# State Finance and Procurement (GSF)

## Title 4. Department of General Services

### Subtitle 1. Definitions; General Provisions

#### Section 4-101

(a) In this title the following words have the meanings indicated.

(b) "Department" means the Department of General Services.

(c) "Secretary" means the Secretary of General Services.

### Subtitle 2

#### Section 4-201

There is a Department of General Services, established as a principal department of the State government.

#### Section 4-202

(a) The head of the Department is the Secretary of General Services, who shall be appointed by the Governor with the advice and consent of the Senate.

(b) Before taking office, the appointee shall take the oath required by Article I, Sec. 9 of the Maryland Constitution.

(c)

  (1) The Secretary serves at the pleasure of the Governor and is responsible directly to the Governor. The Secretary shall advise the Governor on all matters assigned to the Department and is responsible for carrying out the Governor's policies on those matters.

  (2) The Secretary is responsible for the operation of the Department and shall establish guidelines and procedures to promote the orderly and efficient administration of the Department. The Secretary may establish, reorganize, or abolish areas of responsibility in the Department as necessary to fulfill the duties assigned to the Secretary.

  (3) The Secretary is responsible for establishing policy to be followed by the units in the Department.

(d) The Secretary is entitled to the salary provided in the State budget.

#### Section 4-203

(a)

  (1) With the approval of the Governor, the Secretary shall appoint a Deputy Secretary.

  (2) The Deputy Secretary:

    (i) is in the executive service of the State Personnel Management System and serves at the pleasure of the Secretary;

    (ii) is entitled to the salary provided in the State budget; and

    (iii) has the duties provided by law or delegated by the Secretary.

(b)

  (1) The Secretary may employ a staff attached to the Office of the Secretary in accordance with the Code or the State budget.

  (2) Each staff assistant in the Office of the Secretary in charge of a particular area of responsibility and each professional consultant is in the executive service, management service, or is a special appointment in the State Personnel Management System and is appointed by and serves at the pleasure of the Secretary.

  (3) Except as provided in this section or otherwise by law, the Secretary shall appoint and remove all other staff in the Office of the Secretary in accordance with the provisions of the State Personnel and Pensions Article.

  (4) The Secretary may review any personnel action taken by any unit in the Department. The Secretary may delegate the power to approve any appointment or removal to the head or governing body of any unit in the Department.

#### Section 4-204

(a) The Secretary is responsible for the budget of the Office of the Secretary and for the budget of each unit in the Department.

(b)

  (1) The Secretary may adopt regulations for the Department and its units.

  (2) The Secretary shall review and may approve, disapprove, or revise regulations of any unit of the Department.

(c) The Secretary may create any advisory body of any size that the Secretary considers appropriate for the operation of the Department.

(d) The Secretary shall have a seal.

(e)

  (1) The Secretary is responsible for the planning of activities, programs, and services of the Department.

  (2) The Secretary may review, approve, disapprove, or modify the plans, proposals, and projects of the units in the Department.

(f) On or before December 1 of each year, the Secretary shall send a report to the Governor on the activities of the Department during the previous fiscal year.

(g)

  (1) Except as otherwise provided in paragraph (2) of this subsection, the Secretary may exercise any authority that is granted to any unit in the Department.

  (2) This subsection does not authorize the Secretary to exercise any authority granted to the General Professional Services Selection Board.

#### Section 4-205

(a) This section does not apply to a unit in the Department to the extent that the unit is permitted by law to employ its own legal adviser or counsel.

(b) The Attorney General is legal adviser to the Department.

(c) The Attorney General shall assign to the Department the number of Assistant Attorneys General authorized by law to be assigned to the Department and to its units.

(d)

  (1) The Attorney General shall designate 1 of the Assistant Attorneys General assigned to the Department as counsel to the Department. After the Attorney General designates the counsel to the Department, the Attorney General may not reassign the counsel without consulting the Secretary.

  (2) The counsel may have no duty other than to give the legal aid, advice, and counsel required by the Secretary or any other official of the Department, to supervise the other Assistant Attorneys General assigned to the Department, and to perform for the Department the duties that the Attorney General assigns. The counsel shall perform these duties subject to the control and supervision of the Attorney General.

#### Section 4-206

(a) The following units are in the Department:

  (1) the Board of Architectural Review;

  (2) the Office of State Procurement; and

  (3) any other unit that is in the Department under any other law.

(b) Each unit in the Department shall report to the Secretary.

#### Section 4-207

In addition to its other functions, the Department shall perform any function requested of it or delegated to it by the Board of Public Works.

#### Section 4-208

The Department has any power necessary and proper to accomplish a function conferred on it by law or delegated to it or requested of it by the Board of Public Works.

#### Section 4-209

The Department of General Services, the Department of Transportation, and the University System of Maryland shall reserve a reasonable amount of space in State buildings under their control, subject to regulations adopted by the Board of Public Works, so that any law enforcement agency or State recognized nonprofit advocacy group for abducted children can display the picture of a child abducted in a noncustody-related abduction in the reserved space.

#### Section 4-210

(a) In this section, "POW/MIA flag" means the POW/MIA flag of the National League of Families of American Prisoners and Missing in Southeast Asia.

(b) This section does not apply to:

  (1) the State House; or

  (2) a State building that:

    (i) is a historic building; or

    (ii)

      (1) has a flagpole attached to the building; and

      (2) is determined to be structurally unable to withstand additional flags being flown from the flagpole.

(c) The Secretary of General Services and the Secretary of Transportation shall cause the POW/MIA flag to be flown on the grounds of all State buildings under their control whenever the flag of the United States is flown.

#### Section 4-211

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Executive agency" means a unit of the Executive Branch of State government.

  (3) "Identification card" means a security card issued by the Department to a State employee or other individual authorized by the Secretary, including a contractor, regulated lobbyist, media personnel, local government official, or volunteer.

(b)

  (1) The Department may include a notation on an identification card or public profile indicating that the holder is a veteran if the individual issued the identification card presents a certification of veteran status obtained from the Department of Veterans and Military Families in accordance with Sec. 9-905 of the State Government Article, a DD Form 214, or other documentation acceptable to the Department.

  (2) The Department may limit the notation authorized by paragraph (1) of this subsection to a certain category or categories of identification card holders.

(c)

  (1) If the Department provides an option for a notation on an identification card or public profile that indicates that the holder is a veteran, the Department shall include on the application for the identification card the option for the applicant to:

    (i) indicate that the applicant is a veteran; and

    (ii) consent to being contacted by appropriate executive agencies regarding the individual's eligibility for State or federal veterans' benefits.

  (2)

    (i) In accordance with Title 4, Subtitle 3 of the General Provisions Article and any other applicable law, and on request by an executive agency, the Department shall transmit to the executive agency appropriate information about each identification card holder who has given consent under paragraph (1)(ii) of this subsection.

    (ii) Unless otherwise authorized or required by law, the Department may not transmit information obtained on an application for an identification card that relates to the applicant's status as a veteran unless the applicant has given consent under paragraph (1)(ii) of this subsection.

(d) The Department may adopt regulations to carry out this section.

### Subtitle 3

#### Section 4-301

(a) In this subtitle the following words have the meanings indicated.

(b) "Bid" means a bid, proposal, or other response to a solicitation.

