Legislative committee puts new Maryland building code on hold amid environmental concerns

A Maryland legislative committee is holding up a new building code regulation amid concerns that it is less environmentally stringent than the national code, which Maryland is supposed to adhere to.

In a letter Tuesday to Gov. Wes Moore (D), the House and Senate co-chairs of the Joint Committee on Administrative, Executive and Legislative Review signaled their intent to “conduct a more detailed study of this regulation and to ask that the board delay final adoption.”

During a July public hearing about the regulation, environmental organizations and energy think tanks such as the Chesapeake Climate Action Network and the Rocky Mountain Institute expressed frustration that Maryland’s version of the code for large commercial buildings allowed far more flexibility on energy efficiency measures than the International Energy Conservation Code, or IECC.

The IECC, for example, requires that newly constructed large buildings, including warehouses and apartment towers, generate a small amount of renewable energy on-site. But Maryland omitted that requirement, and also allowed builders to double-count certain energy efficiency measures.

In a statement, Maryland Department of Labor spokesperson Dinah Winnick said that the agency is “taking this time to analyze all the comments received during the public comment period as well as consider the input received thus far from members of the General Assembly.”

“We welcome this opportunity to engage further with the AELR Committee and stakeholders on this important topic,” her statement said.

The hold was requested by committee member Del. Lorig Charkoudian (D-Montgomery), a leading voice on energy and environmental issues in the General Assembly.

“I respect her judgment,” said Del. Sandy Rosenberg (D-Baltimore City), a co-chair of the committee.

It isn’t just that the rules allow more flexibility to buildings, reducing their climate obligations compared to the national code, Charkoudian said. The rule may also flout state law.

“It appears to violate Maryland law, which requires that our building codes be at least consistent with, if not stronger than, the international standard,” Charkoudian said in an interview prior to the hold.

The AELR Committee consists of 10 delegates and 10 senators, and has the power to review regulations promulgated by state agencies in the Maryland Register, to ensure they match the intent of relevant laws passed by the General Assembly. the building code rules were published in the register on June 26, and a public comment period ended July 27.

If the committee doesn’t reach an agreement during the hold period, the agency can give notice that it plans to move forward with the regulations anyway. At that point, the hold can end on the 30th day after the agency gives notice or 105 days after the regulation was first published in the Register, whichever is later. But if the committee votes to oppose the regulation, it needs the governor’s OK before it can take effect.

Christine Condon reports for Maryland Matters.

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