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*hb0870*
HOUSE BILL 870
E4, M5, M3 6lr1165
By: Delegates Korman and Boafo, Boafo, Behler, Boyce, Foley, J. Long, Lewis, and
Stein
Introduced and read first time: February 4, 2026
Assigned to: Environment and Transportation
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 6, 2026
CHAPTER ______
AN ACT concerning 1
Maryland Building Performance Standards – Energy Conservation 2
Requirements 3
Environment – Permit Applications for New Buildings – Notice 4
(Large Buildings for Tomorrow Act) 5
FOR the purpose of requiring the Maryland Department of Labor, on or before a certain 6
date and as part of the Maryland Building Performance Standards, to adopt energy 7
conservation requirements for the new construction of certain buildings that are 8
subject to the Building Energy Performance Standards adopted by the Maryland 9
Department of the Environment , beginning on a certain date, a county or 10
municipality to provide certain notice to the Department of the Environment of a 11
certain permit application for a certain new building within a certain period of time 12
after a county or municipality accepts the permit application; and generally relating 13
to the Maryland Building Performance Standards and energy conservation 14
requirements permit applications for new buildings. 15
BY repealing and reenacting, without amendments, 16
Article – Environment 17
Section 2–1601(a), (b), (c), (d), (e), and (g) 18
Annotated Code of Maryland 19
(2013 Replacement Volume and 2025 Supplement) 20
BY adding to 21
Article – Environment 22
2 HOUSE BILL 870
Section 2–1603 1
Annotated Code of Maryland 2
(2013 Replacement Volume and 2025 Supplement) 3
BY repealing and reenacting, with amendments, 4
Article – Public Safety 5
Section 12–503 6
Annotated Code of Maryland 7
(2022 Replacement Volume and 2025 Supplement) 8
BY adding to 9
Article – Public Safety 10
Section 12–503.1 11
Annotated Code of Maryland 12
(2022 Replacement Volume and 2025 Supplement) 13
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That the Laws of Maryland read as follows: 15
Article – Environment 16
2–1603. 17
(A) BEGINNING JULY 1, 2026, WITHIN 10 BUSINESS DAYS AFTER A COUNTY 18
OR MUNICIPALITY ACCEPTS A PERMIT APPLICATION FOR A NEW BUILDING THAT HAS 19
A PROPOSED GROSS FLO OR AREA OF 35,000 SQUARE FEET OR MORE , EXCLUDING 20
THE PARKING GARAGE A REA, THE COUNTY OR MUNICI PALITY SHALL PROVIDE 21
NOTICE OF THE PERMIT APPLICATION TO THE DEPARTMENT. 22
(B) THE NOTICE REQUIRED U NDER SUBSECTION (A) OF THIS SECTI ON 23
SHALL INCLUDE: 24
(1) THE ADDRESS OF THE PROPOSED BUILDING; 25
(2) THE BUILDING PERMIT APPLICATION NUMBER; 26
(3) THE TOTAL SQUARE FOOTAGE OF THE PROPOSED BUILDING; 27
(4) THE PROPOSED BUILDING TYPE; 28
(5) THE ENERGY SOURCES PL ANNED FOR USE IN THE PROPOSED 29
BUILDING; AND 30
(6) THE CONTACT INFORMATION FOR THE OWNER OF THE PROPOSED 31
BUILDING. 32
HOUSE BILL 870 3
2–1601. 1
(a) In this subtitle the following words have the meanings indicated. 2
(b) (1) “Agricultural building” means a structure that is used primarily to 3
cultivate, manufacture, process, or produce agricultural crops, raw materials, products, or 4
commodities. 5
(2) “Agricultural building” includes a greenhouse. 6
(c) “Building” has the meaning stated in the International Building Code. 7
(d) “Commercial bui lding” means a building that is subject to the commercial 8
provisions of the International Energy Conservation Code. 9
(e) (1) “Covered building” means a building that: 10
(i) 1. Is a commercial or multifamily residential building in the 11
State; or 12
2. Is owned by the State; and 13
(ii) Has a gross floor area of 35,000 square feet or more, excluding 14
the parking garage area. 15
