In this subtitle the following words have the meanings indicated. “Building” means: any new structure with an area of at least 5,000 square feet; any change to an existing structure that: will add at least 10% gross floor space to the structure and has an estimated construction cost of more than $25,000; or constitutes a major renovation; or any structure with an area of at least 5,000 square feet that is leased or owned by the State. “Energy-consumption analysis” means an evaluation, by type and amount of energy used, of: each piece of equipment that serves a building, including any piece of equipment that is used: to cool the building; to heat the building; or to heat water used in the building; each piece of equipment on the building site that is: used to generate electricity for the building; or powered, in whole or in part, by coal, electricity, natural gas, oil, sun, or wind; and each conservation measure included in the building that decreases the energy requirements of the building. “Energy performance index” means a number that: 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 is stated either: per square foot of floor space in the building; or per cubic foot of occupied volume of the building. “Life of the building” has the meaning established by the Department under § 4-808 of this subtitle. “Life-cycle costs” means the sum of the following costs of a building: the cost of initial construction; the cost of all energy conservation measures; the cost of operation and maintenance, including labor and materials, for the life of the building; the cost, over the life of the building, of the fuel used by: the equipment that controls or provides the humidity, lighting, power, temperature, and ventilation of the building; and other energy-using equipment in the building; and the other costs incident to owning the building. “Primary procurement unit” has the meaning provided in § 11-101 of this article.

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: minimize the cost to the State; and achieve the most efficient use of energy resources in the operation and maintenance of the building.

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. 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.

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 § 4-808 of this subtitle.

So that it can audit and evaluate competing design proposals, the Department shall set standards for energy performance indices. 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. 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. On or before October 1, 2024, the Maryland Green Building Council shall: update the High Performance Green Building Program authorized under § 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 submit a copy of the updated Program to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly. The Department shall identify State–owned facilities that are potential candidates for energy savings performance contracts. 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. 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. The audit shall include best practices and identify low–cost measures for increasing energy efficiency and reducing greenhouse gas emissions. The Department shall provide a copy of the audit to the head of each unit of State government that occupies the space audited. Each unit of State government that occupies the space audited shall, to the fullest extent practicable, implement the measures identified in the audit. For 1 year following the implementation of the measures identified in the audit, the Department shall: monitor the unit’s energy use and greenhouse gas emissions; track any changes resulting from the measures; and calculate any energy cost savings and emissions reductions resulting from the measures. In this subsection, “Database” means the Comprehensive Utility Records Management Database. The Department shall record reductions in energy consumption and greenhouse gas emissions resulting from the energy–savings measures in the Database. 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. The Department shall report to the Governor annually on each unit’s data compliance. The Department shall use the facility data and utility bill information provided under this subsection to fully populate, update, and maintain the Database. 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. Provisions promoting the State’s energy efficiency and greenhouse gas emissions reduction goals shall be included in each request for proposals that: is for the leasing of space to the State; and would obligate the State to pay the utility bills for the leased space. 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%.

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. 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: the Department of Housing and Urban Development and other federal agencies; the National Institute of Standards and Technology; and professional societies. The Department, in cooperation with the Maryland Energy Administration, shall update the standards and procedures by March 1 of each odd-numbered year.

To determine life-cycle costs, the Department, in cooperation with the Maryland Energy Administration, shall establish standards that require at least: an evaluation of: the amount and type of glass used in the building and the directions of exposure; the effect of insulation incorporated into the design of the building; the effect of the use of active and passive solar energy systems; if wind or solar energy is used, the orientation and integration of the building with respect to its site; and the variable occupancy and operating conditions of the building and its parts; an energy consumption analysis of each major piece of equipment in any of the following systems serving the building: the cooling system; the heating system; the hot water system; the lighting system; the ventilation system; and any other major energy-using system; and a comparison of possible alternative energy systems: 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 with respect to the projected annual energy consumption of the major energy-using equipment of each system over the life of the building. To evaluate life-cycle costs, the Department shall: adopt and uniformly apply a definition of the “life of the building”; and provide defending criteria for the definition adopted.

There is a Maryland Green Building Council. The Council shall include: the Secretary of General Services, or the Secretary’s designee; the Secretary of Budget and Management, or the Secretary’s designee; the Secretary of the Environment, or the Secretary’s designee; the Secretary of Labor, or the Secretary’s designee; the Secretary of Natural Resources, or the Secretary’s designee; the Secretary of Planning, or the Secretary’s designee; the Secretary of Transportation, or the Secretary’s designee; the Director of the Maryland Energy Administration, or the Director’s designee; the Director of the Interagency Commission on School Construction, or the Director’s designee; the Chancellor of the University System of Maryland, or the Chancellor’s designee; and 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. The term of a member appointed by the Governor is 2 years. The terms of appointed members are staggered. At the end of a term, a member continues to serve until a successor is appointed and qualifies. 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. The Governor may remove an appointed member for incompetence, misconduct, or failure to perform the duties of the position. 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. The Governor shall appoint a chair from among the Council members. The Council may act with an affirmative vote of nine members. 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. The Maryland Green Building Council shall: evaluate current high performance building technologies; 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; provide recommendations concerning how to expand green building in the State; 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; establish a process for receiving public input; and 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 § 3–602.1 of this article without requiring an independent certification that the buildings have achieved the required standards. On or before November 1 of each year, the Council shall report to the Governor and the General Assembly, in accordance with § 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.

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.