Section 4-904 - Contractual Use of Eligible Materials

** TAKES EFFECT JULY 1, 2026 PER CHAPTERS 201 AND 202 OF 2023 ** (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. (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. (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

andards in data collection. (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. (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. (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.