(2) “Covered building” does not include: 16
(i) A building designated as a historic property under federal, State, 17
or local law; 18
(ii) A public or nonpublic elementary or secondary school building; 19
(iii) A manufacturing building; or 20
(iv) An agricultural building. 21
(g) “District energy” means thermal energy generated at one or more central 22
facilities that produce hot water, steam, or chilled water that then flows through a network 23
of insulated underground pipes to provide hot water, space heating, air conditioning, or 24
chilled water to nearby buildings. 25
Article – Public Safety 26
12–503. 27
(a) (1) The Department shall adopt by regulation, as the Maryland Building 28
Performance Standards, the International Building Code, including the International 29
4 HOUSE BILL 870
Energy Conservation Code, with the modifications incorporated by the Department under 1
subsection (b) of this section. 2
(2) The Department shall adopt each subsequent version of the Standards 3
within 18 months after it is issued. 4
(b) (1) Before adopting each version of the Standards, the Department shall: 5
(i) review the International Building Code to determine whether 6
modifications should be incorporated in the Standards; 7
(ii) consider changes to the International Building Code to enhance 8
energy conservation and efficiency; 9
(iii) subject to the provisions of paragraph (2)(ii) of this subsection , 10
adopt modifications to the Standards that allow any innovative approach, design, 11
equipment, or method of construction that can be demonstrated to offer performance that 12
is at least the equivalent to the requirements of: 13
1. the International Energy Conservation Code; 14
2. Chapter 13, “Energy Efficiency”, of the International 15
Building Code; or 16
3. Chapter 11, “Energy Efficiency”, of the International 17
Residential Code; 18
(iv) accept written comments; 19
(v) consider any comments received; and 20
(vi) hold a public hearing on each proposed modification. 21
(2) (i) Except as provided in subparagraph (ii) of this paragraph and [§ 22
12–510] §§ 12–503.1 AND 12–510 of this subtitle, the Department may not adopt, as part 23
of the Standards, a modification of a building code requirement that is more stringent than 24
the requirement in the International Building Code. 25
(ii) The Department may adopt energy conservation r equirements 26
that are more stringent than the requirements in the International Energy Conservation 27
Code, but may not adopt energy conservation requirements that are less stringent than the 28
requirements in the International Energy Conservation Code. 29
(c) The Standards apply to each building or structure in the State for which a 30
building permit application is received by a local jurisdiction on or after August 1, 1995. 31
(d) In addition to the Standards, the Department shall: 32
HOUSE BILL 870 5
(1) on or before January 1, 2023, adopt by regulation the 2018 1
International Green Construction Code; and 2
(2) adopt each subsequent version of the Code within 18 months after it is 3
issued. 4
12–503.1. 5
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 6
INDICATED. 7
(2) “COVERED BUILDING” HAS THE MEANING STATED IN § 2–1601 OF 8
THE ENVIRONMENT ARTICLE. 9
(3) “DISTRICT ENERGY” HAS THE MEANING STAT ED IN § 2–1601 OF 10
THE ENVIRONMENT ARTICLE. 11
(4) “ENERGY CONSERVATION M EASURE” MEANS A PHYSICAL 12
INSTALLATION IN A BU ILDING OR A CONNECTION TO A DI STRICT ENERGY SYSTEM 13
THAT ENHANCES THE BU ILDING’S ENERGY EFFICIENCY OR MINIMIZES THE 14
BUILDING’S ENERGY USE OR GREE NHOUSE GAS EMISSIONS AT THE LOWEST 15
PRACTICABLE COST. 16
(5) “FUEL TYPE ” MEANS THE COMBINATIO N OF ENERGY SOURCES 17
PLANNED FOR A USE IN A BUILDING, INCLUDING ELECTRICITY AND MIXED FUEL. 18