(c)

  (1) "Services" means the rendering of time, effort, or work, rather than the furnishing of a specific physical product other than reports incidental to the required performance.

  (2) "Services" includes maintenance, construction-related services, architectural services, engineering services, information technology services, cybersecurity, and the professional, personal, or contractual services provided by attorneys, accountants, physicians, consultants, and other professionals who are independent contractors.

(d) "Supplies" means tangible property, including commodities, information technology hardware, equipment, materials, and intangible property, including information technology software.

#### Section 4-302

There is an Office of State Procurement in the Department.

#### Section 4-303

The Secretary may delegate any power or duty set forth in Part I or Part II of this subtitle or Division II of this article to the Chief Procurement Officer of the Office of State Procurement.

#### Section 4-304

(a) The Secretary or any employee of the Department may not:

  (1) be interested in any contract or bid for furnishing any supplies to any unit that procures supplies under Division II of this article;

  (2) be connected in any manner, directly or indirectly, with any contract or bid for furnishing any supplies to any of those units; or

  (3) accept or receive, directly or indirectly, whether by rebate, gift, or otherwise, from a person to whom a contract may be awarded:

    (i) any money or thing of value; or

    (ii) any promise, obligation, or contract for future reward or compensation.

(b) If the Secretary or any employee of the Department violates any provision of this section, the Secretary or employee is guilty of a misdemeanor and on conviction is subject to a fine not less than $1,000 or imprisonment not exceeding 6 months or both.

#### Section 4-305

Any contract for printing for the State shall be made through or with the approval of the Secretary except for:

(1) a contract for printing for the General Assembly and its staff agencies;

(2) a contract for printing a record or brief for the Office of the Attorney General; and

(3) a contract for printing of the Maryland Reports or the Maryland Appellate Reports.

#### Section 4-306

(a) The Secretary shall adopt standards for maintaining stores and inventory control for all supplies required by any unit that procures supplies under Division II of this article.

(b)

  (1) To the extent required by the Secretary, each unit that procures supplies under Division II of this article shall file with the Secretary an inventory of the supplies in its possession.

  (2) The unit shall submit the inventory to the Secretary at least once a year.

  (3) The inventory is subject to audit.

#### Section 4-307

The Secretary or the Chief Procurement Officer shall provide a copy of each award for supplies to the requisitioning unit.

#### Section 4-308

(a) The Department may establish a program that leverages State purchasing power to offer favorable rates to units of local government to procure information technology or cybersecurity services from contractors.

(b) A unit of local government may not be required to participate in a program established under subsection (a) of this section.

#### Section 4-310

Except as otherwise specifically provided by law, each unit of the Executive Branch of the State Government shall purchase all supplies and services through or with the approval of the Secretary or the Chief Procurement Officer.

#### Section 4-311

Except as otherwise specifically provided by law, an invoice for supplies purchased by the Secretary, by the Chief Procurement Officer, or by any unit that procures supplies under Division II of this article may not be paid until the invoice has been approved by the Secretary, the Chief Procurement Officer, or a designee of the Secretary or the Chief Procurement Officer.

#### Section 4-312

Except as otherwise specifically provided by law and consistent with Division II of this article, the Secretary or Chief Procurement Officer shall set standards for supplies to be purchased by a unit, including standards for electronic equipment used by State employees or the public for communications that are consistent with the standards for nonvisual access information technology issued under Sec. 3-410 of this article.

#### Section 4-313

Consistent with Division II of this article, the Secretary or the Chief Procurement Officer shall contract for or purchase any supplies or services for a unit except:

(1) an item that the Secretary or Chief Procurement Officer:

  (i) determines is strictly perishable;

  (ii) determines is impracticable for the unit to purchase through or with the approval of the Secretary or Chief Procurement Officer; or

  (iii) permits the unit to purchase with the approval of the Secretary or Chief Procurement Officer; or

(2) supplies or services authorized by statute to be procured by another primary procurement unit or delegated to another unit.

#### Section 4-314

At time intervals set by the Secretary or Chief Procurement Officer, each unit that procures supplies under Division II of this article shall send to the Secretary or Chief Procurement Officer estimates of the amount and quality of any needed supplies.

#### Section 4-315

(a) An employee of a unit that procures supplies under Division II of this article whose salary and expenses are paid from the fees of the employee's office may not pay any contractor or seller for any article of any kind acquired for the unit unless the invoice approved by the employee is also approved by the Secretary or Chief Procurement Officer or a designee of the Secretary or Chief Procurement Officer.

(b) The Governor may remove an employee for any violation of the provisions of this section.

#### Section 4-316

(a) Subject to the initial approval of the Secretary or Chief Procurement Officer, the appropriate purchasing unit for the following entities may use the services of the Department to purchase services, materials, supplies, and equipment:

  (1) a county;

  (2) a municipality;

  (3) a governmental unit in the State;

  (4) a public or quasi-public agency that:

    (i) receives State money; and

    (ii) is exempt from taxation under Sec. 501(c)(3) of the Internal Revenue Code;

  (5) a private elementary or secondary school that:

    (i) either has been issued a certificate of approval from the State Board of Education or is accredited by the Association of Independent Schools; and

    (ii) is exempt from taxation under Sec. 501(c)(3) of the Internal Revenue Code; or

  (6) a nonpublic institution of higher education as provided under Sec. 17-106 of the Education Article.

(b) Notwithstanding subsection (a)(5) and (6) of this section, the Department may not purchase religious materials on behalf of a private elementary or secondary school or a nonpublic institution of higher education.

(c) The purchasing authority under this section is in addition to, and not a substitution for, the purchasing power of an entity under another law.

#### Section 4-316.1

The Department, in consultation with the Maryland Cybersecurity Coordinating Council established in Sec. 3.5-2A-05 of this article, shall study the security and financial implications of executing partnerships with other states to procure information technology and cybersecurity products and services, including the implications for political subdivisions of the State.

#### Section 4-318

This Part III of this subtitle does not apply to:

(1) intergovernmental lease transactions;

(2) lease transactions involving property located outside the State;

(3) lease transactions declared by the Secretary to be necessary because of an emergency;

(4) lease transactions where the State is the lessor; or

(5) lease transactions involving up to 5,000 square feet of property.

#### Section 4-319

(a) This section applies to any lease of property by the State.

(b)

  (1) The Department shall give written notice of each proposed initial lease of property to:

    (i) the governing body of each political subdivision in which the property is located; and

    (ii) each member of the General Assembly in whose legislative district the property is located.

  (2) If the notice given under paragraph (1) of this subsection is for at least 2 proposed sites from which 1 site is to be selected, before any site is finally selected, the Department shall give written notice of the site that has been proposed for final selection.

(c) Within 30 days after receiving notice under subsection (b)(1) of this section, the governing body or the member of the General Assembly may submit written comments to the Department.

(d) A lease for a site may not be executed until 31 days after the day that notice is received under subsection (b)(1) of this section.

#### Section 4-320

(a) In this section, "eMaryland Marketplace" has the meaning stated in Sec. 13-101 of this article.

(b) The Department shall advertise any need of the State to rent building space at least 20 days before proposals for a lease are due.

(c) The Department shall advertise the proposed leasing:

  (1) in daily or weekly newspapers with circulation sufficient to provide notice to the people of the State, or at least to the people of the affected locality; and

  (2) by posting a publication on the Department's website and eMaryland Marketplace.

