Md. Code Regs. 26.28.04.02

Current through Register Vol. 51, No. 26, December 27, 2024

Section 26.28.04.02 - Exemptions

A. Exemptions from Benchmarking and Performance Standard Requirements. A building owner may apply for an exemption from the requirements of this regulation for one calendar year when the building owner can provide documentation showing that one of the following conditions are met:

(1) Financial distress;

(2) The covered building was not occupied for the entirety of the calendar year being reported; or

(3) The covered building was demolished during the calendar year for which benchmarking is required.

B. Exemption from Establishing Baseline Performance.

(1) The Department may, in its sole discretion, grant an exemption from the requirement to establish baseline performance when, during the baseline year, less than 50 percent of the floor area of the covered building was occupied for at least 180 days and where the building owner applies for such exemption.

(2) A covered building may not receive an exemption from the requirement to establish baseline performance for more than 3 years.

C. Exemptions for Affordable Housing Providers.

(1) The Department may grant the application of reduced alternative compliance fees to an affordable housing provider when the building owner submits in writing such request by June 1st of each calendar year, beginning in 2031 which demonstrates to the Department that it has made a good faith effort, as demonstrated under §C(2) of this regulation.

(2) A good faith effort may be demonstrated to the Department by submitting a copy of the application to a federal or Maryland administered program that would make the building or buildings more energy efficient and/or reduce greenhouse gas emissions. The submission shall also include the benchmark report, intended scope of work, and estimated greenhouse gas reductions expected from the intended scope of work to achieve at least the applicable interim or final standard.

(3) An alternative compliance fee granted by the Department under §C(1) of this regulation is good for one calendar year.

(4) A project that has applied to a program under §C(2) of this regulation but has not yet completed the improvements, can submit a confirmation received from the program administrator to the Department, verifying the project's active participation status to satisfy the good faith effort for another year.

(5) An alternative compliance fee granted by the Department under §C(1) of this regulation does not exempt the owner from complying with the benchmarking and reporting requirements in COMAR 26.28.02.

(6) An affordable housing provider may apply for the alternative compliance fee annually.

Md. Code Regs. 26.28.04.02

Regulation .02 adopted effective 51:25 Md. R. 1142, eff. 12/23/2024.