Maryland draft building code drops solar rule, critics warn of higher power bills

A proposed update to Maryland's building code is sparking alarm. Critics say it would leave newly built large buildings costlier to run over time.

What's happening?

According to Maryland Matters, several environmental organizations and at least one state lawmaker contend that Maryland's draft changes to the International Energy Conservation Code would dilute the national benchmark the state is expected to adopt.

Del. Lorig Charkoudian, a Montgomery County Democrat and vice chair of the Economic Matters Committee, said the Department of Labor's proposal would give builders too much discretion in how they claim energy-saving credits.

"It creates a lower baseline standard and makes a bunch more things flexible," Charkoudian said, per Maryland Matters. "In the end, the impact is lower levels of efficiency."

One of the main objections centers on Maryland's decision to remove a 2024 IECC provision that would have required certain new large buildings — including warehouses, data centers, and apartment buildings — to generate a specified amount of renewable energy on-site, such as through rooftop solar.

Erin Sherman, a Maryland-based senior associate at the Rocky Mountain Institute, said the requirement was relatively modest, calling for 0.75 watts for each square foot across a new building's largest three floors.

"[It] is not a lot of renewable energy," Sherman told officials at a public meeting last week, per Maryland Matters. "It does not cover the entirety of a building's electricity load in most cases. It's a modest, likely cost-effective — in many cases, if not all cases — requirement. That is gone."

Why does it matter?

Because they shape how buildings are constructed and operated for years, building codes have a direct effect on energy costs, building practices, and pollution.

Allowing new structures to consume more power than necessary can increase costs, place additional demand on the electric system, and affect air quality in nearby communities.

"Instead of high-performance, grid-smart, clean energy-powered buildings, buildings will get higher energy bills. Those lucky enough to build brand-new offices or warehouses will pass costs on to other ratepayers through higher peak demand than they otherwise would have," Sherman argued, per Maryland Matters. 

Advocates say the timing is especially notable in Maryland, where lawmakers recently scaled back the EmPOWER Maryland efficiency program, which helps cover cost-effective upgrades such as insulation, weatherproofing, and efficient appliances.

Builders, however, have said that loosening building rules could increase housing options because previous code changes had been difficult to carry out.

What's being done?

Maryland's public comment period on the proposed regulations remains open through July 27. 

Charkoudian also said she has asked the Joint Committee on Administrative, Executive, and Legislative Review to pause the regulations while lawmakers discuss them with the Department of Labor.

Department spokesperson Dinah Winnick said the agency "will review stakeholder feedback before deciding whether to make any further changes or modifications," per Maryland Matters.

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