(d) The advertisement shall contain:

  (1) the number of square feet proposed to be leased; and

  (2) the general area in which the State desires to lease the space.

#### Section 4-321

(a) Each proposal for the lease of building space by the State shall be submitted to the Secretary.

(b) Unless a regulation of the Board of Public Works provides otherwise, the Secretary shall submit each proposal, along with any recommendation of the Secretary, to the Board of Public Works for final approval.

(c) The Board of Public Works shall adopt regulations in accordance with Title 10, Subtitle 1 of the State Government Article concerning submission of proposals for the lease of building space under this section.

#### Section 4-322

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Broker rebate fee" is a commission sharing payment based on an established commission rebate percentage.

  (3) "Fund" means the Department of General Services Broker Rebate Fee Fund.

(b) There is a Department of General Services Broker Rebate Fee Fund.

(c) The purpose of the Fund is to provide funding to support the actions of the Secretary in implementing, regulating, administering, and enforcing this part.

(d) The Secretary shall:

  (1) administer the Fund; and

  (2) direct any broker rebate fees collected under this part to the Fund.

(e)

  (1) The Fund is a special, nonlapsing fund that is not subject to Sec. 7-302 of this article.

  (2) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.

(f) The Fund consists of:

  (1) revenue distributed to the Fund from broker rebate fees received in connection with any lease of building space by the State under this part;

  (2) money appropriated in the State budget to the Fund;

  (3) interest earnings; and

  (4) any other money from any other source accepted for the benefit of the Fund.

(g) The Fund may be used only to cover the expenses, including administrative expenses, of the Department in carrying out the requirements of this title.

(h)

  (1) The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.

  (2) Any interest earnings of the Fund shall be credited to the Fund.

(i) Expenditures from the Fund may be made only in accordance with the State budget.

### Subtitle 4

#### Section 4-401

(a) In this subtitle the following words have the meanings indicated.

(b) "Chief" means the Chief of the Division.

(c) "Division" means the Land Acquisition Division of the Department.

(d) "Public improvement" includes any construction, maintenance, or repair of any building, structure, or other public work:

  (1) owned or constructed by the State or any unit of the State government, including the University System of Maryland, St. Mary's College of Maryland, Morgan State University, and Baltimore City Community College; or

  (2) acquired or constructed in whole or in part with State funds.

#### Section 4-402

(a) Except as provided in Sec. 4-409 of this subtitle, this subtitle does not apply to any public improvement made by:

  (1) the Department of Transportation or a unit in that Department;

  (2) any housing authority created under Division II of the Housing and Community Development Article;

  (3) the Maryland-National Capital Park and Planning Commission;

  (4) the Washington Suburban Sanitary Commission;

  (5) the Baltimore County Metropolitan District;

  (6) a county, municipal corporation, or unit of a county or municipal corporation;

  (7) the University System of Maryland;

  (8) Morgan State University;

  (9) St. Mary's College of Maryland; or

  (10) Baltimore City Community College, if the value of the contract for the public improvement is $500,000 or less.

(b) The Board of Public Works may exempt specific projects of a unit of the State government from the provisions of this subtitle.

(c) The Board of Public Works shall adopt regulations in accordance with Title 10, Subtitle 1 of the State Government Article establishing procedures for the exemption of specific projects of units of State government under subsection (b) of this section.

#### Section 4-403

(a) The Department of General Services shall assist the Department of Budget and Management:

  (1) in developing technical details necessary for the preparation of the Capital Improvement Program for any unit of the State government; and

  (2) in any regional study relating to land acquisition, dedication, lease, transfer, and the like.

(b) The Department shall assist and advise any unit of the State government, including the Board of Public Works:

  (1) in the review and approval of any change to a contract, plan, or specification for a public improvement; and

  (2) on any engineering matter, survey, plan, specification, or contract for a public improvement or land acquisition that:

    (i) may come before the Board of Public Works; or

    (ii) may be of interest to the unit of the State government.

(c) The Department shall enforce the State Building Code.

#### Section 4-406

(a)

  (1) The Department shall advise the Board of Public Works and any unit of the State government in connection with any engineering question or matter concerning a public improvement.

  (2) The Department shall supervise any engineering question or matter concerning a public improvement.

  (3) Any contract, plan, or specification for any public improvement that involves an engineering question:

    (i) shall be submitted to the Department; and

    (ii) is subject to the approval of the Department.

  (4) At the request of the Board of Public Works, the Department shall advise the Board of Public Works on any contract that exceeds $500,000 if the contract involves an engineering question or a matter concerning a public improvement undertaken by the University System of Maryland, Morgan State University, or St. Mary's College of Maryland.

(b) The Department shall:

  (1) represent the Board of Public Works at the opening of bids for a public improvement;

  (2) tabulate and record the bids; and

  (3) advise the Board of Public Works on the bids.

(c) The Department shall supervise each appraisal related to a public improvement.

(d)

  (1) The Department shall collect and maintain a complete and accurate file of drawings and plats of the location of all public improvements.

  (2) The Department shall collect and maintain records of construction costs and progress on each public improvement.

  (3) The Department shall adequately store and protect any original drawing, plat, record, or specification.

(e) The Department shall examine and approve or disapprove each plan and specification prepared in connection with the preparation or execution of a contract for a public improvement.

(f)

  (1) The Department shall inspect and approve or disapprove any material, equipment, and methods used in making public improvements and shall inspect each public improvement during the course of construction or repair.

  (2) The duty of the Department under this subsection does not relieve an architect or engineer of any supervisory responsibility for which the architect or engineer is employed.

(g)

  (1) The provisions of subsections (a), (b), (e), and (f) of this section do not apply to State correctional facilities as defined in Sec. 11-101 of this article.

  (2) In accordance with Sec.Sec. 10-102 through 10-105 of the Correctional Services Article, the Department of Public Safety and Correctional Services shall perform the duties specified in subsections (a), (b), (e), and (f) of this section for State correctional facilities.

#### Section 4-407

(a) The General Assembly finds that:

  (1) units of the State government are under pressure to delay or eliminate needed physical facility maintenance and repair because of fiscal constraints;

  (2) lack of regular maintenance and repair results in deterioration of public improvements and increased costs for repair or construction of entirely new replacement facilities; and

  (3) a specific set of procedures is necessary to ensure that all units of the State government perform regular maintenance and repair.

(b)

  (1) The Department of General Services shall establish general policies and standards for maintenance and repair of public improvements.

  (2) On or before December 31 of each year, the Department of General Services shall send any changes to these general policies and standards to:

    (i) the Board of Public Works; and

    (ii) the Department of Budget and Management.

(c) The Department shall:

  (1) establish and supervise a comprehensive and continuing program of maintenance and repair of all public improvements; and

  (2) review maintenance and operation of public improvements to the extent that any engineering question is involved.

(d) Each unit of the State government shall carry out a maintenance and repair program for each public improvement under the jurisdiction of the unit. In carrying out the program, the unit shall:

  (1) conform to the policies and standards established by the Department; and

  (2) allocate sufficient funds and personnel.

#### Section 4-408

(a) On or before May 31 of each year, each unit of the State government shall send a report on the condition of each public improvement under its jurisdiction to:

  (1) the Department of Budget and Management; and

  (2) the Department of General Services.

