Energy Conservation in State Buildings

2023 Update:

On May 17th, 2023, Governor Wes Moore signed executive order 01.01.2023.07 doubling Maryland’s energy conservation goal for state-owned buildings from a 10% decrease by 2029 to a 20% decrease by 2031. The EO also requires the Maryland Green Building Council to update the High-Performance Green Building Program to ensure that all new buildings and major renovations align with the state’s goal to achieve net-zero greenhouse gas emissions by 2045.

These standards apply to new buildings or major renovation projects that are:

• Funded solely with State funds and are of 7,500-gross square feet or larger or are community college projects that receive any State funds and are of 7,500-gross square feet or larger;
• New and major renovations of pre-kindergarten through 12th grade (PK-12) public schools for which the Request for Proposal (RFP) for architecture and engineering (A/E) design services is issued after July 1, 2009 and is funded at least in part by State funds;
• Any construction implemented by another instrumentality, public or private, that may be subject to the Program pursuant to other Maryland statutes or regulations.

The program does not apply to the folowing facilities or project types:

• Unoccupied buildings including warehouse and storage facilities; garages; maintenance facilities; transmitter buildings; pumping stations; and other similar types of buildings, as determined by the Department of Budget and Management;
• Facilities as described in Chapter 3 of the International Building Code (IBC):
  1. High‐hazard Group: H
  2. Storage Group: S
  3. Utility And Miscellaneous Group: U

New construction and major renovations must meet the requirements of the Green Building Councils High-Performance Building standard requiring at least one of the following:

• Achieve a minimum LEED Silver rating, while striving for a LEED Gold rating or better.
• Achieve a minimum rating of two Green Globes in the appropriate rating system, while striving for three Green Globes or better.
• Meet the State of Maryland Green Building Council-adopted version of the International Green Construction Code (IgCC)

The State of Maryland also has clean energy procurement requirements for state facilities.

Pre-2023 Update History:

Maryland’s policy for energy efficiency in state buildings is governed by a series of related policies adopted at different times. One of the earliest policies, adopted in 1985, established Life Cycle Cost Analysis Standards requiring the Department of General Services (DGS) to include an evaluation of the use of renewable energy systems (including active and passive solar and wind systems) and energy efficient strategies (including the effect of insulation and the amount and type of glass and direction of exposure) in creating standards for determining a building’s life-cycle costs. Additionally, in determining life-cycle costs, an energy consumption analysis is required for each major piece of equipment in the building’s chief energy-consuming systems (including cooling, heating, hot water, lighting and ventilation systems).

In 1992 the state enacted legislation requiring the Maryland Energy Administration (MEA) and the DGS to set energy performance standards that would reduce energy consumption in state buildings by 15% in 1996 and 25% by 2001 from a 1992 baseline. The law also required each state agency to perform an energy analysis for each building under its jurisdiction. Maryland’s governor issued Executive Order 01.01.2001.02 in March 2001 calling for a further 10% reduction of energy use in state buildings by 2005 and 15% by 2010 (relative to a 2000 baseline) and requiring all new energy-using products to carry the “ENERGY STAR” label or be in the top 25% in energy efficiency when products with labels are unavailable.

In 2006, S.B. 267 updated the older statute to require energy consumption in state buildings be reduced by 5% by 2009 and 10% by 2010 relative to a 2005 baseline. The bill also modified the previous energy analysis requirement to provide that a new analysis should be completed each year. The statute passed by the legislature supersedes the Executive Order described above, although the order has not been repealed and thus can still be considered an active part of state administrative law.

In April 2008, Maryland enacted additional laws designed to promote energy efficiency in state buildings. Among these was the Maryland High Performance Buildings Act (S.B. 208), which requires that capital projects involving the construction or major renovation of buildings funded solely with state funds meet the criteria for classification as a “high performance building”. New schools being constructed with state assistance must also meet this standard. In 2010 the law was amended to also require that community college capital projects that receive state funding also meet high performance building standards.