HB 236
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
Third Reader - Revised
House Bill 236 (Delegate Hill, et al.)
Health and Government Operations and Education, Health, and Environmental Affairs
Appropriations
Department of General Services - Energy-Conserving Standards (Maryland
Sustainable Buildings Act of 2021)
This bill requires the Department of General Services (DGS) to (1) establish standards for
specified State buildings to conserve energy and minimize adverse impacts on birds, as
specified and (2) update the standards every five years. The Secretary of General Services
must adopt regulations to carry out the bill.
Fiscal Summary
State Effect: The bill’s effect on construction and maintenance costs (all funds) cannot be
reliably estimated, as discussed below; however, State utility costs may decrease over time.
Revenues are not affected.
Local Effect: None.
Small Business Effect: None.
Analysis
Bill Summary: The bill applies to buildings that are:
 acquired through any means by the State for use by a State agency or department;
 constructed or renovated by or for the State for occupancy by a State agency or
department; or
 acquired, constructed, or renovated for which more than 50% of the money for the
acquisition, construction, or renovation came from State funds.
The bill does not apply to (1) a public work contract valued at less than $500,000; (2) a
public work project for which 50% or less of the funds used are State funds; or (3) a project
for which funding is provided in the capital budget as a grant to a nonprofit organization.
The standards developed by DGS must be consistent with the U.S. Green Building
Council’s Pilot Credit 55 under the Leadership in Energy and Environmental Design
(LEED) certification program and with the American Bird Conservancy’s bird-friendly
design recommendations; however, they may not include a requirement for bird collision
monitoring. DGS must consider the physical and mental health of building occupants in
developing or updating the standards. The Maryland Green Building Council (MGBC)
must include the standards in any requirements that it establishes for participation in a
higher performance building program in the State.
Except where full operation of building lighting is documented as necessary, including for
public safety or other purposes, the standards must specify that interior and exterior lighting
must be appropriately shielded and minimized from midnight to dawn during specified
times of the year. Affected State buildings must meet the standards to the extent practicable
and within budgetary constraints. DGS must reduce the lighting of existing State buildings
to the extent practicable, and within budgetary constraints, by using automatic control
technologies such as timers, photo-sensors, infrared detectors, and motion detectors.
Current Law: There are no provisions in State law to minimize the adverse impacts of
State buildings on birds.
However, Chapter 124 of 2008 requires most new or renovated State buildings to be
constructed as high-performance buildings, subject to waiver processes established by the
Department of Budget and Management (DBM) and DGS.
Chapter 124 defines a high-performance building as one that:
 meets or exceeds the LEED criteria for a silver rating; or
 achieves a comparable numeric rating according to a nationally recognized,
accepted, and appropriate standard approved by DBM and DGS. Based on a
unanimous recommendation from MGBC, in 2017, DGS and DBM approved the
use of the Green Globes rating system developed by the Green Building Initiative
as an alternative to LEED silver.
Only new or renovated State buildings that are at least 7,500 square feet and are built or
renovated entirely with State funds are subject to the high-performance requirement.
Additionally, building renovations must include the replacement of heating, ventilation,
air conditioning, electrical, and plumbing systems and must retain the building shell.
Unoccupied buildings are exempt from the high-performance mandate, including
HB 236/ Page 2
warehouses, garages, maintenance facilities, transmitter buildings, and pumping stations.
Under the bill, the standards developed by DGS must apply to high-performance buildings
in the State.
State Expenditures:
Glass in State Buildings
DGS advises that it manages about two-thirds of State-owned buildings, with the
University System of Maryland, Maryland Department of Transportation, and other
independent entities responsible for the remaining buildings. DGS constructs, substantially
alters, or acquires between one and three buildings each year. Given the specificity of the
LEED and American Bird Conservancy bird-safe building standards, DGS can likely
implement the bill’s standard-setting requirements with existing resources.
The effect of those standards on building construction and maintenance costs is less clear.
The standards likely require replacing transparent structural glass with other materials that
enhance energy efficiency and reduce adverse effects on birds. Replacing glass with other
materials (concrete, etc.) likely has little to no effect on construction costs (except for
reducing the market value of the building) and may reduce life-cycle costs (depending on
building design and other environmental factors). However, replacing transparent glass with
frosted or etched glass (to reduce bird collisions) can add substantially to the construction
cost of a building. Similarly, adding netting, shutters, or other mitigating features can also
add to construction and maintenance costs. Thus, reducing the amount of transparent glass
allowed on a building’s exterior may have minimal or substantial effects on construction
costs, depending on how it is done. Similarly, it likely has positive effects on life-cycle costs
but can also reduce the use of natural light and diminish the market value of a building.
Lighting in State Buildings
DGS advises that the bill’s requirements to lower lighting levels in State buildings applies to
about 4,000 current State buildings, only about 20 of which, by its estimation, have the
automatic control technologies mentioned in the bill. As DGS is supposed to reduce the
lighting “to the extent practicable and within budgetary constraints,” a reliable estimate of the
cost of this provision is not feasible. If DGS determines it can only reduce lighting in buildings
that currently have the technology, there is no fiscal effect (except potential reductions in State
utility bills). However, if DGS determines that many more buildings require the technology,
the cost of installing it in a large number of buildings could be significant.
HB 236/ Page 3
 Additional Information
Prior Introductions: HB 192 of 2020, a substantially similar bill as it passed the House
with amendments, was assigned to the Senate Education, Health, and Environmental
Affairs Committee, but no further action was taken. Its cross file, SB 299, received a
hearing in the Senate Education, Health, and Environmental Affairs Committee, but no
further action was taken. Similar legislation was also considered in the 2019 session.
Designated Cross File: None.
Information Source(s): Department of General Services; Department of Legislative
Services
Fiscal Note History: First Reader - January 19, 2021
rh/ljm Third Reader - March 29, 2021
Revised - Amendment(s) - March 29, 2021
Analysis by: Michael C. Rubenstein Direct Inquiries to:
(410) 946-5510
(301) 970-5510
HB 236/ Page 4


Statutes affected:
Text - First - Department of General Services - Energy-Conserving Standards (Maryland Sustainable Buildings Act of 2021): 4-101 State Finance and Procurement, 4-410.1 State Finance and Procurement
Text - Third - Department of General Services - Energy-Conserving Standards (Maryland Sustainable Buildings Act of 2021): 4-101 State Finance and Procurement, 4-410.1 State Finance and Procurement