(b) The report shall:

  (1) identify the public improvement; and

  (2) state whether the public improvement is being maintained in accordance with the policies and standards established by the Department of General Services.

(c) With the assistance of the Department of Budget and Management, the Department of General Services shall recommend measures necessary to correct deficiencies in the maintenance and repair programs.

#### Section 4-409

On an annual basis, the Department may inspect the physical facilities of the public junior or community colleges and the regional community colleges in the State.

#### Section 4-410

(a)

  (1) In this section the following words have the meanings indicated.

  (2)

    (i) "Assembly area" means a building or facility, or any portion of a building or facility, that:

      (1) is used for the purpose of entertainment, education, or civic gatherings; and

      (2) requires the use of a public address system.

    (ii) "Assembly area" includes:

      (1) an amphitheater, an arena, and a stadium;

      (2) an auditorium;

      (3) a center for the performing arts;

      (4) a classroom and a lecture hall;

      (5) a concert hall;

      (6) a convention center;

      (7) a courtroom;

      (8) a legislative chamber;

      (9) a movie theater, a theater, and a playhouse; and

      (10) a public hearing and meeting room.

    (iii) "Assembly area" does not include any outdoor area.

  (3) "Assistive listening system" means an amplification system using transmitters to bypass the acoustical space between a sound source and a listener by means of a wireless direct connection, such as a hearing induction loop system, that couples to a:

    (i) personal hearing device; or

    (ii) receiver, such as a hearing induction loop receiver or other similar technology.

  (4) "Construction or renovation" includes:

    (i) construction;

    (ii) reconstruction; and

    (iii) renovation.

  (5) "Hearing induction loop" means a hearing loop or T-loop system that takes a sound source and transfers it directly via a magnetic signal to:

    (i) a hearing aid;

    (ii) a cochlear implant;

    (iii) a hearing induction loop receiver; or

    (iv) any other personal hearing device that acts as a receiver.

  (6) "Recipient of State funds" means any of the following that receive State money for the construction or renovation of an assembly area:

    (i) a unit of State government;

    (ii) a unit of local government; or

    (iii) a for-profit or nonprofit entity or association.

(b)

  (1) A recipient of State funds shall install an assistive listening system in an assembly area during the construction or renovation of the assembly area if:

    (i) the assembly area uses or requires the use of a public address system; and

    (ii) a State contract has been executed to enable construction or renovation of the assembly area.

  (2)

    (i) A recipient of State funds may apply for a waiver from the requirement under paragraph (1) of this subsection if:

      (1) the recipient claims that an assistive listening system is not technologically feasible; or

      (2) there is a dispute regarding whether the requirements of paragraph (1) of this subsection apply to a construction or renovation project.

    (ii) A waiver request under subparagraph (i) of this paragraph shall include a description of the alternative assistive listening technology the recipient will use to comply with the Americans with Disabilities Act.

(c)

  (1) There is a Hearing Accessibility Advisory Board.

  (2)

    (i) The Secretary shall appoint the members of the Board.

    (ii) The Board shall consist of:

      (1) individuals who have expertise in assistive listening systems; and

      (2) consumers who use assistive listening systems.

  (3) The Board shall:

    (i) consult with stakeholders who are State residents who use or will use the facilities being built or renovated, including:

      (1) individuals with hearing loss; and

      (2) organizations that represent people with hearing loss and have background experience and knowledge of the use of assistive listening systems and devices;

    (ii) make recommendations for regulations implementing this section;

    (iii) consider applications for waivers submitted under subsection (b)(2) of this section; and

    (iv) monitor compliance with this section and investigate any complaints regarding noncompliance.

(d) The Department shall adopt regulations to carry out this section, including regulations regarding:

  (1) proper maintenance and training of staff;

  (2) adequate signage; and

  (3) a requirement for facilities to provide receivers that can use the technology for individuals who do not have a personal hearing device or do not have a hearing device with a telecoil or other built-in receiver.

(e) This section does not require State agencies or recipients of State funds to retrofit existing facilities that are not undergoing renovation.

(f)

  (1)

    (i) A person may bring a civil action for a violation of this section or if the person has reasonable grounds for believing that this section will be violated.

    (ii) A person may not be required to take any other action before bringing a civil action under subparagraph (i) of this paragraph for a potential violation of this section if the person has actual notice that a recipient of State funds does not intend to comply with the requirements of this section.

  (2) In a civil action brought under paragraph (1)(i) of this subsection, the court may:

    (i) grant any equitable relief that the court considers appropriate, including:

      (1) temporary, preliminary, or permanent relief;

      (2) providing an auxiliary aid or service;

      (3) requiring a modification of policy, practice, or procedure; and

      (4) making facilities readily accessible to and usable by individuals with disabilities;

    (ii) assess a civil penalty against the recipient of State funds; or

    (iii) award any other relief the court considers to be appropriate.

  (3) If a court orders injunctive relief under paragraph (1) of this subsection, the order shall include a requirement that the facilities be altered to make the facilities readily accessible to and usable by individuals with disabilities to the extent required by this section.

#### Section 4-410.1

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Acquired" does not include a building leased by the State.

  (3) "State building" means:

    (i) a building acquired through any means by the State for use by a State agency or department;

    (ii) a building constructed or renovated by or for the State for occupancy by a State agency or department; or

    (iii) a building acquired, constructed, or renovated for which more than 50% of the money for the acquisition, construction, or renovation came from State funds.

(b) This section does not apply to:

  (1) a public work contract of less than $500,000;

  (2) a public work contract for which 50% or less of the funds used for the project are State funds;

  (3) a project for which funding is provided in the capital budget as a grant to a nonprofit organization; or

  (4) a public school construction project.

(c)

  (1) Except as provided in paragraph (4) of this subsection, the Department shall establish standards for State buildings to conserve energy and minimize adverse impacts on birds that are consistent with the U.S. Green Building Council's Innovation Credit for reducing bird collisions and the American Bird Conservancy bird-friendly design recommendations.

  (2) The Department shall update the standards developed under paragraph (1) of this subsection every 5 years.

  (3) The standards developed under this subsection shall specify that, except where full operation of building lighting is documented as necessary, including for public safety or other purposes, interior and exterior lighting shall be appropriately shielded and minimized from midnight to dawn each day:

    (i) from March 1 through May 31, both inclusive; and

    (ii) from August 1 through October 31, both inclusive.

  (4) The standards established under paragraph (1) of this subsection may not include a requirement for bird collision monitoring.

  (5) The Department shall consider the physical health and mental health of building occupants when developing or updating standards under paragraph (1) of this subsection.

(d) Each State building constructed, substantially altered, or acquired by the State shall meet, to the extent practicable and within budgetary constraints as determined by the Department, the standards established under subsection (c) of this section.

(e) The Department shall reduce the lighting of existing State buildings, to the extent practicable and within budgetary constraints as determined by the Department:

  (1) in accordance with subsection (c)(3) of this section; and

  (2) by using automatic control technologies, which may include timers, photosensors, infrared detectors, and motion detectors.

(f)

  (1) Subject to paragraph (2) of this subsection, the Maryland Green Building Council shall include the standards established under this section in requirements that the Council establishes for the Maryland High Performance Green Building Program.

