1. (a)

   1. (1) On or before December 31, 2024, producers of eligible materials shall submit environmental product declarations to the Department.
   2. (2) The Department shall analyze environmental product declarations and assess global warming potential for eligible materials used in an eligible project in accordance with this section.
2. (b) On or before January 1, 2026, the Department shall, in consultation with the Department of Transportation, establish a maximum acceptable global warming potential for each category of eligible materials used in an eligible project in accordance with this section.

3. (c) The Department shall:

   1. (1) base the maximum acceptable global warming potential on the industry average of global warming potential emissions for that material;
   2. (2) determine the industry average of global warming potential emissions, which may include transportation-related emissions, by consulting nationally or internationally recognized databases of environmental product declarations; and
   3. (3) express the maximum acceptable global warming potential as a number that states the maximum acceptable global warming potential for each category of eligible materials, consistent with criteria in an environmental product declaration.

4. (d) The Department may:

   1. (1) establish additional subcategories within each category of eligible material with distinct maximum acceptable global warming potential limits;
   2. (2) establish a maximum acceptable global warming potential for each material category in the aggregate; and
   3. (3) consult with any other relevant unit of State government when establishing a maximum acceptable global warming potential for each category of eligible materials used in an eligible project.

5. (e)

   1. (1) Subject to paragraph (2) of this subsection, by January 1, 2029, and every 3 years thereafter, the Department shall review the maximum acceptable global warming potential for each category of eligible materials and may adjust the potential for any category to reflect industry conditions.
   2. (2) The Department may not adjust the global warming potential upward for any category of eligible material.

Added by Acts 2023, c. 201, § 1, eff. July 1, 2023; Acts 2023, c. 202, § 1, eff. July 1, 2023.