(a) (1) On or before December 31, 2024, producers of eligible materials shall submit environmental product declarations to the Department. (2) The Department shall analyze environmental product declarations and assess global warming potential for eligible materials used in an eligible project in accordance with this section. (b) On or before January 1, 2026, the Department shall, in consultation with the Department of Transportation, establish a maximum acceptable global warming potential for each category of eligible materials used in an eligible project in accordance with this section. (c) The Department shall: (1) base the maximum acceptable global warming potential on the industry average of global warming potential emissions for that material; (2) determine the industry average of global warming potential emissions, which may include transportation-related emissions, by consulting nationally or internationally recognized databases of environmental product declarations; and (3) express the maximum acceptable global warming potential as a number that states the maximum acceptable global warming potential for each category of eligible materials, consistent with criteria in an environmental product declaration. (d) The Department may: (1) establish additional subcategories within each category of eligible material with distinct maximum acceptable global warming potential limits; (2) establish a maximum acceptable global warming potential for each material category in the aggregate; and (3) consult with any other relevant unit of State government when establishing a maximum acceptable global warming potential for each category of eligible materials used in an eligible project. (e) (1) Subject to paragraph (2) of this subsection, by January 1, 2029, and every 3 years thereafter, the Department shall review the maximum acceptable global warming potential for each category of eligible materials and may adjust the potential for any category to reflect industry conditions. (2) The Department may not adjust the global warming potential upward for any category of eligible material. §4-904. NOT IN EFFECT ** TAKES EFFECT JULY 1, 2026 PER CHAPTERS 201 AND 202 OF 2023 ** (a) (1) For any solicitation for a contract for an eligible project, a unit of State government shall specify the eligible materials that will be used in the project and the reasonable minimum usage thresholds below which the requirements of this section do not apply. (2) A unit of State government may include in a solicitation for an eligible project a global warming potential for any eligible material that is lower than the maximum acceptable global warming potential for that material as determined under § 4-903 of this subtitle. (b) The Department shall require a successful bidder or offeror of an eligible project to submit, for each eligible material proposed to be used in the eligible project: (1) a current environmental product declaration, type III, as defined by the International Organization for Standardization Standard 14025; or (2) a similarly robust life cycle assessment method that includes uniform standards in data collection. (c) A contractor may not install any eligible materials on the eligible project until the contractor submits a facility-specific environmental product declaration for that eligible material as required under subsection (b) of this section. (d) If an environmental product declaration is not available for an eligible material, the contractor shall notify the unit and use an alternative eligible material with an environmental product declaration. (e) The Department may waive the requirements of this section if it determines that requiring the relevant eligible materials would: (1) be technically infeasible; (2) result in a significant increase in project cost; (3) result in a significant delay in project completion; or (4) result in only one source or manufacturer being able to provide the necessary materials. §4-905. NOT IN EFFECT ** TAKES EFFECT JULY 1, 2026 PER CHAPTERS 201 AND 202 OF 2023 ** (a) On or before December 1, 2025, and each year thereafter, the Department shall submit an annual report, in accordance with § 2-1257 of the State Government Article, to the General Assembly that includes: (1) what the Department has learned about how to identify and quantify embodied carbon in building materials, including life cycle costs; and (2) any obstacles the Department, bidders, or offerors have encountered in identifying and quantifying embodied carbon in building materials. (b) The report submitted on or before December 1, 2025, shall include a description of the method that the Department used to develop the maximum acceptable global warming potential for each category of eligible materials.
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