  (2) Standards included in the Maryland High Performance Green Building Program under this subsection shall apply only to State buildings as defined in this section.

(g) The Secretary shall adopt regulations to carry out the provisions of this section.

#### Section 4-411

There is a Land Acquisition Division in the Department.

#### Section 4-412

(a) Except as otherwise provided in this section, the Division exclusively shall negotiate the acquisition of land for any public improvement.

(b) The Division shall make each State acquisition in the name of:

  (1) the unit of the State government; or

  (2) the principal department of the State government to which the unit belongs.

(c) The Division is not responsible for acquiring land for a local project.

(d)

  (1) The Division is not responsible for developing any acquired land.

  (2) Development of any land acquired under Program Open Space is the responsibility of the unit of the State government.

(e) The provisions of this section and Sec.Sec. 4-413 through 4-416 of this subtitle do not apply to land acquired by the Department of Natural Resources under Title 1, Subtitle 1 of the Natural Resources Article.

#### Section 4-413

(a) The head of the Division is the Chief of the Land Acquisition Division, who shall be appointed by the Secretary with the approval of the Governor.

(b) The Chief serves at the pleasure of the Secretary.

(c) The Chief must be experienced and skilled in the field of land acquisition.

(d) The Chief is entitled to the salary provided in the State budget.

#### Section 4-414

(a) The Chief is responsible to the Department for:

  (1) administering the Division; and

  (2) carrying out any function assigned to the Division.

(b) The Chief shall organize the Division as necessary to carry out the powers and duties of the Division.

(c) Subject to the approval of the Secretary, the Chief may employ a staff and any professional consultant in accordance with the State budget.

#### Section 4-415

(a) This section does not apply to any capital expenditures by the Department of Transportation or the Maryland Transportation Authority in connection with State roads, bridges, or highways.

(b) Before execution, a contract for the acquisition of land shall be:

  (1) reviewed by the Secretary of General Services; and

  (2) except as provided in Sec. 12-204 of this article, after that review, approved by the Board of Public Works.

(c)

  (1) This subsection does not apply to any capital expenditure by:

    (i) the Maryland Aviation Administration;

    (ii) the Maryland Port Administration; or

    (iii) the Maryland Transit Administration.

  (2) At least 40 days before the Board of Public Works may act on a land acquisition, the Division shall give written notice of a potential acquisition of land:

    (i) to the governing body of the county in which the land is located; and

    (ii) if the land is located within a municipal corporation, to the governing body of the municipal corporation.

  (3) Within 30 days after receiving notice under this subsection, the governing body may submit written comments to the Division.

(d) The Board of Public Works shall supervise the expenditure of any money that the General Assembly appropriates for the acquisition of land.

#### Section 4-416

(a) Except for real property that is acquired by gift, before any real property is acquired from a private owner, the Board of Public Works shall obtain two independent appraisals of the property.

(b) The Board of Public Works shall adopt regulations, in accordance with Title 10, Subtitle 1 of the State Government Article, to carry out this section.

#### Section 4-417

(a) In this section, "Committee" means the Real Estate Advisory Committee.

(b) There is a Real Estate Advisory Committee in the Department.

(c) The purpose of the Committee is to advise the Department, the Board of Public Works, and the General Assembly on industry trends, developments and movement in the commercial real estate sector, and best practices for real estate asset management in the State.

(d) The Committee consists of the following members:

  (1) as ex officio, nonvoting members:

    (i) one member of the Senate of Maryland, appointed by the President of the Senate; and

    (ii) one member of the House of Delegates, appointed by the Speaker of the House;

  (2) four members appointed by the Secretary;

  (3) one member appointed by the President of the Senate; and

  (4) one member appointed by the Speaker of the House.

(e) The Secretary shall designate the chair of the Committee.

(f) The Department and the Department of Legislative Services shall provide staff for the Committee.

(g) A member of the Committee:

  (1) may not receive compensation as a member of the Committee; but

  (2) is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

(h) The Committee:

  (1) shall meet at least three times annually; and

  (2) shall review, at least once each year, the State's long-term real estate plans and goals.

(i) On or before October 1 each year, beginning in 2026, the Committee shall report its findings and recommendations to the Governor, the Board of Public Works, the Department, and, in accordance with Sec. 2-1257 of the State Government Article, the General Assembly.

### Subtitle 5

#### Section 4-501

(a) In this subtitle the following words have the meanings indicated.

(b) "Excess personal property" means an item of personal property that is declared to be in excess of the needs of the custodial unit of the State government because the item:

  (1) is not necessary to the efficient operation of the unit; or

  (2) has been replaced by a similar item.

(c) "Nonexpendable item" means an item of equipment or furnishing that has:

  (1) an anticipated useful life of more than 1 year; and

  (2) an original cost exceeding a minimum dollar amount established by the Department by regulation.

(d) "Surplus personal property" means an item of excess personal property that the Department declares is not needed by any unit of the State government.

#### Section 4-502

(a)

  (1) The head of a unit of the State government may declare an item of personal property in the possession of the unit to be excess personal property by submitting a declaration of excess personal property to the Department.

  (2) The declaration is effective on approval by the Department.

(b) The Department may declare excess personal property to be surplus personal property if the Department determines that the excess personal property cannot be used by any unit of the State government.

#### Section 4-503

(a) The Department shall administer all arrangements for moving excess personal property or surplus personal property.

(b) The Department shall decide whether excess personal property or surplus personal property shall be:

  (1) moved to a central location; or

  (2) disposed of at its present location.

#### Section 4-504

(a) The Secretary may dispose of excess personal property and surplus personal property as provided in this section.

(b)

  (1) Whenever feasible, the Secretary shall dispose of excess personal property by transferring it to another unit of the State government.

  (2) The unit of the State government that receives the excess personal property shall pay any cost of the transfer.

(c) The Secretary:

  (1) may dispose of any surplus personal property; and

  (2) shall seek to gain the maximum value for the State in the disposition.

(d)

  (1) The Secretary shall dispose of surplus personal property:

    (i) by dismantling it for recovery of valuable parts;

    (ii) by trading it in;

    (iii) by transferring it to a local jurisdiction, public school system, or nonprofit organization;

    (iv) by auctioning or selling it, including selling it for scrap value; or

    (v) if no value can be realized from it, by destroying it.

  (2) If surplus personal property is destroyed under this subsection, the unit of the State government that declared the item to be excess personal property shall pay any cost of destruction.

(e) The Secretary may delegate the authority to dispose of surplus personal property to a designee of the Secretary or, by regulation, to another unit of the State government.

#### Section 4-505

(a) Except as provided in subsection (b) of this section, money received from the auction or sale of any surplus personal property in excess of charges which might be imposed by the Department of General Services for conducting the auction or sale shall be deposited in the General Fund of the State. If the Department of Budget and Management approves, the money in excess of the service charge may be credited to the account of the unit of the State government that declared the property to be excess personal property.

(b) Money received from the auction or sale of surplus personal property shall be deposited as follows:

  (1) if the item was purchased from a special fund appropriation, the proceeds shall be deposited in the appropriate special fund;

  (2) if the item was purchased with bond money, the proceeds shall be deposited in the Annuity Bond Fund; and

  (3) if the item was purchased with federal money, the proceeds shall be disbursed in accordance with federal law.

