Md. Code Regs. 26.28.04.01

Current through Register Vol. 51, No. 26, December 27, 2024
Section 26.28.04.01 - Alternative Compliance Pathway
A. Alternative Compliance Pathway for Net Direct Emissions Standards.
(1) In lieu of meeting the net direct emissions standards in COMAR 26.28.03, the building owner shall come into compliance with the net direct emissions standards by paying an alternative compliance fee for the greenhouse gas emissions in excess of the net direct emissions standards.
(2) An alternative compliance fee shall be paid for every metric ton of net direct emissions in excess of the net direct emissions standard in a given calendar year. The fee shall be:
(a) $230 per metric ton of excess CO2e in 2020 dollars, adjusted for inflation, for 2030;
(b) $234 per metric ton of excess CO2e in 2020 dollars, adjusted for inflation, for 2031;
(c) $238 per metric ton of excess CO2e in 2020 dollars, adjusted for inflation, for 2032;
(d) $242 per metric ton of excess CO2e in 2020 dollars, adjusted for inflation, for 2033;
(e) $246 per metric ton of excess CO2e in 2020 dollars, adjusted for inflation, for 2034;
(f) $250 per metric ton of excess CO2e in 2020 dollars, adjusted for inflation, for 2035;
(g) $254 per metric ton of excess CO2e in 2020 dollars, adjusted for inflation, for 2036;
(h) $258 per metric ton of excess CO2e in 2020 dollars, adjusted for inflation, for 2037;
(i) $262 per metric ton of excess CO2e in 2020 dollars, adjusted for inflation, for 2038;
(j) $266 per metric ton of excess CO2e in 2020 dollars, adjusted for inflation, for 2039;
(k) $270 per metric ton of excess CO2e in 2020 dollars, adjusted for inflation, for 2040; and
(l) The fee rate increases by $4 per metric ton of CO2e per calendar year in 2020 dollars, adjusted for inflation, in each calendar year following 2040.
(3) The annual fee rate set forth in this chapter shall be increased each calendar year by the percentage, if any, by which the Consumer Price Index-U (All Urban Consumers) for the most recent calendar year exceeds the Consumer Price Index-U (All Urban Consumers) for the previous calendar year.
B. Other Provisions. If covered building ownership changes in 2030 or any calendar year thereafter, then the owner of the building on December 31st is responsible for compliance with this regulation and paying alternative compliance fees or penalties for the calendar year ending on December 31st and every calendar year thereafter until that person is no longer the owner of the covered building.

Md. Code Regs. 26.28.04.01

Regulation .01 adopted effective 51:25 Md. R. 1142, eff. 12/23/2024.