Signed by Governor Wes Moore

Vote Smart's Synopsis:

Vote to pass a bill that establishes an environmental product declaration assistance fund and a maximum acceptable global warming potential for certain construction materials.

Highlights:

• Defines eligible material as any cement or concrete mixture used in the construction of an eligible project (Sec. 1).

• Defines an eligible project as a capital project (Sec. 1).

• Specifies that an eligible project does not include any maintenance program for upkeeping an eligible project (Sec. 1).

• Defines global warming potential as the degree that given mass of a chemical contributes to global warming over a given time period when compared to the same mass of carbon dioxide (Sec. 1).

• Requires that the Department of General Services works towards a continuous reduction of greenhouse gas emissions over time (Sec. 1).

• Requires that before December 31, 2024, procedures or eligible materials submit environmental product declarations to the Department (Sec. 1).

• Requires that the Department analyze environmental product declarations and assess global warming potential for eligible materials used in an eligible project (Sec. 1).

• Requires that before January 1, 2026 the Department, in consultation with the Department of Transportation, establishes a maximum acceptable global warming potential for each section of eligible materials used in an eligible project (Sec. 1).

• Requires that the Department (Sec. 1):

• Create the maximum acceptable global warming potential based on the industry average of potential emissions for that material;

• Determine the industry average of global warming potential emissions, which may include transportation-related emissions, by consulting nationally and internationally recognized data bases; and

• Express the maximum acceptable global warming potential as a number for each category of eligible materials.

• Authorizes the Department to (Sec. 1):

• Establish subcategories of eligible materials with maximum acceptable global warming potential limits;

• Establish a maximum acceptable global warming potential for each material category; and

• Consult with relevant units of State government when establishing a maximum global warming potential for each eligible material category.

• Requires that by January 1, 2029, and every 3 years thereafter, the Department review the maximum acceptable global warming potential for each category of eligible materials and to adjust them to reflect industry conditions (Sec. 1).

• Prohibits the department from adjusting the global warming potential upward for any category of eligible material (Sec. 1).

• Requires that for any solicitation of a contract for an eligible project, the State must specify the eligible materials used and the reasonable minimum usage threshold (Sec. 2).

• Requires a successful bidder of an eligible project to submit for each eligible material proposed to be used in the project (Sec. 2):

• A current environmental product declaration; and

• A life cycle assessment method that includes uniform standards in data collection.

• Prohibits a contractor from installing any eligible materials until they submit a facility-specific environmental product declaration for that material (Sec. 2).

• Requires that the contractor notify the State and use alternative material if an environmental product declaration is not available for an eligible material (Sec. 2).

• Authorizes the Department to waive eligible materials requirements if (Sec. 2):

• It is technically infeasible;

• Would result in a significant project cost increase;

• Would result in a significant delay in the completion of the project; and

• Would result in only one manufacturer to provide the necessary materials.

• Requires that, starting December 1, 2025, the Department submit an annual report to the General Assembly that includes (Sec. 2):

• What the Department has learned abbott identifying and Quantifying embodied carbon in building materials, including life cycle costs; and

• Any obstacles encountered by the Department or bidders when identifying and quantifying embodied carbon in building materials.

• Requires that the original report submitted before December 1, 2025 include a description of the method used to develop the maximum acceptable global warming potential for each eligible materials category (Sec. 2).

• Establishes the Environmental Product Declaration Assistance Fund, administered by the Department of Commerce, to award grants to producers of eligible materials in order to support development, standardization, and transparency of environmental product declarations (Sec. 3).

• Requires that the Fund consist of money appropriated by the State budget (Sec. 3).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that establishes an environmental product declaration assistance fund and a maximum acceptable global warming potential for certain construction materials.

Highlights:

• Defines eligible material as any cement or concrete mixture used in the construction of an eligible project (Sec. 1).

• Defines an eligible project as a capital project (Sec. 1).

• Specifies that an eligible project does not include any maintenance program for upkeeping an eligible project (Sec. 1).

• Defines global warming potential as the degree that given mass of a chemical contributes to global warming over a given time period when compared to the same mass of carbon dioxide (Sec. 1).

• Requires that the Department of General Services works towards a continuous reduction of greenhouse gas emissions over time (Sec. 1).

• Requires that before December 31, 2024, procedures or eligible materials submit environmental product declarations to the Department (Sec. 1).

• Requires that the Department analyze environmental product declarations and assess global warming potential for eligible materials used in an eligible project (Sec. 1).

• Requires that before January 1, 2026 the Department, in consultation with the Department of Transportation, establishes a maximum acceptable global warming potential for each section of eligible materials used in an eligible project (Sec. 1).

• Requires that the Department (Sec. 1):

• Create the maximum acceptable global warming potential based on the industry average of potential emissions for that material;

• Determine the industry average of global warming potential emissions, which may include transportation-related emissions, by consulting nationally and internationally recognized data bases; and

• Express the maximum acceptable global warming potential as a number for each category of eligible materials.

• Authorizes the Department to (Sec. 1):

• Establish subcategories of eligible materials with maximum acceptable global warming potential limits;

• Establish a maximum acceptable global warming potential for each material category; and

• Consult with relevant units of State government when establishing a maximum global warming potential for each eligible material category.

• Requires that by January 1, 2029, and every 3 years thereafter, the Department review the maximum acceptable global warming potential for each category of eligible materials and to adjust them to reflect industry conditions (Sec. 1).

• Prohibits the department from adjusting the global warming potential upward for any category of eligible material (Sec. 1).

• Requires that for any solicitation of a contract for an eligible project, the State must specify the eligible materials used and the reasonable minimum usage threshold (Sec. 2).

• Requires a successful bidder of an eligible project to submit for each eligible material proposed to be used in the project (Sec. 2):

• A current environmental product declaration; and

• A life cycle assessment method that includes uniform standards in data collection.

• Prohibits a contractor from installing any eligible materials until they submit a facility-specific environmental product declaration for that material (Sec. 2).

• Requires that the contractor notify the State and use alternative material if an environmental product declaration is not available for an eligible material (Sec. 2).

• Authorizes the Department to waive eligible materials requirements if (Sec. 2):

• It is technically infeasible;

• Would result in a significant project cost increase;

• Would result in a significant delay in the completion of the project; and

• Would result in only one manufacturer to provide the necessary materials.

• Requires that, starting December 1, 2025, the Department submit an annual report to the General Assembly that includes (Sec. 2):

• What the Department has learned abbott identifying and Quantifying embodied carbon in building materials, including life cycle costs; and

• Any obstacles encountered by the Department or bidders when identifying and quantifying embodied carbon in building materials.

• Requires that the original report submitted before December 1, 2025 include a description of the method used to develop the maximum acceptable global warming potential for each eligible materials category (Sec. 2).

• Establishes the Environmental Product Declaration Assistance Fund, administered by the Department of Commerce, to award grants to producers of eligible materials in order to support development, standardization, and transparency of environmental product declarations (Sec. 3).

• Requires that the Fund consist of money appropriated by the State budget (Sec. 3).

Full Bill Text