(B) THIS SECTION APPLIES ONLY TO THE NEW CONS TRUCTION OF A 19
COVERED BUILDING THAT IS SUBJECT TO PERFORMANCE STANDARDS ESTABLISHED 20
BY THE DEPARTMENT OF THE ENVIRONMENT UNDER COMAR 26.28. 21
(C) (1) ON OR BEFORE OCTOBER 1, 2028, AS PART OF THE STANDARDS, 22
THE DEPARTMENT SHALL ADOP T REGULATIONS ESTABL ISHING ENERGY 23
CONSERVATION REQUIREMENTS FOR COVERED BU ILDINGS IN ACCORDANC E WITH 24
THIS SUBSECTION. 25
(2) IN DEVELOPING THE REGULATIONS, THE DEPARTMENT SHALL: 26
(I) ADOPT PROVISIONS THAT REQUIRE: 27
1. PREDICTED ANNUAL NET DIRECT GREENHOUSE GA S 28
EMISSIONS OF ZERO; AND 29
6 HOUSE BILL 870
2. PREDICTED ANNUAL SIT E ENERGY USE INTENSI TY 1
PERFORMANCE TARGETS , AS DETERMINED BY THE DEPARTMENT OF THE 2
ENVIRONMENT; 3
(II) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION, FOR THE 4
PURPOSES OF THE STANDARDS AUTHORIZING COMPLIANCE VIA THE A TTAINMENT 5
OF ENERGY EFFICIENCY CREDITS OR ACHIEVEME NT OF PERFORMANCE 6
THRESHOLDS, CALCULATE AND ADOPT CREDITS AND PERFORMANCE THRESHOLDS 7
IN A MANN ER THAT COMPARES SIT E ENERGY USE INTENSI TY CHANGES FROM 8
ENERGY EFFICIENCY ME ASURES TO A 9
MARYLAND–SPECIFIC BASELINE MODEL THAT DOES NOT VARY ACCORDING TO FUEL 10
TYPE OF THE PROPOSED BUILDING FOR RELEVANT BUILDING TYPES; 11
(III) IN CONSULTATION WITH THE DEPARTMENT OF THE 12
ENVIRONMENT, ADOPT PROVISIONS THA T ALLOW AN OWNER OF A COVERED 13
BUILDING TO REQUEST A WAIVER FROM IMPLEMENTING AN ENERGY CONSERVATION 14
MEASURE THAT IS NECE SSARY TO COMPLY WITH THIS SUBTITLE IF THE MEASURE 15
CANNOT BE REASONABLY IMPLEMENTED, INCLUDING DUE TO LACK O F EXISTING 16
TECHNOLOGY; AND 17
(IV) MAKE BEST EFFORTS TO ALIGN REGULATIONS IM PACTING 18
THE NEW CONSTRUCTION WITH REGULATIONS ADOPTED BY THE DEPARTMENT OF 19
THE ENVIRONMENT REGARDING EXISTING BUILDINGS. 20
(3) CREDITS OR PERFORMANC E THRESHOLDS MAY NOT B E 21
CALCULATED IN A MANNER THAT AUTHORIZES BUILDINGS OF A CERTAIN FUEL TYPE 22
TO COMPLY WITH THE STANDARDS WHILE ACHIE VING A LOWER ENERGY 23
EFFICIENCY ON AVERAGE THAN BUILDINGS OF A DIFFERENT FUEL TYPE. 24
(4) (I) A LOCAL JURISDICTION M AY ADO PT ENERGY 25
CONSERVATION REQUIREMENTS FOR BUILDINGS THAT ARE MORE STRINGENT THAN 26
THE REQUIREMENTS ESTABLISHED BY THE DEPARTMENT UNDER THIS SECTION. 27
(II) IF THE LOCAL JURISDICTION WHERE A COVERED BUILDING 28
WILL BE LOCATED HAS ADOPTED ENERGY CONSE RVATION REQUIREMENTS MORE 29
STRINGENT THAN THE R EQUIREMENTS ESTABLIS HED UNDER THIS SUBSE CTION, 30
THE BUILDING SHALL B E REQUIRED TO MEET T HE MORE STRINGENT 31
REQUIREMENTS. 32
(5) IF THE VERSION OF THE INTERNATIONAL ENERGY 33
CONSERVATION CODE IN EFFECT AT THE TIME A BUILDING PERMIT APPLICATION IS 34
RECEIVED REQUIRES TH E BUILDING TO MEET E NERGY CONSERVATION 35
REQUIREMENTS THAT AR E MORE STRINGENT THA N THE REQUIREMENTS U NDER 36
HOUSE BILL 870 7
COMAR 26.28 FOR CALENDAR YEAR 2040, THE BUILDING SHALL BE REQUIRED TO 1
MEET THE MORE STRINGENT REQUIREMENTS. 2
(6) EXCEPT AS PROVIDED IN PARAGRAPH (5) OF THIS SUBSECTION , 3
NOTHING IN THIS SUBS ECTION MAY BE CONSTR UED TO REQUIRE A BUI LDING TO 4
MEET ANY REQUIREMENTS THAT ARE MORE STRINGENT THAT THE REQUIREMENTS 5
UNDER COMAR 26.28. 6
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 7
apply only prospectively and may not be applied or interpreted to have any effect on or 8
application to any new construction for which a complete commercial or residential service 9
request is made to the local utility or a development application or building permit 10
application is filed with a county or municipal corporation before the effective date of this 11
Act. 12
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 13
October 1, 2026. 14
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.