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WES MOORE, Governor Ch. 412
Chapter 412
(House Bill 870)
AN ACT concerning
Maryland Building Performance Standards – Energy Conservation
Requirements
Environment – Permit Applications for New Buildings – Notice
(Large Buildings for Tomorrow Act)
FOR the purpose of requiring the Maryland Department of Labor, on or before a certain
date and as part of the Maryland Building Performance Standards, to adopt energy
conservation requirements for the new construction of certain buildings that are
subject to the Building Energy Performance Standards adopted by the Maryland
Department of the Environment, beginning on a certain date, a county or
municipality to provide certain notice to the Department of the Environment of a
certain permit application for a certain new building within a certain period of time
after a county or municipality accepts the permit application; and generally relating
to the Maryland Building Performance Standards and energy conservation
requirements permit applications for new buildings.
BY repealing and reenacting, without amendments,
Article – Environment
Section 2–1601(a), (b), (c), (d), (e), and (g)
Annotated Code of Maryland
(2013 Replacement Volume and 2025 Supplement)
BY adding to
Article – Environment
Section 2–1603
Annotated Code of Maryland
(2013 Replacement Volume and 2025 Supplement)
BY repealing and reenacting, with amendments,
Article – Public Safety
Section 12–503
Annotated Code of Maryland
(2022 Replacement Volume and 2025 Supplement)
BY adding to
Article – Public Safety
Section 12–503.1
Annotated Code of Maryland
(2022 Replacement Volume and 2025 Supplement)
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Ch. 412 2026 LAWS OF MARYLAND
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Environment
2–1603.
(A) BEGINNING JULY 1, 2026, WITHIN 10 BUSINESS DAYS AFTER A COUNTY
OR MUNICIPALITY ACCEPTS A PERMIT APPLICATION FOR A NEW BUILDING THAT HAS
A PROPOSED GROSS FLOOR AREA OF 35,000 SQUARE FEET OR MORE, EXCLUDING
THE PARKING GARAGE AREA, THE COUNTY OR MUNICIPALITY SHALL PROVIDE
NOTICE OF THE PERMIT APPLICATION TO THE DEPARTMENT.
(B) THE NOTICE REQUIRED UNDER SUBSECTION (A) OF THIS SECTION
SHALL INCLUDE:
(1) THE ADDRESS OF THE PROPOSED BUILDING;
(2) THE BUILDING PERMIT APPLICATION NUMBER;
(3) THE TOTAL SQUARE FOOTAGE OF THE PROPOSED BUILDING;
(4) THE PROPOSED BUILDING TYPE;
(5) THE ENERGY SOURCES PLANNED FOR USE IN THE PROPOSED
BUILDING; AND
(6) THE CONTACT INFORMATION FOR THE OWNER OF THE PROPOSED
BUILDING.
2–1601.
(a) In this subtitle the following words have the meanings indicated.
(b) (1) “Agricultural building” means a structure that is used primarily to
cultivate, manufacture, process, or produce agricultural crops, raw materials, products, or
commodities.
(2) “Agricultural building” includes a greenhouse.
(c) “Building” has the meaning stated in the International Building Code.
(d) “Commercial building” means a building that is subject to the commercial
provisions of the International Energy Conservation Code.
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WES MOORE, Governor Ch. 412
(e) (1) “Covered building” means a building that:
(i) 1. Is a commercial or multifamily residential building in the
State; or
2. Is owned by the State; and
(ii) Has a gross floor area of 35,000 square feet or more, excluding
the parking garage area.
(2) “Covered building” does not include:
(i) A building designated as a historic property under federal, State,
or local law;
(ii) A public or nonpublic elementary or secondary school building;
(iii) A manufacturing building; or
(iv) An agricultural building.
(g) “District energy” means thermal energy generated at one or more central
facilities that produce hot water, steam, or chilled water that then flows through a network
of insulated underground pipes to provide hot water, space heating, air conditioning, or
chilled water to nearby buildings.
Article – Public Safety
12–503.
