43	That the Laws of Maryland read as follows: 23
44	44
45	45	Article – Public Safety 24
46	46
47	47	12–503. 25
48	48	2 SENATE BILL 804
49	49
50	50
51	51	(a) (1) The Department shall adopt by regulation, as the Maryland Building 1
52	52	Performance Standards, the International Building Code, including the International 2
53	53	Energy Conservation Code, with the modifications incorporated by the Department under 3
54	54	subsection (b) of this section. 4
55	55
56	56	(2) The Department shall adopt each subsequent version of the Standards 5
57	57	within 18 months after it is issued. 6
58	58
59	59	(b) (1) Before adopting each version of the Standards, the Department shall: 7
60	60
61	61	(i) review the International Building Code to determine whether 8
62	62	modifications should be incorporated in the Standards; 9
63	63
64	64	(ii) consider changes to the International Building Code to enhance 10
65	65	energy conservation and efficiency; 11
66	66
67	67	(iii) subject to the provisions of paragraph (2)(ii) of this subsection, 12
68	68	adopt modifications to the Standards that allow any innovative approach, design, 13
69	69	equipment, or method of construction that can be demonstrated to offer performance that 14
70	70	is at least the equivalent to the requirements of: 15
71	71
72	72	1. the International Energy Conservation Code; 16
73	73
74	74	2. Chapter 13, “Energy Efficiency”, of the International 17
75	75	Building Code; or 18
76	76
77	77	3. Chapter 11, “Energy Efficiency”, of the International 19
78	78	Residential Code; 20
79	79
80	80	(iv) accept written comments; 21
81	81
82	82	(v) consider any comments received; and 22
83	83
84	84	(vi) hold a public hearing on each proposed modification. 23
85	85
86	86	(2) (i) Except as provided in subparagraph (ii) of this paragraph and [§ 24
87	87	12–510] §§ 12–503.1 AND 12–510 of this subtitle, the Department may not adopt, as part 25
88	88	of the Standards, a modification of a building code requirement that is more stringent than 26
89	89	the requirement in the International Building Code. 27
90	90
91	91	(ii) The Department may adopt energy conservation requirements 28
92	92	that are more stringent than the requirements in the International Energy Conservation 29
93	93	Code, but may not adopt energy conservation requirements that are less stringent than the 30
94	94	requirements in the International Energy Conservation Code. 31
95	95
96	96	(c) The Standards apply to each building or structure in the State for which a 32
97	97	building permit application is received by a local jurisdiction on or after August 1, 1995. 33 SENATE BILL 804 3
98	98
99	99
100	100
101	101	(d) In addition to the Standards, the Department shall: 1
102	102
103	103	(1) on or before January 1, 2023, adopt by regulation the 2018 2
104	104	International Green Construction Code; and 3