#### Section 4-506

(a) The Department shall distribute periodically a list of excess personal property to each unit of the State or a local government.

(b) The Department shall adopt regulations to implement this subtitle. Any regulation adopted under this subtitle is subject to approval by the Board of Public Works.

(c) The Department may use excess personal property to satisfy a purchase requisition if the excess personal property:

  (1) is functional;

  (2) is serviceable; and

  (3) satisfies the need of the requisitioning unit.

#### Section 4-507

If the Department trades in surplus personal property for a replacement for the unit of the State government that declared the item excess, the Department shall give credit to that unit in the form of a reduced cost for the replacement property.

#### Section 4-508

If a unit of the State government requisitions a nonexpendable item to replace any item, the unit shall declare the existing item to be excess personal property unless the Department of Budget and Management waives this requirement. The unit of the State government seeking to replace the item shall submit a declaration of excess personal property to the Department of General Services with the purchase requisition for the replacement item.

### Subtitle 6

#### Section 4-601

(a) Subject to subsection (c) of this section, the Department has statewide jurisdiction over and full police authority for the enforcement of the criminal laws and the parking and motor vehicle laws as to the operation, maintenance, and protection of:

  (1) State-owned or State-leased buildings and grounds and extending to the surrounding area that encompasses 2,000 feet in any direction from the boundary of those buildings and grounds; and

  (2) other public improvements or grounds designated by law or by the Board of Public Works.

(b)

  (1) Subject to paragraphs (2) and (3) of this subsection, and in addition to the powers conferred under subsection (a) of this section, a police officer of the Maryland Capitol Police within the Department may investigate and otherwise enforce statewide the criminal laws, Title 12 of the Criminal Procedure Article, and parking and motor vehicle laws.

  (2) If a police officer of the Maryland Capitol Police within the Department exercises the powers granted under paragraph (1) of this subsection, notification of the investigation and enforcement shall be provided:

    (i) to the Secretary of State Police or the designee of the Secretary, reasonably in advance of the investigation or enforcement, unless an emergency or exigency exists; and

    (ii) to the following, as applicable, after the investigation or enforcement:

      (1) the chief of police of a law enforcement agency listed in Sec. 1-101(c)(1)(ii) of the Public Safety Article or the designee of the chief of police;

      (2) in a county in which the Department of State Police provides general law enforcement:

      (A) the commander of the local barracks for the Department of State Police or the designee of the commander; and

      (B) the Secretary of State Police or the designee of the Secretary;

      (3) in Baltimore City:

      (A) the Police Commissioner or the designee of the Police Commissioner; and

      (B) the Sheriff or the designee of the Sheriff; and

      (4)

        (A) the Secretary of State Police or the designee of the Secretary;

      (B) the Chief of Police of the Maryland Transit Administration Police Force or the designee of the Chief;

      (C) the Chief of Police of the Maryland Department of Health Secured Transport and Investigation Unit or the designee of the Chief; and

      (D) the Superintendent of the Maryland Department of Natural Resources Police or the designee of the Superintendent.

  (3) Notification required under paragraph (2) of this subsection shall be made in accordance with adopted State regulations, policies, procedures, and memoranda of understanding.

(c) Consistent with Article 8 of the Maryland Declaration of Rights, with respect to State legislative buildings in the City of Annapolis, the presiding officers of the General Assembly shall have final authority over the use of and access to the buildings by the members of the General Assembly, their staff, and Department of Legislative Services personnel.

#### Section 4-602

(a) In accordance with the provisions of the State Personnel and Pensions Article, the Secretary may appoint and remove superintendents to supervise designated improvements, grounds, and multiservice centers under the jurisdiction of the Department, including those in Annapolis and Baltimore City.

(b) A superintendent shall perform the duties delegated by the Secretary.

(c) A superintendent is entitled to compensation in accordance with the State budget.

#### Section 4-603

The Secretary may establish divisions or offices in the Department to carry out the responsibilities for improvements, grounds, and multiservice centers under the jurisdiction of the Department.

#### Section 4-604

For all improvements, grounds, and multiservice centers under the jurisdiction of the Department, the responsibilities of the Department include:

(1) keeping a complete inventory of movable property assigned to the Department;

(2) supervising utility and sanitation services and fire and safety systems;

(3) supervising repairs and other work;

(4) landscaping;

(5) purchasing carpets, equipment, furniture, and supplies;

(6) protecting persons and property, including dispersing any assemblage that is unlawful, is dangerous, or obstructs free passage;

(7) preserving and protecting the public peace, health, and safety; and

(8) controlling pedestrian and vehicular traffic, including establishing speed limits and parking and impoundment regulations for parking garages, surface parking lots, roads, and sidewalks that are owned or leased by the State and that are within the improvements, grounds, and multiservice centers.

#### Section 4-605

(a)

  (1) In accordance with the provisions of the State Personnel and Pensions Article, the Secretary may establish a police and security force, known as the Maryland Capitol Police of the Department of General Services, with statewide jurisdiction to protect people and property in accordance with Sec. 4-601 of this subtitle.

  (2)

    (i) The Secretary shall appoint the Chief of the Maryland Capitol Police of the Department of General Services.

    (ii) The Chief of the Maryland Capitol Police of the Department of General Services serves at the pleasure of the Secretary.

    (iii) The Chief of the Maryland Capitol Police of the Department of General Services shall supervise and direct the affairs and operations of the Maryland Capitol Police.

  (3) The Maryland Capitol Police of the Department of General Services may include sworn police officers.

(b) A member of the Maryland Capitol Police of the Department of General Services may not be involuntarily transferred from a site to another site.

(c) Subject to subsection (d) of this section, a Maryland Capitol Police officer has all the powers granted to a peace officer and a police officer of the State.

(d) A Maryland Capitol Police officer may exercise the powers described in subsection (c) of this section within the Department's jurisdiction as specified in Sec. 4-601 of this subtitle provided the police officer:

  (1) meets the legal requirements set forth by the Maryland Police Training and Standards Commission; and

  (2) is designated by the Department as a police officer.

#### Section 4-605.1

(a)

  (1) Within the limits of any appropriation made for this purpose and as the Secretary determines necessary, the Secretary shall appoint police employees for the efficient administration of the Maryland Capitol Police of the Department of General Services.

  (2) The Secretary shall make each appointment under paragraph (1) of this subsection from a list of eligible candidates in accordance with the provisions of the State Personnel and Pensions Article.

(b)

  (1) Each police employee, including an individual who is appointed to the Maryland Capitol Police for training before regular assignment as a police employee, shall remain in a probationary status for a period of 1 year after the date of appointment to the Maryland Capitol Police of the Department of General Services.

  (2) The Secretary may terminate the employment of a police employee in probationary status for any reason that the Secretary considers sufficient.

#### Section 4-607

(a) The Secretary may adopt regulations for the operation, maintenance, and security of the improvements, grounds, and multiservice centers under the jurisdiction of the Department.

(b) Any regulation adopted under this section shall be conspicuously posted.

(c) A person who violates a regulation adopted under this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $20 plus costs. A person who fails to pay any fine or costs imposed under this section may be imprisoned in jail for a period not exceeding 30 days.