(a) (1) The Department shall adopt by regulation, as the Maryland Building
Performance Standards, the International Building Code, including the International
Energy Conservation Code, with the modifications incorporated by the Department under
subsection (b) of this section.
(2) The Department shall adopt each subsequent version of the Standards
within 18 months after it is issued.
(b) (1) Before adopting each version of the Standards, the Department shall:
(i) review the International Building Code to determine whether
modifications should be incorporated in the Standards;
(ii) consider changes to the International Building Code to enhance
energy conservation and efficiency;
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Ch. 412 2026 LAWS OF MARYLAND
(iii) subject to the provisions of paragraph (2)(ii) of this subsection,
adopt modifications to the Standards that allow any innovative approach, design,
equipment, or method of construction that can be demonstrated to offer performance that
is at least the equivalent to the requirements of:
1. the International Energy Conservation Code;
2. Chapter 13, “Energy Efficiency”, of the International
Building Code; or
3. Chapter 11, “Energy Efficiency”, of the International
Residential Code;
(iv) accept written comments;
(v) consider any comments received; and
(vi) hold a public hearing on each proposed modification.
(2) (i) Except as provided in subparagraph (ii) of this paragraph and [§
12–510] §§ 12–503.1 AND 12–510 of this subtitle, the Department may not adopt, as part
of the Standards, a modification of a building code requirement that is more stringent than
the requirement in the International Building Code.
(ii) The Department may adopt energy conservation requirements
that are more stringent than the requirements in the International Energy Conservation
Code, but may not adopt energy conservation requirements that are less stringent than the
requirements in the International Energy Conservation Code.
(c) The Standards apply to each building or structure in the State for which a
building permit application is received by a local jurisdiction on or after August 1, 1995.
(d) In addition to the Standards, the Department shall:
(1) on or before January 1, 2023, adopt by regulation the 2018
International Green Construction Code; and
(2) adopt each subsequent version of the Code within 18 months after it is
issued.
12–503.1.
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
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WES MOORE, Governor Ch. 412
(2) “COVERED BUILDING” HAS THE MEANING STATED IN § 2–1601 OF
THE ENVIRONMENT ARTICLE.
(3) “DISTRICT ENERGY” HAS THE MEANING STATED IN § 2–1601 OF
THE ENVIRONMENT ARTICLE.
(4) “ENERGY CONSERVATION MEASURE” MEANS A PHYSICAL
INSTALLATION IN A BUILDING OR A CONNECTION TO A DISTRICT ENERGY SYSTEM
THAT ENHANCES THE BUILDING’S ENERGY EFFICIENCY OR MINIMIZES THE
BUILDING’S ENERGY USE OR GREENHOUSE GAS EMISSIONS AT THE LOWEST
PRACTICABLE COST.
(5) “FUEL TYPE” MEANS THE COMBINATION OF ENERGY SOURCES
PLANNED FOR A USE IN A BUILDING, INCLUDING ELECTRICITY AND MIXED FUEL.
(B) THIS SECTION APPLIES ONLY TO THE NEW CONSTRUCTION OF A
COVERED BUILDING THAT IS SUBJECT TO PERFORMANCE STANDARDS ESTABLISHED
BY THE DEPARTMENT OF THE ENVIRONMENT UNDER COMAR 26.28.
(C) (1) ON OR BEFORE OCTOBER 1, 2028, AS PART OF THE STANDARDS,
THE DEPARTMENT SHALL ADOPT REGULATIONS ESTABLISHING ENERGY
CONSERVATION REQUIREMENTS FOR COVERED BUILDINGS IN ACCORDANCE WITH
THIS SUBSECTION.
