Environmental groups and legislators are raising concerns over proposed changes to Maryland's building code for new large commercial sites, arguing that the amendments could weaken the national energy code. The proposed changes, crafted by Maryland's Department of Labor, allow builders too much flexibility to select and potentially double-count measures that reduce a building's overall energy use, according to critics.
Delegate Lorig Charkoudian (D-Montgomery) believes the changes could violate state law, which allows Maryland to adopt a code more stringent than the International Energy Conservation Code (IECC) but not less stringent. The 2024 IECC version requires new large buildings to generate a certain amount of renewable energy on-site, but Maryland's proposal deletes this requirement, which could result in higher energy bills and increased strain on the electricity grid.
Critics argue that the proposed changes also allow double-counting of energy efficiency measures, reducing the overall amount of energy efficiency work required. This could lead to higher energy use and more climate pollution, as well as increased costs for customers who pay for infrastructure upgrades. However, supporters of the changes argue that they will give construction companies more flexibility with energy efficiency credits, reducing costs and stimulating housing construction.
The concerns come at a time when Maryland climate advocates are already facing cuts to the EmPOWER Maryland energy efficiency program, which provides free and reduced-price energy-efficiency upgrades to home and building owners. The program was recently cut during the General Assembly session, in an effort to lower the surcharge during a period of high electric bills. Critics argue that these cuts will result in higher energy use and costly infrastructure upgrades in the future.
Despite the concerns, the Department of Labor has noted that it appreciates the comments submitted so far and will review all stakeholder input before making any final determinations. The public comment period on the regulations is open until July 27, and the Joint Committee on Administrative, Executive, and Legislative Review (AELR) is considering a hold on the regulations to allow legislators to discuss them with the Department of Labor.