#### Section 4-608

(a) Annually, the State shall appropriate in the State budget and pay to the Mayor and Aldermen of the City of Annapolis at least $750,000 as payment for services provided to the State by the City of Annapolis.

(b) For fiscal year 2022 and each fiscal year thereafter, the appropriation required under subsection (a) of this section shall be increased by the percent increase in the Consumer Price Index for All Urban Consumers for the Baltimore Metropolitan Statistical Area.

### Subtitle 7

#### Section 4-701

In this subtitle, "Board" means the State Board of Architectural Review.

#### Section 4-702

There is a State Board of Architectural Review in the Department.

#### Section 4-703

(a)

  (1) The Board consists of 7 members.

  (2)

    (i) Upon the recommendation of the Secretary and with the advice and consent of the Senate, the Governor shall appoint the members from a list of names:

      (1) of architects, submitted by the Baltimore, Chesapeake Bay, and Potomac Valley chapters of the American Institute of Architects;

      (2) of engineers, submitted by the Maryland Society of Professional Engineers; and

      (3) of landscape architects, submitted by the Maryland Chapter of the American Society of Landscape Architects.

    (ii) There shall be at least 5 names on the list submitted by each organization.

  (3) The Board shall consist of architects and at least 1 engineer, 1 landscape architect, and 1 architect who specializes or has particular experience in building preservation.

(b) The term of a member is 4 years.

(c) A member of the Board:

  (1) may not receive compensation; but

  (2) is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

#### Section 4-704

Except for the Department of Transportation and the Maryland Transportation Authority in connection with the construction of roads, bridges, or highways, each State agency shall refer to the Board any major architectural problem or plan concerning the construction, reconstruction, or repair of a State building.

### Subtitle 8

#### Section 4-801

(a) In this subtitle the following words have the meanings indicated.

(b) "Building" means:

  (1) any new structure with an area of at least 5,000 square feet;

  (2) any change to an existing structure that:

    (i) will add at least 10% gross floor space to the structure and has an estimated construction cost of more than $25,000; or

    (ii) constitutes a major renovation; or

  (3) any structure with an area of at least 5,000 square feet that is leased or owned by the State.

(c) "Energy-consumption analysis" means an evaluation, by type and amount of energy used, of:

  (1) each piece of equipment that serves a building, including any piece of equipment that is used:

    (i) to cool the building;

    (ii) to heat the building; or

    (iii) to heat water used in the building;

  (2) each piece of equipment on the building site that is:

    (i) used to generate electricity for the building; or

    (ii) powered, in whole or in part, by coal, electricity, natural gas, oil, sun, or wind; and

  (3) each conservation measure included in the building that decreases the energy requirements of the building.

(d) "Energy performance index" means a number that:

  (1) describes the energy requirements of a building measured at the building boundaries under defined internal and external ambient conditions over an entire seasonal cycle; and

  (2) is stated either:

    (i) per square foot of floor space in the building; or

    (ii) per cubic foot of occupied volume of the building.

(e) "Life of the building" has the meaning established by the Department under Sec. 4-808 of this subtitle.

(f) "Life-cycle costs" means the sum of the following costs of a building:

  (1) the cost of initial construction;

  (2) the cost of all energy conservation measures;

  (3) the cost of operation and maintenance, including labor and materials, for the life of the building;

  (4) the cost, over the life of the building, of the fuel used by:

    (i) the equipment that controls or provides the humidity, lighting, power, temperature, and ventilation of the building; and

    (ii) other energy-using equipment in the building; and

  (5) the other costs incident to owning the building.

(g) "Primary procurement unit" has the meaning provided in Sec. 11-101 of this article.

#### Section 4-802

To encourage the consideration of energy efficiency in building design and to establish a model for future application in the private sector, it is the policy of the State that any building financed or constructed by the State or with State assistance must be designed and constructed to:

(1) minimize the cost to the State; and

(2) achieve the most efficient use of energy resources in the operation and maintenance of the building.

#### Section 4-803

(a) To save both cost and energy, the Department shall project life-cycle costs and perform an energy consumption analysis during the preliminary design phase of the construction or renovation of any building.

(b) Each construction appropriation shall require a State agency, including a district school board, to obtain a projection of life-cycle costs and an energy consumption analysis from the Department.

#### Section 4-804

When a primary procurement unit replaces or supplements a major item of energy-consuming equipment in an existing building owned or leased by the State, the procurement of the equipment shall be made on the basis of a life-cycle cost analysis of alternatives in accordance with standards established under Sec. 4-808 of this subtitle.

#### Section 4-806

(a) So that it can audit and evaluate competing design proposals, the Department shall set standards for energy performance indices.

(b) As experience develops on the energy performance achieved in State buildings, the energy performance indices will serve as a measure of building performance with respect to energy consumption.

(c) The Department, in cooperation with the Maryland Energy Administration, shall assist State agencies in reducing, by 2031, the average energy consumption in State buildings by 20% from the level in fiscal year 2018.

(d) On or before October 1, 2024, the Maryland Green Building Council shall:

  (1) update the High Performance Green Building Program authorized under Sec. 3-602.1 of this article to ensure that all new buildings and major renovations subject to the Program align with the State's goal of achieving net zero greenhouse gas emissions by 2045; and

  (2) submit a copy of the updated Program to the Governor and, in accordance with Sec. 2-1257 of the State Government Article, the General Assembly.

(e)

  (1) The Department shall identify State-owned facilities that are potential candidates for energy savings performance contracts.

  (2) State agencies shall provide on-site support to work with the Department at facilities identified as candidates for energy savings performance contracts under this subsection.

(f)

  (1) Each year, the Department shall conduct an energy and greenhouse gas emissions audit of at least 2,000,000 square feet of State-owned buildings.

  (2) The audit shall include best practices and identify low-cost measures for increasing energy efficiency and reducing greenhouse gas emissions.

  (3) The Department shall provide a copy of the audit to the head of each unit of State government that occupies the space audited.

  (4)

    (i) Each unit of State government that occupies the space audited shall, to the fullest extent practicable, implement the measures identified in the audit.

    (ii) For 1 year following the implementation of the measures identified in the audit, the Department shall:

      (1) monitor the unit's energy use and greenhouse gas emissions;

      (2) track any changes resulting from the measures; and

      (3) calculate any energy cost savings and emissions reductions resulting from the measures.

(g)

  (1) In this subsection, "Database" means the Comprehensive Utility Records Management Database.

  (2) The Department shall record reductions in energy consumption and greenhouse gas emissions resulting from the energy-savings measures in the Database.

  (3) Each month or on request by the Department, each unit of State government shall provide the Department with access to available data about the unit's facilities and copies of the unit's utility bills.

  (4) The Department shall report to the Governor annually on each unit's data compliance.

  (5) The Department shall use the facility data and utility bill information provided under this subsection to fully populate, update, and maintain the Database.

(h) Each unit of State government shall, in support of the unit's core missions, implement projects and initiatives to conserve energy and reduce the unit's greenhouse gas emissions.

(i) Provisions promoting the State's energy efficiency and greenhouse gas emissions reduction goals shall be included in each request for proposals that:

  (1) is for the leasing of space to the State; and

  (2) would obligate the State to pay the utility bills for the leased space.

(j) Each fiscal year, the Department shall report to the Governor on the State's progress toward achieving the goal of reducing energy consumption in State buildings by 20%.