(2) IN DEVELOPING THE REGULATIONS, THE DEPARTMENT SHALL:
(I) ADOPT PROVISIONS THAT REQUIRE:
1. PREDICTED ANNUAL NET DIRECT GREENHOUSE GAS
EMISSIONS OF ZERO; AND
2. PREDICTED ANNUAL SITE ENERGY USE INTENSITY
PERFORMANCE TARGETS,
ENVIRONMENT; AS DETERMINED BY THE DEPARTMENT OF THE
(II) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION, FOR THE
PURPOSES OF THE STANDARDS AUTHORIZING COMPLIANCE VIA THE ATTAINMENT
OF ENERGY EFFICIENCY CREDITS OR ACHIEVEMENT OF PERFORMANCE
THRESHOLDS, CALCULATE AND ADOPT CREDITS AND PERFORMANCE THRESHOLDS
IN A MANNER THAT COMPARES SITE ENERGY USE INTENSITY CHANGES FROM
ENERGY EFFICIENCY MEASURES TO A
MARYLAND–SPECIFIC BASELINE MODEL THAT DOES NOT VARY ACCORDING TO FUEL
TYPE OF THE PROPOSED BUILDING FOR RELEVANT BUILDING TYPES;
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Ch. 412 2026 LAWS OF MARYLAND
(III) IN CONSULTATION WITH THE DEPARTMENT OF THE
ENVIRONMENT, ADOPT PROVISIONS THAT ALLOW AN OWNER OF A COVERED
BUILDING TO REQUEST A WAIVER FROM IMPLEMENTING AN ENERGY CONSERVATION
MEASURE THAT IS NECESSARY TO COMPLY WITH THIS SUBTITLE IF THE MEASURE
CANNOT BE REASONABLY IMPLEMENTED, INCLUDING DUE TO LACK OF EXISTING
TECHNOLOGY; AND
(IV) MAKE BEST EFFORTS TO ALIGN REGULATIONS IMPACTING
THE NEW CONSTRUCTION WITH REGULATIONS ADOPTED BY THE DEPARTMENT OF
THE ENVIRONMENT REGARDING EXISTING BUILDINGS.
(3) CREDITS OR PERFORMANCE THRESHOLDS MAY NOT BE
CALCULATED IN A MANNER THAT AUTHORIZES BUILDINGS OF A CERTAIN FUEL TYPE
TO COMPLY WITH THE STANDARDS WHILE ACHIEVING A LOWER ENERGY
EFFICIENCY ON AVERAGE THAN BUILDINGS OF A DIFFERENT FUEL TYPE.
(4) (I) A LOCAL JURISDICTION MAY ADOPT ENERGY
CONSERVATION REQUIREMENTS FOR BUILDINGS THAT ARE MORE STRINGENT THAN
THE REQUIREMENTS ESTABLISHED BY THE DEPARTMENT UNDER THIS SECTION.
(II) IF THE LOCAL JURISDICTION WHERE A COVERED BUILDING
WILL BE LOCATED HAS ADOPTED ENERGY CONSERVATION REQUIREMENTS MORE
STRINGENT THAN THE REQUIREMENTS ESTABLISHED UNDER THIS SUBSECTION,
THE BUILDING SHALL BE REQUIRED TO MEET THE MORE STRINGENT
REQUIREMENTS.
(5) IF THE VERSION OF THE INTERNATIONAL ENERGY
CONSERVATION CODE IN EFFECT AT THE TIME A BUILDING PERMIT APPLICATION IS
RECEIVED REQUIRES THE BUILDING TO MEET ENERGY CONSERVATION
REQUIREMENTS THAT ARE MORE STRINGENT THAN THE REQUIREMENTS UNDER
COMAR 26.28 FOR CALENDAR YEAR 2040, THE BUILDING SHALL BE REQUIRED TO
MEET THE MORE STRINGENT REQUIREMENTS.
(6) EXCEPT AS PROVIDED IN PARAGRAPH (5) OF THIS SUBSECTION,
NOTHING IN THIS SUBSECTION MAY BE CONSTRUED TO REQUIRE A BUILDING TO
MEET ANY REQUIREMENTS THAT ARE MORE STRINGENT THAT THE REQUIREMENTS
UNDER COMAR 26.28.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to
apply only prospectively and may not be applied or interpreted to have any effect on or
application to any new construction for which a complete commercial or residential service
request is made to the local utility or a development application or building permit
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WES MOORE, Governor Ch. 412
application is filed with a county or municipal corporation before the effective date of this
Act.
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2026.
Approved by the Governor, May 12, 2026.
–7–Every fact on this page links to its source, starting with the official bill record.