Section 2-1602 - [Effective Until 1/1/2030] Building energy performance standards(a) The Department shall develop building energy performance standards for covered buildings that achieve:(1) A 20% reduction in net direct greenhouse gas emissions on or before January 1, 2030, as compared with 2025 levels for average buildings of similar construction; and(2) Net-zero direct greenhouse gas emissions on or before January 1, 2040.(b) To facilitate the development of building energy performance standards under this section, the Department shall require the owners of covered buildings to measure and report direct emissions data to the Department annually beginning in 2025.(c)(1) On or before June 1, 2023, the Department shall adopt regulations to implement this section.(2) Regulations adopted under this section shall:(i) Subject to items (ii) and (iii) of this paragraph, include energy use intensity targets by building type;(ii) As necessary, include special provisions or exceptions to account for: 3. The unique needs of particular building or occupancy types, including health care facilities, laboratories, assisted living and nursing facilities, military buildings, critical infrastructure, and buildings used in life sciences as defined in § 3-201 of the Economic Development Article; and4. The use of district energy systems and biofuels by covered buildings;(iii) Consider the needs of the owners of covered buildings who:1. Are not responsible for the design, modification, fixtures, or equipment of commercial tenants;2. Do not have access to or control over building energy systems that are used or controlled by commercial tenants; or3. Own buildings occupied by commercial tenants who are responsible for all maintenance of and repairs to the buildings;(iv) Provide maximum flexibility to the owners of covered buildings to comply with building energy performance standards;(v) Subject to paragraph (3) of this subsection, include an alternative compliance pathway allowing the owner of a covered building to pay a fee for greenhouse gas emissions attributable to the building's failure to meet direct greenhouse gas emissions reduction targets; and(vi) To the extent authorized by law, include financial incentives recommended by the Building Energy Transition Implementation Task Force.(3) The Department may not set an alternative compliance fee that is less than the social cost of greenhouse gases adopted by the Department or the U.S. Environmental Protection Agency.(d) Electric companies and gas companies shall provide energy data, including whole-building and aggregate data, to the owners of covered buildings for benchmarking purposes.(e) In calculating the statewide standards developed by the Department under this section, an owner of a covered building may not consider greenhouse gas emissions or energy use by a commercial tenant of the covered building that:(1) Is a food service facility as defined in COMAR 10.15.03.02; and(2) Engages in commercial cooking and water heating.Added by 2022 Md. Laws, Ch. 38, Sec. 5, eff. 6/1/2022, exp. 1/1/2030.