§ 4-904. Use of eligible materials

West's Annotated Code of MarylandState Finance and ProcurementEffective: July 1, 2026

West's Annotated Code of Maryland
State Finance and Procurement
Division I. State Finance [Titles 1-10a] (Refs & Annos)
Title 4. Department of General Services (Refs & Annos)
Subtitle 9. Buy Clean Maryland Act (Refs & Annos)
Effective: July 1, 2026
MD Code, State Finance and Procurement, § 4-904
§ 4-904. Use of eligible materials
Currentness
<Section effective July 1, 2026.>
Specification of eligible materials
(a)(1) For any solicitation for a contract for an eligible project, a unit of State government shall specify the eligible materials that will be used in the project and the reasonable minimum usage thresholds below which the requirements of this section do not apply.
(2) A unit of State government may include in a solicitation for an eligible project a global warming potential for any eligible material that is lower than the maximum acceptable global warming potential for that material as determined under § 4-903 of this subtitle.
Environmental product declarations
(b) The Department shall require a successful bidder or offeror of an eligible project to submit, for each eligible material proposed to be used in the eligible project:
(1) a current environmental product declaration, type III, as defined by the International Organization for Standardization Standard 14025; or
(2) a similarly robust life cycle assessment method that includes uniform standards in data collection.
Declaration required before installation of eligible materials
(c) A contractor may not install any eligible materials on the eligible project until the contractor submits a facility-specific environmental product declaration for that eligible material as required under subsection (b) of this section.
Alternative eligible materials
(d) If an environmental product declaration is not available for an eligible material, the contractor shall notify the unit and use an alternative eligible material with an environmental product declaration.
Waiver
(e) The Department may waive the requirements of this section if it determines that requiring the relevant eligible materials would:
(1) be technically infeasible;
(2) result in a significant increase in project cost;
(3) result in a significant delay in project completion; or
(4) result in only one source or manufacturer being able to provide the necessary materials.

Credits

Added by Acts 2023, c. 201, § 2, eff. July 1, 2026; Acts 2023, c. 202, § 2, eff. July 1, 2026.
MD Code, State Finance and Procurement, § 4-904, MD STATE FIN & PROC § 4-904
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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