105	105
106	106	(2) adopt each subsequent version of the Code within 18 months after it is 4
107	107	issued. 5
108	108
109	109	12–503.1. 6
110	110
111	111	(A) (1) IN THIS SECTION THE FOLLOWIN G WORDS HAVE THE MEA NINGS 7
112	112	INDICATED. 8
113	113
114	114	(2) “ELECTRIC–READY” MEANS THE MORE STRIN GENT OF: 9
115	115
116	116	(I) ELECTRIC–READY REQUIREMENTS I N THE INTERNATIONAL 10
117	117	ENERGY CONSERVATION CODE, INCLUDING RELEVANT A PPENDICES; OR 11
118	118
119	119	(II) HAVING ADEQUATE PAN EL CAPACITY , DEDICATED 12
120	120	ELECTRIC PANEL SPACE , ELECTRICAL WIRE , ELECTRICAL RECEPTACL ES, AND 13
121	121	ADEQUATE PHYSICAL SP ACE TO ACCOMMODATE F UTURE INSTALLATION O F 14
122	122	HIGH–EFFICIENCY ELECTRIC APPLIANCES, INCLUDING HEATING , LAUNDRY, WATER 15
123	123	HEATING, COOKING, AND DRYING. 16
124	124
125	125	(3) “ENERGY EFFICIENCY ” MEANS PERCENT AGE ENERGY USE 17
126	126	REDUCTION WITH REFER ENCE TO THE 2006 INTERNATIONAL ENERGY 18
127	127	CONSERVATION CODE, AS CALCULATED FOR MARYLAND CLIMATE ZONE S AND 19
128	128	PUBLISHED BY THE U.S. DEPARTMENT OF ENERGY BUILDING ENERGY CODES 20
129	129	PROGRAM AS OF OCTOBER 1, 2025, EXCLUSIVE OF: 21
130	130
131	131	(I) RENEWABLE ENERGY PRO DUCED AND ELECTRIC V EHICLE 22
132	132	CHARGING PROVIDED AT THE BUILDING’S PREMISES; 23
133	133
134	134	(II) UNCONDITIONED FLOOR AREA; AND 24
135	135
136	136	(III) PARKING. 25
137	137
138	138	(4) “FUEL TYPE” MEANS THE COMBINATIO N OF ENERGY SOURCES 26
139	139	PLANNED FOR A USE IN A BU ILDING, INCLUDING ELECTRICIT Y AND MIXED FUEL . 27
140	140
141	141	(5) (I) “SIGNIFICANT IMPROVEME NT” MEANS ANY REPAIR , 28
142	142	RECONSTRUCTION , REHABILITATION , ALTERATION, ADDITION, OR OTHER 29
143	143	IMPROVEMENT OF A BUI LDING OR STRUCTURE , THE COST OF WHICH EQ UALS OR 30 4 SENATE BILL 804
144	144
145	145
146	146	EXCEEDS 50% OF THE REPLACEMENT C OST OF THE STRUCTURE BEFORE THE 1
147	147	IMPROVEMENT OR REPAI R IS STARTED. 2
148	148
149	149	(II) “SIGNIFICANT IMPROVEME NT” DOES NOT INCLUDE THE 3
150	150	IMPROVEMENT OF A BUI LDING: 4
151	151
152	152	1. REQUIRED TO CORRECT EXISTING HEALTH , 5
153	153	SANITARY, OR SAFETY CODE VIOLA TIONS IDENTIFIED BY A BUILDING OFFICIAL OR 6
154	154	THAT ARE THE MINIMUM NECESSARY TO ENSURE SAFE LIVING CONDITIO NS; OR 7
155	155
156	156	2. BY ALTERATION OF A H ISTORIC STRUCTURE 8
157	157	PROVIDED THAT THE AL TERATION WI LL NOT PRECLUDE THE STRUCTURE’S 9
158	158	CONTINUED DESIGNATIO N AS A HISTORIC STRU CTURE. 10
159	159
160	160	(6) “SOLAR–READY” MEANS THE MORE STRIN GENT OF: 11
161	161
162	162	(I) SOLAR–READY REQUIREMENTS I N THE INTERNATIONAL 12
163	163	BUILDING CODE OR INTERNATIONAL ENERGY CONSERVATION CODE, INCLUDING 13
164	164	RELEVANT APPENDICES ; AND 14
165	165
166	166	(II) DESIGN, ENGINEERING , AND CONSTRUCTION SO THAT AT 15
