MARYLAND GOVERNMENTS ENERGIZE
THE GREEN BUILDING MOVEMENT

Throughout the country, governments at all levels are increasingly engaged in leading the market transformation toward a sustainable built environment. Maryland is no exception. In fact, state and local government leaders in Maryland are taking an assertive and proactive role in laying the groundwork for high‐performance green building in both the public and private sectors.

At the same time, the Baltimore Region Chapter of the U.S. Green Building Council, with a membership of over 250 that has doubled in size in each of the last two years, is playing an increasingly prominent role as the leading authority and primary point of contact for green building across the State. Under the leadership of Chair Marc Shaener of Envirosolutions Inc., the Chapter Advocacy Committee is actively engaged with state and local governments in advocating for sound public policy to promote green building. In accordance with Chapter policy, the Chapter supports government initiatives that complement market forces and facilitate green building in both the public and private sectors.

GOVERNMENT LEADERSHIP

Upon taking office in 2007, Governor Martin O’Malley made energy and environment two of the top priorities of his Administration. Subsequently, the state legislature created the Maryland Green Building Council and charged it with evaluating high‐performance building technologies and recommending an implementation plan for a Maryland high‐performance building program. David Pratt of Lorax Partnerships, LLC, Immediate Past Chair of the Chapter Board of Directors, and Peter Doo of Doo Consulting, Founding Chair of the Chapter, are members of the state Council. Based on the Council’s recommendations, the Administration introduced green building legislation among a package of energy and environmental initiatives in the 2008 legislative session.

Under the leadership of First District Councilman Jim Kraft, the Baltimore City Council in 2005 created the Baltimore City Green Building Task Force and charged it with developing recommendations for green building policy in Baltimore. David Pratt, Peter Doo and Chapter Board member Kim Schafer of TerraLogos all served as co‐chairs of the Task Force. Based on the group’s recommendations, in 2007 Baltimore City adopted an ordinance requiring public and private building projects to achieve a Silver‐level rating in the U.S. Green Building Council’s LEED (Leadership in Energy and Environmental Design) green building rating system. Building on this success, Councilman Kraft has introduced several additional green building policy initiatives in 2008. Furthermore, Mayor Sheila Dixon established the Baltimore City Commission on Sustainability in 2007 and charged it with developing a sustainability plan for the City of Baltimore that will address a variety of energy and environmental issues. Peter Doo sits on this body as well.

Soon after taking office in 2007, Howard County Executive Ken Ulman created the Commission on Environment and Sustainability and charged it with identifying sound environmental practices to apply in the County. Chapter Board member Josh Feldmark was chosen to lead the Commission as Executive Director. Based on the Commission’s work, Howard County now requires public and private building projects to achieve LEED certification. The County also provides incentives – expedited permitting and tax credits – for both new and existing private projects that meet higher levels of LEED certification.

Baltimore County Executive Jim Smith is leading an ambitious effort to revitalize communities in the County. Executive Smith signed into law the Renaissance Redevelopment Pilot Program, which brings citizens, government and developers together at the beginning of the development process and results in sustainable, community‐friendly construction. The County has also established a Commission on Environmental Quality charged with providing advice on the costs and benefits of environmental issues. Chapter Chair Rex A. Wright is a member of the Commission and served as Chair in 2007. On the legislative side, Baltimore County provides a property tax credit to any commercial building that achieves a Silver‐level rating in the LEED for New Construction, LEED for Core and Shell, and LEED for Existing Buildings rating systems.

2008 LEGISLATIVE ACTIVITY

Continuing the momentum, governments throughout Maryland are introducing and enacting initiatives that foster green building. At both the state and local levels, the public sector is promoting green construction for both public and private buildings through a mix of requirements and incentives. The following is a summary of 2008 policy initiatives:

STATE OF MARYLAND

SB 208/HB 376: Adopted April 2008. Effective July 2008, new construction and major renovation of building projects of at least 7,500 square feet that are funded solely with state funds must meet or exceed a Silver‐level rating in the LEED rating system or a comparable rating of another numerically‐based rating system. Effective July 2009, K‐12 public schools must meet the same standard. For K‐12 schools, the state will pay 50% of the local share of the extra costs of meeting the high‐performance building requirement for the first 5 fiscal years.

HB 374/SB 205: Adopted April 2008. Declares that energy efficiency is among the least expensive ways to meet the State’s growing electricity demands. Sets goal, based on 2007 electricity consumption, of 15% reductions in per capita electricity consumption and per capita peak demand by 2015. Directs the Public Service Commission to require electric companies, by December 31, 2008, to offer customers energy efficiency and conservation programs and services designed to meet the targeted reductions by 2015 of 10% in per capita electricity consumption and 15% in per capita peak demand. Requires electric companies to develop plans to meet the targets that address the residential, commercial and industrial sectors.

SB 823: Adopted April 2008. Authorizes Carroll County to grant a tax credit against the County property tax imposed on non‐residential property on which is installed environmentally‐friendly “green” technologies that conserve water, use recycled or recyclable materials, and incorporate renewable and energy‐efficient power generation.

BALTIMORE CITY

Ordinance No. 08‐0057: Introduced February 2008. Provides for a 10‐year tax credit equal to 100% of the city property tax for buildings that achieve a Silver‐level or higher rating in the LEED rating system or a comparable rating of another appropriate rating system.

Ordinance No. 08‐0058: Introduced February 2008. Provides for a tax credit against the city property tax for the costs of electricity‐generating solar panels, solar water‐heating equipment, and geothermal energy devices. The credit is equal to a percentage of the costs up to a maximum of $25,000 for single‐family residential dwellings and $150,000 for multi‐family dwellings and commercial and industrial buildings. The tax credit is applied in 1/5 increments for 5 successive years.

BALTIMORE COUNTY

Resolution 7‐08: Adopted January 2008. Requests that the County Planning Board, in conjunction with County agencies, develop a County‐wide sustainability program.

CITY OF ANNAPOLIS

Ordinance No. 0‐56‐07: Adopted March 2008. By January 1, 2009, requires new construction or major modification of commercial or mixed‐use buildings greater than 7.500 square feet to achieve a Certified‐level rating in the appropriate LEED rating system or an equivalent design standard. By January 1, 2009, requires new construction or major modification of public buildings regardless of size to achieve a Silver‐level rating in the appropriate LEED rating system or an equivalent design standard. “Public building” is defined to include buildings funded at least 30% by the municipal government. By July 1, 2009, requires new construction or major modification of five or more single‐family or attached homes on one lot or as a subdivision, and single‐family homes in excess of 3,250 square feet, to achieve a Certified‐level rating in the appropriate LEED rating system or an equivalent design standard.

The U.S. Green Building Council Baltimore Region Chapter represents a wide range of interested stakeholders throughout the region. We look forward to working together with the entire community to transform the market and make all buildings better places to live, work, learn and heal.