In this subtitle the following words have the meanings indicated. “Eligible material” means any cement or concrete mixture used in the construction of an eligible project. “Eligible project” means a capital project described in § 3–602.1(c) of this article. “Eligible project” does not include any maintenance program for the upkeep of an eligible project. “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. “Greenhouse gas” has the meaning stated in § 2–1202 of the Environment Article.

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

On or before December 31, 2024, producers of eligible materials shall submit environmental product declarations to the Department. 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. 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. The Department shall: base the maximum acceptable global warming potential on the industry average of global warming potential emissions for that material; 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 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. The Department may: establish additional subcategories within each category of eligible material with distinct maximum acceptable global warming potential limits; establish a maximum acceptable global warming potential for each material category in the aggregate; and 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. 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. The Department may not adjust the global warming potential upward for any category of eligible material.