Future large commercial buildings in the Potomac area and across Montgomery County could be built to weaker energy standards than the rest of the country unless a state legislative committee intervenes. That committee took its first step on Wednesday, Aug. 5, freezing Maryland's proposed building energy code.
Del. Lorig Charkoudian (D-Montgomery), vice chair of the House Economic Matters Committee, requested the hold. She argues the code drafted by the Maryland Department of Labor is weaker than the national standard it's supposed to match, and may break 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 told Maryland Matters before the hold took effect.
What the code leaves out
The proposed rules govern energy efficiency for warehouses, data centers and large apartment towers. Maryland's version is based on the 2024 International Energy Conservation Code but omits a key provision: a requirement that new large buildings generate 0.75 watts of renewable energy per square foot on-site for their three largest floors, Maryland Matters reported July 17.
Maryland's draft also lets builders double-count certain efficiency measures, reducing the total amount of energy-saving work required compared with the national standard, according to the Rocky Mountain Institute and the Responsible Energy Codes Alliance.
Erin Sherman, a senior associate at the Rocky Mountain Institute, called the deleted on-site renewable requirement "modest" and "likely cost-effective" at a July 17 public hearing in Hunt Valley. She warned that weaker standards would mean higher energy bills for building occupants and more strain on an already overwhelmed electricity grid.
The Maryland Building Industry Association sees it differently. CEO Lori Graf said the state's version would give construction companies more flexibility with energy efficiency credits, reducing costs and potentially spurring housing construction. She noted the previous 2021 code was particularly difficult for builders to adopt.
How the hold works
The Joint Committee on Administrative, Executive and Legislative Review, a 20-member panel of delegates and senators, sent a letter to Gov. Wes Moore on Aug. 5 signaling its intent to "conduct a more detailed study of this regulation and to ask that the board delay final adoption," Bethesda Magazine reported.
Del. Sandy Rosenberg (D-Baltimore City), a co-chair of the AELR Committee, said he "respects" Charkoudian's judgment in requesting the review.
The Department of Labor published the proposed code in the Maryland Register on June 26. A public comment period closed July 27. Department spokesperson Dinah Winnick said in a statement that the agency is analyzing comments and welcomes further engagement with the committee and stakeholders.
What happens next
If the committee and the Department of Labor cannot reach agreement, the agency can give notice it plans to proceed anyway. The hold would then expire on the 30th day after that notice or 105 days after the June 26 publication date, whichever is later. That places the outer deadline at approximately Oct. 9.
If the committee votes to formally oppose the regulation, the code would need Gov. Moore's approval before it can take effect. Residents can contact the AELR Committee through the Maryland General Assembly website.