167	167	LEAST 40% OF THE ROOF AREA IS : 16
168	168
169	169	1. FREE FROM OBSTRUCTIO NS; AND 17
170	170
171	171	2. CAPABLE OF ACCEPTING THE INSTALLATION OF 18
172	172	SOLAR PANELS . 19
173	173
174	174	(B) (1) ON OR BEFORE OCTOBER 1, 2025, AS PART OF THE STANDARDS, 20
175	175	THE DEPARTMENT SHALL ADOP T: 21
176	176
177	177	(I) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A 22
178	178	REQUIREMENT THAT NEW BUILDINGS AND SIGNIFICANT IMPR OVEMENTS MEET ALL 23
179	179	LAUNDRY, WATER, AND SPACE HEATING DE MANDS OF THE BUILDIN G WITHOUT THE 24
180	180	USE OF FOSSIL FU ELS; 25
181	181
182	182	(II) AN ELECTRIC–READY STANDARD FOR N EW BUILDINGS AND 26
183	183	SIGNIFICANT IMPROVEM ENTS THAT RECEIVE A WAIVE R UNDER PARAGRAPH (2) OF 27
184	184	THIS SUBSECTION ; AND 28
185	185
186	186	(III) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , A 29
187	187	REQUIREMENT THAT NEW BUILDINGS OR SIGNIFICANT IMPROVEMENTS BE 30
188	188	SOLAR–READY IF THE BUILDIN G: 31 SENATE BILL 804 5
189	189
190	190
191	191
192	192	1. WILL HAVE 20,000 SQUARE FEET OR MORE OF 1
193	193	CONTINUOUS ROOF SPAC E, EXCLUDING THE PARKIN G AREA; AND 2
194	194
195	195	2. WILL BE 20 STORIES OR LESS IN H EIGHT ABOVE 3
196	196	GRADE PLANE . 4
197	197
198	198	(2) (I) SUBJECT TO SUBPARAGRA PHS (II) AND (III) OF THIS 5
199	199	PARAGRAPH , A LOCAL JURISDICTION MAY GRANT A WAIVER F ROM THE 6
200	200	REQUIREMENT UNDER PA RAGRAPH (1)(I) OF THIS SUBSECTION F OR: 7
201	201
202	202	1. EMERGENCY BACK –UP POWER SYSTEMS FOR NEW 8
203	203	BUILDINGS AND SIGNIFICANT IMPR OVEMENTS; AND 9
204	204
205	205	2. NEW BUILDINGS , SIGNIFICANT IMPROVEMENTS , AND 10
206	206	ADDITIONS SPECIFICAL LY DESIGNATED FOR OC CUPANCY BY A COMMERC IAL FOOD 11
207	207	ESTABLISHMENT , LABORATORY , LAUNDROMAT , HOSPITAL, OR CREMATORIUM . 12
208	208
209	209	(II) 1. A WAIVER GRANTED UNDER SUBPARAGRAPH (I) OF 13
210	210	THIS PARAGRAPH SHALL BE LIMITED TO BUILDI NG SYSTEMS AND AREAS THAT 14
211	211	CANNOT FEASIBLY USE ENERGY GENERATED FRO M A SOURCE OTHER THA N FOSSIL 15
212	212	FUELS. 16
213	213
214	214	2. FINANCIAL CONSIDERATI ONS ARE NOT A SUFFIC IENT 17
215	215	BASIS FOR DETERMININ G FEASIBILITY UNDER SUBSUBPARAGRAPH 1 OF THIS 18
216	216	SUBPARAGRAPH . 19
217	217
218	218	(III) A BUILDING OR SIGNIFICANT IMPRO VEMENT THAT IS 20
219	219	GRANTED A WAIVER UND ER SUBPARAGRAPH (I) OF THIS PARAGRAPH SH ALL: 21
220	220
221	221	1. SEEK TO MINIMIZE EMI SSIONS FROM ITS FOSS IL FUEL 22
222	222	USE; 23
223	223
224	224	2. MAXIMIZE HEALTH , SAFETY, AND FIRE PROTECTION ; 24
225	225	AND 25
226	226
227	227	3. BE REQUIRED TO COMPL Y WITH T HE 26
228	228	ELECTRIC–READY STANDARDS ADOP TED UNDER PARAGRAPH (1)(II) OF THIS 27
229	229	SUBSECTION. 28
230	230
231	231	(IV) TO ENSURE A WAIVER GR ANTED UNDER SUBPARAG RAPH (I) 29
232	232	OF THIS PARAGRAPH IS STILL NECESSARY , THE WAIVER SHALL BE REVIEWED: 30