#### Section 4-807

(a) The Department, in cooperation with the Maryland Energy Administration, shall establish standards and procedures, including energy conservation performance guidelines, for evaluating the efficiency of the design for any proposed State-financed or State-assisted building construction.

(b) The standards shall be based on materials developed by the Department, in cooperation with the Maryland Energy Administration, and on the best currently available methods of evaluating design efficiency, including methods developed or used by:

  (1) the Department of Housing and Urban Development and other federal agencies;

  (2) the National Institute of Standards and Technology; and

  (3) professional societies.

(c) The Department, in cooperation with the Maryland Energy Administration, shall update the standards and procedures by March 1 of each odd-numbered year.

#### Section 4-808

(a) To determine life-cycle costs, the Department, in cooperation with the Maryland Energy Administration, shall establish standards that require at least:

  (1) an evaluation of:

    (i) the amount and type of glass used in the building and the directions of exposure;

    (ii) the effect of insulation incorporated into the design of the building;

    (iii) the effect of the use of active and passive solar energy systems;

    (iv) if wind or solar energy is used, the orientation and integration of the building with respect to its site; and

    (v) the variable occupancy and operating conditions of the building and its parts;

  (2) an energy consumption analysis of each major piece of equipment in any of the following systems serving the building:

    (i) the cooling system;

    (ii) the heating system;

    (iii) the hot water system;

    (iv) the lighting system;

    (v) the ventilation system; and

    (vi) any other major energy-using system; and

  (3) a comparison of possible alternative energy systems:

    (i) that would use the most plentiful and available energy resources in combinations that would result in maximum energy efficiency, both in the building and at the source; and

    (ii) with respect to the projected annual energy consumption of the major energy-using equipment of each system over the life of the building.

(b) To evaluate life-cycle costs, the Department shall:

  (1) adopt and uniformly apply a definition of the "life of the building"; and

  (2) provide defending criteria for the definition adopted.

#### Section 4-809

(a) There is a Maryland Green Building Council.

(b) The Council shall include:

  (1) the Secretary of General Services, or the Secretary's designee;

  (2) the Secretary of Budget and Management, or the Secretary's designee;

  (3) the Secretary of the Environment, or the Secretary's designee;

  (4) the Secretary of Labor, or the Secretary's designee;

  (5) the Secretary of Natural Resources, or the Secretary's designee;

  (6) the Secretary of Planning, or the Secretary's designee;

  (7) the Secretary of Transportation, or the Secretary's designee;

  (8) the Director of the Maryland Energy Administration, or the Director's designee;

  (9) the Director of the Interagency Commission on School Construction, or the Director's designee;

  (10) the Chancellor of the University System of Maryland, or the Chancellor's designee; and

  (11) six members appointed by the Governor to represent environmental, business, and citizen interests, one of whom has expertise in energy conservation or green building design standards.

(c)

  (1) The term of a member appointed by the Governor is 2 years.

  (2) The terms of appointed members are staggered.

  (3) At the end of a term, a member continues to serve until a successor is appointed and qualifies.

  (4) A member who is appointed after a term has begun serves only for the remainder of that term and until a successor is appointed and qualifies.

  (5) The Governor may remove an appointed member for incompetence, misconduct, or failure to perform the duties of the position.

  (6) A member appointed by the Governor may not receive compensation, but is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

(d)

  (1) The Governor shall appoint a chair from among the Council members.

  (2) The Council may act with an affirmative vote of nine members.

(e) Staff support to the Council shall be provided by the Department of General Services, with assistance as necessary to be furnished by other involved agencies and units of State government.

(f) The Maryland Green Building Council shall:

  (1) evaluate current high performance building technologies;

  (2) provide recommendations concerning the most cost-effective green building technologies that the State might consider requiring in the construction of State facilities, including consideration of the additional cost associated with the various technologies;

  (3) provide recommendations concerning how to expand green building in the State;

  (4) develop a list of building types for which green building technologies should not be applied, taking into consideration the operational aspects of facilities evaluated, and the utility of a waiver process where appropriate;

  (5) establish a process for receiving public input; and

  (6) develop guidelines for new public school buildings to achieve the equivalent of the current version of the U.S. Green Building Council's LEED (Leadership in Energy and Environmental Design) Green Building Rating System Silver rating or a comparable rating system or building code as authorized in Sec. 3-602.1 of this article without requiring an independent certification that the buildings have achieved the required standards.

(g) On or before November 1 of each year, the Council shall report to the Governor and the General Assembly, in accordance with Sec. 2-1257 of the State Government Article, as to recommendations for the implementation plan for a higher performance building program in the State and any progress that has been made during the preceding year.

#### Section 4-810

On or before January 1, 2030, each primary procurement unit shall ensure that at least 75% of the electricity supply procured by the unit for use in State facilities is derived from no- or low-carbon energy sources. 

### Subtitle 9. Buy Clean Maryland Act

#### Section 4-901

(a) In this subtitle the following words have the meanings indicated.

(b) "Eligible material" means any cement or concrete mixture used in the construction of an eligible project.

(c)

  (1) "Eligible project" means a capital project described in Sec. 3-602.1(c) of this article.

  (2) "Eligible project" does not include any maintenance program for the upkeep of an eligible project.

(d) "Global warming potential" means the degree that a given mass of a chemical contributes to global warming over a given time period when compared to the same mass of carbon dioxide.

(e) "Greenhouse gas" has the meaning stated in Sec. 2-1202 of the Environment Article.

#### Section 4-902

In administering this subtitle, the Department shall strive to achieve a continuous reduction of greenhouse gas emissions over time.

#### Section 4-903

(a)

  (1) On or before December 31, 2024, producers of eligible materials shall submit environmental product declarations to the Department.

  (2) The Department shall analyze environmental product declarations and assess global warming potential for eligible materials used in an eligible project in accordance with this section.

(b) On or before January 1, 2026, the Department shall, in consultation with the Department of Transportation, establish a maximum acceptable global warming potential for each category of eligible materials used in an eligible project in accordance with this section.

(c) The Department shall:

  (1) base the maximum acceptable global warming potential on the industry average of global warming potential emissions for that material;

  (2) determine the industry average of global warming potential emissions, which may include transportation-related emissions, by consulting nationally or internationally recognized databases of environmental product declarations; and

  (3) express the maximum acceptable global warming potential as a number that states the maximum acceptable global warming potential for each category of eligible materials, consistent with criteria in an environmental product declaration.

(d) The Department may:

  (1) establish additional subcategories within each category of eligible material with distinct maximum acceptable global warming potential limits;

  (2) establish a maximum acceptable global warming potential for each material category in the aggregate; and

  (3) consult with any other relevant unit of State government when establishing a maximum acceptable global warming potential for each category of eligible materials used in an eligible project.

(e)

  (1) Subject to paragraph (2) of this subsection, by January 1, 2029, and every 3 years thereafter, the Department shall review the maximum acceptable global warming potential for each category of eligible materials and may adjust the potential for any category to reflect industry conditions.

  (2) The Department may not adjust the global warming potential upward for any category of eligible material.

#### Section 4-904

#### Section 4-905

---

Md. Code Ann., State Fin. & Proc. (as displayed at mgaleg.maryland.gov, October 16, 2026)