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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1161*
HOUSE BILL 1161
P1 6lr1099
By: Delegate Korman
Introduced and read first time: February 11, 2026
Assigned to: Government, Labor, and Elections
A BILL ENTITLED
AN ACT concerning 1
Board of Public Works – Contract Review – Climate and Sustainability 2
Information 3
(BPW Climate Transparency Act) 4
FOR the purpose of requiring a State agency to provide certain climate and sustainability 5
information on submission of a certain contract award recommendation on proposed 6
public–private partnership agreement s to the Board of Public Works ; requiring 7
certain liaisons to the Board to ensure compliance with this Act; requiring the 8
climate and sustainability information to be placed on the Board agenda; requiring 9
the Department of General Services to issue certain guidance; and generally relating 10
to the Board of Public Works and climate and sustainability. 11
BY repealing and reenacting, without amendments, 12
Article – State Finance and Procurement 13
Section 10–101 14
Annotated Code of Maryland 15
(2021 Replacement Volume and 2025 Supplement) 16
BY adding to 17
Article – State Finance and Procurement 18
Section 10–208 19
Annotated Code of Maryland 20
(2021 Replacement Volume and 2025 Supplement) 21
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
That the Laws of Maryland read as follows: 23
Article – State Finance and Procurement 24
10–101. 25
2 HOUSE BILL 1161
In this title, “Board” means the Board of Public Works. 1
10–208. 2
(A) THIS SECTION APPLIES TO THE FOLLOWING CATEGO RIES OF 3
CONTRACTS AND AGREEMENTS SUBMITTED TO THE BOARD FOR ITS APPROVAL: 4
(1) ARCHITECTURAL AND ENGINEERING SERVICES CONTRACTS; 5
(2) CONSTRUCTION CONTRACTS; 6
(3) ENERGY PERFORMANCE CONTRACTS; 7
(4) GENERAL MISCELLANEOUS CONTRACTS; 8
(5) LANDLORD LEASE CONTRACTS; 9
(6) TENANT LEASE CONTRACTS; 10
(7) MAINTENANCE CONTRACTS; AND 11
(8) PUBLIC–PRIVATE PARTNERSHIP AGREEMENTS. 12
(B) THE BOARD SHALL REQUIRE AN AGENCY TO PROVIDE, TO THE EXTENT 13
APPLICABLE, THE FOLLOWING CLIMAT E AND SUSTAINABILITY INFORMATION ON 14
SUBMISSION OF A CONTRACT AWARD RECOMMENDATION OR P ROPOSED 15
PUBLIC–PRIVATE PARTNERSHIP AGREEMENT TO THE BOARD: 16
(1) IF THE CONTRACT OR AGREEMENT CONTRIBUTES TO THE STATE’S 17
GREENHOUSE GAS EMISSIONS REDUCTION OR NET–ZERO CARBON GOALS , HOW 18
THOSE BENEFITS ARE ATTAINED; 19
(2) HOW THE CONTRACT OR AGREEMENT PROVIDES FOR RESILIENCE 20
AND ADAPTATION TO PROJEC TED CLIMATE CHANGE A ND EXTREME WEATHER 21
EVENTS OVER THE TERM OR THE USEFUL LIFE OF THE SUPPLIES OR SERVICES; 22
(3) HOW THE CONTRACT OR AGREEMENT ADVANCES THE STATE’S 23
GOALS AND LEADERSHIP ON CLIMATE MITIGATION, ADAPTATION, RESILIENCY, OR 24
INNOVATION FOR SUSTAINABLY SOURCED SUPPLIES OR SERVICES; 25
(4) WHAT PRODUCTS OR SERVICES IN THE CONTRACT OR AGREEMENT 26
ARE ENVIRONMENTALLY PREFERABLE, AS DEFINED BY THE MARYLAND GREEN 27
PURCHASING COMMITTEE UNDER § 14–410 OF THIS ARTICLE; 28
HOUSE BILL 1161 3
(5) HOW THE CONTRACT OR AGREEMENT INCORPORATES ASPECTS OF 1
DESIGN OR CONSTRUCTION THAT ARE CONSISTENT WITH THE STANDARDS ADOPTED 2
BY THE MARYLAND GREEN BUILDING COUNCIL; 3
(6) HOW THE CONTRACT OR AGREEMENT FULLY COMPLIES WITH THE 4
HIGH PERFORMANCE BUILDING REQUIREMENTS UNDER § 3–602.1 OF THIS ARTICLE; 5
AND 6
(7) HOW THE CONTRACT OR AGREEMENT IS CONSIST ENT WITH THE 7
BUILDING ENERGY PERFORMANCE STANDARDS FOR PROJECT S THAT WOULD BE 8
COVERED BY THE BUILDING ENERGY PERFORMANCE STANDARDS UNDER § 2–1602 9
OF THE ENVIRONMENT ARTICLE. 10
(C) THE LIAISONS TO THE BOARD FROM THE OFFICES OF THE GOVERNOR, 11
THE COMPTROLLER, AND THE STATE TREASURER SHALL ENSURE THAT THE 12
INFORMATION REQUIRED IN THIS SECTION APPE ARS ON THE AGENDA OF THE 13
BOARD WHEN THE CONTRACT IS TO BE CONSIDERED. 14
(D) THE SECRETARY OF THE BOARD MAY EXEMPT CONT RACTS OR 15
AGREEMENTS FROM THE PROVISIONS OF THIS S ECTION IF THE SECRETARY 16
DETERMINES THAT THE REVIEW UNDER THIS SECTION IS NOT NECESSARY. 17
(E) THE DEPARTMENT OF GENERAL SERVICES SHALL ISSUE GUIDANCE TO 18
STATE AGENCIES ON COMPLYING WITH THE PROVISIONS OF THIS SECTION. 19
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 20
October 1, 2026. 21