233	233	6 SENATE BILL 804
234	234
235	235
236	236	1. EACH TIME THE STANDARDS ARE MODIFIE D BY THE 1
237	237	DEPARTMENT ; AND 2
238	238
239	239	2. BY THE LOCAL JURISDI CTION THAT GRANTED T HE 3
240	240	WAIVER EACH TIME THE LOCAL JURISDICTION M ODIFIES ITS LOCAL AM ENDMENTS 4
241	241	UNDER § 12–504 OF THIS SUBTITLE. 5
242	242
243	243	(3) REGULATIONS ADOPTED U NDER THIS SUBSECTION MAY 6
244	244	AUTHORIZE A LOCAL JU RISDICTION TO WAIVE THE SOLA R–READY REQUIREMENTS 7
245	245	FOR A BUILDING ON A SPECIFIC FINDING THA T: 8
246	246
247	247	(I) INCIDENT SOLAR RADIA TION AT THE BUILDING SITE IS LESS 9
248	248	THAN 75% OF INCIDENT SOLAR RA DIATION AT AN OPEN S ITE; OR 10
249	249
250	250	(II) SHADOW STUDIES INDIC ATE THAT 25% OF A BUILDING’S 11
251	251	ROOF AREA WILL BE IN SHADOW. 12
252	252
253	253	(4) NOTHING IN THIS SUBSE CTION MAY BE CONSTRU ED TO PROHIBIT 13
254	254	A LOCAL JURISDICTION FROM PROHIBITING THE USE OF FOSSIL FUELS IN 14
255	255	BUILDINGS OR SIGNIFICANT IMPRO VEMENTS OR ADOPTING ENERGY 15
256	256	CONSERVATION AND SOL AR ENERGY R EQUIREMENTS FOR BUIL DINGS OR 16
257	257	SIGNIFICANT IMPROVEM ENTS THAT ARE MORE STRING ENT THAN THE 17
258	258	REQUIREMENTS ESTABLI SHED BY THE DEPARTMENT UNDER THIS SECTION. 18
259	259
260	260	(C) (1) IN THIS SUBSECTION , “COVERED BUILDING ” MEANS A 19
261	261	COMMERCIAL OR RESIDE NTIAL BUILDING WITH A GROSS FLOOR AREA OF LESS THAN 20
262	262	35,000 SQUARE FEET, EXCLUDING THE PARKIN G GARAGE AREA . 21
263	263
264	264	(2) THIS SUBSECTION APPLI ES ONLY TO NEW CONST RUCTION. 22
265	265
266	266	(3) (I) THE DEPARTMENT SHALL ADOP T, AS PART OF THE 23
267	267	STANDARDS, REGULATIONS ESTABLIS HING ENERGY CONSERVA TION 24
268	268	REQUIREMENTS FOR COV ERED BUILDINGS IN AC CORDANCE WITH THIS 25
269	269	SUBSECTION. 26
270	270
271	271	(II) IN DEVELOPING THE REG ULATIONS, THE DEPARTMENT : 27
272	272
273	273	1. A. SUBJECT TO ITEM B OF THIS ITEM , SHALL 28
274	274	ESTIMATE ENERGY EFFICIENCY OU TCOMES OF THE STANDARDS ACCORDING TO 29
275	275	PUBLICATIONS A ND METHODS FROM THE U.S. DEPARTMENT OF ENERGY OR ITS 30
276	276	CONTRACTORS ; AND 31
277	277
278	278	B. MAY SEEK ADVICE FROM THE U.S. DEPARTMENT OF 32 SENATE BILL 804 7
279	279
280	280
281	281	ENERGY, ITS CONTRACTORS , OR SIMILARLY QUALIFI ED PARTIES TO MAKE T HESE 1
282	282	ESTIMATES; AND 2
283	283
284	284	2. SUBJECT TO PARAGRAPH (4) OF THIS SUBSECTI ON, 3
285	285	FOR THE PURPOSES OF THE STANDARDS AUTHORIZING COMPLIANCE VIA THE 4
286	286	ATTAINMENT OF ENERGY EFFICIENCY CREDITS O R ACHIEVEMENT OF 5
287	287	PERFORMANCE THRESHOL DS, SHALL CALCULATE AND ADOPT CREDITS AND 6
288	288	PERFORMANCE THRESHOL DS IN A MANNER THAT COMPARES SITE ENERGY USE 7
289	289	INTENSITY CHANGES FROM ENERGY EFFICIENCY ME ASURES TO A 8
290	290	MARYLAND–SPECIFIC BASELINE MODEL THAT DOES NOT VARY ACCORD ING TO FUEL 9
291	291	TYPE OF THE PROPOSED BUILDING FOR RELEVANT BUILDIN G TYPES. 10
292	292
293	293	(4) CREDITS OR PERFORMANC E THRESHOLDS MAY NOT BE 11
294	294	CALCULATED IN A MANN ER THAT AUTHORIZES BU ILDINGS OF A CERTAIN FUEL TYPE 12
295	295	TO COMPLY WITH THE STANDARDS WHILE ACHIE VING A LOWER ENERGY 13
296	296	EFFICIENCY ON AVERAGE THAN BUIL DINGS OF A DIFFERENT FUEL TYPE. 14
297	297
298	298	(5) SUBJECT TO PARAGRAPH (7) OF THIS SUBSECTION , THE 15
299	299	REGULATIONS SHALL RE QUIRE NEW RESIDENTIA L BUILDINGS LESS THA N FOUR 16
300	300	STORIES ABOVE GRADE PLANE TO ACHIEVE , ON AVERAGE , ENERGY EFFICIENCY 17
301	301	EQUAL TO OR GREATER THAN: 18
302	302
303	303	(I) 35% FOR BUILDING PERMIT APPLICATIONS RECEIVE D 19
304	304	FROM MARCH 1, 2027, THROUGH FEBRUARY 28, 2030, BOTH INCLUSIVE ; 20
305	305
306	306	(II) 50% FOR BUILDING PERMIT APPLICATIONS RECEIVE D 21
307	307	FROM MARCH 1, 2030, THROUGH FEBRUARY 28, 2033, BOTH INCLUSIVE ; AND 22
308	308
309	309	(III) 65% FOR BUILDING PERMIT APPLICATIONS RECEIVE D ON 23
310	310	OR AFTER MARCH 1, 2033. 24
311	311
312	312	(6) SUBJECT TO PARAGRAPH (7) AND EXCEPT AS PROVID ED IN 25
313	313	PARAGRAPH (5) OF THIS SUBSECTION , THE REGULATIONS SHAL L REQUIRE ALL 26
314	314	BUILDINGS, REGARDLESS OF FUEL T YPE, TO ACHIEVE ON AVERAGE ENERGY 27
315	315	EFFICIENCY EQUAL TO OR GREATER THAN: 28
316	316
317	317	(I) 45% FOR BUILDING PERMIT APPLICATIONS RECEIVE D 29
318	318	FROM MARCH 1, 2027, THROUGH FEBRUARY 28, 2030, BOTH INCLUSIVE ; 30
319	319
320	320	(II) 55% FOR BUILDING PERMIT APPLICATIONS RECEIVE D 31
321	321	FROM MARCH 1, 2030, THROUGH FEBRUARY 28, 2033, BOTH INCLUSIVE ; AND 32
322	322
323	323	(III) 65% FOR BUILDING P ERMIT APPLICATIONS R ECEIVED ON 33 8 SENATE BILL 804
324	324
325	325
326	326	OR AFTER MARCH 1, 2033. 1
327	327
328	328	(7) (I) A LOCAL JURISDICTION M AY ADOPT ENERGY 2
329	329	CONSERVATION REQUIRE MENTS FOR BUILDINGS THAT ARE MORE STRING ENT THAN 3
330	330	THE REQUIREMENTS EST ABLISHED BY THE DEPARTMENT UNDER THIS SECTION. 4
331	331
332	332	(II) IF THE LOCAL JURISDICTION W HERE A COVERED BUILD ING 5
333	333	WILL BE LOCATED HAS ADOPTED ENERGY CONSE RVATION REQUIREMENTS MORE 6
334	334	STRINGENT THAN THE R EQUIREMENTS ESTABLIS HED UNDER THIS SUBSE CTION, 7
335	335	THE BUILDING SHALL B E REQUIRED TO MEET T HE MORE STRINGENT 8
336	336	REQUIREMENTS . 9
337	337
338	338	(8) IF THE VERSION OF THE STANDARDS IN EFFECT A T THE TIME A 10
339	339	BUILDING PERMIT APPL ICATION IS RECEIVED REQUIRES THE BUILDING TO MEET 11
340	340	ENERGY CONSERVATION REQUIREMENTS THAT AR E MORE STRINGENT THA N THE 12
341	341	REQUIREMENTS ESTABLI SHED UNDER THIS SUBS ECTION, THE BUILDING SHA LL BE 13
342	342	REQUIRED TO MEET THE MORE STRINGENT REQUI REMENTS. 14
343	343
344	344	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
345	345	October 1, 2025. 16